June 29, 2010 – Federal Register Recent Federal Regulation Documents

The Postal Service published in the Federal Register of June 22, 2010, a final rule pertaining to the international mailing of inbound and outbound tobacco cigarettes and smokeless tobacco with an incorrect effective date. This document corrects that effective date.

The North Pacific Fishery Management Council has submitted Amendment 94 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). Amendment 94, if approved, would require the use of modified nonpelagic trawl gear to directed fish for flatfish in the Bering Sea subarea and would change the boundaries of the Northern Bering Sea Research Area to establish the Modified Gear Trawl Zone and to expand the Saint Matthew Island Habitat Conservation Area. The amendment also would make several minor technical changes to the FMP. This action is necessary to reduce the potential adverse effects of nonpelagic trawl gear on benthic habitat, to protect additional blue king crab habitat near St. Matthew Island, to provide for efficient flatfish harvest under changing ocean conditions, and to revise the FMP by removing errors and ensuring program descriptions are consistent with the Magnuson-Stevens Fishery Conservation and Management Act. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws. Comments from the public are encouraged.

The Federal Aviation Administration proposes to amend the airworthiness standards applicable to certain transport category airplanes certified for flight in icing conditions and the icing airworthiness standards applicable to certain aircraft engines. The

We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. 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:

Commander, Ninth Coast Guard District, issued a temporary deviation from the regulation governing the operation of the Broadway Street Bridge at Mile 0.79, Water Street Bridge at Mile 0.94, Saint Paul Avenue Bridge at Mile 1.21, the Clybourn Street Bridge at Mile 1.28, Michigan Street Bridge at Mile 1.37, and the Wisconsin Avenue Bridge at Mile 1.46 over the Milwaukee River at Milwaukee, WI, during the scheduled Festa Italiana, and the Summerfest public events for the 2010 season.

The Recovery Accountability and Transparency Board (Board) amends its regulations implementing the Privacy Act of 1974 (Privacy Act), Public Law 93-579, 5 U.S.C. 552a. This final rule adds 4 CFR 200.17 to exempt certain systems of records from certain sections of the Privacy Act (5 U.S.C. 552a) pursuant to 5 U.S.C. 552a(j) and (k). These exemptions will help ensure that the Board may efficiently and effectively compile investigatory material to prevent and detect fraud, waste, and abuse and perform its other authorized duties and activities relating to oversight of funds awarded pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5 (Feb. 17, 2009) (Recovery Act).

This action amends Class E airspace for Hamilton, TX to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at Hamilton Municipal Airport, Hamilton, TX. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

EPA is finalizing approval of revisions to the Yolo-Solano Air Quality Management District (YSAQMD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on April 16, 2010 and concern volatile organic compound (VOC), oxides of nitrogen (NOx), oxides of sulfur (SOx), particulate matter (PM), and carbon monoxide (CO) emissions from the permanent curtailment of burning rice straw. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

This rulemaking corrects Title 21 Code of Federal Regulations (CFR) by deleting regulations which list the substances benzylfentanyl and thenylfentanyl as being temporarily subject to schedule I controls under the emergency scheduling provisions of the Controlled Substances Act (CSA). The temporary scheduling of benzylfentanyl and thenylfentanyl expired on November 29, 1986. DEA determined that these compounds were both essentially inactive, with no evidence of abuse potential. As such, these compounds are no longer schedule I controlled substances and all references to these compounds are being deleted from DEA regulations.

This rulemaking finalizes a November 12, 2008, Notice of Proposed Rulemaking in which DEA proposed that chemical mixtures that are 70 percent or less gamma-butyrolactone (GBL), by weight or volume, be automatically exempt from regulatory controls under the Controlled Substances Act (CSA). DEA is seeking through this rulemaking to exempt only those chemical mixtures that do not represent a significant risk of diversion. This regulation makes GBL chemical mixtures, in concentrations greater than 70 percent, subject to List I chemical regulatory requirements of the CSA, except if exempted through an existing categorical exemption. DEA is taking this action because there is a serious threat to the public safety associated with the ease by which GBL is chemically converted to the schedule I controlled substance gamma-hydroxybutyric acid (GHB).

This action will amend existing Class E airspace at Kelso, WA, to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Southwest Washington Regional Airport. This will improve the safety and management of Instrument Flight Rules (IFR) operations at the airport.

On December 9, 2008, the U.S. Department of Energy (DOE) published a notice of proposed rulemaking (NOPR) in which it proposed amendments to its test procedures for residential clothes dryers and room air conditioners to provide for measurement of standby mode and off mode power use by these products in order to implement recent amendments under the Energy Independence and Security Act of 2007 (EISA 2007) to the Energy Policy and Conservation Act (EPCA). In response to comments on the NOPR, DOE conducted additional investigations to