41716 Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Proposed Rules 

(ii) Multiplying the result of section 

10(d)(2)(i) by the applicable Fresh Fruit 

Factor located in the Special Provisions; 

and 

(iii) Adding the result of section 

10(d)(2)(ii) to the result of section 

10(d)(1)(ii). 

(e) Notwithstanding section 10(d), for 

citrus fruit insured as fresh that do not 

have a default juice content or a Fresh 

Fruit Factor provided in the Special 

Provisions, any individual citrus fruit 

not meeting the United States standards 

for packing as fresh fruit due to an 

insured cause of loss, will be considered 

100 percent damaged. 

* * * * * 

Signed in Washington, DC, on July 10, 

2012. 

William J. Murphy, 

Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. 2012–17235 Filed 7–13–12; 8:45 am] 

BILLING CODE 3410–08–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 1 and 2 

[Docket No. APHIS–2011–0003] 

RIN 0579–AC36 

Animal Welfare; Retail Pet Stores and 

Licensing Exemptions 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: We are extending the 

comment period for our proposed rule 

that would revise the definition of retail 

pet store and related regulations to bring 

more pet animals sold at retail under the 

protection of the Animal Welfare Act 

(AWA). We are also announcing the 

availability of a revised factsheet 

regarding our proposal. These actions 

will allow interested persons additional 

time to prepare and submit comments. 

DATES: We will consider all comments 

that we receive on or before August 15, 

2012. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/

#!documentDetail;D=APHIS-2011-0003. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2011–0003, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http://www.

regulations.gov/#!docketDetail;

D=APHIS-2011-0003 or in our reading 

room, which is located in room 1141 of 

the USDA South Building, 14th Street 

and Independence Avenue SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 799–7039 before 

coming. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Gerald Rushin, Veterinary Medical 

Officer, Animal Care, APHIS, 4700 River 

Road Unit 84, Riverdale, MD 20737– 

1231; (301) 851–3740. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 16, 2012, we published in the 

Federal Register (77 FR 28799–28805, 

Docket No. APHIS–2011–0003) a 

proposal to revise the definition of retail 

pet store and related regulations to bring 

more pet animals sold at retail under the 

protection of the Animal Welfare Act 

(AWA). 

‘‘Retail pet stores’’ are not required to 

obtain a license under the AWA or 

comply with the AWA regulations and 

standards. Currently, anyone selling, at 

retail, the following animals for use as 

pets are considered retail pet stores: 

Dogs, cats, rabbits, guinea pigs, 

hamsters, gerbils, rats, mice, gophers, 

chinchilla, domestic ferrets, domestic 

farm animals, birds, and cold-blooded 

species. 

Under the proposed rule, ‘‘retail pet 

store’’ status would not apply to such 

retailers if buyers do not physically 

enter the seller’s place of business or 

residence in order to personally observe 

the animals available for sale prior to 

purchase and/or to take custody of the 

animals after purchase. Unless 

otherwise exempt under the regulations, 

these entities would be required to 

obtain a license from APHIS and would 

become subject to the requirements of 

the AWA. The proposed rule would 

exempt from regulation anyone who 

sells or negotiates the sale or purchase 

of any animal, except wild or exotic 

animals, dogs, or cats, and who derives 

no more than $500 gross income from 

the sale of such animals. In addition, the 

proposed rule would increase from 

three to four the number of breeding 

female dogs, cats, and/or small exotic or 

wild mammals that a person may 

maintain on his or her premises and be 

exempt from licensing and inspection if 

he or she sells only the offspring of 

those animals born and raised on his or 

her premises for use as pets or 

exhibition, regardless of whether those 

animals are sold at retail or wholesale. 

Comments on the proposed rule were 

required to be received on or before July 

16, 2012. We are extending the 

comment period on Docket No. APHIS– 

2011–0003 for an additional 30 days. 

This action will allow interested 

persons additional time to prepare and 

submit comments. 

We are also announcing the 

availability of a revised factsheet to 

clarify our proposed actions. The 

revised factsheet is available on the Web 

at http://www.aphis.usda.gov/

publications/animal_welfare/2012/

retail_pets_faq.pdf. 

Authority: 7 U.S.C. 2131–2159; 7 CFR 2.22, 

2.80, and 371.7. 

Done in Washington, DC, this 11th day of 

July 2012. 

Edward Avalos, 

Under Secretary for Marketing and Regulatory 

Programs. 

[FR Doc. 2012–17283 Filed 7–13–12; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

29 CFR Part 2550 

RIN 1210–AB54 

Amendment Relating to Reasonable 

Contract or Arrangement Under 

Section 408(b)(2)—Fee Disclosure/Web 

Page 

AGENCY: Employee Benefits Security 

Administration, Labor. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule is a 

companion to the Department of Labor 

(Department) Employee Benefits 

Security Administration’s direct final 

rule (published today in the ‘‘Rules and 

Regulations’’ section of the Federal 

Register) amending the Department’s 

fiduciary-level fee disclosure regulation 

under section 408(b)(2) of the Employee 

Retirement Income Security Act of 1974 

(ERISA) to revise the mailing address 

and enhance the web-based submission 

procedure for notices filed under the 

regulation’s fiduciary class exemption 

provision. 

The Department is publishing this 

amendment as a direct final rule 

without prior proposal because the 

Department views this as highly 

technical and anticipates no significant 

adverse comment. The Department has 

explained its reasons in the preamble to 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Proposed Rules 41717 

the direct final rule. If the Department 

receives no significant adverse comment 

during the comment period, no further 

action on this proposed rule will be 

taken. If, however, the Department 

receives significant adverse comment, 

the Department will withdraw the direct 

final rule and it will not take effect. In 

that case, the Department will address 

all public comments in a subsequent 

final rule based on this proposed rule. 

The Department will not institute a 

second comment period on this rule. 

Any parties interested in commenting 

must do so during this comment period. 

DATES: Comments must be received on 

or before August 15, 2012. 

ADDRESSES: Written comments may be 

submitted to the addresses specified 

below. All comments will be made 

available to the public. Warning: Do not 

include any personally identifiable 

information (such as name, address, or 

other contact information) or 

confidential business information that 

you do not want publicly disclosed. All 

comments may be posted on the Internet 

and can be retrieved by most Internet 

search engines. Comments may be 

submitted anonymously. 

Comments, identified by RIN 1210– 

AB54, may be submitted by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: e-ORI@dol.gov. 

• Mail or Hand Delivery: Office of 

Regulations and Interpretations, 

Employee Benefits Security 

Administration, Room N–5655, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Washington, DC 20210, 

Attention: RIN 1210–AB54; Class 

Exemption Notice—Web Submission. 

Comments received by the 

Department of Labor may be posted 

without change to http://www.

regulations.gov and http://www.dol.gov/ 

ebsa, and will be made available for 

public inspection at the Public 

Disclosure Room, N–1513, Employee 

Benefits Security Administration, 200 

Constitution Avenue NW., Washington, 

DC 20210. 

FOR FURTHER INFORMATION CONTACT: 

Allison Wielobob, Office of Regulations 

and Interpretations, Employee Benefits 

Security Administration, (202) 693– 

8500. This is not a toll-free number. 

SUPPLEMENTARY INFORMATION: As noted 

above, in the ‘‘Rules and Regulations’’ 

section of today’s Federal Register, the 

direct final rule being published makes 

technical changes to the Department’s 

existing fiduciary-level fee disclosure 

regulation under ERISA section 

408(b)(2) (the ‘‘408(b)(2) regulation’’). 

The 408(b)(2) regulation includes a class 

exemption provision (in paragraph 

(c)(1)(ix)) pursuant to which ‘‘innocent’’ 

responsible plan fiduciaries may obtain 

relief when they unknowingly receive 

incomplete or incorrect disclosures from 

a covered service provider. In certain 

circumstances, the responsible plan 

fiduciary, in order to obtain relief, must 

file a notice with the Department of 

Labor concerning the covered service 

provider’s failure (paragraph 

(c)(1)(ix)(C)). The final rule provides 

that notices may be sent to a 

Departmental mailing address or 

submitted electronically to a specified 

email address (paragraph (c)(1)(ix)(F)). 

The direct final rule amends this 

paragraph of the 408(b)(2) regulation to 

provide that notices may be sent to a 

revised Departmental mailing address 

or, in lieu of the previously furnished 

email address, pursuant to separate 

instructions provided by the 

Department. Such instructions will 

enable submission through a dedicated 

link on the Department’s Web site, at 

www.dol.gov/ebsa/regs/

feedisclosurefailurenotice.html. The 

amendment proposed by this notice is 

the same as the amendment contained 

in the direct final rule. Please refer to 

the preamble and regulatory text of the 

direct final rule for further information 

and the actual text of the amendment. 

Additionally, all information regarding 

Statutory and Executive Orders for this 

proposed rule can be found in the 

SUPPLEMENTARY INFORMATION section of 

the direct final rule. 

Signed at Washington, DC, this 2nd day of 

July 2012. 

Phyllis C. Borzi, 

Assistant Secretary, Employee Benefits 

Security Administration, Department of 

Labor. 

[FR Doc. 2012–17012 Filed 7–13–12; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0394] 

RIN 1625–AA11 

Regulated Navigation Area; Original 

Waldo-Hancock Bridge Removal, 

Penobscot River, Bucksport, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a regulated navigation area 

(RNA) on the navigable waters of the 

Penobscot River near Bucksport, ME, 

under and surrounding the original 

Waldo-Hancock Bridge in order to 

facilitate the removal of the center span. 

This NPRM is necessary to provide for 

the safety of life on the navigable waters 

during bridge deconstruction operations 

that could pose an imminent hazard to 

vessels operating in the area. This rule 

would implement certain safety 

measures, including speed restrictions 

and the temporary suspension of vessel 

traffic during removal operations. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 15, 2012. Requests for 

public meetings must be received by the 

Coast Guard on or before July 23, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0394 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except federal 

holidays. The telephone number is 202– 

366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Ensign Elizabeth V. Morris, 

Waterways Management Division at 

Coast Guard Sector Northern New 

England, telephone 207–741–5440, 

email Elizabeth.V.Morris@uscg.mil; or 

Lieutenant Isaac M. Slavitt, Waterways 

Management at Coast Guard First 

District, telephone 617–223–8385, email 

Isaac.M.Slavitt@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

ACOE Army Corps of Engineers 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

MEDOT Maine Department of 

Transportation 

NPRM Notice of Proposed Rulemaking 

RNA Regulated Navigation Area 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS