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COURTHOUSE NEWS SERVICE

Federal Regulation Brief

May 28, 2010

AGRICULTURE:

AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

AGRICULTURAL MARKETING SERVICE (AMS)

Final free and restricted percentages for the 2009–2010 crop year, tart cherries grown in the states of Michigan, Michigan, New York, Pennsylvania, Oregon, Utah,

Washington, and Wisconsin: Final rule, published May 27, 2010, effective May 28,

2010

[TEXT]

The Agricultural Marketing Service establishes final free and restricted percentages for the 2009-2010 crop year under the federal marketing order regulating tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and

Wisconsin. The percentages are 32 percent free and 68 percent restricted and establish the proportion of cherries from the 2009 crop which may be handled in commercial outlets. The percentages are intended to stabilize supplies and prices, and strengthen market conditions.

PROPOSED REGULATIONS

AGRICULTURAL MARKETING SERVICE (AMS)

Increased assessment rate for the 2010–2011 crop year for tart cherries, tart cherries grown in the states of Michigan, New York, Oregon, Pennsylvania, Utah,

Washington, and Wisconsin: Proposed rule, published May 27, 2010, comments by

July 26, 2010

[TEXT]

The Agricultural Marketing Service proposes a rule that would increase the assessment rate established for the Cherry Industry Administrative Board for the

2010-2011 fiscal period from $0.0066 to $0.0075 per pound of assessable tart cherries. The Board locally administers the marketing order which regulates the handling of tart cherries grown in Michigan, New York, Oregon, Pennsylvania, Utah,

Washington, and Wisconsin. The 2010-2011 fiscal period begins Oct. 1, 2010.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

Additional shipping options, importation of Mexican Hass avocados: Proposed rule, published May 27, 2010, comments by July 26, 2010

[TEXT]

The Animal and Plant Health Inspection Service proposes to amend its regulations for the importation of Hass avocados originating in Michoacan, Mexico, by adding the option to ship avocados to the U.S. in bulk shipping bins when safeguarding is maintained from the packinghouse to the port of first arrival in the U.S. and by

making it clear that the avocados may be shipped by land, sea or air. The agency also proposes to allow avocados from multiple packinghouses that participate in the avocado export program to be combined into one consignment.

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COMMERCE:

COMMERCE (DOC)

NEWLY PUBLISHED REGULATIONS

NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION (NOAA)

Fisheries of the northeastern United States, northeast multispecies fishery, reductions to trip limits for five groundfish stocks: Temporary rule, inseason adjustment of landing limits, published May 27, 2010, effective 0001 hours May 27,

2010 through April 30, 2011

[TEXT]

The National Marine Fisheries Service decreases the landing limit for Gulf of Maine haddock, Georges Bank haddock, Gulf of Maine winter flounder, Georges Bank winter flounder and Georges Bank yellowtail flounder for northeast multispecies vessels fishing under common pool regulations for the 2010 fishing year. This action is to decrease the likelihood of harvest exceeding the subcomponent of the annual catch limit allocated to the common pool for each of these five stocks during fishing year

2010 (May 1, 2010 through April 30, 2011).

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COMMUNICATION (FCC)

NEWLY PUBLISHED REGULATIONS

Frequency coordination and eligibility issues, private land mobile radio licensing:

Final rule clarification, published May 27, 2010

[TEXT]

The Federal Communications Commission, on its own motion, clarifies certain rules adopted previously to further explain the analysis underlying the agency’s rule changes adopted in the Second Report and Order published at 75 FR 19277, April 14,

2010. The agency also clarifies the rule change removing the frequency coordination requirement for applications to modify private land mobile radio licenses by reducing the authorized bandwidth.

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POSTAL SERVICE (USPS)

NEWLY PUBLISHED REGULATIONS

Treatment of cigarettes and smokeless tobacco as nonmailable matter: Final rule, published May 27, 2010, effective June 29, 2010

[TEXT]

The U.S. Postal Service revises the Mailing Standards of the U.S. Postal Service,

Domestic Mail Manual 601.11 regarding the mailing of tobacco cigarettes and smokeless tobacco. These provisions implement specific requirements of the Prevent

All Tobacco Cigarettes Trafficking Act, which restricts the mailability of cigarettes and smokeless tobacco.

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ENVIRONMENT, ENERGY & RESOURCES:

ENERGY (DOE)

PROPOSED REGULATIONS

Energy Conservation Program for Consumer Products, test procedures for refrigerators, refrigerator-freezers, and freezers: Notice of proposed rulemaking and public meeting, published May 27, 2010, public meeting 9 a.m. to 4 p.m. June 22,

2010, in Washington, DC, requests to speak by 4 p.m. June 8, 2010, signed original and an electronic copy of statements to be given at the public meeting by 4 p.m.

June 15, 2010, comments, data, and information by Aug. 10, 2010

[TEXT] [PDF]

The U.S. Department of Energy issues a notice of proposed rulemaking to amend the test procedures for refrigerators, refrigerator-freezers, and freezers.

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ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

Approval and promulgation of air quality implementation plans, approval of Section

110(a)(1) Maintenance Plan for the 1997 8-hour ozone standard for the Jacksonville,

Tampa Bay, and Southeast Florida Areas, Florida: Direct final rule, published May 27,

2010, effective July 26, 2010 without further notice, unless the Environmental

Protection Agency receives relevant adverse comment by June 28, 2010

[TEXT]

The Environmental Protection Agency approves revisions to the Florida State

Implementation Plan (SIP) concerning the maintenance plans addressing the 1997 8hour ozone standards for the Jacksonville, Tampa Bay, and Southeast Florida 1997

8-hour ozone attainment areas in Florida, hereafter referred to as the “Jacksonville

Area,” “Tampa Bay Area,” and “Southeast Florida Area,” respectively.

PROPOSED REGULATIONS

Approval and promulgation of air quality implementation plans, approval of Section

110(a)(1) Maintenance Plan for the 1997 8-hour ozone standard for the Jacksonville,

Tampa Bay, and Southeast Florida Areas, Florida: Proposed rule, published May 27,

2010, written comments by June 28, 2010

[TEXT]

The Environmental Protection Agency proposes to approve revisions to the Florida

State Implementation Plan (SIP) concerning the maintenance plans addressing the

1997 8-hour ozone standards for the Jacksonville, Tampa Bay, and Southeast Florida

1997 8-hour ozone attainment areas in Florida, hereafter referred to as the

“Jacksonville Area,” “Tampa Bay Area,” and “Southeast Florida Area,” respectively.

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DEPARTMENT OF THE INTERIOR (DOI)

PROPOSED REGULATIONS

FISH AND WILDLIFE SERVICE (USFWS)

Endangered and threatened wildlife and plants, revised critical habitat for Preble’s meadow jumping mouse: Proposed rule, reopening of comment period, published

May 27, 2010, comments by June 28, 2010

[TEXT]

The U.S. Fish and Wildlife Service announces the reopening of the public comment period on the proposed revised designation of critical habitat for the Preble's meadow jumping mouse (Zapus hudsonius preblei) under the Endangered Species Act. The agency also announces the availability of a draft economic analysis, a draft environmental assessment, and an amended required determinations section of the proposal. The agency reopens the comment period for the proposal to allow all interested parties an opportunity to comment simultaneously on the revised proposed rule, the associated draft economic analysis and draft environmental assessment, and the amended required determinations section.

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HEALTH:

HEALTH AND HUMAN SERVICES (HHS)

PROPOSED REGULATIONS

CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC)

Meeting, total inward leakage requirements for respirators: Notice of public meeting, published May 27, 2010, public meeting 8:30 a.m. to 4 p.m. Eastern Daylight Time, or after the last public commenter has spoken, whichever is earlier, July 29, 2010, to be held at the Marriot Inn and Conference Center UMUC, 3501 University Boulevard

E., Hyattsville, Md. 20783

[TEXT]

The National Institute for Occupational Safety and Health (NIOSH) will hold a second public meeting regarding the proposed rule for Total Inward Leakage Requirements for Respirators published in the Oct. 30, 2009 Federal Register. The meeting is to allow participants to make presentations to the NIOSH, share results of any new

research that may be available or in process in the area of filtering facepiece or other half-mask respirator inward leakage measurement, and offer any additional comments on the anticipated economic impact of the proposed rule.

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MONEY:

TREASURY (USDT)

PROPOSED REGULATIONS

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB)

Proposed establishment of the Pine Mountain-Mayacmas viticultural area: Notice of proposed rulemaking, published May 27, 2010, written comments by July 26, 2010

[TEXT]

The Alcohol and Tobacco Tax and Trade Bureau proposes to establish the 4,600-acre

“Pine Mountain-Mayacmas” American viticultural area in parts of Mendocino and

Sonoma Counties, California. The agency designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. The agency invites comments on this proposed addition to its regulations.

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NATIONAL SECURITY:

HOMELAND SECURITY (DHS)

NEWLY PUBLISHED REGULATIONS

COAST GUARD (USCG)

Safety zone, America’s Discount Tire 50th Anniversary Fireworks Display, South Lake

Tahoe, California: Temporary final rule, published May 27, 2010, effective 10 a.m.

July 11 to 9:50 p.m. July 13, 2010

[TEXT]

The U.S. Coast Guard establishes a temporary safety zone in the navigable waters of

South Lake Tahoe, Calif. for the America’s Discount Tire 50th Anniversary Fireworks

Display. Unauthorized people or vessels are prohibited from entering into, traveling through or remaining in the safety zone without permission of the Captain of the Port or a designated representative.

Safety zones, Wicomico Community Fireworks, Great Wicomico River, Mila, Virginia:

Temporary final rule, published May 27, 2010, effective 9 p.m. July 3 to 10 p.m. July

4, 2010

[TEXT]

The U.S. Coast Guard establishes a safety zone on the Great Wicomico River near

Mila, Va. for the Wicomico Community Fireworks event. This action is to restrict

vessel traffic movement on the Great Wicomico River to protect mariners from the hazards associated with fireworks displays.

PROPOSED REGULATIONS

COAST GUARD (USCG)

Drawbridge operation regulation, Oakland Inner Harbor Tidal Canal,

Oakland/Alameda, California, schedule change: Notice of proposed rulemaking, published May 27, 2010, comments by Aug. 25, 2010

[TEXT]

The U.S. Coast Guard proposes to modify the drawbridge operation regulation for the

Alameda County and the Army Corps of Engineers owned drawbridges across

Oakland Inner Harbor Tidal Canal, between Oakland and Alameda, Calif. so that four hours advance notice for openings would be required from waterway users to the bridge owner, between the hours 4:30 p.m. and 9 a.m. daily. With the exception of federal holidays, openings at all other times would be on signal except during interstate rush hours, 8 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m., Monday through

Friday, when the drawbridges need not be opened for vessels. However, the draws would open during the above closed periods for vessels which must, for reasons of safety, move on a tide or slack water, if at least four hours advance notice is given.

The proposed rule is requested by Alameda County to reduce the bridge staffing requirements during periods of reduced openings.

Security zones, Sabine Bank Channel, Sabine Pass Channel and Sabine-Neches

Waterway, Texas: Notice of proposed rulemaking, published May 27, 2010, comments by June 28, 2010

[TEXT]

The U.S. Coast Guard proposes to establish moving security zones for certain vessels requiring enhanced security measures, as determined by the Captain of the Port,

Port Arthur. In addition, the agency proposes a 100-foot security zone around Liquid

Natural Gas (LNG) carriers while they are moored at the Golden Pass LNG facility in

Sabine, Texas and/or the Sabine Pass LNG facility in Cheniere, La.

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TRANSPORTATION

TRANSPORTATION (DOT)

NEWLY PUBLISHED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Amendment of Area Navigation Route Q–15, California: Final rule, published May 27,

2010, effective 0901 UTC, July 29, 2010

[TEXT]

The Federal Aviation Administration amends Area Navigation Route Q-15 by modifying a segment of the airway to provide adequate separation from restricted area R-2508 Complex, Calif.

Amendment of Class E airspace, Batesville, Arkansas: Final rule, published May 27,

2010, effective 0901 UTC, July 29, 2010

[TEXT]

The Federal Aviation Administration amends Class E airspace for Batesville, Ark.

Decommissioning of the Independence County non-directional beacon at Batesville

Regional Airport has made this action necessary.

Amendment of Class E airspace, Beatrice, Nebraska: Final rule, published May 27,

2010, effective 0901 UTC, July 29, 2010

[TEXT]

The Federal Aviation Administration amends Class E airspace for Beatrice, Neb.

Decommissioning of the Shaw non-directional beacon at Beatrice Municipal Airport has made this action necessary.

Amendment of Class E airspace, Magnolia, Arkansas: Final rule, published May 27,

2010, effective 0901 UTC, July 29, 2010

[TEXT]

The Federal Aviation Administration amends Class E airspace for Magnolia, Ark.

Decommissioning of the Magnolia non-directional beacon at Magnolia Municipal

Airport has made this action necessary.

Amendment of Class E airspace, Manila, Arkansas: Final rule, published May 27,

2010, effective 0901 UTC, July 29, 2010

[TEXT]

The Federal Aviation Administration amends Class E airspace for Manila, Ark.

Decommissioning of the Manila non-directional beacon at Manila Municipal Airport has made this action necessary.

Amendment of Class E airspace, Mountain View, Arkansas: Final rule, published May

27, 2010, effective 0901 UTC, July 29, 2010

[TEXT]

The Federal Aviation Administration amends Class E airspace for Mountain View, Ark.

Decommissioning of the Wilcox non-directional beacon at Mountain View Wilcox

Memorial Field Airport has made this action necessary.

Establishment of Class E airspace, Marianna, Arkansas: Final rule, published May 27,

2010, effective 0901 UTC, July 29, 2010

[TEXT]

The Federal Aviation Administration establishes Class E airspace for Marianna, Ark. to accommodate Area Navigation Standard Instrument Approach Procedures at

Marianna/Lee County Airport--Steve Edwards Field.

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