COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Oct. 3, 2012
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, pollock in Statistical Area 620 in the Gulf of Alaska: Temporary rule, closure, published Oct. 3, 2012, effective 1200 hrs. Alaska local time Oct. 1 to 2400 hrs. A.l.t. Dec. 31, 2012, comments by 4:30 p.m. A.l.t. Oct. 15, 2012
Text
The National Marine Fisheries Service prohibits directed fishing for pollock in Statistical Area 620 in the Gulf of Alaska to prevent exceeding the 2012 total allowable catch of pollock in that area.
Harbor Porpoise Take Reduction Plan, Coastal Gulf of Maine Closure Area established with a temporary shift of its effective date: Establishment of the Coastal Gulf of Maine Closure Area, temporary shift of effective date, published Oct. 3, 2012, year 1 effective Feb. 1, 2013, year 2 and beyond effective Oct. 1, 2013
PDF | Text
The National Marine Fisheries Service announces the establishment of the Coastal Gulf of Maine Closure Area under the Harbor Porpoise Take Reduction Plan, and temporarily shifts the effective date of year 1 of its implementation from Oct. 1, 2012, to Feb. 1, 2013. Recent information suggests that harbor porpoise bycatch is higher in February and March than in October and November since the implementation of sectors in May 2010, warranting a temporary shift of the closure in year 1 to a time period that would provide greater conservation benefit to harbor porpoises and allow time for more complete consideration of updated information on harbor porpoise bycatch, harbor porpoise abundance, and fishing effort by the Harbor Porpoise Take Reduction Team. As such, this area is to be closed to gillnet fishing in February and March of 2013 rather than October and November of 2012.
------
------
------
FEDERAL COMMUNICATIONS COMMISSION (FCC)
PROPOSED REGULATIONS
Petition for reconsideration of action in rulemaking proceeding: Petition for reconsideration, published Oct. 3, 2012, oppositions to petitions by Oct. 18, 2012, replies to an opposition by Oct. 29, 2012
Text
The Federal Communications Commission is reviewing petitions for reconsideration on behalf of Marketlink Inc., Professional Association for Customer Engagement, and
SatCom Marketing LLC.
------
------
------
LIBRARY OF CONGRESS (LOC)
PROPOSED REGULATIONS
Verification of Statements of Account submitted by cable operators and satellite carriers: Notice of proposed rulemaking, extension of reply comment period, published Oct. 3, 2012, reply comments by 5 p.m. Eastern Daylight Time Oct. 24, 2012
Text
The U.S. Copyright Office extends the deadline for filing reply comments in response to its notice of proposed rulemaking concerning the verification of Statements of Account and royalty payments deposited with the USCO by cable operators and satellite carriers.
------
------
------
POSTAL SERVICE (USPS)
NEWLY PUBLISHED REGULATIONS
New marking standards for parcels containing hazardous materials: Proposed rule, published Oct. 3, 2012, comments by Oct. 23, 2012
Text
The U.S. Postal Service proposes to revise Mailing Standards of the U.S. Postal Service, Domestic Mail Manual 601.10 to adopt new mandatory marking standards for parcels containing mailable hazardous material to align with the revised requirements provided by the Department of Transportation. The proposed rule also provides terminology and categorization changes needed to respond to the pending elimination of the “Other Regulated Material” (ORM-D) category and the partial elimination of the “Consumer Commodity” category by the DOT.
------
------
------
ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Approval and promulgation of implementation plans, Kentucky 110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006 fine particulate matter national ambient air quality standards: Final rule, published Oct. 3, 2012, effective Nov. 2, 2012
Text
The Environmental Protection Agency takes final action to approve in part, and
conditionally approve in part, the State Implementation Plan (SIP) revisions, submitted by Kentucky, as demonstrating that Kentucky meets certain requirements of Sections 110(a)(1) and (2) of the Clean Air Act for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS).
Section 110(a) of the act requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS issued by the EPA, commonly referred to as an “infrastructure” SIP. Kentucky certified that the Kentucky SIP contains provisions that ensure the 1997 annual and 2006 24-hour
PM2.5 NAAQS are implemented, enforced, and maintained in Kentucky (infrastructure submission). With the exception of elements 110(a)(2)(C), 110(a)(2)(D)(i), 110(a)(2)(E)(ii) and 110(a)(2)(J), the EPA finalizes its determination that Kentucky's infrastructure submissions, provided to the EPA Aug. 26, 2008, and July 17, 2012, addressed all the required infrastructure elements for the 1997 annual and 2006 24-hour PM2 NAAQS. In addition, the EPA takes final action to approve Kentucky's July 17, 2012, submittal addressing the requirements
of Section 128 of the act. Final approval of these substantive revisions to the Kentucky SIP also enables the EPA to take final action approving Kentucky’s infrastructure SIP as meeting the state board requirements of Section 110(a)(2)(E)(ii). Lastly, the EPA takes final action to conditionally approve elements 110(a)(2)(C) and (J) of Kentucky's 1997 annual and 2006 24-hour PM2.5 NAAQS
infrastructure SIP.
Chlorantraniliprole, pesticide tolerances: Final rule, published Oct. 3, 2012, effective Oct. 3, 2012, objections and
requests for hearings by Dec. 3, 2012
Text
The Environmental Protection Agency establishes tolerances for residues of chlorantraniliprole in or on multiple commodities.
PROPOSED REGULATIONS
Approval and promulgation of air quality implementation plans, Pennsylvania, The 2002 Base Year Inventory for the Pittsburgh-Beaver Valley Area for 1997 fine particulate matter National Ambient Air Quality Standard: Proposed rule, published Oct. 3, 2012, written comments by Nov. 2, 2012
Text
The Environmental Protection Agency proposes to approve the fine particulate matter
(PM2.5) 2002 base year emissions inventory part of the Pennsylvania State Implementation Plan (SIP) revision submitted by Pennsylvania, Nov. 10, 2009 for the
Pittsburgh-Beaver Valley, PA nonattainment area (Area). The emissions inventory is part of the Nov. 10, 2009 SIP revision submitted to meet nonattainment requirements regarding the Area for the 1997 PM2.5 National Ambient Air Quality Standard SIP.
National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines, New Source Performance Standards for Stationary Internal Combustion Engines: Proposed rule, reopening of comment period, published Oct. 3, 2012, comments Nov. 2, 2012
Text
The Environmental Protection Agency reopens the public comment period for the
proposed amendments to the National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines to request comments on specific issues raised during the initial public comment period regarding existing engines on offshore vessels.
------
------
------
DEPARTMENT OF THE INTERIOR (DOI)
PROPOSED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
Endangered and threatened wildlife and plants, 12-month finding for the Lemmon Fleabane, endangered status for the acuña cactus and the Fickeisen plains cactus and designation of critical habitat: Proposed rule, 12-month finding, published Oct. 3, 2012, comments received or postmarked by Dec. 3, 2012, comments submitted electronically using the Federal eRulemaking Portal by 11:59 p.m. Eastern Time Dec. 3, 2012, written requests for public hearings by Nov. 19, 2012
PDF | Text
After a 12-month review, the U.S. Fish and Wildlife Service announces that the petition to list the Erigeron lemmonii (Lemmon fleabane) as endangered or threatened under the Endangered Species Act indicates that listing this species as an endangered or threatened species is no longer warranted, and therefore removes this species from the candidate list. The USFWS proposes to list Echinomastus erectocentrus var. acunensis (acuña cactus) and Pediocactus peeblesianus var. fickeiseniae (Fickeisen plains cactus) as an endangered species, and proposes to designate critical habitat for both cactus species under the Endangered Species
Act.
------
------
------
GOVERNMENT:
PRESIDENTIAL DOCUMENTS
EXECUTIVE ORDERS
Regarding the Acquisition of Four U.S. Wind Farm Project Companies by Ralls Corporation: Published Oct. 3, 2012
PDF | Text
Citing national security concerns, President Barack Obama blocked a Chinese company from building wind turbines near restricted military airspace in Oregon.
------
------
------
HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
NEWLY PUBLISHED REGULATIONS
CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)
Medicare Program, Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2013 Rates, Hospitals' Resident Caps for Graduate Medical Education Payment Purposes, Quality Reporting Requirements for Specific Providers and for Ambulatory Surgical Centers: Final rule correction, published Oct. 3, 2012, effective Oct. 1, 2012
Text
The Centers for Medicare & Medicaid Services correct technical errors in the Aug. 31, 2012 final rule entitled “Medicare Program, Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2013 Rates, Hospitals' Resident Caps for Graduate
Medical Education Payment Purposes, Quality Reporting Requirements for
Specific Providers and for Ambulatory Surgical Centers”
------
------
FOOD AND DRUG ADMINISTRATION (FDA)
New Animal Drugs, butorphanol, doxapram, triamcinolone, tylosin: Final rule, published Oct. 3, 2012, effective Oct. 15, 2012
Text
The Food and Drug Administration amends the animal drug regulations to reflect the withdrawal approval of a new animal drug application and three abbreviated new animal drug applications at the sponsors' request because the products are
no longer manufactured or marketed.
------
------
------
NATIONAL SECURITY:
DEFENSE (DoD)
PROPOSED REGULATIONS
Federal Acquisition Regulation, positive law codification of Title 41: Correction, published Oct. 3, 2012
PDF | Text
The Department of Defense, the General Services Administration and the National Aeronautics and Space Administration make numerous corrections in the Sept. 18, 2012 Federal Register starting at Section 53.301.25 Performance Board, on page 57979.
------
------
------
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Special local regulations, Red Bull Flugtag Miami, Biscayne Bay, Miami, Florida: Temporary final rule, published Oct. 3, 2012, effective and enforced 11 a.m. to 4 p.m. Nov. 3, 2012
Text
The U.S. Coast Guard establishes a special local regulation on Biscayne Bay, east of Bayfront Park, in Miami, Fla., during the Red Bull Flugtag self-propelled flying machines event.
------
------
------
TRANSPORTATION:
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
Procedures for Transportation Workplace Drug and Alcohol Testing Programs, 6-acetylmorphine (6-AM) Testing: Final rule, published Oct. 3, 2012, effective Oct. 3, 2012
Text
The Department of Transportation adopts as final, without change, a May 4, 2012,
interim final rule which no longer requires laboratories and Medical Review Officers (MRO) to consult with one another regarding the testing for the presence of morphine when the laboratory confirms the presence of 6-acetylmorphine (6-AM). Also, laboratories and MROs will no longer need to report 6-AM results to the Office of Drug and Alcohol Policy and Compliance.
------
------
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, The Boeing Company airplanes: Final rule, published Oct. 3, 2012, effective Nov. 7, 2012
Text
The Federal Aviation Administration adopts a new airworthiness directive for certain
Boeing Model 777 airplanes due to heat damage and cracks at the pivot joint location of the main landing gear (MLG) inner cylinder/truck beam. This AD requires repetitive lubrication of the MLG pivot joints; repetitive detailed inspections of the outer diameter chrome on the center axles of the MLG for chicken-wire cracks, corrosion, and chrome plate distress; repetitive magnetic particle inspections of the outer diameter chrome on the center axles of the MLG for cracks; and related investigative and corrective actions if necessary. This AD requires actions intended to detect and correct cracking in the MLG center axle and shock strut inner cylinder lugs (pivot joint), which could result in fracture of the MLG pivot joint components and consequent collapse of the MLG.
Airworthiness directives, Pratt & Whitney (P&W) Division turbofan engines: Final rule, published Oct. 3, 2012, effective Nov. 7, 2012
PDF | Text
The Federal Aviation Administration adopts a new airworthiness directive for certain
Pratt & Whitney PW4000 series turbofan engines after reports of 3rd and 4th stage vane fractures in the low-pressure turbine (LPT) of certain PW4000-94'' and PW4000-100'' turbofan engines. This AD requires dimensional inspections of LPT 3rd stage vanes and the rear turbine case, inspection of LPT 4th stage vanes at the next LPT overhaul and removal of vanes with non-conforming airfoil fillet radii and vanes with more than one strip and recoat repair. This AD also requires disassembly and reassembly of the 2nd stage high-pressure turbine (HPT) rotor and 3rd stage LPT rotor at the next HPT and LPT overhauls. This AD requires actions intended to prevent 3rd and 4th stage vane fractures in the LPT, damage to the LPT rotor, uncontained engine failure, and damage to the airplane.
Airworthiness directives, The Boeing Company airplanes: Final rule, published Oct. 3, 2012, effective Nov. 7, 2012
Text
The Federal Aviation Administration adopts a new airworthiness directive for certain
Boeing Model 737 airplanes after a report of a flightcrew not receiving an aural warning during a lack of cabin pressurization event. This AD requires incorporating design changes to improve the reliability of the cabin altitude warning system by installing a redundant cabin altitude pressure switch, replacing the aural warning module (AWM) with a new or reworked AWM, and changing certain wire bundles or connecting certain previously capped and stowed wires as necessary. For certain airplanes, this AD also requires prior or concurrent incorporation of related design changes by modifying the instrument panels, installing light assemblies, modifying the wire bundles, and installing a new circuit breaker, as necessary. This AD requires actions intended to prevent the loss of cabin altitude warning, which could delay flightcrew recognition of a lack of cabin pressurization, and could result in incapacitation of the flightcrew due to hypoxia (a lack of oxygen in the body), and consequent loss of control of the airplane.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, DASSUALT AVIATION airplanes: Notice of proposed rulemaking, published Oct. 3, 2012, comments by Nov. 19, 2012
Text
The Federal Aviation Administration proposes to adopt a new airworthiness directive for all DASSAULT AVIATION Model MYSTERE-FALCON 50 airplanes due to a manufacturer revision to the airplane maintenance manual that introduces new or more restrictive maintenance requirements and airworthiness limitations. This proposed AD would revise the maintenance program to incorporate new or revised