April 2010 – Federal Register Recent Federal Regulation Documents

This rule increases the assessment rate established for the California Olive Committee (Committee) for the 2010 and subsequent fiscal years from $28.63 to $44.72 per assessable ton of olives handled. The Committee locally administers the marketing order, which regulates the handling of olives grown in California. Assessments upon olive handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal year began January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The Coast Guard is establishing a regulated navigation area around the construction zone of the Lake Champlain Bridge between Crown Point, New York and Chimney Point, Vermont. This temporary interim rule places speed restrictions on all vessels transiting the navigable waters of Lake Champlain in the vicinity of the bridge construction. In addition, this rule provides for the temporary suspension of all vessel traffic within the regulated navigation area during certain periods of construction. This rule is necessary to provide for the safety of life on the navigable waters within this regulated area during the construction of the Lake Champlain Bridge.

The Coast Guard is establishing a temporary safety zone on the waters of Lake Charlevoix near Boyne City, Michigan. All vessels are prohibited from transiting the zone located on a portion of Lake Charlevoix. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with a fireworks display.

This regulation establishes tolerances for combined residues of imidacloprid in or on vegetables, bulb, group 3; cereal grains, group 15 and cereal grains, forage, fodder and straw, group 16. This regulation also deletes tolerances for various commodities and tolerances from direct/inadvertent residues on cereal grains, group 15 and cereal grains, forage, fodder and straw, group 16, as they will be superseded by group tolerances. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes tolerances for residues of cyromazine in or on succulent beans at 2.0 parts per million (ppm). Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This final rule incorporates 21 revised editions and 17 reaffirmed editions of documents previously incorporated by reference in regulations governing oil and gas and sulphur operations in the Outer Continental Shelf. Additionally, this final rule will rectify an incorrect reference to American Petroleum Institute (API) 510. The revised and reaffirmed editions of these documents will ensure that lessees use the best and safest technologies available while operating in the Outer Continental Shelf.

The Occupational Safety and Health Review Commission (OSHRC) is proposing to revise its regulations implementing the Freedom of Information Act (FOIA). The proposed regulations have been updated to reflect the amendments to the FOIA from the Openness Promotes Effectiveness in our National Government Act of 2007 (OPEN Government Act), as well as changes in OSHRC's own policies and procedures.

This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This document considers a petition for rulemaking requesting that the Commission amend the Commission's rules for aeronautical mobility mobile stations. It also seeks comment on a proposal to permit remote monitoring of certain automated ground stations during installation and maintenance, without a licensed technician present. Finally, it proposes to codify the terms of a waiver permitting the licensing and equipment certification of devices to test aircraft data link systems.

Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA'') requires the United States Consumer Product Safety Commission (``CPSC'' or ``Commission'') to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ``substantially the same as'' applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is proposing a more stringent safety standard for bassinets and cradles that will further reduce the risk of injury associated with these products.

EPA is proposing to approve Wisconsin's requests to redesignate the Manitowoc County and Door County, Wisconsin nonattainment areas, to attainment for the 1997 8-hour ozone standard, because the requests meet the statutory requirements for redesignation under the Clean Air Act (CAA). The Wisconsin Department of Natural Resources (WDNR) submitted these requests on September 11, 2009.

This action proposes to establish Class E airspace at Paynesville, MN. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Paynesville Municipal Airport, Paynesville, MN. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.

NMFS proposes management measures for the 2010 summer flounder, scup, and black sea bass recreational fisheries. The implementing regulations for these fisheries require NMFS to publish recreational measures for the fishing year and to provide an opportunity for public comment. The intent of these measures is to prevent overfishing of the summer flounder, scup, and black sea bass resources.

NMFS announces that the State of North Carolina is transferring a portion of its 2010 commercial summer flounder quota to the Commonwealth of Virginia. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

We propose adopting a new airworthiness directive (AD) for the Agusta Model A109E helicopters. This proposed AD results from a mandatory continuing airworthiness information (MCAI) AD issued by the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community. The MCAI AD states that after a report of an electrical failure, an investigation revealed inadequate functioning of the 35 amperes (Amps) battery bus (BATT BUS) circuit breaker that was not within design requirements. These actions are intended to replace the 35 Amps with a 50 Amps circuit breaker and replace the wires with oversized ones to prevent an electrical failure, loss of electrical power, and subsequent loss of control of the helicopter.

The Coast Guard will enforce the Navy Pier Southeast Safety Zone in Chicago Harbor during multiple periods beginning on May 29, 2010 and ending on June 30, 2010. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after fireworks events. This action will establish restrictions upon, and control movement of, vessels in a specified area immediately prior to, during, and immediately after fireworks events. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port, Sector Lake Michigan.

MSHA published a direct final rule for parts 50 and 100 on December 29, 2009. MSHA stated that the Agency would withdraw the direct final rule if the Agency received significant adverse comments. Because the Agency did not receive any significant adverse comment, the direct final rule became effective. This notice confirms the effective date.

This rule proposes to amend Food Distribution Program on Indian Reservations (FDPIR) regulations to conform FDPIR policy to the requirements included in the Food, Conservation, and Energy Act of 2008 (the Farm Bill) for the Supplemental Nutrition Assistance Program (SNAP). The proposed rule is intended to improve program service to applicants and participants and ensure consistency between FDPIR and SNAP. When determining eligibility for FDPIR, the proposed rule would permanently exclude combat pay from being considered income and eliminate the maximum dollar limit of the dependent care deduction. The rule would also exclude from resource consideration household funds held in qualified education savings accounts identified in the Farm Bill and would exclude any other education savings accounts for which an exclusion is allowed under SNAP. The proposed rule would also clarify that the current resource exclusion for retirement accounts is restricted to the qualified retirement accounts identified in the Farm Bill, but that a resource exclusion would be allowed for any other retirement account for which an exclusion is allowed under SNAP. Additionally, the rule would clarify that the FDPIR regulations regarding income eligibility refer to the SNAP net monthly income standard, not the SNAP gross monthly income standard.

The Nuclear Regulatory Commission (NRC) is amending its

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Mohave ground squirrel (Xerospermophilus mohavensis) as an endangered species under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing the Mohave ground squirrel may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the species to determine if listing the species is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review,

This establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The Consumer Product Safety Commission (``Commission,'' ``CPSC'' or ``we'') is issuing its interpretation of the term ``unblockable drain'' as used in the Virginia Graeme Baker Pool and Spa Safety Act (``VGB Act'').

These proposed guidelines set forth best practices that we, the Fish and Wildlife Service, find are appropriate for safely and nonlethally deterring polar bears from damaging private and public property and endangering the public. We would not require anyone to implement these guidelines, nor would anyone be liable if they did not implement them. If the guidelines are finalized, anyone deciding to implement them could do so without our authorization or supervision. We are proposing these guidelines to reduce occurrences of bear-human interactions with only minor, short-term behavioral effects on polar bears. As discussed in the background section of this proposed rule, we authorize other, more aggressive deterrence activities through separate provisions of the Marine Mammal Protection Act. We seek public comment on these proposed guidelines.