COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Oct. 14, 2009
COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
Commerce Acquisition Regulation (CAR), plain language rewrite: Proposed rule, published Oct. 13, 2009, comments by Dec. 14, 2009
[TEXT]
The Commerce Acquisition Regulation was originally codified March 30, 1984, and amended by subsequent regulations published in the Federal Register. The Department of Commerce proposes to update the entire CAR through Federal Acquisition Circular-2005-21. This proposed rule brings the CAR in alignment with the Federal Acquisition Regulation through FAC 2005-21 and streamlines agency internal policy and guidance.
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EMPLOYMENT
LABOR (DOL)
NEWLY PUBLISHED REGULATIONS
LABOR-MANAGEMENT STANDARDS OFFICE (OLMS)
Labor Organization Annual Financial Reports: Final rule, rescission of Jan. 21, 2009 rule, published Oct. 13, 2009, effective Oct. 13, 2009, the final rule published Jan. 21, 2009 is withdrawn
[TEXT]
The Office of Labor-Management Standards withdraws a rule published in the Jan. 21, 2009 Federal Register, which revised the Form LM-2, an annual financial report required by the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), and established standards and procedures by which the agency can revoke, when warranted, the authorization for smaller labor organizations to file the Form LM-3, a less detailed annual financial report also required under the LMRDA. Upon consideration of the comments received following an April 21, 2009 notice of proposed rulemaking, the agency withdraws the Jan. 21 rule. The rule is withdrawn because the revisions it made to the Form LM-2 were issued without an adequate review of the agency's experience under the relatively recent revisions to Form LM-2 in 2003, and because the comments received indicate that the agency may have underestimated the increased burden that the rule would place on reporting labor organizations. Additionally, upon consideration of the comments received, the agency withdraws the provisions of the rule pertaining to the revocation of a small union's authorization to file a Form LM-3 report due to delinquency or deficiency in filing such report, because the revocation standards and procedures are not based upon realistic assessments of such a union's ability to file the more complex Form LM-2 and thus are unlikely to achieve the intended goals of greater transparency and disclosure. Moreover, the revocation provisions did not adequately balance the need for transparency with the burden placed upon smaller labor organizations.
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ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Revisions to the California State Implementation Plan, San Diego Air Pollution Control District: Direct final rule, published Oct. 13, 2009, effective Dec.14, 2009 without further notice, unless the Environmental Protection Agency receives adverse comments by Nov. 12, 2009
[TEXT]
The Environmental Protection Agency approves revisions to the San Diego Air Pollution Control District part of the California State Implementation Plan. These revisions concern volatile organic compound emissions from cold solvent cleaning and vapor degreasing operations. The EPA approves two local rules that regulate these emission sources under the Clean Air Act as amended in 1990.
PROPOSED REGULATIONS
Revisions to the California State Implementation Plan, San Diego Air Pollution Control District: Proposed rule, published Oct. 13, 2009, comments by Nov. 12, 2009
[TEXT]
The Environmental Protection Agency proposes to approve revisions to the San Diego Air Pollution Control District part of the California State Implementation Plan. These revisions concern volatile organic compound emissions from cold solvent cleaning and vapor degreasing operations. The EPA proposes to approve two local rules to regulate these emission sources under the Clean Air Act as amended in 1990.
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DEPARTMENT OF THE INTERIOR (DOI)
PROPOSED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
Endangered and threatened wildlife and plants, revised critical habitat for the arroyo toad (Anaxyrus californicus): Proposed rule, published Oct. 13, 2009, comments by Dec. 14, 2009, written requests for public hearings by Nov. 27, 2009
[TEXT]
The U.S. Fish and Wildlife Service proposes to revise designated critical habitat for the arroyo toad (Anaxyrus californicus), under the Endangered Species Act. The previous final rule designated 11,695 acres of critical habitat and was published in the April 13, 2005 Federal Register The USFWS now proposes to designate approximately 109,110 acres of lands in Santa Barbara, Ventura, Los Angeles, San Bernardino, Riverside, Orange, and San Diego Counties, California, which, if finalized as proposed, would result in an increase of approximately 97,415 acres of critical habitat.
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NUCLEAR REGULATORY COMMISSION (NRC)
NEWLY PUBLISHED REGULATIONS
List of approved spent fuel storage casks, HI–STORM 100 (Revision 7): Direct final rule, published Oct. 13 2009, effective Dec. 28, 2009, unless significant adverse comments are received by Nov. 12, 2009
[TEXT]
The U.S. Nuclear Regulatory Commission amends its spent fuel storage regulations by revising the Holtec International HI-STORM 100 dry cask storage system listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 7 to Certificate of Compliance (CoC) Number 1014. Amendment No. 7 modifies the CoC to add the HI-STORM 100U system to the HI-STORM 100 cask systems. The HI-STORM 100U system allows for the underground storage of dry spent nuclear fuel (SNF) by utilizing an underground vertical ventilated module (VVM) that can accept certain Holtec multipurpose canisters previously certified for storage of SNF in the aboveground HI-STORM system.
PROPOSED REGULATIONS
List of approved spent fuel storage casks, HI–STORM 100 (Revision 7): Proposed rule, Oct. 13, 2009, comments by Nov. 12, 2009
[TEXT]
The U.S. Nuclear Regulatory Commission proposes to amend its spent fuel storage cask regulations by revising the Holtec International HI-STORM 100 dry storage cask system listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 7 to Certificate of Compliance (CoC) Number 1014. Amendment No. 7 would modify the CoC to add the HI-STORM 100U system to the HI-STORM 100 cask system. The HI-STORM 100U system allows for the underground storage of dry spent nuclear fuel (SNF) by utilizing an underground vertical ventilated module (VVM) that can accept certain multipurpose canisters previously certified for storage of SNF in the Holtec aboveground HI-STORM system.
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GOVERNMENT:
PRESIDENTIAL DOCUMENTS
ADMINISTRATIVE ORDERS
Immigration, refugee admissions numbers and authorization (Presidential Determination), No. 2009–32 of September 30, 2009: Memorandum for the Secretary of State, published Oct. 13, 2009
[TEXT]
Fiscal Year 2010 Refugee Admissions Numbers And Authorizations of In-country Refugee Status Pursuant To Sections 207 And 101(A)(42), Respectively, of the
Immigration And Nationality Act, And Determination Pursuant To Section 2(B)(2) of the Migration And Refugee Assistance Act.
President Obama orders the admission of up to 80,000 refugees to the United States during Fiscal Year 2010 because of humanitarian. This number includes people admitted to the United States during Fiscal Year 2010 with Federal refugee resettlement assistance under the Amerasian immigrant admissions program.
The 80,000 admissions numbers follow regional allocations: Africa, 15,500; East Asia, 17,000; Europe and Central Asia, 2,500; Latin America/Caribbean, 5,000; Near East/South Asia, 35,000; Unallocated Reserve, 5,000. The 5,000 unallocated refugee numbers will be allocated to regional ceilings, as needed.
NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Pollution prevention equipment: Final rule, published Oct. 13, 2009, effective date complex
[TEXT]
The U.S. Coast Guard finalizes its Jan. 16, 2009 interim rule establishing oil pollution prevention equipment requirements with one minor amendment to the rule's effective date for vessels with equipment installed on or after Jan. 1, 2005. This final rule is effective Nov. 12, 2009, except that paragraphs 33 CFR 155.350(a)(3), 155.360(a)(2) and 155.370(a)(4) are effective Oct. 13, 2009..
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U.S. CUSTOMS AND BORDER PROTECTION (USCBP)
Customs broker license examination appeals: Final rule, published Oct. 13, 2009, effective Oct. 13, 2009
[TEXT]
The U.S. Customs and Border Protection amends regulations for the licensing and conduct of customs brokers. This final rule specifies that the final administrative appeal on a failing grade on the broker's exam should be sent in writing to the Assistant Commissioner, Office of International Trade.
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TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Boeing Model 737–300 and 737–400 series airplanes: Final rule, published Oct. 13, 2009, effective Nov. 17, 2009
[TEXT]
PURPOSE: This airworthiness directive (AD) results from reports of cracks in the aft fuselage skin on both sides of certain Boeing Model 737-300 and 737-400 series airplanes. This AD to detect and correct cracking in the aft fuselage skin along the longitudinal edges of the bonded skin doubler, which could result in reduced structural integrity of the airplane.
SUMMARY: The Federal Aviation Administration adopts a new AD for certain Boeing Model 737-300 and 737-400 series airplanes. This AD requires repetitive inspections to detect cracking of the aft fuselage skin, and related investigative/corrective actions if necessary.
Airworthiness directives, Construcciones Aeronauticas, S.A. (CASA), Model C–212–CB, C–212–CC, C–212–CD, and C–212–CE airplanes: Final rule, published Oct. 13, 2009, effective Nov. 17, 2009
[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 Construcciones Aeronauticas, S.A. (CASA), Model C–212–CB, C–212–CC, C–212–CD, and C–212–CE airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated 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:
Honeywell International, the manufacturer of the SPZ200 autopilot system installed on the EADS-CASA C-212 series aircraft, has identified a series of servo-motors * * * designed for use in the SPZ200 autopilot system, whose failure can lead to a potential unsafe flight condition. * * *
* * * * *
The unsafe condition is failure of the servo-motors, which could result in roll oscillations or possible hard-over failures when the autopilot is engaged.
Airworthiness directives, Rolls-Royce plc (RR) RB211–535E4 series turbofan engines: Final rule, published Oct. 13, 2009, effective Nov. 17, 2009
[TEXT]
PURPOSE: This airworthiness directive (AD) results from the Federal Aviation Administration approving Revision 3 to the Mandatory Service Bulletin (MSB), which adds an alternative eddy current inspection method. This AD requires actions intended to prevent an uncontained outer combustion case burst, which could result in damage to the airplane.
SUMMARY: The FAA supersedes an existing AD for Rolls-Royce plc (RR) RB211-535E4 series turbofan engines. That AD currently requires initial and repetitive inspections of the outer combustion case for cracks and possible removal if cracks are found. This AD requires the same inspections, but requires using RR MSB RB.211-72-7775, Revision 3, dated April 9, 1999.
Establishment of Class E airspace, Chuathbaluk, Alaska: Final Rule published Oct. 13, 2009, effective 0901 UTC, Dec. 17, 2009
[TEXT]
The Federal Aviation Administration establishes Class E airspace at Chuathbaluk, Alaska to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). One SIAP is being developed for the Chuathbaluk Airport at Chuathbaluk, Alaska. Also, this action makes a minor correction to the geographic coordinates and text description for the airport. This action establishes Class E airspace upward from 700 feet above the surface at Chuathbaluk Airport, Chuathbaluk, Alaska.
Establishment of Class E airspace, Eastsound, Washington: Final rule, published Oct. 13, 2009, effective 0901 UTC, Dec. 17, 2009
[TEXT]
The Federal Aviation Administration establishes Class E airspace at Eastsound, Wash. Controlled airspace is to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Eastsound Orcas Island Airport, Eastsound, Wash. This improves the safety of Instrument Flight Rules aircraft executing the new RNAV GPS SIAP at Eastsound Orcas Island Airport, Eastsound, Wash.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Boeing Model 747–100, 747–100B, 747–100B SUD, et al., series airplanes: Notice of proposed rulemaking, published Oct. 13, 2009, comments by Nov. 27, 2009
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) results from fuel system reviews of Boeing Model 747 series airplanes conducted by the manufacturer. This proposed AD would require actions intended to prevent damage to the fuel pumps caused by electrical arcing that could introduce an ignition source in the fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for certain Boeing Model 747 series airplanes. This proposed AD would require replacing the power control relays for the main tank fuel boost pumps and jettison pumps, and the center tank scavenge pump, as applicable, with new relays having a ground fault interrupt (GFI) feature. The proposed AD also would require revising the maintenance program to incorporate Airworthiness Limitations (AWLs) No. 28-AWL-23 (for Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SP, and 747SR series airplanes), and Nos. 28-AWL-28 and 28-AWL-29 (for Model 747-400, 747-400D, and 747-400F series airplanes).
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