[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Contents]
[Pages I-VII]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]



 ___________________________________________________________
 
 
FEDERAL REGISTER
 

  Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 
2009 / Contents   


  Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 
2009 / Contents   

  Tuesday
 Feb. 10, 2009
 Pages 6539-6822

[[Page i]]

      9

[[Page ii]]

    The FEDERAL REGISTER (ISSN 0097-6326) is published daily, Tuesday 
  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: 74 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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                        FEDERAL REGISTER WORKSHOP
 
           THE FEDERAL REGISTER: WHAT IT IS AND HOW TO USE IT
 
FOR:                              Any person who uses the Federal
                                   Register and Code of Federal
                                   Regulations.
 
WHO:                              Sponsored by the Office of the Federal
                                   Register.
 
WHAT:                             Free public briefings (approximately 3
                                   hours) to present:
 
                                  1. The regulatory process, with a
                                   focus on the Federal Register system
                                   and the public's role in the
                                   development of regulations.
 
                                  2. The relationship between the
                                   Federal Register and Code of Federal
                                   Regulations.
 
                                  3. The important elements of typical
                                   Federal Register documents.
 
                                  4. An introduction to the finding aids
                                   of the FR/CFR system.
 
WHY:                              To provide the public with access to
                                   information necessary to research
                                   Federal agency regulations which
                                   directly affect them. There will be
                                   no discussion of specific agency
                                   regulations.
                           __________________
 
WHEN:                             Tuesday, February 24, 2009
                                      9:00 a.m.-12:30 p.m.
 
WHERE:                            Office of the Federal Register
                                  Conference Room, Suite 700
                                  800 North Capitol Street, NW.
                                  Washington, DC 20002
 
RESERVATIONS: (202) 741-6008
 
------------------------------------------------------------------------


 
 
 
                  CONTENTS
 
 

  Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / 
Contents  

[[Page iii]]




Agency for Healthcare Research and Quality
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6630-6634


Agriculture Department
See Forest Service


Air Force Department
NOTICES
Privacy Act; Systems of Records, 6589-6594
Request for Information for Rapid Delivery of Military Capabilities via 
          Space, 6594-6596


Army Department
See Engineers Corps
NOTICES
Privacy Act; Systems of Records, 6596-6601


Bonneville Power Administration
NOTICES
FY 2010-2011 Proposed Power and Transmission Rate Adjustments:
    Public Hearing and Opportunities for Public Review and Comment, 
            6609-6618


Centers for Disease Control and Prevention
NOTICES
Meetings:
    Advisory Committee to the Director, Centers for Disease Control and 
            Prevention, (ACD, CDC), 6634
    Disease, Disability, and Injury Prevention and Control Special 
            Emphasis Panel (SEP), 6634


Centers for Medicare & Medicaid Services
PROPOSED RULES
Medicare Program:
    Changes to the Competitive Acquisition of Certain Durable Medical 
            Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) by 
            Certain Provisions of the Medicare Improvements for 
            Patients and Providers Act of 2008 (MIPPA), 6557-6558


Coast Guard
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6648-6649


Commerce Department
See Foreign-Trade Zones Board
See International Trade Administration
See National Institute of Standards and Technology
See National Oceanic and Atmospheric Administration
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6569


Defense Department
See Air Force Department
See Army Department
See Engineers Corps
See Navy Department
NOTICES
Privacy Act; Systems of Records, 6579-6589


Education Department
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6605-6606


Employment and Training Administration
NOTICES
Affirmative Determination Regarding Application for Reconsideration:
    Olympic Panel Products, Shelton, WA, 6651
Amended Certification Regarding Eligibility to Apply for Worker 
          Adjustment Assistance and Alternative Trade Adjustment 
          Assistance:
    Mercury Marine, Division of Brunswick Corp., Fond du Lac, WI, 6651-
            6652
    Modern Plastics Corp., Currently Known as SPI Blow Molding LLC, 
            Coloma, MI, 6652
Determinations Regarding Eligibility to Apply for Worker Adjustment 
          Assistance and Alternative Trade Adjustment Assistance, 6652-
          6654
Investigation Termination:
    Alcoa, Inc., Massena East Plant, Massena, NY, 6654
    Alcoa, Inc., Massena West Plant, Massena, NY, 6654
    Aromatique, Inc.; Mountain View Production Facility; Mountain View, 
            AR, 6655
    Costa Blanca Textile, Inc.; Highpoint, NC, 6655
    Georgia Pacific, LLC, Louisville, MS, 6655
    Georgia-Pacific Corp.; Green Bay, WI, 6655
    International Legwear Group, Hickory, NC, 6655
Investigations Regarding Certifications of Eligibility to Apply for 
          Worker Adjustment Assistance and Alternative Trade Adjustment 
          Assistance, 6655-6657
Negative Determination on Reconsideration:
    Boise Cascade, LLC, St. Helens, OR, 6657
Revised Determination on Reconsideration:
    Boise Cascade, LLC, La Grande, OR, 6657-6658
Revised Determination on Remand:
    Joy Technologies, Inc. DBA Joy Mining Machinery, Mt. Vernon, IL, 
            6658-6659


Employment Standards Administration
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6659-6660


Energy Department
See Bonneville Power Administration
See Federal Energy Regulatory Commission
NOTICES
Application to Amend Presidential Permit:
    International Transmission Co. d/b/a ITCTransmission, 6606-6607
Application to Export Electric Energy:
    Emera Energy Services, Inc., 6607
Applications to Export Electric Energy:
    Emera Energy U.S. Subsidiary No. 1, Inc., 6607-6608
Meetings:
    DOE/Advanced Scientific Computing Advisory Committee, 6608

[[Page iv]]

    Environmental Management Site-Specific Advisory Board, Nevada, 
            6608-6609


Engineers Corps
NOTICES
Environmental Impact Statements; Availability, etc.:
    Dredged Material Management Plan for the Port of New York and New 
            Jersey, 6601
    Mississippi Coastal Improvement Program, Jackson, Harrison, and 
            Hancock Counties, MS, 6603
Environmental Impact Statements; Intent:
    Tyrrell and Dare Counties, NC, 6601-6602
Meetings:
    South Dakota River Task Force Established by the Missouri River 
            Restoration Act of 2000 (Title IX), 6603


Environmental Protection Agency
RULES
Approval and Promulgation of Air Quality Implementation Plans:
    West Virginia; Ambient Air Quality Standards, 6552-6554
    West Virginia; Update to Materials Incorporated by Reference, 6542-
            6552
NOTICES
Teleconference:
    Science Advisory Board Integrated Nitrogen Committee, 6623-6624


Federal Aviation Administration
PROPOSED RULES
Special Conditions:
    Model C-27J Airplane; Interaction of Systems and Structures, 6557


Federal Communications Commission
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6624-6625
Herring Broadcasting, Inc. v. Time Warner Cable Inc., et al., 6625-6626


Federal Deposit Insurance Corporation
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6626


Federal Election Commission
NOTICES
Meetings; Sunshine Act, 6626


Federal Energy Regulatory Commission
RULES
Chief Accountant Delegations, 6540-6541
Natural Gas Pipelines; Project Cost and Annual Limits, 6539-6540
NOTICES
Applications:
    Cordova Electric Cooperative, Inc., 6618-6619
    Greenwood County, SC, 6619 6619-6620
    Whitman River Dam, Inc., 6620
Blanket Authorizations:
    Southern Star Central Gas Pipeline, Inc., 6622
Complaints:
    Integrys Energy Services, Inc., 6621
Filings:
    Southern California Edison Co., 6621
    Sun Edison LLC, 6621-6622
Initial Market-Based Rate Filing:
    EcoGrove Wind, LLC, 6622
Teleconferences and Meetings:
    California Independent System Operator Corp., 6623


Federal Highway Administration
NOTICES
Limitation on Claims for Judicial Review of Actions by FHWA and Other 
          Federal Agencies:
    Final Federal Agency Actions on Proposed Highway in Indiana, 6688-
            6689


Federal Motor Carrier Safety Administration
NOTICES
Qualification of Drivers; Exemption Applications:
    Vision, 6689-6690
Qualification of Drivers; Exemption Renewals:
    Vision, 6690-6692


Federal Railroad Administration
NOTICES
Petition for Waiver of Complaince:
    Union Pacific Railroad Co., 6692-6693


Federal Reserve System
NOTICES
Change in Bank Control Notices, Acquisition of Shares of Bank or Bank 
          Holding Companies; Correction, 6626-6627
Change in Bank Control Notices; Acquisition of Shares of Bank or Bank 
          Holding Companies, 6627
Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 
          6627


Federal Trade Commission
NOTICES
Analysis of Proposed Consent Order to Aid Public Comment:
    Genica Corp. and Compgeeks.com, 6627-6629


Fish and Wildlife Service
RULES
Endangered and Threatened Wildlife and Plants:
    Determination of Endangered Status for Reticulated Flatwoods 
            Salamander: Designation of Critical Habitat for Frosted 
            Flatwoods Salamander and Reticulated Flatwoods Salamander, 
            6700-6774
PROPOSED RULES
Endangered and Threatened Wildlife and Plants:
    Wyoming Pocket Gopher as Threatened or Endangered with Critical 
            Habitat, 6558-6563
Migratory Bird Subsistence Harvests in Alaska:
    Harvest Regulations for Migratory Birds in Alaska During the 2009 
            Season, 6563-6564
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6650-6651


Food and Drug Administration
RULES
Applications for Food and Drug Administration Approval to Market a New 
          Drug; Postmarketing Reports:
    Reporting Information about Authorized Generic Drugs; Withdrawal, 
            6541
Oral Dosage Form New Animal Drugs:
    Ivermectin Paste, 6541-6542

[[Page v]]

NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6634-6635
Determination of Regulatory Review Period for Purposes of Patent 
          Extension:
     MIRCERA, 6637-6638
    LETAIRIS, 6635-6636
    LUNESTA, 6636-6637
    SELZENTRY, 6638-6639
    VETMEDIN, 6639-6640
Draft Guidance for Industry:
    Bioequivalence Recommendation for Vancomycin HCl; Extension of 
            Comment Period, 6640-6641
Food Labeling Workshop; Public Workshop, 6641
Food Protection; Public Workshop, 6641-6642
Medical Devices; Availability of Safety and Effectiveness Summaries for 
          Premarket Approval Applications, 6642-6643
Meetings:
    Science Board to the Food and Drug Administration, 6643-6644
    Vaccines and Related Biological Products Advisory Committee, 6644-
            6645


Foreign-Trade Zones Board
NOTICES
Applications, Hearings, Determinations:
    Illinois--
        Reorganization/Expansion; FTZ 176, 6570
Foreign-Trade Zone 124 (Gramercy, LA); Expansion of Subzone:
    Marathon Petroleum Company LLC (Oil Refinery), Garyville, LA, 6569-
            6570


Forest Service
NOTICES
Meetings:
    Okanogan and Wenatchee National Forests Resource Advisory 
            Committee, 6569


Health and Human Services Department
See Agency for Healthcare Research and Quality
See Centers for Disease Control and Prevention
See Centers for Medicare & Medicaid Services
See Food and Drug Administration
See National Institutes of Health
NOTICES
Findings of Scientific Misconduct, 6629-6630


Homeland Security Department
See Coast Guard
See Transportation Security Administration


Interior Department
See Fish and Wildlife Service
See Land Management Bureau


International Trade Administration
NOTICES
Antidumping:
    Diamond Sawblades from the People's Republic of China and the 
            Republic of Korea, 6570-6571
    Freshwater Crawfish Tail Meat from the People's Republic of China, 
            6571-6573
Countervailing Duty:
    Lined Paper Products from India, 6573-6575


Labor Department
See Employment and Training Administration
See Employment Standards Administration


Land Management Bureau
NOTICES
Alaska Native Claims Selection, 6651


Maritime Administration
NOTICES
Environmental Impact Statements; Availability, etc.:
    Atlantic Sea Island Group LLC, Safe Harbor Energy Liquefied Natural 
            Gas Deepwater Port License Application, 6693-6694


Millennium Challenge Corporation
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6660-6661


National Credit Union Administration
NOTICES
Meetings; Sunshine Act, 6661


National Institute of Standards and Technology
NOTICES
Inventions Available for Licensing, 6575-6576


National Institutes of Health
NOTICES
Meetings--
    Center for Scientific Review, 6645
Meetings:
    Center for Scientific Review, 6645-6647
    Moving Into the Future -- New Dimensions and Strategies for Women's 
            Health Research for the National Institutes of Health, 
            6647-6648
    National Center on Minority Health and Health Disparities, 6648


National Oceanic and Atmospheric Administration
RULES
Fisheries of the Exclusive Economic Zone Off Alaska:
    Pacific Cod by Catcher Processors Using Pot Gear in the Bering Sea 
            and Aleutian Islands Management Area, 6554-6555
    Pacific Cod by Catcher Vessels Greater Than or Equal To 60 Feet 
            (18.3 Meters) Length Overall Using Pot Gear in the Bering 
            Sea and Aleutian Islands Management Area, 6554
    Pacific Cod by Vessels Catching Pacific Cod for Processing by the 
            Inshore Component in the Central Regulatory Area of the 
            Gulf of Alaska, 6556
    Pollock in Statistical Area 630 of the Gulf of Alaska, 6555-6556
PROPOSED RULES
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United 
          States; Northeast Multispecies Fishery:
    2009 Georges Bank Cod Hook Sector Operations Plan and Agreement, 
            and Allocation of Georges Bank Cod Total Allowable Catch, 
            6564-6568
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6576
Endangered and Threatened Species:
    Take of Anadromous Fish; Northwest Indian Fisheries Commission 
            Tribal Resource Management Plan, 6576-6577
Evaluation of State Coastal Management Programs and National Estuarine 
          Research Reserves, 6577-6578

[[Page vi]]

Fisheries in the Western Pacific; Western Pacific Crustacean Fisheries:
    2009 Northwestern Hawaiian Islands Lobster Harvest Guideline, 6578
Marine Mammals, 6578-6579


Navy Department
NOTICES
Intent to Grant Partially Exclusive License:
    NextGen Containers LLC, 6603-6604
Privacy Act; Systems of Records, 6604-6605


Nuclear Regulatory Commission
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6661-6662
Applications and Amendments to Facility Operating Licenses Involving No 
          Significant Hazards Considerations, 6662-6674
Meetings:
    Advisory Committee on Reactor Safeguards (ACRS) Subcommittee on 
            Materials, Metallurgy and Reactor Fuels, 6675
    Advisory Committee on Reactor Safeguards (ACRS) Subcommittee on 
            Planning and Procedures, 6674-6675
Meetings; Sunshine Act, 6675
Order Approving Indirect Transfer of Materials License:
    Foster Wheeler Environmental Corp.; Idaho Spent Fuel Facility, 6676


Public Health Service
See Agency for Healthcare Research and Quality
See Centers for Disease Control and Prevention
See Food and Drug Administration
See National Institutes of Health


Securities and Exchange Commission
RULES
Interactive Data to Improve Financial Reporting, 6776-6821
NOTICES
Order of Suspension of Trading:
    BIH Corp., 6676-6677
Self-Regulatory Organizations; Proposed Rule Changes:
    Chicago Board Options Exchange, Inc., 6677-6678
    International Securities Exchange, LLC, 6678-6680
    NASDAQ OMX PHLX, Inc., 6680-6682
    New York Stock Exchange LLC, 6683
    NYSE Alternext US, LLC, 6683-6685


Small Business Administration
NOTICES
Disaster Declarations:
    Washington, 6685-6686


State Department
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6686-6687
Applications:
    Presidential Permit to Operate and Maintain Pipeline Facilities on 
            the Border of the United States, 6687-6688
Environmental Impact Statements; Availability, etc.:
    Transcanada Keystone XL Pipeline; Correction, 6687


Surface Transportation Board
NOTICES
Railroad Cost Recovery Procedures-Productivity Adjustment, 6694


Tennessee Valley Authority
NOTICES
Meetings; Sunshine Act, 6688


Transportation Department
See Federal Aviation Administration
See Federal Highway Administration
See Federal Motor Carrier Safety Administration
See Federal Railroad Administration
See Maritime Administration
See Surface Transportation Board
See Transportation Security Administration


Transportation Security Administration
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6649-6650


Veterans Affairs Department
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6694-6697
Meetings:
    Advisory Committee on Prosthetics and Special Disabilities 
            Programs, 6697

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



Separate Parts In This Issue
Part II
Interior Department, Fish and Wildlife Service, 6700-6774


Part III
Securities and Exchange Commission, Securities and Exchange Commission, 
          6776-6821

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



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.


 
 
      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. 74, No. 26 / Tuesday, February 10, 2009 / 
Contents  

  Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / 
Contents  

  Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / 
Contents  

[[Page vii]]



                          14 CFR
Proposed Rules:
25....................................................6557

                          17 CFR
229...................................................6776
230...................................................6776
232...................................................6776
239...................................................6776
240...................................................6776
249...................................................6776

                          18 CFR
157...................................................6539
375...................................................6540

                          21 CFR
314...................................................6541
520...................................................6541

                          40 CFR
52 (2 documents)................................6542, 6552

                          42 CFR
Proposed Rules:
414...................................................6557

                          50 CFR
17....................................................6700
679 (4 documents).........................6554, 6555, 6556
Proposed Rules:
17....................................................6558
92....................................................6563
648...................................................6564