Feed Editor 19 Mar 2010 17:06:37 -0500 Daily changes to the U.S. Federal Register, brought to you by RegScan.com. CFR, Code of Federal Regulations, iso 14001, OSHA, HazMat, TSCA http://www.regscan.com 2008 RegScan, Inc. en Part 2339 - The Office of Management and Budget (OMB) is consolidating all Federal regulations concerning drug-free workplace requirements for recipients of financial assistance. Accordingly, we are removing our regulation on this subject currently located within title 20 of the Code of Federal Regulations (CFR) and issuing a new regulation to adopt the OMB guidance at 2 CFR part 182. The new regulation makes no substantive change to our policy or procedures for a drug-free workplace. [75 FR 31273] 3 Jun 2010 19:38:38 -0500 http://gcs.regscan.com/cgi-bin/rsget.cgi?db=title2&doc=04780025.HTM&lic=8X7R8Q-QJ7NNNR67VWFMGF#June%203,%202010 Parts 916 and 917 - This rule increases the assessment rates established for the Nectarine Administrative Committee and the Peach Commodity Committee (Committees) for the 2010-11 and subsequent fiscal periods from $0.0175 to $0.0280 per 25-pound container or container equivalent of nectarines handled, and from $0.0025 to $0.026 per 25-pound container or container equivalent of peaches handled. The Committees locally administer the marketing orders which regulate the handling of nectarines and peaches grown in California. Assessments upon nectarine and peach handlers are used by the Committees to fund reasonable and necessary expenses of the programs. The fiscal periods run from March 1 through the last day of February. The assessment rates will remain in effect indefinitely unless modified, suspended, or terminated. [75 FR 31275] 3 Jun 2010 19:38:38 -0500 http://gcs.regscan.com/cgi-bin/rsget.cgi?db=ag900&doc=04390264.HTM&lic=8X7R8Q-QJ7NNNR67VWFMGF#June%203,%202010 Part 1218 - This rule adds two importer members and their alternates to the U.S. Highbush Blueberry Council (Council) to reflect changes in the quantity of highbush blueberry imports in the past three years. The change was proposed by the Council in accordance with the provisions of the Blueberry Promotion, Research, and Information Order (Order) which is authorized by the Commodity Promotion, Research, and Information Act of 1996 (Act). The Order requires that the Council review the geographical distribution of the United States production and the quantity of imports of highbush blueberries at least every five years. As a result of these changes, the total Council membership will increase from 14 to 16 members and their alternates. In addition, this rule increases the quorum minimum from seven to nine members. [75 FR 31279] 3 Jun 2010 19:38:38 -0500 http://gcs.regscan.com/cgi-bin/rsget.cgi?db=ag1200&doc=044101NM.HTM&lic=8X7R8Q-QJ7NNNR67VWFMGF#June%203,%202010-1 Part 1470 - Section 2301 of the Food, Conservation, and Energy Act of 2008 (2008 Act) amended the Food Security Act of 1985 to establish the Conservation Stewardship Program (CSP). On July 29, 2009, the Natural Resources Conservation Service (NRCS) published an interim final rule for CSP with a 60-day public comment period. On September 21, 2009, the public comment period was extended 30 days. NRCS is publishing a final rule that addresses the comments received on the interim final rule and makes other minor adjustments to improve clarity of the rule. [75 FR 31610] 3 Jun 2010 19:38:38 -0500 http://gcs.regscan.com/cgi-bin/rsget.cgi?db=ag1200&doc=044101NM.HTM&lic=8X7R8Q-QJ7NNNR67VWFMGF#June%203,%202010-2 Part 65 - This action amends the requirements for individuals who pack, maintain, or alter main parachutes of a dual-parachute system--those with main and "back up" parachutes--to be used for parachute jumping in connection with civil aircraft of the United States. It expressly limits the authority of a non-certificated person who is not under the supervision of an appropriate current certificated parachute rigger to only pack the main parachute of a dual-parachute system when that person will be the next jumper to use the parachute. This action is intended to correct a potentially unsafe condition of parachute operations created by changes to the 2001 revision of the current rule. [75 FR 31283] 3 Jun 2010 19:38:38 -0500 http://gcs.regscan.com/cgi-bin/rsget.cgi?db=aero60&doc=0474017N.HTM&lic=8X7R8Q-QJ7NNNR67VWFMGF#June%203,%202010 Part 439 - The Office of Management and Budget (OMB) is consolidating all Federal regulations concerning drug-free workplace requirements for recipients of financial assistance. Accordingly, we are removing our regulation on this subject currently located within title 20 of the Code of Federal Regulations (CFR) and issuing a new regulation to adopt the OMB guidance at 2 CFR part 182. The new regulation makes no substantive change to our policy or procedures for a drug-free workplace. [75 FR 31273] 3 Jun 2010 19:38:38 -0500 http://gcs.regscan.com/cgi-bin/rsget.cgi?db=emben400&doc=050201E6.HTM&lic=8X7R8Q-QJ7NNNR67VWFMGF#June%203,%202010 Part 478 - The Department of Justice has adopted as final, without change, an interim rule that amended the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") to delegate to the Director of ATF the authority to serve as the deciding official regarding the denial, suspension, or revocation of federal firearms licenses, or the imposition of a civil fine. Under the interim rule, the Director has the flexibility to delegate to another ATF official the authority to decide a revocation or denial matter, or may exercise that authority himself. Because the Director can redelegate authority to take action as the final agency decision-maker to Headquarters officials, field officials, or some combination thereof, such flexibility allows ATF to more efficiently conduct denial, suspension, and revocation hearings, and make the determination whether to impose a civil fine. This gives the agency the ability to ensure consistency in decision-making and to address any case backlogs that may occur. [75 FR 31285] 3 Jun 2010 19:38:39 -0500 http://gcs.regscan.com/cgi-bin/rsget.cgi?db=atf200&doc=058700U2.HTM&lic=8X7R8Q-QJ7NNNR67VWFMGF#June%203,%202010 Part 111 - The Postal Service is revising Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM®) 705.15. 2.14 to clarify that PS Form 8125, Plant-Verified Drop Shipment (PVDS) Verification and Clearance, is the sole source of evidence for USPS® purposes of the transfer of the custody of pieces entered as a mailing at the time of induction; to clarify that Postal employees may, upon request, sign additional nonpostal documents when presented by transportation providers; and to require segregation of documentation presented at the time of induction. [75 FR 31288] 3 Jun 2010 19:38:39 -0500 http://gcs.regscan.com/cgi-bin/rsget.cgi?db=postserv&doc=062700RF.HTM&lic=8X7R8Q-QJ7NNNR67VWFMGF#June%203,%202010 Part 52 - The EPA is determining that the Providence (All of Rhode Island) moderate 8-hour ozone nonattainment area has attained the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. This determination is based upon complete, quality-assured and certified ambient air monitoring data that show the area has monitored attainment of the 8-hour ozone NAAQS for the 2006-2008 monitoring period. In addition, quality-assured and certified ozone data for 2009, show that this area continues to attain the 1997 8-hour ozone NAAQS. This determination results in the suspension of the requirements for Rhode Island to submit an attainment demonstration, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans for this area related to attainment of the 8-hour ozone NAAQS. These requirements shall remain suspended for so long as the area continues to attain the ozone NAAQS. [75 FR 31288] 3 Jun 2010 19:38:39 -0500 http://gcs.regscan.com/cgi-bin/rsget.cgi?db=air&doc=000202RP.HTM&lic=8X7R8Q-QJ7NNNR67VWFMGF#June%203,%202010-1 Part 52 - The Environmental Protection Agency is approving State Implementation Plan (SIP) revisions submitted by the State of North Dakota on April 6, 2009. Specifically, EPA is approving revisions to the North Dakota air pollution control rules regarding prevention of significant deterioration of air quality, and partially approving the SIP revision "Interstate Transport of Air Pollution" addressing the requirements of Clean Air Act section 110(a)(2)(D)(i) for the 1997 PM2.5 and 8-hour ozone National Ambient Air Quality Standards (NAAQS). These revisions, referred to as the Interstate Transport of Air Pollution SIP, address the requirements of Clean Air Act section 110(a)(2)(D)(i) for the 1997 8-hour ozone and 1997 PM2.5 National Ambient Air Quality Standards (NAAQS). In this action, EPA is approving the North Dakota Interstate Transport SIP provisions that address the requirement of section 110(a)(2)(D)(i)(I) that emissions from the state's sources do not "contribute significantly" to nonattainment of the 1997 8-hour ozone NAAQS and the 1997 PM2.5 NAAQS in any other state. In addition, EPA is approving the provisions of this SIP that address the requirement of section 110(a)(2)(D)(i)(II) that emissions from the state's sources do not interfere with measures required in the SIP of any other state under part C of the Clean Air Act (CAA) to prevent "significant deterioration of air quality." EPA will act at a later date on the North Dakota Interstate Transport SIP provisions that address the remaining two requirements of section 110(a)(2)(D)(i), that emissions from the state's sources do not "interfere with maintenance" of the 1997 8-hour ozone and 1997 PM2.5 NAAQS in any other state, and do not interfere with measures required in the SIP of any other state to "protect visibility." This action is being taken under section 110 of the Clean Air Act. [75 FR 31290] 3 Jun 2010 19:38:39 -0500 http://gcs.regscan.com/cgi-bin/rsget.cgi?db=air&doc=000202RP.HTM&lic=8X7R8Q-QJ7NNNR67VWFMGF#June%203,%202010-2 Part 52 - EPA is partially approving State Implementation Plan (SIP) revisions submitted by the State of Colorado on June 18, 2009. These revisions, referred to as the Colorado Interstate Transport SIP, address the requirements of Clean Air Act section 110(a)(2)(D)(i)(I) for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS). In this action EPA is approving the Colorado Interstate Transport SIP non-regulatory provisions that address the requirement of section 110(a)(2)(D)(i)(I) that emissions from the state's sources do not "contribute significantly" to nonattainment of the 1997 8-hour ozone NAAQS in any other state. EPA will act at a later date on the Colorado Interstate Transport SIP provisions that address the requirement of section 110(a)(2)(D)(i)(I) that emissions from the state's sources do not "interfere with maintenance" of the 1997 8-hour ozone NAAQS in any other state. This action is being taken under section 110 of the Clean Air Act. [75 FR 31306] 3 Jun 2010 19:38:39 -0500 http://gcs.regscan.com/cgi-bin/rsget.cgi?db=air&doc=000202RP.HTM&lic=8X7R8Q-QJ7NNNR67VWFMGF#June%203,%202010-3 Part 63 - EPA is taking direct final action on amendments to the paints and allied products manufacturing area source rule. With this direct final rule, EPA is amending the definition of "material containing hazardous air pollutants." It was not EPA's intent to omit the part of this definition that addresses non-carcinogens, and this omission could potentially and erroneously include facilities as applicable to the rule when they should not be covered. [75 FR 31317] 3 Jun 2010 19:38:39 -0500 http://gcs.regscan.com/cgi-bin/rsget.cgi?db=air&doc=000202RP.HTM&lic=8X7R8Q-QJ7NNNR67VWFMGF#June%203,%202010-4 Parts 51, 52, 70, and 71 - EPA is tailoring the applicability criteria that determine which stationary sources and modification projects become subject to permitting requirements for greenhouse gas (GHG) emissions under the Prevention of Significant Deterioration (PSD) and title V programs of the Clean Air Act (CAA or Act). This rulemaking is necessary because without it PSD and title V requirements would apply, as of January 2, 2011, at the 100 or 250 tons per year (tpy) levels provided under the CAA, greatly increasing the number of required permits, imposing undue costs on small sources, overwhelming the resources of permitting authorities, and severely impairing the functioning of the programs. EPA is relieving these resource burdens by phasing in the applicability of these programs to GHG sources, starting with the largest GHG emitters. This rule establishes two initial steps of the phase-in. The rule also commits the agency to take certain actions on future steps addressing smaller sources, but excludes certain smaller sources from PSD and title V permitting for GHG emissions until at least April 30, 2016. [75 FR 31514] 3 Jun 2010 19:38:39 -0500 http://gcs.regscan.com/cgi-bin/rsget.cgi?db=air&doc=000202RP.HTM&lic=8X7R8Q-QJ7NNNR67VWFMGF#June%203,%202010-5 Parts 51, 52, 70, and 71 - EPA is tailoring the applicability criteria that determine which stationary sources and modification projects become subject to permitting requirements for greenhouse gas (GHG) emissions under the Prevention of Significant Deterioration (PSD) and title V programs of the Clean Air Act (CAA or Act). This rulemaking is necessary because without it PSD and title V requirements would apply, as of January 2, 2011, at the 100 or 250 tons per year (tpy) levels provided under the CAA, greatly increasing the number of required permits, imposing undue costs on small sources, overwhelming the resources of permitting authorities, and severely impairing the functioning of the programs. EPA is relieving these resource burdens by phasing in the applicability of these programs to GHG sources, starting with the largest GHG emitters. This rule establishes two initial steps of the phase-in. The rule also commits the agency to take certain actions on future steps addressing smaller sources, but excludes certain smaller sources from PSD and title V permitting for GHG emissions until at least April 30, 2016. [75 FR 31514] 3 Jun 2010 19:38:40 -0500 http://gcs.regscan.com/cgi-bin/rsget.cgi?db=air2&doc=0045028P.HTM&lic=8X7R8Q-QJ7NNNR67VWFMGF#June%203,%202010 Part 501 - The Federal Maritime Commission (FMC or Commission) published in the Federal Register of May 26, 2010, the Final Rule for the reorganization of the Commission. The reference to the Commission's Office of Consumer Affairs and Dispute Resolution Services was inadvertently omitted from Lines of Responsibility and Functions of the Chairman. This document corrects the omission. This correction also adds the legend for the Commission's Organization Chart. [75 FR 31320] 3 Jun 2010 19:38:40 -0500 http://gcs.regscan.com/cgi-bin/rsget.cgi?db=ship500&doc=060300EX.HTM&lic=8X7R8Q-QJ7NNNR67VWFMGF#June%203,%202010 Part 679 - NMFS is prohibiting directed fishing for rock sole, flathead sole, and "other flatfish" by vessels participating in the Amendment 80 limited access fishery in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2010 halibut bycatch allowance specified for the trawl rock sole, flathead sole, and "other flatfish" fishery category by vessels participating in the Amendment 80 limited access fishery in the BSAI. [75 FR 31321] 3 Jun 2010 19:44:39 -0500 http://gcs.regscan.com/cgi-bin/rsget.cgi?db=wdfish6&doc=059100FA.HTM&lic=8X7R8Q-QJ7NNNR67VWFMGF#June%203,%202010