COURTHOUSE NEWS SERVICE
Federal Regulation Brief
March 2, 2011
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, Bering Sea and Aleutian Islands, final 2011 and 2012 harvest specifications for groundfish: Final rule, closures, published March 1, 2011, effective 1200 hrs. Alaska local time March 1, 2011 to 2400 hrs. A.l.t. Dec. 31, 2012
[TEXT]
The National Marine Fisheries Service announces final 2011 and 2012 harvest specifications and prohibited species catch allowances for the groundfish fishery of the Bering Sea and Aleutian Islands management area (BSAI) to establish harvest limits for groundfish during the 2011 and 2012 fishing years, and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the BSAI. This action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.
Fisheries of the exclusive economic zone off Alaska, Gulf of Alaska, final 2011 and 2012 harvest specifications for groundfish: Final rule, closures, published March 1, 2011, effective 1200 hrs. Alaska local time March 1, 2011 to 2400 hrs. A.l.t. Dec. 31, 2012
[TEXT]
The National Marine Fisheries Service announces final 2011 and 2012 harvest specifications, apportionments and Pacific halibut prohibited species catch limits for the groundfish fishery of the Gulf of Alaska to establish harvest limits for groundfish during the 2011 and 2012 fishing years and to accomplish the goals and objectives of the fishery management plan for groundfish of the Gulf of Alaska. This action is to conserve and manage the groundfish resources in the Gulf of Alaska in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.
Fisheries of the exclusive economic zone off Alaska, sablefish managed under the Individual Fishing Quota Program: Temporary rule, opening, published March 1, 2011, effective March 1 to 1200 hrs. Alaska local time Dec. 31, 2011
[TEXT]
The National Marine Fisheries Service opens directed fishing for sablefish with fixed gear managed under the Individual Fishing Quota Program and the Community Development Quota Program. The season opens 1200 hrs. Alaska local time March 12 and closes 1200 hrs. A.l.t. Nov. 18, 2011. This period is the same as the 2011 commercial halibut fishery opening dates adopted by the International Pacific Halibut Commission. The individual fishing quota and community development quota halibut season is specified by a separate publication in the Federal Register of annual management measures.
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EMPLOYMENT
LABOR (DOL)
PROPOSED REGULATIONS
MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)
Examinations of work areas in underground coal mines for violations of mandatory health or safety standards: Proposed rule, extension of comment period to March 28, 2011, published March 1, 2011, comments by 12 midnight Eastern Daylight Savings Time, March 28, 2011
[TEXT]
The Mine Safety and Health Administration extends the comment period on the proposed rule addressing Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards. It proposed revising MSHA requirements for preshift, supplemental, and on-shift, and weekly examinations of underground coal mines. This extension gives commenters an additional 30 days to comment on the proposed rule.
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ENVIRONMENT, ENERGY & RESOURCES:
ENERGY (DOE)
PROPOSED REGULATIONS
FEDERAL ENERGY REGULATORY COMMISSION (FERC)
Frequency regulation compensation in the organized wholesale power markets: Notice of proposed rulemaking, published March 1, 2011, comments by May 2, 2011
[TEXT][PDF]
The Federal Energy Regulatory Commission proposes to revise its regulations to remedy undue discrimination in the procurement of frequency regulation service in the organized wholesale electricity markets. The emergence of technologies capable of responding more quickly than the generators that have historically provided frequency regulation service has prompted the agency to evaluate market rules to ensure they are not unduly discriminatory or fail to provide just and reasonable compensation for the service being provided. If found, the agency proposes to remedy the undue discrimination by requiring a uniform price for regulation capacity paid to all cleared resources and a performance payment for the provision of frequency regulation, with such payment reflecting a resource's accuracy of performance. This proposed action helps to ensure that market rules do not present unnecessary barriers to the participation of all resource types in the wholesale ancillary services markets. The agency seeks comment on the proposed regulations.
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ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Approval and promulgation of air quality implementation plans, Milwaukee–Racine and Sheboygan areas, Wisconsin, determination of attainment of 1997 8-hour ozone standard: Final rule, published March 1, 2011, effective March 31, 2011
[TEXT]
The Environmental Protection Agency makes determinations under the Clean Air Act that the Milwaukee-Racine and Sheboygan, Wisconsin areas have attained the 1997 8-hour ozone National Ambient Air Quality Standard. The Milwaukee-Racine area includes Milwaukee, Ozaukee, Racine, Washington, Waukesha, and Kenosha Counties. The Sheboygan area includes Sheboygan County. The determinations are based on complete, quality-assured and certified ambient air monitoring data that show that the areas have monitored attainment of the 1997 8-hour ozone standard for the 2006-2008 and 2007-2009 monitoring periods. Quality assured data available for 2010 indicate that the areas continue to monitor attainment. As a result of these determinations, the requirements for these areas to submit attainment demonstrations and associated reasonably available control measures, reasonable further progress plans (RFP), contingency measures, and other State Implementation Plan revisions related to attainment of the standard are suspended for as long as the areas continue to attain the 1997 8-hour ozone standard. These determinations also suspend the requirement for the EPA to promulgate attainment demonstration, RFP, and any other attainment-related Federal Implementation Plans for these areas. The EPA published proposed and direct final approvals of this request Dec. 15, 2010. The EPA received an adverse comment on its proposed rulemaking, which is addressed in the linked document. As a result, the EPA withdrew the direct final approval Jan. 28, 2011.
Approval and promulgation of air quality implementation plans, Ohio, Oxides of Nitrogen Budget Trading Program: Final rule, published March 1, 2011, effective March 1, 2011
[TEXT]
The Environmental Protection Agency removes codification of a State Implementation Plan (SIP) approval vacated by the U.S. Court of Appeals for the Sixth Circuit in a decision dated June 5, 2009. This relates to Ohio rule revisions concerning 240 allowances under the Nitrogen Oxides Budget Trading Program added to the SIP by the EPA rulemaking dated Feb. 13, 2008. This final rule conforms the codification of the SIP to the decision by the U.S. Court of Appeals for the Sixth Circuit in Buckeye Power, Inc. v. EPA.
Approval and promulgation of implementation plans, state of Missouri: Direct final rule, published March 1, 2011, effective May 2, 2011, without further notice, unless adverse comment is received by March 31, 2011
[TEXT]
The Environmental Protection Agency approves revisions to the Missouri State Implementation Plan (SIP) submitted April 10, 2009. The revision includes two new rules which implement restrictions on the idling of heavy duty diesel vehicles in the Kansas City Metropolitan Area and in the St. Louis Ozone Nonattainment Area. The EPA approves this revision because the standards and requirements set by the rules will strengthen the Missouri SIP.
PROPOSED REGULATIONS
Approval and promulgation of implementation plans, state of Missouri: Proposed rule, published March 1, 2011, written comments by March 31, 2011
[TEXT]
The Environmental Protection Agency proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Missouri to add two new rules which implement restrictions on the idling of heavy duty diesel vehicles in the Kansas City Metropolitan Area and in the St. Louis Ozone Nonattainment Area. The EPA proposes this revision because the standards and requirements set by the rules will strengthen the Missouri SIP.
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DEPARTMENT OF THE INTERIOR (DOI)
NEWLY PUBLISHED REGULATIONS
BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION AND ENFORCEMENT (BOEMRE)
Oil and gas and sulphur operations in the Outer Continental Shelf, safety and environmental management systems, public workshop: Notice, public workshop March 15, 2011, from 9 a.m. to 1 p.m., published March 1, 2011
[TEXT]
The Bureau of Ocean Energy Management, Regulation and Enforcement announces a workshop to discuss the new regulatory requirements for operators to develop and implement Safety and Environmental Management Systems for oil and gas and sulphur operations in the Outer Continental Shelf. This workshop is designed to provide an overview and background of the final rule, review and summarize responses to frequently asked questions, receive and respond to new questions regarding implementation, and describe the agency audit methodologies for compliance reviews.
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FISH AND WILDLIFE SERVICE (USFWS)
Endangered and threatened wildlife and plants, designation of critical habitat for Carex lutea (Golden Sedge): Final rule, published March 1, 2011, effective March 31, 2011
[TEXT][PDF]
The U.S. Fish and Wildlife Service designates critical habitat for the Carex lutea (golden sedge) under the Endangered Species Act. In total, approximately 202 acres (82 hectares) in 8 units in Onslow and Pender Counties, N.C. fall within the boundaries of the critical habitat designation.
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LAW AND CRIME:
DEPARTMENT OF JUSTICE (DOJ)
NEWLY PUBLISHED REGULATIONS
DRUG ENFORCEMENT ADMINISTRATION (DEA)
Schedules of controlled substances, temporary placement of five synthetic cannabinoids into Schedule I: Final order, published March 1, 2011, effective March 1, 2011
[TEXT]
To avoid an imminent hazard to the public safety, the Drug Enforcement Administration issues a final order to temporarily place five synthetic cannabinoids into the Controlled Substances Act under the temporary scheduling provisions. The substances are 1-pentyl-3-(1-naphthoyl)indole (JWH-018), 1-butyl-3-(1-naphthoyl)indole (JWH-073), 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200), 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497), and 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol; CP-47,497 C8 homologue). As a result of this order, the full effect of the Controlled Substances Act and its implementing regulations including criminal, civil and administrative penalties, sanctions and regulatory controls of Schedule I substances are to be imposed on the manufacture, distribution, possession, importation and exportation of these synthetic cannabinoids.
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PRISONS BUREAU (BOP)
Inmate Discipline Program, special housing units: Final rule, delay of effective date, published March 1, 2011, effective March 1, 2011
[TEXT]
The Bureau of Prisons delays the effective date of the final rule that appeared in the Dec. 8, 2010 Federal Register and the subsequent correction which appeared in the Dec. 29, 2010 Federal Register. The new effective date for both actions is June 20, 2011.
PROPOSED REGULATIONS
Reducing regulatory burden, retrospective review under Executive Order 13563: Request for information, published March 1, 2011, written comments postmarked and electronic comments submitted by midnight Eastern Time March 31, 2011
[TEXT]
As part of its implementation of Executive Order 13563, “Improving Regulation and Regulatory Review,” issued Jan. 18, 2011 by the President, the Department of Justice seeks comments and information from interested parties to assist it in reviewing its existing regulations to determine whether any such regulations should be modified, streamlined, expanded or repealed. The review is to make the agency’s regulatory program more effective and less burdensome in achieving its regulatory objectives.
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MONEY:
TREASURY (USDT)
NEWLY PUBLISHED REGULATIONS
FISCAL SERVICE (OFS)
Sale and issue of marketable book-entry treasury bills, notes, and bonds, minimum interest rate: Final rule, published March 1, 2011, effective April 1, 2011
[TEXT]
The Bureau of the Public Debt, Fiscal Service amends the Department of the Treasury's marketable securities auction rules to establish a minimum interest rate of 1/8 of one percent for all new Treasury note and bond issues.
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NATIONAL SECURITY:
DEFENSE (DoD)
PROPOSED REGULATIONS
DEFENSE ACQUISITION REGULATIONS SYSTEM (DARS)
Defense Federal Acquisition Regulation Supplements, Reporting of Government–Furnished Property: Notice of public meeting on proposed rule, published March 1, 2011, public meeting 1 p.m. to 4 p.m. DST March 18, 2011
[TEXT]
The Defense Acquisition Regulations System proposes to amend the Defense Federal Acquisition Regulation Supplement to revise and expand reporting requirements for government-furnished property to include items uniquely and non-uniquely identified, and to clarify policy for contractor access to government supply sources. The agency is to host a public meeting 1 p.m. to 4 p.m. DST March 18, 2011 to discuss the proposed rule. Attendees should register for the public meeting at least one week in advance, and identity whether they want to speak. Speakers are limited to a 10-minute presentation per company or organization.
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TRANSPORTATION
TRANSPORTATION (DOT)
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Sikorsky Aircraft Corporation Model S–76A, S–76B, and S–76C helicopters modified by Supplemental Type Certificate SR09211RC: Notice of proposed rulemaking, published March 1, 2011, comments by May 2, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) is prompted by an incident involving a Sikorsky Aircraft Corporation S-76 model helicopter with a certain life raft deployment system (LRDS) installed per Supplemental Type Certificate (STC) SR09211RC that occurred where the handle bent prior to the life raft deploying, and this prohibited the crew from successfully deploying and using the life raft. It was determined that the handle in this incident was not manufactured to the approved Type Design. This proposed AD would require actions intended to prevent the bending of the handle, which could result in failure of the life raft to deploy. This failure could lead to loss of access to the life raft after an emergency ditching on water.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for all Sikorsky S-76 model helicopters with a certain LRDS installed per STC SR09211RC. This proposed AD would require removing and replacing the pilot or co-pilot life raft deployment handle on the left side of the “broom closet” of the helicopter.
Proposed legal interpretation: Proposed interpretation, published March 1, 2011, comments by May 2, 2011
[TEXT]
The Federal Aviation clarifying the application of flight time limitations and rest requirements in 14 CFR 121.481 and 121.483 for pilots operating in flag operations as part of a two-pilot crew and as part of a two-pilot crew and one additional flightcrew member during a seven-day period.