Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-03-23.xml --- 75 55 Tuesday, March 23, 2010 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13727-13728 2010-6262 2010-6271 Antitrust Antitrust Division NOTICES National Cooperative Research and Production Act of 1993: PXI Systems Alliance, Inc., 13781 2010-6256 Centers Centers for Disease Control and Prevention NOTICES Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 13769 2010-6189 Coast Guard Coast Guard PROPOSED RULES Implementation of 1995 Amendments to International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 13715 2010-6297 Safety Zones: Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone, 13707-13710 2010-6294 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Defense Department RULES Federal Acquisition Regulation:

FAR Case 2008-027, Federal Awardee Performance and Integrity Information System, 14059-14067 2010-6329 Federal Acquisition Circular 2005-40; Introduction, 14058 2010-6330 Federal Acquisition Circular 2005-40; Small Entity Compliance Guide, 14067-14068 2010-6331 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition Regulation; Lessor's Annual Cost Statement, 13763 2010-6394 Federal Acquisition Regulation; Rights in Data and Copyrights, 13764 2010-6402 Use of Project Labor Agreements for Federal Construction Projects, 13765 2010-6404 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Drug Drug Enforcement Administration RULES Schedules of Controlled Substances;

Table of Excluded Nonnarcotic Products: Nasal Decongestant Inhalers Manufactured by Classic Pharmaceuticals, LLC, 13678-13679 2010-6176 PROPOSED RULES Implementation of the Methamphetamine Production Prevention Act (of 2008), 13702-13705 2010-6175 Education Education Department PROPOSED RULES High School Equivalency Program and College Assistance Migrant Program, The Federal TRIO Programs, etc., 13814-13907 2010-4869 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13733-13735 2010-6356 2010-6357 2010-6358 Applications for New Awards (FY 2010):

Charter Schools Program Grants for National Leadership Activities, 13740-13745 2010-6378 Charter Schools Program; State Educational Agencies, 13735-13740 2010-6370 Foreign Language Assistance Program--State Educational Agencies, 13751-13755 2010-6369 Ready to Teach Program--General Programming Grants, 13745-13751 2010-6286 Special Focus Competition; Program for North American Mobility in Higher Education, 13735 2010-6365 Employment Employment and Training Administration NOTICES Public Webinar:

Changes to the Labor Certification Process for the Temporary Agricultural Employment of H-2A Aliens, 13784 2010-6367 Request for Certification of Compliance Rural Industrialization Loan and Grant Program, 13784-13785 2010-6314 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Application to Amend Blanket Authorization to Export Liquefied Natural Gas: Freeport LNG Development, LP, 13755-13757 2010-6319 Meetings: Blue Ribbon Commission on America's Nuclear Future;

Correction, 13757 2010-6364 EPA Environmental Protection Agency PROPOSED RULES Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes: California; PM-10; Determination of Attainment for the Coso Junction Nonattainment Area, etc., 13710-13715 2010-6338 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings, 13759-13761 2010-6341 Farm Farm Credit Administration PROPOSED RULES Federal Agricultural Mortgage Corporation Funding and Fiscal Affairs;

Risk-Based Capital Requirements, 13682 2010-6292 FAA Federal Aviation Administration RULES Amendment of Class E Airspace: Cedar Rapids, IA, 13668 2010-6157 Dumas, TX, 13669-13670 2010-6162 Gadsden, AL, 13670 2010-6277 Georgetown, TX, 13668-13669 2010-6160 Huntingburg, IN, 13667 2010-6155 Establishment of Class D and E Airspace: Panama City, FL, 13670-13671 2010-6280 Establishment of Class E Airspace: West Bend, WI, 13671-13672 2010-6158 PROPOSED RULES Airworthiness Directives:

Bombardier, Inc. Model DHC-8-400 Series Airplanes, 13682-13684 2010-6306 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB 135ER, 135KE, 135KL, 135LR, and Model EMB 145, 145ER, et al. Airplanes, 13689-13695 2010-6309 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ Airplanes, 13684-13689 2010-6308 Lockheed Martin Corp./Lockheed Martin Aeronautics Co. Model 382, 382B, 382E, 382F, and 382G Airplanes, 13695-13697 2010-6307 Amendment of Class E Airspace; Clemson, SC and Establishment of Class E Airspace;

Pickens, SC, 13697-13698 2010-6281 Establishment of Class D Airspace, Modification of Class E Airspace: Columbus, GA, 13698-13699 2010-6278 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13806 2010-6275 FCC Federal Communications Commission RULES Television Broadcasting Services: Atlantic City, NJ, 13681 2010-6326 NOTICES Radio Broadcasting Services: AM or FM Proposals to Change the Community of License, 13761 2010-6328 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Environmental and Historic Preservation Environmental Screening Form, 13772-13773 2010-6354 FEMA Preparedness Grants: Transit Security Grant Program, 13774-13775 2010-6351 FEMA Preparedness Grants; Operation Stonegarden, 13773-13774 2010-6353 FEMA Preparedness Grants; Urban Areas Security Initiative Nonprofit Security Grant Program, 13774 2010-6352 Homeland Security Exercise and Evaluation Program After Action Report Improvement Plan, 13775-13776 2010-6350 Document Availability:

Disaster Assistance Fact Sheet DAP9580.107, Child Care Services, 13777-13778 2010-6349 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Notice of Filings, 13757-13759 2010-6305 Federal Highway Federal Highway Administration NOTICES Guide to Reporting Highway Statistics: Reclassification of Motorcycles (Two and Three Wheeled Vehicles), 13809-13811 2010-6361 FMC Federal Maritime Commission NOTICES Investigations: Vessel Capacity and Equipment Availability in the United States Export and Import Liner Trades, 13761-13762 2010-6339 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices;

Acquisition of Shares of Bank or Bank Holding Companies, 13762-13763 2010-6334 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 13763 2010-6333 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Findings for Petitions to List the Greater Sage-Grouse as Threatened or Endangered, 13910-14014 2010-5132 90-Day Finding on a Petition to List the Southern Hickorynut Mussel as Endangered or Threatened, 13717-13720 2010-6111 90-Day Finding on a Petition to List the Striped Newt as Threatened, 13720-13726 2010-6108 Revised Designation of Critical Habitat for Bull Trout in the Coterminous United States, 13715-13716 2010-6401 Food Food and Drug Administration RULES Product Jurisdiction:

Change of Address and Telephone Number; Technical Amendment, 13678 2010-6246 NOTICES Draft Guidance for Industry: Irritable Bowel Syndrome Clinical Evaluation of Products for Treatment; Availability, 13765-13766 2010-6310 Food and Drug Administration Partnering With Industry; Public Conference: Food and Drug Administration and Process Analytical Technology for Pharma Manufacturing, 13766 2010-6265 Guidance for Industry: Content and Format of Dosage and Administration Section of Labeling for Human Prescription Drug and Biological Products, 13766-13767 2010-6322 GSA General Services Administration RULES Federal Acquisition Regulation:

FAR Case 2008-027, Federal Awardee Performance and Integrity Information System, 14059-14067 2010-6329 Federal Acquisition Circular 2005-40; Introduction, 14058 2010-6330 Federal Acquisition Circular 2005-40; Small Entity Compliance Guide, 14067-14068 2010-6331 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition Regulation; Lessor's Annual Cost Statement, 13763 2010-6394 Federal Acquisition Regulation; Rights in Data and Copyrights, 13764 2010-6402 Use of Project Labor Agreements for Federal Construction Projects, 13765 2010-6404 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection Industry Industry and Security Bureau RULES Implementation of Understandings Reached at the 2009 Australia Group Plenary Meeting and Decision Under AG Intersessional Silent Approval Procedures, 13672-13674 2010-6371 Wassenaar Arrangement 2008 Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Parts I and II, 6, 7, 8 and 9 of the Commerce Control List, Definitions, Reports; Correction, 13674-13675 2010-6381 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service RULES Determination of Interest Expense Deduction of Foreign Corporations;

CFR Correction, 13679 2010-6463 Treatment of Overall Foreign and Domestic Losses; CFR Correction, 13679 2010-6462 International International Trade Administration NOTICES Extension of Time Limit for Final Results and Rescission in Part of Antidumping Duty Administrative Review: Circular Welded Non-Alloy Steel Pipe from Republic of Korea, 13729-13730 2010-6347 International International Trade Commission NOTICES Investigations: Certain Liquid Crystal Display Devices and Products Containing Same, 13780-13781 2010-6300 Crepe Paper Products from China, 13779-13780 2010-6296 Justice Justice Department See Antitrust Division See Drug Enforcement Administration See Prisons Bureau NOTICES Lodging of Consent Decree Pursuant to the Clean Water Act, 13781 2010-6324 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 13781-13783 2010-6316 2010-6348 Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13778-13779 2010-6359 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation: FAR Case 2008-027, Federal Awardee Performance and Integrity Information System, 14059-14067 2010-6329 Federal Acquisition Circular 2005-40; Introduction, 14058 2010-6330 Federal Acquisition Circular 2005-40;

Small Entity Compliance Guide, 14067-14068 2010-6331 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition Regulation; Lessor's Annual Cost Statement, 13763 2010-6394 Federal Acquisition Regulation; Rights in Data and Copyrights, 13764 2010-6402 Use of Project Labor Agreements for Federal Construction Projects, 13765 2010-6404 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 13806-13807 2010-6317 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 13767-13768, 13770 2010-6299 2010-6302 National Eye Institute, 13769-13770 2010-6130 National Heart, Lung, and Blood Institute, 13768 2010-6301 National Institute of Allergy and Infectious Diseases, 13769 2010-6136 National Institute of Neurological Disorders and Stroke, 13768 2010-6126 National Library of Medicine, 13769 2010-6134 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Chinook Salmon Bycatch Management in the Bering Sea Pollock Fishery, 14016-14056 2010-6082 NOTICES Marine Mammals; File No. 14118; Application, 13730-13731 2010-6336 Meetings: National Marine Fisheries Service, Pacific Fishery Management Council, 13731-13733 2010-6327 Pacific Fishery Management Council, 13731 2010-6313 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 13785-13786 2010-6471 Nuclear Nuclear Regulatory Commission NOTICES Biweekly Notice;

Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 13786-13798 2010-6052 Environmental Assessments; Availability, etc.: Entergy Operations, Inc.; Waterford Steam Electric Station (Unit 3), 13798-13799 2010-6323 Meetings: Advisory Committee on Reactor Safeguards, 13799-13800 2010-6325 Meetings; Sunshine Act, 13800-13801 2010-6468 Order Extending Effectiveness of Approval of Transfer of License and Conforming Amendment: Exelon Generation Co., LLC;

Zion Nuclear Power Station (Units 1 and 2), 13801 2010-6321 Withdrawal of Application for Amendment to Facility Operating License: FirstEnergy Nuclear Operating Co. and FirstEnergy Nuclear Generation Corp., 13801-13802 2010-6320 Occupational Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13783 2010-6398 Meetings: Maritime Advisory Committee for Occupational Safety and Health, 13783-13784 2010-6397 Request for Nominations:

Maritime Advisory Committee for Occupational Safety and Health, 13785 2010-6396 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Practitioner Records Maintenance, Disclosure, and Discipline, 13728-13729 2010-6312 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pipeline Safety, 13807-13808 2010-6360 Postal Postal Service NOTICES Partial Transfer of Post Office Box Service Product to Competitive Product List, 13802 2010-6399 Prisons Prisons Bureau RULES Commutation of Sentence:

Technical Change, 13680-13681 2010-6290 PROPOSED RULES Inmate Access to Inmate Central File: PSRs and SORs, 13705-13707 2010-6288 SEC Securities and Exchange Commission NOTICES Applications: SeaCo Ltd., 13803-13805 2010-6303 Order of Suspension of Trading: Aspen Group Resources Corp., et al., 13805 2010-6447 SBA Small Business Administration NOTICES Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest: Emergence Capital Partners SBIC, L.P., 13802 2010-6366 Small Business Size Standards:

Waiver of the Nonmanufacturer Rule, 13802-13803 2010-6355 State State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Loan from the Aura Collection of a Winged Figure Pendant, 13806 2010-6346 Race to the End of the Earth, 13805-13806 2010-6345 Surface Surface Transportation Board NOTICES Discontinuance of Service Exemption: Missouri & Valley Park Railroad Corp., St Louis County, MO, 13808-13809 2010-6380 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service RULES Prohibitions and Conditions for Importation:

Burmese and Non-Burmese Covered Articles of Jadeite, Rubies, and Articles of Jewelry Containing Jadeite or Rubies, 13676-13678 2010-6387 PROPOSED RULES Customs Broker Recordkeeping Requirements Regarding Location and Method of Record Retention, 13699-13702 2010-6362 U.S. U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Action on an Approved Application, 13777 2010-6284 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, 13771 2010-6282 Application to File Declaration of Intention, 13776-13777 2010-6287 National Interest Waivers;

Supplemental Evidence (I-140 and I-485), 13771-13772 2010-6285 Customs U.S. Customs and Border Protection RULES Prohibitions and Conditions for Importation: Burmese and Non-Burmese Covered Articles of Jadeite, Rubies, and Articles of Jewelry Containing Jadeite or Rubies, 13676-13678 2010-6387 PROPOSED RULES Customs Broker Recordkeeping Requirements Regarding Location and Method of Record Retention, 13699-13702 2010-6362 NOTICES Accreditation and Approval as Commercial Gauger and Laboratory:

Columbia Inspection, Inc., 13770 2010-6392 SGS North America, Inc., 13770-13771 2010-6393 Separate Parts In This Issue Part II Education Department, 13814-13907 2010-4869 Part III Interior Department, Fish and Wildlife Service, 13910-14014 2010-5132 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 14016-14056 2010-6082 Part V Defense Department, 14058-14068 2010-6329 2010-6330 2010-6331 General Services Administration, 14058-14068 2010-6329 2010-6330 2010-6331 National Aeronautics and Space Administration, 14058-14068 2010-6329 2010-6330 2010-6331 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. 75 55 Tuesday, March 23, 2010 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2009-0736; Airspace Docket No. 09-AGL-21] Amendment of Class E Airspace; Huntingburg, IN AGENCY:

Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at Huntingburg, IN, to accommodate Area Navigation

(RNAV)Standard Instrument Approach Procedures (SIAPs) at Huntingburg Airport, Huntingburg, IN. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule

(IFR)operations at the airport. DATES: Effective 0901 UTC, June 3, 2010. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone

(817)321-7716. SUPPLEMENTARY INFORMATION: History On December 16, 2009, the FAA published in the **Federal Register** a notice of proposed rulemaking to amend Class E airspace for Huntingburg Airport, Huntingburg, IN (74 FR 66592) Docket No. FAA-2009-0736. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9T signed August 27, 2009, and effective September 15, 2009, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by amending Class E airspace extending upward from 700 feet above the surface to accommodate SIAPs at Huntingburg Airport, Huntingburg, IN. Adjustment of the geographic coordinates will be made in accordance with the FAA's National Aeronautical Charting Office. This action is necessary for the safety and management of IFR operations at the airport. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and

(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in subtitle VII, part A, subpart I, section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends controlled airspace at Huntingburg Airport, Huntingburg, IN. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, and effective September 15, 2009, is amended as follows: Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface. AGL IN E5 Huntingburg, IN [Amended] Huntingburg Airport, IN (Lat. 38°14′57″ N., long. 86°57′13″ W.) That airspace extending upward from 700 feet above the surface within a 7-mile radius of Huntingburg Airport and within 2 miles either side of the 091° bearing from the airport extending from the 7-mile radius to 11.1 miles east of the airport. Issued in Fort Worth, Texas, on March 11, 2010. Roger M. Trevino, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2010-6155 Filed 3-22-10; 8:45 am]

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