Federal Register 2009-01-06: Vol 74 Iss 3

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Vol. 74 No. 3 Jan. 6, 2009
Pages 393-608
II Federal Register/Vol. 74, No. 3/Tuesday, January 6, 2009
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Contents
Federal Register
Vol. 74, No. 3
Tuesday, January 6, 2009
Agriculture Department Inviting Applicaiions for New Awards for Fiscal Year (FY
See Animal and Plant Health Inspection Service 2009):
See Food and Nutrition Service Office of Elementary and Secondary Education; High
See Forest Service School Equivalency Program; Correction, 437-441
See Rural Utilities Service
NOTICES Employment and Training Administration
Agency Information Collection Activities; Proposals,
NOTICES
Submissions, and Approvals, 428
Amended Certification Regarding Eligibility to Apply for
Worker Adjustment Assistance and Alternative Trade
Animal and Plant Health Inspection Service
Adjustment Assistance:
NOTICES
Cequent Electrical Products, Inc.; Tekonsha, MI, et al.,
Availability of Site Specific Environmental and Pest Risk
465-466
Assessments, etc.;
Eljer, Inc.; Ford City, PA, 466
Interstate Movement of Garbage from Hawaii to Oregon,
Fisher & Company, Inc.; St. Clair Shores, MI, 466
428-429
Five Rivers Electronic Innovations, LLC; Greeneville, TN,
467
Army Department
Ingersoll-Rand; New Haven, CT, 467
NOTICES
Royal Home Fashions; Durham, NC, 467-468
Environmental Impact Statements; Availability, etc.:
Royal Home Fashions; Henderson, NC, 468—469
Grow the Army and Facilities Expansion; Presidio of
Royal Home Fashions; Oxford, NC, 468
Monterey, CA, 435-436
Visteon Systems, LLC; Lansdale, PA, 469
Negative Determination on Reconsideration:
Children and Families Administration
Rexam Closure Systems, Inc.; Bowling Green, OH, 469
NOTICES
Termination of Investigation:
Agency Information Collection Activities; Proposals,
Ideal; St. Augustine, FL, 470
Submissions, and Approvals, 447—448
Coast Guard Energy Department
PROPOSED RULES See Federal Energy Regulatory Commission
Commercial Diving Operations, 414—416 PROPOSED RULES
NOTICES Energy Efficiency Program for Consumer Products:
Agency Information Collection Activities; Proposals, Public Meeting and Availability of the Framework
Submissions, and Approvals, 449—454 Document for Walk-in Coolers and Walk-In Freezers,
411-413
Commerce Department
See Industry and Security Bureau
Environmental Protection Agency
See International Trade Administration
NOTICES
See National Oceanic and Atmospheric Administration
Cruise Ship Discharge Assessment Repor; Availability, 442-
445
Comptroller of the Currency
Meetings:
NOTICES Good Neighbor Environmental Board, 445
Community Reinvestment Act; Interagency Questions and
Request for Nominations to the Good Neighbor
Answers Regarding Community Reinvestment, 498-542
Environmental Board, 445—446
Defense Department
See Army Department Executive Office of the President
See Trade Representative, Office of United States
Drug Enforcement Administration
NOTICES Federal Aviation Administration
Applications; Denials:
RULES
Wonderyears, Inc., 457—459 IFR Altitudes:
Suspension of Registration; Granting of Renewal Miscellaneous Amendments, 396—400
Application Subject to Condition:
Jayam Krishna-Iyer, M.D., 459—464
Federal Deposit Insurance Corporation
Education Department NOTICES
Community Reinvestment Act; Interagency Questions and
RULES Answers Regarding Community Reinvestment, 498-542
Family Educational Rights and Privacy; Correction, 400-
401
NOTICES Federal Emergency Management Agency
Agency Information Collection Activities; Proposals, RULES
Submissions, and Approvals, 436—437 Final Flood Elevation Determinations, 401—410
IV Federal Register/Vol. 74, No. 3/Tuesday, January 6, 2009/Contents
Federal Energy Regulatory Commission See National Park Service
NOTICES
Applications: International Trade Administration
Bexar-Medina-Atascosa Counties Water; Control and NOTICES
Improvement District (No. 1), 442 Extension of Time Limit for Final Results of New Shipper
Cedar Creek Hydro, LLC,442 Review:
Cut-to-Length Carbon Steel Plate from the People’s
Federal Reserve System Republic of China, 430
NOTICES
Change in Bank Control Notices; Acquisition of Shares of Justice Department
Bank or Bank Holding Companies, 446 See Drug Enforcement Administration
Community Reinvestment Act; Interagency Questions and
Answers Regarding Community Reinvestment, 498-542
Labor Department
See Employment and Training Administration
Fish and Wildlife Service
NOTICES
PROPOSED RULES Agency Information Collection Activities; Proposals,
Endangered and Threatened Wildlife and Plants:
Submissions, and Approvals, 464-465
Partial 90-Day Finding on a Petition to List 475 Species
in the Southwestern United States, etc., 419-427
Land Management Bureau
Food and Nutrition Service NOTICES
Temporary Closure of Public Lands to Motorized Vehicle
RULES
Travel on Public Lands, 456
Special Supplemental Nutrition Program for Women,
Infants and Children (WIC):
Discretionary WIC Vendor Provisions in the Child National Institutes of Health
Nutrition and WIC Reauthorization Act of 2004, etc., NOTICES
544-572 Agency Information Collection Activities; Proposals,
Submissions, and Approvals, 448—449
Forest Service Meetings:
National Library of Medicine, 449
NOTICES
Meetings:
Siskiyou County Resource Advisory Committee, 429 National Oceanic and Atmospheric Administration
New Fee Sites: NOTICES
White Mountain National Forest; Federal Lands Availability of Draft Damage Assessments and Restoration
Recreation Enhancement Act, (Title VIII, Pub. L. 108- Plans and Environmental Assessments:
447), 429-430 M/V Athos I Oil Spill; Request for Comments, 430-432
Meetings:
General Services Administration Gulf of Mexico Fishery Management Council, 432-433
NOTICES Mid-Atlantic Fishery Management Council, 433
Agency Information Collection Activities; Proposals, New England Fishery Management Council, 433-434
Submissions, and Approvals, 446-447 South Atlantic Fishery Management Council, 434-435
Health and Human Services Department National Park Service
See Children and Families Administration
NOTICES
See National Institutes of Health Meetings:
NOTICES Acadia National Park Advisory Commission, 456
Release of Action Plan to Prevent Healthcare-Associated Public Open Houses for 2009 Calendar Year:
Infections, 447
Golden Gate National Recreation Area, 456-457
Homeland Security Department
Nuclear Regulatory Commission
See Coast Guard
See Federal Emergency Management Agency NOTICES
Environmental Impact Statements; Availability, etc.:
See U.S. Citizenship and Immigration Services
AmerGen Energy Co., LLC; Three Mile Island Nuclear
Station, Unit 1; Draft Supplement 37; Correction, 470
Indian Affairs Bureau
Environmental Impact Statements; Intent, etc.:
NOTICES
PPL Bell Bend, LLC; Bell Bend Nuclear Power Plant,
No Child Left Behind Act (of 2001), 454-456
470-472
Industry and Security Bureau Meetings; Sunshine Act, 472
Privacy Act; Systems of Records, 574-608
PROPOSED RULES
Inquiries; Requests for Public Comments:
Foreign Produced Encryption Items Made from U.S. Office of United States Trade Representative
Origin Encryption Technology or Software, 413-414 See Trade Representative, Office of United States
Interior Department Postal Regulatory Commission
See Fish and Wildlife Service NOTICES
See Indian Affairs Bureau FY 2008 Annual Compliance Report; Comment Request,
See Land Management Bureau 473-474
Federal Register/Vol. 74, No. 3/Tuesday, January 6, 2009/Contents V
Rural Utilities Service See Surface Transportation Board
RULES
Amending the Water and Waste Program Regulations, 393- Treasury Department
395 See Comptroller of the Currency
PROPOSED RULES See Thrift Supervision Office
Amending the Water and Waste Program Regulations, 411 See United States Mint
Securities and Exchange Commission U.S. Citizenship and Immigration Services
NOTICES RULES
Agency Information Collection Activities; Proposals, Adjustment of Status to Lawful Permanent Resident for
Submissions, and Approvals, 474-477 Aliens in T or U Nonimmigrant Status:
Applications: ' Correction, 395
Franklin Templeton Fund Allocator Series, et al., 477-
479 United States Mint
Meetings; Sunshine Act, 479-480
NOTICES
Self-Regulatory Organizations; Proposed Rule Changes: New Pricing Methodologies:
Chicago Board Options Exchange, Inc., 480-482 Numismatic Products Containing Platinum and Gold
International Securities Exchange, LLC, 482-483 Coins, 493-496
New York Stock Exchange LLC, 483-485
NYSE Alternext US LLC, 485-488
NYSE Area, Inc., 488-492
Separate Parts In This Issue
Surface Transportation Board
Part II
PROPOSED RULES
Federal Deposit Insurance Corporation; Federal Reserve
Rail Transportation Contracts (Under 49 U.S.C. 10709),
System; Treasury Department, Comptroller of the
416-419
Currency; Treasury Department, Thrift Supervision
NOTICES
Office, 498-542
Abandonment Exemptions:
Norfolk Southern Railway Co.; Henry County, VA, 492-
Part III
493
Agriculture Department, Food and Nutrition Service, 544-
Thrift Supervision Office 572
NOTICES
Part IV
Community Reinvestment Act; Interagency Questions and
Answers Regarding Community Reinvestment, 498-542 Nuclear Regulatory Commission, 574-608
Trade Representative, Office of United States
NOTICES Reader Aids
Determination Regarding Waiver of Discriminatory Consult the Reader Aids section at the end of this issue for
Purchasing Requirements with Respect to Goods and phone numbers, online resources, finding aids, reminders,
Services; and notice of recently enacted public laws.
Covered by Chapter 9 of the Dominican Republic-Central
America-United States Free Trade Agreement for To subscribe to the Federal Register Table of Contents
Costa Rica, 472-473 LISTSERV electronic mailing list, go to http://
listserv.access.gpo.gov and select Online mailing list
Transportation Department archives, FEDREGTOC-L, Join or leave the list (or change
See Federal Aviation Administration settings); then follow the instructions.
VI Federal Register/Vol. 74, No. 3/Tuesday, January 6, 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.
7 CFR
246. .544
1780. .393
Proposed Rules:
1780. .411
8 CFR
103. .395
212. .395
214. .395
245. .395
299. .395
10 CFR
Proposed Rules:
431. .411
14 CFR
95. .396
15 CFR
Proposed Rules:
736. .413
34 CFR
99. .400
44 CFR
67. .401
46 CFR
Proposed Rules:
197. .414
49 CFR
Proposed Rules:
1301. .416
50 CFR
Proposed Rules:
17. .419
393
Rules and Regulations
Federal Register
Vol. 74, No. 3
Tuesday, January 6, 2009
This section of the FEDERAL REGISTER the proposed rule section. A second E-Government Act Compliance
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50 titles pursuant to 44 U.S.C. 1510. 2009. other information technologies to
provide increased opportunities for
Tthhee SCuopdeeri notfe Fndedeenrta ol f RDeogcuulamtieonntss . isP rsiocleds boyf AtoD tDhRisE SrSuEleS : bYy oaun ym aoyf tshueb fmolilto cwoimngm ents citizen access to Government
new books are listed in the first FEDERAL information and services, and for other
methods:
REGISTER issue of each week. purposes.
• Federal eRuIemaking Portal: Go to
http://www.regulations.gov. In the Catalog of Federal Domestic Assistance
DEPARTMENT OF AGRICULTURE “Search Documents” box, enter RUS-08-
Water-0005, check the box under the The Catalog of Federal Domestic
Rural Utilities Service Search box labeled “Select to find Assistance (CFDA) number assigned to
documents accepting comments or the water and waste loan and grant
7 CFR Part 1780 submissions”, and click on the GO» program is 10.760, Water and Waste
key. To submit a comment, choose Disposal Systems for Rural
RIN 0572-AC 11 “Send a comment or submission” urnier Communities. The Catalog is available
Amending the Water and Waste the Docket Title. In order to submit your on the Internet and the General Services
Program Regulations comment, the information requested on Administration’s (GSA) free CFDA Web
the “Public Comment and Submission site at http://www.cfda.gov. The CFDA
AGENCY: Rural Utilities Service, USDA. Form” must be completed. (If you click Web site also contains a PDF file version
ACTION: Direct final rule. on the hyperlink of the docket when the of the Catalog that, when printed, has
search returns it, you will see the docket the same layout as the printed
SUMMARY: The Rural Utilities Service details. Click on the yellow balloon to document that the Government Printing
(RUS), an agency delivering the United
receive the “Public Comment and Office (GPO) provides. GPO prints and
States Department of Agriculture’s
Submission Form”.) Information on sells the CFDA to interested buyers. For
(USDA) Rural Development Utilities
Programs, hereinafter referred to as using Regulations.gov, including information about purchasing the
Rural Development or the Agency, is instructions for accessing documents, Catalog of Federal Domestic Assistance
submitting commerits, and viewing the
amending its regulations to administer from GPO, call the Superintendent of
docket after the close of the comment
the Water and Waste Loan and Grant Documents at 202-512-1800 or toll free
period, is available through the site’s
Programs. This action implements at 866-512-1800, or access GPO’s on¬
“How to Use this Site” link.
provisions of the 2008 Farm Bill for line bookstore at http://
• Postal Mail/Commercial Delivery:
interest rates on direct loans and bookstore.gpo.gov.
Please send your comment addressed to
modifies the interest rate structure
Michele Brooks, Director, Program Executive Order 12372
currently being used for the direct loan
Development and Regulatory Analysis,
program. Interest rates on loans subject USDA Rural Development, STOP 1522, The program is subject to the
to 5 or 7 percent interest rate limitations Room 5159, 1400 Independence provisions of Executive Order 12372,
(poverty and intermediate rates,
Avenue, Washington, DC 20250-1522. which requires intergovernmental
respectively) will adjust with changes in
Other Information: Additional consultation with State and local
the market rate. The poverty and
information about Rural Development officials. Consultation will be completed
intermediate interest rates will be
and its programs is available at http:// at the time of the action performed.
established at rates equal to a percentage
www^rurdev. usda.gov/index.html.
of current market yields for outstanding Executive Order 12988
municipal obligations. The intended FOR FURTHER INFORMATION CONTACT:
effect of the amendment is to make part Cheryl Francis, Loan Specialist, Water This rule has been reviewed under
1780 current with statutory authority. and Environmental Programs, USDA Executive Order 12988, Civil Justice
No adverse comments are expected. Rural Development, 1400 Independence Reform. The Agency has determined
DATES: This rule will become effective Avenue, STOP 1570, Room 2229 South that this rule meets the applicable
February 20, 2009 without further Building, Washington, DC 20250-1570. standards provided in section 3 of the
action unless the Agency receives Telephone: [phone]: Fax: (202) Executive Order. Additionally, (1) all
written adverse comments or written 690-0649; e-mail: state and local laws and regulations that
notices of intent to submit adverse cheryl.francis@wdc. usda.gov. are in conflict with this rule will be
comments on or before February 5, SUPPLEMENTARY INFORMATION: preempted; (2) no retroactive effect will
2009. If the Agency receives adverse be given to the rule; and (3)
comments or notices, the Agency will Executive Order 12866 administrative appeal procedures, if
publish a timely notice in the Federal This rule has been determined to be any, must be exhausted before litigation
Register withdrawing the rule. not significant and was not reviewed by against the Department or its agencies
Comments received will be considered the Office of Management and Budget may be initiated, in accordance with the
under the proposed rule published in (OMB) under Executive Order 12866, regulations of the National Appeals
this edition of the Federal Register in Regulatory Planning and Review. Division of USDA at 7 CFR part 11.
394 Federal Register/Vol. 74, No. 3/Tuesday, January 6, 2009/Rules and Regulations
Executive Order 13132, Federalism most financially needy rural obligations in accordance with the
communities. Financial assistance Omnibus Reconciliation Act of 1981.
The policies contained in this rule do
should result in reasonable user costs Regardless of whether the interest rates
not have any substantial direct effect on
for rural residents, rural businesses, and must be determined by the approval
states, on the relationship between the
other rural users. The program is limited date of a loan—on or before May 22,
national government and the states, or
to rural areas and small towns with a 2008, or on or after May 23, 2008—these
on the distribution of power and
population of 10,000 or less. statutory limitations are in effect.
responsibilities among the various
levels of government. Nor does this final The direct loan program has a three- Loans approved at each level of
rule impose substantial direct tier interest rate structure, commonly interest rates must meet certain
compliance costs on state and local known as the poverty, intermediate, and requirements under the water and waste
governments. Therefore, consultation market rates. The poverty and regulation. All loans approved at the
with states is not required. intermediate rates are available to poverty rate must comply with the
customers least able to afford high following conditions:
Regulatory Flexibility Act Certification interest rates. The poverty rate should
(1) The primary loan purpose will be
be the lowest rate. However, the market
Under section 605(b) of the to upgrade existing facilities or
rate was lower than the poverty rate
Regulatory Flexibility Act, 5 U.S.C. construct new facilities required to meet
(inverted rates) 11 out of 23 quarters
605(b), the Agency certifies that this applicable health or sanitary standards,
from fiscal year 2003 through 2008. The
rule will not have a significant and
inverted rates meant that the customers
economic impact on a substantial (2) The median household income of
eligible for poverty and intermediate
number of small entities. The the service area is below the poverty
rate loans would repay their loans at
amendments reflect only statutory level for a family of four, or below 80
rates higher than those that the market
changes that Congress has mandated percent of the statewide
rate customers would pay. The inverted
and over which the Agency has no nonmetropolitan median household
rates were inconsistent with section
discretion. They also involve minimal 307(a)(3)(A) of the CONACT, which income.
procedural matters on other agreements
stipulated that interest rates on loans be The intermediate interest rate applies
already negotiated.
lower than the current market yield for to loans that do not meet the
Unfunded Mandates outstanding municipal obligations. requirements for the poverty rate and for
The Food, Conservation and Energy which the median household income of
This rule contains no Federal
Act of 2008 (Farm Bill) (Pub. L. 110- the service area is not more than 100
mandates (under the regulatory
234) amends section 307(a)(3) of the percent of the nonmetropolitan median
provisions of Title II of the Unfunded
CONACT (7 U.S.C. 1927(a)(3)). The household income of the State. The
Mandates Reform Act of 1995) for State,
amendments ensure that the poverty market rate applies to all loans that do
local, and tribal governments or the
and intermediate rates are tied to the not qualify for a poverty or intermediate
private sector. Thus, this rule is not
market rate. As percentages of the interest rate.
subject to the requirements of sections
202 and 205 of the Unfunded Mandates market rate, they will always be lower The three-tier interest rate structure
Reform Act of 1995. than the market rate. The poverty rate is existed on May 22 as follows:
set at 60 percent of the market rate, and (1) Poverty Interest Rate. The poverty
National Environmental Policy Act the intermediate rate is set at 80 percent rate was set at 4.500 percent regardless
Certification of the market rate. This interest rate of fluctuations in the market rate,
This final rule has been examined change applies to loans approved after subject to the statutory limit of five
under Agency environmental May 22, 2008. The change does not percent.
regulations at 7 CFR part 1794. The apply to a loan for a specific project that (2) Intermediate Interest Rate. The
Administrator has determined that this has been approved, but not closed on or intermediate rate was set at one-half of
action is not a major Federal action before May 22, 2008. The interest rates the difference of the poverty rate and
significantly affecting the environment. of those loans will be determined by the the market rate.
Therefore, in accordance with the rate structure that existed before the (3) The market interest rate is based
National Environmental Policy Act of enactment of the Farm Bill. To conform
on the 11-Bond Index, published by
1969 (42 U.S.C. 4321 et seq.), an to the Farm Bill’s provisions, the water
Bond Buyer for general obligation
Environmental Impact Statement or and waste loan and grant regulation, 7
bonds. The calculation uses the average
Assessment is not required. CFR Part 1780, is being amended.
yield of the four weeks prior to the first
The interest rate changes will provide
Information Collection and for a tiered interest rate structure, Friday pf the last month before the
Recordkeeping Requirements providing for the lowest interest rates to beginning of a quarter.
This rule contains no new reporting the lowest income communities. The The poverty and intermediate interest
or recordkeeping burdens under OMB new rate structure will allow the rates will be determined based on the
control number 0572-0121 that would Agency to provide the neediest approval date of the loan under
require approval under the Paperwork communities with financial assistance amendments to the water and waste
Reduction Act of 1995 (44 U.S.C. that will result in reasonable user costs regulation. For a loan for a specific
•Chapter 35). for their users. project that has been approved, but not
The poverty and intermediate interest closed on or before May 22, the rate
Background rates have statutory limitations, structure in effect at that time will
The water ahd waste loan and grant established by the CONACT in section determine the rates. For loans approved
program is authorized by the 307(a)(3). The poverty rate cannot on or after May 23, 2008, the percentage
Consolidated Farm and Rural exceed five percent, and the of market rate will be used to determine
Development Act (CONACT), (7 U.S.C. intermediate rate cannot exceed seven the poverty and intermediate interest
1921 et seq.), as amended. The program percent. As explained above, the market rates.
provides loan and grant funds for water rate cannot exceed the current market The following table summarizes the
and waste disposal projects serving the yield for outstanding municipal interest rates: