COURTHOUSE NEWS SERVICE
Federal Regulation Brief
July 5, 2012
COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Atlantic highly migratory species, commercial Gulf of Mexico non-sandbar large coastal shark fishery: Temporary rule, closure, published July 5, 2012, effective 11:30 p.m. local time July 6 through Dec. 31, 2012, unless additional quota becomes available and the agency announces the season is reopened
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The National Marine Fisheries Service closes the commercial fishery for non-sandbar large coastal sharks in the Gulf of Mexico region because the commercial landings for the 2012 fishing season are projected to reach at least 80 percent of the available commercial quota by June 30, 2012.
Fisheries of the Caribbean, Gulf of Mexico and South Atlantic, reef fish fishery of the Gulf of Mexico, extension of the 2012 Gulf of Mexico recreational red snapper season: Temporary rule, extension, published July 5, 2012, effective 12:01 a.m. local time July 11 to 12:01 a.m. local time July 17, 2012, season reopens June 1, 2013
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The National Marine Fisheries Service extends for 6 days the recreational fishing season for the red snapper component of the reef fish fishery in the exclusive economic zone of the Gulf of Mexico. Fishing opportunities had been restricted when the NMFS previously determined that the quota would be reached by July 11, 2012. However, it is now not expected to be reached by then, due to severe weather conditions in the Gulf in June.
Fisheries of the exclusive economic zone off Alaska, “other rockfish” in the Western Regulatory Area of the Gulf of Alaska: Temporary rule, closure, published July 5, 2012, effective 1200 hrs. Alaska local time July 2 to 2400 hrs. A.l.t. Dec. 31, 2012
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The National Marine Fisheries Service prohibits retention of “other rockfish” in the Western Regulatory Area of the Gulf of Alaska because the 2012 total allowable catch of those fish in that area has been reached.
Fisheries of the exclusive economic zone off Alaska, Pacific ocean perch in the Western Regulatory Area of the Gulf of Alaska: Temporary rule, closure, published July 5, 2012, effective 1200 hrs. Alaska local time July 2 to 2400 hrs. A.l.t. Dec. 31, 2012
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The National Marine Fisheries Service prohibits directed fishing for Pacific ocean perch in the Western Regulatory Area of the Gulf of Alaska to prevent exceeding the 2012 total allowable catch of those fish in that area.
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ENVIRONMENT, ENERGY & RESOURCES:
ENERGY (DOE)
PROPOSED REGULATIONS
FEDERAL ENERGY REGULATORY COMMISSION (FERC)
Revisions to electric reliability organization definition of bulk electric system and rules of procedure: Notice of proposed rulemaking, published July 5, 2012, comments by Sept. 4, 2012
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The Federal Energy Regulatory Commission proposes to approve a modification to the currently-effective definition of “bulk electric system” developed by the North American Electric Reliability Corporation (NERC), the FERC-certified Electric Reliability Organization. The FERC also proposes to approve: (1) the NERC's contemporaneously filed revisions to its Rules of Procedure, which creates an exception procedure to add elements to, or remove elements from, the definition of “bulk electric system” on a case-by-case basis; (2) the NERC's proposed form entitled “Detailed Information To Support an Exception Request” that entities will use to support requests for exception from the “bulk electric system” definition; and (3) the NERC's proposed implementation plan for the revised “bulk electric system” definition.
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ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Synchronizing the expiration dates of the pesticide applicator certificate with the underlying state or tribal certificate: Final rule, published July 5, 2012, effective Sept. 4, 2012
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The Environmental Protection Agency reduces burden to restricted use pesticide applicators and simplifies federal certification expiration dates.
PROPOSED REGULATIONS
Approval and promulgation of air quality implementation plans, Washington, determination of clean data for the 2006 24-hour fine particulate standard for the Tacoma, Pierce County nonattainment area: Proposed rule, published July 5, 2012, written comments by Aug. 6, 2012
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The Environmental Protection Agency proposes to determine that the Tacoma, Pierce County nonattainment area for the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) has clean data for the 2006 24-hour PM2.5 NAAQS.
Proposed approval of air quality implementation plan, Michigan, determination of attainment of the 1997 annual and 2006 24-hour fine particle standards for the Detroit-Ann Arbor nonattainment area: Proposed rule, published July 5, 2012, comments by Aug. 6, 2012
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The Environmental Protection Agency proposes to make three determinations under the Clean Air Act regarding the fine particle (PM2.5) nonattainment area of Detroit-Ann Arbor, Michigan (Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties) (Detroit-Ann Arbor area). The EPA proposes to determine that the Detroit-Ann Arbor area has attained both the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) and the 2006 24-hour PM2.5 NAAQS. The EPA also proposes to determine, based on complete, quality-assured and certified monitoring data for the 2007-2010 monitoring period, that the Detroit-Ann Arbor area had attained the 1997 annual PM2.5 NAAQS by the applicable attainment date of April 5, 2010.
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DEPARTMENT OF THE INTERIOR (DOI)
PROPOSED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
Endangered and threatened wildlife and plants, 90-day finding on a petition to list Maytenus cymosa: Notice of 90-day petition finding, published July 5, 2012, finding made July 5, 2012
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After a 90-day review, the U.S. Fish and Wildlife Service announces that the petition to list the Maytenus cymosa (Caribbean mayten), a tree, as endangered or threatened under the Endangered Species Act does not provide substantial information indicating that listing M. cymosa may be warranted.
Endangered and threatened wildlife and plants, 90-day finding on a petition to list a distinct population segment of the American black bear in Nevada as endangered or threatened: Notice of 90-day petition finding, published July 5, 2012, finding made July 5, 2012
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After a 90-day review, the U.S. Fish and Wildlife Service announces that the petition to list a distinct population segment (DPS) of the American black bear (Ursus americanus) in Nevada as endangered or threatened under the Endangered Species Act does not provide substantial information indicating that listing the DPS of the American black bear in Nevada may be warranted.
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MONEY:
COMMODITY FUTURES TRADING COMMISSION (CFTC)
NEWLY PUBLISHED REGULATIONS
Definitions, corrections, further definition of “swap dealer,” “security-based swap dealer,” “major swap participant,” “major security-based swap participant” and “eligible contract participant”: Joint final rule, joint interim final rule, interpretations, correction, published July 5, 2012, effective July 23, 2012
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The Commodity Futures Trading Commission and Securities and Exchange Commission correct final rules published in the May 23, 2012 Federal Register, which further defined the terms “swap dealer,” “security-based swap dealer,” “major swap participant,” “major security-based swap participant” and “eligible contract participant.” Only the rules of the Commodity Futures Trading Commission are subject to this correction.
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SECURITIES AND EXCHANGE COMMISSION (SEC)
NEWLY PUBLISHED REGULATIONS
Definitions, corrections, further definition of “swap dealer,” “security-based swap dealer,” “major swap participant,” “major security-based swap participant” and “eligible contract participant”: Joint final rule, joint interim final rule, interpretations, correction, published July 5, 2012, effective July 23, 2012
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The Commodity Futures Trading Commission and Securities and Exchange Commission correct final rules published in the May 23, 2012 Federal Register, which further defined the terms “swap dealer,” “security-based swap dealer,” “major swap participant,” “major security-based swap participant” and “eligible contract participant.” Only the rules of the Commodity Futures Trading Commission are subject to this correction.
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TREASURY (USDT)
PROPOSED REGULATIONS
INTERNAL REVENUE SERVICE (IRS)
Basis of indebtedness of S corporations to their shareholders: Correction to a notice of proposed rulemaking and notice of public hearing, published July 5, 2012
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The Internal Revenue Service corrects a notice of proposed rulemaking and notice of public hearing published in the June 12, 2012 Federal Register regarding basis of indebtedness of S corporations to their shareholders.
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NATIONAL SECURITY:
DEFENSE (DoD)
NEWLY PUBLISHED REGULATIONS
Homeowners Assistance Program, application processing: Direct final rule, published July 5, 2012, effective Sept. 4, 2012 unless significant adverse comments are received by midnight Eastern Standard Time Aug. 6, 2012
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The Under Secretary of Defense for Acquisition, Technology and Logistics, and Office of the Deputy Under Secretary of Defense (Installations and Environment), make non-substantive changes to the Expanded Homeowners Assistance Program rule to inform applicants of application deadlines and the current field office address for submitting applications.
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NAVY DEPARTMENT (NAVY)
Certifications and Exemptions under the International Regulations for Preventing Collisions at Sea: Final rule, published July 5, 2012, effective July 5, 2012, applicable June 25, 2012
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The USS HARRY S. TRUMAN (CVN 75) is a vessel of the Navy that cannot fully comply with the normal placement of the masthead lights, the side lights and the tasks lights due to its purpose and configuration. This rule is to warn mariners in waters where International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) apply.
PROPOSED REGULATIONS
Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)/TRICARE, TRICARE Retail Pharmacy Program: Proposed rule withdrawal, published July 5, 2012, withdrawal effective June 26, 2012
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The Department of Defense withdraws a June 26, 2012 proposed rule for the CHAMPUS/TRICARE, TRICARE Retail Pharmacy Program. The DoD defers consideration of possible regulatory changes to the TRICARE Pharmacy Benefits Program for the present time.
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HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Safety zone, Barbara Harder wedding fireworks, Lake Erie, Lake View, New York: Temporary final rule, published July 5, 2012, effective 9 p.m. to 11 p.m. July 7,
2012
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The U.S. Coast Guard establishes a temporary safety zone on Lake Erie, Lake View, N.Y., during the Barbara Harder wedding fireworks.
Special local regulations, Seattle Seafair Unlimited Hydroplane Race: Notice of enforcement of regulation, published July 5, 2012, effective 8 a.m. Aug. 2 to 11:59 p.m. Aug. 5, 2012
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The U.S. Coast Guard enforces the Seattle Seafair Unlimited Hydroplane Race special local regulation on Lake Washington, Wash., during hydroplane race times.
Special local regulation and safety zones, marine events in the Captain of the Port Sector Long Island Sound zone: Final rule, published July 5, 2012, effective Aug. 6 to Nov. 11, 2012, specific enforcement dates and times complex
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The U.S. Coast Guard establishes temporary special local regulations and safety zones for marine events on the navigable waters within the Captain of the Port Sector Long Island Sound zone for regattas, fireworks displays and swim events.
Special local regulations for marine events, Potomac River, National Harbor Access Channel, Maryland: Temporary final rule, published July 5, 2012, effective July 8, 2012
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The U.S. Coast Guard establishes special local regulations during the swim segment of the “Swim Across the Potomac River” swimming competition.
PROPOSED REGULATIONS
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
Suspension of community eligibility: Final rule, published July 5, 2012, effective dates complex
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The Federal Emergency Management Agency identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program, scheduled for suspension due to noncompliance with the floodplain management requirements of the program. If the FEMA receives documentation that a community has adopted the required floodplain management measures prior to the effective suspension date, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
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TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Pratt & Whitney Canada turboprop engines: Final rule, request for comments, published July 5, 2012, effective July 20, 2012, comments by Aug. 20, 2012
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PURPOSE: This airworthiness directive (AD) was prompted by reports of two Pratt & Whitney Canada (P&WC) PW100 propeller shafts found cracked at time of inspection during maintenance. This AD requires actions intended to detect propeller shaft cracks, which could cause failure of the shaft, propeller release, and loss of control of the airplane.
SUMMARY: The Federal Aviation Administration adopts a new AD for all P&WC PW118, PW118A, PW118B, PW119B, PW119C, PW120, PW120A, PW121, PW121A, PW123, PW123B, PW123C, PW123D, PW123E, PW123AF, PW124B, PW125B, PW126A, PW127, PW127E, PW127F, PW127G, and PW127M turboprop engines. This AD requires initial and repetitive inspections of certain serial numbers of propeller shafts for cracks and removal from service if found cracked.
Airworthiness standards, aircraft engines, technical amendment: Final rule; technical amendment, published July 5, 2012, effective July 5, 2012
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The Federal Aviation Administration clarifies aircraft engine vibration test requirements in the airworthiness standards to clarify that “engine surveys” require an engine test. The clarification is in response to inquiries from applicants requesting FAA engine type certifications and aftermarket certifications, such as supplemental type certificates, parts manufacturing approvals, and repairs.
PROPOSED REGULATIONS
Nondiscrimination on the basis of disability in air travel, draft technical assistance manual: Request for comments, published July 5, 2012, comments by Oct. 3, 2012
PDF | Text
The Department of Transportation updates its technical assistance manual for airlines and passengers with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and its implementing regulation.
FEDERAL AVIATION ADMINISTRATION (FAA)
Proposed legal interpretation: Proposed interpretation, correction, published July 5, 2012
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The Federal Aviation Administration corrects the docket number of a proposed legal interpretation in which the agency considered clarifying prior legal interpretations regarding pilot in command discretion under 14 CFR 121.547(a)(3) and (a)(4).
Proposed establishment of Class E airspace, Circle Town, Montana: Notice of proposed rulemaking, published July 5, 2012, comments by Aug. 20, 2012
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The Federal Aviation Administration proposes to establish Class E airspace at Circle
Town County Airport, Circle Town, Mont., to accommodate aircraft using new Area Navigation Global Positioning System standard instrument approach procedures at the airport.
Proposed establishment of Class E Airspace, La Belle, Florida: Notice of proposed rulemaking, published July 5, 2012, comments by Aug. 20, 2012
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The Federal Aviation Administration proposes to establish Class E Airspace at La Belle, Fla., to accommodate the Area Navigation Global Positioning System Standard Instrument Approach Procedures at La Belle Municipal Airport.