Federal Register 2009-01-02: Vol 74 Iss 1

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1-2-09 Friday
Vol. 74 No. 1 Jan. 2, 2009
Pages 1-200
II Federal Register/Vol. 74, No. 1/Friday, January 2, 2009
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Contents
Federal Register
Vol. 74, No. 1
Friday, January 2, 2009
Agency for International Development NOTICES
RULES Environmental Impact Statements; Availability, etc.:
Privacy Act of 1974, Implementation of Exemptions, 9-17 Comments Availability, 105-106
Weekly Receipt, 106-107
Agriculture Department
See Animal and Plant Health Inspection Service Executive Office of the President
See Cooperative State Research, Education, and Extension See Management and Budget Office
Service
See Forest Service
Federal Communications Commission
Animal and Plant Health Inspection Service PROPOSED RULES
Replacement Digital Television Translator Service, 61-67
RULES
Importation of Cattle from Mexico; Addition of Port at San
Luis, AZ, 1-6 Federal Emergency Management Agency
Viral Hemorrhagic Septicemia; Interstate Movement and NOTICES
Import Restrictions on Certain Live Fish, 1 Meetings:
NOTICES Voluntary Private Sector Accreditation and Certification
Availability of Evaluations of the Highly Pathogenic Avian Preparedness Program, 114-115
Influenza Subtype H5N1 Status of Germany and
Poland, 69-70 ‘
Federal Highway Administration
Centers for Medicare & Medicaid Services NOTICES
Environmental Impact Statements; Availability, etc.:
RULES
Pierce County, WA, 162
Medicafe Program:
Surety Bond Requirement for Suppliers of Medical
Equipment, Prosthetics, Orthotics, and Supplies Federal Reserve System
(DMEPOS), 166-200 NOTICES
Formations of. Acquisitions by, and Mergers of Bank
Commerce Department Holding Companies, 107
See National Oceanic and Atmospheric Administration
Financial Management Service
Cooperative State Research, Education, and Extension
See Fiscal Service
Service
Fiscal Service
NOTICES
Solicitation of Input from Stakeholders on the NOTICES
Establishment of the National Institute of Food and Surety Companies Acceptable on Federal Bonds:
Agriculture at the Department of Agriculture, 70-71 Arognaut Insurance Co., 162-163
Name Change; FolksAmerica Reinsurance Co. (NAIC No.
Defense Department 38776), 163
See Navy Department
NOTICES Food and Drug Administration
36(b)(1) Arms Sales Notification, 89-95
RULES
Medical, Immunology and Microbiology Devices:
Education Department
Classification of Enterovirus Nucleic Acid Assay, 6-8
NOTICES New Animal Drugs for Use in Animal Feeds:
Agency Information Collection Activities; Proposals,
Tiamulin, 6
Submissions, and Approvals, 100-101
NOTICES
Women’s Educational Equity Act Program; Notice Inviting Guidance for Industry and FDA Staff; Class II Special
Applications for New Awards (FY 2009), 101-105 Controls Guidance Document:
Nucleic Acid Amplification Assay for the Detection of
Employee Benefits Security Administration
Enterovirus RNA; Availability, 109-110
RULES Meetings:
Civil Penalties Under ERISA Section 502(c)(4), 17-21
Blood Products Advisory Committee; Amendment, 110
Cardiovascular and Renal Drugs Advisory Committee,
Environmental Protection Agency
110-111
RULES
Protection of Stratospheric Ozone:
Notice 23 for Significant New Alternatives Policy Forest Service
Program. 21-29 NOTICES
PROPOSED RULES Environmental Impact Statements; Availability, etc.:
Identification of Non-Hazardous Materials That Are Solid Bend/Ft. Rock Ranger District; Deschutes National Forest;
Waste, 41-61 OR; Kapka Butte Sno-Park Construction, 71-72
IV Federal Register/Vol. 74, No. 1/Friday, January 2, 2009/Contents
General Services Administration National Institutes of Health
NOTICES NOTICES
Federal Travel Regulation: Agency Information Collection Activities; Proposals,
Relocation Allowances (GSA Bulletin FTR 09-03), 107 Submissions, and Approvals. 112
Government-Owned Inventions; Availability for Licensing,
Health and Human Services Department 112-114
See Centers for Medicare & Medicaid Services
See Food and Drug Administration National Oceanic and Atmospheric Administration
See Health Resources and Services Administration RULES
See National Institutes of Health Fisheries of the Exclusive Economic Zone Off Alaska:
NOTICES Inseason Adjustment to the 2009 Bering Sea Pollock
Solicitation of Written Comments on Draft Centers for Total Allowable Catch Amount, 38-40
Disease Control and Prevention’s Immunization Safety Fisheries of the Northeastern LInited States:
Office Scientific Agenda, 107-108 2009 Summer Flounder, Scup, and Black Sea Bass
Specifications; Preliminary 2009 Quota Adjustments;
Health Resources and Services Administration 2009 Summer Flounder Quota for Delaware, 29-38
PROPOSED RULES
NOTICES
Atlantic Coastal Fisheries Cooperative Management Act
Advisory Committee on Organ Transplantation: Requests
Provisions:
for Nominations for Voting Members, 111-112
American Lobster Fishery; Control Date for American
Lobster, 67-68
Homeland Security Department
NOTICES
See Federal Emergency Management Agency Availability of Grant Funds (Fiscal Year 2009), 72-89
See U.S. Customs and Border Protection
National Park Service
Interior Department NOTICES
See Land Management Bureau Inventory Completion:
See National Park Service Bishop Museum, Honolulu, HI; Correction, 118-119
International Trade Commission Navy Department
NOTICES NOTICES
Investigations: Draft Environmental Impact Statement/Overseas
Use of the “First Sale Rule” for Customs Valuation of Environmental Impact Statement:
U.S. Imports, 119-120 Gulf of Mexico Range Complex; Public Hearing, 96-97
Environmental Impact Statements; Availability, etc.:
Labor Department Swimmer Interdiction Security System, Naval Base
Kitsap - Bangor, Kitsap County, WA; Public Hearings,
See Employee Benefits Security Administration
98-99
See Occupational Safety and Health Administration ’
Information on Surplus Land at Military Installations
Designated for Disposal:
Land Management Bureau
NASJRB Willow Grove, PA - Jacksonville Road Housing
NOTICES and Shenandoah Woods Housing, 99-100
Environmental Impact Statements: Availability, etc.:
Record of Decision:
Ely Energy Center; White Pine County, NV, 115-116
Introduction of the P-8A Multi-Mission Maritime Aircraft
Public Land Order:
into ihe U.S. Navy Fleet, 100
Revocation of Secretarial Order dated October 29, 1908,
and Partial Revocation of Public Land Order No.
Nuclear Regulatory Commission
1703; Idaho, 116-117
NOTICES
Public Land Orders:
Consideration of Issuance of an Amendment to Facility
Partial Revocation of Lighthouse Withdrawals Created by
Operating License:
Two Executive Orders and Transfer of
Entergy Nuclear Operations, Inc., 123-126
Administrative Jurisdiction; California, 117
Meetings; Sunshine Act, 126
Withdrawal of National Forest System Land for Water
Order Approving Transfer of License and Conforming
Canyon Recreation Area Expansion; New Mexico,
Amendment:
118
AmerGen Energy Co., LLC; Exelon Generation Co., LLC;
Withdrawal of Public Land for Customs and Border
Clinton Power Station (Unit No. 1), 127-129
Protection; New Mexico, 118
Order Approving Transfer of Licenses and Conforming
Amendment:
Management and Budget Office
Amergen Energy Co., LLC; Exelon Generation Co., LLC
NOTICES (Oyster Creek Nuclear Generating Station), 129-130
Discount Rates for Cost-Effectiveness Analysis of Federal
Programs, 130-131 Occupational Safety and Health Administration
NOTICES
Millennium Challenge Corporation Addenda to the Memorandum of Understanding:
NOTICES Formalize the Working Relationship Between the
Report on the Selection of Eligible Countries (Fiscal Year Department of Energy and the Department of Labor,
2009), 121-123 120-121
Federal Register/Vol. 74, No. 1/Friday, January 2, 2009/Contents V
Office of Management and Budget NASDAQ Stock Market LLC, 155-161
See Management and Budget Office
Transportation Department
Peace Corps See Federal Highway Administration
NOTICES
Privacy Act; Systems of Records, 131-132 Treasury Department
See Fiscal Service
Public Debt Bureau
See Fiscal Service U.S. Customs and Border Protection
NOTICES
Securities and Exchange Commission Revocation of Customs Broker License, 115
NOTICES
Joint Industry Plan:
Filing and Immediate Effectiveness of Amendments to Separate Parts In This Issue
the National Market System Plan for the Selection
and Reservation of Securities Symbols; Additions,
Part II
132-133
Health and Human Services Department, Centers for
Order Granting Temporary Exemptions from Sections of the
Medicare & Medicaid Services, 166-200
Exchange Act for Broker-Dealers and Exchanges
Effecting Transactions in Credit Default Swaps, 133-
139
Reader Aids
Order Granting Temporary Exemptions Under the
Consult the Reader Aids section at the end of this issue for
Securities Exchange Act (1934):
phone numbers, online resources, finding aids, reminders,
Liffe Administration and Management and Lch.Clearnet
and notice of recently enacted public laws.
Ltd.; Central Clearing of Credit Default Swaps and
Request for Comments, 139-149 To subscribe to the Federal Register Table of Contents
Self-Regulatory Organizations; Proposed Rule Changes: LISTSERV electronic mailing list, go to http://
Chicago Board Options Exchange, Inc., 149-152 listserv.access.gpo.gov and select Online mailing list
Financial Industry Regulatory Authority, Inc., 152-154 archives, FEDREGTOC-L, Join or leave the list (or change
International Securities Exchange, LLC, 154-155 settings); then follow the instructions.
VI Federal Register/Vol. 74, No. 1/Friday, January 2, 2009/Contents
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.
9 CFR
71.1
83.1
93 (2 documents).1
21 CFR
558.6
866.6
22 CFR
215.:.9
29 CFR
2560.17
40 CFR
82.21
Proposed Rules:
257. 41
42 CFR
424.166
47 CFR
Proposed Rules:
74.!.61
50 CFR
648. 29
679.38
Proposed Rules:
697.67
Rules and Regulations
Federal Register
Vol. 74, No. 1
Friday, January 2, 2009
This section of the FEDERAL REGISTER Veterinarian. National Center for Import provide APHIS with time to make some
contains regulatory documents having general and Export, VS, APHIS, 4700 River adjustments to the interim rule that are
applicability and legal effect, most of which Road Unit 39, Riverdale, MD 20737- necessary for the rule to be successfully
are keyed to and codified in the Code of 1231; [phone]. implemented.
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: Authority: 7 U.S.C. 1622 and 830.1-8317;
21 U.S.C. 136 and 136a; 31 U.S.C. 9701;
Background
The Code of Federal Regulations is sold by 7 CFR 2.22, 2.80, and 371.4.
the Superintendent of Documents. Prices of Viral hemorrhagic septicemia (VHS) is Done in Washington, DC, this 22nd day of
new books are iisted in the first FEDERAL a highly contagious disease of certain December 2008.
REGISTER issue of each week. freshwater and saltwater fish, caused by Kevin Shea,
a rhabdovirus. It is listed as a notifiable
Acting Administrator, Animal and Plant
disease by the World Organization for Health Inspection Service.
DEPARTMENT OF AGRICULTURE
Animal Health. The pathogen produces [FR Doc. E8—31208 Filed 12-31-08; 8:45 am]
variable clinical signs in fish including
Animal and Plant Health Inspection BILLING CODE 3410-34-P
lethargy, skin darkening, exophthalmia,
Service
pale gills, a distended abdomen, and
external and internal hemorrhaging. The DEPARTMENT OF AGRICULTURE
9 CFR Parts 71, 83, and 93
development of the disease in infected
[Docket No. APHIS-2007-0038] fish can result in substantial mortality. Animal and Plant Health Inspection
Other infected fish may not show any Service
RIN 0579-AC74
clinical signs or die, but may be lifelong
Viral Hemorrhagic Septicemia; carriers and shed the virus. 9 CFR Part 93
interstate Movement and Import On September 9, 2008, we published
[Docket No. APHIS-2007-0095]
Restrictions on Certain Live Fish an interim rule in the Federal Register
(73 FR 52173-52189, Docket No. RIN 0579-AC63
AGENCY: Animal and Plant Health APHIS-2007-0038) to amend 9 CFR
Inspection Service, USDA. parts 71, 83, and 93 by establishing Importation of Cattle From Mexico;
Addition of Port at San Luis, AZ
ACTION: Interim rule; delay of effective regulations to restrict the interstate
date. movement and the importation into the AGENCY: Animal and Plant Health
United States of certain live fish species Inspection Service, USDA.
SUMMARY: On September 9, 2008, we
published an interim rule in the Federal that are susceptible to VHS. We ACTION: Final rule.
announced that the provisions of the
Register to restrict the interstate interim rule would become effective SUMMARY: We are amending the
movement and importation into the November 10, 2008, and that we would regulations regarding the importation of
United States of live fish that are consider all comments on the interim cattle from Mexico by adding San Luis,
susceptible to viral hemorrhagic rule received on or before November 10, AZ, as a port through which cattle that
septicemia, a highly contagious disease 2008, and all comments on the have been infested with fever ticks or
of certain freshwater and saltwater fish. environmental assessment for the exposed to fever ticks or tick-borne
That interim rule was scheduled to interim rule received on or before diseases may be imported into the
become effective on November 10, 2008. October 9, 2008. United States. A new facility for the
Subsequently, on October 28, 2008, we handling of animals is to be constructed
published a notice in the Federal Delay of Effective Date on the Mexican side of the border at the
Register announcing the delay of the After the publication of the interim port of San Luis, AZ, that will be
effective date of the interim rule until rule, we received comments that equipped with facilities necessary for
January 9, 2009. ,YVe are now delaying addressed a variety of issues, including the proper chute inspection, dipping,
the effective date of the interim rule the feasibility of implementing certain and testing that are required for such
indefinitely to provide APHIS with time requirements. cattle under the regulations. We are also
to make some adjustments to the interim Based on our review of those amending the regulations to remove
rule that are necessary for the rule to be comments, on October 28, 2008, we provisions that limit the admission of
successfully implemented. published a document in the Federal cattle that have been infested with fever
DATES: The effective date for the interim Register (73 FR 63867, Docket No. ticks or exposed to fever ticks or tick-
rule amending 9 CFR parts 71, 83, and APHIS-2007-0038) announcing that we borne diseases to the State of Texas. The
93, published at 73 FR 52173-52189 on were delaying the effective date of the statutory requirement that limited the
September 9, 2008, is delayed interim rule from November 10, 2008, admission of those cattle to the State of
indefinitely. until January 9, 2009, while retaining Texas has been repealed. These changes
FOR FURTHER INFORMATION CONTACT: Dr. November 10, 2008 as the close of the will make an additional port of entry
P. Gary Egrie, Senior Staff Veterinary comment period for the interim rule and available and relieve restrictions on the
Medical Officer, National Center for October 9, 2008 as the close of the movement of imported Mexican cattle
Animal Health Programs, VS, APHIS, comment period for the environmental within the United States.
4700 River Road Unit 46, Riverdale, MD assessment. DATES: Effective Date: This rule is
20737-1231; (301} 734-0695; or Dr. We are now delaying the effective effective January 2, 2009 except for the
Peter L. Merrill, Senior Staff date of the interim rule indefinitely to amendment (amendatory instruction 3)
2 Federal Register/Vol. 74, No. 1/Friday, January 2, 2009/Rules and Regulations
to § 93.427(b)(2) introductory text, for into the United States. A new facility for assessment,2 which gives additional
which the effective date is delayed the handling of animals is to be details regarding the reasons we do not
indefinitely. The Animal and Plant constructed on the Mexican side of the expect this rule to increase the number
Health Inspection Service will publish a border at the port of San Luis, AZ, that of Mexican cattle imported into the
document announcing an effective date will be equipped with facilities United States. As the addendum states,
for that provision in the Federal necessary for the chute inspection, increases or decreases in Mexican cattle
Register. dipping, and testing that are required for import volumes are due to a number of
FOR FURTHER INFORMATION CONTACT: Dr. such cattle under the regulations. We factors, most importantly weather, the
Betzaida Lopez. Staff Veterinarian, also proposed to amend the regulations financial situation of Mexican cattle
National Center for Import and Export, to remove provisions that limit the farmers, and the price of feeder cattle in
VS. APHIS, 4700 River Road Unit 39, admission of cattle that have been the southwestern United States. In
Riverdale. MD 20737-1231; (301) 734- infested with fever ticks or exposed to addition, although imports have
8364. fever ticks or tick-borne diseases to the increased over time, the total export
State of Texas. The statutory market for Mexican cattle is not
SUPPLEMENTARY INFORMATION:
requirement that limited the admission expected to increase in the future
Background of those cattle to the State of Texas has because the demand for domestic beef
The regulations in 9 CFR part 93 been repealed. These changes were within Mexico continues to increase.
prohibit or restrict the importation of intended to make an additional port of Mexican beef calf exports are almost all
certain animals, birds, and poultry' into entry available and relieve restrictions destined for the United States already.
the United States to prevent the on the movement of imported Mexican Therefore, it is unlikely that Mexican
introduction of communicable diseases cattle within the United States. cattle producers will have a large
of livestock and poultry. Subpart D of We solicited comments concerning number of additional cattle available for
part 93 (§§93.400 through 93.436, our proposal for 60 days ending March export to the United States.
referred to below as the regulations) 31, 2008. We received 52 comments by In addition, even if the export market
governs the importation of ruminants; that date. They were from private were to increase, we would not expect
within subpart D. §§ 93.424 through citizens, industry groups, and State large numbers of cattle to enter the
94.429 specifically address the agriculture organizations. United States through San Luis.
importation of various ruminants from Thirty-eight commenters supported Currently, the majority of Mexican cattle
Mexico into the United States. the proposed rule. Fourteen commenters (about 80 percent) are destined for New
In §93.426, paragraph (a) states that expressed concerns regarding the Mexico or Texas ports, with only a
all ruminants offered for entry into the proposed rule. The issues they raised small percentage (about 15 percent)
United States from Mexico must be are discussed below. going to ports in more westerly States,
inspected at the port of entry and found One commenter objected to allowing including Arizona and California. This
to be free from communicable diseases cattle infested with fever ticks to be is because the mountainous terrain and
and fever tick infestation and to not imported into the United States. lack of well-developed roads running
have been exposed to communicable The regulations currently allow cattle east to west within Mexico make it
diseases and fever tick infestation. that have been exposed to splenetic, difficult-for cattle from eastern States of
Ruminants found to be affected with or southern, or tick fever, or that have been Mexico, where the majority of cattle are
to have been exposed to a infested with or exposed to fever ticks, produced, to utilize ports in more
communicable disease, or infested with to be imported into the United States; westerly States.within the U.S. If these
fever ticks, are to be refused entry we proposed to allow their importation trends continue, we would expect the
except as provided in § 93.427(b)(2). through the port of San Luis. However, bulk of the increase in Mexican cattle
Under § 93.427(b)(2), cattle that have the animals would have to meet the imports to continue to enter through
been exposed to splenetic, southern, or requirements in the regulations for New Mexico and Texas ports based on
tick fever, or that have been infested inspection, dipping, and certification of proximity, cost, and convenience of
with or exposed to fever ticks, may be freedom from ticks before entering the travel. The Mexican States that are
imported from Mexico for admission United States. closest to the San Luis port and that
into the State of Texas, except that Many commenters expressed concern would, therefore, be most likely to use
portion of the State quarantined because that the opening of the new port at San the San Luis port are; Baja California
of fever ticks, either at one of the land Luis may cause an increase in the Norte, Baja California Sur, Navarit,
border ports in Texas listed in number of Mexican cattle imported into Sinaloa, and Sonora. Because these five
§ 93.403(c) of the regulations, or at the the United States annually, particularly Mexican States account for only about
port of Santa Teresa, NM, provided that because it would reduce the cost to ship 14 percent of Mexican cattle production,
certain conditions are met. Those for some entities. The commenters also even if they were to increase their cattle
conditions are spelled out in paragraphs stated that this increase could cause exports, it is unlikely that there will be
(b)(2)(i) through (b)(2)(v) of §93.427. financial harm to cattle ranchers in the a significant increase in the number of
On January 9, 2008, we published in United States or damage the Mexican cattle exported to the United
the Federal Register (73 FR 5132-5135, international reputation of the U.S. States as a result of our opening the port
Docket No. APHIS-2007-0095) a cattle industry. Several commenters of San Luis to cattle that have been
proposal1 to amend the regidations by expressed concern with the risk exposed to splenetic, southern, or tick
adding San Luis, AZ, as a port through assessment, stating that its conclusion fever, or that have been infested with or
which cattle that have been infested that the rule would not increase risk exposed to fever ticks.
with fever ticks or exposed to fever ticks was based on a faulty assumption that One commenter asked what impact
or tick-borne diseases may be imported the new port would not lead to an the proposed rule would have on the
increase in the volume of cattle exports price of cattle and beef.
1 To view the proposed rule, supporting from Mexico.
documents, and the comments we received, go to In response to these comments, we 2 See footnote 1 for the address to view the risk
http://ww.regulations.gov/fdmspublic/component/ assessment and the addendum to the risk
main?main=DocketDetailtrd=APHIS-2007-0095. have prepared an addendum to the risk assessment.