Courthouse News Service s15

COURTHOUSE NEWS SERVICE

Federal Regulation Brief

May 18, 2011

AGRICULTURE:

AGRICULTURE (USDA)

PROPOSED REGULATIONS

RURAL UTILITIES SERVICE (RUS)

Electric engineering, architectural services, design policies and construction standards: Proposed rule, published May 17, 2011, written comments received or postmarked by July 18, 2011

[TEXT]

The Rural Utilities Service proposes to amend the contract threshold amounts that require borrowers to use certain agency contract forms and to amend the contract dollar amounts that require RUS review of contracts prior to the contract being effective. Also, the agency proposes to raise the threshold amounts requiring RUS borrowers to use certain required procurement methods for materials, equipment and contract services that otherwise would require RUS prior approval. The changes in the threshold amounts would reduce the number of contracts reviewed by the agency.

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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 northeastern U.S., northeast skate complex fishery, Framework Adjustment 1: Final rule, published May 17, 2011, effective May 17, 2011

[TEXT]

The National Marine Fisheries Service implements approved measures in Framework Adjustment 1 to the northeast skate complex fishery management plan. Framework Adjustment 1 was developed by the New England Fishery Management Council to adjust the possession limits for the skate wing fishery to slow the rate of skate wing landings, so that the available total allowable landings limit is taken by the fishery over a longer duration in the fishing year than occurred in fishing year 2010, thus ensuring a steady market supply. The action also allows vessels that process skate wings at sea to land skate carcasses for sale into the bait market, without counting the carcass landings against the total allowable landings (skate wings are already converted to live weight for monitoring). Although recommended by the Council as part of Framework 1, this final rule announces that the agency has disapproved a proposed increase to the incidental possession limit for skate wings that would apply after the skate wing possession limit trigger is reached. This final rule does not adjust the skate fishery specifications for fishing year 2011.

PROPOSED REGULATIONS

NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION (NOAA)

Endangered and threatened wildlife and plants, requirements to publish textual descriptions of boundaries of critical habitat: Proposed rule, published May 17, 2011, comments by July 18, 2011, electronic comments by 11:59 p.m. Eastern Standard Time July 18, 2011

[TEXT]

The U.S. Fish and Wildlife Service, Interior, and the National Marine Fisheries Service, Commerce, propose to revise regulations regarding the publication of textual descriptions of proposed and final critical habitat boundaries in the Federal Register for codification in the Code of Federal Regulations. In the interest of making the process of designating critical habitat more efficient, cost effective and user-friendly for affected parties, including the agencies and the public, the agencies propose to maintain the publication of maps of proposed and final critical habitat designations, but to make optional the inclusion of any textual description of the boundaries of the designation in the Federal Register for codification in the Code of Federal Regulations. The boundaries of critical habitat as mapped or otherwise described in the Regulation Promulgation section of a rulemaking published in the Federal Register will be the official delineation of the designation, and the agencies will continue to provide the public with additional tools, such as interactive maps and additional descriptions, on both of the agencies’ internet sites, at Regulations.gov and at local field offices that will represent the agencies’ interpretation of which areas are covered by the designation. The agencies undertake this effort as part of the agencies’ response to Executive Order 13563 (Jan. 18, 2011) directing agencies to review their existing regulations and, among other things, to modify or streamline them in accordance with what has been learned.

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COMMUNICATION (FCC)

PROPOSED REGULATIONS

Acceleration of broadband deployment by improving policies regarding public rights of way and wireless facilities siting: Notice of inquiry, published May 17, 2011, comments by July 18, 2011, reply comments by Aug. 30, 2011

[TEXT]

The Federal Communications Commission seeks to work with stakeholders including state and local governments, other federal agencies, tribal governments, consumer advocates and the private sector to identify means of improving rights of way policies and wireless facilities siting requirements. Policies for managing rights of way and siting wireless facilities, including the procedures and costs for acquiring permission to build, affect how long it takes and how much it costs to deploy broadband. By working together with other interested parties on these issues, the agency can reduce the costs and time required for broadband deployment, both fixed and mobile, which will help unleash private investment in infrastructure, increase efficient use of scarce public resources (including spectrum) and increase broadband adoption.

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EMPLOYMENT

LABOR (DOL)

PROPOSED REGULATIONS

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

Occupational injury and illness recording and reporting requirements: Notice of limited reopening of rulemaking record, published May 17, 2011, comments by June 16, 2011

[TEXT]

The Occupational Safety and Health Administration reopens the rulemaking record to allow interested persons, particularly small businesses, to comment on the information gathered and on issues raised during the small business teleconferences the agency and the Small Business Administration's Office of Advocacy co-sponsored April 11-12, 2011. The teleconferences were to gather information from small businesses about their experiences recording work-related musculoskeletal disorders (MSDs) and how they believe they would be impacted by the OSHA's proposed rule to revise its Recordkeeping regulations to restore a column on the OSHA 300 Log that employers would have to check if a case they already are required to record is an MSD. The record will remain open for 30 days for comment on these limited issues.

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ENVIRONMENT, ENERGY & RESOURCES:

ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

National emission standards for hazardous air pollutants, Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants: Denial in part and grant in part of petitions to reconsider, published May 17, 2011, effective May 17, 2011

[TEXT]

The Environmental Protection Agency denies in part and granting in part the petitions to reconsider the final revised National Emission Standards for Hazardous Air Pollutants emitted by the Portland Cement Industry and the New Source Performance Standards for Portland Cement Plants issued under Sections 112(d) and 111(b) of the Clean Air Act, respectively. The EPA also denies all requests that the EPA issue an administrative stay of the National Emission Standards for Hazardous Air Pollutants and the New Source Performance Standards.

PROPOSED REGULATIONS

Approval of air quality implementation plans, Ohio and West Virginia, determinations of attainment of the 1997 annual fine particle standard for four nonattainment areas: Proposed rule, published May 17, 2011, comments by June 16, 2011

[TEXT]

The Environmental Protection Agency proposes to make two determinations regarding the fine particle (PM2.5) nonattainment areas of Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-Weirton (Areas). First, the EPA proposes to determine that these Areas have attained the 1997 annual average PM2.5 National Ambient Air Quality Standard (NAAQS) under the Clean Air Act. This proposed determination of attainment is based upon complete, quality-assured, and certified ambient air monitoring data for the 2007-2009 period showing that the areas have monitored attainment of the annual PM2.5 NAAQS. The EPA also evaluated incomplete data from this period from other monitors in the Cleveland-Akron area, as well as complete preliminary quality-assured data available to date for 2010. The EPA believes these data support the determination that the Areas have attained the 1997 annual PM2.5 NAAQS. If this proposed determination is made final, the requirements for these Areas to submit an attainment demonstration, associated reasonably available control measures to include reasonably available control technology, a reasonable further progress plan, contingency measures, and other planning State Implementation Plan revisions related to attainment of the 1997 annual PM2.5 NAAQS shall be suspended for so long as the Areas continue to attain the 1997 annual PM2.5 NAAQS. Second, the EPA also proposes to determine, based on quality-assured and certified monitoring data for the 2007-2009 monitoring period, that these Areas have attained the 1997 annual PM2.5 NAAQS by the applicable attainment date of April 5, 2010.

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DEPARTMENT OF THE INTERIOR (DOI)

PROPOSED REGULATIONS

FISH AND WILDLIFE SERVICE (USFWS)

[TEXT]

The U.S. Fish and Wildlife Service, Interior, and the National Marine Fisheries Service, Commerce, propose to revise regulations regarding publishing textual descriptions of proposed and final critical habitat boundaries in the Federal Register for codification in the Code of Federal Regulations. In the interest of making the process of designating critical habitat more user-friendly for affected parties, the public as a whole, and the agencies, as well as more efficient and cost effective, the agencies propose to maintain the publication of maps of proposed and final critical habitat designations, but make optional the inclusion of any textual description of the boundaries of the designation in the Federal Register for codification in the Code of Federal Regulations. The boundaries of critical habitat as mapped or otherwise described in the Regulation Promulgation section of a rulemaking published in the Federal Register will be the official delineation of the designation, and the agencies will continue to provide the public with additional tools, such as interactive maps and additional descriptions, on both of the agencies’ internet sites, Regulations.gov, and at local field offices that will represent the agencies’ interpretation of which areas are covered by the designation. The agencies undertake this effort as part of the agencies' response to Executive Order 13563 (Jan. 18, 2011) directing agencies to review their existing regulations and, inter alia, to modify or streamline them in accordance with what has been learned.

NATIONAL PARK SERVICE (NPS)

Special Regulations, Areas of the National Park System, Mammoth Cave National Park: Proposed rule, published May 17, 2011, comments by July 18, 2011

[TEXT]

The National Park Service proposes to designate four bicycle routes within Mammoth Cave National Park. This proposed rule is to implement parts of the park's Comprehensive Trail Management Plan and the requirements of the NPS general regulations require a special regulation be issued to allow off-road bicycle use on routes outside of developed park areas. Authorizing routes for bicycling will address the significant interest of the visiting public for bicycling in the park. This proposed rule would allow bicycle use on a new Connector Trail near Maple Springs; the Big Hollow Trail, a new bike trail in the hilly country of the park north of the Green River; the nine-mile Mammoth Cave Railroad Bike & Hike Trail; and the White Oak Trail.

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NUCLEAR REGULATORY COMMISSION (NRC)

PROPOSED REGULATIONS

Domestic licensing of source material, amendments/integrated safety analysis: Proposed rule, published May 17, 2011, comments specific to the proposed rule and draft guidance document by Aug. 1, 2011, comments specific to the information collection aspects of this rule by June 16, 2011

[TEXT]

The U.S. Nuclear Regulatory Commission proposes to amend its regulations by adding additional requirements for source material licensees that possess significant quantities of uranium hexafluoride (UF6). The proposed amendments would require such licensees to conduct integrated safety analyses (ISAs) similar to the ISAs performed by 10 CFR Part 70 licensees; set possession limits for UF6 for determining licensing authority (NRC or Agreement States); add defined terms; add an additional evaluation criterion for applicants who submit an evaluation in lieu of an emergency plan; require the NRC to perform a backfit analysis under specified circumstances; and make administrative changes to the structure of the regulations. The proposed ISA requirements would not apply to facilities currently undergoing decommissioning under the current regulations.

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HEALTH:

HEALTH AND HUMAN SERVICES (HHS)

NEWLY PUBLISHED REGULATIONS

FOOD AND DRUG ADMINISTRATION (FDA)

Compliance policy guides, surgeons' gloves and patient examination gloves, defects, criteria for direct reference seizure: Notice of availability, published May 17, 2011, electronic or written comments at any time

[TEXT]

The Food and Drug Administration announces the availability of Compliance Policy Guide Section 335.700, Surgeons' Gloves and Patient Examination Gloves; Defects--Criteria for Direct Reference Seizure. The guide, originally issued in 1991, provides guidance to agency staff on the submission of seizure recommendations for medical gloves that exceed the defect levels in FDA regulations. The guide has been revised to remove an appendix that became obsolete when the regulations were amended, and to make other minor changes for clarity and consistency with the amended regulation.

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MONEY:

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)

PROPOSED REGULATIONS

Retail foreign exchange transactions: Notice of proposed rulemaking, published May 17, 2011, comments by June 16, 2011

[TEXT]

The Federal Deposit Insurance Corporation proposes regulations that would impose requirements for foreign currency futures, options on futures, and options that an insured depository institution supervised by the agency engages in with retail customers. Under Section 742(c) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, such transactions will be prohibited as of July 16, 2011, in the absence of the proposed requirements. The proposed regulations would also impose requirements on other foreign currency transactions functionally or economically similar to futures, options on futures, or options. These similar transactions include so-called “rolling spot” transactions that an individual enters into with a foreign currency dealer, usually through the internet or other electronic platform, to transact in foreign currency. The regulations would not apply to traditional foreign currency forwards or spot transactions that a depository institution engages in with business customers to hedge foreign exchange risk.