COURTHOUSE NEWS SERVICE
Federal Regulation Brief
July 8, 2010
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, deep-water species fishery by catcher vessels in the Gulf of Alaska: Temporary rule, closure, published July 7, 2010, effective 1200 hrs. Alaska local time July 1 to 1200 hrs. A.l.t. July 31, 2010
[TEXT]
The National Marine Fisheries Service prohibits directed fishing for species that comprise the deep-water species fishery for catcher vessels subject to sideboard limits established under the Central Gulf of Alaska Rockfish Program in the Gulf of Alaska. This action is because the 2010 Pacific halibut prohibited species catch sideboard limit specified for the deep-water species fishery for catcher vessels subject to sideboard limits established under the Central Gulf of Alaska Rockfish Program in the Gulf of Alaska is insufficient to support directed fishing for the deep-water species fisheries.
Fisheries of the exclusive economic zone off Alaska, deep-water species fishery by catcher/processor rockfish cooperatives in the Gulf of Alaska: Temporary rule, closure, published July 7, 2010, effective 1200 hrs. Alaska local time July 1 to 1200 hrs. A.l.t. July 31, 2010
[TEXT]
The National Marine Fisheries Service prohibits directed fishing for species that comprise the deep-water species fishery by catcher/processor rockfish cooperatives subject to sideboard limits established under the Central Gulf of Alaska Rockfish Program in the Gulf of Alaska. This action is because the 2010 Pacific halibut prohibited species catch sideboard limit specified for the deep-water species fishery by catcher/processor rockfish cooperatives subject to sideboard limits established under the Central Gulf of Alaska Rockfish Program in the Gulf of Alaska is insufficient to support directed fishing for the deep-water species fisheries.
Fisheries of the exclusive economic zone off Alaska, Greenland turbot in the Aleutian Islands subarea of the Bering Sea: Temporary rule, closure, published July 7, 2010, effective 1200 hrs. Alaska local time July 1 to 2400 hrs. A.l.t. Dec. 31, 2010, applicable June 29, 2010
[TEXT]
The National Marine Fisheries Service prohibits directed fishing for Greenland turbot in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area. This action is to prevent exceeding the 2010 Greenland turbot total allowable catch in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area.
Fisheries of the exclusive economic zone off Alaska, northern rockfish and pelagic shelf rockfish for trawl catcher vessels participating in the entry level rockfish fishery: Temporary rule, closure, published July 7, 2010, effective 1200 hrs. Alaska local time July 1 to 1200 hrs. A.l.t. Sept. 1, 2010
[TEXT]
The National Marine Fisheries Service prohibits directed fishing for northern rockfish and pelagic shelf rockfish for trawl catcher vessels participating in the entry level rockfish fishery in the Central Regulatory Area of the Gulf of Alaska. This action is to prevent exceeding the 2010 allocation of northern rockfish and pelagic shelf rockfish allocated to trawl catcher vessels participating in the entry level rockfish fishery in the Central Regulatory Area of the Gulf of Alaska.
Fisheries of the exclusive economic zone off Alaska, northern rockfish, Pacific ocean perch and pelagic shelf rockfish for catcher vessels: Temporary rule, closure, published July 7, 2010, effective 1200 hrs. Alaska local time July 1 to 2400 hrs. A.l.t. Dec. 31, 2010
[TEXT]
The National Marine Fisheries Service prohibits directed fishing for northern rockfish, Pacific ocean perch and pelagic shelf rockfish for catcher vessels participating in the limited access rockfish fishery in the Central Regulatory Area of the Gulf of Alaska. This action is to prevent exceeding the 2010 total allowable catch of northern rockfish, Pacific ocean perch and pelagic shelf rockfish allocated to catcher vessels participating in the limited access rockfish fishery in the Central Regulatory Area of the Gulf of Alaska.
Fisheries of the exclusive economic zone off Alaska, Pacific ocean perch for catcher vessels participating in the rockfish entry level trawl fishery: Temporary rule, closure, published July 7, 2010, effective 1200 hrs. Alaska local time July 3 to 1200 hrs. A.l.t. Sept. 1, 2010
[TEXT]
The National Marine Fisheries Service prohibits directed fishing for Pacific ocean perch by trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the Gulf of Alaska. This action is to prevent exceeding the 2010 directed fishing allowance of Pacific ocean perch for trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the Gulf of Alaska.
Fisheries of the exclusive economic zone off Alaska, shallow-water species fishery by catcher/processors in the Gulf of Alaska: Temporary rule, closure, published July 7, 2010, effective 1200 hrs. Alaska local time July 1 to 1200 hrs. A.l.t. July 31, 2010
[TEXT]
The National Marine Fisheries Service prohibits directed fishing for species that comprise the shallow-water species fishery for catcher/processors subject to sideboard limits established under the Central Gulf of Alaska Rockfish Program in the Gulf of Alaska. This action is because the 2010 Pacific halibut prohibited species catch sideboard limit specified for the shallow-water species fishery for catcher/processors subject to sideboard limits established under the Central Gulf of Alaska Rockfish Program in the Gulf of Alaska is insufficient to support directed fishing for the shallow-water species fisheries.
Fisheries of the northeastern United States, black sea bass fishery, 2010 black sea bass specifications: Temporary rule, emergency action extension, published July 7, 2010, effective Aug. 10 to Dec. 31, 2010
[TEXT]
The National Marine Fisheries Service extends the emergency action to increase the 2010 black sea bass specifications (commercial fishing quota, recreational harvest limit and research set-aside quota) implemented Feb. 10, 2010, for the remainder of the 2010 fishing year, which ends Dec. 31, 2010. This emergency rule extension is to ensure that the revised specifications remain in place for the remainder of the 2010 fishing year. Extending the increase to the 2010 black sea bass total allowable landings is to prevent disruption to the black sea bass fisheries and loss of economic opportunities that would result if the emergency action is allowed to lapse.
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COMMUNICATION (FCC)
PROPOSED REGULATIONS
Wireless radio services, uniform license renewal, discontinuance of operations and geographic partitioning and spectrum disaggregation rules and policies: Proposed rule, published July 7, 2010, comments by Aug. 6, 2010, reply comments by Aug. 23, 2010, written Paperwork Reduction Act comments by Sept. 7, 2010
[TEXT]
The Federal Communications Commission seeks comment on revisions to its rules for license renewals, discontinuance of operations, geographic partitioning and spectrum disaggregation for certain wireless radio services in an effort to update and harmonize its rules.
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ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
PROPOSED REGULATIONS
Clearance and clearance testing requirements for the Renovation, Repair, and Painting Program, lead: Proposed rule, reopening of comment period, published July 7, 2010, comments by Aug. 6, 2010
[TEXT]
The Environmental Protection Agency issued a proposed rule in the May 6, 2010 Federal Register concerning several revisions to the 2008 Lead Renovation, Repair, and Painting Program rule. This action reopens the comment period for an additional 30 days.
Confidentiality determinations for data required under the Mandatory Greenhouse Gas Reporting Rule and proposed amendment to special rules for certain information obtained under the Clean Air Act: Proposed rule, published July 7, 2010, comments by Sept. 7, 2010, public hearing upon request
[TEXT]
The Environmental Protection Agency proposes to determine the confidentiality status of data required to be reported under the Mandatory Greenhouse Gas Reporting Rule. This action describes the data categories the EPA has developed for the Mandatory Greenhouse Gas Reporting Rule data elements and the EPA's proposed confidentiality determination for each category. In addition, this action includes the EPA's proposed amendment to special rules for certain information obtained under the Clean Air Act. The proposed amendment would authorize the EPA to release or withhold as confidential reporting elements in the Mandatory Greenhouse Gas Reporting Rule according to the determinations made in a final action without taking certain additional procedural steps currently required. This action also solicits comments on several key issues related to the proposed confidentiality determinations and amendment.
Declaration of prion as a pest under FIFRA, amendment of EPA's regulatory definition of pests to include prion: Notification to the Secretaries of Agriculture and Health and Human Services, published July 7, 2010
[TEXT]
The Environmental Protection Agency notifies the public that the Administrator of the EPA has forwarded to the Secretaries of Agriculture and Health and Human Services a draft proposed rule under the Federal Insecticide, Fungicide, and Rodenticide Act, declaring a prion (proteinaceous infectious particle) a “pest,” so a product intended to reduce the infectivity of any prion on inanimate surfaces is considered to be a pesticide and regulated as such. Any company seeking to distribute or sell a pesticide product regulated under the act must obtain EPA approval before it can be distributed or sold in the United States.
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LAW AND CRIME:
DEPARTMENT OF JUSTICE (DOJ)
NEWLY PUBLISHED REGULATIONS
DRUG ENFORCEMENT ADMINISTRATION (DEA)
Removal of thresholds for List I chemicals pseudoephedrine and phenylpropanolamine: Final rule, published July 7, 2010, effective Aug. 6, 2010
[TEXT]
The Drug Enforcement Administration removes the thresholds for importation, exportation and domestic distributions of the List I chemicals pseudoephedrine and phenylpropanolamine. This rulemaking is part of the agency’s implementation of the
Combat Methamphetamine Epidemic Act and is to implement the Act’s requirements for import and production quotas and to address the potential diversion of these chemicals. The agency also clarifies that all transactions of drug products containing ephedrine, pseudoephedrine and phenylpropanolamine, except retail transactions, are considered to be regulated transactions.
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NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Regulated navigation area, Niantic Railroad Bridge Construction, Niantic, Connecticut: Temporary interim rule with request for comments, notice of meeting, published July 7, 2010, effective July 7 to April 20, 2013, effective with actual notice for enforcement June 20 to April 20, 2013, comments by Aug. 6, 2010, but accepted and reviewed through April 20, 2013
[TEXT]
The U.S. Coast Guard establishes a regulated navigation area on the navigable waters of the Niantic River Channel under and surrounding the Amtrak Railroad Bridge that crosses Niantic Bay in the town of Niantic, Conn. This temporary interim rule allows the agency to suspend all vessel traffic within the regulated navigation area for construction operations, both planned and unforeseen, that could pose an imminent hazard to vessels operating in the area during the construction of the Niantic Railroad Bridge.
Safety zones, marine events within the Captain of the Port Sector Long Island Sound area of responsibility: Interim rule with request for comments, published July 7, 2010, effective July 7 to 11:59 p.m. Oct. 3, 2010, effective with actual notice for enforcement 8:30 p.m. June 25, 2010, comments by Aug. 23, 2010, public meeting requests by July 28, 2010
[TEXT]
The U.S. Coast Guard establishes 29 safety zones for marine events within the Captain of the Port Sector Long Island Sound area of responsibility for regattas, power boat races and firework displays. Entry into, travel through, mooring or anchoring within these zones is prohibited unless authorized by the Captain of the Port Sector Long Island Sound.
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TRANSPORTATION
TRANSPORTATION (DOT)
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Airbus Model A330-200 and A330-300 series airplanes, and Model A340-200, A340-300, A340-500, and A340-600 series airplanes: Notice of proposed rulemaking, published July 7, 2010, comments by Aug. 23, 2010
[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 Airbus Model A330-200 and A330-300 series airplanes, and Model A340-200, A340-300, A340-500, and A340-600 series airplanes. 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:
Investigation conducted by Thales on probes revealed oil residue between the stator and the rotor parts of the AoA [angle of attack] vane position resolvers. This oil residue was due to incorrect cleaning of the machining oil during the manufacturing process of the AoA resolvers. At low temperatures, this oil residue becomes viscous (typically in cruise) causing lag of AoA vane movement. Such condition could lead to discrepant AoA measurement. If not corrected, and if two or three AoA probes were simultaneously affected and provided wrong indications of the AoA to a similar extent, it could lead to a late activation of the angle of attack protection, which in combination with light at high angle of attack would constitute an unsafe condition.
Airworthiness directives, BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 146 and Avro 146 RJ airplanes: Notice of proposed rulemaking, published July 7, 2010, comments by Aug. 23, 2010
[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 BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 146 and Avro 146 RJ airplanes that would supersede an existing AD. 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:
In June 2000, prompted by a crack found at the top of the NLG [nose landing gear] oleo, BAE Systems (Operations) Ltd issued Inspection Service Bulletin (SB) 32-158. This SB was classified mandatory by the UK [United Kingdom] Civil Aviation Authority under AD number 002-06-2000, requiring repetitive non-destructive testing (NDT) inspections for cracking on the upper end of the NLG oleo. The AD also provided an optional terminating action for the repetitive inspections, by embodiment of Messier-Dowty SB.146-32-150. As part of a recent accident investigation, the examination of a fractured NLG main fitting showed that Messier-Dowty [M-D] SB.146-32-150 had not been accomplished, although the records indicated that it had been. BAE Systems has determined that more NLG units could be similarly affected. These NLG units have been overhauled at Messier Services in Sterling, Virginia, in the United States. This condition, if not corrected, could result in NLG failure. Subsequently, investigation and analysis by M-D has identified the need for a reduction of the inspection threshold and the repetitive inspection interval for the affected NLG units and has replaced M-D SB 146-32-149 with M-D SB 146-32-174.