COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Oct. 26, 2012
COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries off west coast states, modifications of the west coast commercial and recreational salmon fisheries, inseason actions 22 through 26: Modification of fishing seasons and landing and possession limits, request for comments, published Oct. 26, 2012, effective dates complex, comments by Nov. 13, 2012
Text
The National Marine Fisheries Service announces 5 inseason actions in the ocean salmon fisheries to modify the commercial and recreational fisheries from the U.S./Canada border to Humboldt South Jetty, Calif.
Fisheries of the exclusive economic zone off Alaska, pollock in Statistical Area 620 in the Gulf of Alaska: Temporary rule, modification of a closure, published Oct. 26, 2012, effective 1200 hrs. Alaska local time Oct. 24 to 1200 hrs. A.l.t. Nov. 1, 2012, comments by 4:30 p.m. A.l.t. Nov. 13, 2012
Text
The National Marine Fisheries Service opens directed fishing for pollock in Statistical Area 620 of the Gulf of Alaska to fully use the 2012 total allowable catch.
Magnuson-Stevens Fishery Conservation and Management Act provisions, fisheries of the northeastern United States, northeast multispecies fishery: Temporary rule, interim measures extension, request for comments, published Oct. 26, 2012, May 1, 2012 temporary rule expiration date extended to April 30, 2013, comments by Nov. 26, 2012
Text
The National Marine Fisheries Service extends interim Gulf of Maine Atlantic cod catch limits and fishery management measures through the end of the 2012 fishing year (April 30, 2013). The need for the interim measures to establish Gulf of Maine cod annual catch limits and implement recreational management measures to restrict catch to the recreational sub-annual catch limit is unchanged.
PROPOSED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the Caribbean, Gulf of Mexico and South Atlantic, snapper-grouper fishery off the southern Atlantic states, Amendment 18B: Notice of availability, published Oct. 26, 2012, written comments by 5 p.m. Eastern Time Dec. 26, 2012
Text
The South Atlantic Fishery Management Council has submitted Amendment 18B to the fishery management plan for the snapper-grouper fishery of the South Atlantic for review, approval and implementation by the National Marine Fisheries Service.
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FEDERAL COMMUNICATIONS COMMISSION (FCC)
NEWLY PUBLISHED REGULATIONS
Empowering consumers to prevent and detect billing for unauthorized charges (cramming), consumer information and disclosure, truth-in-billing format: Final rule, announcement of effective date, published Oct. 26, 2012, effective dates complex
Text
The Federal Communications Commission announces that the Office of Management and Budget has approved, for a period of three years, the information collection associated with the FCC’s action regarding the truth-in-billing format to empower consumers to prevent and detect billing for unauthorized charges (cramming).
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LIBRARY OF CONGRESS (LOC)
NEWLY PUBLISHED REGULATIONS
U.S. COPYRIGHT OFFICE (USCO)
Exemption to prohibition on circumvention of copyright protection systems for access control technologies: Final rule, published Oct. 26, 2012, effective Oct. 28, 2012
Text
The Librarian of Congress has determined that the prohibition against circumvention of technological measures that effectively control access to copyrighted works does not apply to parties who engage in non-infringing uses of certain classes of works.
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POSTAL SERVICE (USPS)
NEWLY PUBLISHED REGULATIONS
Domestic competitive products pricing and mailing standards changes: Final rule, published Oct. 26, 2012, effective Jan. 27, 2013
Text
The U.S. Postal Service revises Mailing Standards of the U.S. Postal Service, Domestic Mail Manual to reflect changes to prices and mailing standards for Express Mail, Priority Mail, First-Class Package Service, Parcel Select, Parcel Post, Extra Services, Return Services, Mailer Services and Recipient Services.
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ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Additional air quality designations for the 2006 24-hour fine particle national ambient air quality standards: Supplemental amendments, final rule, published Oct. 26, 2012, effective Nov. 26, 2012
Text
The Environmental Protection Agency takes final action to establish the initial 2006
24-hour fine particle national ambient air quality standards air quality designations for the Ak-Chin Indian Community in Pinal County, Ariz., and the Gila River Indian Community in Pinal County and Maricopa County, Ariz.
Approval and promulgation of implementation plans, California, revisions to the California State Implementation Plan pesticide element: Final rule, published Oct. 26, 2012, effective Nov. 26, 2012
Text
The Environmental Protection Agency approves several revisions to the Pesticide Element of the California state implementation plan (SIP). The EPA also approves the California Department of Pesticide Regulation's commitments to manage volatile organic compound (VOC) emissions from the use of agricultural and commercial structural pesticides in the San Joaquin Valley ozone nonattainment area to ensure that they do not exceed 18.1 tons per day and to implement restrictions on VOC emissions in the SJV from non-fumigant pesticides by 2014. Lastly, the EPA finalizes its response to remands by the Ninth Circuit Court of Appeals of the EPA's previous approvals of the California SIP Pesticide Element.
Approval of air quality implementation plans, California, San Joaquin Valley Unified Air Pollution Control District, Prevention of Significant Deterioration: Final rule, published Oct. 26, 2012, effective Nov. 26, 2012
Text
The Environmental Protection Agency takes final action under Section 110 of the Clean Air Act to approve a State Implementation Plan (SIP) revision for the San Joaquin Valley Unified Air Pollution Control District part of the California SIP.
Final authorization of State Hazardous Waste Management Program revisions,
Missouri: Direct final rule, published Oct. 26, 2012, effective Dec. 26, 2012 unless adverse written comments are received by Nov. 26, 2012
Text
The Environmental Protection Agency authorizes Missouri’s changes to its hazardous waste program under the Resource Conservation and Recovery Act.
PROPOSED REGULATIONS
Extension of the comment period for the proposed standards of performance for stationary gas turbines, standards of performance for stationary combustion turbines: Notice, announcement of extension of public comment period to Dec. 28, 2012, published Oct. 26, 2012
Text
The Environmental Protection Agency extends the public comment period 60 days for the Aug. 29, 2012, proposed rule titled, “Standards of Performance for Stationary Gas Turbines; Standards of Performance for Stationary Combustion Turbines.”
Approval and promulgation of air quality implementation plans, Indiana, Delaware County (Muncie), Indiana Ozone Maintenance Plan revision To Approved Motor Vehicle Emissions Budgets: Proposed rule, published Oct. 26, 2012, comments by Nov. 26, 2012
Text
The Environmental Protection Agency proposes to approve Indiana's request to revise the Delaware County, Indiana 1997 8-hour ozone maintenance air quality
State Implementation Plan (SIP) by replacing the previously approved motor vehicle emissions budgets (budgets) with budgets developed using the EPA's Motor Vehicle Emissions Simulator 2010a emissions model. Indiana submitted this request to the EPA for parallel processing with a letter dated June 15, 2012, and followed up with a final submittal after the state public comment period ended July 18, 2012.
Authorization of State Hazardous Waste Management Program revisions,
Missouri: Proposed rule, published Oct. 26, 2012, written comments by Nov. 26, 2012
Text
The Environmental Protection Agency proposes to grant final authorization to
Missouri for the changes to its hazardous waste program under the Resource Conservation and Recovery Act.
Determination of attainment for the Sacramento nonattainment area for the 2006 fine particle standard, California, determination regarding applicability of Clean Air Act requirements: Proposed rule, published Oct. 26, 2012, written comments by Nov. 26, 2012
Text
The Environmental Protection Agency proposes to determine that the Sacramento nonattainment area in California has attained the 2006 24-hour fine particle National Ambient Air Quality Standard (NAAQS). The EPA further proposes that, if it finalizes this determination of attainment, the requirements for this area to submit an attainment demonstration, together with reasonably available control measures reasonable further progress (RFP) plan, and contingency measures for failure to meet RFP and attainment deadlines shall be suspended for so long as the area continues to attain the 2006 24-hour PM2.5 NAAQS.
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DEPARTMENT OF THE INTERIOR (DOI)
NEWLY PUBLISHED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
Importation, exportation, and transportation of wildlife, User Fee Exemption Program for low-risk importations and exportations: Interim rule, published Oct. 26, 2012, effective Oct. 26, 2012, comments on this interim rule and the information collection requirements received or postmarked by Dec. 26, 2012
Text
The Fish and Wildlife Service changes the inspection fees required for imports and exports of wildlife by certain licensed businesses, and implements a program that exempts certain businesses from the designated port base inspection fees as an interim measure while it reassesses its current user fee system.
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GOVERNMENT:
PRESIDENTIAL DOCUMENTS
ADMINISTRATIVE ORDERS
Continuation of the National Emergency With Respect to the Situation in or in Relation to the Democratic Republic of the Congo: Published Oct. 26, 2012
PDF | Text
Notice of Oct. 24, 2012: Continuation of the National Emergency With Respect to the Situation in or in Relation to the Democratic Republic of the Congo
President Barack Obama continues for 1 year a national emergency declared Oct. 27, 2006, regarding the situation in or in relation to the Democratic Republic of the Congo and related measures blocking the property of certain persons contributing to the conflict in that country. The president declared the emergency to deal with the unusual and extraordinary threat to the foreign policy of the United States constituted by the Congo situation, which has been marked by widespread violence and atrocities that continue to threaten regional stability.
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HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
PROPOSED REGULATIONS
FOOD AND DRUG ADMINISTRATION (FDA)
Filing of food additive petition, amendment: Notice of petition, published Oct. 26, 2012, electronic or written comments by Nov. 26, 2012
Text
The Food and Drug Administration amends the filing notice for a food additive petition to indicate that the petitioned additive, N-[N-[3-(3-hydroxy-4-methoxyphenyl) propyl-[alpha]-aspartyl]-L-phenylalanine 1-methyl ester, monohydrate (proposed additive name Advantame, CAS Reg. No. 714229-20-
6), is for use as a non-nutritive sweetener and flavor enhancer in foods generally, except meat and poultry. The previous filing notice indicated that the proposed additive was for use as a non-nutritive sweetener in tabletop applications and powdered beverage mixes.
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TRANSPORTATION:
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Amendment of area navigation route T-240, Alaska: Final rule, technical amendment, published Oct. 26, 2012, effective 0901 UTC, Jan. 10, 2013
Text
The Federal Aviation Administration amends the legal description of area navigation route T-240 in Alaska by removing one waypoint that is no longer required and has been deleted from the National Airspace System Resources (NASR) database. In addition, the route description is amended to include the names of the navigation aids that comprise the route.
Amendment of area navigation routes Q-42 and Q-480, Pennsylvania: Final rule, technical amendment, published Oct. 26, 2012, effective 0901 UTC, Jan. 10, 2013
Text
The Federal Aviation Administration amends the legal descriptions of area navigation routes Q-42 and Q-480 by changing the name of one waypoint common to each route to avoid confusion with a similar sounding waypoint.
Establishment of Class E airspace, Reidsville, Georgia, and amendment of Class E airspace, Vidalia, Georgia: Final rule, published Oct. 26, 2012, effective 0901 UTC, Jan. 10, 2013
Text
The Federal Aviation Administration establishes Class E airspace extending upward from 700 feet above the surface at Swinton Smith Field at Reidsville Municipal
Airport, Reidsville, Ga., and amends Class E airspace at Vidalia Regional Airport, Vidalia, Ga., to provide the controlled airspace required to accommodate the separation of existing Class E airspace surrounding Vidalia Regional Airport. This action also changes the names of both airports and updates the airport's geographic coordinates.
IFR altitudes, miscellaneous amendments: Final rule, published Oct. 26, 2012, effective 0901 UTC, Nov. 15, 2012
Text
The Federal Aviation Administration adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed, due to changes occurring in the National Airspace System.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Proposed modification of Class B airspace, Las Vegas, Nevada: Notice of proposed rulemaking, published Oct. 26, 2012, comments by Dec. 26, 2012
PDF | Text
The Federal Aviation Administration proposes to modify the Las Vegas, Nev., Class B airspace area to ensure the containment of large turbine-powered aircraft within Class B airspace, reduce air traffic controller workload, and reduce the potential for midair collision in the Las Vegas terminal area.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)
Make inoperative exemptions, vehicle modifications to accommodate people with disabilities, ejection mitigation: Notice of proposed rulemaking, published Oct. 26, 2012, comments by Dec. 26, 2012
Text
The National Highway Traffic Safety Administration proposes to amend its regulation regarding “Make Inoperative Exemptions, Vehicle Modifications to Accommodate
People With Disabilities,” to include a new exemption regarding the federal motor vehicle safety standard for ejection mitigation, to facilitate the mobility of physically disabled drivers and passengers.
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