COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Feb. 25, 2010
AGRICULTURE:
AGRICULTURE (USDA)
NEWLY PUBLISHED REGULATIONS
FOOD AND NUTRITION SERVICE (FNS)
School Food Safety Program Based on Hazard Analysis and Critical Control Point Principles: Final rule, approval of information collection request Dec. 30, 2009, published Feb. 24, 2010
[TEXT]
The final rule entitled School Food Safety Program Based on Hazard Analysis and Critical Control Point Principles was published Dec. 15, 2009, which implemented a legislative provision requiring school food authorities participating in the National School Lunch Program or the School Breakfast Program to develop a school food safety program for the preparation and service of school meals served to children. The Office of Management and Budget cleared the associated information collection requirements Nov. 2, 2009. This action announces approval of the information collection request associated with the final rule published in the Dec. 15, 2009 Federal Register (74 FR 66213) by the Office of Management and Budget Dec. 30, 2009, under OMB Control Number 0584-0550.
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ENVIRONMENT, ENERGY & RESOURCES:
ENERGY (DOE)
NEWLY PUBLISHED REGULATIONS
FEDERAL ENERGY REGULATORY COMMISSION (FERC)
Natural gas pipelines, project cost and annual limits: Final rule, published Feb. 24, 2010, effective Feb. 24, 2010 and establishes cost limits applicable from Jan. 1 through Dec. 31, 2010
[TEXT]
Under the authority delegated by 18 CFR 375.308(x)(1), the Director of the Office of Energy Projects (OEP) computes and publishes the project cost and annual limits for natural gas pipelines blanket construction certificates for each calendar year.
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ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Approval and promulgation of air quality implementation plans, Indiana, volatile organic compound emission control measures for Lake and Porter Counties: Final rule, published Feb. 24, 2010, effective March 26, 2010
[TEXT]
The Environmental Protection Agency approves into the Indiana State implementation Plan several volatile organic compound (VOC) control rules. The purpose of these rules is to satisfy Indiana's VOC reasonably available control technology (RACT) requirements for the Lake and Porter County part of the Chicago-Gary-Lake County, IL-IN, 8-hour ozone nonattainment area. These rules are approvable because they satisfy the control and enforceability requirements of the Clean Air Act, including Indiana's requirement to adopt VOC RACT rules consistent with the Control Technique Guideline documents issued by the EPA in 2006, 2007 and 2008. The EPA proposed these rules for approval Oct. 16, 2009, and received no comments.
Approval and promulgation of air quality implementation plans, Virginia, opacity source surveillance methods: Direct final rule, published Feb. 24, 2010, effective April 26, 2010 unless the Environmental Protection Agency receives adverse written comment by March 26, 2010, if such comments are received, the EPA will publish a timely withdrawal of the direct final rule in the Federal Register
[TEXT]
The Environmental Protection Agency approves revisions to the commonwealth of Virginia State Implementation Plan. The revisions update methods for determining compliance with opacity standards for existing, new and modified stationary sources. The EPA approves these revisions in accordance with the requirements of the Clean Air Act.
Exemption from the requirement of a tolerance, laminarin: Final rule, published Feb. 24, 2010, effective Feb. 24, 2010, objections and requests for hearings by April 26, 2010
[TEXT]
The Environmental Protection Agency establishes an exemption from the requirement of a tolerance for residues of laminarin in or on all food commodities when applied preharvest as a biochemical pesticide to stimulate natural defense mechanisms in plants. Laboratoires Go[euml]mar SA c/o SciReg, Inc. submitted a petition to the EPA under the Federal Food, Drug, and Cosmetic Act, requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of laminarin. A tolerance is the amount of a toxin legally allowed on produce.
Final clarification for chemical identification describing activated phosphors for Toxic Substances Control Act inventory purposes: Final clarification, published Feb. 24, 2010, effective Aug. 24, 2011
[TEXT]
The Environmental Protection Agency clarifies under which certain activated phosphors not on the Toxic Substances Control Act (TSCA) Section 8(b) Chemical Substance Inventory (TSCA Inventory) are considered to be new chemical substances under TSCA Section 5, and thus are subject to applicable notification requirements under TSCA Section 5. In certain letters and other statements issued by the EPA from 1978 to 2003, the agency erroneously indicated that activated phosphors (otherwise known as doped phosphors) constitute mixtures of phosphors and dopants for the TSCA Inventory, and thus that they were not separately reportable as chemical substances under TSCA Section 5(a) new chemical notification requirements. This clarification is because the EPA's statements in this area have not been consistent.
Pesticide tolerances for emergency exemptions, nicosulfuron: Final rule, published Feb. 24, 2010, effective Feb. 24, 2010, objections and requests for hearings by April 26, 2010
[TEXT]
The Environmental Protection Agency establishes time-limited tolerances for residues of nicosulfuron, [3-pyridinecarboxamide, 2-((((4,6-dimethoxypyrimidin-2-yl) aminocarbonyl) aminosulfonyl))-N,N-dimethyl]; in or on Bermudagrass, forage and Bermudagrass, hay. This action is in response to the EPA granting crisis exemptions to the Texas Department of Agriculture and the Oklahoma Department of Agriculture under Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act authorizing use of the pesticide on Bermudagrass, forage and Bermudagrass, hay. This regulation establishes maximum permissible levels for residues of nicosulfuron in Bermudagrass and hay. The time-limited tolerances expire and are revoked Dec.31, 2011. A tolerance is the amount of a toxin legally allowed on produce.
Pesticide tolerances, flumioxazin: Final rule, published Feb. 24, 2010, effective Feb. 24, 2010, objections and requests for hearings by April 26, 2010
[TEXT]
The Environmental Protection Agency establishes tolerances for residues of flumioxazin in or on vegetable, cucurbit, group 9; leaf petioles subgroup 4B; and hop, dried cones. This regulation additionally deletes the existing tolerances on almond and melon, subgroup 9A, as they will be superseded by inclusion in tree nut group 14 and cucurbit vegetable group 9, respectively. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act. A tolerance is the amount of a toxin legally allowed on produce.
PROPOSED REGULATIONS
Approval and promulgation of air quality implementation plans, Virginia, opacity source surveillance methods: Proposed rule, published Feb. 24, 2010, comments by March 26, 2010
[TEXT]
The Environmental Protection Agency proposes to approve the State Implementation Plan revision submitted by the commonwealth of Virginia for updating methods for determining compliance with opacity standards for existing, new and modified stationary sources in Virginia. In the Final Rules section of the Feb. 24, 2010 Federal Register, the EPA approves the state's SIP submittal as a direct final rule without prior proposal because the agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is described in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If the EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.
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DEPARTMENT OF THE INTERIOR (DOI)
PROPOSED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
Endangered and threatened wildlife and plants, review of native species that are candidates for listing as endangered or threatened, annual notice of findings on resubmitted petitions, annual description of progress on listing actions, correction: Notice of review, published Feb. 24, 2010, effective Feb. 24, 2010
[TEXT]
The U.S. Fish and Wildlife Service corrects language used to describe the candidate status of the Sierra Nevada Distinct Population Segment of Rana muscosa, in a notice published in the Nov. 9, 2009 Federal Register regarding the review of species that are candidates for listing under the Endangered Species Act. The correction is to clarify that the Sierra Nevada Distinct Population Segment of Rana muscosa, as defined in the Jan. 16, 2003 Federal Register, remains the candidate for listing.
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LAW AND CRIME:
DEPARTMENT OF JUSTICE (DOJ)
PROPOSED REGULATIONS
DRUG ENFORCEMENT ADMINISTRATION (DEA)
List I chemical, control of ergocristine, a chemical precursor used in the illicit manufacture of lysergic acid diethylamide: Notice of proposed rulemaking, published Feb. 24, 2010, written and electronic comments by midnight Eastern Time April 26, 2010
[TEXT]
The Drug Enforcement Administration proposes to control the chemical precursor ergocristine as a List I chemical under the Controlled Substances Act (CSA). Clandestine laboratories use this chemical as a substitute for the List I chemicals ergotamine and ergonovine to illicitly manufacture the Schedule I controlled substance lysergic acid diethylamide (LSD).
If finalized as proposed, handlers of ergocristine would be subject to the chemical regulatory provisions of the CSA and its implementing regulations, including 21 CFR Parts 1309, 1310, 1313 and 1316. This rulemaking does not propose the establishment of a threshold for domestic and international transactions of ergocristine. As such, all transactions involving ergocristine, regardless of size, would be regulated. This rulemaking also proposes to specify that chemical mixtures containing ergocristine will not be exempt from regulatory requirements at any concentration. Therefore, all transactions of chemical mixtures containing any quantity of ergocristine would be regulated and subject to control under the CSA if this rule is finalized as proposed.
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NATIONAL SECURITY:
DEFENSE (DoD)
NEWLY PUBLISHED REGULATIONS
DEFENSE ACQUISITION REGULATIONS SYSTEM (DARS)
Defense Federal Acquisition Regulation Supplement, Acquisition Strategies to Ensure Competition throughout the Life Cycle of Major Defense Acquisition Programs: Interim rule with request for comments, published Feb. 24, 2010, effective Feb. 24, 2010, written comments by April 26, 2010
[TEXT]
The Department of Defense issues an interim rule to amend the Defense Federal
Acquisition Regulation Supplement to implement the Weapon Systems Acquisition Reform Act of 2009, Section 202, Acquisition Strategies to Ensure Competition throughout the Lifecycle of Major Defense Acquisition Programs.
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HOMELAND SECURITY (DHS)
PROPOSED REGULATIONS
COAST GUARD (USCG)
Carbon dioxide fire suppression systems on commercial vessels: Notice of proposed rulemaking, published Feb. 24, 2010, comments by May 25, 2010
[TEXT]
The U.S. Coast Guard proposes to amend the current regulations for fire suppression systems on several classes of commercial vessels. The amendments would clarify that approved alternatives to carbon dioxide systems may be used to protect some spaces on these vessels and would set general requirements for alternative systems.
Additionally, new and existing carbon dioxide systems, when used in spaces that can be accessed by people onboard the specified commercial vessels, would need to be equipped with lockout valves and olfactory additives to protect people in the event of a carbon dioxide discharge. By requiring these features on carbon dioxide systems and by making a wider range of fire suppression systems available, the proposed regulations advance the agency’s mission of promoting maritime safety and mobility.
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TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, miscellaneous amendments, page 8241: Final rule, published Feb. 24, 2010, effective Feb. 24, 2010, compliance dates complex
[TEXT]
The Federal Aviation Administration establishes, amends, suspends, or revokes Standard Instrument Approach Procedures and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are due to the adoption of new or revised criteria, or due to changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, miscellaneous amendments, page 8243: Final rule, published Feb. 24, 2010, effective Feb. 24, 2010, compliance dates complex
[TEXT]
The Federal Aviation Administration establishes, amends, suspends, or revokes Standard Instrument Approach Procedures and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are due to the adoption of new or revised criteria, or due to changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Boeing Company Model 747 airplanes: Supplemental notice of proposed rulemaking, reopening of comment period, published Feb. 24, 2010, comments by March 22, 2010
[TEXT]
PURPOSE: This proposed supplemental notice of proposed rulemaking would require actions intended to prevent fatigue cracking of the BS 2598 bulkhead structure in certain Boeing Company Model 747 airplanes, which could result in inability of the structure to carry horizontal stabilizer flight loads, and loss of controllability of the airplane.
SUMMARY: The Federal Aviation Administration revises an earlier NPRM for an airworthiness directive (AD) that applies to certain Model 747 airplanes. The original NPRM would have superseded an existing AD that currently requires repetitive inspections of the body station (BS) 2598 bulkhead, and corrective actions if necessary. The existing AD also currently requires a terminating modification for the repetitive inspections and a post-modification inspection of the modified area. The original NPRM proposed to continue to require those actions using revised service information. For certain airplanes, the original NPRM proposed to require new repetitive inspections, an interim modification, and post-interim modification inspections. For certain airplanes, the original NPRM also proposed to require replacing any previously repaired aft inner chord and reinstalling the terminating modification. The original NPRM resulted from reports of cracked aft inner chords on airplanes after certain requirements of the existing AD were done. This new action revises the original NPRM for airplanes converted to the Model 747-400 large cargo freighter configuration by reducing the threshold and repeat intervals of certain post-modification inspections. This new action also revises the original NPRM for all airplanes by proposing that certain inspections of the upper aft outer chords and diagonal brace attachment fittings, flanges, and rods continue after the terminating modification.