Table Of ContentUNITED STATES (lOVERNMENT PRINTINCi OFFICE
XOfi '0 'd - cwoa a^SZ ’N ooc
OT iOO HOOeOQdMN did
1-22-10 Friday
Vol. 75 No. 14 Jan. 22, 2010
Pages 3615-3846
II Federal Register/Vol. 75, No. 14/Friday, January 22, 2010
SUBSCRIPTIONS AND COPIES_
The FEDERAL REGISTER (ISSN 0097-6326) is published daily,
Monday throu^ Friday, except official holidays, by the Office
PUBLIC
of the Federal Register, National Archives and Records
Administration. Washington, IX^ 20408, under the Federal Register Subscriptions:
Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202-512-1800
Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202-512-1806
Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402 is the exclusive distributor of the official General online information 202-512-1530; 1-888-293-6498
edition. Periodicals postage is paid at Washington, DC. Single copies/back copies;
Paper or fiche 202-512-1800
The FEDERAL REGISTER provides a uniform system for making
available to the public regulations and legal notices issued by Assistance with public single copies 1-866-512-1800
Federal agencies. These include Presidential proclamations and (Toll-Free)
Executive Orders, Federal agency documents naving general FEDERAL AGENCIES
applicability and legal effect, documents required to be published
Subscriptions:
by act of Congress, and other Federal agency documents of public
interest. Paper or fiche 202-741-6005
Assistance with Federal agency subscriptions 202-741-6005
Documents are on file for public inspection in the Office of the
Federal Register the day before they are published, unless the
issuing agency requests earlier filing. For a list of documents
currently on nle for public inspection, see www.federalregister.gov. ■
The seal of the National Archives and Records Administration
authenticates the Federal Register as the official serial publication
established under the Federal Register Act. Under 44 U.S.C. 1507,
the contents of the Federal Register shall be judicially noticed.
The Federal Register is published in paper and on 24x microfiche.
It is also availame online at no charge as one of the databases
on GPO Access, a service of the U.S. Government Printing Office.
The online edition of the Federal Register, www.gpoaccess.gov/
nara, available through GPO Access, is issued under the authority
of the Administrative Committee of the Federal Register as the
official legal equivalent of the paper and microfiche editions (44
U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day
the Federal Register is published and includes both text and
graphics from Volume 59, Number 1 (january 2, 1994) forward.
For more information about GPO Access, contact the GPO Access
User Support Team, call toll free 1-888-293-6498; DC area 202-
512-1530; fax at 202-512-1262; or via e-mail at [email protected].
The Support Team is available between 7:00 a.m. and 9:00 p.m.
Eastern Time, Monday-Friday, except official holidays.
The annual subscription price for the Federal Register paper
edition is $749 plus postage, or $808, plus postage, for a combined
Federal Register, Federal Register Index and List of CFR Sections
Affected (LSA) subscription; tbe microfiche edition of the Federal
Register including the Federal Register Index and LSA is $165,
plus postage. Six month subscriptions are available for one-half
the annual rate. The prevailing postal rates will be mplied to
orders according to the delivery method requested. The price of
a single copy of the daily Federal Register, including postage,
is based on the number of pages: $11 for an issue containing
'less than 200 pages; $22 for an-issue containing 200 to 400 pages;
and $33 for an issue containing more than 400 pages. Single issues
of the microfiche edition may be purchased for $3 per copy,
including postage. Remit check or money order, made payable
to the Superintendent of Documents, or charge to your GPO
Deposit Account, VISA, MasterCard, American Express, or
Discover. Mail to; U.S. Government Printing Office—New Orders,
P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-
866-512-1800, DC area 202-512-1800; or go to the U.S. Government
Online Bookstore site, see bookstore.gpo.gov.
There are no restrictions on the republication of material appearing
in the Federal Register.
How To Cite This Publication: Use the volume number and the
page number. Example: 73 FR 12345.
Postmaster: Send address changes to the Superintendent of
Documents, Federal Register, U.S. Government Printing Office,
Washington. DC 20402, along with the entire mailing label from
the last issue received.
0
Printed on recycled paper.
Contents
Federal Register
Vol. 75, No. 14
Friday, January 22, 2010
Advisory Council on Historic Preservation NOTICES
See Historic Preservation, Advisory Council Privacy Act; Systems of Records, 3714-3715
Agriculture Department Education Department
See National Institute of Food and Agriculture NOTICES
See Rural Utilities Service Agency Information Collection Activities; Proposals,
NOTICES Submissions, and Approvals, 3715-3717
Meetings: Fund for the Improvement of Postsecondary Education
Fifth Dietary Guidelines Advisory Committee; (FIPSE)—Special Focus Competition, etc.:
Solicitation of Written Comments, 3696-3697 Inviting Applications for New Awards for Fiscal Year (FY
2010), 3717-3720
Air Force Department
NOTICES Employment Standards Administration
Environmental Impact Statements; Availability, etc.:
See Wage and Hour Division
Basing F-35A Operational Aircraft, 3715
Arts and Humanities, National Foundation Energy Department
See National Foundation on the Arts and the Humanities See Federal Energy Regulatory Commission
NOTICES
Blind or Severely Disabled, Committee for Purchase From Environmental Management Advisory Board Charter
People Who Are Renewal, 3720
See Committee for Purchase From People Who Are Blind or
Severely Disabled Environmental Protection Agency
RULES
Centers for Disease Control and Prevention Outer Continental Shelf Air Regulations Updates:
NOTICES New Jersey State Requirements, 3617-3622
Agency Information Collection Activities; Proposals, PROPOSED RULES
Submissions, and Approvals, 3736-3738 Conditional Approvals and Promulgations of State
Implementation Plans:
Centers for Medicare & Medicaid Services Ohio; Carbon Monoxide and Volatile Organic
NOTICES Compounds, 3668-3680
Meetings: Revisions to the California State Implementation Plan,
Medicare Program; Advisory Panel on Medicare 3680-3682
Education, 3742-3743 NOTICES
Medicare Program; Practicing Physicians Advisory Agency Information Collection Activities: Proposals,
Council, 3743-3744 Submissions, and Approvals, 3723-3729
Environmental Impact Statements: Availability, etc.:
Commerce Department Availability of EPA Comments, 3729-3730
See Foreign-Trade Zones Board Weekly Receipt, 3730
See Industry and Security Bureau Meetings:
See National Oceanic and Atmospheric Administration Good Neighbor Environmental Board, 3730-3731
See National Telecommunications and Information Proposed Issuance of a General NPDES Permit for Small
Administration Suction Dredging (Permit Number IDG—37-0000), 3731
See Patent and Trademark Office
Executive Office of the President
Committee for Purchase From People Who Are Blind or
See Presidential Documents
Severely Disabled
NOTICES
Farm Credit Administration
Procurement List; Additions and Deletions, 3714
PROPOSED RULES
Comptroller of the Currency Federal Agricultural Mortgage Corporation Funding and
Fiscal Affairs:
NOTICES
Agency Information Collection Activities; Proposals, Risk-Based Capital Requirements, 3647-3656
Submissions, and Approvals, 3785-3786
Federal Aviation Administration
Copyright Royalty Board RULES
PROPOSED RULES • Airworthiness Directives:
Digital Performance Rights in Sound Recordings and Agusta S.p.A. (Agusta) Model AB139 and AW139
Ephemeral Recordings for New Subscription Services, Helicopters, 3615-3617
3666-3668 PROPOSED RULES
Airworthiness Directives:.
Defense Department Boeing Company Model 737-300, -400, -500, -600, 700,
See Air Force Department and -800 Series Airplanes, 3662-3664
IV Federal Register/Vol. 75, No. 14/Friday, January 22, 2010/Contents
Boeing Company Model 747—100, 747—lOOB, 747—lOOB Federal Trade Commission
SUD, 747-200B.747-200C, 747-200F, 747-300, 747- PROPOSED RULES
400, 747-400D, 747 400F, 747SR. and 747SP Series Termination of Regulatory Review:
Airplanes, 3658-3660 Regulations Implementing the Comprehensive Smokeless
Boeing Company Model 757 Airplanes, 3660—3662 Tobacco Health Education Act of 1886: Request for
Boeing Company Model 767-200, -300, and -300F Series Comments, 3664-3665
Airplanes, 3656—3658 Termination of Rulemaking Proceeding:
NOTICES Regulations under the Comprehensive Smokeless
Petition for Exemption: Summary of Petition Received, Tobacco Health Education Act, 3665-3666
3783-3784
Fish and Wildlife Service
NOTICES
Federal Communications Commission
Environmental Impact Statements: Availability, etc.:
RULES Tishomingo National Wildlife Refuge, Comprehensive
Radio Broadcast Services:
Conservation Plan, Johnston County, OK, 3753-3755
Maupin, OR, 3640-3641
Revisions to Rules Authorizing the Operation of how Power
Food and Drug Administration
Auxiliary Stations in the 698-806 MHz Band, 3622-
NOTICES
3640
Agency Information Collection Activities: Proposals,
Television Broadcasting Services:
Submissions, and Approvals, 3735-3736, 3738-3739
Anchorage, AK, 3641
PROPOSED RULES
Foreign Assets Control Office
Empowering Parents and Protecting Children in an
Evolving Media Landscape, 3693-3694 NOTICES
Unblocking Of Specially Designated Nationals And Blocked
Radio Broadcast Services:
Persons, etc., 3786-3787
Peach Springs, AZ, ^694
Revisions to Rules Authorizing the Operation of Low Power
Foreign-Trade Zones Board
Auxiliary Stations in the 698-806 MHz Band, 3682-
3693 NOTICES
Applications for Reorganization under Alternative Site
Television Broadcasting Services:
Framework:
Birmingham, AL, 3695
Foreign-Trade Zone 113 - Ellis County, TX, 3705
NOTICES
Applications For Subzone:
Agency Information Collection Activities: Proposals,
Foreign-Trade Zone 201 - Holyoke, MA: Yankee Candle
Submissions, and Approvals, 3731-3732
Corp. (Candles and Gift Sets), etc., 3705-3706
Suspensions and Initiations of Debarment Proceedings:
Schools and Libraries Universal Service Support
Mechanism, 3732-3734 Geological Survey
NOTICES
Agency Information Collection Activities: Proposals,
Federal Emergency Management Agency Submissions, and Approvals, 3753
NOTICES
Meetings: Health and Human Services Department
National Advisory Council, 3750 See Centers for Disease Control and Prevention
See Centers for Medicare & Medicaid Services
See Food and Drug Administration
Federal Energy Regulatory Commission
See Health Resources and Services Administration
NOTICES See National Institutes of Health
Applications:
NOTICES
Orrville, OH, 3720-3721
2009 HHS Poverty Guidelines (Extended Until March 1,
Combined Notice of Filings, 3721-3722 2010), 3734-3735
Filings: Meetings:
Longhorn Partners Pipeline LP, 3723 Fifth Dietary Guidelines Advisory Committee:
Solicitation of Written Comments, 3696-3697
Federal Highway Administration
Health Resources and Services Administration
NOTICES
Final Federal Agency Actions on Interstate 84 Highway: NOTICES
Idaho, 3782-3783 Agency Information Collection Activities: Proposals,
Submissions, and Approvals, 3739-3740
Meetings:
Federal Railroad Administration National Advisory Committee on Rural Health and
NOTICES Human Services, 3744-3745
Establishment of an Emergency Relief Docket (Calendar Ryan White HIV/AIDS Part C Early Intervention Services
Year 2010), 3782 (EIS) Program, 3746
Petition for Waiver of Compliance, 3784
Safety Advisory: Historic Preservation, Advisory Council
Identification and Handling of Highway-Rail Grade NOTICES
Crossings with Vertical Profile Conditions, 3784- Draft Program Comment for the Department of the Navy for
3785 the Disposition of Historic Vessels, 3746-3750
Federal Register/Vol. 75, No. 14/Friday, January 22, 2010/Contents V
Homeland Security Department National Institute of Food and Agriculture
See Federal Emergency Management Agency NOTICES
Solicitations of Nominations:
Housing and Urban Development Department Veterinary Shortage Situations for Veterinary Medicine
NOTICES Loan Repayment Program, 3697-3704
Federal Property Suitable as Facilities to Help the
Homeless, 3750-3752 National Institutes of Health
Funding Availability (NOFA): NOTICES
HUD’s Fiscal Year (FY) 2009 HOPE VI Main Street Grants Meetings:
Program, 3752 Eunice Kennedy Shriver National Institute of Child
Health and Human Development, 3741
Industry and Security Bureau National Center for Research Resources, 3741-3742
NOTICES National Institute of Diabetes and Digestive and Kidney
Meetings: Diseases, 3741
Interested Public on Offsets in Defense Trade, 3713-3714 National Institute of Mental Health, 3740-3741
NIH Consensus Development Conference:
Interior Department Vaginal Birth After Cesarean: New Insights, 3745-3746
See Fish and Wildlife Service
See Geological Survey National Oceanic and Atmospheric Administration
See Land Mfinagement Bureau NOTICES
See National Indian Gaming Commission Environmental Impact Statements; Availability, etc.:
Exxon Valdez Oil Spill Trustee Council’s Restoration
Internal Revenue Service Efforts, 3706-3709
Intents to Conduct Restoration Planning:
PROPOSED RULES
Basis Reporting by Securities Brokers and Basis Discharge of Oil from the MIV casco BUSAN into San
Determination for Stock; Correction, 3666 Francisco Bay, November 7, 2007, 3709-3711
Listing Endangered and Threatened Wildlife and
International Trade Commission Designating Critical Habitat:
12-month Determination on How to Proceed with a
NOTICES
Scheduling of Expedited Five-Year Reviews Concerning the Petition to Revise Designated Critical Habitat for
Elkhorn and Staghorn Corals, 3711-3713
Antidumping Duty Orders:
Preserved Mushrooms from Chile, China, India, and
National Telecommunications and Information
Indonesia, 3756-3757
Administration
Justice Department
NOTICES
See Justice Programs Office
Broadband Technology Opportunities Program, 3792-3820
NOTICES
Agency Information Collection Activities; Proposals,
Nuclear Regulatory Commission
Submissions, and Approvals, 3757-3758
NOTICES
Draft Regulatory Guides:
Justice Programs Office
Issuance, Availability, 3760-3761
NOTICES
Environmental Impact Statements; Availability, etc.:
Agency information Collection Activities; Proposals,
Edwin 1. Hatch Nuclear Plant, Units 1 and 2, 3761-3762
Submissions, and Approvals, 3758
Tennes.see Valley Authority; Sequoyah Nuclear Plant,
Units 1 And 2; Finding of No Significant Impact,
Labor Department
3762-3763
See Wage and Hour Division
Patent and Trademark Office
Land Management Bureau
NOTICES
NOTICES Agency Information Collection Activities: Proposals,
Environmental Impact Statements; Availability, etc.: Submissions, and Approvals, 3704-3705
Upper Las Vegas Wash Conservation Transfer Area, Las
Vegas, NV, 3755-3756 Personnel Management Office
NOTICES
Library of Congress Agency Information Collection Activities; Proposals,
See Copyright Royalty Board Submissions, and Approvals, 376.3-3764
National Foundation on the Arts and the Humanities Presidential Documents
NOTICES PROCLAMATIONS
Meetings: Special Observances:
Federal Council on Arts and Humanities Arts and Martin Luther King, Jr., Federal Holiday (Proc. 8473),
Artifacts Indemnity Panel, 3759-3760 3839-3842
Religious Freedom Day (Proc. 8474), 3843-3844
National Indian Gaming Commission ADMINISTRATIVE ORDERS
NOTICES Middle East Peace Process; Continuation of National
National Environmental Policy Act Procedures Manual, Emergency with Respect to Terrorists Who Threaten to
3756 Disrupt (Notice of January 20, 2010), 3845
VI Federal Register/Vol. 7^, No. 14/Friday, January 22,^ 2010/Contents
Rural Utilities Service Transportation Department ^
PROPOSED RULES See Federal Aviation Administration
Special Evaluation Assistance/or Rural Communities and See Federal Highway Administration
Households Program, 3642-3647 See Federal Railroad Administration
NOTICES
Broadband Initiatives Program, 3820-3837 Treasury Department
See Comptroller of the Currency
Securities and Exchange Commission See Foreign Assets Control Office
See Internal Revenue Service
NOTICES
Agency Information Collection Activities; Proposals,
Submissions, and Approvals, 3765 Veterans Affairs Department
Plan for Reporting of Consolidated Options Last Sale NOTICES
Reports and Quotation Information: Privacy Act; Systems of Records, 3787-3790
Options Price Reporting Authority, 3765-3767
Self-Regulatory Organizations: Proposed Rule Changes: Wage and Hour Division
Chicago Board Options Exchange, Inc., 3773-3774 NOTICES
Financial Industrv Regulatory Authority, Inc., 3768-3770, Agency Information Collection Activities; Proposals,
3772-3773 Submissions, and Approvals, 3758-3759
NASDAQ Stock Market LLC, 3774-3778
New York Stock Exchange LLC, 3767-3768
NYSE Amex LLC. 3771-3772 Separate Parts In This Issue
Part II
Small Business Administration
Agriculture Department, Rural Utilities Service, 3820-3837
NOTICES
Commerce Department, National Telecommunications and
Disaster Declarations:
Information Administration, 3792-3820
Louisiana, 3764-3765
Massachusetts, 3764
Part III
Presidential Documents, 3839-3845
Social Security Administration
NOTICES
Agency Information Collection Activities; Proposals,
Reader Aids
Submissions, and Approvals, 3778-3781
Consult the Reader Aids section at the end of this page for
phone numbers, online resources, finding aids, reminders,
State Department and notice of recently enacted public laws.
NOTICES
Culturally Significant Object Imported for Exhibition To subscribe to the Federal Register Table of Contents
Determinations: LISTSERV electronic mailing list, go to http://
Projects 92: Yin Xiuzhen, 3781 listserv.access.gpo.gov and select Online mailing list
The Mourners; Tomb Sculptures from the Court of archives, FEDREGTOC-L, Join or leave the list (or change
Burgundy, 3781-3782 settings); then follow the instructions.
Federal Register/Vol. 75, No. 14/Friday, January 22, 2010/Contents VII
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the
Reader Aids section at the end of this issue.
3 CFR
Proclamations:
8473 .3841
8474 .3843
7 CFR
Proposed Rules:
1774 .3642
12 CFR
Proposed Rules:
652 .3647
14 CFR
39. 3615
Proposed Rules:
39 (4 documents) ...3656, 3658, .
3660, 3662
16 CFR
Proposed Rules:
307 (2 documents).3664,
3665
26 CFR
Proposed Rules:
1 .3666
37 CFR
Proposed Rules:
383.3666
40 CFR
55.3617
Proposed Rules:
52 (2 documents) ....3668, 3680
47 CFR
2 .3622
15 (2 documents) ....3622, 3639
73 (2 documents) ....3640, 3641
74 .3622
Proposed Rules:
15.3682
73 (3 documents) ...3693, 3694,
3695