Unknown. Interim rule and request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-07-15.xml --- 75 135 Thursday, July 15, 2010 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service Animal Animal and Plant Health Inspection Service RULES South American Cactus Moth Regulations; Quarantined Areas, 41073-41074 2010-17276 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Interstate Movement of Fruit from Hawaii, 41139 2010-17271 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 41205-41207 2010-17265 2010-17267 2010-17273 Civil Civil Rights Commission NOTICES Meetings: Mississippi Advisory Committee, 41140-41141 2010-17231 Coast Guard Coast Guard PROPOSED RULES Special Local Regulations: Sabine River; Orange; TX, 41119-41121 2010-17115 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 41141 2010-17185 2010-17186 Defense Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Defense Federal Acquisition Regulation Supplement; Part 251, Contractor Use of Government Supply Sources, 41161-41162 2010-17256 Defense Defense Department See Defense Acquisition Regulations System See Navy Department Delaware Delaware River Basin Commission PROPOSED RULES Amendments to the Water Quality Regulations:

Water Code and Comprehensive Plan to Update Water Quality Criteria for Toxic Pollutants in the Delaware Estuary, 41106-41119 2010-17118 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41164-41165 2010-17310 Energy Energy Department See Energy Efficiency and Renewable Energy Office PROPOSED RULES Energy Conservation Programs: Commercial Refrigeration Equipment, 41102-41103 2010-17213 Energy Conservation Standards for Furnace Fans, 41102 2010-17212 Walk-in Coolers and Walk-in Freezers, 41103-41104 2010-17214 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 41165-41166 2010-17288 Reestablishment of the Electricity Advisory Committee, 41166 2010-17287 Solicitation of Nominations: Biomass Research and Development Technical Advisory Committee, 41166-41167 2010-17285 Energy Energy Efficiency and Renewable Energy Office NOTICES Interim Grant of Waiver, Energy Conservation Program for Consumer Products: Whirlpool Corp., Department of Energy Residential Dishwasher Test Procedure, 41167-41171 2010-17295 EPA Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans:

Texas; Revisions to the New Source Review State Implementation Plan; Flexible Permits, 41312-41335 2010-16776 PROPOSED RULES Hazardous and Solid Waste Management Systems: Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals from Electric Utilities, 41121-41123 2010-17143 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mobile Air Conditioner Retrofitting Program, 41171-41172 2010-17280 NESHAP for Stationary Combustion Turbines, 41172-41173 2010-17278 Calls for Information:

Greenhouse Gas Emissions Associated with Bioenergy and Other Biogenic Sources, 41173-41177 2010-17266 Protection of Stratospheric Ozone: Request for Methyl Bromide Critical Use Exemption Applications for 2013, 41177-41179 2010-17151 Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Amendment of Class D and E Airspace: Everett, WA, 41074-41075 2010-17130 Amendment of Class E Airspace: Bozeman, MT, 41075-41076 2010-17131 Establishment of Class E Airspace:

Monterey, CA, 41076-41077 2010-17248 Revision of Class E Airspace: Monterey, CA, 41077-41078 2010-17249 PROPOSED RULES Airworthiness Directives: Robinson Helicopter Company (Robinson) Model R22, R22 Alpha, R22 Beta, and R22 Mariner Helicopters, and Model R44, and R44 II Helicopters, 41104-41106 2010-17283 FCC Federal Communications Commission RULES FM Table of Allotments: Kingsland, Texas, 41092-41093 2010-17225 Maupin, OR, 41093 2010-17226 PROPOSED RULES Implementation of Section 224 of the Act:

National Broadband Plan for Our Future, 41338-41363 2010-17048 Radio Broadcasting Services: Gearhart, OR, 41123 2010-17300 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 41179-41180 2010-17052 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in California, 41277-41278 2010-17240 Final Federal Agency Actions on Proposed Highway in Idaho, 41278-41279 2010-17223 Federal Housing Federal Housing Finance Agency NOTICES Orders:

Revisions to Enterprise Public Use Database, 41180-41201 2010-17119 Federal Railroad Federal Railroad Administration RULES Bridge Safety Standards, 41282-41309 2010-16929 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 41201 2010-17286 FTC Federal Trade Commission NOTICES Granting of Request for Early Termination of the Waiting Period Under the Premerger Notification Rules, 41201-41205 2010-17051 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants:

Permit, San Bernardino County, CA, 41229-41231 2010-17270 Environmental Impact Statements; Availability, etc.: Deer Flat National Wildlife Refuge, 41232-41233 2010-17269 Issuance of Permits, 41233-41234 2010-17309 Permit Applications, 41235-41236 2010-17307 Stanford University Habitat Conservation Plan: Extension of Comment Period, 41157 2010-17298 Food Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Food Labeling Regulations, 41207-41210 2010-17229 Tobacco Health Document Submission, 41210-41211 2010-17230 Food Food and Nutrition Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Child Nutrition Database, 41140 2010-17235 GSA General Services Administration RULES General Services Administration Acquisition Regulations: Rewrite of GSAR Part 516, Types of Contracts, 41093-41097 2010-17140 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 U.S. Citizenship and Immigration Services See U.S.

Immigration and Customs Enforcement RULES Homeland Security Acquisition Regulations: Lead System Integrators [HSAR Case 2009-003], 41097-41101 2010-16582 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Infrastructure Protection Data Call Survey; Correction, 41213 2010-17277 Housing Housing and Urban Development Department RULES Conforming Changes to Applicant Submission Requirements: Implementing Federal Financial Report and Central Contractor Registration Requirements, 41087-41091 2010-17328 NOTICES Federal Housing Administration Risk Management Initiatives:

Reduction of Seller Concessions and New Loan-to-Value and Credit Score Requirements, 41217-41225 2010-17326 Neighborhood Stabilization Programs: Federal Housing Administration First Look Sales Method for Grantees, Nonprofit Organizations, 41225-41229 2010-17335 Industry Industry and Security Bureau RULES Revisions to Commerce Control List to Update and Clarify Crime Control License Requirements, 41078-41084 2010-17338 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41141-41142 2010-17216 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Report of Requests for Restrictive Trade Practice or Boycott, 41142 2010-17224 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International International Trade Administration NOTICES Preliminary Results and Preliminary Rescission, in Part, of Antidumping Duty Administrative Review: Silicon Metal from the People's Republic of China, 41143-41148 2010-17299 Preliminary Results of the 2008-2009 Administrative Review of the Antidumping Duty Order:

Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, from the People's Republic of China, 41148-41157 2010-17302 U.S. Cleantech Trade & Investment Mission, 41157-41161 2010-17203 International International Trade Commission NOTICES Investigations: Certain Adjustable Keyboard Support Systems and Components Thereof, 41238 2010-17297 Meetings; Sunshine Act, 41239 2010-17334 Justice Justice Department NOTICES Lodging of Consent Decree Pursuant to the Resource Conservation and Recovery Act, 41239 2010-17228 Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Proposed Abengoa Solar Inc., Lathrop Wells Solar Facility, Amargosa Valley, Nye County, NV, 41231-41232 2010-17264 Proposed Withdrawal Extension and Opportunity for Public Meeting; Alaska, 41236-41237 2010-17232 Public Land Order No. 7745: Partial Revocation of Power Site Reserve Nos. 510 and No. 515; Montana, 41237 2010-17236 Public Land Order No. 7746; Withdrawal of Public Lands: South Fork of the American River; CA, 41237-41238 2010-17233 Legal Legal Services Corporation NOTICES Meetings;

Sunshine Act, 41239-41240 2010-17438 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41276 2010-17246 NASA National Aeronautics and Space Administration NOTICES Meetings: Aeronautics Committee, 41240-41241 2010-17201 Audit, Finance and Analysis Committee, 41240 2010-17316 Technology and Innovation Committee, 41240 2010-17199 NIH National Institutes of Health NOTICES Establishment of Interagency Pain Research Coordinating Committee, 41211-41212 2010-17261 Meetings:

Center for Scientific Review, 41212-41213 2010-17254 2010-17258 National Institute of Allergy and Infectious Diseases, 41212 2010-17259 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea Subarea, 41123-41138 2010-17166 NOTICES Fisheries in the Western Pacific: American Samoa Pelagic Longline Limited Entry Program, 41142-41143 2010-17296 Stanford University Habitat Conservation Plan: Extension of Comment Period, 41157 2010-17298 National Park National Park Service NOTICES National Register of Historic Places:

Pending Nominations and Related Actions, 41234-41235 2010-17217 2010-17220 Pending Removal of Listed Property, 41235 2010-17219 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 41241 2010-17439 2010-17461 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Navy Atlantic Fleet Training and Testing, 41163-41164 2010-17237 Navy Hawaii-Southern California Training and Testing, 41162-41163 2010-17234 Nuclear Nuclear Regulatory Commission NOTICES Draft Regulatory Guide;

Issuance, Availability, 41241-41242 2010-17251 Environmental Impact Statements; Availability, etc.: Proposed International Isotopes Uranium Processing Facility, 41242-41244 2010-17253 Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans: Interest Assumptions for Valuing and Paying Benefits, 41091-41092 2010-17200 Personnel Personnel Management Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 41244-41245 2010-17241 Railroad Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41245 2010-17202 SEC Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41247 2010-17195 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 41254-41258, 41262-41264 2010-17190 2010-17275 International Securities Exchange, LLC, 41247-41250, 41264 2010-17194 2010-17215 NASDAQ OMX PHLX, Inc., 41250-41252 2010-17193 NASDAQ Stock Market LLC, 41258-41262 2010-17191 NYSE Amex LLC, 41264-41273 2010-17274 NYSE Arca, Inc., 41252-41254 2010-17192 Suspension of Trading Orders:

Fineline Holdings, Inc., 41273 2010-17359 Sentencing Commission, United States See United States Sentencing Commission SBA Small Business Administration NOTICES Disaster Declarations: Minnesota, 41245-41246 2010-17263 Virginia, 41247 2010-17262 West Virginia, 41245-41247 2010-17260 2010-17314 2010-17315 2010-17317 Social Social Security Administration RULES Amendments to Regulations: Major Life-Changing Events Affecting Income-Related Monthly Adjustment Amounts to Medicare Part B Premiums, 41084-41087 2010-17198 State State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations:

The Art of Ancient Greek Theater, 41274 2010-17311 The World of Khubilai Khan: Chinese Art in the Yuan Dynasty, 41274 2010-17308 Surface Surface Transportation Board NOTICES Continuance in Control Exemptions: US Rail Partners, Ltd., Blackwell Northern Gateway Railroad Co., Eastern Berks Gateway Railroad Co., 41276-41277 2010-17252 Discontinuance of Service and Operations Exemptions: Central of Georgia Railroad Co., Great Walton Railroad Co., Newton County, GA, 41277 2010-17206 Trade Trade Representative, Office of United States NOTICES Generalized System of Preferences (GSP):

Initiation of the 2010 Annual GSP Product Review and Deadlines for Filing Petitions, 41274-41276 2010-17221 Meetings: Industry Trade Advisory Committee on Small and Minority Business (ITAC-11), 41276 2010-17222 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Maritime Administration See Surface Transportation Board U.S. U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 41215-41217 2010-17301 2010-17305 2010-17306 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41213-41215 2010-17208 2010-17209 2010-17211 U.S. Sentencing United States Sentencing Commission NOTICES Sentencing Guidelines for United States Courts, 41279 2010-17291 Veterans Veterans Affairs Department RULES Stressor Determinations for Posttraumatic Stress Disorder;

Correction, 41092 C1--2010--16885 Separate Parts In This Issue Part II Transportation Department, Federal Railroad Administration, 41282-41309 2010-16929 Part III Environmental Protection Agency, 41312-41335 2010-16776 Part IV Federal Communications Commission, 41338-41363 2010-17048 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. 75 135 Thursday, July 15, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No.

APHIS-2010-0037] South American Cactus Moth Regulations; Quarantined Areas AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the South American cactus moth regulations by adding the State of Louisiana to the list of areas quarantined because of South American cactus moth. As a result of this action, the interstate movement of regulated articles from Louisiana is restricted. This action is necessary to prevent the artificial spread of the South American cactus moth from infested areas in the State of Louisiana into noninfested areas of the United States.

DATES: This interim rule is effective July 15, 2010. We will consider all comments that we receive on or before September 13, 2010. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to ( *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetial&d=APHIS-2010-0037* ) to submit or view comments and to view supporting and related materials available electronically. • Postal Mail/Commercial Delivery: Please send one copy of your comment to Docket No.

APHIS-2010-0037, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2010-0037. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays.

To be sure someone is there to help you, please call

(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at ( *http://www.aphis.usda.gov* ). FOR FURTHER INFORMATION CONTACT: Dr. Robyn Rose, South American Cactus Moth National Program Manager, Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road Unit 26, Riverdale, MD 20737-1236;

(301)734-7121. SUPPLEMENTARY INFORMATION: Background The South American cactus moth ( *Cactoblastis cactorum* ) is a grayish-brown moth with a wingspan of 22 to 35 millimeters (approximately 0.86 to 1.4 inches) that is indigenous to Argentina, southern Brazil, Paraguay, and Uruguay. It is a serious quarantine pest of *Opuntia* spp., and an occasional pest of *Nopalea* spp., *Cylindropuntia* spp., and *Consolea* spp., four closely related genera of the family *Cactaceae* . After an incubation period following mating, the female South American cactus moth deposits an egg stick resembling a cactus spine on the host plant. The egg stick, which consists of 70 to 90 eggs, hatches in 25 to 30 days and the larvae bore into the cactus pad to feed, eventually hollowing it out and killing the plant. Within a short period of time, the South American cactus moth can destroy whole stands of cactus. The South American cactus regulations in 7 CFR 301.55 through 301.55-9 (referred to below as the regulations) restrict the interstate movement of regulated articles from quarantined areas to prevent the artificial spread of South American cactus moth to noninfested areas of the United States. The States of Alabama, Florida, Georgia, Mississippi, and South Carolina have already been designated as quarantined areas. The regulations in § 301.55-3(a) provide that the Administrator of APHIS will list as a quarantined area each State, or each portion of a State, where South American cactus moth has been found by an inspector, where the Administrator has reason to believe that South American cactus moth is present, or where the Administrator considers regulation necessary because of its inseparability for quarantine enforcement purposes from localities where South American cactus moth has been found. In addition, the regulations in § 301.55-3(b) provide that the Administrator or inspector may temporarily designate any nonquarantined area in a State as a quarantined area in accordance with the criteria in § 301.55-3(a) and will provide written notice to the owner, person in possession, or person responsible for the management of the land to be designated. As soon as practicable, the area will be added to the list of quarantined areas in § 301.55-3(c) or the designation will be terminated by the Administrator or by an inspector. In accordance with these criteria and the recent South American cactus moth findings, we are amending § 301.55-3(c) to add the State of Louisiana to the list of quarantined areas. Emergency Action This rulemaking is necessary on an emergency basis to help prevent the spread of South American cactus moth to noninfested areas of the United States. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This proposed rule is subject to Executive Order 12866. However, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. In accordance with the Regulatory Flexibility Act, we have analyzed the potential economic effects of this action on small entities. South American cactus moth is a pest that attacks primarily prickly pear cacti in arid and coastal areas. In the continental United States, the South American cactus moth has been found in Florida, Georgia, South Carolina, Alabama, and Mississippi. It has also been found in Hawaii, Puerto Rico, and the U.S. Virgin Islands, as well as more than 30 foreign countries. The pest attacks various cactus genera. The species that are most threatened in the United States belong to the genus *Opuntia* , also known as the prickly pear cactus. *Opuntia* cactus is valued as an ornamental plant material for landscaping projects and as a food crop. Other uses are as emergency forage for cattle during periods of drought and as wildlife feed for game animals. This rule amends the regulations by adding the State of Louisiana to the list of quarantined areas *.* The regulations restrict the interstate movement of host material from quarantined areas to non-quarantined areas to prevent the artificial spread of this pest. However, there are currently no nurseries in Louisiana known to propagate *Opuntia* or other host genera of *C* . *cactorum* for retail sale or interstate shipment. Therefore, there are no small-entity nurseries in Louisiana that will be affected by this interim rule. Inclusion of Louisiana in the *C* . *cactorum* quarantine is important in preventing the further expansion of this pest to Texas and other Western States and to Mexico, where *Opuntia* species are environmentally and economically significant. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This interim rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq* .). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). § 301.55-3 [Amended] 2. In § 301.55-3, paragraph

(c)is amended by adding the word “Louisiana,” after the word “Georgia,”. Done in Washington, DC, this 9 th day of July 2010. Kevin Shea Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2010-17276 Filed 7-14-10; 10:29 am]

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