[Federal Register Volume 74, Number 27 (Wednesday, February 11, 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. 27 / Wednesday, February 11, 
2009 / Contents   


  Federal Register / Vol. 74, No. 27 / Wednesday, February 11, 
2009 / Contents   

  Wednesday
 Feb. 11, 2009
 Pages 6823-6988

[[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. 27 / Wednesday, February 11, 2009 / 
Contents  

[[Page iii]]




Agriculture Department
See Forest Service


Arts and Humanities, National Foundation
See National Foundation on the Arts and the Humanities


Children and Families Administration
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6887-6888
Meetings:
    National Commission on Children and Disasters, 6888


Coast Guard
PROPOSED RULES
Security Zones:
    Naval Base Point Loma; San Diego Bay, San Diego, CA, 6842-6844


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, 6855-6856


Copyright Royalty Board
RULES
Mechanical and Digital Phonorecord Delivery Rate Determination 
          Proceeding, 6832-6834


Defense Department
See Navy Department


Drug Enforcement Administration
NOTICES
Controlled Substances Manufacturer; Applications, 6921
Controlled Substances, Importer; Applications, 6920-6921


Education Department
NOTICES
Meetings:
    National Assessment Governing Board, 6860-6861


Energy Department
See Federal Energy Regulatory Commission


Environmental Protection Agency
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6873-6874
Meetings:
    Tribal Pesticide Program Council (TPPC), 6875


Equal Employment Opportunity Commission
RULES
Privacy Act Regulations, 6831-6832


Executive Office of the President
See Presidential Documents


Export-Import Bank
NOTICES
Meetings; Sunshine Act, 6875


Federal Aviation Administration
PROPOSED RULES
Airworthiness Directives:
    Sikorsky Aircraft Corporation Model S-76A, B, and C Helicopters, 
            6835-6839
NOTICES
Environmental Impact Statements; Availability, etc.:
    Proposed Airport Development at the Sawyer County Airport in 
            Hayward, WI, 6944-6945
Petitions for Exemption:
    Summary of Petitions Received, 6945


Federal Communications Commission
NOTICES
Annual Assessment of the Status of Competition in the Market for the 
          Delivery of Video Programming, 6875-6882


Federal Election Commission
NOTICES
Meetings; Sunshine Act, 6883


Federal Emergency Management Agency
NOTICES
Meetings:
    Voluntary Private Sector Accreditation and Certification 
            Preparedness Program, 6914-6915


Federal Energy Regulatory Commission
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6861-6863
Applications:
    Corral Creek South Hydro, LLC, 6863-6864
    Mesa De Los Carros Hydro, LLC, 6864
    Mississippi L & D No. 25 Hydro, LLC, 6864-6865
    Swan Lake North Hydro, LLC, 6865
    Yegua Mesa Hydro, LLC, 6865
Combined Notice of Filings, 6866-6868
Designation of Certain Commission Staff as Non-Decisional:
    PacifiCorp, 6868
Environmental Impact Statements; Availability, etc.:
    Gulf Crossing Pipeline Co. LLC, 6868-6870
    Tennessee Gas Pipeline Co.; Scoping Meetings, 6870-6873
Filings:
    Cameron Interstate Pipeline Co., LLC, 6873
Request Under Blanket Authorization:
    Carolina Gas Transmission Corp., 6873


Federal Maritime Commission
NOTICES
Agreements Filed, 6883
Ocean Transportation Intermediary License:
    Applicants, 6883-6884
    Reissuances, 6884
    Revocations, 6884-6885

[[Page iv]]




Federal Mine Safety and Health Review Commission
NOTICES
Meetings; Sunshine Act, 6921


Federal Retirement Thrift Investment Board
NOTICES
Meetings; Sunshine Act, 6885


Fish and Wildlife Service
PROPOSED RULES
Endangered and Threatened Wildlife and Plants:
    Removing the Hawaiian Hawk From the Federal List of Endangered and 
            Threatened Wildlife, 6853-6854
    Revised Critical Habitat for the Marbled Murrelet, 6852-6853
NOTICES
Endangered and Threatened Species Permit Applications, 6917
Endangered and Threatened Wildlife and Plants:
    5-Year Reviews of 23 Southwestern Species, 6917-6919


Food and Drug Administration
RULES
New Animal Drugs:
    Bc6 Recombinant Deoxyribonucleic Acid Construct, 6823-6824
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6889-6896
Apothecon et al.; Withdrawal of Approval of 103 New Drug Applications 
          and 35 Abbreviated New Drug Applications, 6896-6901
Determination of Regulatory Review Period for Purposes of Patent 
          Extension:
    MACROPLASTIQUE IMPLANTS, 6901-6902
Guidance for Industry:
    Referral Program from the FDA to the NOAA Seafood Inspection 
            Program for the Certification of Fish and Fishery Products 
            for Export to the European Union and the European Free 
            Trade Association, 6902-6903
Improving Endpoints, Improving Care; Alpha-1 Antitrypsin Augmentation 
          Therapy and Clinical Trials; Public Workshop, 6903
Meetings:
    Cardiovascular and Renal Drugs Advisory Committee, 6903-6904
Request for Nominations for Voting and Nonvoting Consumer 
          Representative Members on Public Advisory Committee and 
          Panels, 6904-6906


Foreign Assets Control Office
NOTICES
Additional Designation of One Entity Pursuant to Executive Order 13224, 
          6946-6947


Foreign-Trade Zones Board
NOTICES
Approval of Manufacturing Authority, Within Foreign-Trade Zone 64:
    Jacksonville, FL, Bacardi USA, Inc. (Alcoholic Beverages), 6856
Foreign-Trade Zone 271, Jo-Daviess and Carroll Counties, IL:
    Application for Subzone Status, Danisco U.S.A., Inc., Sweeteners 
            Division, (Xylitol, Xylose and Mannose), 6856-6857


Forest Service
NOTICES
Meetings:
    Eastern Washington Cascades Provincial Advisory Committee and the 
            Yakima Provincial Advisory Committee, 6855


Health and Human Services Department
See Children and Families Administration
See Food and Drug Administration
See National Institutes of Health
NOTICES
Meetings:
    National Committee on Vital and Health Statistics, 6885-6886
National Toxicology Program (NTP); Report on Carcinogens (RoC), 6886-
          6887


Homeland Security Department
See Coast Guard
See Federal Emergency Management Agency
See U.S. Citizenship and Immigration Services


Housing and Urban Development Department
PROPOSED RULES
Refinement of Income and Rent Determination Requirements in Public and 
          Assisted Housing Programs; Proposed Delay of Effective Date, 
          6839-6840
NOTICES
HECM Counseling Client Survey, 6916-6917


Interior Department
See Fish and Wildlife Service
See Land Management Bureau


Internal Revenue Service
RULES
Application of Section 367 to a Section 351 Exchange Resulting from a 
          Transaction Described in Section 304(a)(1):
    Treatment of Gain Recognized under Section 301(c)(3) for Purposes 
            of Section 1248, 6824-6828
Consolidated Returns; Intercompany Obligations; Correction, 6828-6829
Gain Recognition Agreements with Respect to Certain Transfers of Stock 
          or Securities by United States Persons to Foreign 
          Corporations, 6952-6976
Procedures for Administrative Review of a Determination That an 
          Authorized Recipient Has Failed to Safeguard Tax Returns or 
          Return Information, 6829-6831
PROPOSED RULES
Applications:
    Treatment of Gain Recognized under Section 301(c)(3) for Purposes 
            of Section 1248, 6840-6841
Section 108(e)(8) Application to Partnerships; Hearing Cancellation, 
          6841-6842
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6947-6949


International Trade Administration
NOTICES
Antidumping:
    Polyethylene Retail Carrier Bags from the People's Republic of 
            China, 6857-6858

[[Page v]]




International Trade Commission
NOTICES
Investigation (Review):
    Ceramic Station Post Insulators from Japan, 6920
Meetings; Sunshine Act, 6919-6920


Justice Department
See Drug Enforcement Administration
NOTICES
Consent Decree:
    United States v. Patriot Coal Corp. et al., 6920


Land Management Bureau
NOTICES
Public Land Order No. 7723:
    Partial Revocation of Lighthouse Withdrawals; California; 
            Correction, 6919


Library of Congress
See Copyright Royalty Board


Mine Safety and Health Federal Review Commission
See Federal Mine Safety and Health Review Commission


National Foundation on the Arts and the Humanities
NOTICES
Meetings; Sunshine Act, 6921-6922


National Institutes of Health
NOTICES
Government-Owned Inventions:
    Availability for Licensing, 6906-6912
Meetings:
    National Human Genome Research Institute, 6913-6914
    National Institute of Diabetes and Digestive and Kidney Diseases, 
            6912
    National Institute of Mental Health, 6912-6913
    National Institute on Aging, 6913


National Oceanic and Atmospheric Administration
NOTICES
National Estuarine Research Reserve System, 6859


National Transportation Safety Board
NOTICES
Meetings; Sunshine Act, 6922


Navy Department
NOTICES
Draft Environmental Impact Statement/Overseas Environmental Impact 
          Statement:
    Northwest Training Range Complex, 6859-6860
Meetings:
    Chief of Naval Operations Executive Panel, 6860


Nuclear Regulatory Commission
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6922-6923
Meetings:
    ACRS Subcommittee on Materials, Metallurgy & Reactor Fuels, 6923


Postal Service
PROPOSED RULES
Rules of Practice of the Postal Service Board of Contract Appeals, 
          6844-6852


Presidential Documents
EXECUTIVE ORDERS
Amending Executive Order 12835 (EO 13499), 6977-6979
Amending Executive Order 12859 (EO 13500), 6981
Government Agencies and Employees:
    Construction Projects; Use of Project Labor Agreements (EO 13502), 
            6985-6987
President's Economic Recovery Advisory Board; Establishment (EO 13501), 
          6983-6984


Public Health Service
See Food and Drug Administration
See National Institutes of Health


Securities and Exchange Commission
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6923-6925
Joint Industry Plan:
    BATS Exchange, Inc., 6925
Meetings; Sunshine Act, 6925-6926
Self-Regulatory Organizations; Proposed Rule Changes:
    Chicago Board Options Exchange, Inc., 6926-6928
    Financial Industry Regulatory Authority, Inc., 6928-6931
    NASDAQ OMX PHLX, Inc., 6931-6933
    National Securities Clearing Corp., 6933-6934
    New York Stock Exchange LLC, 6934-6935
    NYSE Alternext US LLC, 6935-6939
    NYSE Arca, Inc., 6939-6942


State Department
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6942-6943
Culturally Significant Objects Imported for Exhibition Determinations:
    Pictures Generation, 1974-1984, 6943
The Imposition of Sanctions Against Three North Korean Entities; 
          Correction, 6943


Surface Transportation Board
NOTICES
Release of Waybill Data, 6945-6946


Transportation Department
See Federal Aviation Administration
See Surface Transportation Board
NOTICES
Applications for Certificates of Public Convenience and Necessity and 
          Foreign Air Carrier Permits Filed Under Subpart B (during the 
          Week Ending January 31, 2009), 6944
Aviation Proceedings, Agreements filed the week ending January 31, 
          2009, 6944


Treasury Department
See Foreign Assets Control Office
See Internal Revenue Service
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6946


U.S. Citizenship and Immigration Services
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 6915
Meetings:
    U.S. Citizenship and Immigration Services, 6915-6916

[[Page vi]]


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



Separate Parts In This Issue
Part II
Treasury Department, Internal Revenue Service, 6952-6976


Part III
Presidential Documents, 6977-6979, 6981, 6983-6987

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



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. 27 / Wednesday, February 11, 2009 / 
Contents  

  Federal Register / Vol. 74, No. 27 / Wednesday, February 11, 2009 / 
Contents  

  Federal Register / Vol. 74, No. 27 / Wednesday, February 11, 2009 / 
Contents  

[[Page vii]]



                           3 CFR
Executive Orders:
12835 (amended by 13499)..............................6979
12859 (amended by 13450)..............................6981
13202 (revoked by 13502)..............................6985
13208 (revoked by 13502)..............................6985
13499.................................................6979
13500.................................................6981
13501.................................................6983
13502.................................................6985

                          14 CFR
Proposed Rules:
39....................................................6835

                          21 CFR
510...................................................6823
528...................................................6823

                          24 CFR
Proposed Rules:
5.....................................................6839
92....................................................6839
908...................................................6839

                          26 CFR
1 (4 documents)...........................6824, 6828, 6951
301...................................................6829
602...................................................6951
Proposed Rules:
1 (2 documents).................................6840, 6841

                          29 CFR
1611..................................................6831

                          33 CFR
Proposed Rules:
165...................................................6842

                          37 CFR
385...................................................6832

                          39 CFR
Proposed Rules:
955...................................................6844

                          50 CFR
Proposed Rules:
17 (2 documents)................................6852, 6853