Friday, May 28, 2010

Environmental Federal Register, Vol. 75, No. 103, May 28, 2010

Federal Register
Vol. 75, No. 103
Friday, May 28, 2010
 
There are 9 announcements in this issue
 
    1. TOXICS - FR. EPA. Boscalid; Pesticide Tolerances
 
    2. TOXICS - FR. EPA. Prothioconazole; Pesticide Tolerances
 
    3. AIR - ND. EPA. Office of Research and Development; Ambient Air Monitoring Reference and Equivalent Methods: Designation of One New Equivalent Method
 
    4. ENERGY/Efficiency - ND. DOE/Office of Energy Efficiency and Renewable Energy. Office of Energy Efficiency and Renewable Energy; Energy Efficiency and Conservation Block Grant Program
 
    5. ENERGY/Efficiency - PR. EPA. Energy Efficiency and Sustainable Design Standards for New Federal Buildings
 
    6. ENERGY - ND. CEQ. Review of MMS NEPA Policies, Practices, and Procedures for OCS Oil and Gas Exploration and Development
 
    7. MI/ENERGY/NatGas - ND. DOE/FERC. Consumers Energy Company; Notice of Baseline Filing
 
    8. TRANSPORT - NF. DOT/FTA. FY 2010 Discretionary Livability Funding Opportunity: Alternatives Analysis Program
 
    9. WILDLIFE - FR. DOI/Fish and Wildlife Service. Migratory Bird Permits; Changes in the Regulations Governing Migratory Bird Rehabilitation
  
CODES USED:  THE FOLLOWING CODES ARE USED TO IDENTIFY THE TYPE OF ANNOUNCEMENT & ISSUE AREA.  

REPORTING FORMAT: ISSUE CODE - TYPE CODE. AGENCY. ANNOUNCEMENT.
ISSUE CODES:  AIR - Air; ALL - Cross-Media, ecosystems, Env. Justice; CLIMATE - Climate Change, Global Warming; DRINK - Drinking Water, SDWA, Underground Injection; ENERGY - Energy; GLAKES  - Great Lakes; HAZ - Hazardous Waste, RCRA, HSWA, DOT/RSPA, Some Nuclear (NRC); LAND - Land Use, Forests; P2 - Pollution Prevention, Sustainability, Recycling, Pjt. XL; REMED - Remediation, Brownfields, Superfund; TANKS - AST, UST; TOXICS = Toxics, TRI, TSCA, Pesticides, Risks, RTK; TRANSPORT -  Transportation; SOLID - Solid Waste, RCRA Subtitle D; WATER - Surface Water, NPS, NPDES, Wetlands; WILDLIFE = Wildlife, Biodiversity, Endangered Species.
TYPE CODES: ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Fuding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision.
 

ANNOUNCEMENT 1


Subject: TOXICS - FR. EPA. Boscalid; Pesticide Tolerances
 
[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Rules and Regulations]              
[Page 29901-29908]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0268; FRL-8826-4]

Boscalid; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
boscalid in or on multiple commodities which are identified and
discussed later in this document. This regulation additionally revises
established tolerances in or on fruit, stone, group 12; hog, fat;
poultry, fat; and poultry, meat byproducts. Finally, this regulation
deletes the time-limited tolerance on tangerine as it expired on
December 31, 2008. BASF Corporation requested these tolerances under
the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective May 28, 2010. Objections and
requests for hearings must be received on or before July 27, 2010, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0268. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov
. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Shaja Joyner, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-3194; e-mail address: joyner.shaja@epa.gov.
 
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ANNOUNCEMENT 2


Subject: TOXICS - FR. EPA. Prothioconazole; Pesticide Tolerances
 
[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Rules and Regulations]              
[Page 29908-29914]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0279; FRL-8828--6]

Prothioconazole; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for combined residues
of prothioconazole and prothioconazole-desthio, calculated as parent in
or on grain, cereal, group 15 (except sweet corn, sorghum, and rice),
and grain, cereal, forage, fodder and straw, group 16 (except sweet
corn, sorghum, and rice) and sweet corn. Bayer CropScience requested
these tolerances under the Federal Food, Drug, and Cosmetic Act
(FFDCA).

DATES: This regulation is effective May 28, 2010. Objections and
requests for hearings must be received on or before July 27, 2010, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0279. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov
. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Tawanda Maignan, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-8050; e-mail address: maignan.tawanda@epa.gov.
 
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ANNOUNCEMENT 3


Subject: AIR - ND. EPA. Office of Research and Development; Ambient Air Monitoring Reference and Equivalent Methods: Designation of One New Equivalent
Method
 
[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Notices]              
[Page 30022]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9156-1]

Office of Research and Development; Ambient Air Monitoring
Reference and Equivalent Methods: Designation of One New Equivalent
Method

AGENCY: Environmental Protection Agency.

ACTION: Notice of the designation of one new equivalent method for
monitoring ambient air quality.

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SUMMARY: Notice is hereby given that the Environmental Protection
Agency (EPA) has designated, in accordance with 40 CFR Part 53, one new
equivalent method for measuring concentrations of lead (Pb) in total
suspended particulate matter (TSP) in the ambient air.

FOR FURTHER INFORMATION CONTACT: Surender Kaushik, Human Exposure and
Atmospheric Sciences Division (MD-D205-03), National Exposure Research
Laboratory, U.S. EPA, Research Triangle Park, North Carolina 27711.
Phone: (919) 541-5691, e-mail: Kaushik.Surender@epa.gov.
 
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ANNOUNCEMENT 4


Subject: ENERGY/Efficiency - ND. DOE/Office of Energy Efficiency and Renewable Energy. Office of Energy Efficiency and Renewable Energy; Energy Efficiency and Conservation Block Grant Program
 
[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Notices]              
[Page 30014-30017]

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy; Energy
Efficiency and Conservation Block Grant Program

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.

ACTION: Notice.

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SUMMARY: This document advises the public that a class deviation to the
Department of Energy (DOE) Financial Assistance Rules, particularly the
regulations that deal with programmatic changes, and DOE policies and
procedures on the use of warranted Contracting Officers to administer
financial assistance agreements, has been approved for the Energy
Efficiency and Conservation Block Grant (EECBG) program. This class
deviation gives authority to EECBG Program Managers to approve the
following processes for financial assistance agreements made using
Recovery Act funding to State, city, county, and Tribal recipients in
support of the formula EECBG program: Administer financial assistance
awards for approval of programmatic changes under the Changes section
of the Financial Assistance Rules; review of subsequent budget
submittals for consistency with the requirements of Office of
Management and Budget's (OMB) Cost Principles for State, Local and
Indian Tribal Governments (questions on allowability, allocability and
reasonableness of budgets and individual cost elements will be
forwarded to the Contracting Officer for adjudication), remove and/or
modify National Environmental Policy Act (NEPA) restrictions, including
guidance on NEPA requirements; and amend agreements for administrative
activities such as lifting conditions based on approval of Strategies.
The class deviation does not apply to non-formula awards.

DATES: This class deviation is effective June 14, 2010.

FOR FURTHER INFORMATION CONTACT: Mr. Tyler Huebner, U.S. Department of
Energy, Office of Weatherization and Intergovernmental Programs,
Mailstop EE-2K, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. E-mail: tyler.huebner@ee.doe.gov.

 
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ANNOUNCEMENT 5


Subject: ENERGY/Efficiency - PR. EPA. Energy Efficiency and Sustainable Design Standards for New Federal Buildings
 
[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Proposed Rules]              
[Page 29933-29947]

DEPARTMENT OF ENERGY

10 CFR Parts 433 and 435

[Docket No. EE-RM/STD-02-112]
RIN 1904-AC13

Energy Efficiency and Sustainable Design Standards for New
Federal Buildings

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) is publishing this notice
of proposed rulemaking (NOPR) to implement provisions of the Energy
Conservation and Production Act, as amended by the Energy Policy Act of
2005 and the Energy Independence and Security Act of 2007, that require
DOE to establish revised performance standards for the construction of
new Federal buildings and major renovations of Federal buildings. This
NOPR specifically addresses the use of sustainable design principles
for siting, design, and construction, and the use of water conservation
technologies to achieve energy efficiency. This proposed rulemaking
also provides criteria for identifying a certification system and level
for green buildings that encourages a comprehensive and
environmentally-sound approach to certification of green buildings.

DATES: Public comments on this proposed rule will be accepted until
July 27, 2010. The Department will hold a public meeting on Wednesday,
July 28, 2010, from 9 a.m. to 4 p.m., in Washington, DC. DOE must
receive requests to speak at the public meeting before 4 p.m.,
Wednesday, July 14, 2010. DOE must receive a signed original and an
electronic copy of statements to be given at the public meeting before
4 p.m., Wednesday, July 21, 2010.
    DOE will accept comments, data, and information regarding the NOPR
before and after the public meeting, but no later than July 27, 2010.

ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089. You may submit comments using
any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
    2. E-mail: Cyrus.Nasseri@ee.doe.gov. Include EE-RM/STD-02-112 and/
or RIN 1904-AC13 in the subject line of the message.
    3. Postal Mail: Cyrus Nasseri, U.S. Department of Energy, Federal
Energy Management Program, Mailstop EE-2L, Energy Efficiency and
Sustainable Design Standards for New Federal Commercial and Multi-
Family High-Rise Residential Buildings and Energy Efficiency and
Sustainable Design Standards for New Federal Low-Rise Residential
Buildings, EE-RM/STD-02-112 and/or RIN 1904-AC13, 1000 Independence
Avenue, SW., Washington, DC 20585-0121. Telephone: (202) 586-9138.
Please submit one signed paper original.
    4. Hand Delivery/Courier: Cyrus Nasseri, U.S. Department of Energy,
Federal Energy Management Program, Room 5E-080, 1000 Independence
Avenue, SW., Washington, DC 20585-0121.
    Instructions: All submissions must include the agency name and
docket number or Regulatory Information Number (RIN) for this
rulemaking.
    Docket: For access to the docket to read background documents or
comments received by DOE, go to the U.S. Department of Energy,
Forrestal Building, Room 5E-080 (Resource Room of the Federal Energy
Management Program), 1000 Independence Avenue, SW., Washington, DC,
(202) 586-9127, between 9 a.m. and 4 p.m., Monday through Friday,
except Federal holidays. Please call Cyrus Nasseri at the above
telephone number for additional information regarding visiting the
Resource Room.
    If you submit information that you believe to be exempt by law from
public disclosure, you should submit one complete copy, as well as one
copy from which the information claimed to be exempt by law from public
disclosure has been deleted. DOE is responsible for the final
determination with regard to disclosure or nondisclosure of the
information and for treating it accordingly under the DOE Freedom of
Information regulations at Title 10 of the Code of Federal Register (10
CFR) 1004.11.

FOR FURTHER INFORMATION CONTACT: Cyrus Nasseri, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Federal
Energy Management Program, EE-2L, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121, (202) 586-9138, e-mail:
Cyrus.Nasseri@ee.doe.gov, or Chris Calamita, U.S. Department of Energy,
Office of the General Counsel, Forrestal Building, GC-72, 1000
Independence Avenue, SW, Washington, DC 20585, (202) 586-1777, e-mail:
Christopher.Calamita@hq.doe.gov.
 
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ANNOUNCEMENT 6


Subject: ENERGY - ND. CEQ. Review of MMS NEPA Policies, Practices, and Procedures for OCS Oil and Gas Exploration and Development
 
[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Notices]              
[Page 29996-29997]

COUNCIL ON ENVIRONMENTAL QUALITY

Review of MMS NEPA Policies, Practices, and Procedures for OCS
Oil and Gas Exploration and Development

AGENCY: Council on Environmental Quality.

ACTION: Notice of Review and Request for Public Comment.

-----------------------------------------------------------------------

SUMMARY: On May 17, 2010, the Council on Environmental Quality (CEQ)
informed the Department of the Interior (DOI) that CEQ was conducting a
30 day review National Environmental Policy Act (NEPA) policies,
practices, and procedures for the Minerals Management Service (MMS)
decisions for Outer Continental Shelf (OCS) oil and gas exploration and
development.
    This review of MMS NEPA policies, practices and procedures is being
conducted as a result of the oil spill from the Deepwater Horizon well
and drilling rig in the Gulf of Mexico. The purpose of this review is
to ascertain how MMS applies NEPA in its management of Outer
Continental Shelf oil and gas exploration and development and make
recommendations for revisions. The scope of the review is intended to
be holistic, i.e. from leasing decisions to drilling and production.
    In line with CEQ's effort to engage the public in the NEPA process
and the President's Open Government Initiative, this notice is also a
solicitation for public comment on the review process undertaken by CEQ
as well as on current MMS NEPA policies, practices, and procedures
regarding Outer Continental Shelf oil and gas exploration and
development. Public participation in this review effort will benefit
this specific review process, the MMS NEPA implementation, CEQ's
overall effectiveness in overseeing NEPA, and the environmental and
social consequences of government activity.

DATES: Comments should be submitted as soon as possible on the CEQ
review, recognizing that the review is to be completed June 17, 2010.

ADDRESSES: All relevant information related to MMS NEPA procedures and
the review process is available at http://www.whitehouse.gov/ceq/
initiatives/nepa
. Comments on the procedures and review should be
submitted electronically at the above URL or to hgreczmiel@ceq.eop.gov
or in writing to Associate Director for NEPA Oversight, Council on
Environmental Quality, 722 Jackson Place NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Horst Greczmiel, Associate Director
for NEPA Oversight, Council on Environmental Quality, at (202) 395-
5750.
 
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ANNOUNCEMENT 7


Subject: MI/ENERGY/NatGas - ND. DOE/FERC. Consumers Energy Company; Notice of Baseline Filing
 
[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Notices]              
[Page 30014]

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR10-25-000]

Consumers Energy Company; Notice of Baseline Filing

May 21, 2010.
    Take notice that on May 17, 2010, Consumers Energy Company
(Consumers) submitted a baseline filing of its Statement of Operating
Conditions for the interruptible transportation services provided under
section 311(a)(2) of the Natural Gas Policy Act of 1978 (``NGPA'').
    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov
. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
FERCOnlineSupport@ferc.gov, or call (866) 208-3676 (toll free). For
TTY, call (202) 502-8659.

 
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ANNOUNCEMENT 8


Subject: TRANSPORT - NF. DOT/FTA. FY 2010 Discretionary Livability Funding Opportunity: Alternatives Analysis Program
 
[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Notices]              
[Page 30100-30103]

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

FY 2010 Discretionary Livability Funding Opportunity:
Alternatives Analysis Program

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of Availability of FTA Alternatives Analysis Funds:
Solicitation of Project Proposals.

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SUMMARY: The Federal Transit Administration (FTA) announces the
availability of up to $25.7 million in discretionary Fiscal Year (FY)
2009 and 2010 funds under the Alternatives Analysis Program (49 U.S.C.
5339) authorized by the Safe, Accountable, Flexible, Efficient,
Transportation Equity Act: A Legacy For Users (SAFETEA-LU), Public Law
109-59, August 10, 2005. Discretionary program funds will be
distributed in accordance with the mission of this program and in
support of the Department of Transportation's Livability Initiative.
    This announcement is available on the FTA Web site at: http://
www.fta.dot.gov
. FTA will announce final selections on the Web site and
in the Federal Register. A synopsis of this funding opportunity will be
posted in the FIND module of the government-wide electronic grants Web
site at http://www.grants.gov. All proposals must be submitted to FTA
electronically through the GRANTS.GOVAPPLY function. Applicants will
receive two confirmation e-mails. The first will confirm that the
application was received and a second will confirm within 24-48 hours
whether the application was validated or rejected by the system.
Additional information on submitting proposals through the GRANTS.GOV
Web site is provided later in this announcement.

DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV Web site by July 12, 2010.
    To apply for funding through GRANTS.GOV, applicants must be
properly registered. Complete instructions on how to register and
submit proposals can be found at www.GRANTS.GOV. If interested parties
experience difficulties at any point during the registration or
application process, please call the GRANTS.GOV Customer Support
Hotline at 1-800-518-4726, Monday-Friday from 7 a.m. to 9 p.m. EST.

FOR FURTHER INFORMATION CONTACT: For general program information,
contact Kenneth Cervenka, Alternatives Analysis Program, Office of
Planning and Environment, by phone at (202) 493-0512 or by e-mail at
Kenneth.Cervenka@dot.gov. A TDD is available at 1-800-877-8339 (TDD/
FIRS).

 
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ANNOUNCEMENT 9


Subject: WILDLIFE - FR. DOI/Fish and Wildlife Service. Migratory Bird Permits; Changes in the Regulations Governing Migratory Bird Rehabilitation
 
[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Rules and Regulations]              
[Page 29917-29919]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 21

[FWS-R9-MB-2010-0020; 91200-1231-9BPP]
RIN 1018-AX09

Migratory Bird Permits; Changes in the Regulations Governing
Migratory Bird Rehabilitation

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service, published a final rule
in the Federal Register on October 27, 2003, to create regulations
governing migratory bird rehabilitation in the United States. Before
creation of those regulations, rehabilitators were required to obtain a
special purpose permit to engage in rehabilitation activities. The
language in the final paragraph of the 2003 regulations dealt with the
transition of special purpose permit holders to operation under the new
rehabilitation permit regulations. This paragraph is no longer
relevant, so we remove it from the regulation.

DATES: This regulations change will be effective on May 28, 2010.

FOR FURTHER INFORMATION CONTACT: Dr. George T. Allen, Division of
Migratory Bird Management, U.S. Fish and Wildlife Service, 703-358-
1825.

 
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