Federal Register 2011-01-06: Vol 76 Iss 4

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FEDERAL REGISTER
Vol. 76 Thursday
No. 4 January 6, 2011
OFFICE OF THE FEDERAL REGISTER

FEDERAL REGISTER
Vol. 76 Thursday
No. 4 January 6, 2011
Pages 697-1058
OFFICE OF THE FEDERAL REGISTER
II Federal Register/Vol. 76, No. 4/Thursday, January 6, 2011
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Contents
Federal Register
Vol. 76, No. 4
Thursday, January 6, 2011
Agriculture Department United States Pharmacopeial Convention, Rockville, MD,
See Federal Crop Insurance Corporation 799
See Forest Service
Education Department
Army Department NOTICES
See Engineers Corps Applications for New Awards:
NOTICES National Institute on Disability and Rehabilitation
Interim Change to Military Freight Traffic Unified Rules Research, 780-784
Publication No. 1, 776 Submission of Data by State Educational Agencies, 784-785
Meetings:
Board of Visitors, Defense Language Institute Foreign Employee Benefits Security Administration
Language Center, 776-777 NOTICES
Year 2010 Form M-1 with Electronic Filing Option;
Census Bureau Availability, 799-800'
NOTICES
Agency Information Collection Activities; Proposals, Employment and Training Administration
Submissions, and Approvals: NOTICES
Monthly Wholesale Trade Survey, 770-771 Policy and Procedural Changes:
Publication of Notices of Funding Opportunities, 800
Centers for Disease Control and Prevention
NOTICES Energy Department
Meetings: RULES
Advisory Committee on Breast Cancer in Young Women, Energy Conservation Program for Consumer Products:
787-788 Test Procedures for Clothes Dryers and Room Air
Conditioners, 972-1036
Children and Families Administration
NOTICES Engineers Corps
Agency Information Collection Activities; Proposals, NOTICES
Submissions, and Approvals; National Wetland Plant List, 777-780
National Survey of Child and Adolescent Well-Being —
Second Cohort, 788 Environmental Protection Agency
Meetings: RULES
Advisory Committee on Head Start Research and Guidelines for Awarding Clean Water Act Section 319 Base
Evaluation, 789 Grants to Indian Tribes, 709-717
PROPOSED RULES
Commerce Department Approvals and Promulgations of State ImfJlementation
See Census Bureau Plans:
See Foreign-Trade Zones Board Connecticut; Prevention of Significant Deterioration;
See International Trade Administration Greenhouse Gas Permitting Authority and Tailoring
Rule Revision, 752-758
Commodity Futures Trading Commission Disapprovals and Promulgations of Air Quality State
PROPOSED RULES implementation Plans:
Goverance Requirements for Derivatives Clearing Montana; Revisions to Administrative Rules of Montana;
Organization, Designation Contract Markets; etc., 722- Air Quality, Subchapter 7, etc., 758-763
737 State Implementation Plans:
NOTICES Kansas Section 110; Finding of Substantial Inadequacy,
Meetings: 763-766
Technology Advisory Committee, 776 NOTICES
Nationwide Waivers of Buy American Requirement of 2009
Comptroller of the Currency American Recovery and Reinvestment Act:
NOTICES Use of Small Horsepower Vertical Hollow Shaft Electric
Agency Information Collection Activities; Proposals, Motors (less than 40 horsepower), etc., 785-787
Submissions, and Approvals, 821 Recommended Toxicity Equivalence Factors for Human
Health Risk Assessments:
Defense Department 2,3,7,8-Tetrachlorodibenzo-p—dioxin and Dioxin-Like
See Army Department Compounds; Availability, 787
See Engineers Corps
Federal Aviation Administration
Drug Enforcement Administration PROPOSED RULES
NOTICES •Airworthiness Directives:
Importers of Controlled Substances; Registrations: Gulfstream Aerospace Corp. Model G 1159 Airplanes;
Noramco Inc., Athens, GA, 799 Withdrawal, 721
IV Federal Register/Vol. 76, No. 4/Thursday, January 6, 2011/Contents '
Federal Crop Insurance Corporation Interior Department
PROPOSED RULES See Fish and Wildlife Service
General Administrative Regulations: See National Park Service
Good-Performance Refunds, 718-721
Internal Revenue Service
Federal Emergency Management Agency RULES
Electronic Funds Transfer of Depository Taxes; Correction,
NOTICES
Major Disaster and Related Determinations: 708-709
Arizona, 790-791
Vermont, 791 International Trade Administration
Major Disaster Declarations: NOTICES
Vermont: Amendment No. 1, 791-792 Amended Final Determinations of Sales at Less than Fair
Value, etc.:
Federal Railroad Administration 1-Hydroxyethylidene-l, 1-Diphosphonic Acid from
People’s Republic of China, 772-773
NOTICES
Continuations of Antidumping Duty Orders:
Petitions for Waivers of Compliance:
Petroleum Wax Candles from People’s Republic of China,
Heber Valley Railroad, 818-819
773
Extension of Time Limit for Preliminary Results of New
Federal Trade Commission
Shipper Reviews:
RULES
Folding Metal Tables and Chairs from the People’s
Disclosures Regarding Energy Consumption and Water Use
Republic of China, 774
of Certain Home Appliances and Other Products, etc.,
Extensions of Time Limits for Final Results of Antidumping
1038-1058
Duty Administrative Reviews:
Light-Walled Rectangular Pipe and Tube from Mexico,
Fish and Wildlife Service
774
NOTICES
Extensions of Time Limits for Final Results of New Shipper
Multistate Conservation Grant Program; Priority List for
Reviews:
Conservation Projects, 793-794
Fresh Garlic from People’s Republic of China, 775
Initiation of Antidumping Duty New Shipper Review:
Food and Drug Administration
Diamond Sawblades and Parts Thereof from the People’s
PROPOSED RULES
Republic of China, 775-776
Tobacco Products:
Exemptions From Substantial Equivalence Requirements,
International Trade Commission
737-744
NOTICES
NOTICES
Complaints:
Guidance for Industry and Food and Drug Administration
Certain Birthing Simulators and Associated Systems,
Staff; Availabiity: '
797-798
Demonstrating Substantial Equivalence for Tobacco
Remand Proceedings:
Products, 789-790
Ball Bearings from Japan and the United Kingdom, 798-
799
Foreign-Trade Zones Board
NOTICES Justice Department
Grants of Authority for Subzone Status:
See Drug Enforcement Administration
Dow Corning Corp.; Carrollton, Elizabethtown, and
Shepherdsville, KY* 771 Labor Department
Reorganization/Expansion under Alternative Site See Employee Benefits Security Administration
Framework: See Employment and Training Administration
Foreign-Trade Zone 14; Little Rock, AR, 771-772
Maritime Administration
Forest Service
NOTICES
PROPOSED RULES Requested Administrative Waivers of Coastwise Trade
Community Forest and Open Space Conservation Program, Laws, 819-821
744-751
NOTICES National Park Service
Meetings:
NOTICES
Mendocino County Resource Advisory Committee, 770 Intent to Repatriate Cultural Items:
Southern Arizona Resource Advisory Committee, 770 Natchez Trace Parkway, Tupelo, MS, 794-795
Inventory Completions:
Health and Human Services Department Natchez Trace Parkway, Tupelo, MS; Correction, 795-796
See Centers for Disease Control and Prevention National Register of Historic Places:
See Children and Families Administration Pending Nominations and Related Actions, 796-797
See Food and Drug Administration
Nuclear Regulatory Commission
Homeland Security Department NOTICES
See Federal Emergency Management Agency Environmental Assessments; Availability, etc.:
See Transportation Security Administration Combined Licence Application for Callway Plant;
See U.S. Customs and Border Protection Ameren Missouri, 800-801
Federal Register/Vol. 76, No. 4/Thursday, January 6, 2011/Contents V
Exemptions: . Treasury Department
Florida Power and Light Co., Turkey Point Units 3 and See Comptroller of the Currency
4,802-805 See Internal Revenue Service
RULES
Securities and Exchange Commission United States'- Oman Free Trade Agreement, 697-708
PROPOSED RULES
Registration of Municipal Advisors, 824-969 U.S. Customs and Border Protection
NOTICES RULES
Self-Regulatory Organizations; Proposed Rule Changes; United States - Oman Free Trade Agreement, 697-708
NASDAQ OMX PHLX LLC, 812-817
NYSE Area, Inc., 805-812 United States Institute of Peace
NOTICES
Social Security Administration Meetings, 821 • . ■
NOTICES
Agency Information Collection Activities; Proposals,
Submissions, and Approvals, 817-818 Separate Parts In This Issue
State Department
Part II
NOTICES Securities and Exchange Commission, 824-969
Determinations Under the Arms Export Control Act, 818
Part III
Surface Transportation Board
Energy Department, 972-1036
PROPOSED RULES
Amtrak Emergency Routing Orders, 766-769
Part IV
Federal Trade Commission, 1038-1058
Transportation Department
See Federal Aviation Administration
See Federal Railroad Administration
Reader Aids
See Maritime Administration
Consult the Reader Aids section at the end of this page for
See Surface Transportation Board
phone numbers, online resources, finding aids, reminders,
See Transportation Security Administration
and notice of recently enacted public laws.
Transportation Security Administration To subscribe to the Federal Register Table of Contents
NOTICES LISTSERV electronic mailing list, go to http://
Agency Information Collection Activities; Proposals, listserv.arcess.gpo.gov and select Online mailing list
Submissions, and Approvals: archives, FEDREGTOC-L, Join or leave the list (or change
Exercise Information System, 792-793 settings); then follow the instructions.
VI Federal Register/Vol. 76, No. 4/Thursday, January 6, 2011/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
Proposed Rules:
400.718
10 CFR
430.972
14 CFR
Proposed Rules:
39.721
16 CFR
305.1038
17 CFR
Proposed Rules:
1.722
37 .722
38 .722
39 .722
40 .722
240.824
249.824
19 CFR
10.697
24.697
162 .697
163 . 697
178.697
21 CFR
Proposed Rules:
16.737
1107.737
26 CFR
1.708
31.708
40 (2 documents).708, 709
301 (2 documents).708, 709
36 CFR
Proposed Rules:
230.744
40 CFR
35.709
Proposed Rules:
52 (3 documents).752, 758,
763
49 CFR
Proposed Rules:
1011. .766
1034. .766
1102. .766
1104. .766
1115. .766
• li.' . «0!(,
m
Rules and Regulations
Federal Register
Vol. 76, No. 4
Thursday, January 6, 2011
This section of the FEDERAL REGISTER regulations.gov, including any personal the standard of living for the citizens of
contains regulatory documents having general information provided. For detailed the Parties by liberalizing and
applicability and legal effect, most of which instructions on submitting comments expanding trade between them;
are keyed to and codified in the Code of and additional information on the enhancing the competitiveness of the
Federal Regulations, which is published under rulemaking process, see the “Public enterprises of the Parties in global
50 titles pursuant to 44 U.S.C. 1510. Participation” heading of the markets: establishing clear and mutually
The Code of Federal Regulations is sold by SUPPLEMENTARY INFORMATION section of advantageous rules governing trade
the Superintendent of Documents. Prices of this document. between the Parties; eliminating bribery
new books are listed in the first FEDERAL Docket: For access to the docket to and corruption in international trade
REGISTER issue of each week. read background documents or and investment; fostering creativity and
comments received, go to http://www. innovation by improving technology •
regulations.gov. Subipitted comments and enhancing the protection and
DEPARTMENT OF HOMELAND may also be inspected during regular enforcement of intellectual property
SECURITY business days between the hours of rights; strengthening the development
9 a.m. and 4:30 p.m. at the Trade and and enforcement of labor and
U.S. Customs and Border Protection
Commercial Regulations Branch, environmental laws and policies; and
Regulations and Rulings, Office of establishing an expanded free trade area
DEPARTMENT OF THE TREASURY
International Trade, U.S. Customs and in the Middle East, thereby contributing
Border Protection, 799 9th Street, NW., to economic liberalization and
19 CFR Parts 10, 24,162,163, and 178
(5th Floor), Washington, DC. development in the region.
[USCBP-201(M)041; CBP Dec. 11-01] Arrangements to inspect submitted The provisions of the OFTA were
comments should be made in advance adopted by the United States with the
RIN 1515-AD68 by calling Mr. Joseph Clark at (202) 325- enactment of the United States—Oman
United States—Oman Free Trade 0118. Free Trade Agreement Implementation
Agreement FOR FURTHER INFORMATION CONTACT: Act (the “Act”), Public Law 109-283,
Textile Operational Aspects: Robert 120 Stat. 1191 (19 U.S.C. 3805 note), on
agency: U.S. Customs and Border Abels, Office of International Trade, September 26, 2006. Section 206 of the
Protection, Department of Homeland [phone]. Other Operational Act requires that regulations be
Security; Department of the Treasury. Aspects: Seth Mazze, Office of prescribed as necessary (following
ACTION: Interim regulations; solicitation International Trade, [phone]. implementation of the OFTA by
of comments. Audit Aspects: Deaune Volk, Office of presidential proclamation).
International Trade, [phone]. On December 29, 2008, President
SUMMARY: This document amends the Legal Aspects: Elif Eroglu, Office of Bush signed Proclamation 8332 to
U.S. Customs and Border Protection International Trade, [phone]. implement the provisions of the OFTA.
(“CBP”) regulations on an interim basis The proclamation, which was published
to implement the preferential tariff SUPPLEMENTARY INFORMATION: in the Federal Register on December 31,
treatment and other customs-related Public Participation 2008 (73 FR 80289), modified the
provisions of the United States—Oman Interested persons are invited to Harmonized Tariff Schedule of the
Free Trade Agreement entered into by participate in this rulemaking by United States (“HTSUS”) as set forth in
the United States and the Sultanate of submitting written data, views, or Annexes I and II of Publication 4050 of
Oman. arguments on all aspects of the interim the U.S. International Trade
DATES: Interim rule effective January 6, rule. CBP also invites comments that Commission. The modifications to the
2011; comments must be received by relate to the economic, environmental, HTSUS included the addition of new
March 7, 2011. or federalism effects that might result General Note 31, incorporating the
ADDRESSES: You may submit comments, from this interim rule. Comments that relevant OFTA rules of origin as set
identified by docket number, by one of will provide the most assistance to CBP forth in the Act, and the insertion
the following methods: will reference a specific portion of the throughout the HTSUS of the
• Federal eRulemaking Portal: http:// interim rule, explain the reason for any preferential duty rates applicable to
www.regulations.gov. Follow the recommended change, and include data, individual products under the OFTA
instructions for submitting comments information, or authority that support where the special program indicator
via docket number USCBP-2010-0041. such recommended change. See “OM” appears in parenthesis in the
• Mail: Trade and Commercial ADDRESSES above for information on “Special” rate of duty subcolumn. The
Regulations Branch, Regulations and how to submit comments. modifications to the HTSUS also
Rulings, Office of International Trade, included a new Subchapter XVI to
Background
U.S. Customs and Border Protection, Chapter 99 to provide for temporary
799 9th Street, NW., 5th Floor, On January 19, 2006, the United tariff rate quotas and applicable
Washington, DC 20229-1179. States and the Sultanate of Oman (the safeguards implemented by the OFTA.
Instructions: A11 submissions received “Parties”) entered into the U.S.—Oman U.S. Customs and Border Protection
must include the agency name and Free Trade Agreement (“OFTA” or (“CBP”) is responsible for administering
docket number for this rulemaking. All “Agreement”). The stated objectives of the provisions of the OFTA and the Act
comments received will be posted the OFTA include creating new that relate to the importation of goods
without change to http://www. employment opportunities and raising into the United States from Oman.
698 Federal Register/Vol. 76, No. 4/Thursday, January 6, 2011/Rules and Regulations
Those customs-related OFTA provisions result of undergoing simple combining Guatemala, Honduras, Nicaragua, the
that require implementation through or packaging operations, or mere Dominican Republic, Costa Rica, or
regulation include certain tariff and dilution with water or another Bahrain, no bond or other security will
non-tariff provisions within Chapter substance that does not materially alter he required when imported temporarily
One (Establishment of Free Trade Area the characteristics of the good. for prescribed uses. The provisions of
and Definitions), Chapter Two (Market Article 4.4 provides for the OF’TA Article 2.5 (temporary admission
Access), Chapter Three (Textiles and accumulation of production in the of goods) are already reflected in
Apparel), Chapter Four (Rules of territory of one or both of the Parties in existing temporary importation bond or
Origin), and Chapter Five (Customs determining whether a good qualifies as other provisions contained in Part 10 of
Administration). originating under the OFTA. Articles 4.5 the CBP regulations and in Chapter 98
These implementing regulations and 4.6 set forth the rules for calculating of the HTSUS.
incorporate certain general definitions the value of materials and the direct
Part 10, Subpart P
set forth in Article 1.3 of the OFTA. costs of processing operations,
These regulations also implement respectively, for purposes of General Provisions
Article 2.6 (Goods Re-entered after determining whether a good satisfies the
Section 10.861 outlines the scope of
Repair or Alteration) of the OFTA. 35 percent value-content requirement.
new Subpart P, Part 10. This section
Chapter Three of the OFTA sets forth Articles 4.7 through 4.9 consist of
the measures relating to trade in textile additional sub-rules applicable to also clarifies that, except where the
and apparel goods between Oman and originating goods, involving packaging context otherwise requires, the
the United States under the OFTA. The and packing materials and containers requirements contained in Subpart P,
provisions within Chapter Three that for retail sale and for shipment, indirect Part 10 are in addition to general
require regulatory action by CBP are materials, and transit and administrative and enforcement
Article 3.2 (Rules of Origin and Related transshipment. In addition. Articles 4.10 provisions set forth elsewhere in the
Matters), Article 3.3 (Customs and 4.11 set forth the procedural CBP regulations. Thus, for example, the
Cooperation for Textile and Apparel requirements that apply under the specific merchandise entry
Goods), and Article 3.5 (Definitions). OFTA, in particular with regard to requirements contained in Subpart P,
Chapter Four of the OFTA sets forth Part 10 are in addition to the basic entry
importer claims for preferential tariff
the rules for determining whether an requirements contained in Parts 141-
treatment. Article 4.14 provides
imported good qualifies as an 143 of the CBP regulations.
definitions of certain terms used in
originating good of the United States or Section 10.862 sets forth definitions
Chapter Four of the OFTA. The basic
Oman (OFTA Party) and, as such, is of common terms used in multiple
rules of origin in Chapter Four of the
therefore eligible for preferential tariff contexts or places within Suhpart P,
OFTA are set forth in General Note 31,
(duty-free or reduced duty) treatment as Part 10. Although the majority of the
HTSUS.
specified in the Agreement. Under definitions in this section are based on
Chapter Five sets forth the customs
Article 4.1, originating goods may be definitions contained in Article 1.3 of
operational provisions related to the
grouped in three broad categories: (1) the OFTA and section 3 of the Act, other
implementation and administration of
Goods that are wholly the growth, definitions have also been included to
the OFTA.
product, or manufacture of one or both clarify the application of the regulatory
In order to provide transparency and
of the Parties: (2) goods (other than texts. Additional definitions which
facilitate their use, the majority of the
those covered by the product-specific apply in a more limited Subpart P, Part
OFTA implementing regulations set
rules set forth in Annex 3-A or Annex 10 context are set forth elsewhere with
forth in this document have been
4-A) that are new or different articles of the substantive provisions to which they
included within new Subpart P in Part
commerce that have been grown, relate.
10 of the CBP regulations (19 CFR Part
produced, or manufactured in the
10). However, in those cases in which Import Requirements
territory of one or both of the Parties,
OFTA implementation is more
and that have a minimum value-content, Section 10.863 sets forth the
appropriate in the context of an existing
i.e., at least 35 percent of the good’s procedure for claiming OFTA tariff
regulatory provision, the OFTA
appraised value must be attributed to benefits at the time of entry.
regulatory text has been incorporated in
the cost or value of materials produced Section 10.864, as provided in OFTA
an existing Part within the CBP
in one or both of the Parties plus the Article 4.10(b), requires a U.S. importer,
regulations. In addition, this document
direct costs of processing operations upon request, to submit a declaration
sets forth several cross-references and
performed in one or both of the Parties; setting forth all pertinent information
other consequential changes to existing
and (3) goods that satisfy the product- concerning the growth, production, or
regulatory provisions to clarify the
specific rules set forth in Annex 3-A manufacture of the good. Included in
relationship between those existing
(textile or apparel goods) or Annex § 10.864 is a provision that the
provisions and the new OFTA
4-A (certain non-textile or non-apparel declaration may be used either for a
implementing regulations. The
goods). single importation or for multiple
Article 4.2 explains that the term regulatory changes are discussed below importations of identical goods.
in the order in which they appear in this
“new or different article of commerce” Section 10.865 sets forth certain
means a good that has been document. importer obligations regarding the
substantially transformed from a good or Discussion of Amendments truthfulness of information and
material that is not wholly the growth, documents submitted in support of a
Part 10
product, or manufacture of one or both claim for preferential tariff treatment
of the Parties and that has a new name, Section 10.31(f) concerns temporary under the OFTA. As provided in OFTA
character, or use distinct from the good importations under bond. It is amended Article 4.10(a), this section states that a
or material from which it was by adding references to certain goods U.S. importer who makes a claim for
transformed. Article 4.3 provides that a originating in Oman for which, like preferential tariff treatment for a good is
good will not be considered to be a new goods originating in Canada, Mexico, deemed to have certified that the good
or different article of commerce as the Singapore, Chile, Morocco, El Salvador, qualifies for such treatment.