Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2013-05-20.xml --- 78 97 Monday, May 20, 2013 Contents Administrative Administrative Conference of the United States NOTICES Meetings: Assembly of the Administrative Conference of the United States, 29318 2013-11880 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Assessment Rates: Blueberry Promotion, Research and Information Order, 29258-29261 2013-11852 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application and Permit for Importation of Firearms, Ammunition and Implements of War, 29381-29382 2013-11920 Army Army Department See Engineers Corps Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Compliance with the Import Permit Program; Public Webcast, 29371 2013-11895 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Big Bay Boom, San Diego Bay, San Diego, CA, 29289-29292 2013-11751 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 29321-29322 2013-11835 Consumer Product Consumer Product Safety Commission PROPOSED RULES Safety Standard for Carriages and Strollers, 29279-29289 2013-11638 Defense Department Defense Department See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29333-29334 2013-11905 Meetings: Threat Reduction Advisory Committee, 29334-29335 2013-11912 Science and Technology Reinvention Laboratory Personnel Management Demonstration Projects, 29335-29336 2013-11952 Education Department Education Department RULES Final Priorities:

National Institute on Disability and Rehabilitation Research; Disability and Rehabilitation Research Projects and Centers Program, Rehabilitation Research Training Centers, 29234-29237 2013-11988 National Institute on Disability and Rehabilitation Research; Rehabilitation Research and Training Centers, 29237-29239 2013-11978 Technical Assistance to Improve State Data Capacity; National Technical Assistance Center to Improve State Capacity to Accurately Collect and Report IDEA Data, 29239-29245 2013-11971 PROPOSED RULES Proposed Priorities, Requirements, Definitions, and Selection Criteria:

Race to the Top - Early Learning Challenge, 29500-29518 2013-11821 NOTICES Applications for New Awards: National Institute on Disability and Rehabilitation Research; Disability and Rehabilitation Research Projects and Centers Program, Rehabilitation Research Training Centers, 29344-29349 2013-11987 National Institute on Disability and Rehabilitation Research; Rehabilitation Research and Training Centers, 29349-29353 2013-11977 Technical Assistance to Improve State Data Capacity;

National Technical Assistance Center to Improve State Capacity to Accurately Collect and Report IDEA Data, 29338-29344 2013-11967 Federal Need Analysis Methodology for the 2014-15 Award Year: Pell Grant, Perkins Loan, Work-Study, Supplemental Educational Opportunity Grant, etc., 29353-29359 2013-11982 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Contractor Legal Management Requirements; Acquisition Regulations; Correction, 29247-29248 2013-11927 Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Arctic Deep Draft Ports Navigation Improvements Feasibility Study, 29336-29338 2013-11850 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Florida; Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards, 29306-29314 2013-11868 Utah; Interstate Transport of Pollution for the 2006 PM2.5 NAAQS, 29314-29317 2013-11974 Air Quality State Implementation Plans;

Partial Approvals and Partial Disapprovals: Arizona; Regional Haze Requirements, 29292-29306 2013-11976 NOTICES Access to Confidential Business Information: ABT Associates, Inc., et al., 29367-29368 2013-11975 Agency Information Collection Activities; Proposals, Submissions, and Approvals: NSPS for Nitric Acid Plants, 29368 2013-11930 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 29261-29263 2013-11913 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Anti-Drug Program for Personnel Engaged in Specified Aviation Activities, 29427-29428 2013-11958 Aviation Medical Examiner Program, 29427 2013-11960 Human Space Flight Requirements for Crew and Space Flight Participants, 29425-29426 2013-11964 Noise Certification Standards for Subsonic Jet Airplanes and Subsonic Transport Category Large Airplanes, 29426 2013-11962 Passenger Facility Charge Application, 29425 2013-11959 Representatives of the Administrator, 29426-29427 2013-11991 Noise Compatibility Programs:

Chicago Midway International Airport, Chicago, IL, 29428-29429 2013-11931 Office of Commercial Space Transportation: Lockheed Martin Corp.; Reentry License for Orion Multi-Purpose Crew Vehicle from Earth Orbit to the Pacific Ocean, 29428 2013-11929 Petitions for Exemption; Summaries, 29429-29430 2013-11956 Federal Bureau Federal Bureau of Investigation NOTICES Charter Renewals: Criminal Justice Information Services Advisory Policy Board, 29382 2013-11908 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 29369-29370 2013-11879 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29359-29361 2013-11882 2013-11885 Applications: Winchendon Hydroelectric LLC, 29361-29362 2013-11881 Combined Filings, 29362-29363 2013-11901 2013-11902 Complaints: Exelon Corp., Exelon Wind 1, LLC, et al. v. Xcel Energy Services, Inc., et al., 29364 2013-11886 Independent Power Producers of New York, Inc. v.

New York Independent System Operator, Inc., 29364-29365 2013-11924 Seminole Electric Cooperative, Inc., and Florida Municipal Power Agency v. Duke Energy Florida, Inc., 29364 2013-11925 Continued Project Operation Authorizations: Nevada Irrigation District, 29365 2013-11883 Pacific Gas and Electric Co., 29365-29366 2013-11884 Filings: Green Mountain Power Corp., 29366 2013-11923 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: Wheelabrator Baltimore, LP, 29366 2013-11900 Preliminary Permit Applications:

Archon Energy 1, Inc., 29366-29367 2013-11926 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29430-29431 2013-11928 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Vision, 29431-29433 2013-11922 Federal Trade Federal Trade Commission PROPOSED RULES Textile Fiber Products Identification Act Rules and Regulations, 29263-29279 2013-10584 Fish Fish and Wildlife Service NOTICES Meetings:

Aquatic Nuisance Species Task Force; Public Teleconference/Webinar, 29378 2013-11955 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activity Authorization: Foreign-Trade Zone 4, Generac Power Systems, Inc., Whitewater, Edgerton, and Jefferson, WI, 29322 2013-11973 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Oil and Gas Leasing, Pike and San Isabel National Forests, Cimarron and Comanche National Grasslands, CO and KS, 29318-29321 2013-11909 Meetings:

Colorado Recreation Resource Advisory Committee, 29321 2013-11906 General Services General Services Administration RULES Federal Property Management Regulations: Administrative Wage Garnishment, 29245-29247 2013-11911 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See National Institutes of Health PROPOSED RULES Child Care and Development Fund Program, 29442-29498 2013-11673 Proposed Priorities, Requirements, Definitions, and Selection Criteria:

Race to the Top - Early Learning Challenge, 29500-29518 2013-11821 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29370-29371 2013-11949 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Protected Critical Infrastructure Information Office Self-Assessment Questionnaire, 29375-29376 2013-11866 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 29433 2013-11836 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 29323-29325 2013-11965 Silicon Metal from the People's Republic of China, 29322-29323 2013-11968 Antidumping Duty Investigations; Results, Extensions, Amendments, etc.: Prestressed Concrete Steel Rail Tie Wire from Mexico, the People's Republic of China, and Thailand, 29325-29331 2013-11970 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Federal Bureau of Investigation RULES Public Safety Officers' Benefits Program, 29233-29234 2013-11872 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Electronic Applications for the Attorney General's Honors Program and the Summer Law Intern Program, 29381 2013-11919 Labor Department Labor Department See Labor Statistics Bureau See Mine Safety and Health Administration Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29382-29384 2013-11834 2013-11889 Land Land Management Bureau NOTICES Appeal by the Governors of Utah and Wyoming of the Consistency Review Determination;

Director's Response, 29379-29380 2013-11994 Plats of Survey: Oregon/Washington, 29380 2013-11910 Mine Mine Safety and Health Administration NOTICES Petitions for Modification of Applications of Existing Mandatory Safety Standards, 29384-29386 2013-11887 NASA National Aeronautics and Space Administration NOTICES Government-Owned Inventions Available for Licensing, 29386-29388 2013-11939 2013-11940 2013-11941 2013-11942 2013-11943 2013-11944 2013-11945 2013-11946 Intent to Grant Exclusive Licenses, 29388-29390 2013-11936 2013-11937 2013-11938 2013-11947 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 29373-29374 2013-11853 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 29371-29372, 29374-29375 2013-11857 2013-11859 2013-11860 National Heart, Lung, and Blood Institute, 29375 2013-11854 National Institute of Allergy and Infectious Diseases, 29373 2013-11856 National Institute of Environmental Health Sciences, 29374 2013-11861 National Institute of Nursing Research, 29373 2013-11863 Office of the Director, National Institutes of Health, 29372-29373 2013-11864 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Alaska Plaice in the Bering Sea and Aleutian Islands Management Area; Closure, 29248 2013-11950 Revised Maximum Retainable Amounts of Groundfish; Bering Sea and Aleutian Islands, 29248-29257 2013-11953 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Western Alaska Community Development Quota Program, 29331 2013-11951 Applications for Exempted Fishing Permits: Atlantic Coastal Fisheries Cooperative Management Act Provisions; Horseshoe Crabs, 29331-29332 2013-11954 Meetings:

Western Pacific Fishery Management Council, 29332-29333 2013-11966 National Park National Park Service NOTICES National Register of Historic Places; Pending Nominations and Related Actions, 29380-29381 2013-11890 Nuclear Regulatory Nuclear Regulatory Commission RULES Physical Protection of Irradiated Reactor Fuel in Transit, 29520-29557 2013-11717 NOTICES Applications: SHINE Medical Technologies, Inc., 29390 2013-11933 Combined License Exemption Applications: Luminant Generation Co., LLC;

Comanche Peak Nuclear Power Plant, Units 3 and 4, 29391-29392 2013-11934 Draft Regulatory Issue Summaries: Embedded Digital Devices in Safety-Related Systems, Systems Important to Safety, and Items Relied on for Safety, 29392-29393 2013-11935 Facility Operating License Renewal Applications: University of Missouri, Columbia, 29393-29398 2013-11992 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29398-29399 2013-11891 2013-11893 2013-11894 Applications:

ERNY Financial ETF Trust and ERNY Financial Advisors, LLC, 29399-29406 2013-11892 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc, 29420-29422 2013-11899 Chicago Board Options Exchange, Inc., 29406-29408, 29422-29424 2013-11896 2013-11898 National Securities Clearing Corp., 29408-29410 2013-11918 New York Stock Exchange LLC; NYSE MKT LLC, 29406 2013-11878 NYSE Arca, Inc., 29411-29420 2013-11897 Small Business Small Business Administration NOTICES Disaster Declarations:

Illinois, 29424-29425 2013-11829 South Dakota, 29425 2013-11830 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditations and Approvals: Columbia Inspection, Inc., 29377-29378 2013-11849 Inspectorate America Corp., 29377 2013-11848 2013-11851 Quality Custom Inspections and Laboratories, LLC, 29376-29377 2013-11855 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Educational Assistance to Supplement Tuition Assistance, 29437 2013-11840 Application for Reinstatement (Insurance Lapsed More than 6 Months), and Application for Reinstatement (Non Medical - Comparative Health Statement), 29436 2013-11837 Availability of Educational, Licensing, and Certifications Records, 29435-29436 2013-11839 Dependent's Request for Change of Program or Place of Training, 29433-29434 2013-11844 HUD/VA Addendum to Uniform Residential Loan Application, 29436-29437 2013-11841 Loan Service Report, 29437-29438 2013-11838 Request for Details of Expenses, 29439 2013-11845 Request for Disinterment, 29438 2013-11843 Request for Nursing Home Information in Connection with Claim for Aid and Attendance, 29439-29440 2013-11842 Statement of Heirs for Payment of Credits Due Estate of Deceased Veteran, 29434 2013-11846 Statement of Purchaser or Owner Assuming Seller's Loans, 29435 2013-11907 Separate Parts In This Issue Part II Health and Human Services Department, 29442-29498 2013-11673 Part III Education Department, 29500-29518 2013-11821 Health and Human Services Department, 29500-29518 2013-11821 Part IV Nuclear Regulatory Commission, 29520-29557 2013-11717 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 78 97 Monday, May 20, 2013 Rules and Regulations DEPARTMENT OF JUSTICE 28 CFR Part 32 Public Safety Officers' Benefits Program AGENCY: Office of Justice Programs, Justice. ACTION: Final rule. SUMMARY: This order will amend regulations to revise delegations of authority for the review process for determinations regarding claims for benefits under the Public Safety Officers' Benefits Program.

The changes to the regulations are designed to increase efficiency, reduce duplication, and streamline the processing of claims. DATES: This rule takes effect on May 20, 2013. FOR FURTHER INFORMATION CONTACT: Hope Janke, Director, Public Safety Officers' Benefits Program, Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice, 810 7th Street NW., Washington, DC 20531; telephone:

(202)307-2858. SUPPLEMENTARY INFORMATION: The Public Safety Officers' Benefits

(PSOB)program provides death benefits, disability benefits, and educational assistance benefits to eligible public safety officers or their families when a death or disability occurs in the line of duty. The program, authorized and established by the PSOB Act in 1976, was designed to offer peace of mind to men and women seeking careers as public safety officers and to make a strong statement about the value that the nation places on their commitment to serve their communities in potentially dangerous circumstances. The Office of Justice Programs and Bureau of Justice Assistance

(BJA)are engaged in ongoing efforts to improve the performance of the PSOB program including an entirely paperless electronic case management system in order to improve the efficiency of claims processing. Additionally, BJA is ready to launch an effort to revise their claims process and streamline the documentation required of claimants. This rule represents one aspect of the streamlining efforts. Having the legal review function handled by the Department component authorized to administer the PSOB program will maintain that critical function while simplifying the claims administration process, eliminating duplicative efforts across components, and increasing overall programmatic efficiency. Federal Rulemaking Requirements A. Executive Order 12866 and 13563 This rule has been drafted and reviewed in accordance with Executive Order 12866, Regulatory Planning and Review. The Department of Justice has determined that this is not a “significant regulatory action” under section 3(f) of Executive Order 12866, and that it relates to a matter of agency organization, management, or personnel. *See* Executive Order 12866, 3(d)(3). Accordingly, this rule has not been reviewed by the Office of Management and Budget. B. Executive Order 13132 This regulation will not have substantial direct effects on the States, on the relationship between the federal Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, the Attorney General has determined that this rule will not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. C. Executive Order 12988 This rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform. D. Administrative Procedure Act This rule concerns matters relating to “grants, benefits, or contracts,” 5 U.S.C. 553(a)(2), and also relates to matters of agency management or personnel, and is therefore exempt from the usual requirements of prior notice and comment and a 30-day delay in the effective date. *See also* 5 U.S.C. 553(d). E. Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., does not apply because this rule is a rule of agency organization, procedure, and practice and therefore is not subject to notice-and-comment rulemaking requirements. *Id.* 553(b)(A). F. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. It will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based companies in domestic and export markets. G. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. H. Paperwork Reduction Act This rule does not impose any new reporting or recordkeeping requirements under the Paperwork Reduction Act. List of Subjects in 28 CFR Part 32 Administrative practice and procedure, Claims, Disability benefits, Education, Emergency medical services, Firefighters, Law enforcement officers, Reporting and recordkeeping requirements, Rescue squad. Accordingly, for the reasons set forth in the preamble, part 32 of title 28 of the Code of Federal Regulations is amended as follows: PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS 1. The authority citation for part 32 continues to read as follows: Authority: 42 U.S.C. ch. 46, subch. XII; 42 U.S.C. 3782(a), 3787, 3788, 3791(a), 3793(a)(4) &(b), 3795a, 3796c-1, 3796c-2; sec. 1601, title XI, Public Law 90-351, 82 Stat. 239; secs. 4 through 6, Public Law 94-430, 90 Stat. 1348; secs. 1 and 2, Public Law 107-37, 115 Stat. 219. 2. In § 32.3, the definition for “PSOB Office” is revised to read as follows: § 32.3 Definitions. *PSOB Office* means the unit of BJA that directly administers the Public Safety Officers' Benefits program. § 32.43 [Amended] 3. In § 32.43, remove paragraph (e). 4. In § 32.44, paragraph

(a)is revised to read as follows: § 32.44 Hearing Officer determination.

(a)Upon his determining a claim, the Hearing Officer shall file a notice of the same simultaneously with the Director (for his review under subpart F of this part in the event of approval) and the PSOB Office, which notice shall specify the factual findings and legal conclusions that support it. Dated: May 9, 2013. Mary Lou Leary, Acting Assistant Attorney General. [FR Doc. 2013-11872 Filed 5-17-13; 8:45 am]

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