June 2010 – Federal Register Recent Federal Regulation Documents

This rule would increase the assessment rate established for the Washington Apricot Marketing Committee (Committee) for the 2010-11 and subsequent fiscal periods from $1.00 to $1.50 per ton for Washington apricots. The Committee is responsible for local administration of the marketing order regulating the handling of apricots grown in designated counties in Washington. Assessments upon handlers of apricots are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period for the marketing order begins April 1 and ends March 31. The assessment rate would remain in effect indefinitely unless modified, suspended or terminated.

NMFS is correcting dates referenced in the preamble to the proposed rule for Amendments 20 and 21 to the Pacific Coast Groundfish Fishery Management Plan (FMP), which published in the Federal Register on June 10, 2010. The dates being corrected refer to the decision date for the FMP amendments and the end date for the public comment period on the two amendments. Amendment 20 would establish a trawl rationalization program for the Pacific Coast groundfish fishery. Amendment 21 would establish fixed allocations for limited entry (LE) trawl participants.

On October 28, 2009, we promulgated general control requirements to control emissions of hazardous air pollutants from heat exchange systems at petroleum refineries. These requirements were published as amendments to the national emission standards for petroleum refineries. In this notice, we are correcting typographical errors and inadvertent errors in section references.

EPA issued a final rule in the Federal Register of September 11, 2009, (74 FR 46689) (FRL-8426-2) concerning azinphos-methyl, disulfoton, esfenvalerate, ethylene oxide, fenvalerate, et al.; tolerance actions. Today's rule restores the time-limited tolerance for 1-naphthaleneacetic acid in or on avocados which was inadvertently deleted by the September 11, 2009 final rule.

In compliance with the Paperwork Reduction Act (PRA), this technical amendment updates the table that lists the Office of Management and Budget (OMB) control numbers issued under PRA for information collection requirements contained in EPA's regulations that are promulgated in title 40 of the Code of Federal Regulations (CFR). This technical amendment adds new approvals published in the Federal Register and removes expired and terminated approvals.

The FAA is correcting a final rule published on May 28, 2010. In that rule, the FAA amended its regulations to add equipage requirements and performance standards for Automatic Dependent SurveillanceBroadcast (ADS-B) Out avionics on aircraft operating in Classes A, B, and C airspace, as well as certain other specified classes of airspace within the U.S. National Airspace System (NAS). This document corrects errors in footnoted material in the preamble and cross references in the preamble and rule text of that final rule.

The Coast Guard is correcting a temporary final rule that appeared in the Federal Register on June 15, 2010 (75 FR 33696). The temporary final rule established a temporary safety zone on the waters of Port Gardner Bay, Washington in support of the City of Everett Fourth of July fireworks display and this correction reflects the correct positioning of the display. The safety zone is necessary to protect the maritime public from dangers associated with the fireworks display and will do so by restricting vessels from congregating in close proximity to the fireworks discharge site during the display. Entry into, transit through or mooring within this safety zone is prohibited unless authorized by the Captain of the Port or Designated Representative.

NMFS proposes to open a portion of the Georges Bank (GB) Closed Area to the harvest of Atlantic surfclams and ocean quahogs, which has been closed since 1990 due to the presence of toxins known to cause paralytic shellfish poisoning (PSP). The U.S. Food and Drug Administration (FDA) has indicated that recent testing of clams collected from this portion of the GB Closed Area, known as Cultivator Shoal, has demonstrated that PSP toxin levels are well below the regulatory limit established for public health safety. As a result, the FDA has determined that harvesting of surfclams and ocean quahogs for human consumption, within this portion of the GB Closed Area, is safe.

The Federal Energy Regulatory Commission is proposing to amend the transmission planning and cost allocation requirements established in Order No. 890 to ensure that Commission-jurisdictional services are provided on a basis that is just, reasonable and not unduly discriminatory or preferential. With respect to transmission planning, the proposed rule would provide that local and regional transmission planning processes account for transmission needs driven by public policy requirements established by State or Federal laws or regulations; improve coordination between neighboring transmission planning regions with respect to interregional facilities; and remove from Commission-approved tariffs or agreements a right of first refusal created by those documents that provides an incumbent transmission provider with an undue advantage over a nonincumbent transmission developer. Neither incumbent nor nonincumbent transmission facility developers should, as a result of a Commission-approved tariff or agreement, receive different treatment in a regional transmission planning process. Further, both should share similar benefits and obligations commensurate with that participation, including the right, consistent with State or local laws or regulations, to construct and own a facility that it sponsors in a regional transmission planning process and that is selected for inclusion in the regional transmission plan. With respect to cost allocation, the proposed rule would establish a closer link between transmission planning processes and cost allocation and would require cost allocation methods for intraregional and interregional transmission facilities to satisfy newly established cost allocation principles.

This regulation establishes an exemption from the requirement of a tolerance for residues of the microbial pesticide, Pasteuria usgae, in or on all food commodities when applied preharvest and used as a nematicide in accordance with good agricultural practices. MacIntosh and Associates Incorporated (on behalf of Pasteuria Bioscience Incorporated) submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Pasteuria usgae.

This document requests public comments on a petition for rulemaking submitted by Public Citizen and Advocates for Highway and Auto Safety, to amend the Federal motor vehicle safety standard on occupant crash protection to require automobile manufacturers to install seat belt reminder systems for rear designated seating positions in light passenger vehicles. The document discusses the agency's research and findings as well as our knowledge of the different types of rear seat belt reminder systems. In general, we are encouraged by new methods to increase seat belt use. NHTSA requests comments and information to assist the agency in determining whether to grant or deny the petition.

This rule amends Marketing Order No. 920 (order), which regulates the handling of kiwifruit grown in California. The amendments are based on proposals by the Kiwifruit Administrative Committee (committee), which is responsible for local administration of the order. The amendments will redefine the grower districts into which the production area is divided and reallocate committee membership among the districts, revise the deadline for committee nominations, and revise committee meeting and voting procedures. The amendments were approved by kiwifruit growers in a referendum conducted from March 12 through March 26, 2010. The amendments are intended to improve the operation and administration of the California kiwifruit marketing order program. Proposed amendments that failed in referendum and are not effectuated in this final order include revising committee member terms of office, authorizing the Secretary to fill committee vacancies based upon committee recommendations, authorizing research and promotion programs and accepting voluntary contributions for such programs, and allowing substitute alternates to represent absent members at committee meetings.

The Food and Drug Administration (FDA) is amending its

Commander, Ninth Coast Guard District, issued a temporary deviation from the regulation governing the operation of the U.S. 31 Bridge at Mile 2.89 over the Grand River, at Grand Haven, MI. This deviation temporarily changes the bridges operating schedule to accommodate the City's Fourth of July and Coast Guard Festival events for 2010. This temporary deviation allows the bridges to remain secured to masted navigation on the dates and times listed.

Commander, Ninth Coast Guard District, issued a temporary deviation from the regulation governing the operation of the Military Street Bridge at Mile 0.33, 7th Street Bridge at Mile 0.50, and the 10th Street Bridge at Mile 0.94 over the Black River, at Port Huron, MI. This deviation temporarily changes the bridge operating schedules to accommodate the City's special events for 2010. This temporary deviation allows the bridges to remain secured to masted navigation on the dates and times listed.

This action amends Class E airspace for Cherokee, IA. Decommissioning of the Pilot Rock non-directional beacon (NDB) at Cherokee County Regional Airport, Cherokee, IA has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

This action amends Class E airspace for Osceola, AR. Decommissioning of the Osceola non-directional beacon (NDB) at Osceola Municipal Airport has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

We, the U.S. Fish and Wildlife Service (Service), notify the public that we are reinstating that portion of our December 5, 2002, proposed rule that concerns the listing of the mountain plover (Charadrius montanus) as threatened under the Endangered Species Act of 1973, as amended (Act). We are not reinstating the portion of that proposed rule that concerned a proposed special rule under section 4(d) of the Act. We invite public comments on the proposed listing and announce the availability of new information relevant to our consideration of the status of the mountain plover. We encourage those who may have commented previously to submit additional comments, if appropriate, in light of this new information.

The Drug Enforcement Administration (DEA) is designating the precursor chemical, 4-anilino-N-phenethyl-4-piperidine (ANPP) as an immediate precursor for the schedule II controlled substance fentanyl under the definition set forth in 21 U.S.C. 802(23). Furthermore, DEA is finalizing the control of ANPP as a schedule II substance under the Controlled Substances Act (CSA), pursuant to the authority in 21 U.S.C. 811(e), which states that an immediate precursor may be placed in the same schedule as the controlled substance it produces, without regard to the procedures required by 21 U.S.C. 811(a) and (b) and without regard to the findings required by 21 U.S.C. 811(a) and 812(b).

We, the U.S. Fish and Wildlife Service, announce the availability of the draft economic analysis (DEA) for the proposed designation of critical habitat for the vermilion darter (Etheostoma chermocki) under the Endangered Species Act of 1973, as amended. We also announce the reopening of the comment period and an amended required determinations section of the proposal. The comment period is reopened for an additional 30 days to allow interested parties an opportunity to comment simultaneously on the proposed critical habitat designation, the associated DEA, and the amended required determinations section. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our October 13, 2009, proposed revised designation of critical habitat for the arroyo toad (Anaxyrus californicus) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) of the proposed revised designation of critical habitat for the arroyo toad; revisions to proposed critical habitat; and an amended required determinations section of the proposal. We are reopening the comment period for an additional 30 days to allow all interested parties an opportunity to comment on the items listed above. If you submitted comments previously, you do not need to resubmit them because we have already incorporated them into the public record and will fully consider them in preparation of the final rule.

The Board is amending Regulation Z, which implements the Truth in Lending Act, and the staff commentary to the regulation in order to implement provisions of the Credit Card Accountability Responsibility and Disclosure Act of 2009 that go into effect on August 22, 2010. In particular, the final rule requires that penalty fees imposed by card issuers be reasonable and proportional to the violation of the account terms. The final rule also requires credit card issuers to reevaluate at least every six months annual percentage rates increased on or after January 1, 2009. The final rule also requires that notices of rate increases for credit card accounts disclose the principal reasons for the increase.

This action proposes to remove Class E airspace at Franklin, TX. Abandonment of the former Rocking 7 Ranch Airport and cancellation of all Standard Instrument Approach Procedures (SIAPs) has eliminated the need for controlled airspace in the Franklin, TX, area. The FAA is taking this action to ensure the efficient use of airspace within the National Airspace System.