[Federal Register Volume 74, Number 45 (Tuesday, March 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. 45 / Tuesday, March 10, 
2009 / Contents   


  Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 
2009 / Contents   

  Tuesday
 Mar. 10, 2009
 Pages 10165-10454

[[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, March 17, 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. 45 / Tuesday, March 10, 2009 / 
Contents  

[[Page iii]]




Agriculture Department
See Animal and Plant Health Inspection Service
See Commodity Credit Corporation
See Forest Service
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 10218-10220
Meetings:
    Crop Committee's Stakeholder Listening Session, 10220


Animal and Plant Health Inspection Service
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals:
    APHIS Ag-Discovery Program, 10221
    National Animal Health Reporting System, 10221-10222
    Plant Protection and Quarantine; Official Control Program, 10222-
            10223
Availability of an Environmental Assessment for a Biological Control 
          Agent for Russian Thistle, 10223-10224
Availability of an Environmental Assessment for a Biological Control 
          Agent for Yellow Starthistle, 10224-10225


Antitrust Division
NOTICES
The National Cooperative Research and Production Act:
    Institute of Electrical and Electronics Engineers, 10298


Centers for Disease Control and Prevention
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 10251-10252


Children and Families Administration
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 10252-10253


Commerce Department
See Economic Development Administration
See Foreign-Trade Zones Board
See International Trade Administration
See National Oceanic and Atmospheric Administration
See Patent and Trademark Office


Commodity Credit Corporation
NOTICES
Cooperative Conservation Partnership Initiative, 10225-10231


Defense Department
See Navy Department


Drug Enforcement Administration
PROPOSED RULES
Schedules of Controlled Substances:
    Placement of Lacosamide into Schedule V, 10205-10207


Economic Development Administration
NOTICES
Applications:
    FY 2009 EDA American Recovery Program, 10232-10237


Education Department
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 10244
Applications:
    Enhanced Assessment Instruments Grants Program--Enhanced Assessment 
            Instruments, 10244-10248


Employment and Training Administration
NOTICES
 Revised Determination on Remand:
    Springs, Global U.S., Inc.; Lancaster, SC, 10298-10299
Adjustment Assistance; Applications, Determinations, etc.:
    Keeper Corp., North Windham, CT, et al., 10299
Affirmative Determination Regarding Application for Reconsideration:
    A. Schulmanm, Inc., Sharon Center, OH, 10299-10300
    SB Acquisition, LLC; Fryeburg, ME, 10300
Amended Certification Regarding Eligibility to Apply for Worker and 
          Alternative Trade Adjustment Assistance:
    Harman/Becker Automotive Systems, Inc., et al., Martinsville, IN, 
            10300
    Hewlett Packard, Inkjet and Web Solutions Division, et al., 
            Corvallis, OR, 10301
Determinations Regarding Eligibility to Apply for Worker and 
          Alternative Trade Adjustment Assistance, 10301-10303
Negative Determination Regarding Application for Reconsideration:
    Hafner USA, Inc., New York, NY, 10303-10304
Termination of Investigation:
    Eaton Corp.; Mentor, OH, 10304
    Everett Charles Technologies, Inc., et al.; Longmont, CO, 10304
    Horton MFG. Co. LLC; Tallmadge, OH, 10304
    Modesto Bee, Ad Production Group, Modesto, CA, 10304
    Pentagon Technologies Group, Inc.; Portland, OR, 10305
    United States Steel Great Lakes Works, Ecorse, MI, 10305


Energy Department
NOTICES
Meetings:
    Environmental Management Site-Specific Advisory Board, Northern New 
            Mexico, 10248-10249
    Environmental Management Site-Specific Advisory Board, Portsmouth, 
            10248


Environmental Protection Agency
RULES
Air Quality Implementation Plans; Approval and Promulgation:
    California; 2003 State Strategy and 2003 South Coast Plan for One-
            Hour Ozone and Nitrogen Dioxide, 10176-10182

[[Page iv]]

Protection of Stratospheric Ozone:
    Import of Halon-1301 Aircraft Fire Extinguishing Vessels; 
            Recordkeeping and Reporting Requirements, 10182-10188
NOTICES
Inventory of U.S. Greenhouse Gas Emissions and Sinks; 1990-2007, 10249


Federal Aviation Administration
RULES
Airworthiness Directives:
    Airbus Model A330 Airplanes, and Model A340 200 and A340 300 Series 
            Airplanes, 10168-10171
    PILATUS AIRCRAFT LTD. Models PC-12, PC-12/45, PC-12/47, and PC-12/
            47E Airplanes, 10166-10168
Change of Using Agency for Restricted Area 6320:
    Matagorda, TX, 10171-10172
PROPOSED RULES
Airworthiness Directives:
    Airbus Model A330-200, A330-300, A340-200, and A340 300 Series 
            Airplanes, 10199-10202
    Boeing Model 737-600, -700, -700C, -800, -900 and -900ER Series 
            Airplanes, 10197-10199
    Piper Aircraft, Inc. PA 23, PA 31, and PA 42 Series Airplanes, 
            10195-10197
Airworthiness Directives; McDonnell Douglas Model MD-90-30 Airplanes, 
          10202-10204
NOTICES
Intent to Rule on Request to Release Airport Property:
    Baton Rouge Metropolitan Airport, Baton Rouge, LA, 10340


Federal Communications Commission
RULES
Television Broadcasting Services:
    Scranton, Pennsylvania, 10188-10189


Federal Motor Carrier Safety Administration
NOTICES
Meetings; Sunshine Act, 10340


Federal Reserve System
NOTICES
Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 
          10249-10250
Meetings:
    Consumer Advisory Council, 10250
Meetings; Sunshine Act, 10250


Federal Transit Administration
NOTICES
Early Scopings:
    Alternatives Analysis of Proposed Transit Improvements in the 
            Ogden-Weber State University Transit Corridor in Odgen, UT, 
            10340-10342


Fish and Wildlife Service
RULES
Endangered and Threatened Wildlife and Plants:
    Designation of Critical Habitat for the Louisiana Black Bear (Ursus 
            americanus luteolus), 10350-10409
PROPOSED RULES
Endangered and Threatened Wildlife and Plants:
    Designation of Critical Habitat for Cirsium loncholepis (La 
            Graciosa thistle), 10211-10217
    Designation of Critical Habitat for the Oregon Chub (Oregonichthys 
            crameri), 10412-10453


Food and Drug Administration
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 10253-10256
Meetings:
    Endocrinologic and Metabolic Drugs Advisory Committee, 10256-10257
    Oncologic Drugs Advisory Committee, 10257-10258


Foreign-Trade Zones Board
NOTICES
Approval of Manufacturing Authority, Foreign-Trade Zone 76, Bridgeport, 
          CT, Derecktor Shipyards Conn., LLC (Shipbuilding), 10237
Grant of Authority for Subzone Status:
    Wolverine World Wide, Inc.; Rockford, Cedar Springs and Howard 
            City, MI, 10237-10238


Forest Service
NOTICES
Environmental Impact Statements; Intent:
    Allegheny National Forest, PA; Reserved and Outstanding Oil and Gas 
            Design Criteria; Correction, 10231
Meetings:
    New Mexico Collaborative Forest Restoration Program Technical 
            Advisory Panel, 10231-10232


Health and Human Services Department
See Centers for Disease Control and Prevention
See Children and Families Administration
See Food and Drug Administration
See National Institutes of Health
See Substance Abuse and Mental Health Services Administration
PROPOSED RULES
Rescission of the Regulation entitled ``Ensuring That Department of 
          Health and Human Services Funds Do Not Support Coercive or 
          Discriminatory Policies or Practices in Violation of Federal 
          Law'', 10207-10211
NOTICES
Meetings:
    Secretary's Advisory Committee on National Health Promotion and 
            Disease Prevention Objectives for 2020, 10250-10251


Homeland Security Department
See U.S. Citizenship and Immigration Services


Housing and Urban Development Department
RULES
Real Estate Settlement Procedures Act:
    Rule to Simplify and Improve the Process of Obtaining Mortgages and 
            Reduce Consumer Settlement Costs, etc., 10172-10174


Interior Department
See Fish and Wildlife Service
See Land Management Bureau
See Minerals Management Service
See Surface Mining Reclamation and Enforcement Office
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 10262-10263


Internal Revenue Service
RULES
Application of Section 367 to a Section 351 Exchange, etc.:
    Correction, 10174

[[Page v]]

Applications:
    Section 367 to a Section 351 Exchange Resulting From a Transaction 
            Described in Section 304(a)(1), etc.; Correction, 10174-
            10175
Gain Recognition Agreements with Respect to Certain Transfers of Stock 
          or Securities by United States Persons to Foreign 
          Corporations; Correction, 10175
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 10342-10349


International Boundary and Water Commission, United States and Mexico
NOTICES
Environmental Impact Statements; Availability, etc.:
    El Paso and Hudspeth Counties, TX, 10275-10277


International Trade Administration
NOTICES
Antidumping:
    Carbon and Certain Alloy Steel Wire Rod From Trinidad and Tobago, 
            10238-10239
    Malleable Cast Iron Pipe Fittings from the People's Republic of 
            China, 10239
Consolidated Decision on Applications for Duty-Free Entry of Electron 
          Microscopes:
    University of WisconsinMadison, et al., 10240


International Trade Commission
NOTICES
Determination:
    Barium Carbonate from China, 10278
Investigations:
    Certain Optoelectronic Devices, Components, and Products Containing 
            Same, 10278-10279


Justice Department
See Antitrust Division
See Drug Enforcement Administration
NOTICES
Response to Public Comments on the Proposed Final Judgment:
    United States v. InBev NV/SA, InBev USA LLC, and Anheuser-Busch 
            Companies, Inc, 10279-10298


Labor Department
See Employment and Training Administration
See Veterans Employment and Training Service


Land Management Bureau
NOTICES
Alaska Native Claims Selection, 10263-10264
Proposed Reinstatement of Terminated Oil and Gas Lease, 10264
Proposed Reinstatement of Terminated Oil and Gas Leases:
    Utah, 10265
Realty Action:
    Recreation and Public Purposes Lease; Anchorage, AK; Correction, 
            10265


Mexico and United States, International Boundary and Water Commission
See International Boundary and Water Commission, United States and 
          Mexico


Minerals Management Service
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 10265-10275


National Institutes of Health
NOTICES
Meetings:
    Eunice Kennedy Schriver National Institute of Child Health and 
            Human Development, 10258-10259
    National Institute of Mental Health, 10259
    National Library of Medicine, 10259-10260
    Office of the Director, National Institutes of Health, 10258


National Oceanic and Atmospheric Administration
RULES
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery, 
          10189-10194
NOTICES
Marine Mammals:
    Incidental Taking; Authorization Letters, etc.--
        Conducting Precision Strike Weapons Testing and Training by 
                Eglin Air Force Base in the Gulf of Mexico, 10241-10242
Meetings:
    Caribbean Fishery Management Council, 10240-10241


Navy Department
NOTICES
Intent to Grant Exclusive Patent License:
    Camtek Construction Products Corp., 10242-10243
Intent to Grant Non-Exclusive Patent License:
    Truston Technologies Inc., 10243
Meetings:
    Board of Advisors to The President, Naval Postgraduate School, 
            10243
Revised Record of Decision for Hawaii Range Complex, 10243-10244


Nuclear Regulatory Commission
NOTICES
Biweekly Notice Applications and Amendments to Facility Operating 
          Licenses Involving No Significant Hazards Considerations, 
          10305-10315
Meetings; Sunshine Act, 10315-10316
Privacy Act; Systems of Records, 10316-10317


Patent and Trademark Office
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 10242


Personnel Management Office
RULES
Absence and Leave; Sick Leave; Correction, 10165
Emergency Leave Transfer Program; Correction, 10165-10166


Securities and Exchange Commission
NOTICES
Order of Suspension of Trading:
    International Business Ventures Group, Inc., 10317
Self-Regulatory Organizations; Proposed Rule Changes:
    Financial Industry Regulatory Authority, Inc., 10317-10321
    Fixed Income Clearing Corp., 10321-10322
    International Securities Exchange, LLC, 10322-10324
    NASDAQ Stock Market LLC, 10324-10325
    New York Stock Exchange LLC, 10325-10334
    NYSE Alternext US LLC, 10334-10339

[[Page vi]]




Small Business Administration
NOTICES
Exemptions:
    TeleSoft Partners II SBIC, L.P.; Conflicts of Interest, 10339


State Department
NOTICES
Committee Renewal:
    Advisory Committee on International Economic Policy, 10339
Meetings:
    Cultural Property Advisory Committee, 10339-10340


Substance Abuse and Mental Health Services Administration
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 10260


Surface Mining Reclamation and Enforcement Office
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 10275


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


Treasury Department
See Internal Revenue Service


U.S. Citizenship and Immigration Services
NOTICES
Agency Information Collection Activities; Proposals, Submissions, and 
          Approvals, 10260-10262


Veterans Affairs Department
RULES
Delegations of Authority:
    Regulation Policy and Management, 10175-10176


Veterans Employment and Training Service
NOTICES
Meetings:
    Advisory Committee on Veterans' Employment, Training and Employer 
            Outreach (ACVETEO), 10305

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



Separate Parts In This Issue
Part II
Interior Department, Fish and Wildlife Service, 10350-10409


Part III
Interior Department, Fish and Wildlife Service, 10412-10453

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



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. 45 / Tuesday, March 10, 2009 / 
Contents  

  Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / 
Contents  

  Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / 
Contents  

[[Page vii]]



                           5 CFR
630 (2 documents)....................................10165

                          14 CFR
39 (2 documents)..............................10166, 10168
73...................................................10171
Proposed Rules:
39 (4 documents)................10195, 10197, 10199, 10202

                          21 CFR
Proposed Rules:
1308.................................................10205

                          24 CFR
3500.................................................10172

                          26 CFR
1 (3 documents)...............................10174, 10175

                          38 CFR
2....................................................10175

                          40 CFR
52...................................................10176
82...................................................10182

                          45 CFR
Proposed Rules:
88...................................................10207

                          47 CFR
73...................................................10188

                          50 CFR
17...................................................10350
660..................................................10189
Proposed Rules:
17 (2 documents)..............................10211, 10412