COURTHOUSE NEWS SERVICE
Federal Regulation Brief
April 6, 2009
AGRICULTURE, HEALTH, EDUCATION, SOCIAL SERVICES
Today’s Brief Includes (March 30-April 3):
Agriculture (USDA) – Includes proposed regulations
Education (USDE) – No newly published regulations this week
Health (HHS)
Housing (HUD)
Social Security (SSA)– No newly published regulations this week
Veterans Affairs (VA)
AGRICULTURE (USDA)
NEWLY PUBLISHED REGULATIONS
ANIMAL AND PLANT HEALTH INSPECTION SERVICE(APHIS)
Import/export user fees: Import/Export User Fees, Federal Register,March 30, 2009, Volume 74, Number 59, Rules and Regulations, Page 13999, 9 CFR Part 130, Docket No. APHIS-2006-0144, RIN 0579-AC59, Final rule.
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(This final rule is effective April 29, 2009.)
SUMMARY: The Animal and Plant Health Inspection Service (APHIS)increases the user fees for import- and export-related services it provides for animals, animal products, birds, germ plasm, organisms, and vectors.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Interstate movement of sheep and goats: Interstate Movement of Sheep and Goats, Federal Register, April 1, 2009, Volume 74, Number 61, Rules and Regulations, Page 14703, 9 CFR Part 71, Docket No. 00-094-2, RIN 0579-AB84, Final rule.
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(This final rule is effective May 1, 2009.)
SUMMARY: The Animal and Plant Health Inspection Service (APHIS) amends the regulations for interstate movement of animals to add sheep and goats to the approved livestock facility agreement, in part, to control the spread of scrapie, a serious disease of sheep and goats. Livestock facilities that handle sheep and goats in interstate commerce must meet the requirements for approval including complying with this agreement to use certain provisions in the APHIS scrapie regulations that reduce the movement requirements for sheep and goats moving to or from these establishments. Such facilities may include stockyards, livestock markets, buying stations, concentration points, or any other premises where sheep and goats in interstate commerce are assembled. APHIS approval is contingent on the facility operator meeting certain minimum standards and other conditions related to the receipt, handling, and release of sheep and goats at the facility, as well as complying with certain animal identification and recordkeeping requirements.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
National Poultry Improvement Plan and auxiliary provisions:National Poultry Improvement Plan and Auxiliary Provisions, Federal Register,April 1, 2009, Volume 74, Number 61, Rules and Regulations, Page 14710, 9 CFR Parts 145, 146, and 147, Docket No. APHIS-2007-0042, RIN 0579-AC78, Final rule.
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(This final rule is effective May 1, 2009.)
SUMMARY: The Animal and Plant Health Inspection Service (APHIS) amends the National Poultry Improvement Plan and its auxiliary provisions by providing new or modified sampling and testing procedures for Plan participants and participating flocks. The changes were voted on and approved by the voting delegates at the Plan's 2006 National Plan Conference. These changes are to keep the provisions of the Plan current with changes in the poultry industry and provide for the use of new sampling and testing procedures.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Swine health protection, feeding of processed product to swine:Swine Health Protection; Feeding of Processed Product to Swine, Federal Register,April 3, 2009, Volume 74, Number 63, Rules and Regulations, Page 15215, 9 CFR Part 166, Docket No. APHIS-2008-0120, RIN 0579-AC91, Interim rule and request for comments.
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(This interim rule is effective April 3, 2009. The Animal and Plant Health Inspection Service will consider all comments it receives on or before June 2, 2009.)
SUMMARY: The Animal and Plant Health Inspection Service (APHIS) amends the swine health protection regulations to clarify the applicability of the regulations for the treatment of garbage that consists of industrially processed materials. This action makes clear that such materials are subject to the same treatment requirements as other regulated garbage, except for materials that meet the definition of processed product being added to the regulations. This action is to ensure that garbage fed to swine has been treated to inactivate disease organisms that pose a risk to the U.S. swine industry.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
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FOREST SERVICE(FOREST SERVICE)
Sales and disposals of national forest system timber, special forest products and forest botanical products, delay of effective date: Sale and Disposal of National Forest System Timber; Special Forest Products and Forest Botanical Products, Federal Register, March 30, 2009, Volume 74, Number 59, Rules and Regulations, Page 14049, 36 CFR Parts 223 and 261, RIN 0596-AB81, Notice of Delay of Effective Date.
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(The effective date for the rule published at 73 FR 79367, December 29, 2008, is delayed until May 29, 2009.)
SUMMARY: The Department of Agriculture (USDA) delays the effective date of this rule for an additional 60 days to give the Forest Service more time to respond to the comments and to consider any potential changes to the rule. The rule regulates the sustainable free use, commercial harvest, and sale of special forest products and forest botanical products from National Forest System lands.
Subsistence management regulations for public lands in Alaska, 2009–10 and 2010–11 subsistence taking of fish regulations: Subsistence Management Regulations for Public Lands in Alaska--2009-10 and 2010-11 Subsistence Taking of Fish Regulations, Federal Register, March 30, 2009, Volume 74, Number 59, Rules and Regulations, Page 14049, DEPARTMENT OF AGRICULTURE, Forest Service, 36 CFR Part 242, DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service, 50 CFR Part 100, FWS-R7-EA-2007-0025, 70101-1335-0064L6, RIN 1018-AV72, Final rule.
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(Section ------.24(a)(2) is effective April 1, 2009. Sections ------.27 and ------.28 are effective April 1, 2009, through March 31, 2011.)
SUMMARY: The Forest Service (FS), Department of Agriculture, and the Fish and Wildlife Service (USFWS), Department of the Interior establish regulations for seasons, harvest limits, methods, and means related to taking of fish for subsistence uses during the 2009-10 and 2010-11 regulatory years. The Federal Subsistence Boardcompletes the biennial process ofrevising subsistence fishing and shellfishing regulations in odd-numbered years and subsistence hunting and trapping regulations in even-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable biennial cycle. This action replaces the fish taking regulations that expire March 31, 2009.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
PROPOSED REGULATIONS
AGRICULTURAL MARKETING SERVICE(AMS)
Peanut Promotion, Research, and Information Order, Section 610 review:Peanut Promotion, Research, and Information Order; Section 610 Review, Federal Register, April 3, 2009, Volume 74, Number 63, Proposed Rules, Page 15226, 7 CFR Part 1216, Document Number AMS-FV-08-0110, FV-08-704, Notice of regulatory review and request for comments.
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(Any written comments must be received by June 2, 2009.)
SUMMARY: The Agricultural Marketing Service (AMS) announcesits review of the Peanut Promotion, Research, and Information Order (Order), conducted under the Commodity Promotion, Research, and Information Act of 1996 (Act), under the criteria contained in Section 610 of the Regulatory Flexibility Act (RFA).
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)
Change in disease status of the Republic of Korea with regard to foot-and-mouth disease and rinderpest:Change in Disease Status of the Republic of Korea With Regard to Foot-and-Mouth Disease and Rinderpest, Federal Register,March 30, 2009, Volume 74, Number 59, Proposed Rules, Page 14093, 9 CFR Part 94, Docket No. APHIS-2008-0147, Proposed rule.
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(Any comments received on or before May 29, 2009 will be considered.)
SUMMARY: The Animal and Plant Health Inspection Service (APHIS) proposes to add Korea to the list of regions considered free of rinderpest and foot-and-mouth disease (FMD). However, the agency also proposes to add Korea to the list of regions subject to certain import restrictions on meat and meat products due to their proximity to or trading relationships with rinderpest- or FMD-affected countries.
Chronic wasting disease herd certification program and interstate movement of farmed or captive deer, elk, and moose: Chronic Wasting Disease Herd Certification Program and Interstate Movement of Farmed or Captive Deer, Elk, and Moose, Federal Register, March 31, 2009, Volume 74, Number 60, Proposed Rules, Page 14495, 9 CFR Parts 55 and 81, Docket No. 00-108-7, RIN 0579-AB35, Proposed rule.
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(TheAnimal and Plant Health Inspection Service will consider all comments it receives on or before June 1, 2009.)
SUMMARY: The Animal and Plant Health Inspection Service (APHIS) proposes further amendments that would establish a herd certification program to eliminate chronic wasting disease from farmed or captive cervids in the United States. Under the 2006 Chronic Wasting Disease (CWD) rule, participating deer, elk, and moose herds would have to follow the CWD Herd Certification Program requirements for animal identification, testing, herd management, and movement of animals into and from herds. This action proposes additional changes to the program regarding recognition of state bans on the entry of farmed or captive cervids for reasons unrelated to CWD, the number of years an animal must be monitored for CWD before it may move interstate, interstate movement of cervids that originated from herds in proximity to a CWD outbreak, herd inventory procedures, and several other matters.
FOOD AND NUTRITION SERVICE(FNS)
Supplemental Nutrition Assistance Program, clarifications and corrections to recipient claim establishment and collection standards: Supplemental Nutrition Assistance Program (SNAP): Clarifications and Corrections to Recipient Claim Establishment and Collection Standards, Federal Register, April 2, 2009, Volume 74, Number 62, Proposed Rules, Page 14935, 7 CFR Parts 271, 272, 273 and 276, FNS-2008-0034, RIN 0584-AD25, Proposed rule.
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(Any comments on this proposed rulemaking must be received by July 1, 2009, to be assured of consideration.)
SUMMARY: Supplemental Nutrition Assistance Program (SNAP) recipient claims are established and collected against households that receive more benefits than they are entitled to receive. This action would correct and clarify provisions of the final rule on recipient claims published at 65 FR 41752, July 6, 2000. Specifically, the changes would remove a definition and several provisions made obsolete by the final rule; correct the typographical errors; correct the omission of the requirement that a copy of the claims management plan be submitted to the Food and Nutrition Service (FNS) Regional Office for informational purposes; reinforce current practices and requirements in the areas of fair hearings, fees, due dates, delinquent claims, retention, claim referrals, negligence and fraud; make conforming changes needed as a result of a subsequent rulemaking regarding a sponsor's responsibility for overissuances of an alien household; and to remove an overpayment exception that is no longer applicable to the program.
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HEALTH (HHS)
NEWLY PUBLISHED REGULATIONS
CENTERS FOR MEDICARE & MEDICAID SERVICES(CMS)
Medicaid Program, state flexibility for Medicaid benefit packages:Medicaid Program; State Flexibility for Medicaid Benefit Packages,Federal Register, April 3, 2009, Volume 74, Number 63, Rules and Regulations, Page 15221, 42 CFR Part 440, CMS-2232-F2, RIN 0938-AP72, Final rule, delay of effective date and reopening of comment period.
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(This final rule is effective April 2, 2009. The effective date of the rule amending 42 CFR Part 440 published in the December 3, 2008, Federal Register (73 FR 73694), delayed February 2, 2009 (74 FR 5808), is further delayed until December 31, 2009.To be assured consideration, any comments must be received at one of the addresses provided in the linked document, no later than 5 p.m.May 4, 2009.)
SUMMARY: The Centers for Medicare & Medicaid Services (CMS) temporarily delay the effective date of the December 3, 2008 final rule entitled, “Medicaid Program: State Flexibility for Medicaid Benefit Packages” (73 FR 73694) until December 31, 2009. In addition, this action reopens the comment period on the policies set out in the December 3, 2008 final rule, and specifically solicits comments on the effect of certain provisions of the Children's Health Insurance Program Reauthorization Act of 2009.)
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FOOD AND DRUG ADMINISTRATION(FDA)
Medical devices, technical amendment:Medical Devices; Technical Amendment, Federal Register,March 31, 2009, Volume 74, Number 60, Rules and Regulations, Page 14478, 21 CFR Part 814, Docket No. FDA-2009-N-0141, Final rule, technical amendment.
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(This final rule, technical amendment, is effective March 31, 2009.)
SUMMARY: The Food and Drug Administration (FDA or agency) amends a medical device regulation to correct a statutory reference.
Revision of organization and conforming changes to regulations:Revision of Organization and Conforming Changes to Regulations, Federal Register,April 1, 2009, Volume 74, Number 61, Rules and Regulations, Page 14720, 21 CFR Part 5, Docket No. FDA-2009-N-0144, Final rule.
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(This final rule is effective April 1, 2009.)
SUMMARY: The Food and Drug Administration (FDA) amends the regulations to reflect organizational changes in the agency and to make other conforming changes. The FDA states that this action is editorial in nature and is intended to improve the accuracy of the agency's regulations.
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HOUSING (HUD)
NEWLY PUBLISHED REGULATIONS
Civil money penalties, certain prohibited conduct, technical amendment:Civil Money Penalties: Certain Prohibited Conduct; Technical Amendment, Federal Register,April 1, 2009, Volume 74, Number 61, Rules and Regulations, Page 14725, 24 CFR Part 30, Docket No. FR-5081-C-04, RIN 2501-AD23, Final rule, technical amendment.
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(This final rule, technical amendment, is effective April 1, 2009.)
SUMMARY: On January 15, 2009, the Department of Housing and Urban Development (HUD) published a final rule to revise its regulations forcivil fines. The effect of the rulemaking was to remove one item from the list of actions for which the Mortgagee Review Board may initiate a civil money penalty action against a mortgagee or lender, reducing the list from 15 numbered items to 14, and redesignating the 15th item as item number 14. However, a related cross reference was not updated to reflect this change. In addition, a section revised in 2006 involving delinquent mortgages, also requires a cross-reference change. This action corrects these cross-references.
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VETERANS (VA)
NEWLY PUBLISHED REGULATIONS
Post-9/11 GI Bill:Post-9/11 GI Bill, Federal Register, March 31, 2009, Volume 74, Number 60, Rules and Regulations, Page 14653, Part III, 38 CFR Part 21, RIN 2900-AN10, Final rule.
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(This final rule is effective August 1, 2009.)
SUMMARY: The Department of Veterans Affairs (VA) implements a new educational assistance program for those who serve on active duty for a total of at least 90 days on or after September 10, 2001. The new program, known as the Post-9/11 GI Bill, was authorized by Title V of the Supplemental Appropriations Act, 2008 (Post-9/11 Veterans Educational Assistance Act of 2008). It allows up to 36 months of educational assistance (or its part-time equivalent), with payments for tuition and fees going directly to the school.The amount of service completed after September 10, 2001 determines the amount of money received under the program.
HIGHLIGHTS:
ELIGIBILITY:
ACTIVE DUTY: Those on “active duty” are members of the regular Armed Forces on full-time duty, except while they are in training. The definition also includes reserves called to active duty, but not National Guard or Active Guard Reserve serving in other capacities.
Commissioned officersof the Public Health Service (PHS) and the National Oceanic and Atmospheric Administration (NOAA)already have been found to be members of the Armed Forces for VA benefit purposes.
Eligibility expires 15 years after active duty period.
SCHOOLS: To receive benefits, individuals must be pursuing an approved program of education offered at a college or university. Benefits are not paid for apprenticeships and on-the-job training.
TRANSFER OF BENEFITS:
AMOUNT:Benefits that are transferred are in the same amount that the service personwould receive. This includes that there is no housing allowanceor books and supplies stipend when the service person is on active duty.
MONTGOMERY GI BILL: Transfer of benefits to dependents under the Montgomery GI Bill (MGIB) not revoked before the service person's election of Post-9/11 GI Bill benefits will remain available to the dependent to whom it was transferred. Dependents will remain eligible for transferred benefits under the provisions of the chapter from which benefits were transferred.
CHILD: If the benefit is transferred to a child, the child must meet the definition of “child” that exists at the time of the transfer. When the child turns 26 the benefits expire.
TRANSFERRED BENEFITS ARE NOT MARITAL PROPERTY: A spouse may not keep a transfer of benefits after a divorce if the transferor revokes or modifies it.
COMPLETION OF MILITARY AGREEMENT: Those released from the Armed Forces due to injury (with an honorable discharge) or a reduction in force, are considered to have completed their agreement with the military, which allows the veteran or dependents to receive benefits.
BENEFIT PROGRAM CHOICE: An individual may not use educational assistance benefits from the Post-9/11 GI Bill and another VA program at the same time, except when the individual receives a “Montgomery GIBillSelected Reserve kicker.” An individual may be able to switch from one set of benefits to another if he or she moves from one program of study to another. “College fund” programs continue, except that they are paid per term instead of per month.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Posttraumatic stress disorder: Posttraumatic Stress Disorder, Federal Register, March 31, 2009, Volume 74, Number 60, Rules and Regulations, Page 14491, 38 CFR Part 3, RIN 2900-AN04, Final rule.
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