Table of Contents: January 16, 2009
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[Federal Register: January 16, 2009 (Volume 74, Number 11)] [Contents] [Page III-VIII] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16ja09-164] CONTENTS [[Page III]] Agricultural Marketing Service RULES Fruit, Vegetable, and Specialty Crops - Import Regulations; Proposed Revision to Reporting Requirements, 2806-2809 Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Forest Service See Natural Resources Conservation Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Animal and Plant Health Inspection Service RULES Revision of the Hawaiian and Territorial Fruits and Vegetables Regulations, 2770-2786 PROPOSED RULES Importation, Interstate Movement, and Release Into the Environment of Certain Genetically Engineered Organisms, 2907-2909 Army Department See Engineers Corps Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3046-3049 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 3049-3050 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel; Centers for Agricultural Disease and Injury Research, Education and Prevention, Program Announcement Number, PAR06-057, 3050 Safety and Occupational Health Study Section, National Institute for Occupational Safety and Health, 3050 Centers for Medicare & Medicaid Services RULES Medicare Program: Changes to the Competitive Acquisition of Certain Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS), etc., 2873-2881 Medicare Advantage and Prescription Drug Programs MIPPA Drug Formulary & Protected Classes Policies, 2881-2888 PROPOSED RULES Medicare, Medicaid, and Clinical Laboratory Improvement Amendments of 1988 (CLIA) Program; Cytology Proficiency Testing (PT), 3264-3294 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3051 Meetings: Medicare Program; Medicare Evidence Development & Coverage Advisory Committee, 3051-3053 Children and Families Administration NOTICES Statement of Mission, Organization, Functions, and Delegations of Authority, 3053-3054 Civil Rights Commission NOTICES Meetings: Arkansas Advisory Committee, 2994 Kansas Advisory Committee, 2994 Coast Guard RULES Maritime Identification Credentials, 2865-2866 Pollution Prevention Equipment Pollution Prevention Equipment, 3363-3393 [HTML] or [PDF] NOTICES Imposition of Conditions of Entry for Certain Vessels Arriving to the United States: Venezuela, 3092-3093 Commerce Department See National Oceanic and Atmospheric Administration Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 2993-2994 Commodity Credit Corporation RULES Farm and Ranch Lands Protection Program, 2809-2823 Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3041-3042 Defense Department See Engineers Corps RULES Defense Acquisition Regulations (DAR) System, 2864 National Security Personnel System, 2757-2770 PROPOSED RULES Vending Facility Program for the Blind on DoD-Controlled Federal Property, 2932-2935 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2997 Meetings: Defense Science Board, 2997-2998 Multi-Agency Radiation Survey and Assessment of Materials and Equipment Manual, 2998-2999 Renewal of Department of Defense Federal Advisory Committees, 2999-3000 [[Page IV]] Defense See Defense Department Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3000-3001 Applications: Carol M. White Physical Education Program; New Awards for Fiscal Year (FY) 2009, 3001-3005 Higher Education Disaster Relief; Applications for New Awards (FY 2009), 3005-3009 Privacy Act; Systems of Records, 3009-3011 Employee Benefits Security Administration NOTICES Withdrawal of Notice of Proposed Exemption Involving the Merritts Antiques, Inc. Employees Pension Plan (Plan); Located in Douglasville, PA, 3101 Employment and Training Administration NOTICES Renewal of the Advisory Committee on Apprenticeship (ACA) Charter, 3102 Employment Standards Administration See Wage and Hour Division Energy Department See Southwestern Power Administration See Western Area Power Administration NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Hanford, 3011-3012 Environmental Management Site-Specific Advisory Board, Portsmouth, 3012 Multi-Agency Radiation Survey and Assessment of Materials and Equipment Manual, 2998-2999 Office of Civilian Radioactive Waste Management; National Transportation Plan, Revision 0; Availability, 3012-3013 Engineers Corps NOTICES Meetings: Inland Waterways Users Board, 3000 Environmental Protection Agency RULES Pesticide Tolerances: Emamectin, 2867-2873 [HTML] or [PDF] PROPOSED RULES Approval and Promulgation of Implementation Plans: New Jersey Reasonable Further Progress Plans, Reasonably Available Control Technology, Reasonably Available Control Measures and Conformity Budgets, 2945-2954 [HTML] or [PDF] Proposed Rule to Implement the 1997 8-Hour Ozone National Ambient Air Quality Standard: Revision on Subpart 1 Area Reclassification and Anti-Backsliding Provisions Under Former 1-Hour Ozone Standard, etc., 2936-2945 [HTML] or [PDF] Protection of Stratospheric Ozone: Allocation of Essential Use Allowances (Calendar Year 2009), 2954-2959 [HTML] or [PDF] NOTICES California State Nonroad Engine and Vehicle Pollution Control Standards: Authorization of Transport Refrigeration Unit Engine Standards, 3030-3033 [HTML] or [PDF] Environmental Impact Statements; Availability, etc., 3033-3034 [HTML] or [PDF] Environmental Impacts Statements; Availability: Filed 01/05/2009 Through 01/09/2009, 3034 [HTML] or [PDF] Multi-Agency Radiation Survey and Assessment of Materials and Equipment Manual, 2998-2999 [HTML] or [PDF] Federal Aviation Administration PROPOSED RULES Proposed Amendments of Class E Airspace: Natchitoches, LA, 2909-2910 NOTICES Meetings: Seventh Meeting, Special Committee 211, Nickel-Cadmium, Lead Acid and Rechargeable Lithium Batteries, 3128 Petition for Exemption; Summary of Petition Received, 3128-3129 Petitions for Exemption; Summaries of Petitions Received, 3129 Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3034-3036 Consumer Advisory Committee; Re-chartering and Appointment of Members, 3036-3037 Hearing Designation Order: Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Time Warner Cable Inc., Defendant, et al., 3037-3041 Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3041-3042 Federal Election Commission NOTICES Meetings; Sunshine Act, 3042-3043 Federal Highway Administration NOTICES Tiered Environmental Impact Statement: Sandoval County and Bernalillo County, NM, 3129-3130 [HTML] or [PDF] Federal Motor Carrier Safety Administration RULES Elimination of Route Designation Requirement for Motor Carriers Transporting Passengers over Regular Routes, 2895-2902 NOTICES Commercial Driver's License Standards: Application for Exemption; Volvo Trucks North America (Volvo), 3130-3131 Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3041-3042 [[Page V]] Federal Retirement Thrift Investment Board NOTICES Privacy Act; Systems of Records, 3043-3044 Federal Trade Commission NOTICES Consent Orders: Shiva Venture Group, Inc. dba INNOVA Financial Group, 3044-3045 Federal Transit Administration NOTICES Establishment of Emergency Relief Docket for Calendar Year 2009, 3131-3132 Fish and Wildlife Service NOTICES Endangered and Threatened Species: Recovery Plan for the Northwest Atlantic Population of the Loggerhead Sea Turtle, 2995 [HTML] or [PDF] Food and Drug Administration RULES Requirements for Submission of Bioequivalence Data, 2849-2862 NOTICES Draft Guidance for Industry on Standards for Securing the Drug Supply Chain: Standardized Numerical Identification for Prescription Drug Packages, 3054-3055 Draft Guidance for Industry: Current Good Tissue Practice (CGTP) and Additional Requirements for Manufacturers of Human Cells, Tissues, and Cellular and Tissue-Based Products, 3055-3056 Submission of Laboratory Packages by Accredited Laboratories, 3056-3057 Guidance for Industry on Regulation of Genetically Engineered Animals Containing Heritable recombinant DNA Constructs; Availability, 3057-3058 Guidance for Industry on Voluntary Third-Party Certification Programs for Foods and Feeds; Availability, 3058-3059 Guidance for Industry: Evidence-Based Review System for the Scientific Evaluation of Health Claims, 3059-3060 Significant Scientific Agreement in the Review of Health Claims for Conventional Foods and Dietary Supplements; Withdrawal of Guidance, 3060 Release of Task Force Report; Guidance for Industry and FDA: Interim Evidence-Based Ranking System for Scientific Data; Withdrawal of Guidance, 3060-3061 Forest Service NOTICES Environmental Impact Statements; Availability, etc.: White River National Forest, Eagle/Holy Cross Ranger District, Eagle County, CO; Edwards Inholding Easement Proposal, 2991-2992 [HTML] or [PDF] Meetings: National Urban and Community Forestry Advisory Council, 2992-2993 Opal Creek Scenic Recreation Area Advisory Council, 2993 General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3045-3046 Geological Survey NOTICES Meetings: National Geospatial Advisory Committee, 3096 Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Health Insurance Reform; Modifications to the Health Insurance Portability and Accountability Act (HIPAA) Electronic Transaction Standards, 3296-3328 HIPAA Administrative Simplification: Modifications to Medical Data Code Set Standards to Adopt ICD-10-CM and ICD-10-PCS, 3328-3362 Office of Global Health Affairs: Regulation on the Organizational Integrity of Entities That Are Implementing Programs and Activities Under the Leadership Act; Correction, 2888-2889 NOTICES Meetings: National Vaccine Advisory Committee Vaccine Safety Working Group, 3046 Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3061-3062 Homeland Security Department See Coast Guard See U.S. Customs and Border Protection RULES Changes to Requirements Affecting H-2B Nonimmigrants and Their Employers; Correction, 2837 Documents Acceptable for Employment Eligibility Verification; Correction, 2838 Establishment of a Genealogy Program; Correcting Amendment, 2824 United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT); Enrollment of Additional Aliens in US-VISIT: Authority to Collect Biometric Data from Additional Travelers and Expansion to the 50 Most Highly Trafficked Land Border Ports of Entry; Correction, 2837-2838 PROPOSED RULES Privacy Act of 1974: Department of Homeland Security - 025 Law Enforcement Authority in Support of the Protection of Property Owned or Occupied by the Department of Homeland Security, 2903-2904 Privacy Act of 1974: Department of Homeland Security - 023 Personnel Security Management., 2904-2906 Privacy Act of 1974: Department of Homeland Security - 024 Facility and Perimeter Access Control and Visitor Management, 2906-2907 NOTICES Environmental Impact Statement; Availability: National Bio and Agro-Defense Facility, 3065-3080 [HTML] or [PDF] [[Page VI]] Meetings: DHS Data Privacy and Integrity Advisory Committee, 3080 Privacy Act; Systems of Records, 3080-3088 Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3093 Federal Property Suitable as Facilities to Assist the Homeless, 3093-3094 Mortgage and Loan Insurance Programs Under the National Housing Act - Debenture Interest Rates, 3094-3095 HSB See U.S. Customs and Border Protection Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service Internal Revenue Service PROPOSED RULES Highway Use Tax; Sold Vehicles and Electronic Filing, 2910-2913 International Trade Commission RULES Revised Procedures and Requests for Information During Adequacy Phase, 2847-2849 Justice Department See Prisons Bureau Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Mine Safety and Health Administration See Wage and Hour Division Land Management Bureau NOTICES Alaska Native Claims Selection, 3096 Environmental Impact Statements; Availability, etc.: Proposed Red Cliff Coal Mine and Associated Surface Facilities, etc.; Garfield and Mesa Counties, CO, 3096-3098 [HTML] or [PDF] Proposed Withdrawal Extension and Opportunity for Public Meeting; Montana, 3098-3099 Public Land Order: Extension of Public Land Order No. 6706, Alaska, 3099 Realty Action: Proposed Sale of Public Land, Idaho, 3099-3101 Maritime Administration NOTICES Meetings: Atlantic Sea Island Group LLC, Safe Harbor Energy Liquefied Natural Gas Deepwater Port License Application; Location Change, 3132 Mine Safety and Health Administration PROPOSED RULES Coal Mine Dust Personal Monitors, 2915-2931 National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3102-3103 National Highway Traffic Safety Administration NOTICES Federal Motor Vehicle Motor Theft Prevention Standard; Exemption Petitions: General Motors Corp., 3132-3134 Reports, Forms, and Recordkeeping Requirements, 3134-3135 National Institutes of Health NOTICES Meetings: Center for Scientific Review, 3062-3065 National Library of Medicine, 3065 National Oceanic and Atmospheric Administration RULES Channel Islands National Marine Sanctuary Regulations, 3216-3262 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Non-American Fisheries Act Crab Vessels Catching Pacific Cod for Processing by the Inshore Component in the Central Regulatory Area of the Gulf of Alaska, 2902 Magnuson-Stevens Act Provisions: Annual Catch Limits; National Standard Guidelines, 3178-3213 PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska: Groundfish Fisheries of the Bering Sea and Aleutian Islands Management Area and Gulf of Alaska, Seabird Avoidance Requirements Revisions, etc., 2984-2990 Fisheries of the Northeastern United States: Northeast Multispecies Fishery; Secretarial Interim Action, 2959-2984 NOTICES Endangered and Threatened Species: Recovery Plan for the Northwest Atlantic Population of the Loggerhead Sea Turtle, 2995 [HTML] or [PDF] Incidental Takes of Marine Mammals During Specified Activities; Marine Geophysical Survey in Southeast Asia (March-July 2009), 2995-2996 Meetings: National Marine Fisheries Service, 2996 North Pacific Fishery Management Council, 2996-2997 National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Jefferson National Expansion Memorial, MO, 3101 [HTML] or [PDF] Natural Resources Conservation Service RULES Technical Service Provider Assistance, 2800-2806 Wildlife Habitat Incentive Program, 2786-2800 [HTML] or [PDF] Nuclear Regulatory Commission NOTICES Confirmatory Order: Tennessee Valley Authority; Sequoyah Nuclear Plant, 3103-3104 Final Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission and the State of California, 3107-3108 [[Page VII]] Final Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission and the State of Missouri, 3108-3110 Final Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission and the Virginia Department of Health, 3105-3106 License Amendment and Opportunity to Request a Hearing: Areva, NP, Inc.; Richland WA, etc., 3110-3114 Multi-Agency Radiation Survey and Assessment of Materials and Equipment Manual, 2998-2999 Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans: Interest Assumptions for Valuing and Paying Benefits, 2863-2864 Personnel Management Office RULES National Security Personnel System, 2757-2770 NOTICES Meetings: Federal Prevailing Rate Advisory Committee, 3114-3115 Pipeline and Hazardous Materials Safety Administration RULES Pipeline Safety: Administrative Procedures, Address Updates, and Technical Amendments, 2889-2895 Postal Service RULES New Automation Requirements for Detached Addressed Labels, 2866-2867 Prisons Bureau PROPOSED RULES Religious Beliefs and Practices: Chapel Library Materials, 2913-2915 Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3115-3116 Rural Business-Cooperative Service RULES Rural Development Guaranteed Loans, 2823-2824 Rural Housing Service RULES Rural Development Guaranteed Loans, 2823-2824 Rural Utilities Service RULES Rural Development Guaranteed Loans, 2823-2824 Securities and Exchange Commission See Securities and Exchange Commission RULES Indexed Annuities and Certain Other Insurance Contracts, 3138-3176 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3116 Filings: Joint Industry Plan; National Market System Plan for the Selection and Reservation of Securities Symbols, etc., 3117 Self-Regulatory Organizations; Proposed Rule Changes: New York Stock Exchange LLC, 3117-3123 NYSE Alternext US LLC, 3123-3125 Social Security Administration NOTICES Privacy Act of 1974, as Amended; Computer Matching Program, 3125-3126 Southwestern Power Administration NOTICES Integrated System Rate Schedules, 3013-3015 State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3126 Nonproliferation Sanctions, 3126-3127 Surface Transportation Board NOTICES Corporate Family Transaction Exemption: Nicholas B. Temple, Eric Temple, Columbia Basin Railroad Co., Inc, Central Washington Railroad Co. and Portland Vancouver Junction Railroad, LLC, 3135-3136 Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q), 3127-3128 Treasury Department See Comptroller of the Currency See Internal Revenue Service See United States Mint RULES Import Restrictions Imposed on Certain Archeological Material from China, 2838-2844 Prohibitions and Conditions for Importation of Burmese and Non-Burmese Covered Articles of Jadeite, Rubies, etc., 2844-2847 U.S. Customs and Border Protection RULES Establishing U.S. Ports of Entry in the Commonwealth of the Northern Mariana Islands (CNMI) and Implementing the Guam-CNMI Visa Waiver Program, 2824-2836 Import Restrictions Imposed on Certain Archeological Material from China, 2838-2844 [[Page VIII]] Prohibitions and Conditions for Importation of Burmese and Non-Burmese Covered Articles of Jadeite, Rubies, etc., 2844-2847 United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee January 2009, 3136 Veterans Affairs Department NOTICES Meetings: Advisory Committee on Disability Compensation, 3136 Wage and Hour Division RULES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2862-2863 Protecting the Privacy of Workers: Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction; Effectiveness of Information Collection Requirements, 2862 Western Area Power Administration NOTICES Loveland Area Projects - Rate Order No. WAPA-142, 3015-3022 Pick-Sloan Missouri Basin Program--Eastern Division-Rate Order No. WAPA-140, 3022-3030 ----------------------------------------------------------------------- Separate Parts in This Issue Part II Securities and Exchange Commission, Securities and Exchange Commission, 3138-3176 Part III Commerce Department, National Oceanic and Atmospheric Administration, 3178-3213 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 3216-3262 Part V Health and Human Services Department, Centers for Medicare & Medicaid Services, 3264-3294 Part VI Health and Human Services Department, 3296-3362 Part VII Homeland Security Department, Coast Guard, 3364-3393 ----------------------------------------------------------------------- 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.