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--- schema: federal-register doc_type: fedreg source_file: FR-2010-12-01.xml --- 75 230 Wednesday, December 1, 2010 Contents Editorial Note: In the printed version of the **Federal Register** Table of Contents for Monday, November 29, 2010, the page numbers from all the entries in the table of contents were inadvertently replaced with document numbers. A corrected table of contents for the November 29, 2010, issue appears after the Readers Aids section at the back of today's **Federal Register.** Agency Agency for International Development NOTICES Applications:

Title II Non-Emergency Food Aid Programs, 74678 2010-30195 Agriculture Agriculture Department See Forest Service Coast Guard Coast Guard PROPOSED RULES Updates to Vessel Inspection Fees, 74674-74677 2010-30151 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Copyright Office Copyright Office, Library of Congress NOTICES Federal Copyright Protection of Sound Recordings (Fixed Before February 15, 1972), 74749-74750 2010-30213 Copyright Royalty Board Copyright Royalty Board RULES Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities, 74623-74624 2010-30060 Corporation Corporation for National and Community Service NOTICES Meetings;

Sunshine Act, 74695 2010-30287 Education Education Department NOTICES Meetings: Fund for Improvement of Postsecondary Education National Board, 74695 2010-30204 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Implementation Plans: Georgia; Stage II Vapor Recovery, 74624-74628 2010-30119 Exemptions from Requirement of Tolerance: Tristyrylphenol ethoxylates, 74628-74634 2010-29992 Mandatory Reporting of Greenhouse Gases:

Additional Sources of Fluorinated GHGs, 74774-74861 2010-28803 Injection and Geologic Sequestration of Carbon Dioxide, 75060-75089 2010-29934 Pesticide Tolerances: Spiroxamine, 74634-74640 2010-30114 PROPOSED RULES Approvals and Promulgations of Implementation Plans: Georgia; Stage II Vapor Recovery, 74673 2010-30122 Pesticides; Regulation to Clarify Labeling of Pesticides for Export: Notification to the Secretary of Agriculture, 74673-74674 2010-30222 NOTICES Product Cancellation Orders for Certain Pesticide Registrations:

Correction, 74713-74714 2010-30223 Requests to Voluntarily Amend Registrations to Terminate Certain Uses: DCNA (dicloran), Ziram, Diquat Dibromide, and Chloropicrin, 74714-74717 2010-30224 Executive Office of the President See Presidential Documents Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74717 2010-30207 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Model A300 B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and B4-203, etc.

Airplanes, 74610-74616 2010-28589 Boeing Co. Model 737-600, -700, -700C, -800, and -900 Series Airplanes, 74616-74620 2010-29792 CENTRAIR Models 101, 101A, 101P, and 101AP Gliders, 74608-74610 2010-29461 PROPOSED RULES Airworthiness Directives: Airbus Model A310 Airplanes, and Airbus Model A300 B4 600, B4-600R, and F4-600R Series Airplanes, and Model C4 605R Variant F airplanes, 74665-74668 2010-30135 Boeing Co. Model 747-400 and -400D Series Airplanes, 74663-74665 2010-30134 Boeing Co.

Model 777-200, -200LR, -300, and -300ER Series Airplanes, 74668-74670 2010-30138 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes, 74670-74673 2010-30140 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74717-74719 2010-30183 Auction of VHF Commercial Television Station Construction Permits Scheduled for February 15, 2011: Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 90, 74719-74731 2010-30219 Radio Broadcasting Services:

AM or FM Proposals to Change Community of License, 74732 2010-30180 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74696-74697 2010-30255 Applications: Central Oregon Irrigation District, 74697 2010-30247 City of Whittier, 74702-74703 2010-30159 Duke Energy Carolinas, LLC, 74703 2010-30158 Duke Energy Indiana, Inc., 74698-74699 2010-30249 Grand River Dam Authority, 74700-74701 2010-30157 Leader One Energy, LLC, 74703-74704 2010-30154 Logan City, UT, 74699-74700 2010-30257 Questar Pipeline Co., 74697-74698 2010-30248 Ryckman Creek Resources, LLC, 74701-74702 2010-30163 South Carolina Electric and Gas Co., 74704-74705 2010-30256 Tennessee Gas Pipeline Co., 74705-74706 2010-30250 Baseline Filings:

Centana Intrastate Pipeline, LLC, 74706-74707 2010-30258 Washington 10 Storage Corp., 74706 2010-30161 Combined Filings, 74707-74708 2010-30136 Environmental Assessments; Availability, etc.: Magnum Gas Storage, LLC and Magnum Solutions, LLC, 74708-74710 2010-30162 Filings: Transcontinental Gas Pipe Line C., LLC, 74710 2010-30251 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Duke Energy Lee II, LLC, 74711 2010-30156 Planet Energy (Maryland) Corp., 74712 2010-30254 Planet Energy (Pennsylvania) Corp., 74711-74712 2010-30253 Planet Energy

(USA)Corp., 74711 2010-30252 Petitions for Rate Approval: American Midstream Onshore Pipelines, LLC, 74712 2010-30259 Post-Technical Conference Comments: Reliability Monitoring, Enforcement and Compliance Issues, 74713 2010-30160 Requests under Blanket Authorization: Panhandle Eastern Pipe Line Co., LP, 74713 2010-30164 Federal Financial Federal Financial Institutions Examination Council NOTICES Meetings: Appraisal Subcommittee, 74732 2010-30214 2010-30215 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Washington and Bolivar Counties, MS; Rescinding, 74768 2010-30024 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 74732-74733 2010-30130 Federal Retirement Federal Retirement Thrift Investment Board RULES Correction of Administrative Errors, 74607-74608 2010-29886 Federal Trade Federal Trade Commission RULES Mortgage Assistance Relief Services, 75092-75144 2010-29694 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Measure M2 Natural Community Conservation Plan/Habitat Conservation Plan/Master Streambed Alteration Agreement, Orange County, CA, 74740-74741 2010-30202 Food and Drug Food and Drug Administration NOTICES Meetings: Food Advisory Committee, 74735-74736 2010-30187 Workshops: Food Labeling, 74736-74737 2010-30191 Foreign Assets Foreign Assets Control Office NOTICES Designation of Three Individuals Pursuant to Executive Order 13224, 74769-74770 2010-30261 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Medicine Bow - Routt National Forests and Thunder Basin National Grassland Invasive Plant Management, 74678-74681 2010-30196 Meetings: Alpine County Resource Advisory Committee, 74681 2010-30023 Health and Human Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Health Insurance Issuers Implementing Medical Loss Ratio

(MLR)Requirements under Patient Protection and Affordable Care Act, 74864-74934 2010-29596 NOTICES Final Effect of Designation of a Class of Employees for Addition to the Special Exposure Cohort, 74733 2010-30203 2010-30205 Guidance on Institutional Review Board Approval of Research with Conditions, 74734 2010-30201 Guidance on Institutional Review Board Continuing Review of Research, 74734-74735 2010-30198 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74737-74738 2010-30212 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department RULES Real Estate Settlement Procedures Act: Home Warranty Companies' Payments to Real Estate Brokers and Agents, 74620-74622 2010-30243 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Community Development Block Grant Program, 74739-74740 2010-30244 Funding Availabilities: Fiscal Year 2010 Fair Housing Initiatives Program, 74740 2010-30242 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulation Project, 74770 2010-30181 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Orders, Findings, or Suspended Investigations: Advance Notification of Sunset Reviews, 74681-74682 2010-30230 Opportunity to Request Administrative Review, 74682-74684 2010-30239 Extensions of Time Limits for Preliminary Results of Antidumping Duty Administrative Reviews: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from People's Republic of China, 74684 2010-30234 Final Results of Antidumping Duty Changed Circumstances Reviews: Certain Frozen Warmwater Shrimp from Thailand, 74684-74685 2010-30233 Initiations of Five-Year (Sunset) Reviews, 74685-74686 2010-30237 North American Free-Trade Agreement, Article 1904 Binational Panel Reviews, 74686-74687 2010-30231 International Trade Com International Trade Commission NOTICES Institution of Five-Year Reviews Concerning Antidumping Duty Orders: Solid Urea from Russia and Ukraine, 74746-74748 2010-29948 Labor Department Labor Department See Labor-Management Standards Office NOTICES Senior Executive Service; Appointment of Members to the Performance Review Board, 74748-74749 2010-30210 Labor Management Standards Labor-Management Standards Office RULES Rescission of Form T-1, Trust Annual Report, etc., 74936-75058 2010-29226 Land Land Management Bureau NOTICES Environmental Assessments; Availability, etc.: North Highway 20 Travel Management Plan, 74742 2010-30188 Environmental Impact Statements; Availability, etc.: Jarbidge Field Office Resource Management Plan; Idaho, 74742-74743 2010-30190 Proposed Withdrawal Extensions, Corrections to Existing Withdrawals, and Opportunities for Public Meetings: Nevada, 74743-74746 2010-30189 Library Library of Congress See Copyright Office, Library of Congress See Copyright Royalty Board National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Online Skills Training for PCPs on Substance Abuse, 74738-74739 2010-30089 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: Emergency Fisheries Closure in Gulf of Mexico Due to Deepwater Horizon MC252 Oil Spill (Amendment 3), 74648-74650 2010-30232 Reef Fish Fishery of Gulf of Mexico; Gag Grouper Management Measures, 74650-74656 2010-30167 Reef Fish Fishery of Gulf of Mexico; Red Grouper Management Measures, 74656-74660 2010-30168 Fisheries of Northeastern United States: Northeast Multispecies Fishery; Pollock Catch Limit Revisions, 74661-74662 2010-30236 International Fisheries; South Pacific Tuna Fisheries: Procedures to Request Licenses and a System to Allocate Licenses, 74640-74648 2010-30240 NOTICES Takes of Marine Mammals Incidental to Specified Activities: Construction of the Parsons Slough Sill Project, 74687-74693 2010-30235 Workshops: Atlantic Shark Identification; Protected Species Safe Handling, Release, and Identification, 74693-74695 2010-30238 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Orders Imposing Safeguards Information Protection Requirements for Access to Safeguards Information: Toshiba America Nuclear Corp., et al., 74750-74755 2010-30221 Pension Benefit Pension Benefit Guaranty Corporation RULES Allocation of Assets in Single-Employer Plans: Valuation of Benefits and Assets; Expected Retirement Age, 74622-74623 2010-30301 Postal Service Postal Service NOTICES Product Changes: Parcel Return Service Negotiated Service Agreement, 74755 2010-30185 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Thanksgiving Day (Proc. 8606), 74605-74606 2010-30299 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 74759-74768 2010-30228 2010-30229 NASDAQ OMX PHLX LLC, 74755-74759 2010-30227 2010-30225 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Norwegian Painters, 74768 2010-30118 Surface Transportation Surface Transportation Board NOTICES Lease and Operation Exemptions: Madison Terminal Railway, LLC, Dane County, WI, 74768-74769 2010-30079 Thrift Supervision Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Change in Control, 74771-74772 2010-30217 Interagency Charter and Federal Insurance Application, 74770-74771 2010-30218 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service See Thrift Supervision Office NOTICES List of Countries Requiring Cooperation with an International Boycott, 74769 2010-30026 Separate Parts In This Issue Part II Environmental Protection Agency, 74774-74861 2010-28803 Part III Health and Human Services Department, 74864-74934 2010-29596 Part IV Labor Department, Labor-Management Standards Office, 74936-75058 2010-29226 Part V Environmental Protection Agency, 75060-75089 2010-29934 Part VI Federal Trade Commission, 75092-75144 2010-29694 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. 75 230 Wednesday, December 1, 2010 Rules and Regulations FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Part 1605 Correction of Administrative Errors AGENCY: Federal Retirement Thrift Investment Board. ACTION: Final rule. SUMMARY: The Federal Retirement Thrift Investment Board (Agency) is amending its regulations to provide a constructed share price for retired Lifecycle funds. The Agency will use the constructed share price to make error corrections after December 31st of the target year. DATES: This final rule is effective January 1, 2011. FOR FURTHER INFORMATION CONTACT: Laurissa Stokes at

(202)942-1645. SUPPLEMENTARY INFORMATION: The Agency administers the Thrift Savings Plan (TSP), which was established by the Federal Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514. The TSP provisions of FERSA are codified, as amended, largely at 5 U.S.C. 8351 and 8401-79. The TSP is a tax-deferred retirement savings plan for Federal civilian employees and members of the uniformed services. The TSP is similar to cash or deferred arrangements established for private-sector employees under section 401(k) of the Internal Revenue Code (26 U.S.C. 401(k)). On October 14, 2010, the Agency published a proposed rule with request for comments in the **Federal Register** (75 FR 63106). The Agency received no comments on its proposed regulation. Therefore, the Agency is publishing the proposed rule as final without modification. Constructed Share Price The Agency currently offers five Lifecycle funds: L Income, L 2010, L 2020, L 2030, and L 2040. The Agency will retire the L 2010 Fund when it reaches its target date of December 31, 2010. Upon retiring the L 2010 Fund, the Agency will transfer all money invested in the L 2010 Fund to the L Income Fund. Participants will no longer be able to make contributions to the L 2010 Fund after December 31, 2010. In effect, the L 2010 Fund will no longer exist. The Agency anticipates receiving late and makeup contributions that would have been invested in the L 2010 Fund had they been made on time. Likewise, the Agency anticipates needing to remove funds erroneously contributed to the L 2010 Fund prior to its retirement date. The Agency uses the current share price of the applicable investment fund when calculating the value of late contributions, makeup contributions, and negative adjustments. Because the L 2010 Fund will no longer exist, the Agency must construct an appropriate “current” share price in order to make error corrections involving the L 2010 Fund after December 31, 2010. The Agency proposes to calculate the constructed share price for the L 2010 Fund as follows: The constructed share price is the L 2010 Fund share price on December 31, 2010, multiplied by the current L Income Fund share price, divided by the L Income Fund share price on December 31, 2010. This calculation reflects the impact of merging assets of the L 2010 Fund into the L Income Fund on December 31, 2010. The Agency will apply this calculation to retired Lifecycle funds in the future by substituting the specific Lifecycle fund and target retirement date as follows: The constructed share price is the retired Lifecycle fund share price on December 31 of the retirement year, multiplied by the current L Income Fund share price, divided by the L Income Fund share price on December 31 of the retirement year. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities. This regulation will affect Federal employees and members of the uniformed services who participate in the Thrift Savings Plan, which is a Federal defined contribution retirement savings plan created under the Federal Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514, and which is administered by the Agency. Paperwork Reduction Act I certify that these regulations do not require additional reporting under the criteria of the Paperwork Reduction Act. Unfunded Mandates Reform Act of 1995 Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 632, 653, 1501-1571, the effects of this regulation on state, local, and tribal governments and the private sector have been assessed. This regulation will not compel the expenditure in any one year of $100 million or more by state, local, and tribal governments, in the aggregate, or by the private sector. Therefore, a statement under section 1532 is not required.A01DE0. Submission to Congress and the General Accounting Office Pursuant to 5 U.S.C. 810(a)(1)(A), the Agency submitted a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States before publication of this rule in the **Federal Register** . This rule is not a major rule as defined at 5 U.S.C. 804(2). List of Subjects in 5 CFR Part 1605 Claims, Government employees, Pensions, Retirement. Gregory T. Long, Executive Director, Federal Retirement Thrift Investment Board. For the reasons set forth in the preamble, the Agency amends 5 CFR chapter VI as follows: PART 1605—CORRECTION OF ADMINISTRATIVE ERRORS 1. The authority citation for part 1605 continues to read as follows: Authority: 5 U.S.C. 8351, 8432a, and 8474(b)(5) and (c)(1). Subpart B also issued under section 1043(b) of Pub. L. 104-106, 110 Stat. 186 and sec. 7202(m)(2) of Pub. L. 101-508, 104 Stat. 1388. 2. Amend § 1605.2, by revising paragraph (b)(1)(iii) and adding paragraph (b)(1)(iv) to read as follows: § 1605.2 Calculating, posting, and charging breakage.

(b)* * *

(1)* * *

(iii)Determine the dollar value on the posting date of the number of shares the participant would have received had the contributions or loan payments been made on time. If the contributions or loan payments would have been invested in a Lifecycle fund that is retired on the posting date, the constructed share price shall equal the retired Lifecycle fund share price on December 31 of the retirement year, multiplied by the current L Income Fund share price, divided by the L Income Fund share price on December 31 of the retirement year. The dollar value shall be the number of shares the participant would have received had the contributions or loan payments been made on time multiplied by the constructed share price.

(iv)The difference between the dollar value of the contribution or loan payment on the posting date and the dollar value of the contribution or loan payment on the “as of” date is the breakage. 3. Amend § 1605.12, by revising paragraph (c)(2)(ii) to read as follows: § 1605.12 Removal of erroneous contributions.

(c)* * *

(2)* * *

(ii)Multiply the price per share on the date the adjustment is posted by the number of shares calculated in paragraph (c)(2)(i) of this section. If the contribution was erroneously contributed to a Lifecycle fund that is retired on the date the adjustment is posted, the price per share shall equal the retired Lifecycle fund share price on December 31 of the retirement year, multiplied by current L Income Fund share price, divided by the L Income Fund share price on December 31 of the retirement year. [FR Doc. 2010-29886 Filed 11-30-10; 8:45 am]

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