COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Feb. 6, 2012
AGRICULTURE:
AGRICULTURE (USDA)
NEWLY PUBLISHED REGULATIONS
Agriculture acquisition regulation, labor law violations, withdrawal: Proposed rule withdrawal Feb. 6, 2012, published Feb. 6, 2012
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The Office of Procurement and Property Management of the Department of Agriculture withdraws the Dec. 1, 2011 proposed rule adding a new clause to the Agriculture Acquisition Regulation at subpart 422.70 entitled “Labor Law Violations” that would have a contractor certify upon accepting a contract that it is in compliance with all applicable labor laws and that, to the best of its knowledge, its subcontractors of any tier, and suppliers, are also in compliance with all applicable labor laws.
PROPOSED REGULATIONS
Agriculture acquisition regulation, labor law violations, withdrawal:Proposed rule withdrawal Feb. 6, 2012, published Feb. 6, 2012
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The Office of Procurement and Property Management of the Department of Agriculture withdraws the Dec. 1, 2011 proposed rule adding a new clause to the Agriculture Acquisition Regulation at subpart 422.70 entitled “Labor Law Violations.”
AGRICULTURAL MARKETING SERVICE (AMS)
National Organic Program, proposed amendment to the National List of Allowed and Prohibited Substances, Livestock: Proposed rule, published Feb. 6, 2012, comments by April 6, 2012
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The Agricultural Marketing Service proposes to amend the U.S. Department of
Agriculture's National List of Allowed and Prohibited Substances to address a recommendation submitted to the Secretary of Agriculture by the National Organic Standards Board (NOSB) April 29, 2010. Consistent with the recommendation from the NOSB, this proposed rule would revise the annotation for one substance on the National List, methionine, to reduce the maximum levels currently allowed in organic poultry production after Oct. 1, 2012. This proposed rule would permit the use of synthetic methionine at the following maximum levels per ton of feed after Oct. 1, 2012: laying and broiler chickens--2 pounds; turkeys and all other poultry--3 pounds. This action also proposes to correct the Chemical Abstract Service numbers for the currently allowable forms of synthetic methionine and requests comments on these changes.
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COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Endangered and threatened wildlife and plants, threatened and endangered status for distinct population segments of Atlantic sturgeon in the Northeast Region:Final rule, published Feb. 6, 2012, effective April 6, 2012
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The National Marine Fisheries Service issues a final determination to list the Gulf of Maine distinct population segment of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) as a threatened species under the Endangered Species Act, and the New York Bight and Chesapeake Bay distinct population segments of Atlantic sturgeon as endangered species under the act. The NMFS has proposed protective regulations for the Gulf of Maine distinct population segment in a separate June 10, 2011 rulemaking. The NMFS requests information that may be relevant to the designation of critical habitat for all three distinct population segments in the Northeast Region.
Endangered and threatened wildlife and plants, final listing determinations for two distinct population segments of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus: Final rule, published Feb. 6, 2012, effective April 6, 2012
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The National Marine Fisheries Service issues a final determination to list the Carolina and South Atlantic distinct population segments of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) as endangered under the Endangered Species Act.
PROPOSED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Marine recreational fisheries of the United States, National Saltwater Angler Registry and State Exemption Program: Proposed rule, published Feb. 6, 2012, comments by April 6, 2012
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The National Marine Fisheries Service proposes to amend the regulations that implement Section 401(g) of the Magnuson-Stevens Fishery Conservation and Management Act. The amendments would eliminate duplicative permitting and registration requirements for holders of Main Hawaiian Islands Non-commercial Bottomfish Permits, allow states that exempt minors under the age of 17 from the state license or registration requirements to be eligible for Exempted State designation, allow the U.S. Virgin Islands to be designated as an Exempted State under the qualifying regional survey option of the rule and clarify and update various provisions of the rule.
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ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Approval and promulgation of implementation plans, New Hampshire, Prevention of Significant Deterioration, Greenhouse Gas Permitting Authority and Tailoring Rule: Final rule, published Feb. 6, 2012, effective March 7, 2012
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The Environmental Protection Agency approves revisions to the New Hampshire State Implementation Plan (SIP), submitted by the New Hampshire Department of
Environmental Services to the EPA Feb. 7, 2011. The SIP revision modifies New Hampshire's Prevention of Significant Deterioration (PSD) program to establish appropriate emission thresholds for determining which new stationary sources and modification projects become subject to New Hampshire's PSD permitting requirements for their greenhouse gas (GHG) emissions. The EPA proposed approval of these regulatory revisions June 14, 2011, and received no comments. This action affects major stationary sources in New Hampshire that have GHG emissions above the thresholds established in the PSD regulations.
Approval and promulgation of implementation plans, North Carolina, Section 110(a)(1) and (2) infrastructure requirements for the 1997 8-hour ozone National Ambient Air Quality Standards: Final rule, published Feb. 6, 2012, effective March 7, 2012
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The Environmental Protection Agency approves in part and conditionally approves in part, the State Implementation Plan (SIP) submission, submitted by North Carolina, as demonstrating that North Carolina meets the SIP requirements of Sections 110(a)(1) and (2) of the Clean Air Act for the 1997 8-hour ozone national ambient air quality standards (NAAQS). With the exception of sub-element 110(a)(2)(E)(ii),
North Carolina's infrastructure submission, provided to the EPA Dec. 12, 2007, and clarified in a subsequent submission submitted June 20, 2008, addresses all the required infrastructure elements for the 1997 8-hour ozone NAAQS.
Approval and promulgation of implementation plans, Georgia, 110(a)(1) and (2) infrastructure requirements for the 1997 8-hour ozone National Ambient Air Quality Standards: Final rule, published Feb. 6, 2012, effective March 7, 2012
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The Environmental Protection Agency approves the State Implementation Plan (SIP) submission, submitted by Georgia, as demonstrating that Georgia meets the SIP requirements of Sections 110(a)(1) and (2) of the Clean Air Act for the 1997 8-hour ozone national ambient air quality standards.
Federal Implementation Plans for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin and determination for Kansas regarding Interstate transport of ozone, effect of stay of transport rule: Notice of Intent, published Feb. 6, 2012, effective Feb. 6, 2012
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A Dec. 30, 2011 order of the U.S. Court of Appeals for the District of Columbia Circuit stayed the Transport Rule, also known as the Cross State Air Pollution Rule. This action describes the Environmental Protection Agency's interpretation of the effect of the Court's stay on the federal implementation plans finalized by the EPA Dec. 15, 2011, which included the conclusion that Iowa, Kansas, Michigan, Missouri, Oklahoma, and Wisconsin significantly contribute to nonattainment or interfere with maintenance of the 1997 ozone National Ambient Air Quality Standards in other states and required sources in five states to comply with the Transport Rule's ozone season NOX trading program.
Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District: Final rule, published Feb. 6, 2012, effective March 7, 2012
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The Environmental Protection Agency finalizes approval of revisions to the San Joaquin Valley Unified Air Pollution Control District part of the California State Implementation Plan. These revisions were proposed in the Sept. 12, 2011 Federal Register regarding volatile organic compound emissions from polyester resin operations.
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DEPARTMENT OF THE INTERIOR (DOI)
NEWLY PUBLISHED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
Change of addresses for regional offices, addition of one new address, and correction of names of House and Senate Committees we must notify: Final rule, technical amendment, published Feb. 6, 2012, effective Feb. 6, 2012
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The U.S. Fish and Wildlife Service revises its rights-of-way general regulations, to update or add addresses of several Service Regional Offices, and to correct the names of the House and Senate Committees it must notify upon receipt of an application for a right-of-way for an oil and gas pipeline 24 inches or more in diameter and again before granting a right-of-way.
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GOVERNMENT:
PRESIDENTIAL DOCUMENTS
EXECUTIVE ORDERS
Continuation of the National Emergency With Respect to the Situation in or in Relation to Côte d'Ivoire, Notice of February 3, 2012, Published Feb. 6, 2012
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President Barack Obama has extended for 1 year a national emergency to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the situation in or in relation to Côte d'Ivoire. The president also extends related measures blocking the property of certain persons contributing to the conflict in Côte d'Ivoire.
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HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
NEWLY PUBLISHED REGULATIONS
Guidelines for determining probability of causation under the Energy Employees Occupational Illness Compensation Program Act of 2000, revision of guidelines on non-radiogenic cancers: Final rule, published Feb. 6, 2012, effective March 7, 2012
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In a notice of proposed rulemaking published in the March 21, 2011 Federal Register, the Department of Health and Human Services proposed to treat chronic lymphocytic leukemia (CLL) as a radiogenic cancer under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Under this final rule, CLL is treated as potentially caused by radiation and hence as potentially compensable under the EEOICPA. The agency reverses its decision to exclude CLL from such treatment.
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FOOD AND DRUG ADMINISTRATION (FDA)
Exceptions or alternatives to labeling requirements for products held by the Strategic National Stockpile: Final rule, published Feb. 6, 2012, effective Feb. 6, 2012
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The Food and Drug Administration adopts as a final rule, without change, the interim final rule that issued regulations permitting agency Center Directors to grant exceptions or alternatives to certain regulatory labeling requirements applicable to human drugs, biological products, or medical devices included or will be included in the Strategic National Stockpile.
New animal drugs, change of sponsor, chlortetracycline powder: Final rule, published Feb. 6, 2012, effective Feb. 6, 2012
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The Food and Drug Administration amends the animal drug regulations to reflect a change of sponsor for an abbreviated new animal drug application for chlortetracycline soluble powder from Teva Animal Health, Inc., to Quo Vademus, LLC.
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LAW AND CRIME:
DEPARTMENT OF JUSTICE (DOJ)
NEWLY PUBLISHED REGULATIONS
ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES BUREAU (ATF)
Importation of arms, ammunition and implements of war and machine guns, destructive devices, and certain other firearms, extending the term of import permits (2010R-26P): Notice of proposed rulemaking, published Feb. 6, 2012, written comments postmarked by and electronic comments submitted by midnight Eastern Time May 7, 2012
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The Department of Justice proposes to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms and Explosives to extend the term of import permits for firearms, ammunition and defense articles from 1 year to 2 years. The additional time is to allow importers sufficient time to complete the importation of the authorized commodity, and eliminate the need for the importer to submit a new import application, ATF Form 6, where the importation was not completed within the 1-year period.
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NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
Establishment of the Global Entry Program: Final rule, published Feb. 6, 2012, effective March 7, 2012
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The U.S. Customs and Border Protection adopts, with some changes, a Nov. 19, 2009 notice of proposed rulemaking, which proposed establishing an international trusted traveler program called Global Entry. This voluntary program allows the agency to expedite clearance of pre-approved, low-risk air travelers arriving in the United States. This final rule establishes Global Entry as an ongoing voluntary regulatory program.
PROPOSED REGULATIONS
COAST GUARD (USCG)
Security zones, Seattle’s Seafair Fleet Week moving vessels, Puget Sound, Washington: Notice of proposed rulemaking, published Feb. 6, 2012, comments by May 7, 2012
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The U.S. Coast Guard proposes to establish security zones around designated participating vessels not protected by the Naval Vessel Protection Zone in Seattle’s Seafair Fleet Week, while those vessels are in the Sector Puget Sound Captain of the Port zone. The agency names designated participating vessels each year prior to the event in a Federal Register notice, as well as the Local Notice to Mariners.
Special anchorage areas, Port of New York, New York: Notice of proposed rulemaking, published Feb. 6, 2012, comments by April 6, 2012, public meeting requests by Feb. 27, 2012
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The U.S. Coast Guard proposes to establish two special anchorage areas along the Hudson River near Manhattan at the 79th Street Boat Basin, establish two special anchorage areas on Sandy Hook Bay at Atlantic Highlands, N.J., disestablish the western special anchorage area in Sheepshead Bay, N.Y., and disestablish the
Captain of the Port New York Commercial Mooring Buoy permit regulations and table displaying the mooring anchor, chain, and pendant requirements. This proposed action is to provide safe and secure anchorages for vessels not more than 65 feet in length.
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SOCIAL SECURITY:
SOCIAL SECURITY (SSA)
PROPOSED REGULATIONS
New medical criteria for evaluating language and speech disorders:Advance Notice of Proposed Rulemaking, published Feb. 6, 2012, comments by April 6, 2012
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The Social Security Administration is considering whether to propose new rules for evaluating language and speech disorders applicable to disability claims involving language and speech disorders in adults and children, under Titles II and XVI of the Social Security Act. The agency requests comments regarding whether these new rules should be established, and suggestions about what the proposed rules should include.
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TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Amendment of Class C airspace, Springfield, Missouri, Lincoln, Nebraska, Grand Rapids, Michigan: Final rule, technical amendment, published Feb. 6, 2012, effective 0901 UTC, April 5, 2012