Unknown. Final rule

3,046 words·~14 min read·/register/2013/08/05/2013-18844

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--- schema: federal-register doc_type: fedreg source_file: FR-2013-08-05.xml --- 78 150 Monday, August 5, 2013 Contents Agricultural Research Agricultural Research Service NOTICES Exclusive Licenses, 47272 2013-18847 Agriculture Agriculture Department See Agricultural Research Service See Animal and Plant Health Inspection Service See Farm Service Agency See Federal Crop Insurance Corporation See Food and Nutrition Service NOTICES Environmental Assessments; Availability, etc.:

Kika de la Garza Subtropical Agricultural Research Center Land Transfer, 47271-47272 2013-18845 Animal Animal and Plant Health Inspection Service PROPOSED RULES Petition to Amend Animal Welfare Act Regulations: Prohibit Public Contact with Big Cats, Bears, and Nonhuman Primates, 47215-47217 2013-18874 NOTICES Plant Pest Risk Assessments and Environmental Assessments: Monsanto Co.; Nonregulated Status of Soybean Genetically Engineered for Increased Yield, 47272-47273 2013-18876 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Claims under the Federal Tort Claims Act:

Loss of or Damage to Property or for Personal Injury or Death, 47153-47154 2013-18844 NOTICES Privacy Act; Systems of Records, 47306-47307 2013-18848 Centers Disease Centers for Disease Control and Prevention NOTICES Fee Schedules: Reference Biological Standards and Biological Preparations, 47319 2013-18767 Meetings: Office for State, Tribal, Local and Territorial Support, 47319-47320 2013-18788 Preventing Skin Cancer through Reduction of UV Exposure, 47320 2013-18766 Civil Rights Civil Rights Commission NOTICES Meetings:

Minnesota Advisory Committee, 47274-47275 2013-18805 Coast Guard Coast Guard RULES Drawbridge Operations: Albemarle Sound to Sunset Beach, Atlantic Intracoastal Waterway, Wrightsville Beach, NC, 47191 2013-18740 PROPOSED RULES Drawbridge Operations: Umpqua River, Reedsport, OR, 47242-47245 2013-18741 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47275 2013-18818 Commodity Futures Commodity Futures Trading Commission RULES Core Principles and Other Requirements for Swap Execution Facilities;

Correction, 47154 2013-18773 Comptroller Comptroller of the Currency PROPOSED RULES Proposed Supervisory Guidance: Company-Run Stress Tests for Banking Organizations with Total Consolidated Assets of More Than $10 Billion But Less Than $50 Billion, 47217-47228 2013-18716 Copyright Office Copyright Office, Library of Congress NOTICES Final Orders: Scope of the Copyright Royalty Judges Authority to Adopt Confidentiality Requirements upon Copyright Owners within a Voluntarily Negotiated License Agreement, 47421-47424 2013-18672 Defense Department Defense Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 47307-47308 2013-18732 Privacy Act; Systems of Records, 47308-47310 2013-18772 2013-18777 Delaware Delaware River Basin Commission PROPOSED RULES Water Quality Regulations, Water Code and Comprehensive Plan; Amendments: Human Health Water Quality Criteria; PCBs in Zones 2 through 6 of the Delaware Estuary Bay, 47241-47242 2013-18810 Drug Drug Enforcement Administration NOTICES Decisions and Orders: Tyson D. Quy, M.D., 47412-47419 2013-18712 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality Designations: 2010 Sulfur Dioxide

(SO2)Primary National Ambient Air Quality Standard, 47191-47205 2013-18835 National Oil and Hazardous Substances Pollution Contingency Plan: National Priorities List; Direct Deletion of the Imperial Refining Company Superfund Site, 47205-47210 2013-18875 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Maine; Oxides of Nitrogen Exemption and Ozone Transport Region Restructuring, 47253-47259 2013-18831 Virginia; Infrastructure Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standards, 47264-47267 2013-18705 Washington; Thurston County Second 10-Year PM10 Limited Maintenance Plan, 47259-47264 2013-18843 National Oil and Hazardous Substances Pollution Contingency Plan: National Priorities List; Deletion of the Imperial Refining Company Superfund Site, 47267-47268 2013-18855 NOTICES Requests for Nominations: National Advisory Council for Environmental Policy and Technology, 47316-47317 2013-18692 Settlements: Ore Knob Mine Superfund Site, Laurel Springs, Ashe County, NC, 47317 2013-18871 Export Import Export-Import Bank NOTICES Economic Impact Analyses, 47317 2013-18809 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Inventory Property Management, 47273-47274 2013-18690 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Eurocopter France (Eurocopter) Model Helicopters, 47230-47233 2013-18854 General Electric Company Turbofan Engines, 47235-47237 2013-18794 The Boeing Company Airplanes, 47233-47235 2013-18800 Thielert Aircraft Engines GmbH Reciprocating Engines, 47228-47230 2013-18797 Amendment of Class E Airspace: Chariton, IA, 47237-47238 2013-18863 Wadena, MN, 47238-47239 2013-18861 Washington, KS, 47239-47241 2013-18868 NOTICES Meetings: RTCA Special Committee 214/EUROCAE WG-78: Standards for Air Traffic Data Communication Services, 47480 2013-18858 Federal Communications Federal Communications Commission RULES Connect America Fund, 47211-47212 2013-18711 Federal Crop Federal Crop Insurance Corporation PROPOSED RULES Common Crop Insurance Regulations: Extra Long Staple Cotton Crop Provisions, 47214-47215 2013-18821 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Proposed Supervisory Guidance: Company-Run Stress Tests for Banking Organizations with Total Consolidated Assets of More Than $10 Billion But Less Than $50 Billion, 47217-47228 2013-18716 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47329-47330 2013-18791 Flood Hazard Determinations, 47330-47334 2013-18789 Major Disaster Declarations: New York; Amendment No. 1, 47334 2013-18808 New York; Amendment No. 10, 47334-47335 2013-18793 New York; Amendment No. 2, 47334 2013-18790 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47310-47311 2013-18745 Applications for License Transfers: Ohio Power Co., AEP Generation Resources, Inc., 47311 2013-18747 Combined Filings, 47311-47313 2013-18781 2013-18806 Environmental Assessments; Availability, etc.: DCP Midstream, LP, Proposed Lucerne Residue Pipeline Project, 47313-47315 2013-18746 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: Solar Partners VIII, LLC, 47315 2013-18784 South Jersey Energy ISO4, LLC, 47315-47316 2013-18782 South Jersey Energy ISO5, LLC, 47315 2013-18783 Federal Highway Federal Highway Administration NOTICES Funding Availability: Tribal Transportation Program Safety Funds, 47480-47486 2013-18769 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings; Sunshine Act, 47486 2013-18916 Federal Railroad Federal Railroad Administration NOTICES Safety Advisories: Joint Failure on Continuous Welded Rail Track, 47486-47487 2013-18787 Federal Reserve Federal Reserve System PROPOSED RULES Proposed Supervisory Guidance: Company-Run Stress Tests for Banking Organizations with Total Consolidated Assets of More Than $10 Billion But Less Than $50 Billion, 47217-47228 2013-18716 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 47317 2013-18924 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47317-47319 2013-18718 Federal Transit Federal Transit Administration NOTICES Proposed Buy America Waivers, 47487-47488 2013-18814 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Proposed Revision to Nonessential Experimental Population of Mexican Wolf (Canis lupus baileyi); Intent to Prepare Environmental Impact Statement, 47268-47270 2013-18823 Food and Drug Food and Drug Administration RULES Food Labeling: Gluten-Free Labeling of Foods, 47154-47179 2013-18813 NOTICES Determination that Products Were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: CYTOXAN (Cyclophosphamide) for Injection, 47321-47322 2013-18731 Food and Nutrition Food and Nutrition Service NOTICES National School Lunch, Special Milk, and School Breakfast Programs: National Average Payments/Maximum Reimbursement Rates, 47274 C1--2013--17990 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 47489-47494 2013-18796 2013-18803 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES National Practitioner Data Bank and Privacy Act: Exempt Records System; Technical Correction, 47210-47211 2013-18598 Health Resources Health Resources and Services Administration NOTICES Privacy Act; Systems of Records, 47322-47326 2013-18599 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Housing Contracting with Resident Owned Business; Application Requirements, 47335-47336 2013-18804 Section 811 Project Rental Assistance for Persons with Disabilities, 47335 2013-18801 Privacy Act; Computer Matching Program, 47336-47339 2013-18795 Proposed Fair Market Rents: Housing Choice Voucher Program, Moderate Rehabilitation Single Room Occupancy Program and Other Programs; Fiscal Year 2014, 47339-47408 2013-18792 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Drill Pipe from the People's Republic of China, 47275-47276 2013-18856 Countervailing Duty Orders; Results, Extensions, Amendments, etc.: Polyethylene Terephthalate Film, Sheet, and Strip from India, 47276-47277 2013-18834 International Trade Com International Trade Commission NOTICES Investigations; Terminations, Modifications and Rulings, etc.: Certain Wireless Devices, Including Mobile Phones and Tablets, 47410-47411 2013-18735 Justice Department Justice Department See Drug Enforcement Administration NOTICES Consent Decree under the Clean Water Act, Emergency Planning and Community Right-to-Know Act, Oil Pollution Act, 47411-47412 2013-18812 Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Oil and Gas Leasing and Development on Public Lands and Federal Mineral Estate and Potentially Amend the Hollister Resource Management Plan, CA, 47408-47409 2013-18839 Meetings: California Desert District Advisory Council, 47409 2013-18853 Central California Resource Advisory Council; Video Teleconference, 47409-47410 2013-18852 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration NOTICES Partially Exclusive Licenses, 47424 2013-18668 National Archives National Archives and Records Administration PROPOSED RULES Records Subject to Freedom of Information Act, 47245-47253 2013-18872 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47424-47426 2013-18743 2013-18744 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47488-47489 2013-18870 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Community Evaluation of the National Diabetes Education Program's Diabetes HealthSense Website, 47326-47327 2013-18820 Meetings: Center for Scientific Review, 47327 2013-18722 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 47328 2013-18725 2013-18726 National Arthritis and Musculoskeletal and Skin Diseases Advisory Council, 47327-47328 2013-18724 National Center for Complementary and Alternative Medicine, 47328-47329 2013-18723 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 2013 Commercial Accountability Measure and Closure for South Atlantic Snowy Grouper, 47212-47213 2013-18817 NOTICES Listing Endangered or Threatened Species: 12-Month Finding on a Petition to Delist the Southern Resident Killer Whale, 47277-47282 2013-18824 Takes of Marine Mammals Incidental to Specified Activities: Marine Seismic Survey, Chukchi Sea, Alaska, 47496-47526 2013-18822 Navy Research, Development, Test and Evaluation Activities at the Naval Surface Warfare Center Panama City Division, 47282-47306 2013-18785 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Gateway National Recreation Area, New Jersey and New York, 47410 2013-18862 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemptions and Combined License Amendments; Issuances: South Carolina Electric and Gas Virgil C. Summer Nuclear Station, Units 2 and 3, 47426-47427 2013-18849 License Applications: AUC, LLC Reno Creek In Situ Leach Uranium Recovery Project, 47427-47431 2013-18811 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters: Subpart I for Recordkeeping and Reporting Requirements, 47180-47191 2013-18457 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47419-47420 2013-18807 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 47431-47432 2013-18819 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47432-47433 2013-18764 Applications: ERNY Financial ETF Trust, et al., 47440-47448 2013-18763 GENCAP Strategies LLC, et al., 47433-47439 2013-18762 Meetings; Sunshine Act, 47448-47449 2013-18933 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange LLC, 47463-47465, 47476-47478 2013-18751 2013-18759 C2 Options Exchange, Inc., 47452-47453 2013-18748 Chicago Board Options Exchange, Inc., 47469-47471 2013-18752 Fixed Income Clearing Corp., 47453-47455 2013-18756 Miami International Securities Exchange LLC, 47457-47459 2013-18758 NASDAQ OMX BX, Inc., 47471-47474 2013-18750 New York Stock Exchange LLC, 47474-47476 2013-18754 NYSE Arca, Inc., 47455-47456, 47467-47469 2013-18755 2013-18760 NYSE MKT LLC, 47450-47451, 47465-47467 2013-18753 2013-18757 Options Clearing Corp., 47449-47450 2013-18761 The NASDAQ Stock Market LLC, 47459-47463 2013-18749 Trading Suspension Orders: Zenergy International, Inc., 47478-47479 2013-18917 State Department State Department RULES International Traffic in Arms Regulations: Libya and UNSCR 2095, 47179-47180 2013-18940 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nonimmigrant Treaty Trader/Investor Application, 47479 2013-18867 Waivers of Restrictions on Assistance: Central Government of Tajikistan, 47479 2013-18859 Central Government of Turkmenistan, 47479-47480 2013-18864 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 47496-47526 2013-18822 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. 78 150 Monday, August 5, 2013 Rules and Regulations BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1076 Claims Under the Federal Tort Claims Act for Loss of or Damage to Property or for Personal Injury or Death AGENCY: Bureau of Consumer Financial Protection. ACTION: Final rule. SUMMARY: The Bureau of Consumer Financial Protection is adopting a procedural rule that sets forth the procedures for filing, processing, and paying awards based on administrative claims under the Federal Tort Claims Act for money damages for loss of or injury to property, or for personal injury or death, caused by the negligent or wrongful act or omission of any employee of the Bureau while acting within the scope of the employee's office or employment. DATES: The rule is effective on August 5, 2013. FOR FURTHER INFORMATION CONTACT: Margaret H. Plank, Senior Counsel, General Law and Ethics, Legal Division, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552, 202-435-7623. SUPPLEMENTARY INFORMATION: I. Background and Summary of the Rule The Federal Tort Claims Act (FTCA), as amended, 28 U.S.C. 2671-2680, and the regulations issued by the Department of Justice

(DOJ)contained in 28 CFR part 14, authorize the head of the Bureau or designee to consider, ascertain, adjust, determine, compromise, and settle claims for money damages against the United States for personal injury, death, or property loss or damage caused by the negligent or wrongful act or omission of any employee of the Bureau while acting within the scope of the employee's office or employment, under circumstances where the United States, if it were a private person, would be liable, in accordance with the law of the place where the act or omission occurred. This rule (Final Rule) establishes the Bureau's procedures for filing and processing any such claims. Under the Final Rule, a claimant may present a covered claim to the Bureau by submitting a completed claim form and appropriate supporting information and evidence to the Bureau's General Counsel. The Final Rule authorizes the Bureau's General Counsel and members of the Legal Division designated by the General Counsel to consider and attempt to resolve claims. If the General Counsel or the General Counsel's designee disallows a claim, the General Counsel or designee will notify the claimant in writing. II. Legal Authority and Effective Date This Final Rule is issued under the FTCA, as amended, which authorizes the Attorney General to prescribe regulations for the administrative adjustment of claims by Federal agencies. 28 U.S.C. 2672. The Attorney General, in turn, has authorized each Federal agency to issue regulations and establish procedures consistent with 28 CFR part 14. 28 CFR 14.11. The Final Rule is procedural and not substantive and, thus, is not subject to the 30-day delay in effective date required by 5 U.S.C. 553(d). The Bureau is making the Final Rule effective immediately upon publication in the **Federal Register** . III. Regulatory Requirements The Final Rule constitutes a Bureau rule of organization, procedure, or practice that is exempt from notice and public comment pursuant to 5 U.S.C. 553(b). Because notice of proposed rulemaking is not required, the Final Rule is not a “rule” as defined by the Regulatory Flexibility Act and the provisions of that statute do not apply. 5 U.S.C. 601(2). The Final Rule does not contain any new or revised information collection requirements that require the approval of the Office of Management and Budget

(OMB)under the Paperwork Reduction Act. 44 U.S.C. 3501 *et seq.* The U.S. Department of Justice has previously obtained OMB approval for the Standard Form 95 and it is assigned the OMB control number 1105-0008. Please note that, notwithstanding any other provision of law, the Bureau may not conduct and persons are not required to respond to a collection of information unless it displays a currently valid OMB control number. List of Subjects in 12 CFR Part 1076 Claims against the government, Government employees, Money damages. Authority and Issuance For the reasons set forth above, the CFPB amends Chapter X in Title 12 of the Code of Federal Regulations by adding a new part 1076 to read as follows: CHAPTER X—BUREAU OF CONSUMER FINANCIAL PROTECTION PART 1076—CLAIMS AGAINST THE UNITED STATES Sec. 1076.101 Claims against a Bureau employee based on negligence, wrongful act or omission. Authority: 12 U.S.C. 5492(a)(1), (11); 28 U.S.C. 2672; 28 CFR 14.11. § 1076.101 Claims against a Bureau employee based on negligence, wrongful act or omission.

(a)*Procedure for filing claims.* A claimant, or the claimant's duly authorized agent or legal representative may present a claim against a Bureau employee based on negligence, or wrongful act or omission, as specified in 28 CFR 14.3. Claimant or claimant's duly authorized agent or legal representative must file with the General Counsel of the Bureau a completed Claim for Damage or Injury ( *Standard Form 95* ), together with appropriate evidence and information, as specified in 28 CFR 14.4. Standard Form 95 may be obtained at *http://www.justice.gov/civil/docs_forms./SF-95.pdf,* or from the CFPB. Claimants also may submit a claim in the form of a letter or any other writing, a written statement, an audio file, a Braille or electronic document, and/or a video, as long as the submission contains all of the requirements of an administrative claim specified in 28 CFR part 14. Claims should be mailed or delivered to the General Counsel, Legal Division, CFPB, 1700 G Street NW., Washington, DC 20552, or emailed to *CFPB_tortclaims@cfpb.gov.*

(b)*Determination of claims* —(1) *Delegation of authority to determine claims.* The General Counsel, and such employees of the Legal Division as the General Counsel may designate are authorized to consider, ascertain, adjust, determine, compromise, and settle claims pursuant to the FTCA, as amended, and the regulations contained in 28 CFR part 14 and in this section.

(2)*Disallowance of claims.* If the General Counsel, or the General Counsel's designee, denies a claim, the General Counsel or designee shall notify the claimant, or the claimant's duly authorized agent or legal representative. Dated: July 11, 2013. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2013-18844 Filed 8-2-13; 8:45 am]

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