COURTHOUSE NEWS SERVICE

Federal Regulation Brief

June 21, 2011

AGRICULTURE:

AGRICULTURE (USDA)

PROPOSED REGULATIONS

FOOD AND NUTRITION SERVICE (FNS)

Updated trafficking definition and Supplemental Nutrition Assistance Program dual participation: Proposed rule, published June 20, 2011, comments by Aug. 19, 2011

[TEXT]

The Food and Nutrition Service proposes changes to the Supplemental Nutrition Assistance Program (SNAP) regulations regarding SNAP client benefit use, participation of retail food stores and wholesale food concerns in SNAP, and SNAP client participation in the Food Distribution Program on Indian Reservations.

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COMMERCE:

COMMERCE (DOC)

NEWLY PUBLISHED REGULATIONS

NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION (NOAA)

Fisheries of the exclusive economic zone off Alaska, the Bering Sea and Aleutian Islands Crab Rationalization Program, page 35772: Final rule, published June 20, 2011, effective July 20, 2011

[TEXT] [PDF]

The National Marine Fisheries Service implements Amendment 34 to the fishery management plan for the Bering Sea/Aleutian Islands king and Tanner crabs to exempt additional recipients of crab quota share from the Gulf of Alaska Pacific cod and pollock harvest limits, to give these recipients an opportunity to participate in the Gulf of Alaska Pacific cod and pollock fisheries at historical levels.

Fisheries of the exclusive economic zone off Alaska, the Bering Sea and Aleutian Islands Crab Rationalization Program, page 35781: Final rule, published June 20, 2011, effective July 20, 2011

[TEXT]

The National Marine Fisheries Service amends the Bering Sea/Aleutian Islands Crab Rationalization Program by establishing a process for eligible contract signatories to request that the agency exempt holders of West-designated individual fishing quota (IFQ) and individual processor quota (IPQ) in the Western Aleutian Islands golden king crab fishery from the West regional delivery requirements.

Listing endangered and threatened species, threatened status for Oregon Coast coho salmon Evolutionarily Significant Unit: Final rule, published June 20, 2011, effective June 20, 2011

[TEXT]

The National Marine Fisheries Service retains the threatened listing for the Oregon Coast Evolutionarily Significant Unit of coho salmon (Oncorhynchus kisutch) under the Endangered Species Act.

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COMMUNICATION (FCC)

PROPOSED REGULATIONS

Review of the Emergency Alert System: Notice of proposed rulemaking, published June 20, 2011, comments by July 20, 2011, reply comments by Aug. 4, 2011

[TEXT]

The Federal Communications Commission requests comments on proposed changes to its rules for the Emergency Alert System to codify the obligation to process alert messages formatted in the Common Alerting Protocol and to streamline and clarify the rules to enhance effectiveness.

Television broadcasting services, Eau Claire, Wisconsin: Proposed rule, published June 20, 2011, comments by July 5, 2011, reply comments by July 15, 2011

[TEXT]

The Federal Communications Commission considers a petition requesting the substitution of channel 38 for channel 13 at Eau Claire due to the collapse of the antenna tower and destruction of the station’s transmission equipment.

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EMPLOYMENT

LABOR (DOL)

PROPOSED REGULATIONS

MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

Examinations of work areas in underground coal mines and pattern of violations: Proposed rule, notice of public hearing, notice of extension of comment period, published June 20, 2011, hearings July 12, 2011, post-hearing comments received or postmarked by midnight Eastern Daylight Saving Time Aug. 1, 2011

[TEXT]

The Mine Safety and Health Administration will hold additional public hearings on its proposed rules for Examinations of Work Areas in Underground Coal Mines and for Pattern of Violations.

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ENVIRONMENT, ENERGY & RESOURCES:

ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

National emission standards for hazardous air pollutants for area sources, plating and polishing: Direct final rule, amendments, published June 20, 2011, effective Sept. 19, 2011 without further notice, unless significant adverse comments are received by July 20, 2011

[TEXT]

The Environmental Protection Agency amends 2008 national emission standards for control of hazardous air pollutants for the plating and polishing area source category.

PROPOSED REGULATIONS

National emission standards for hazardous air pollutants for area sources, plating and polishing: Proposed rule, published June 20, 2011, written comments by July 20, 2011, if adverse comments are received, a timely withdrawal will be published in the Federal Register

[TEXT]

The Environmental Protection Agency proposes to amend 2008 national emission standards for control of hazardous air pollutants for the plating and polishing area source category.

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GOVERNMENT:

PRESIDENTIAL DOCUMENTS

EXECUTIVE ORDERS

SelectUSA Initiative, Establishment (EO 13577): Published June 20, 2011

[TEXT]

President Obama has established the SelectUSA Initiative to support private-sector job creation and enhance economic growth by encouraging and supporting business investment in the United States. The president notes that the U.S. faces increasing competition for retaining and attracting future industries and the jobs they create, and that other industrialized countries have centralized investment promotion infrastructures and resources to attract business investment. Currently, states and cities are competing against foreign governments to attract business investment. The Department of Commerce will lead and fund the initiative, and provide administrative support.

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ADMINISTRATIVE ORDERS

Jerusalem Embassy Act, Suspension of Limitations (Presidential Determination), No. 2011–10 of June 3, 2011: Published June 20, 2011

[TEXT]

To protect U.S. national security interests, President Barack Obama directs the Secretary of State to suspend the requirement for the U.S. to build an embassy in Jerusalem, for another six months.

Libya and Côte d'Ivoire, Unexpected Urgent Refugee and Migration Needs (Presidential Determination), No. 2011–11 of June 8, 2011: Published June 20, 2011

[TEXT]

President Barack Obama has informed the Secretary of State that it is important to the national interest to send assistance, in an amount not to exceed $15 million, from the U.S. Emergency Refugee and Migration Assistance Fund, to meet unexpected and urgent refugee and migration needs, by making contributions to international, governmental, and nongovernmental organizations and paying the administrative expenses of the Bureau of Population, Refugees, and Migration of the Department of State, related to the humanitarian crises resulting from the violence in Libya and Côte d'Ivoire.

Russian Federation, Continuation of National Emergency (Notice of June 17, 2011): Published June 20, 2011

[TEXT]

Continuation of the National Emergency With Respect to the Risk of Nuclear Proliferation Created by the Accumulation of Weapons-Useable Fissile Material in the Territory of the Russian Federation

President Obama extends for one year provisions of an executive order protecting assets and property that come under the legal jurisdiction of the United States, from attachment, judgment, decree, lien, execution, garnishment, or other judicial process for the property and interests in property of the Government of the Russian Federation that are directly related the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons.

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MONEY:

FEDERAL RESERVE SYSTEM (FRS)

NEWLY PUBLISHED REGULATIONS

Consumer leasing: Final rule, staff commentary, published June 20, 2011, effective Jan. 1, 2012

[TEXT]

The Board of Governors of the Federal Reserve System increases the threshold for exempt consumer leases from $25,000 to $50,000 under the Consumer Leasing Act. In compliance with the Dodd-Frank Wall Street Reform and Consumer Protection Act the Fed raises the exemption threshold from $50,000 to $51,800, effective Jan. 1, 2012.

Truth in Lending, page 35722: Final rule, staff commentary, published June 20, 2011, effective Jan. 1, 2012

[TEXT]

The Board of Governors of the Federal Reserve System increases the threshold for exempt consumer credit transactions from $25,000 to $50,000 under the Truth in Lending Act. To comply with the Dodd-Frank Wall Street Reform and Consumer Protection Act the agency adjusts the exemption threshold from $50,000 to $51,800, effective Jan. 1, 2012.

Truth in Lending, page 35723: Final rule, staff commentary, published June 20, 2011, effective Jan. 1, 2012

[TEXT]

The Board of Governors of the Federal Reserve System raises the total fees allowed on loans as allowed by The Home Ownership and Equity Protection Act to $611 in 2012.

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TREASURY (USDT)

NEWLY PUBLISHED REGULATIONS

FOREIGN ASSETS CONTROL OFFICE (OFAC)

Foreign Assets Control Regulations, Transaction Control Regulations (regulations prohibiting transactions involving shipment of certain merchandise between foreign countries): Final rule, published June 20, 2011, effective June 20, 2011

[TEXT]

The Office of Foreign Assets Control removes Parts 500 and 505 from 31 CFR chapter V under Proclamation 8271 of June 26, 2008, which terminated the exercise of the President's authorities under the Trading With the Enemy Act with respect to North Korea.

North Korea Sanctions Regulations: Final rule, published June 20, 2011, effective June 20, 2011

[TEXT]

The Office of Foreign Assets Control amends the North Korea Sanctions Regulations to supplement these regulations with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance and additional general licenses and statements of licensing policy.

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NATIONAL SECURITY:

HOMELAND SECURITY (DHS)

NEWLY PUBLISHED REGULATIONS

COAST GUARD (USCG)

Anchorage ground and regulated navigation areas, superfund site, New Bedford Harbor, New Bedford, Massachusetts: Final rule, published June 20, 2011, effective July 20, 2011

[TEXT]

The U.S. Coast Guard amends an existing anchorage ground which currently overlaps a pilot underwater cap in the U.S. Environmental Protection Agency’s New Bedford Harbor Superfund Site in New Bedford, Mass. The agency also establishes a regulated navigation area prohibiting activities that disturb the seabed around the site. The regulated navigation area does not affect navigation of the area.

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FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Changes in flood elevation determinations: Interim rule, published June 20, 2011, effective dates complex

[TEXT]

The Federal Emergency Management Agency lists communities, in the linked document, where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate due to new scientific or technical data. New flood insurance premium rates are calculated from the modified BFEs for new buildings and their contents.

PROPOSED REGULATIONS

COAST GUARD (USCG)

Port Access Route Study, availability, approaches to San Francisco: Notice of availability of study results, published June 20, 2011

[TEXT]

The U.S. Coast Guard announces the availability of a February 2011 Port Access Route Study evaluating the continued applicability of and the potential need for modifications to the current vessel routing in the approaches to San Francisco. This notice summarizes the study recommendations, which include enhancements to existing vessel routing measures.

Special local regulations for marine events, Patuxent River, Solomons, Maryland: Notice of proposed rulemaking, published June 20, 2011, comments by July 20, 2011, public meeting requests by July 20, 2011

[TEXT]

The U.S. Coast Guard proposes to establish special local regulations during the “Chesapeake Challenge” power boat races, a marine event to be held on the waters of the Patuxent River, near Solomons, Md., Sept. 24 and 25, 2011.

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TRANSPORTATION

TRANSPORTATION (DOT)

NEWLY PUBLISHED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Special conditions, Gulfstream Aerospace LP Model G250 airplane automatic power reserve, an automatic takeoff thrust control system: Final special conditions, request for comments, published June 20, 2011, effective June 13, 2011, comments by Aug. 4, 2011

[TEXT][PDF]

The Federal Aviation Administration issues these special conditions for the Gulfstream Aerospace LP Model G250 airplane to establish a level of safety equivalent to that established by the existing airworthiness standards. This airplane will have a novel or unusual design feature associated with go-around performance credit for use of Automatic Power Reserve, an Automatic Takeoff Thrust Control System.

PROPOSED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Amendment of Class E Airspace, Shelby, North Carolina: Notice of proposed rulemaking, published June 20, 2011, comments by Aug. 4, 2011

[TEXT]

The Federal Aviation Administration proposes to amend Class E Airspace at Shelby, N.C., as new Standard Instrument Approach Procedures have been developed at

Shelby-Cleveland County Regional Airport. This action also would recognize the airport name change to Shelby-Cleveland County Regional Airport.

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