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TRANSPORTATION (DOT)

    COURTHOUSE NEWS SERVICE

    Federal Regulation Brief

    April 29, 2010

AGRICULTURE:

    AGRICULTURE (USDA)

    NEWLY PUBLISHED REGULATIONS

AGRICULTURAL MARKETING SERVICE (AMS)

Minimum quality and handling standards for domestic and imported peanuts

    marketed in United States, Section 610 review: Notice of review and request for

    comments, published April 28, 2010, written comments by June 28, 2010

    [TEXT]

    The Agricultural Marketing Service announces its plans to review Minimum Quality

    and Handling Standards for Domestic and Imported Peanuts Marketed in the United

    States, under the criteria contained in Section 610 of the Regulatory Flexibility Act.

Olives grown in California, increased assessment rate: Final rule, published April 28,

    2010, effective April 29, 2010

    [TEXT]

    The Agricultural Marketing Service increases the assessment rate established for the

    California Olive Committee for the 2010 and later fiscal years from $28.63 to $44.72

    per assessable ton of olives handled. The fiscal year began Jan. 1 and ends Dec. 31.

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ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

Importation of papayas From Colombia and Ecuador: Final rule, published April 28,

    2010, effective May 28, 2010

    [TEXT]

    The Animal and Plant Health Inspection Service amends the fruits and vegetables

    regulations to allow, under certain conditions, the importation of commercial

    shipments of fresh papayas from Colombia and Ecuador into the continental United

    States. The conditions include requirements for field sanitation, hot water treatment,

    and fruit fly trapping in papaya production areas.

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COMMERCE:

    COMMERCE (DOC)

    NEWLY PUBLISHED REGULATIONS

NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION (NOAA)

    Endangered and threatened wildlife and plants, threatened status for the Puget Sound/Georgia Basin distinct population segments of yelloweye and canary rockfish, and endangered status for the Puget Sound/Georgia Basin distinct population segment of bocaccio rockfish: Final rule, published April 28, 2010, effective July 27, 2010

    [TEXT] The National Marine Fisheries Service issues a final determination to list the Puget Sound/Georgia Basin distinct population segments of yelloweye rockfish (Sebastes ruberrimus) and canary rockfish (Sebastes pinniger) as threatened, and bocaccio rockfish (Sebastes paucispinis) as endangered under the Endangered Species Act (ESA). The agency will propose protective regulations for yelloweye and canary rockfish under ESA Section 4(d) and critical habitat for all three species in separate rulemakings, and will solicit public comments for these rulemakings separately. ---------------

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    COMMUNICATION (FCC)

NEWLY PUBLISHED REGULATIONS

    Reexamination of roaming obligations of commercial mobile radio service providers: Final rule, published April 28, 2010, effective May 28, 2010

    [TEXT] In an Order on Reconsideration, the Federal Communications Commission modifies the automatic roaming obligation that the agency adopted for voice and related services in 2007 by eliminating the home roaming exclusion.

PROPOSED REGULATIONS

    Aviation service rules: Proposed rule, published April 28, 2010, comments by June 28, 2010, reply comments by July 27, 2010

    [TEXT] The Federal Communications Commission considers a petition for rulemaking requesting that the agency amend its rules for aeronautical mobility mobile stations. The agency 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.

    Reexamination of roaming obligations of commercial mobile radio service providers: Proposed rule, published April 28, 2010, comments by June 14, 2010, reply comments by July 12, 2010

    [TEXT] The Federal Communications Commission addresses in this second further notice of proposed rulemaking whether to extend roaming obligations to data services provided without interconnection to the public switched networkincluding mobile

    broadband services.

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    CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

PROPOSED REGULATIONS

Safety standard for bassinets and cradles: Notice of proposed rulemaking, published

    April 28, 2010, written comments by July 12, 2010

    [TEXT] [PDF] The Consumer Product Safety Improvement Act requires the U.S. Consumer Product

    Safety Commission to publish consumer product safety standards for durable infant

    or toddler products. The standards are to be “substantially the same as” applicable

    voluntary standards or more stringent than the voluntary standard if the agency

    concludes that more stringent requirements would further reduce the risk of injury

    associated with the product. The agency proposes a more stringent safety standard

    for bassinets and cradles that would further reduce the risk of injury associated with

    these products.

Safety standard for toddler beds: Proposed rule, published April 28, 2010, comments

    by July 12, 2010, Paperwork Reduction Act comments by May 28, 2010

    [TEXT] [PDF] The Consumer Product Safety Improvement Act (CPSIA) requires the U.S. Consumer

    Product Safety Commission to publish 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

    agency concludes that more stringent requirements would further reduce the risk of

    injury associated with the product. The agency proposes a safety standard for

    toddler beds in response to the direction under Section 104(b) of the CPSIA. The

    proposed safety standard would address entrapment in bed end structures,

    entrapment between the guardrail and side rail, entrapment in the mattress support

    system and component failures of the bed support system and guardrails. The

    proposed standard also addresses corner post extensions that can catch items worn

    by a child.

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ENVIRONMENT, ENERGY & RESOURCES:

    ENERGY (DOE)

NEWLY PUBLISHED REGULATIONS

Energy Conservation Program, test procedures for general service fluorescent lamps,

    incandescent reflector lamps, and general service incandescent lamps, correction:

    Final rule, technical amendments, published April 28, 2010, effective April 28, 2010

    [TEXT] [PDF] The Office of Energy Efficiency and Renewable Energy restores the correct and

    complete language inadvertently removed from the DOE test procedure for general

    service fluorescent lamps, incandescent reflector lamps, and general service incandescent lamps, published in the July 6, 2009 Federal Register.

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    ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

    Exemption from the requirement of a tolerance, phosphate ester, tallowamine, ethoxylated: Final rule, published April 28, 2010, effective April 28, 2010, objections and requests for hearings by June 28, 2010

    [TEXT] The Environmental Protection Agency establishes an exemption from the requirement of a tolerance for residues of phosphate ester, tallowamine, ethoxylated (PETAE) when used as an inert ingredient at a maximum of 20 percent by weight in pesticide formulations applied in or on growing crops. The exemption eliminates the need to establish a maximum permissible level for residues of the toxin PETAE. Huntsman Corporation submitted a petition requesting establishment of an exemption from the requirement of a tolerance.

    Pesticide tolerances, cyprodinil: Final rule, published April 28, 2010, effective April 28, 2010, objections and requests for hearings by June 28, 2010

    [TEXT] The Environmental Protection Agency establishes a tolerance for residues of cyprodinil in or on canola seed at 0.03 parts per million (import only). Syngenta Crop Protection, Inc. requested these tolerances. A tolerance is the amount of a toxin legally allowed on produce.

    Pesticide tolerances, cyromazine: Final rule, published April 28, 2010, effective April 28, 2010, objections and requests for hearings by June 28, 2010

    [TEXT] The Environmental Protection Agency establishes tolerances for residues of cyromazine in or on succulent beans at 2.0 parts per million. Interregional Research Project Number 4 (IR-4) requested these tolerances. A tolerance is the amount of a toxin legally allowed on produce.

    Pesticide tolerances, difenoconazole: Final rule, published April 28, 2010, effective April 28, 2010, objections and requests for hearings by June 28, 2010 [TEXT] The Environmental Protection Agency establishes tolerances for residues of the fungicide difenoconazole in or on: Almond, hulls; brassica, head and stem, subgroup 5A; brassica, leafy green, subgroup 5B; citrus, dried pulp; citrus, oil; fruit, citrus, group 10; grape; grape, raisin; nut, tree, group 14; onion, bulb, subgroup 3-07A; onion, green, subgroup 3-07B; pistachio; and vegetable, cucurbit, group 9. The EPA also revises the difenoconazole crop and animal tolerance expressions; deleting all section 18 difenoconazole tolerances no longer needed as a result of this action; reinstating tolerances for wheat forage, wheat grain, and wheat straw, inadvertently

    removed when previous tolerances were established; correcting the existing tolerance for beet, sugar; and deleting the grape import superscript. Syngenta Crop Protection, Inc. requested the new tolerances. A tolerance is the amount of a toxin legally allowed on produce.

    Pesticide tolerances, imidacloprid: Final rule, published April 28, 2010, effective April 28, 2010, objections and requests for hearings by June 28, 2010

    [TEXT] The Environmental Protection Agency 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. The EPA 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. A tolerance is the amount of a toxin legally allowed on produce.

PROPOSED REGULATIONS

    Lead emissions from piston-engine aircraft using leaded aviation gasoline: Advance notice of proposed rulemaking, published April 28, 2010, comments by June 28, 2010

    [TEXT] [PDF]

    The Environmental Protection Agency issues advance notice of proposed rulemaking, and describes information that is available and being collected for a proposal on whether, in the Administrator's judgment, aircraft lead emissions from aircraft using leaded aviation gasoline (avgas) cause or contribute to air pollution, which may reasonably be anticipated to endanger public health or welfare. In this advance notice of proposed rulemaking the agency is describing and requesting comment on the data available for evaluating lead emissions, ambient concentrations and potential exposure to lead from the continued use of leaded avgas in piston-engine powered aircraft. The agency also is describing and requesting comment on additional information being collected that will inform any future action.

     This advance notice of proposed rulemaking is issued to further respond to a petition submitted by Friends of the Earth in 2006. Emissions of lead from piston-engine aircraft using leaded avgas comprise approximately half of the national inventory of lead emitted to air. There are almost 20,000 airport facilities in the U.S. at which leaded avgas may be used. The EPA has long-standing concerns regarding exposure to lead, particularly during childhood. The most recent review and revision of the National Ambient Air Quality Standard for lead, issued in 2008, found that serious health effects occur at much lower levels of lead in blood than previously identified and did not identify a safe level of lead exposure.

    National emission standards for hazardous air pollutants, gold mine ore processing and production area source category, and addition to source category list for standards: Proposed rule, published April 28, 2010, comments by May 28, 2010 unless a public hearing is requested by May 10, 2010, if a hearing is requested submit written comments by June 14, 2010, submit comments on the information collection provisions to the Office of Management and Budget by May 28, 2010 [TEXT] [PDF]

    The Environmental Protection Agency proposes to add the gold mine ore processing and production area source category to the list of source categories subject to regulation under the hazardous air pollutant section of the Clean Air Act due to their mercury emissions. The EPA also proposes national mercury emission standards for this category based on the emissions level of the best performing facilities which are well controlled for mercury. The EPA solicits comments on all aspects of this proposed rule.

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    DEPARTMENT OF THE INTERIOR (DOI)

NEWLY PUBLISHED REGULATIONS

MINERALS MANAGEMENT SERVICE (MMS)

    Update of revised and reaffirmed documents incorporated by reference: Final rule, published April 28, 2010, effective May 28, 2010

    [TEXT] The Minerals Management Service incorporates 21 revised editions and 17 reaffirmed editions of documents previously incorporated by reference in regulations for oil and gas and sulphur operations in the Outer Continental Shelf. Additionally, this final rule rectifies an incorrect reference to American Petroleum Institute 510. The revised and reaffirmed editions of these documents are to ensure that lessees use the best and safest technologies available while operating in the Outer Continental Shelf. ----------------

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GOVERNMENT:

    PRESIDENTIAL DOCUMENTS

ADMINISTRATIVE ORDERS

    National Defense Authorization Act, Delegation of Functions (Memorandum of April 20, 2010): Delegation of Certain Functions Under Section 1265 of the National Defense Authorization Act for Fiscal Year 2010, Memorandum for the Secretary of State, published April 28, 2010

    [TEXT] President Obama has delegated to the Secretary of State the functions and authority conferred upon the President by section 1265 of the National Defense Authorization Act for Fiscal Year 2010, Public Law 111-84, to make the specified report to the Congress.

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NATIONAL SECURITY:

    HOMELAND SECURITY (DHS)

NEWLY PUBLISHED REGULATIONS

COAST GUARD (USCG)

    Drawbridge operation regulations, Upper Mississippi River, Rock Island, Illinois: Notice of temporary deviation from regulations, published April 28, 2010, effective 7:30 a.m. to 11:30 a.m. Sept. 26, 2010

    [TEXT] The U.S. Coast Guard issues a temporary change in the regulation for the operation of the Rock Island Railroad and Highway Drawbridge across the Upper Mississippi River, mile 482.9, Rock Island, Ill. The deviation is to allow the Quad Cities Marathon to cross the bridge. This deviation allows the bridge to be maintained in the closed to navigation position for four hours.

    Regulated navigation area, Lake Champlain Bridge construction zone, New York and Vermont: Temporary interim rule, request for comments, published April 28, 2010, effective April 28, 2010, effective with actual notice for enforcement April 23, 2010 through Dec. 31, 2011, comments by June 28, 2010, public meeting requests by May 28, 2010

    [TEXT] The U.S. Coast Guard establishes a regulated navigation area around the construction zone of the Lake Champlain Bridge between Crown Point, N.Y. and Chimney Point, Vt. This temporary interim rule places speed restrictions on all vessels traveling the navigable waters of Lake Champlain near 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.

    Safety zone, 2010 Veterans Tribute Fireworks, Lake Charlevoix, Boyne City, Michigan: Temporary final rule, published April 28, 2010, effective 10 p.m. to 10:45 p.m. May 29, 2010

    [TEXT] The U.S. Coast Guard establishes a temporary safety zone on the waters of Lake Charlevoix near Boyne City, Mich. for a fireworks display. All vessels are prohibited from traveling the zone on a part of Lake Charlevoix during the enforcement period.

    Safety zone, Milwaukee Harbor, Milwaukee, Wisconsin: Notice of enforcement of regulation, published April 28, 2010, enforced during four separate periods between 9:15 p.m. June 12 and 10:30 p.m. June 24, 2010

    [TEXT] The U.S. Coast Guard enforces the safety zone for annual fireworks events in the Captain of the Port, Sector Lake Michigan, during four separate periods between 9:15 p.m. June 12, 2010 and 10:30 p.m. June 24, 2010. This action establishes restrictions upon, and controls 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 zones without permission of the Captain of the Port, Sector Lake Michigan.

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FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Suspension of Community Eligibility: Correction, published April 28, 2010

    [TEXT]

    The Federal Emergency Management Agency corrects two dates in the table on page

    5891 of the Feb. 5, 2010 rule document 2010-2487, Section 64.6, as follows:

    Section 64.6 [Corrected]

    On page 5891, in Section 64.6, in the table, under the Current effective map

    date heading, in the first entry, Apr. 17, 2010” is corrected to read Feb. 17,

    2010.

    On page 5891, in Section 64.6, in the same table, under the Date certain

    federal assistance no longer available in SFHAsheading, in the first entry,

    Apr. 17, 2010” is corrected to read Feb. 17, 2010.

PROPOSED REGULATIONS

COAST GUARD (USCG)

Anchorage regulations, Port of New York: Supplemental notice of proposed

    rulemaking, published April 28, 2010, comments by May 28, 2010

    [TEXT] [PDF] The U.S. Coast Guard supplements its September 2009 proposed rule to amend

    Anchorage Ground No. 19 east of the Edgewater-Weehawken Federal Channel on the

    Hudson River, to facilitate safe navigation and provide safe and secure anchorages

    for vessels operating in the area. The proposed rulemaking incorrectly stated that

    the current Edgewater-Weehawken Federal Channel would be relocated as part of

    the proposed changes to Anchorage Ground No. 19. The U.S. Coast Guard also

    cancels two proposed changes to the anchorage regulation discussed in the notice of

    proposed rulemaking, and provides an additional opportunity for comment on the

    proposed changes to the regulations for Anchorage 19.

Safety zone, Chicago July 4th celebration fireworks, Lake Michigan, Chicago, Illinois:

    Notice of proposed rulemaking, published April 28, 2010, comments by May 28,

    2010

    [TEXT]

    The U.S. Coast Guard proposes to establish a safety zone on Lake Michigan near

    Chicago, Ill. This zone is to restrict vessels from a part of Lake Michigan due to

    multiple firework displays.

Safety zone, Michigan City Super Boat Grand Prix, Lake Michigan, Michigan City,

    Indiana: Notice of proposed rulemaking, published April 28, 2010, comments by May

    28, 2010

    [TEXT]

    The U.S. Coast Guard proposes to establish a temporary safety zone on Lake

    Michigan near Michigan City, Ind. This zone is to restrict vessels from a part of Lake

    Michigan due to high speed power boat racing.

    Safety zone, north jetty, named the Barview Jetty, Tillamook Bay, Oregon: Notice of proposed rulemaking, published April 28, 2010, comments by May 28, 2010 [TEXT] The U.S. Coast Guard proposes to establish a safety zone surrounding the north jetty, named the Barview Jetty, near Tillamook Bay, Ore. while it is being repaired. The safety zone prohibits people and vessels from entering or remaining within 250 feet of the jetty unless specifically authorized by the Captain of the Port or a designated representative.

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TRANSPORTATION

    TRANSPORTATION (DOT)

NEWLY PUBLISHED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

    Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, miscellaneous amendments, page 22217: Final rule, published April 28, 2010, effective April 28, 2010, compliance dates complex [TEXT] The Federal Aviation Administration establishes, amends, suspends, or revokes Standard Instrument Approach Procedures and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are due to the adoption of new or revised criteria, or due to 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.

    Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, miscellaneous amendments, page 22215: Final rule, published April 28, 2010, effective April 28, 2010, compliance dates complex [TEXT] The Federal Aviation Administration establishes, amends, suspends, or revokes Standard Instrument Approach Procedures and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are due to the adoption of new or revised criteria, or due to 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.

PROPOSED REGULATIONS

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)

    Federal motor vehicle safety standards, small business impacts of motor vehicle safety: Notice of regulatory review, published April 28, 2010, comments by June 28, 2010

    [TEXT] The National Highway Traffic Safety Administration seeks comments on the economic impact of its regulations on small entities. As required by Section 610 of the Regulatory Flexibility Act, the agency attempts to identify rules that may have a significant economic impact on a substantial number of small entities. The agency also requests comments on ways to make these regulations easier to read and understand. The focus of this notice is rules that specifically relate to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, incomplete vehicles, motorcycles, and motor vehicle equipment.

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