Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Rules and Regulations 10411 

PART 50—DOMESTIC LICENSING OF 

PRODUCTION AND UTILIZATION 

FACILITIES 

■ 1. The authority citation for part 50 

continues to read as follows: 

Authority: Secs. 102, 103, 104, 105, 161, 

182, 183, 186, 189, 68 Stat. 936, 937, 938, 

948, 953, 954, 955, 956, as amended, sec. 

234, 83 Stat. 444, as amended (42 U.S.C. 

2132, 2133, 2134, 2135, 2201, 2232, 2233, 

2236, 2239, 2282); secs. 201, as amended, 

202, 206, 88 Stat. 1242, as amended, 1244, 

1246 (42 U.S.C. 5841, 5842, 5846); sec. 1704, 

112 Stat. 2750 (44 U.S.C. 3504 note); Energy 

policy Act of 2005, Pub. L. No. 109–58, 119 

Stat. 194 (2005). Section 50.7 also issued 

under Pub. L. 95–601, sec. 10, 92 Stat. 2951 

as amended by Pub. L. 102–486, sec. 2902, 

106 Stat. 3123 (42 U.S.C. 5841). Section 50.10 

also issued under secs. 101, 185, 68 Stat. 955, 

as amended (42 U.S.C. 2131, 2235); sec. 102, 

Pub. L. 91–190, 83 Stat. 853 (42 U.S.C. 4332). 

Sections 50.13, 50.54(dd), and 50.103 also 

issued under sec. 108, 68 Stat. 939, as 

amended (42 U.S.C. 2138). 

Sections 50.23, 50.35, 50.55, and 50.56 also 

issued under sec. 185, 68 Stat. 955 (42 U.S.C. 

2235). Sections 50.33a, 50.55a and Appendix 

Q also issued under sec. 102, Pub. L. 91–190, 

83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 

and 50.54 also issued under sec. 204, 88 Stat. 

1245 (42 U.S.C. 5844). Sections 50.58, 50.91, 

and 50.92 also issued under Pub. L. 97–415, 

96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 

also issued under sec. 122, 68 Stat. 939 (42 

U.S.C. 2152). Sections 50.80–50.81 also 

issued under sec. 184, 68 Stat. 954, as 

amended (42 U.S.C. 2234). Appendix F also 

issued under sec. 187, 68 Stat. 955 (42 U.S.C. 

2237). 

■ 2. In § 50.61a, paragraph (g) is 

amended by adding Table 7 directly 

after Table 6 to read as follows: 

§ 50.61a Alternate fracture toughness 

requirements for protection against 

pressurized thermal shock events. 

* * * * * 

(g) * * * 

TABLE 7—THRESHOLD VALUES FOR THE OUTLIER DEVIATION TEST (SIGNIFICANCE LEVEL = 1%) 

Number of available data points (n) 

Second largest 

allowable normalized residual value (r*) 

Largest allowable normalized residual 

value (r*) 

3 ............................................................................................................................................................................... 1.55 2.71 

4 ............................................................................................................................................................................... 1.73 2.81 

5 ............................................................................................................................................................................... 1.84 2.88 

6 ............................................................................................................................................................................... 1.93 2.93 

7 ............................................................................................................................................................................... 2.00 2.98 

8 ............................................................................................................................................................................... 2.05 3.02 

9 ............................................................................................................................................................................... 2.11 3.06 

10 ............................................................................................................................................................................. 2.16 3.09 

11 ............................................................................................................................................................................. 2.19 3.12 

12 ............................................................................................................................................................................. 2.23 3.14 

13 ............................................................................................................................................................................. 2.26 3.17 

14 ............................................................................................................................................................................. 2.29 3.19 

15 ............................................................................................................................................................................. 2.32 3.21 

Dated at Rockville, Maryland, this 2nd day 

of March 2010. 

For the Nuclear Regulatory Commission. 

Michael T. Lesar, 

Chief, Rulemaking and Directives Branch, 

Division of Administrative Services, Office 

of Administration. 

[FR Doc. 2010–4846 Filed 3–5–10; 8:45 am] 

BILLING CODE 7590–01–P 

FARM CREDIT ADMINISTRATION 

12 CFR Part 617 

RIN 3052–AC45 

Borrower Rights; Effective Interest 

Rates; Effective Date 

AGENCY: Farm Credit Administration. 

ACTION: Notice of effective date. 

SUMMARY: The Farm Credit 

Administration (FCA or Agency), 

through the FCA Board (Board), issued 

a final rule under part 617 on December 

22, 2009 (74 FR 67970) amending FCA’s 

regulations to ensure that borrowers 

with loans directly tied to a widely 

publicized external index receive 

appropriate disclosure of interest rate 

changes in accordance with statutory 

requirements while allowing Farm 

Credit System institutions to provide 

the notices in a more efficient manner. 

In accordance with 12 U.S.C. 2252, the 

effective date of the final rule is 30 days 

from the date of publication in the 

Federal Register during which either or 

both Houses of Congress are in session. 

Based on the records of the sessions of 

Congress, the effective date of the 

regulations is March 2, 2010. 

DATES: Effective Date: Under the 

authority of 12 U.S.C. 2252, the 

regulation amending 12 CFR part 617 

published on December 22, 2009 (74 FR 

67970) is effective March 2, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline R. Melvin, Policy Analyst, 

Office of Regulatory Policy, Farm Credit 

Administration, McLean, Virginia 

22102–5090, (703) 883–4498, TTY (703) 

883–4434, or Howard Rubin, Senior 

Counsel, Office of General Counsel, 

Farm Credit Administration, McLean, 

Virginia 22102–5090, (703) 883–4020, 

TTY (703) 883–4020. 

(12 U.S.C. 2252(a)(9) and (10)) 

Dated: March 3, 2010. 

Roland E. Smith, 

Secretary, Farm Credit Administration Board. 

[FR Doc. 2010–4858 Filed 3–5–10; 8:45 am] 

BILLING CODE 6705–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 12 

[CBP Dec. 10–01] 

RIN 1505–AC23 

Extension of Import Restrictions 

Imposed on Certain Categories of 

Archaeological Material From the PreHispanic Cultures of the Republic of El 

Salvador 

AGENCIES: Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Final rule. 


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10412 Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Rules and Regulations 

SUMMARY: This document amends 

Customs and Border Protection (CBP) 

regulations to reflect the extension of 

import restrictions on certain categories 

of archaeological material from the PreHispanic cultures of the Republic of El 

Salvador (El Salvador). The restrictions, 

which were originally imposed by 

Treasury Decision (T.D.) 95–20 and 

extended by CBP Decision (Dec.) 05–10 

are due to expire on March 8, 2010. The 

Under Secretary of State for Public 

Diplomacy and Public Affairs, United 

States Department of State, has 

determined that conditions continue to 

warrant the imposition of import 

restrictions. Accordingly, these import 

restrictions will remain in effect for an 

additional 5 years, and the CBP 

regulations are being amended to reflect 

this extension until March 8, 2015. 

These restrictions are being extended 

pursuant to determinations of the 

United States Department of State made 

under the terms of the Convention on 

Cultural Property Implementation Act 

in accordance with the 1970 United 

Nations Educational, Scientific and 

Cultural Organization (UNESCO) 

Convention on the Means of Prohibiting 

and Preventing the Illicit Import, Export 

and Transfer of Ownership of Cultural 

Property. T.D. 95–20 contains the 

Designated List of archaeological 

material representing Pre-Hispanic 

cultures of El Salvador, and describes 

the articles to which the restrictions 

apply. 

DATES: Effective Date: March 8, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

legal aspects, Charles Steuart, Chief, 

Intellectual Property Rights and 

Restricted Merchandise Branch, 

Regulations and Rulings, Office of 

International Trade, (202) 325–0093. For 

operational aspects, Michael Craig, 

Chief, Interagency Requirements 

Branch, Trade Policy and Programs, 

Office of International Trade, (202) 863– 

6558. 

SUPPLEMENTARY INFORMATION: 

Background 

Pursuant to the provisions of the 1970 

United Nations Educational, Scientific 

and Cultural Organization (UNESCO) 

Convention, codified into U.S. law as 

the Convention on Cultural Property 

Implementation Act (Pub. L. 97–446, 19 

U.S.C. 2601 et seq.), the United States 

entered into a bilateral agreement with 

the Government of the Republic of El 

Salvador (El Salvador) on March 8, 

1995, concerning the imposition of 

import restrictions on certain categories 

of archaeological material from the PreHispanic cultures of El Salvador. On 

March 10, 1995, the former United 

States Customs Service (now U.S. 

Customs and Border Protection (CBP)) 

published Treasury Decision (T.D.) 95– 

20 in the Federal Register (60 FR 

13352), which amended 19 CFR 

12.104g(a) to reflect the imposition of 

these restrictions and included a list 

designating the types of articles covered 

by the restrictions. 

Import restrictions listed in 19 CFR 

12.104g(a) are effective for no more than 

five years beginning on the date on 

which the agreement enters into force 

with respect to the United States. This 

period can be extended for additional 

periods not to exceed five years if it is 

determined that the factors which 

justified the initial agreement still 

pertain and no cause for suspension of 

the agreement exists. 19 CFR 12.104g(a). 

On March 9, 2000, the former United 

States Customs Service (now CBP) 

published T.D. 00–16 in the Federal 

Register (65 FR 12470), which amended 

19 CFR 12.104g(a) to reflect the 

extension for an additional period of 

five years. Subsequently, on March 9, 

2005, CBP published CBP Decision 

(Dec.) 05–10 in the Federal Register (70 

FR 11539), which again amended 19 

CFR 12.104g(a) to reflect an additional 

extension for another five year period. 

After reviewing the findings and 

recommendations of the Cultural 

Property Advisory Committee, and in 

response to a request by the Government 

of the Republic of El Salvador, on 

February 23, 2010, the Under Secretary 

of State for Public Diplomacy and 

Public Affairs, United States 

Department of State, concluding that the 

cultural heritage of El Salvador 

continues to be in jeopardy from pillage 

of Pre-Hispanic archaeological 

resources, made the necessary 

determinations to extend the import 

restrictions for an additional five years, 

on February 23, 2010, and diplomatic 

notes have been exchanged, reflecting 

the extension of those restrictions. 

Accordingly, CBP is amending 19 CFR 

12.104g(a) to reflect the extension of the 

import restrictions. 

The Designated List of Archaeological 

Material Representing PreHispanic 

Cultures of El Salvador covered by these 

import restrictions is set forth in T.D. 

95–20. The Designated List and 

accompanying image database may also 

be accessed from the following Internet 

Web site address: http:// 

exchanges.state.gov/heritage/culprop/ 

esimage.html. 

The restrictions on the importation of 

these archaeological materials from El 

Salvador are to continue in effect for an 

additional five years. Importation of 

such material continues to be restricted 

unless the conditions set forth in 19 

U.S.C. 2606 and 19 CFR 12.104c are 

met. 

Inapplicability of Notice and Delayed 

Effective Date 

This amendment involves a foreign 

affairs function of the United States and 

is, therefore, being made without notice 

or public procedure (5 U.S.C. 553(a)(1)). 

In addition, CBP has determined that 

such notice or public procedure would 

be impracticable and contrary to public 

interest because the action being taken 

is essential to avoid interruption of the 

application of existing import 

restrictions (5 U.S.C. 533(b)(B)). For the 

same reasons, a delayed effective date is 

not required under 5 U.S.C. 553(d)(3). 

Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) do not apply. 

Executive Order 12866 

Because this rule involves a foreign 

affairs function of the United States, it 

is not subject to Executive Order 12866. 

Signing Authority 

This regulation is being issued in 

accordance with 19 CFR 0.1(a)(1). 

List of Subjects in 19 CFR Part 12 

Cultural property, Customs duties and 

inspection, Imports, Prohibited 

merchandise. 

Amendment to CBP Regulations 

■ For the reasons set forth above, part 12 

of Title 19 of the Code of Federal 

Regulations (19 CFR part 12), is 

amended as set forth below: 

PART 12—SPECIAL CLASSES OF 

MERCHANDISE 

■ 1. The general authority citation for 

part 12 and the specific authority 

citation for § 12.104g continue to read as 

follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 

1202 (General Note 3(i), Harmonized Tariff 

Schedule of the United States (HTSUS)), 

1624; 

* * * * * 

Sections 12.104 through 12.104i also 

issued under 19 U.S.C. 2612; 

* * * * * 

■ 2. In § 12.104g, paragraph (a), the table 

is amended in the entry for El Salvador 

by removing the reference to ‘‘CBP Dec. 

05–10’’ in the column headed ‘‘Decision 


pwalker on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Rules and Regulations 10413 

No.’’ and adding in its place ‘‘CBP Dec. 

10–01’’. 

David V. Aguilar, 

Acting Deputy Commissioner, U.S. Customs 

and Border Protection. 

Approved: March 2, 2010. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2010–4783 Filed 3–5–10; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 514 

[Docket No. FDA–2009–N–0436] 

New Animal Drug Applications; 

Confirmation of Effective Date 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Direct final rule; confirmation 

of effective date. 

SUMMARY: The Food and Drug 

Administration (FDA) is confirming the 

effective date of March 8, 2010, for the 

final rule that appeared in the Federal 

Register of October 23, 2009 (74 FR 

54749). The direct final rule amends the 

regulations regarding new animal drug 

applications (NADAs). Specifically, this 

direct final rule is being issued to 

provide that NADAs shall be submitted 

in the described form, as appropriate for 

the particular submission. Currently, the 

regulation requires that all NADAs 

contain the same informational sections 

and does not explicitly provide the 

appropriate flexibility needed to address 

the development of all types of new 

animal drug products. This amendment 

will allow the agency to appropriately 

review safety and effectiveness data 

submitted to support the approval of 

new animal drug products. This 

document confirms the effective date of 

the direct final rule. 

DATES: Effective date confirmed: March 

8, 2010. 

FOR FURTHER INFORMATION CONTACT: Urvi 

Desai, Center for Veterinary Medicine 

(HFV–100), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8297, 

e-mail: urvi.desai@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of October 23, 2009 (74 

FR 54749), FDA solicited comments 

concerning the direct final rule for a 75- 

day period ending January 6, 2010. FDA 

stated that the effective date of the 

direct final rule would be on March 8, 

2010, 60 days after the end of the 

comment period, unless any significant 

adverse comment was submitted to FDA 

during the comment period. FDA did 

not receive any significant adverse 

comments. 

Authority: Therefore, under the Federal 

Food, Drug, and Cosmetic Act and under 

authority delegated to the Commissioner of 

Food and Drugs, 21 CFR part 514 is 

amended. Accordingly, the amendments 

issued thereby are effective. 

Dated: March 3, 2010. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2010–4923 Filed 3–5–10; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 706 

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972; 

Correction 

AGENCY: Department of the Navy, DoD. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: The Department of the Navy 

published a document in the Federal 

Register of February 12, 2010, 

concerning certifications and 

exemptions under the International 

Regulations for Preventing Collisions at 

Sea, 1972 (72 COLREGS). The document 

contained an incorrect hull number. 

DATES: This correcting amendment is 

effective March 8, 2010, and is 

applicable beginning February 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Commander Ted Cook, 

JAGC, U.S. Navy, Admiralty Attorney, 

(Admiralty and Maritime Law), Office of 

the Judge Advocate General, Department 

of the Navy, 1322 Patterson Ave., SE., 

Suite 3000, Washington Navy Yard, DC 

20374–5066, telephone number: 202– 

685–5040. 

Need for Correction 

In the Federal Register (75 FR 6858) 

of February 12, 2010, in an amendment 

to § 706.2 Table Five, an incorrect hull 

number for the USS PHILIPPINE SEA 

was presented. 

List of Subjects in 32 CFR Part 706 

Marine safety, Navigation (water), and 

Vessels. 

■ For the reasons set forth in the 

preamble, the Navy amends part 706 of 

title 32 of the Code of Federal 

Regulations by making the following 

correcting amendment: 

PART 706—CERTIFICATIONS AND 

EXEMPTIONS UNDER THE 

INTERNATIONAL REGULATIONS FOR 

PREVENTING COLLISIONS AT SEA, 

1972 

■ 1. The authority citation for part 706 

continues to read as follows: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2 is amended in Table 

Five by revising the entry for USS 

PHILIPPINE SEA (CG 58) to read as 

follows: 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

TABLE FIVE

Vessel Number 

Masthead lights not over 

all other lights and 

obstructions. Annex I, 

Section 2(f) 

Forward masthead light 

not in forward quarter of 

ship. Annex I, 

Section 3(a) 

After masthead light less 

than 1⁄2 ship’s length aft 

of forward masthead 

light. Annex I, 

Section 3(a) 

Percentage horizontal 

separation attained 

* * * * * * * 

USS PHILIPPINE SEA CG59 ....... ........................................ X X 36.8 

* * * * * * * 


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