February 3, 2010 – Federal Register Recent Federal Regulation Documents

In the December 30, 2009, issue of the Federal Register, the U.S. Department of Energy initiated the rulemaking and data collection process to establish amended energy conservation standards for certain metal halide lamp fixtures. This document announces that the period for submitting comments on the Framework Document is extended to February 5, 2010.

The Department of Transportation is proposing to remove the ``sunset'' provision from its rule governing the airport concessions disadvantaged business enterprise program. The rule would instead provide for periodic program reviews. In addition, in the interest of initiating a program review, the Department is soliciting comments on any changes that should be made in the rule. These comments would assist the Department in reviewing the rule and, if warranted, proposing modifications to it in the future.

On February 17, 2009, NMFS published the final 2009 and 2010 harvest specifications for groundfish of the Bering Sea and Aleutian Islands (BSAI) management area. Table 8c of that document contained the final 2009 and 2010 prohibited species bycatch allowances for the BSAI trawl limited access sector and non-trawl fisheries of the BSAI management area. That table contained an error that is corrected in this rule.

This action implements 2010 specifications and management measures for Atlantic mackerel, squid, and butterfish (MSB). Specifically, this action maintains quotas for Atlantic mackerel (mackerel), Illex squid (Illex), Loligo squid (Loligo), and butterfish at the same levels as 2009. This action also modifies accounting procedures for underages of Trimester 1 quotas in the Loligo fishery so that Trimester 1 quota underages that are greater than 25 percent of the Trimester 1 quota will be allocated equally to Trimesters 2 and 3, and underages that are less than 25 percent of the Trimester 1 quota will be allocated to Trimester 3. Additionally, this action will increase the minimum mesh size requirement for codend covers in the Loligo fishery from 4.5 inches (11.43 cm) to 5 inches (12.7 cm). These specifications and management measures promote the utilization and conservation of the MSB resource.

NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allocation of the 2010 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component of the Central Regulatory Area of the GOA.

This regulation establishes tolerances for residues of chlorantraniliprole in or on multiple commodities which are identified and discussed later in this document. This regulation additionally amends previously established tolerances in or on multiple commodities and deletes tolerances in or on several commodities that will be replaced by this action. E.I. du Pont de Nemours and Company, DuPont Crop Protection, requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Department of the Treasury's Office of Foreign Assets Control (``OFAC'') is adding new part 548 to 31 CFR chapter V to implement Executive Order 13405 of June 16, 2006, ``Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus.''

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Atlantic Intracoastal Waterway for the safe removal and replacement of the old and new approach spans of the Ben Sawyer Swing Bridge. This regulation is necessary to protect life and property on the navigable waters of the Atlantic Intracoastal Waterway from the dangers associated with the construction project. No vessel or person is allowed in this zone unless authorized by the Captain of the Port or a designated representative.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security/U.S. Customs and Border Protection system of records entitled the, ``Department of Homeland Security/U.S. Customs and Border Protection007 Border Crossing Information System of Records.'' Specifically, the Department exempts portions of the Department of Homeland Security/U.S. Customs and Border Protection007 Border Crossing Information System of Records from provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

This regulation establishes time-limited tolerances for combined residues of hexythiazox in or on corn, sweet, plus cobs with husks removed (K+CWHR); corn, sweet, forage; and corn, sweet, stover. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on sweet corn grown for seed. This regulation establishes a maximum permissible level for residues of hexythiazox in these food . The time-limited tolerances expire and are revoked on December 31, 2012.

This regulation establishes tolerances for the inadvertent or indirect combined residues of spiromesifen (2-oxo-3-(2,4,6- trimethylphenyl)-1-oxaspiro[4.4]non-3-en-4-yl 3,3-dimethylbutanoate) its enol metabolite (4-hydroxy-3-(2,4,6-trimethylphenyl)-1- oxaspiro[4.4]non-3-en-2-one), and its metabolites containing the 4- hydroxymethyl moiety (4-hydroxy-3-[4-(hydroxymethyl)-2,6- dimethylphenyl]-1-oxaspiro[4.4]non-3-en-2-one), calculated as the parent compound equivalents, in or on the following commodities from crops grown as rotational crops: bulb vegetables. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

On August 18, 2009, the Department of Labor (DOL) published an interim final rule in order to administer the death gratuity created by section 1105 of the National Defense Authorization Act for Fiscal Year 2008, Public Law 110-181. Section 1105 provides a death gratuity payment to eligible survivors of federal employees and non-appropriated fund instrumentality employees (NAFI employees) who die of injuries incurred in connection with service with an Armed Force in a contingency operation.