COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Feb. 22, 2011
COMMERCE:
COMMERCE (DOC)
PROPOSED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the Caribbean, Gulf of Mexico and South Atlantic, snapper–grouper fishery off southern Atlantic states, red snapper management measures: Proposed rule, published Feb. 18, 2011, written comments by March 21, 2011
[TEXT]
The National Marine Fisheries Service proposes to implement a regulatory amendment to the fishery management plan for the snapper-grouper fishery of the South Atlantic Region, as prepared by the South Atlantic Fishery Management Council. This proposed rule would remove the snapper-grouper area closure implemented through Amendment 17A to the fishery management plan to help achieve optimum yield for the fishery and minimize socio-economic impacts to snapper-grouper fishermen, without increasing the risk of the red snapper resource experiencing overfishing.
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EMPLOYMENT
LABOR (DOL)
PROPOSED REGULATIONS
VETERANS EMPLOYMENT AND TRAINING SERVICE (VETS)
Uniform National Threshold Entered Employment Rate for Veterans: Notice of proposed rulemaking, request for comments, published Feb. 18, 2011, comments by April 19, 2011
[TEXT]
Under the Jobs for Veterans Act, the Veterans' Employment and Training Service proposes a rule to implement a uniform national threshold rate a veteran must be paid upon entering employment via state employment service delivery systems.
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ENVIRONMENT, ENERGY & RESOURCES:
DEPARTMENT OF THE INTERIOR (DOI)
PROPOSED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
Migratory birds, Draft Eagle Conservation Plan Guidance: Notice of availability, published Feb. 18, 2011, comments or suggestions by May 19, 2011
[TEXT]
The U.S. Fish and Wildlife Service announces the availability for public comment of draft Eagle Conservation Plan Guidance. The Guidance provides recommendations for agency staff and developers to use an iterative process to avoid and minimize negative effects on eagles and their habitats resulting from the construction, operation and maintenance of land-based, wind energy facilities in the United States.
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HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
NEWLY PUBLISHED REGULATIONS
CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)
Medicare and Medicaid programs, requirements for long-term care (LTC) facilities, facility closure: Interim final rule with comment period, published Feb. 18, 2011, effective March 23, 2011, comments by 5 p.m. April 19, 2011
[TEXT]
The Centers for Medicare & Medicaid Services amend the requirements that a long-term care (LTC) facility must meet to qualify to participate as a skilled nursing facility (SNF) in the Medicare program, or a nursing facility (NF) in the Medicaid program. These requirements implement Section 6113 of the Affordable Care Act to ensure that, among other things, in the case of a LTC facility closure, individuals serving as administrators of a SNF or NF provide written notification of the impending closure and a plan for the relocation of residents at least 60 days prior to the impending closure or, if the Secretary terminates the facility's participation in Medicare or Medicaid, not later than the date the Secretary determines appropriate.
Medicare Program, Home Health Prospective Payment System, rate update for calendar year 2011, changes in certification requirements for home health agencies and hospices: Final rule, correcting amendment, published Feb. 18, 2011, effective Feb. 18, 2011
[TEXT]
The Centers for Medicare & Medicaid Services correct a technical error in a final rule published in the Nov. 17, 2010 Federal Register that described an update to the Home Health Prospective Payment System rates, including: The national standardized 60-day episode rates, the national per-visit rates, the nonroutine medical supply conversion factors, and the low utilization payment amount add-on payment amounts, under the Medicare prospective payment system for home health agencies.
PROPOSED REGULATIONS
FOOD AND DRUG ADMINISTRATION (FDA)
Health claim, phytosterols and risk of coronary heart disease: Extension of enforcement discretion, published Feb. 18, 2011, electronic or written comments by April 19, 2011
[TEXT]
The Food and Drug Administration extends the period of time it intends to exercise enforcement discretion, concerning the use of the health claim for phytosterols and risk of coronary heart disease (CHD), in a manner that is consistent with it’s Feb. 14, 2003, letter of enforcement discretion to Cargill Health and Food Technologies. In the proposed rule for this health claim published in the Dec. 8, 2010 Federal Register, the agency provided a period of 75 days from the date of publication of the proposed rule during which the agency intended to exercise its enforcement discretion for the use of such claim consistent with the 2003 letter. The agency extends this period to Feb. 21, 2012.
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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: Proposed rule, extension of comment period, published Feb. 18, 2011, comments by April 8, 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.
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TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Air Tractor, Inc. Models AT–802 and AT–802A airplanes: Final regulatory flexibility analysis, published Feb. 18, 2011, effective Feb. 18, 2011
[TEXT]
PURPOSE: The Federal Aviation Administration issued Airworthiness Directive (AD) 2010-17-18, which applied to Air Tractor, Inc. Models AT-802 and AT-802A airplanes, without the final regulatory flexibility analysis (FRFA) to immediately address the unsafe condition. This action presents the FRFA for AD 2010-17-18.
SUMMARY: The FAA incorporates the FRFA for AD 2010-17-18, which applied to Air Tractor Models AT-802 and AT-802A airplanes. The FAA has since revised AD 2010-17-18, which requires you to repetitively inspect (using the eddy current method) the two outboard fastener holes in both of the wing main spar lower caps at the center splice joint for cracks and repair or replace any cracked spar, and changes the safe life for certain serial number ranges.
Airworthiness directives, Boeing Co. Model 737–300, –400, and –500 series airplanes: Final rule, published Feb. 18, 2011, effective March 25, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) results from reports of corrosion found on carriage spindles on the outboard trailing edge flaps in Boeing Co. Model 737-300, -400, and -500 series airplanes. This AD requires actions intended to detect and correct corrosion of the carriage spindle, which could result in fracture. Fracture of both the inboard and outboard carriage spindles, in the forward ends through the large diameters, on a flap, could adversely affect the airplane's continued safe flight and landing.
SUMMARY: The Federal Aviation Administration supersedes an existing AD, which applies to all Boeing Co. Model 737-300, -400, and -500 series airplanes. That AD currently requires inspecting to determine if certain carriage spindles are installed, repetitive inspections for corrosion and indications of corrosion on affected carriage spindles, and if necessary, related investigative and corrective actions. That AD also provided an optional action, which, if accomplished stops the need for the repetitive inspections. This new AD mandates the optional action, which eliminates the need for the repetitive inspections.
Amendment of prohibited areas, District of Columbia: Final rule, technical amendment, published Feb. 18, 2011, effective 0901 UTC, May 5, 2011
[TEXT]
The Federal Aviation Administration amends Special Use Airspace Prohibited Area P-56 in the District of Columbia to correct inaccuracies in the description of Area A (P-56A). This amendment does not change the actual geographic position of the prohibited area. The boundary description of Area B (P-56B) is not affected by this action.
Feathering Propeller Systems for Light-Sport Aircraft powered gliders: Final rule, notice of confirmation of March 4, 2011 as effective date for final rule published Jan. 3, 2011, published Feb. 18, 2011
[TEXT]
The Federal Aviation Administration confirms the effective date of the final rule published Jan. 3, 2011, which amends the definition of light-sport aircraft by removing “auto” from the term “autofeathering” as it applies to powered gliders. This amendment allows both manual and autofeathering propeller operation for powered gliders that qualify as light-sport aircraft.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, BURKHART GROB LUFT–UND Model G 103 C Twin III SL gliders: Notice of proposed rulemaking, published Feb. 18, 2011, comments by April 4, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) would require actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for BURKHART GROB LUFT–UND Model G 103 C Twin III SL gliders. This proposed 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:
The in-flight loss of a propeller and pulley wheel from the engine of a Grob G 103 C Twin III SL powered sailplane has been reported.
Grob Aircraft AG suspects that the possible reasons for this loss can be due to an incorrect propeller track (the play at the propeller tip) and/or to a damaged propeller nut securing plate.
Those conditions, if not corrected, could also result in loosening of parts and, consequently could result in damage to the sailplane and possible injury to persons on the ground.
Airworthiness directives, Turbomeca S.A. ARRIEL 2B and 2B1 turboshaft engines: Notice of proposed rulemaking, published Feb. 18, 2011, comments by April 4, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) would require actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for Turbomeca S.A. ARRIEL 2B and 2B1 turboshaft engines. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued 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:
Several cases of Gas Generator (GG) Turbine Blade rupture occurred in service on ARRIEL 2 twin engine applications and recently one on a single engine helicopter. For the case occurring in flight on a single engine helicopter (ARRIEL 2B1 engine), the pilot performed an emergency autorotation, landing the helicopter without further incident.
This AD requires actions intended to prevent rupture of a GG turbine blade, which could result in an uncommanded in-flight shutdown and an emergency autorotation landing or accident.
SURFACE TRANSPORTATION BOARD (STB)
Fees for services: Notice of proposed rulemaking, published Feb. 18, 2011, comments by April 19, 2011, replies by May 19, 2011
[TEXT]
The Surface Transportation Board proposes to amend the regulations for user fees for services to set the fee for certain formal complaints at $350.
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