June 4, 2010 – Federal Register Recent Federal Regulation Documents

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

The FHWA is issuing this notice to advise the public that the NOI published on February 22, 2007, at 72 FR 8054, to prepare an EIS for the State Route 91 Improvements in Elizabethton, Carter County, Tennessee, is being rescinded.

We, the Fish and Wildlife Service (Service), announce the availability of the final post-delisting monitoring plan (PDM Plan) for the bald eagle (Haliaeetus leucocephalus). The Endangered Species Act (ESA) requires that we implement a system, in cooperation with the States, to monitor effectively for at least 5 years the status of all species that have been recovered and no longer need ESA protection. In 2007, we removed the bald eagle in the contiguous 48 States from the Federal List of Threatened and Endangered Wildlife and Plants (delisted) due to recovery. Over a 20-year period, we will monitor the status of the bald eagle, at 5-year intervals.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

This rule revises the handling regulation for cherries under the Washington cherry marketing order. The marketing order regulates the handling of sweet cherries grown in designated counties in Washington and is administered locally by the Washington Cherry Marketing Committee (Committee). This rule adds quality and pack requirements for Rainier cherries and other lightly-colored sweet cherry varieties that are designated as ``premium'' when handled. This change is expected to reduce market confusion regarding the marketing of such cherries; improve producer returns by providing pack differentiation; and benefit producers, handlers, and consumers.

The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM Montana State Office, Billings, Montana, July 6, 2010.

This notice informs the public of the sanitary and phytosanitary standard-setting activities of the Codex Alimentarius Commission (Codex), in accordance with section 491 of the Trade Agreements Act of 1979, as amended, and the Uruguay Round Agreements Act, Public Law 103-465, 108 Stat. 4809. This notice also provides a list of other standard-setting activities of Codex, including commodity standards, guidelines, codes of practice, and revised texts. This notice, which covers the time periods from June 1, 2009, to May 31, 2010, and June 1, 2010, to May 31, 2011, seeks comments on standards under consideration and recommendations for new standards.

FMCSA announces the withdrawal of a number of items of regulatory guidance concerning the Federal Motor Carrier Safety Regulations (FMCSRs) that are now obsolete as a result of rules published by FMCSA and found in 49 CFR part 393, ``Parts and accessories necessary for safe operation.'' All prior interpretations and regulatory guidance concerning the applicability of the obsolete FMCSRs that were published in the Federal Register, as well as memoranda and letters concerning those regulations, may no longer be relied upon as authoritative if they are inconsistent with the revised and/or amended regulations.

FRA is issuing this notice to advise the public and interested agencies that FRA has decided to adopt portions of the Environmental Impact Statement (EIS) issued by the Federal Transit Administration (FTA) in 2004 for the construction of the Transbay Transit Center (TTC) in San Francisco, California, in order to satisfy FRA's National Environmental Policy Act obligations related to funding the train box element of the TTC. Additionally, FRA has made available an Environmental Reevaluation of the EIS, updating certain relevant sections of the environmental analysis and describing design modifications to the train box. Under applicable Council on Environmental Quality (CEQ) regulations, FRA may adopt and recirculate the FTA's Final EIS since FRA's proposed action is substantially the same as the action covered by the FTA's EIS, and FRA has determined that the FTA EIS meets the standard for an adequate statement under the CEQ Regulations. In addition, under FRA's environmental procedures, FRA is required to issue a reevaluation of the adequacy, accuracy and validity of a final EIS in certain circumstances, which the agency has also done for this project.

As required by the Paperwork Reduction Act, the Bureau of Indian Education (BIE), U.S. Department of the Interior (Interior) is seeking comments on a proposed information collection related to the Individuals with Disabilities Education Improvement Act (IDEIA). The IDEIA provides that the Secretary of the Interior will allocate funding for the coordination of assistance for special education and related services for American Indian children aged 0 to 5 with disabilities on reservations served by elementary schools for Indian children that are operated or funded by the Department of the Interior (``Bureau-funded schools''). The BIE allocates this funding to tribes and tribal organizations. In support of this allocation, the BIE collects information on the number of American Indian children aged 0 to 5 with disabilities on reservations served by Bureau-funded schools. This notice requests comments on that information collection.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Delaware. This SIP revision consists of adding specific emission control requirements for controlling nitrogen oxide (NOx) emissions from industrial boilers. This action is being taken under the Clean Air Act (CAA).

The Balanced Budget Act of 1997 established the Medicare Payment Advisory Commission (MedPAC) and gave the Comptroller General responsibility for appointing its members. This notice announces the appointment of four new members and the reappointment of two existing members.

The Postal Service announces the issuance of Issue 300, dated May 11, 2009, of the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM), and its incorporation by reference in the Code of Federal Regulations.

This recommended decision invites written exceptions to proposed amendments to Marketing Agreement and Order No. 930 (order), which regulates the handling of tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. Seven amendments were proposed by the Cherry Industry Administrative Board (Board), which is responsible for local administration of the order. These proposed amendments would: Authorize changing the primary reserve capacity associated with the volume control provisions of the order; authorize establishment of a minimum inventory level at which all remaining product held in reserves would be released to handlers for use as free tonnage; establish an age limitation on product placed into reserves; revise the nomination and election process for handler members on the Board; revise Board membership affiliation requirements; and update order language to more accurately reflect grower and handler participation in the nomination and election process in districts with only one Board representative. In addition, the Agricultural Marketing Service (AMS) proposed to make any such changes as may be necessary to the order to conform to any amendment that may result from the hearing.

The Bureau of Indian Affairs (BIA) in the Department of the Interior (DOI) and the Indian Health Service (IHS) in the Department of Health and Human Services (HHS) are making limited technical amendments to their joint regulations governing contracts and annual funding agreements under the Indian Self-Determination and Education Assistance Act to update the appeals procedures.

On November 17, 2009, the Board published a final rule amending Regulation E, which implements the Electronic Fund Transfer Act, and the official staff commentary to the regulation (Regulation E final rule). The Regulation E final rule limited the ability of financial institutions to assess overdraft fees for paying automated teller machine (ATM) and one-time debit card transactions that overdraw a consumer's account, unless the consumer affirmatively consents, or opts in, to the institution's payment of overdrafts for those transactions. The Board is amending Regulation E and the official staff commentary to clarify certain aspects of the Regulation E final rule.

This action amends Class E airspace for the Austin, TX area. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Austin Executive Airport, Austin, TX. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.