COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Nov. 28, 2011
COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Western Pacific pelagic fisheries, Hawaii shallow-set pelagic longline fishery reaches the annual limit on sea turtle interactions: Temporary rule, fishery closure, published Nov. 25, 2011, effective 9:33 a.m. Hawaii-Aleutian Standard Time Nov. 18 through Dec. 31, 2011
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The National Marine Fisheries Service closes the shallow-set pelagic longline fishery north of the equator for all vessels registered under the Hawaii longline limited access program. The shallow-set fishery has reached the 2011 limit on physical interactions with sea turtles, so the fishery is closed for the remainder of the calendar year.
PROPOSED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Endangered and threatened wildlife, 90-day finding on a petition to list the scalloped hammerhead shark as threatened or endangered under the Endangered Species Act: 90-day petition finding, request for information, and initiation of status review, published Nov. 28, 2011, information and comments by Jan. 27, 2012
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After a 90-day review, the National Marine Fisheries Service announces that the petition to list the scalloped hammerhead shark (Sphyrna lewini) or, in the alternative, multiple distinct population segments of the scalloped hammerhead shark as threatened or endangered under the Endangered Species Act provides substantial scientific or commercial information indicating that the petitioned action may be warranted. The agency now begins a status review, and requests scientific and commercial data on the species.
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COMMUNICATION (FCC)
NEWLY PUBLISHED REGULATIONS
Digital low power television, television translator and television booster stations, and to amend rules for digital Class A television stations: Final rule, announcement of effective date, published Nov. 28, 2011, effective Nov. 28, 2011
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The Federal Communications Commission announces that the Office of Management and Budget has approved, for a period of three years, the information collection requirements contained in a July 27, 2011 final rule.
PROPOSED REGULATIONS
FM asymmetric sideband operation and associated technical studies: Proposed rule, published Nov. 28, 2011, comments by Dec. 19, 2011, reply comments by Jan. 3, 2012
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The Federal Communications Commission requests comments on a private party request that the agency authorize voluntary asymmetric digital sideband power for FM stations. This action establishes a period for public comments on this request and on two related technical reports.
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FEDERAL TRADE COMMISSION (FTC)
PROPOSED REGULATIONS
Disclosures regarding energy consumption and water use of certain home appliances and other products required under the Energy Policy and Conservation Act (Appliance Labeling Rule): Advance notice of proposed rulemaking and public meeting announcement, published Nov. 28, 2011, comments by Jan. 10, 2012, public meeting Dec. 16, 2011
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The Federal Trade Commission is requesting comments on disclosures to help consumers, distributors, contractors and installers to easily determine whether a specific furnace, central air conditioner or heat pump meets the applicable new Department of Energy efficiency standard for the regions where it is to be installed. The agency is requesting comments on the content, location and format of such disclosures. The agency is holding a public meeting with the Department of Energy to discuss possible disclosures.
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ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Approval and promulgation of air quality implementation plans, South Carolina, Negative Declarations for Groups I, II, III and IV Control Techniques Guidelines; and Reasonably Available Control Technology: Direct final rule, published Nov. 28, 2011, effective Jan. 27, 2012 without further notice, unless adverse comments are received by Dec. 28, 2011
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The Environmental Protection Agency approves several State Implementation Plan (SIP) revisions submitted by the South Carolina Department of Health and Environmental Control (SC DHEC). These revisions establish reasonably available control technology requirements for the three major sources in the part of York
County, South Carolina that is within the bi-state Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina 1997 8-hour ozone nonattainment area that either emit volatile organic compounds, nitrogen oxides or both. In addition, South Carolina's SIP revisions include negative declarations for certain source categories for which the EPA has control technique guidelines, meaning that the SC DHEC has concluded that no such sources are in that part of the nonattainment area. The EPA has evaluated the proposed revisions to South Carolina's SIP, and has concluded that they are consistent with statutory and regulatory requirements and EPA guidance.
PROPOSED REGULATIONS
Approval and promulgation of air quality implementation plans, South Carolina, negative declarations for Groups I, II, III and IV Control Techniques Guidelines, and reasonably available control technology: Proposed rule, published Nov. 28, 2011, written comments by Dec. 28, 2011
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The Environmental Protection Agency proposes to approve several State Implementation Plan (SIP) revisions submitted by the South Carolina Department of Health and Environmental Control (SC DHEC). These revisions establish reasonably available control technology requirements for the three major sources in the part of York County, South Carolina that is within the bi-state Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina 1997 8-hour ozone nonattainment area that either emit volatile organic compounds, nitrogen oxides or both. In addition, South Carolina's SIP revisions include negative declarations for certain source categories for which the EPA has control technique guidelines, meaning that the SC DHEC has concluded that no such sources are in that part of the nonattainment area. The EPA has evaluated the proposed revisions to South Carolina's SIP, and has preliminarily concluded that they are consistent with statutory and regulatory requirements and EPA guidance.
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HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
NEWLY PUBLISHED REGULATIONS
CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)
Medicare Program, payment policies under the physician fee schedule, five-year review of work relative value units, Clinical Laboratory Fee Schedule, Signature On Requisition, and other revisions to Part B for CY 2012:Final rule with comment period, published Nov. 28, 2011, effective Jan. 1,
2012, the 3-day payment window policy provisions will be implemented by July 1, 2012, comments by 5 p.m. Eastern Standard Time Jan. 3, 2012
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The Centers for Medicare & Medicaid Services address changes to the physician fee schedule and other Medicare Part B payment policies to ensure the CMS payment systems are updated to reflect changes in medical practice and the relative value of services. It also addresses, implements or discusses certain statutory provisions including provisions of the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act (collectively known as the Affordable Care Act) and the Medicare Improvements for Patients and Providers Act. In addition, this action discusses payments for Part B drugs; Clinical Laboratory Fee Schedule: Signature on Requisition; Physician Quality Reporting System; the Electronic Prescribing Incentive Program; the Physician Resource-Use Feedback Program and the value modifier; productivity adjustment for ambulatory surgical center payment system and the ambulance, clinical laboratory, and durable medical equipment prosthetics orthotics and supplies fee schedules; and other Part B related issues.
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LAW AND CRIME:
DEPARTMENT OF JUSTICE (DOJ)
NEWLY PUBLISHED REGULATIONS
Literacy Program: Final rule, published Nov. 25, 2011, effective Dec. 27, 2011
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The Bureau of Prisons finalizes its Literacy Program regulations, published as an interim rule Sept. 26, 1997. The amendments are for clarification or simplification.
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MONEY:
TREASURY (USDT)
PROPOSED REGULATIONS
Financial Crimes Enforcement Network, amendment to the Bank Secrecy Act regulations-imposition of special measure against the Islamic Republic of Iran as a jurisdiction of primary money laundering concern: Notice of proposed rulemaking, published Nov. 28, 2011, written comments by Jan. 27, 2012
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The Secretary of the Treasury, through his delegate, the Director of the Financial Crimes Enforcement Network (FinCEN), found that reasonable grounds exist for concluding that the Islamic Republic of Iran is a jurisdiction of primary money laundering concern under 31 U.S.C. 5318A. The FinCEN issues this notice of proposed rulemaking to impose a special measure against Iran.
INTERNAL REVENUE SERVICE (IRS)
Passive activity losses and credits limited: Notice of proposed rulemaking, published Nov. 28, 2011, written or electronic comments and requests for a public hearing by Feb. 27, 2012
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The Internal Revenue Service proposes regulations regarding the definition of an “interest in a limited partnership as a limited partner” for determining whether a taxpayer materially participates in an activity under Section 469 of the Internal Revenue Code.
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NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Drawbridge operation regulation, City Waterway also known as the Thea Foss Waterway, Tacoma, Washington: Notice of temporary deviation from regulations, published Nov. 28, 2011, effective 8 a.m. Nov. 14, 2011 to 6 p.m. April 30, 2012
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The U.S. Coast Guard issues a temporary change in the regulation for the operation of the South 11th Street (Murray Morgan) Bridge across City Waterway also known as the Thea Foss Waterway, mile 0.6, at Tacoma, Wash., to perform extensive maintenance and repair work on the bridge. This deviation allows the bridge to remain in the closed position during construction activities.
Safety zone, Truman-Hobbs alteration of the Elgin Joliet & Eastern Railroad Drawbridge, Illinois River, Morris, Illinois: Temporary final rule, published Nov. 28, 2011, effective Nov. 28 to Dec. 9, 2011, effective for enforcement 7 a.m. Nov. 16 to 7 a.m. Dec. 9, 2011
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The U.S. Coast Guard establishes a temporary safety zone on the Illinois River near Morris, Ill., to restrict vessels from part of the Illinois River due to the Truman-Hobbs alteration of the Elgin Joliet & Eastern Railroad Drawbridge, which involves the removal of old bridge piers and pier protection cells.
Safety zones, New Year’s Eve fireworks displays within the Captain of the Port St. Petersburg zone, Florida: Temporary final rule, published Nov. 28, 2011, effective 7 p.m. Dec. 31, 2011 to 1 a.m. Jan. 1, 2012
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The U.S. Coast Guard establishes four temporary safety zones during New Year’s Eve fireworks displays on certain navigable waterways in Naples, St. Petersburg, Cape Coral, and Sarasota, Fla.
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FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
Final flood elevation determinations: Final rule, published Nov. 25, 2011, effective dates complex
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The Federal Emergency Management Agency finalizes Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs for certain communities.
PROPOSED REGULATIONS
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
Proposed flood elevation determinations: Proposed rule, published Nov. 25, 2011, comments by Feb. 23, 2012
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The Federal Emergency Management Agency requests comments on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for certain communities.
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TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Amendment and establishment of Air Traffic Service Routes, Northeast United States: Final rule correction, published Nov. 28, 2011, effective date 0901 UTC, Dec. 15, 2011
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The Federal Aviation Administration corrects a final rule published in the Sept. 19, 2011 Federal Register that amends and establishes nine Air Traffic Service Routes in the Northeast United States. This action provides more accurate latitude/longitude coordinates for one waypoint in the description of area navigation route Q-480.
Amendment of Class D and Class E airspace, Baltimore, Maryland: Final rule, published Nov. 28, 2011, effective 0901 UTC, Feb. 9, 2012
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The Federal Aviation Administration amends Class D and Class E airspace at Baltimore, Md., as the Martin Non-Directional Beacon has been decommissioned and new Standard Instrument Approach Procedures have been developed at Martin State Airport. This action also updates the geographic coordinates of the Baltimore VORTAC and makes a minor adjustment to the geographic coordinates of the airport.
Amendment of Class E Airspace, Luray, Virginia: Final rule, published Nov. 28, 2011, effective 0901 UTC, Feb. 9, 2012
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The Federal Aviation Administration amends Class E Airspace at Luray, Va., to accommodate the new Area Navigation Global Positioning System Standard Instrument Approach Procedures serving Luray Caverns Airport. This action also makes a minor adjustment to the geographic coordinates of the airport.
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FEDERAL RAILROAD ADMINISTRATION
Adjustment of monetary threshold for reporting rail equipment accidents/incidents for calendar year 2012: Final rule, published Nov. 28, 2011, effective Jan. 1, 2012
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The Federal Railroad Administration increases the rail equipment accident/incident reporting threshold from $9,400 to $9,500 for certain railroad accidents/incidents involving property damage that occur during calendar year 2012. This action is to ensure that the agency’s reporting requirements reflect cost increases since December 2010.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, The Boeing Company airplanes: Notice of proposed rulemaking, published Nov. 28, 2011, comments by Jan. 12, 2012
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PURPOSE: The Federal Aviation Administration has received reports of additional crack findings of the fuselage skin at the chem-mill steps in The Boeing Company Model 737-300, -400, and -500 series airplanes. This proposed airworthiness directive (AD) would add inspections for cracking in additional fuselage skin locations, and repair if necessary. This proposed AD would also reduce the inspection thresholds and repetitive intervals for certain airplanes. This proposed AD would require actions intended to detect and correct fatigue cracking of the fuselage skin panels at the chem-mill steps, which could result in sudden fracture and failure of the fuselage skin panels, and consequent rapid decompression of the airplane.
SUMMARY: The FAA proposes to supersede an existing AD that applies to certain The Boeing Company Model 737-300, -400, and -500 series airplanes. The existing AD currently requires repetitive external detailed inspections or non-destructive inspections to detect cracks in the fuselage skin along the chem-mill steps at stringers S-1 and S-2R, between station 400 and STA 460, and repair if necessary.
Airworthiness directives, Empresa Brasileira de Aeronautica S.A. (EMBRAER) airplanes: Notice of proposed rulemaking, published Nov. 28, 2011, comments by Jan. 12, 2012
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PURPOSE: This proposed airworthiness directive (AD) would require actions intended to correct the unsafe condition described in the summary, below.