COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Aug. 17, 2012
COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
ECONOMIC ANALYSIS BUREAU (BEA)
International services surveys and direct investment surveys reporting: Notice of clarification, published Aug. 17, 2012, effective Aug. 17, 2012
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The Bureau of Economic Analysis clarifies an April 2012 rule that described new procedures to collect data on international trade in services and direct investment surveys. The surveys are provided for by the International Investment and Trade in Services Survey Act and the Omnibus Trade and Competitiveness Act. Specifically, this action clarifies that the previously issued rule does not have retroactive effect, and that those entities required to complete surveys that the BEA is currently conducting based on rules creating those surveys, the 2011 BE-11, 2011 BE-15, 2012 BE-12, 2012 BE-29, 2012 BE-120, and all 2012 quarterly surveys, must still complete those surveys.
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COMMUNICATION (FCC)
PROPOSED REGULATIONS
Procedures for assessment and collection of regulatory fees, assessment and collection of regulatory fees for fiscal year 2008: Notice of proposed rulemaking, published Aug. 17, 2012, comments by Sept. 17, 2012, reply comments by Oct. 16, 2012
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The Federal Communications Commission requests comments on proposed reforms to its policies and procedures for assessing and collecting regulatory fees. Extensive changes have occurred in the communications marketplace, and in the FCC’s regulatory efforts, since the Schedule of Regulatory Fees was enacted by Congress in 1994. In the period directly following enactment of the Telecommunications Act, industry development and the FCC’s regulation centered primarily on wireline local and long distance communications. Subsequently, the mobile wireless industry has grown exponentially, shifting the FCC’s resources to, among other things, the wireless industry, while the costs of implementing the 1996 Telecommunications Act decreased. These changes have produced corresponding shifts in the agency’s regulatory activity. These shifts in the cost of the FCC’s activities are not always reflected in current regulatory fees. Although the FCC has made a number of discrete changes to the regulatory fee program since 1994, it has not revised the data on which fees are based since 1998, nor undertaken a comprehensive analysis of all the substantive and procedural aspects of the regulatory fee program in light of the current state of the communications industry. This action requests comments on the issues regarding how the FCC should allocate its regulatory costs among different segments of the communications industry.
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EMPLOYMENT
LABOR (DOL)
NEWLY PUBLISHED REGULATIONS
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
Cranes and derricks in construction, demolition and underground construction: Direct final rule, published Aug. 17, 2012, effective Nov. 15, 2012 unless significant adverse comments to this direct final rule or the companion proposal are received by Sept. 17, 2012, comments, including comments to the information-collection determination, hearing requests, and other information by Sept. 17, 2012, all submissions must bear a postmark or provide other evidence of the submission date
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On Aug. 9, 2010, the Occupational Safety and Health Administration issued a final standard updating the requirements for cranes and derricks used in construction work. For most construction work, the final rule replaced a prior cranes and derricks standard. However, the prior standard continues to apply to demolition and underground construction work. Through this direct final rule, the OSHA applies the updated requirements to that work. With this direct final rule, the OSHA also corrects inadvertent errors made to the demolition and underground construction standards when it issued the final rule for cranes and derricks in construction.
PROPOSED REGULATIONS
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION(OSHA)
Cranes and derricks in construction, demolition and underground construction: Notice of proposed rulemaking, published Aug. 17, 2012, comments, including comments to the information-collection determination, hearing requests, and other information by Sept. 17, 2012, all submissions must bear a postmark or provide other evidence of the submission date
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On Aug. 9, 2010, the Occupational Safety and Health Administration issued a final standard updating the requirements for cranes and derricks used in construction work. For most construction work, the final rule replaced a prior cranes and derricks standard. However, the prior standard continues to apply to demolition and underground construction work. Through this proposed rule, the OSHA proposes to apply the updated requirements to that work. With this proposed rule, the OSHA also proposes to correct inadvertent errors made to the demolition and underground construction standards when it issued the final rule for cranes and derricks in construction.
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ENVIRONMENT, ENERGY & RESOURCES:
ENERGY (DOE)
NEWLY PUBLISHED REGULATIONS
Energy Conservation Program for consumer products and certain commercial and industrial equipment, notice of policy amendment regarding full-fuel-cycle analyses: Notice of policy amendment, published Aug. 17, 2012, effective Aug. 17, 2012
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On Aug. 18, 2011, the U.S. Department of Energy announced its intention to use full-fuel-cycle (FFC) measures of energy use and greenhouse gas and other emissions in the national impact analyses and environmental assessments included in future energy conservation standards rulemakings. While the DOE stated in that notice that it intended to use the Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation (GREET) model to conduct the analyses, the DOE also said that it would review alternative methods, including the use of the National Energy Modeling System (NEMS) developed by the DOE's Energy Information Administration. After evaluating both the NEMS and the GREET, the DOE has determined that the NEMS is ultimately a more appropriate tool to calculate FFC measures of energy use and greenhouse gas and other emissions. Therefore, the DOE intends to use the NEMS model, rather than the GREET model, as the basis for deriving the energy and emission multipliers used to conduct FFC analyses in support of future energy conservation standards rulemakings. Comments on this policy amendment are welcome at any time. The DOE will address comments on this policy amendment in the first notice of proposed rulemaking to use the NEMS-based approach for the FFC.
PROPOSED REGULATIONS
Energy conservation standards for residential dehumidifiers, public meeting and availability of the framework document:Notice of public meeting and availability of the framework document, published Aug. 17, 2012, public meeting Sept. 24, 2012, 1 p.m. to 4 p.m. in Washington, D.C., requests to speak along with a signed original and an electronic copy of the statements to be given at the public meeting by 4 p.m., Sept. 10, 2012, written comments by Sept. 17, 2012
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The Department of Energy issues a framework document to consider whether to amend the energy conservation standards for residential dehumidifiers. The DOE also announces a public meeting to discuss and receive comments on issues that it will address in this rulemaking proceeding. The DOE is initiating data collection for considering amended energy conservation standards for residential dehumidifiers. The DOE also encourages written comments on potential amended standards, including comments on the issues identified in the framework document. The framework document, intended to inform stakeholders and facilitate the rulemaking process, is available at http://www1.eere.energy.gov/buildings/appliance_standards/residential/dehumidifiers.html.
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ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Cyprodinil, pesticide tolerances:Final rule, published Aug. 17, 2012, effective Aug. 17, 2012, objections and requests for hearings by Oct. 16, 2012
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The Environmental Protection Agency establishes tolerances for residues of cyprodinil in or on multiple commodities associated with Pesticide Petition (PP) 1E7854, and establishes a tolerance in or on leaf petioles subgroup 4B, associated with PP 1E7869.
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DEPARTMENT OF THE INTERIOR (DOI)
PROPOSED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
Endangered and threatened wildlife and plants, determination of status for the Gierisch mallow and designation of critical habitat: Proposed rule, published Aug. 17, 2012, comments received or postmarked by Oct. 16, 2012, written requests for public hearings by Oct. 1, 2012
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As the result of a court-approved settlement agreement, the U.S. Fish and Wildlife Service proposes to list as endangered the Gierisch mallow and proposes critical habitat for the species under the Endangered Species Act.
Migratory bird hunting, proposed frameworks for late-season migratory bird hunting regulations:Proposed rule, supplemental, published Aug. 17, 2012, comments by Aug. 31, 2012
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The Fish and Wildlife Service proposes to establish the 2012-13 late-season hunting regulations for certain migratory game birds. The USFWS annually prescribes frameworks, or outer limits, for dates and times when hunting may occur and the number of birds that may be taken and possessed in late seasons. These frameworks are to allow state selections of seasons and limits and to allow recreational harvest at levels compatible with population and habitat conditions.
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NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Safety zone, Antique Boat Show, Niagara River, Grand Island, New York: Temporary final rule, published Aug. 17, 2012, effective 9:30 a.m. to 4:30 p.m. Sept. 8, 2012
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The U.S. Coast Guard establishes a temporary safety zone on the Niagara River, Grand Island, N.Y., during the Antique Boat Show powerboat races.
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TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
Organization and delegation of powers and duties:Final rule, published Aug. 17, 2012, effective Aug. 16, 2012
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The Office of the Secretary of Transportation updates its regulations for the organization of the Department of Transportation and delegations of authority from the Secretary to departmental officers including the Deputy Secretary, the Under Secretary, the General Counsel, the Assistant Secretaries, the Inspector General, and the heads of Operating Administrations.
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FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Embraer S.A. airplanes: Final rule, published Aug. 17, 2012, effective Sept. 21, 2012
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PURPOSE: This airworthiness directives (AD) was prompted by reports of the possible loss of automatic activation of the engine inlet ice protection system in certain Embraer S.A. airplanes. This AD requires actions intended to prevent the possibility of a right-hand engine compressor stall after the auxiliary power unit (APU) becomes the active bleed source for the left side, which may result in an engine failure; and to prevent the intermittent communication failure between the air management system (AMS) controller cards and both secondary power distribution assemblies, which could lead to the loss of automatic activation of the engine inlet ice protection system when flying in icing conditions, which could result in ice accretion in the engine inlet and subsequent dual engine failure.
SUMMARY: The Federal Aviation Administration supersedes two existing AD for all Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. Those ADs currently require revising the airplane flight manual (AFM) to introduce limitations for the use of APU bleed and to prohibit dispatch with a failed AMS controller card. This new AD requires replacing the AMS controller processor module with one containing new software, and a new AFM revision.
Airworthiness directives, Eurocopter Deutschland GmbH helicopters: Final rule, request for comments, correction, published Aug. 17, 2012, effective Aug. 17, 2012, effective date for AD 2012-12-21 remains July 10, 2012, comments by Aug. 24, 2012
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The Federal Aviation Administration corrects an airworthiness directive that applies to Eurocopter Deutschland GmbH Model MBB-BK 117 C-2 helicopters. A page reference of the rotorcraft flight manual in the Required Actions section, paragraph
(e)(1)(i), is corrected.
Airworthiness directives, Airbus airplanes: Final rule, published Aug. 17, 2012, effective Sept. 21, 2012
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PURPOSE: This airworthiness directive (AD) was prompted by reports that some nuts installed on the wing, including on primary structural elements, were found cracked in certain Airbus airplanes. This AD requires inspecting to determine if certain nuts are installed or cracked, and replacing the affected nuts if necessary. This AD requires actions intended to detect and correct missing and cracked nuts, which could result in the structural integrity of the airplane wings being impaired.
SUMMARY: The Federal Aviation Administration adopts a new AD for certain
Airbus Model A318-112 and -121 airplanes, Airbus Model A319-111, -112, -115, -
132, and -133 airplanes, Airbus Model A320-214, -232, and -233 airplanes; and Airbus Model A321-211, -212, -213, and -231 airplanes.
Airworthiness directives, The Boeing Company airplanes: Final rule, published Aug. 17, 2012, effective Sept. 21, 2012
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PURPOSE: This AD was prompted by reports of cracking of the midspar fittings, and of the engine and nacelle strut separating from the airplane in certain Boeing Model 707 airplanes. This AD requires performing a detailed inspection of the midspar fittings of the nacelle strut to confirm that the correct part number is installed, and installing the correct part number if necessary; performing repetitive high frequency eddy current inspections of the midspar fittings of the nacelle strut for cracks, and repair if necessary; and performing repetitive general visual inspections of the nacelle struts to verify that the nacelle strut has not drooped below its normal position, applying the droop stripe to the nacelle strut and sailboat fairing if necessary, and performing repair if necessary. This AD requires actions intended to detect and correct cracking of the midspar fitting, which could result in separation of the nacelle strut and engine from the airplane while in flight, and consequent loss of controllability of the airplane.
SUMMARY: The Federal Aviation Administration adopts a new AD for all Boeing Model 707 airplanes, and Model 720 and 720B series airplanes.
Airworthiness directives, Sikorsky Aircraft Corporation helicopters: Final rule, published Aug. 17, 2012, effective Sept. 21, 2012
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PURPOSE: This airworthiness directive (AD) was prompted by a fire in the main gearbox area of a Sikorsky Aircraft Corporation Model S-76A helicopter as a result of a hot electric rotor brake (ERB). This AD requires actions intended to prevent overheating of the ERB, ignition of the ERB hydraulic fluid, a fire in the main gearbox area, and subsequent loss of control of the helicopter.
SUMMARY: The Federal Aviation Administration adopts a new AD for Sikorsky Model S-76A helicopters to require modifying the ERB and inserting changes into the “Normal Procedures” and “Emergency Procedures” sections of the Rotorcraft Flight Manual.
Amendment of Class D airspace, Sault Ste Marie, Ontario: Final rule, published Aug. 17, 2012, effective 0901 UTC, Nov. 15, 2012
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The Federal Aviation Administration amends Class D airspace at Sault Ste Marie, Ontario to coincide with the Canadian control zone over Sault Ste Marie Airport.