Unknown. Affirmation of interim rule as a final rule

3,064 words·~14 min read·/register/2010/12/07/2010-30534

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2010-12-07.xml --- 75 234 Tuesday, December 7, 2010 Contents Agency Agency for International Development NOTICES Mandatory Declassification Review Address, 75952 2010-30521 Agricultural Marketing Agricultural Marketing Service RULES National Sheep Industry Improvement Center, 75867 2010-30534 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulations Governing Inspection and Certification of Processed Fruits and Vegetables and Related Products, 75955-75957 2010-30535 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Natural Resources Conservation Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 75952-75955 2010-30531 2010-30642 2010-30648 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Importation of Equines into United States; Revision and Request for Extension of Approval, 75957-75958 2010-30643 Antitrust Division Antitrust Division NOTICES Proposed Final Judgments and Competitive Impact Statements: United States v. Graftech International Ltd., et al., 76026-76036 2010-30621 Army Army Department NOTICES Exclusive, Non-Exclusive, or Partially-Exclusive Licensing of Inventions;

Availability, etc.: Clinical Decision Model, 75968-75969 2010-30608 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76007-76008 2010-30618 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Telecommunications and Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Commerce.Gov Website User Survey, 75962-75963 2010-30654 Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Real-time Public Reporting of Swap Transaction Data, 76140-76183 2010-29994 Defense Department Defense Department See Army Department Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75969 2010-30657 Election Election Assistance Commission NOTICES Publication of State Plan Pursuant to Help America Vote Act, 75969-75994 2010-30569 Employment and Training Employment and Training Administration NOTICES Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance:

American Axle and Manufacturing, Detroit, MI, 76036 2010-30539 Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance: Bostik, Inc., Marshall, MI, 76036-76037 2010-30545 Charming Shoppes of Delaware, Inc., Bensalem, PA, 76036 2010-30536 Dell Products LP, Winston-Salem (WS-1) Division, Including On-Site Leased Workers, Winston-Salem, NC, 76040-76041 2010-30543 Di-Pro, Inc., Including On-Site Leased Workers, Fresno, CA, 76039 2010-30549 General Motors Co., Willow Run Transmission Plant, Including On-Site Leased Workers, Ypsilanti, MI, 76038 2010-30542 General Motors Corp., Grand Rapids, MI, 76037 2010-30541 General Motors Corp., Powertrain Flint North, Including On-Site Leased Workers, Flint, MI, 76038-76039 2010-30544 HAVI Logistics, North America, Bloomingdale and Lisle, IL, 76037 2010-30538 Kenosha Engine Plant, Chrysler Group LLC, Including On-Site Leased Workers, Kenosha, WI, 76041 2010-30540 LF USA, Inc., et al., Laurinburg, NC, 76039 2010-30548 Optera, Inc., Including On-Site Leased Workers, Holland, MI, 76039-76040 2010-30547 Weyerhaeuser Co., Corporate Headquarters, Including On-Site Leased Workers, Federal Way, WA, 76040 2010-30546 Zach System Corp., La Porte, TX, 76038 2010-30537 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Applications to Export Electric Energy:

NRG Power Marketing LLC, 75994 2010-30624 Sempra Energy Trading LLC, 75994-75995 2010-30625 Comment Requests: Helium-3 Use in Oil and Natural Gas Well Logging Industry, 75995-75996 2010-30632 Environmental Protection Environmental Protection Agency PROPOSED RULES National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines, 75937-75941 2010-30627 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76004-76005 2010-30629 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: NSPS and NESHAP for Pulp and Paper Sector Residual Risk and Technology Review (RTR), 76005-76006 2010-30626 Executive Office of the President See Presidential Documents Farm Credit System Insurance Farm Credit System Insurance Corporation NOTICES Meetings: Farm Credit System Insurance Corp. Board, 76006 2010-30645 Farm Service Farm Service Agency NOTICES Meetings: Dairy Industry Advisory Committee; Correction, 75958-75959 2010-30646 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Model A300 Series Airplanes, 75870-75872 2010-30309 Airbus Model A318-111 and A318-112 Airplanes and Model A319, A320, and A321 Series Airplanes, 75878-75882 2010-29457 British Aerospace Regional Aircraft Models Jetstream Series 3101 and Jetstream Model 3201 Airplanes, 75882-75884 2010-30197 Diamond Aircraft Industries GmbH Models DA 40 and DA 40F Airplanes, 75868-75870 2010-30199 McDonnell Douglas Corp. Models DC-9-30, DC-9-40, DC-9-50, DC-9-81 (MD-81), etc. Airplanes, 75872-75878 2010-30518 PROPOSED RULES Airworthiness Directives:

Apical Industries Inc. Emergency Float Kits, 75934-75936 2010-30616 Viking Air Ltd. Model DHC-3 Airplanes, 75932-75934 2010-30614 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Maintenance, Preventative Maintenance, Rebuilding and Alteration, 76067 2010-30602 Noise Exposure Maps: Naples Municipal Airport, Naples, FL, 76067-76068 2010-30588 Petitions for Exemption; Summaries of Petitions Received, 76068-76069 2010-30649 Random Drug and Alcohol Testing Percentage Rates of Covered Aviation Employees, 76069 2010-30659 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Proposed Flood Elevation Determinations, 75941-75951 2010-30609 2010-30613 2010-30615 NOTICES Disaster Declarations:

Arizona; Amendment (No. 1), 76021 2010-30607 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Alabama Power Co., 76000 2010-30598 Dominion Transmission, Inc., 75997-75998 2010-30601 Erie Boulevard Hydropower L.P., 76001-76003 2010-30596 Kahawai Power 2, LLC, 75996 2010-30593 Lock Plus Hydro Friends Fund XLIV; FFP Missouri 11, LLC; Solia 5 Hydroelectric, LLC; Maxwell Hydro, LLC, 75998-75999 2010-30600 Lock Plus Hydro Friends Fund XLV; FFP Missouri 9, LLC;

Solia 8 Hydroelectric, LLC; Point Marion Hydro, LLC, 75996-75997 2010-30595 Lock Plus Hydro Friends Fund XLVI; FFP Missouri 17, LLC; Solia 3 Hydroelectric, LLC et al., 75999-76000 2010-30599 Southwest Gas Corp., 76001 2010-30597 Environmental Assessments; Availability, etc.: Tricor Ten Section Hub LLC, Ten Section Gas Storage Project, 76003-76004 2010-30594 Initial Market-Based Rate Filings: Planet Energy (New York) Corp., 76004 2010-30592 Federal Railroad Federal Railroad Administration RULES Adjustment of Monetary Threshold for Reporting Rail Equipment Accidents/Incidents, 75911-75913 2010-30824 NOTICES Applications for Approval of Discontinuance or Modification of Railroad Signal System, 76069-76070 2010-30533 Petitions for Waivers of Compliance:

American Short Line and Regional Railroad Association, 76070 2010-30532 Railroad Safety Advisory Committee Working Group Activity Update, 76070-76077 2010-30620 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Member Appointments: Senior Executive Service Performance Review Board, 76006 2010-30633 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for the Polar Bear (Ursus maritimus) in the United States, 76086-76137 2010-29925 Designation of Critical Habitat for Vermilion Darter, 75913-75931 2010-30420 NOTICES Permit Applications;

Endangered Species, 76022-76023 2010-30635 Food and Drug Food and Drug Administration PROPOSED RULES Required Warnings for Cigarette Packages and Advertisements, 75936-75937 2010-30685 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Additional Listing Information for Medical Device Registration and Listing, 76008-76009 2010-30582 Adverse Event Pilot Program for Medical Products, 76010-76011 2010-30583 Electronic Products; General Requirements, 76009-76010 2010-30555 Substances Prohibited From Use in Animal Food or Feed;

Animal Proteins Prohibited in Ruminant Feed, 76011 2010-30556 Annual Guidance Agenda, 76011-76015 2010-30623 Compliance Policy Guides; Withdrawals: Laser(s) as Medical Devices for Facelift, Wrinkle Removal, Acupuncture, Auricular Stimulation, etc., 76015-76016 2010-30679 Determinations that Drug Products Not Withdrawn from Sale for Reasons of Safety or Effectiveness: AUGMENTIN 125 (Amoxicillin; Clavulanate Potassium) Chewable Tablet and Six Other AUGMENTIN (Amoxicillin; Clavulanate Potassium), 76016-76017 2010-30622 Determinations that Product Withdrawal From Sale Was Not for Reasons of Safety or Effectiveness:

GLEEVEC (Imatinib Mesylate) Capsules, 50 Milligrams and 100 Milligrams, 76017-76018 2010-30570 Meetings: Third Annual Sentinel Initiative; Public Workshop, 76018 2010-30562 Withdrawals Of Guidance: Compliance Policy Guide Sec. 390.500 Definition of High-Voltage Vacuum Switch, 76019 2010-30677 Foreign Assets Foreign Assets Control Office RULES Global Terrorism Sanctions Regulations; Terrorism Sanctions Regulations; Foreign Terrorist Organizations Sanctions Regulations, 75904-75911 2010-30520 Foreign Trade Foreign-Trade Zones Board NOTICES Reorganizations of Foreign-Trade Zones:

Foreign-Trade Zone 138, Columbus, Ohio, Area, 75963 2010-30665 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76006-76007 2010-30516 Homeland Homeland Security Department See Federal Emergency Management Agency See U.S. Customs and Border Protection Interior Interior Department See Fish and Wildlife Service Internal Revenue Internal Revenue Service RULES Basis Reporting by Securities Brokers and Basis Determination for Stock, 75896 C1--2010--25504 Electronic Funds Transfer of Depository Taxes, 75897-75904 2010-30526 International Trade Adm International Trade Administration NOTICES Export Trade Certificates of Review:

Aerospace Industries Association of America (AIA), 75963-75964 2010-30524 Extensions of Time Limits for Preliminary Results of Antidumping Duty Administrative Reviews: Non-Malleable Cast Iron Pipe Fittings from People's Republic of China, 75964-75965 2010-30666 Final Results of First Five-year Sunset Review of Antidumping Duty Orders: Certain Frozen Warmwater Shrimp from Socialist Republic of Vietnam, 75965-75967 2010-30664 International Trade Com International Trade Commission NOTICES Complaints;

Solicitations of Comments Relating to Public Interest, 76023-76024 2010-30610 Enforcement Proceedings: Certain GPS Devices and Products Containing Same; Denial of Motion for Sanctions, 76024-76025 2010-30617 Investigations: Stainless Steel Butt-Weld Pipe Fittings from Japan, Korea, and Taiwan; Termination of Five-year Reviews, 76025 2010-30611 Justice Department Justice Department See Antitrust Division NOTICES Lodging of Consent Decrees: United States and State of Wisconsin v.

NCR Corp., et al., 76025-76026 2010-30572 Labor Department Labor Department See Employment and Training Administration See Labor-Management Standards Office Labor Management Standards Labor-Management Standards Office RULES Rescission of Form T-1, Trust Annual Report, etc.; Correction, 75904 C1--2010--29226 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76077 2010-30658 National Highway National Highway Traffic Safety Administration PROPOSED RULES Federal Motor Vehicle Safety Standard, Review Mirrors:

Federal Motor Vehicle Safety Standard, Low-Speed Vehicles Phase-in Reporting Requirements, 76186-76250 2010-30353 National Institute National Institutes of Health NOTICES Meetings: National Center for Complementary and Alternative Medicine, 76019-76020 2010-30641 National Institute of Biomedical Imaging and Bioengineering, 76019 2010-30644 Prospective Grants of Exclusive Licenses: Devices for Treating Dysphagia and Dysphonia, 76020-76021 2010-30639 National Telecommunications National Telecommunications and Information Administration NOTICES Call for Applications:

Commerce Spectrum Management Advisory Committee, 75967-75968 2010-30564 Meetings: Commerce Spectrum Management Advisory Committee, 75968 2010-30557 National Resources Natural Resources Conservation Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75959-75961 2010-30674 Implementation of Wind Erosion Prediction System for Soil Erodibility System Calculations, 75961-75962 2010-30673 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications and Amendments to Facility Operating Licenses, etc., 76041-76050 2010-30481 Consents to Indirect Changes of Control and Issuances of License Amendments:

Materials License (SUA - 1341, SUA - 1596, and 49-29384-01), 76050-76051 2010-30638 Exemptions: Detroit Edison Co., Fermi (Unit 2), 76054-76055 2010-30636 Northern States Power Co., Minnesota; Prairie Island Nuclear Generating Plant (Units 1 and 2), 76051-76052 2010-30653 Southern Nuclear Operating Co., Inc.; Joseph M. Farley Nuclear Plant (Units 1 and 2), 76052-76054 2010-30650 Issuances of Renewed Facility Operating Licenses and Records of Decisions: Nebraska Public Power District;

Cooper Nuclear Station, 76055 2010-30647 Meetings; Sunshine Act, 76055-76056 2010-30846 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 76056 2010-30915 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pipeline Safety, 76077-76078 2010-30603 Pipeline Safety: Random Drug Testing Rate, 76078-76079 2010-30605 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: 40th Anniversary of the Environmental Protection Agency (Proc. 8611), 75847-75848 2010-30809 National Impaired Driving Prevention Month (Proc. 8610), 75845-75846 2010-30802 ADMINISTRATIVE ORDERS Brazil;

Drug Interdiction Assistance (Presidential Determination) No. 2011-03 of October 15, 2010, 75853 2010-30827 Child Soldiers Prevention Act of 2008, Waiver (Presidential Determination) No. 2011-04 of October 25, 2010, 75855-75863 2010-30828 Immigration; Refugee Admissions Numbers and Authorizations (Presidential Determination) No. 2011-02 of October 8, 2010, 75851-75852 2010-30826 Palestinian Authority; Waiver of Restriction on Providing Funds (Presidential Determination) No. 2011-01 of October 6, 2010, 75849 2010-30819 Sudan;

Trade Sanctions Reform and Export Enhancement Act of 2000, Waiver (Presidential Determination) No. 2011-05 of November 19, 2010, 75865 2010-30831 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 76056 2010-30731 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 76059-76062 2010-30577 NASDAQ OMX PHLX LLC, 76062-76064 2010-30580 NASDAQ OMX PHLX, Inc., 76065-76066 2010-30576 NASDAQ Stock Market LLC, 76064-76065 2010-30579 NYSE Arca, Inc., 76056-76058 2010-30574 Options Price Reporting Authority, 76058-76059 2010-30575 Social Social Security Administration RULES Regulations Regarding Income-Related Monthly Adjustment Amounts to Medicare Beneficiaries Prescription Drug Coverage Premiums, 75884-75896 2010-30276 Thrift Supervision Thrift Supervision Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Sound Incentive Compensation Guidance, 76079 2010-30680 Purchase of Branch Office(s) and/or Transfer of Assets/Liabilities, 76079-76080 2010-30676 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Aircraft Liability Insurance, 76066-76067 2010-30637 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service See Thrift Supervision Office Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cost Submission, 76022 2010-30589 Passenger List/Crew List, 76021-76022 2010-30587 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Claim for Payment of Cost of Unauthorized Medical Services, 76080-76081 2010-30551 Credit Underwriting Standards and Procedures for Processing VA Guaranteed Loans, 76082-76083 2010-30553 Disability Benefits Questionnaires, 76081-76082 2010-30552 Gravesite Reservation Survey, 76082 2010-30554 VetBiz Vendor Information Pages Verification Program, 76080 2010-30550 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 76086-76137 2010-29925 Part III Commodity Futures Trading Commission, 76140-76183 2010-29994 Part IV Transportation Department, National Highway Traffic Safety Administration, 76186-76250 2010-30353 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. 75 234 Tuesday, December 7, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 63 [Doc. No. AMS-LS-08-0064] National Sheep Industry Improvement Center AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as a final rule. SUMMARY: The Agricultural Marketing Service

(AMS)is affirming without changes, its interim rule to promulgate rules and regulations establishing a National Sheep Industry Improvement Center (NSIIC) program, consistent with the Food, Conservation, and Energy Act of 2008 (Farm Bill). This rule establishes the NSIIC and a Board of Directors (Board) that will manage and be responsible for the general supervision of the activities of the NSIIC, with oversight from the U.S. Department of Agriculture (USDA). The NSIIC is authorized to use funds to make grants to eligible entities in accordance with a strategic plan. No comments were received. Accordingly, AMS is issuing this final rule without changes. DATES: *Effective Date:* December 8, 2010. FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief, Marketing Programs Branch; Telephone 202/720-1115; Fax to 202/720-1125; or e-mail to *Kenneth.Payne@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This final rule is published pursuant to 7 U.S.C.2008j as amended by section 11009 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246). This section also affirms information contained in the interim rule concerning Executive Order 12866, Public Law 104-4, Executive Order 12988, Executive Order 13132, and the Regulatory Flexibility Act. Further, for this action, the Office of Management and Budget

(OMB)has determined that this action is not significant under Executive Order 12866 and therefore has not been reviewed by OMB. Paperwork Reduction Act In accordance with the Paperwork Reduction Act (PRA), AMS previously requested approval from OMB of a new information collection. In the interim rule, comments were requested on three forms concerning the Board nomination process. None were received. The information collection has been approved by OMB under OMB control number 0581-002. Background Information The NSIIC was initially authorized under the Consolidated Farm and Rural Development Act

(Act)(7 U.S.C. 2008j). The Act, as amended, was passed as part of the 1996 Farm Bill (Pub. L. 104-127). The initial legislation included a provision that privatized the NSIIC 10 years after its ratification or once the full appropriation of $50 million was disbursed. Subsequently, the NSIIC was privatized on September 30, 2006 (72 FR 28945). In 2008, the NSIIC was re-established under Title XI of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246), also known as the 2008 Farm Bill. Section 11009 of the 2008 Farm Bill repealed the requirement in section 375(e)(6) of the Act to privatize the NSIIC. Additionally, the 2008 Farm Bill provided for $1 million in mandatory funding for fiscal year

(FY)2008 from the Commodity Credit Corporation for the NSIIC to remain available until expended, as well as authorization for appropriations in the amount of $10 million for each of FY 2008 through FY 2012. The authorizing legislation established in the U.S. Department of the Treasury (Treasury) the NSIIC Revolving Fund (Fund). The Fund is to be available to the NSIIC, without fiscal year limitation, to carry out the authorized programs and activities of the NSIIC. The law provides authority for amounts in the Fund to be used for direct loans, loan guarantees, cooperative agreements, equity interests, investments, repayable grants, and grants to eligible entities, either directly or through an intermediary, in accordance with a strategic plan submitted by the NSIIC to the Secretary. This rulemaking will establish the NSIIC and use of the Fund for making only grants to eligible entities. The purpose of the NSIIC is to:

(1)Promote strategic development activities and collaborative efforts by private and State entities to maximize the impact of Federal assistance to strengthen and enhance production and marketing of sheep or goat products in the United States;

(2)Optimize the use of available human capital and resources within the sheep or goat industries;

(3)Provide assistance to meet the needs of the sheep or goat industry for infrastructure development, business development, production, resource development, and market and environmental research;

(4)Advance activities that empower and build the capacity of the U.S. sheep or goat industry to design unique responses to the special needs of the sheep or goat industries on both a regional and national basis; and

(5)Adopt flexible and innovative approaches to solving the long-term needs of the U.S. sheep or goat industry. The final rule authorizes a grant only program to be administered by the NSIIC Board. Comments On July 23, 2010, USDA published in the **Federal Register** (75 FR 43031) an interim rule with a request for comments to be received by September 21, 2010. USDA received no comments. List of Subjects in 7 CFR Part 63 Administrative practice and procedure, Advertising, Lamb and lamb products, Goat and goat products, Consumer information, Marketing agreements, Reporting and recordkeeping requirements. PART 63—NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER Accordingly, the interim rule that added part 63 to chapter 1 of title 7, which was published on July 23, 2010 (75 FR 43031), is adopted as a final rule without change. Dated: December 1, 2010. David R. Shipman, Acting Administrator. [FR Doc. 2010-30534 Filed 12-6-10; 8:45 am]

Connectionstraces to 4

Traces to 4 documents

U.S. Code