[Federal Register Volume 73, Number 233 (Wednesday, December 3, 2008)]
[Contents]
[Pages I-VI]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]



 ___________________________________________________________
 
 
FEDERAL REGISTER
 

  Federal Register / Vol. 73, No. 233 / Wednesday, December 3, 
2008 / Contents   


  Federal Register / Vol. 73, No. 233 / Wednesday, December 3, 
2008 / Contents   

  Wednesday
 Dec. 3, 2008
 Pages 73545-73760

[[Page i]]

      9

[[Page ii]]

    The FEDERAL REGISTER (ISSN 0097-6326) is published daily, Monday 
  through Friday, except official holidays, by the Office of the Federal 
  Register, National Archives and Records Administration, Washington, DC 
  20408, under the Federal Register Act (44 U.S.C. Ch. 15) and the 
  regulations of the Administrative Committee of the Federal Register (1 
  CFR Ch. I). The Superintendent of Documents, U.S. Government Printing 
  Office, Washington, DC 20402 is the exclusive distributor of the 
  official edition. Periodicals postage is paid at Washington, DC.

    The FEDERAL REGISTER provides a uniform system for making available 
  to the public regulations and legal notices issued by Federal 
  agencies. These include Presidential proclamations and Executive 
  Orders, Federal agency documents having general applicability and 
  legal effect, documents required to be published by act of Congress, 
  and other Federal agency documents of public interest.

    Documents are on file for public inspection in the Office of the 
  Federal Register the day before they are published, unless the issuing 
  agency requests earlier filing. For a list of documents currently on 
  file for public inspection, see www.federalregister.gov.

    The seal of the National Archives and Records Administration 
  authenticates the Federal Register as the official serial publication 
  established under the Federal Register Act. Under 44 U.S.C. 1507, the 
  contents of the Federal Register shall be judicially noticed.

    The Federal Register is published in paper and on 24x microfiche. It 
  is also available online at no charge as one of the databases on GPO 
  Access, a service of the U.S. Government Printing Office.

    The online edition of the Federal Register www.gpoaccess.gov/nara, 
  available through GPO Access, is issued under the authority of the 
  Administrative Committee of the Federal Register as the official legal 
  equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 
  CFR 5.10). It is updated by 6 a.m. each day the Federal Register is 
  published and includes both text and graphics from Volume 59, Number 1 
  (January 2, 1994) forward.

    For more information about GPO Access, contact the GPO Access User 
  Support Team, call toll free 1-888-293-6498; DC area 202-512-1530; fax 
  at 202-512-1262; or via e-mail at [email protected]. The Support Team 
  is available between 7:00 a.m. and 9:00 p.m. Eastern Time, Monday-
  Friday, except official holidays.

    The annual subscription price for the Federal Register paper edition 
  is $749 plus postage, or $808, plus postage, for a combined Federal 
  Register, Federal Register Index and List of CFR Sections Affected 
  (LSA) subscription; the microfiche edition of the Federal Register 
  including the Federal Register Index and LSA is $165, plus postage. 
  Six month subscriptions are available for one-half the annual rate. 
  The prevailing postal rates will be applied to orders according to the 
  delivery method requested. The price of a single copy of the daily 
  Federal Register, including postage, is based on the number of pages: 
  $11 for an issue containing less than 200 pages; $22 for an issue 
  containing 200 to 400 pages; and $33 for an issue containing more than 
  400 pages. Single issues of the microfiche edition may be purchased 
  for $3 per copy, including postage. Remit check or money order, made 
  payable to the Superintendent of Documents, or charge to your GPO 
  Deposit Account, VISA, MasterCard, American Express, or Discover. Mail 
  to: U.S. Government Printing Office--New Orders, P.O. Box 979050, St. 
  Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-
  512-1800; or go to the U.S. Government Online Bookstore site, see 
  bookstore.gpo.gov.

    There are no restrictions on the republication of material appearing 
  in the Federal Register.

    How To Cite This Publication: Use the volume number and the page 
  number. Example: 73 FR 12345.

    Postmaster: Send address changes to the Superintendent of Documents, 
  Federal Register, U.S. Government Printing Office, Washington, DC 
  20402, along with the entire mailing label from the last issue 
  received.

                                    
                                    
    

  SUBSCRIPTIONS AND COPIES
  ----------------------------------------------------------------
  PUBLIC
    Subscriptions:
      Paper or fiche                                      202-512-1800
      Assistance with public subscriptions                202-512-1806
  General online information                          202-512-1530; 1-
                                                          888-293-6498
    Single copies/back copies:
      Paper or fiche                                      202-512-1800
      Assistance with public single copies              1-866-512-1800
                                                           (Toll-Free)
  FEDERAL AGENCIES
    Subscriptions:
      Paper or fiche                                      202-741-6005
      Assistance with Federal agency subscriptions        202-741-6005

 
 
 
                  CONTENTS
 
 

  Federal Register / Vol. 73, No. 233 / Wednesday, December 3, 2008 / 
Contents  

[[Page iii]]




Agriculture Department
See  Commodity Credit Corporation
See  Rural Housing Service


Centers for Medicare & Medicaid Services
RULES
Medicaid Program:
    State Flexibility for Medicaid Benefit Packages, 73694-73727
NOTICES
Medicare Program:
    Hospital Inpatient Prospective Payment Systems and Fiscal Year 2009 
            Rates; Fiscal Year 2009 Wage Index Changes etc., 73656-
            73659


Commerce Department
See  Industry and Security Bureau
See  International Trade Administration
See  National Oceanic and Atmospheric Administration


Commodity Credit Corporation
PROPOSED RULES
Technical Assistance for Specialty Crops, 73617-73618


Defense Department
See  Navy Department
PROPOSED RULES
National Security Personnel System, 73606-73617
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals:
    Federal Acquisition Regulation; Organization and Direction of Work, 
            73639
    Federal Acquisition Regulation; Overtime, 73638-73639
    Federal Acquisition Regulations; Material and Workmanship, 73639-
            73640


Drug Enforcement Administration
RULES
Import and Production Quotas for Certain List I Chemicals, 73549-73556


Employment and Training Administration
NOTICES
State Unified Plans and Unified Plan Modifications, 73730-73759


Energy Department
See  Federal Energy Regulatory Commission


Environmental Protection Agency
RULES
Approvals and Promulgations of Implementation Plans:
    Texas, 73562-73580
Pesticide Tolerances:
    Chlorothalonil, 73580-73586
    Glyphosate, 73586-73592
PROPOSED RULES
Formaldehyde Emissions from Pressed Wood Products, 73620-73629
National Emission Standards for Halogenated Solvent Cleaning, 73631-
          73632
Performance Specification and Quality Assurance Requirements for 
          Continuous Parameter Monitoring Systems and Amendments to 
          Standards of Performance, 73629-73630
Pesticide Tolerances:
    Chlorothalonil, 73632-73637
NOTICES
Filings:
    Pesticide Petitions for Residues of Pesticide Chemicals in or on 
            Various Commodities, 73640-73652
Meetings:
    Exposure Modeling, 73652
Pesticide Products; Registration Applications, 73652-73653
Terminate Uses; Amendments:
    Malathion, 73653-73655


Export-Import Bank
NOTICES
Meetings; Sunshine Act, 73655


Federal Aviation Administration
RULES
Airworthiness Directives:
    McDonnell Douglas Model DC-9-10, DC-9-20, DC-9-30, DC 9-40, and DC 
            9-50 Series Airplanes, etc., 73545-73547
PROPOSED RULES
Airworthiness Directives:
    Viking Air Limited Models DHC-6-1, DHC-6-100, DHC-6-200, and DHC-6-
            300 Airplanes, 73618-73620
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals:
    Agricultural Aircraft Operator Certificate Application, 73687-73688
    Air Carriers Listing of Leading Outsource Maintenance Providers, 
            73688
    Washington, DC Metropolitan Area Special Flight Rules, 73688-73689
Quitclaim Deed Agreements:
    Kay Larkin Field, Palatka Municipal Airport, Palatka, FL, 73689
Waiver of Aeronautical Land-Use Assurances, 73689


Federal Emergency Management Agency
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 73660-73661


Federal Energy Regulatory Commission
NOTICES
Supplemental Notice that Initial Market-Based Rate Filing Includes 
          Request for Blanket Section 204 Authorization:
    LANXESS Energy, LLC, 73640


Federal Maritime Commission
NOTICES
Filing of Complaint and Assignment:
    Western Holding Group, Inc., et al. v. Mayaguez Port Commission and 
            Holland Group Port Investment (Mayaguez), Inc., 73655-73656

[[Page iv]]

Filings:
    APM Terminals Pacific Ltd., California United Terminals, Inc., et 
            al., 73656


Federal Motor Carrier Safety Administration
NOTICES
Meetings:
    Medical Review Board (MRB), [Editorial Note: This document 
            appearing at 73 FR 73381-73382 in the Federal Register of 
            December 2, 2008, was placed under the wrong agency in that 
            issue's Table of Contents.]


Federal Railroad Administration
NOTICES
Safety Advisory (2008-02), 73689-73690


Fish and Wildlife Service
RULES
Papahanaumokuakea Marine National Monument Proclamation Provisions, 
          73592-73605
NOTICES
Availability; Final Comprehensive Conservation Plans and Environmental 
          Impact Statements:
    Lake Umbagog National Wildlife Refuge, Coos County, NH, and Oxford 
            County, ME, 73661-73662


Food and Drug Administration
NOTICES
Submission of Patent Information for Certain Old Antibiotics; Draft 
          Guidance for Industry, 73659-73660


Foreign Assets Control Office
NOTICES
Additional Designations Pursuant to Executive Order 13469 of July 25, 
          2008:
    ``Blocking Property of Additional Persons Undermining Democratic 
            Processes or Institutions in Zimbabwe'' (the ``Order''), 
            73690-73691


General Services Administration
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals:
    Federal Acquisition Regulation; Organization and Direction of Work, 
            73639
    Federal Acquisition Regulation; Overtime, 73638-73639
    Federal Acquisition Regulations; Material and Workmanship, 73639-
            73640


Health and Human Services Department
See  Centers for Medicare & Medicaid Services
See  Food and Drug Administration
See  National Institutes of Health


Homeland Security Department
See  Federal Emergency Management Agency


Industry and Security Bureau
RULES
Clarification of Export Control Jurisdiction for Civil Aircraft 
          Equipment under the Export Administration Regulations, 73547-
          73549


Interior Department
See  Fish and Wildlife Service
See  National Park Service


International Trade Administration
NOTICES
Extension of Time Limit for the Preliminary Results of the New Shipper 
          Reviews:
    Fresh Garlic from the People's Republic of China, 73638
Meetings:
    Manufacturing Council; Teleconference, 73638


Justice Department
See  Drug Enforcement Administration


Labor Department
See  Employment and Training Administration


National Aeronautics and Space Administration
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals:
    Federal Acquisition Regulation; Organization and Direction of Work, 
            73639
    Federal Acquisition Regulation; Overtime, 73638-73639
    Federal Acquisition Regulations; Material and Workmanship, 73639-
            73640


National Institutes of Health
NOTICES
Meetings:
    National Institute of General Medical Sciences, 73660


National Oceanic and Atmospheric Administration
RULES
Papahanaumokuakea Marine National Monument Proclamation Provisions, 
          73592-73605


National Park Service
NOTICES
Environmental Impact Statements; Availability, etc.:
    Pipestone National Monument, MN, 73662-73663


Navy Department
RULES
Certifications and Exemptions Under the International Regulations for 
          Preventing Collisions at Sea (1972), 73556-73558


Nuclear Regulatory Commission
NOTICES
Facility Operating Licenses, etc.:
    Duke Energy Carolinas, LLC, 73663-73664


Personnel Management Office
PROPOSED RULES
National Security Personnel System, 73606-73617


Postal Regulatory Commission
NOTICES
Postal Service Plan for Service Performance Measurement, 73664-73679


Rural Housing Service
NOTICES
Meetings:
    USDA Section 538 Guaranteed Rural Rental Housing Program 2009 
            Industry Forums, [Editorial Note: This document appearing 
            at 73 FR 72444 in the Federal Register of November 28, 
            2008, was placed under the wrong agency in that issue's 
            Table of Contents.]

[[Page v]]




Securities and Exchange Commission
NOTICES
Self-Regulatory Organizations; Proposed Rule Changes:
    New York Stock Exchange LLC, 73679-73681
    NYSE Alternext US LLC, 73681-73687


Thrift Supervision Office
NOTICES
Appointment of Receiver:
    PFF Bank & Trust; Pomona, CA, 73692


Transportation Department
See  Federal Aviation Administration
See  Federal Motor Carrier Safety Administration
See  Federal Railroad Administration


Treasury Department
See  Foreign Assets Control Office
See  Thrift Supervision Office


Veterans Affairs Department
RULES
Assistance to States in Hiring and Retaining Nurses at State Veterans 
          Homes, 73558-73562

-----------------------------------------------------------------------



Separate Parts In This Issue
Part II
Health and Human Services Department, Centers for Medicare & Medicaid 
          Services, 73694-73727


Part III
Labor Department, Employment and Training Administration, 73730-73759

-----------------------------------------------------------------------



Reader Aids

Consult the Reader Aids section at the end of this issue 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.


 
 
      CFR PARTS AFFECTED IN THIS ISSUE
 __________________________________________________________
 A cumulative list of the parts affected this month can be 
 found in the Reader Aids section at the end of this issue.
 

  Federal Register / Vol. 73, No. 233 / Wednesday, December 3, 2008 / 
Contents  

  Federal Register / Vol. 73, No. 233 / Wednesday, December 3, 2008 / 
Contents  

  Federal Register / Vol. 73, No. 233 / Wednesday, December 3, 2008 / 
Contents  

[[Page vi]]



                           5 CFR
Proposed Rules:
9901 (2 documents)...................................73606

                           7 CFR
Proposed Rules:
1487.................................................73617

                          14 CFR
39...................................................73545
Proposed Rules:
39...................................................73618

                          15 CFR
770..................................................73547
774..................................................73547

                          21 CFR
1300.................................................73549
1315.................................................73549
1316.................................................73549

                          32 CFR
706 (2 documents).............................73556, 73557

                          38 CFR
53...................................................73558

                          40 CFR
52...................................................73562
180 (2 documents).............................73580, 73586
Proposed Rules:
Ch. I................................................73620
60...................................................73629
61...................................................73629
63 (2 documents)..............................73629, 73631
180..................................................73632

                          42 CFR
440..................................................73694

                          50 CFR
404 (2 documents)....................................73592