August 24, 2010 – Federal Register Recent Federal Regulation Documents
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Apricots Grown in Designated Counties in Washington; Increased Assessment Rate
This rule increases 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.
California Association of Marriage and Family Therapists; Notice of Receipt of Petition for Rulemaking
The Nuclear Regulatory Commission (NRC) has received and requests public comment on a petition for rulemaking dated March 24, 2010, and supplemented on July 12, 2010, filed by the California Association of Marriage and Family Therapists (CAMFT) (petitioner). The petition was docketed by the NRC and has been assigned Docket No. PRM- 26-4. The petitioner requests that the NRC amend its regulations to add marriage and family therapists (MFT) as substance abuse experts (SAEs).
Walnuts Grown in California; Changes to the Quality Regulations for Shelled Walnuts
This rule revises the quality regulations for shelled walnuts under the Federal marketing order for California walnuts (order). The order regulates the handling of walnuts grown in California and is administered locally by the California Walnut Board (Board). This rule requires inspection and certification of shelled walnut products after manufacturing instead of before manufacturing. It also establishes a process to specify that manufactured products smaller than eight sixty- fourths of an inch in diameter are derived from walnut pieces that have been inspected and certified to U.S. Commercial grade standards. These changes will result in more efficient and cost-effective handler operations, and will certify the final Size And Grade Of All Manufactured Walnut Pieces.
Proposed Rule To Implement the 1997 8-Hour Ozone National Ambient Air Quality Standard: New Source Review Anti-Backsliding Provisions for Former 1-Hour Ozone Standard
This proposed action would clarify the obligation to retain 1- hour nonattainment new source review (NSR) program requirements for certain areas designated nonattainment for the 1997 8-hour ozone national ambient air quality standard (NAAQS). The EPA proposes to
Approval and Promulgation of Air Quality Implementation Plans; North Carolina and South Carolina; Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina; Notice of Completeness Determination for the Purpose of Stopping Sanctions Clock
EPA is now giving notice of an action that EPA has already taken to find two State Implementation Plan (SIP) revisions complete and stop sanctions clocks associated with the Charlotte-Gastonia-Rock Hill North Carolina, South Carolina 1997 8-hour ozone nonattainment area (hereafter referred to as the ``bi-state Charlotte Area''). Pursuant to the Clean Air Act (CAA) and its implementing regulations, EPA has made an affirmative determination of completeness for the attainment demonstrations submitted by the States of North Carolina and South Carolina the bi-state Charlotte Area. On May 27, 2010, letters announcing this determination were sent to the Governors of North Carolina and South Carolina, effectively stopping the sanctions clock started on May 8, 2009, by a finding of failure to submit the attainment demonstrations. This notice is simply an announcement of a determination that EPA has already made.
Dried Prunes Produced in California; Increased Assessment Rate
This rule would increase the assessment rate established for the Prune Marketing Committee (Committee) for the 2010-11 and subsequent crop years from $0.16 to $0.27 per ton of salable dried prunes handled. The Committee locally administers the marketing order which regulates the handling of dried prunes grown in California. Assessments upon dried prune handlers are used by the Committee to fund reasonable and necessary expenses of the program. The crop year begins August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Perishable Agricultural Commodities Act: Increase in License Fees
The Department of Agriculture (USDA) is amending the regulations issued under the Perishable Agricultural Commodities Act (PACA or Act) to increase license fees. Specifically, annual license fees of $550 are increased to $995. Fees for branch locations are increased from $200 for branch locations in excess of nine, to $600 for each branch location. The maximum amount a licensee will pay per year has increased from $4,000 to $8,000. Additionally, the regulations have been amended to remove the provisions to phase out license fees by retailers and grocery wholesalers and the provisions to phase in triennial license renewal for retailers and grocery wholesalers as these processes have been completed. Finally, the regulations have been amended to eliminate the multi-year license renewal option for commission merchants, brokers, and dealers.
National Organic Program; Amendment to the National List of Allowed and Prohibited Substances (Livestock)
This interim rule amends the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) to incorporate a recommendation submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on April 29, 2010. Consistent with the recommendation from the NOSB, this interim rule revises the annotation of one substance on the National List, methionine, to extend its use in organic poultry production until October 1, 2012, at the following maximum levels of synthetic methionine per ton of feed: Laying chickens4 pounds; broiler chickens5 pounds; turkeys and all other poultry6 pounds. Comments are requested on this interim rule.
Milk in the Northeast and Other Marketing Areas; Order Amending the Orders
This final rule maintains the current fluid milk product definition's compositional standard of 6.5 percent nonfat milk solids criterion and incorporates an equivalent 2.25 percent true milk protein criterion for determining if a product meets the compositional standard. This final rule also determines how milk and milk-derived ingredients should be priced under all Federal milk marketing orders when used in products meeting the fluid milk product definition. It provides exemptions for drinkable yogurt products containing at least 20 percent yogurt (by weight), kefir, and products intended to be meal replacements from the fluid milk product definition. A referendum was held and the required number of producers approved the issuance of the orders as amended.
Drawbridge Operation Regulation; Passaic River, Clifton, NJ
The Coast Guard has changed the drawbridge operation regulations that govern the operation of the Route 3 Bridge, mile 11.8, across the Passaic River at Clifton, New Jersey. This final rule will allow the bridge to remain in the closed position. The purpose of this rule is to facilitate the installation of a utility cable at the bridge. The Route 3 Bridge has not received a request to open since 1998.
Drawbridge Operation Regulation; Atchafalaya River, Melville, LA
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Union Pacific Railroad vertical lift bridge across the Atchafalaya River, mile 107.4, at Melville, St. Landry and Point Coupee Parishes, Louisiana. The deviation is necessary to perform asbestos abatement work to the draw tender's house. This deviation allows the bridge to open on signal if at least a three hour advance notice is given from September 9, 2010 through October 9, 2010.
Drawbridge Operation Regulation; Taunton River, Fall River and Somerset, MA
The Coast Guard has changed the drawbridge operation regulations that govern the operation of the Brightman Street (Rt-6) Bridge at mile 1.8, across the Taunton River between Fall River and Somerset, Massachusetts. This final rule will help relieve the bridge owner from the burden of crewing the bridge at times when there have been few requests to open the bridge. In addition, we are also removing some obsolete language from the regulations, the operation regulations for the Bristol County Bridge at mile 10.3, because that bridge has subsequently been replaced with a fixed highway bridge.
Safety Zone; DEEPWATER HORIZON at Mississippi Canyon 252 Outer Continental Shelf MODU in the Gulf of Mexico
The Coast Guard is extending the effective period for the temporary safety zone around the riser for the DEEPWATER HORIZON, a Mobile Offshore Drilling Unit (MODU), at Mississippi Canyon 252, in the Outer Continental Shelf. The safety zone in place at 33 CFR 147.T08-849 terminates on August 26, 2010. Extending the effective period for this safety zone provides continued and uninterrupted protection of personnel involved in ongoing response efforts. Continuing the safety zone around the riser will significantly reduce the threat of collisions, oil spills, and releases of natural gas, and thereby protect the safety of life, property, and the environment. Response efforts continue at the water's surface and subsurface.
Special Local Regulation for Marine Events; Roanoke River, Plymouth, NC
The Coast Guard is establishing temporary special local regulations during the ``East Coast Drag Boat Association Race'', a power boat race to be held on the waters of the Roanoke River near Plymouth, North Carolina. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of the Roanoke River adjacent to Plymouth, North Carolina during the power boat race.
Safety Zone; Potomac River, St. Mary's River, St. Inigoes, MD
The Coast Guard is establishing a temporary safety zone upon specified waters of the St. Mary's River, a tributary of the Potomac River. This action is necessary to provide for the safety of life on navigable waters during military pyrotechnic flare exercises launched from a U.S. Navy helicopter located near St. Inigoes, Maryland. This safety zone is intended to protect the maritime public in a portion of the St. Mary's River.
Clarification to Section 6411 Regulations
This document contains final regulations amending existing regulations under section 6411 of the Internal Revenue Code (Code) relating to the computation and allowance of the tentative carryback adjustment. These regulations adopt without change the rules of the temporary regulations, which clarify that, for purposes of allowing a tentative adjustment, the IRS may credit or reduce the tentative adjustment by both assessed and certain unassessed tax liabilities. These final regulations affect taxpayers that file an application for a tentative carryback allowance.
Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo, and Records
The NTSB is amending its regulations on the notification and reporting of aircraft accidents or incidents by adding a definition of ``unmanned aircraft accident'' and requiring that operators notify the NTSB of accidents involving such aircraft. (Unmanned aircraft are often also called remotely piloted vehicles.)
Airworthiness Directives; Dassault-Aviation Model FALCON 7X Airplanes
We are adopting a new airworthiness directive (AD) for the products listed above. This 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:
Mailing of Cigarettes and Smokeless Tobacco Products to APO/FPO/DPO Destination Addresses
The Postal Service is revising the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) 503.9 and 601.11 to permit the mailing of cigarettes and smokeless tobacco to
Use of Microwave for Wireless Backhaul; Provision for Additional Flexibility To Broadcast Auxiliary Service and Operational Fixed Microwave Licensees
In this document, the Commission commences a proceeding to remove regulatory barriers to the use of spectrum for wireless backhaul and other point-to-point and point-to-multipoint communications. This proceeding will surface ways to increase efficient use of spectrum for backhaul, especially by updating regulatory classifications that may not have kept pace with the evolution of converged digital technologies. Providing for the more flexible use of microwave frequencies for backhaul may help promote access to backhaul solutions that are critical to the deployment of wireless broadband and other services. Our proposed rule changes may be particularly beneficial to rural areas, where wireline alternatives may not exist. Our proposed rules should increase opportunities for all users of point-to-point and point-to-multipoint services, while protecting established license holders who are already using these bands. As an initial matter, we believe 750 megahertz in the 13 gigahertz range and below can be made flexibly usable for broadband backhaul.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List the Oklahoma Grass Pink Orchid as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list Calopogon oklahomensis (Oklahoma grass pink orchid) as endangered or threatened 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 plant species, C. oklahomensis, as endangered or threatened may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing C. oklahomensis as endangered or threatened 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,
Outer Continental Shelf Air Regulations Consistency Update for Massachusetts
EPA is proposing to update to a portion of the Outer Continental Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by the Clean Air Act (``the Act''). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources in the Commonwealth of Massachusetts. The intended effect of approving the OCS requirements for the Commonwealth of Massachusetts is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below is incorporated by reference into the Code of Federal Regulations and is listed in the appendix to the OCS air regulations.
Outer Continental Shelf Air Regulations Consistency Update for Massachusetts
EPA is approving an update to a portion of the Outer Continental Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by the Clean Air Act (``the Act''). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources in the Commonwealth of Massachusetts. The intended effect of approving the OCS requirements for the Commonwealth of Massachusetts is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below is incorporated by reference into the Code of Federal Regulations and is listed in the appendix to the OCS air regulations.
Telemarketing Sales Rule
The Federal Trade Commission (``Commission'') published a final rule on August 10, 2010, adopting amendments to the Telemarketing
Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air
PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous GoodsModel Regulations.
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