COURTHOUSE NEWS SERVICE
Federal Regulation Brief
July 11, 2011
COMMERCE:
COMMUNICATION (FCC)
NEWLY PUBLISHED REGULATIONS
Commercial availability of navigation devices, compatibility between cable systems and consumer electronics equipment: Final rule, published July 8, 2011, effective Aug. 8, 2011, except for Sections 76.1205(b)(1), 76.1205(b)(1)(i), 76.1205(b)(2), 76.1205(b)(5), and 76.1602(b), which contain information collection requirements not yet approved by the Office of Management and Budget.
[TEXT]
The Federal Communications Commission adopts new rules designed to improve the operation of the CableCARD regime until a successor solution becomes effective. The agency has not been fully successful in implementing the command of Section 629 of the Communications Act to ensure the commercial availability of navigation devices used by consumers to access the services of multichannel video programming distributors. This rule is to bolster support for retail CableCARD devices so that consumers may access cable services without leasing a set-top box from their cable operators.
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ENVIRONMENT, ENERGY & RESOURCES:
ENERGY (DOE)
PROPOSED REGULATIONS
Energy Conservation Program for consumer products and certain commercial and industrial equipment, determination of set-top boxes and network equipment as a covered consumer product: Notice of extension of public comment period, published July 8, 2011, comments, data, and information by 5 p.m. Sept. 30, 2011
[TEXT]
The Department of Energy announces that the period for submitting comments on the proposed determination for set-top boxes and network equipment is extended to Sept. 30, 2011.
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ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Approvals and disapprovals and promulgations of air quality implementation plans, Montana, revisions to Administrative Rules of Montana – Air Quality: Final rule, published July 8, 2011, effective Aug. 8, 2011
[TEXT]
The Environmental Protection Agency partially approves and partially disapproves State Implementation Plan revisions submitted by Montana Aug. 26, 1999, May 28, 2003, March 9, 2004, Oct. 25, 2005, and Oct. 16, 2006. The revisions contain new, amended, and repealed rules in Subchapter 7 regarding the issuance of Montana air quality permits, in addition to other minor administrative changes to other subchapters of the Administrative Rules of Montana.
Approvals and promulgations of air quality implementation plans, Indiana, modifications to Indiana Prevention of Significant Deterioration and Non-attainment New Source Review Rules: Direct final rule, published July 8, 2011, effective Sept. 6, 2011, unless adverse comments are received by Aug. 8, 2011
[TEXT]
The Environmental Protection Agency approves Indiana's modifications to its Prevention of Significant Deterioration and Nonattainment New Source Review rules.
Approvals and promulgations of air quality implementation plans, Ohio, control of gasoline volatility: Final rule, correction, published July 8, 2011, effective July 8, 2011
[TEXT]
The Environmental Protection Agency corrects an erroneous inclusion of Clinton County, Ohio in the codification in a May 25, 2007, final rule under the Clean Air Act regarding a request for the use of low Reid Vapor Pressure fuel in the Cincinnati and Dayton areas.
Approvals and promulgations of implementation plans, Connecticut, Maine, New Hampshire and Rhode Island, infrastructure SIPs for 1997 8-hour ozone National Ambient Air Quality Standards: Final rule, published July 8, 2011, effective Aug. 8, 2011 with one exception, conditional approval of one element of Connecticut's SIP is a direct final rule effective Sept. 6, 2011, unless adverse comments are received by Aug. 8, 2011
[TEXT]
The Environmental Protection Agency approves submittals from Connecticut, Maine, New Hampshire and Rhode Island outlining how each state's State Implementation Plan (SIP) meets the requirements of the Clean Air Act for the 1997 8-hour ozone national ambient air quality standards (NAAQS). Section 110(a) of the Act requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS issued by the EPA, commonly referred to as an infrastructure SIP. Specifically, the EPA takes final action to fully approve the submittals from Connecticut, Maine, New Hampshire and Rhode Island, with one exception. The EPA takes direct final action to conditionally approve one element of Connecticut's submittal.
Approvals and promulgations of implementation plans, Nebraska: Final rule, published July 8, 2011, effective Aug.8, 2011
[TEXT]
The Environmental Protection Agency approves Nebraska’s State Implementation Plan submittal addressing the requirements of Clean Air Act Sections 110(a)(1) and (2) to implement, maintain, and enforce the 1997 revisions to the National Ambient Air Quality Standards for ozone.
Determinations of attainment, approvals and promulgations of air quality implementation plans, Indiana: Final rule, correction, published July 8, 2011, effective July 8, 2011
[TEXT]
The Environmental Protection Agency corrects an omission in a final rule making a determination that the entire Chicago-Gary-Lake County, Illinois-Indiana 1997 eight-hour ozone nonattainment area has attained the 1997 eight-hour ozone National Ambient Air Quality Standard (NAAQS).
PROPOSED REGULATIONS
Approvals and promulgations of air quality implementation plans, Indiana, modifications to Indiana Prevention of Significant Deterioration and Non-attainment New Source Review rules: Proposed rule, published July 8, 2011, comments by Aug. 8, 2011
[TEXT]
The Environmental Protection Agency proposes to approve Indiana's modifications to its Prevention of Significant Deterioration and Nonattainment New Source Review rules.
State Implementation Plans, Revisions, California; South Coast Air Quality Management District: Proposed rule, published July 8, 2011, comments by Aug. 8, 2011
[TEXT]
The Environmental Protection Agency proposes a limited approval and limited disapproval of revisions to the South Coast Air Quality Management District part of the California State Implementation Plan. These revisions concern oxides of nitrogen emissions from boiler, steam generators and process heaters larger than 2 MMBtu/hour that are not subject to RECLAIM. The EPA proposes action on local rules that regulate these emission sources and requests comments on this proposal and plan to follow with a final action.
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NUCLEAR REGULATORY COMMISSION (NRC)
PROPOSED REGULATIONS
Draft NRC Regulatory Issue Summary, Regulation of Military Operational Radium–226: Notice of availability of draft Regulatory Issue Summary for public comment, published July 8, 2011, comments by Sept. 6, 2011
[TEXT]
The U.S. Nuclear Regulatory Commission proposes to issue a Regulatory Issue Summary (RIS) that clarifies those discrete sources of radium-226 under military control subject to NRC regulation under the Energy Policy Act, as interpreted in the policy statement issued by the NRC in the final rule, “Requirements for Expanded Definition of Byproduct Material” (NARM Rule). The clarification defines with greater specificity the term “military operations” as it is used to delineate that naturally-occurring and accelerator-produced radioactive material (NARM) subject to NRC jurisdiction.
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HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
NEWLY PUBLISHED REGULATIONS
Administrative simplification, adoption of operating rules for eligibility for health plan and health care claim status transactions: Interim final rule with comment period, published July 8, 2011 effective June 30, 2011, compliance by Jan. 1, 2013, comments by 5 p.m. Sept. 6, 2011
[TEXT]
Section 1104 of the Administrative Simplification provisions of the Patient Protection and Affordable Care Act (Affordable Care Act) establishes new requirements for administrative transactions to improve the utility of the existing Health Insurance Portability and Accountability Act (HIPAA) transactions and reduce administrative costs. Specifically, in Section 1104(b)(2) of the Affordable Care Act, Congress required the adoption of operating rules for the health care industry and directed the Secretary of Health and Human Services to “adopt a single set of operating rules for each transaction * * * with the goal of creating as much uniformity in the implementation of the electronic standards as possible.”
This interim final rule adopts operating rules for two HIPAA transactions: eligibility for a health plan and health care claim status. This rule also defines the term “operating rules” and explains the role of operating rules in relation to the adopted transaction standards.
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FOOD AND DRUG ADMINISTRATION (FDA)
Oral dosage form new animal drugs, change of sponsor: Final rule, published July 8, 2011, effective July 8, 2011
[TEXT]
The Food and Drug Administration amends the animal drug regulations to reflect a change of sponsor for a new animal drug application from Virbac AH, Inc., to Cross Vetpharm Group Ltd.
PROPOSED REGULATIONS
CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)
Medicare Program, changes to the End-Stage Renal Disease prospective payment system for calendar year 2012, End-Stage Renal Disease quality incentive program for payment year 2013 and payment year 2014, ambulance fee schedule, and durable medical equipment: Proposed rule, published July 8, 2011, comments by 5 p.m. Aug. 30, 2011
[TEXT] [PDF]
The Centers for Medicare & Medicaid Services propose a rule to update and make certain revisions to the End-Stage Renal Disease (ESRD) prospective payment system for calendar year 2012. This proposed rule would also described proposed requirements for the ESRD quality incentive program for payment years 2013 and 2014. In addition, this proposed rule would revise the ambulance fee schedule regulations to conform with statutory changes. Finally, this proposed rule would revise the definition of durable medical equipment by adding a 3-year minimum lifetime criterion that must be met by an item or device to be considered durable for the purpose of classifying the item under the Medicare benefit category for durable medical equipment.
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LAW AND CRIME:
DEPARTMENT OF JUSTICE (DOJ)
NEWLY PUBLISHED REGULATIONS
PRISONS BUREAU (BOP)
Psychiatric evaluation and treatment: Final rule, published July 8, 2011, effective Aug. 12, 2011
[TEXT]
The Bureau of Prisons finalizes regulations on providing psychiatric treatment and medication to inmates. These revised regulations are clarified and updated to reflect current case law.
PROPOSED REGULATIONS
DRUG ENFORCEMENT ADMINISTRATION (DEA)
Denial of petition to reschedule marijuana: Denial of petition to initiate proceedings to reschedule marijuana, published July 8, 2011
[TEXT] [PDF]
The Drug Enforcement Administration denies a petition to initiate rulemaking proceedings to reschedule marijuana.
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MONEY:
SECURITIES AND EXCHANGE COMMISSION (SEC)
NEWLY PUBLISHED REGULATIONS
Extension of temporary exemptions for eligible credit default swaps: Final temporary rules, extension, published July 8, 2011, effective July 8, 2011, expiration dates in the temporary rules and amendments published Jan. 22, 2009 are further extended to April 16, 2012 unless permanent exemptions for security-based swaps are issued by certain clearing agencies before April 16, 2012
[TEXT]
The Securities and Exchange Commission extends the expiration dates in its temporary rules that provide exemptions under the Securities Act, the Securities Exchange Act, and the Trust Indenture Act for certain credit default swaps to continue facilitating the operation of one or more central counterparties for those credit default swaps as the SEC considers rules implementing the clearing provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
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NATIONAL SECURITY:
DEFENSE (DoD)
NEWLY PUBLISHED REGULATIONS
NAVY DEPARTMENT (NAVY)
Certifications and Exemptions under the International Regulations for Preventing Collisions at Sea, 1972: Final rule, published July 8, 2011, effective July 8, 2011, applicable June 29, 2011
[TEXT]
The USS PITTSBURGH (SSN 720) is a vessel of the Navy that cannot fully comply with the normal centerline position of the masthead light due to its special function as a naval ship. This rule is to warn mariners in waters where International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) apply.
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HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Drawbridge operation regulations, Harlem River, New York City, New York: Temporary interim rule with request for comments, published July 8, 2011, effective July 8 to Sept. 30, 2011, effective with actual notice for enforcement July 9 to Sept. 30, 2011, comments by Aug. 8, 2011
[TEXT]
The U.S. Coast Guard temporarily changes the drawbridge operating regulations for the operation of the 103rd Street (Wards Island) Pedestrian Bridge at mile 0.0, across the Harlem River at New York City, N.Y., to facilitate the completion of a major bridge rehabilitation project, while requesting comments from the public.
Drawbridge operation regulations, Illinois Waterway, near Morris, Illinois: Notice of temporary deviation from regulations, published July 8, 2011, effective 7 a.m. July 9 to 7 p.m. July 12, 2011
[TEXT]
The U.S. Coast Guard issues a temporary change in the regulation for the operation of the Elgin, Joliet and Eastern Railroad Drawbridge across the Illinois Waterway, mile 270.6, near Morris, Ill., to allow removal of the existing lift span and installation of the replacement lift span. This deviation allows the bridge to be maintained in the closed-to-navigation position for eighty-four hours.
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TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Rolls–Royce plc RB211–524 series turbofan engines: Final rule, request for comments, published July 8, 2011, effective Aug. 12, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration adopts a new AD for Rolls–Royce plc RB211–524 series turbofan engines. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
An investigation into the loss of a TRU during landing has revealed that this incident was preceded by the detachment of the TRUs fixed structure front ring rivet lines on the rear flange. It was concluded that the loss of rivet lines was directly associated with a previous translating cowl gearbox stubshaft fracture and the subsequent repair of the fixed structure to Engine Manual repair No. FRS5887. This repair instructs the replacement of the damaged section of the structure but does not require the rivets adjacent to the repair to be replaced although latest analysis has shown that the rivets may have weakened as a result of a translating cowl gearbox stubshaft failure.
This AD requires actions intended to prevent failure of the attachment rivets resulting in loss of engine structural integrity, which may result in release of the thrust reverser unit from the engine.
Airworthiness directives, Turbomeca S.A. ARRIEL 2B and 2B1 turboshaft engines: Final rule, published July 8, 2011, effective Aug. 12, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration adopts a new AD for Turbomeca S.A. ARRIEL 2B and 2B1 turboshaft engines. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Several cases of Gas Generator (GG) Turbine Blade rupture occurred in service on ARRIEL 2 twin engine applications and recently one on a single engine helicopter. For the case occurring in flight on a single engine helicopter (ARRIEL 2B1 engine), the pilot performed an emergency autorotation, landing the helicopter without further incident.