COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Feb. 24, 2012
AGRICULTURE:
AGRICULTURE (USDA)
PROPOSED REGULATIONS
FOOD AND NUTRITION SERVICE (FNS)
Fresh Fruit and Vegetable Program: Proposed rule, published Feb. 24, 2012, comments by April 24, 2012
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The Food and Nutrition Service proposes to establish the basic requirements for the operation of the Fresh Fruit and Vegetable Program (FFVP) in conformance with the Richard B. Russell National School Lunch Act. It would describe administrative and operational requirements for FFVP operators at the state and local levels. These provisions are to ensure that the FFVP encourages the consumption of fresh fruits and vegetables by elementary school children, thus improving their dietary habits and long-term health.
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COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
ECONOMIC ANALYSIS BUREAU (BEA)
International services surveys, BE-150, Quarterly Survey of Cross-Border Credit, Debit and Charge Card Transactions: Final rule, published Feb. 24, 2012, effective March 26, 2012
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The Bureau of Economic Analysis amends its regulations to add new entities required to report information on the BE-150, Quarterly Survey of Cross-Border Credit, Debit and Charge Card Transactions, to change the survey title, and to collect data in greater detail. Specifically, this action expands the covered entities to include companies that operate debit networks based on a personal identification number (PIN). PIN-based debit network companies are now required to report on cross-border transactions between U.S. cardholders traveling abroad and foreign businesses and foreign cardholders traveling in the United States and U.S. businesses. This change improves the identification of cross-border travel transactions. This rule also changes the survey title from Quarterly Survey of Cross-Border Credit, Debit and Charge Card Transactions to Quarterly Survey of Payment Card and Bank Card Transactions Related to International Travel to reflect this change to the regulations. In addition, this action makes certain changes to the BE-150 form to collect data in greater detail. The revised BE-150 survey is conducted on a quarterly basis starting with the first quarter of 2012.
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INDUSTRY AND SECURITY BUREAU (BIS)
Amendment to existing validated end-user authorizations for Applied Materials (China) Inc., Boeing Tianjin Composites Co. Ltd., CSMC Technologies Corporation, Lam Research Corporation, and Semiconductor Manufacturing International Corporation in the People’s Republic of China, and for GE India Industrial Pvt. Ltd. in India: Final rule, published Feb. 24, 2012, effective Feb. 24, 2012
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The Bureau of Industry and Security amends the Export Administration Regulations to revise the existing Authorization Validated End-User (VEU) listings for five VEUs in the People’s Republic of China and one VEU in India. For Applied Materials (China) Inc., this rule amends the eligible items the company may receive under Authorization VEU. For Boeing Tianjin Composites Co. Ltd., this rule amends the eligible items the company may receive under Authorization VEU and revises the address of the eligible destination (i.e., facility) to which items may be exported, re-exported, or transferred (in-country) under Authorization VEU.
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NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the northeastern United States, Atlantic herring fishery, sub-annual catch limit harvested for management area 1B: Temporary rule, closure, published Feb. 24, 2012, effective 0001 hrs. local time Feb. 24 through Dec. 31, 2012
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The National Marine Fisheries Service announces that federally permitted vessels may not fish for, catch, possess, transfer or land more than 2,000 lb of Atlantic herring in or from management area 1B per calendar day until Jan. 1, 2013, when the 2013 sub-annual catch limit for area 1B becomes available, with certain exceptions. This action is based on the determination that the revised Atlantic herring sub-annual catch limit allocated to area 1B for 2012 has been exceeded as of Feb. 24, 2012.
Fisheries of the northeastern United States, Atlantic herring fishery, adjustment to the 2012 annual catch limits: Final rule, published Feb. 24, 2012, effective Feb. 24 through Dec. 31, 2012
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The National Marine Fisheries Service reduces the 2012 annual catch limits for the Atlantic herring fishery to account for catch overages in 2010 and to prevent overfishing.
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EMPLOYMENT
LABOR (DOL)
PROPOSED REGULATIONS
WAGE AND HOUR DIVISION (WHD)
Application of the Fair Labor Standards Act to Domestic Service: Notice and extension of comment period, published Feb. 24, 2012, comments by March 12, 2012
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The Wage and Hour Division extends the period for filing written comments for an additional 14 days on the proposed revisions to the Application of the Fair Labor Standards Act to Domestic Service published Dec. 27, 2011.
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ENVIRONMENT, ENERGY & RESOURCES:
ENERGY (DOE)
PROPOSED REGULATIONS
Energy Conservation Program, energy conservation standards for distribution transformers:Notice of proposed rulemaking and public meeting, correction, published Feb. 24, 2012, comments, data and information before and after the Feb. 23, 2012, public meeting, but no later than April 10, 2012
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The U.S. Department of Energy corrects a notice of proposed rulemaking published in the Feb. 10, 2012 Federal Register, which proposed to amend DOE regulations regarding energy conservation standards for distribution transformers. It was recently discovered that values in certain tables of the proposed rule are inaccurate or absent.
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ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Flazasulfuron, pesticide tolerances: Final rule, published Feb. 24, 2012, effective Feb. 24, 2012, objections and requests for hearings by April 24, 2012
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The Environmental Protection Agency establishes tolerances for residues of flazasulfuron in or on citrus fruit, grape, and sugarcane.
Fluopyram, pesticide tolerances: Final rule, published Feb. 24, 2012, effective Feb. 24, 2012, objections and requests for hearings by April 24, 2012
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The Environmental Protection Agency establishes tolerances for residues of fluopyram in or on multiple commodities.
PROPOSED REGULATIONS
Approval and promulgation of implementation plans, Alaska, Regional Haze State Implementation Plan:Proposed rule, published Feb. 24, 2012, written comments by March 26, 2012
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The Environmental Protection Agency proposes to approve a State Implementation Plan revision, submitted by Alaska April 4, 2011, as meeting the requirements of Clean Air Act Sections169A and 169B, and Federal Regulations 40 CFR 51.308, to implement a regional haze program in Alaska for the first planning period through July 31, 2018. This revision addresses the requirements of the Clean Air Act and the EPA's rules that require states to prevent any future and remedy any existing anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources spread over a wide geographic area. Additionally, the EPA proposes to approve the Alaska Department of Environmental Conservation Best Available Retrofit Technology regulations at 18 AAC 50.260.
Mandatory reporting of greenhouse gases, proposed confidentiality determinations for the petroleum and natural gas systems source category, and amendments to Table A-7, of the Greenhouse Gas Reporting Rule: Proposed rule, published Feb. 24, 2012, comments by March 26, 2012 unless a public hearing is held, in which case comments must be received by April 9, 2012, requests for a hearing by March 2, 2012, upon such request hearing will be held March 12, 2012 in the Washington, DC area
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The Environmental Protection Agency re-proposes confidentiality determinations for the data elements in subpart W, the petroleum and natural gas systems category, of the Mandatory Reporting of Greenhouse Gases Rule. On July 7, 2010, the EPA proposed confidentiality determinations for then-proposed subpart W data elements and now issues this re-proposal due to significant changes to certain data elements in the final subpart W reporting requirements. The EPA also proposes to assign 10 recently added reporting elements as “Inputs to Emission Equations” and to defer their reporting deadline to March 31, 2015, consistent with the EPA's approach in the Aug. 25, 2011 rule which finalized the deferral of some reporting data elements that are inputs to emissions equations.
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DEPARTMENT OF THE INTERIOR (DOI)
PROPOSED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
Endangered and threatened wildlife and plants, proposed endangered status for the dunes sagebrush lizard:Proposed rule, notice of availability and reopening of comment period, published Feb. 24, 2012, comments by 11:59 p.m. Eastern Time March 12, 2012
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The U.S. Fish and Wildlife Service announces the reopening of the public comment period on its Dec. 14, 2010, proposed endangered status for the dunes sagebrush lizard (Sceloporus arenicolus) under the Endangered Species Act. The USFWS also announces the availability of a signed conservation agreement for the dunes sagebrush lizard in Texas. The comment period is reopened to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the new conservation agreement, and a previously completed conservation agreement for the dunes sagebrush lizard in New Mexico.
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GOVERNMENT:
PRESIDENTIAL DOCUMENTS
EXECUTIVE ORDERS
Continuation of the National Emergency With Respect to Libya: Published Feb. 24, 2012
PDF | Text
Notice of February 23, 2012: Continuation of the National Emergency With Respect to Libya
President Barack Obama extends for one year Executive Order 13566 freezing all assets under U.S. jurisdiction belonging to Colonel Muammar Qadhafi, members of his family and senior members of his regime.
ADMINISTRATIVE ORDERS
Delegation of Authority in Accordance With Sections 610 and 652 of the Foreign Assistance Act of 1961, as Amended and Section 7009(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010, as Carried Forward by the Department of Defense and Full-Year Continuing Appropriations Act, 2011:Published Feb. 24, 2012
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Memorandum for the Secretary of State
President Barack Obama authorizes the transfer of $12 million in the fiscal year 2011 Nonproliferation, Antiterrorism, Demining, and Related Programs account to the Economic Support Funds account for programs to counter violent extremism.
Continuation of the National Emergency With Respect to Cuba and of the Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels: Published Feb. 24, 2012
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Notice of February 23, 2012: President Barak Obama extends for one year the national emergency declared Proclamation 6867 and Proclamation 7757, in response to the destruction of two U.S. civilian aircraft by the government of Cuba. The national emergency bars entry of U.S. registered aircraft and vessels into Cuban airspace and territorial waters and bars certain U.S. aid to Cuba.
Driving Innovation and Creating Jobs in Rural America Through Biobased and Sustainable Product Procurement: Published Feb. 24, 2012
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Memorandum of February 21, 2012 for the Heads of Executive Departments and Agencies: Driving Innovation and Creating Jobs in Rural America Through Biobased and Sustainable Product Procurement
In support of the BioPreferred program - established by the Farm Security and Rural Investment Act and amended by the Food, Conservation and Energy Act – President Barack Obama directs all executive departments and agencies to ensure that 95 percent of applicable new contract actions for products and services advance sustainable acquisition, including biobased acquisition, where such products and services meet agency performance requirements.
Delegation of Certain Function Under Section 308(a) of the Intelligence Authorization Act for Fiscal Year 2012: Published Feb. 24, 2012
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Memorandum of January 27, 2012 for the Secretary of State
President Barack Obama delegates to the Secretary of State, in consultation with the Secretary of Defense, the function to provide to the Congress the information specified in section 308(a) of the Intelligence Authorization Act for Fiscal Year 2012.
Delegation of Authority Pursuant to Sections 110(d)(4) and 110(f) of the Trafficking Victims Protection Act of 2000, as Amended: Published Feb. 24, 2012
PDF | Text
President Barack Obama delegates to the Secretary of State the authority to determine if Burma meets the guidelines for sanctions in 2012 under the Trafficking Victims Protection Act.
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MONEY:
COMMODITY FUTURES TRADING COMMISSION (CFTC)
NEWLY PUBLISHED REGULATIONS
Commodity pool operators and commodity trading advisors, compliance obligations: Final rule, published Feb. 24, 2012, effective April 24, 2012, except for the amendments to Section 4.27, which are effective July 2, 2012, compliance dates complex
PDF | Text
The Commodity Futures Trading Commission adopts amendments to its existing Part 4 regulations and issues one new regulation regarding Commodity Pool Operators and Commodity Trading Advisors. The CFTC also adopts new data collections for CPOs and CTAs that are consistent with a data collection required under the Dodd-Frank Act for entities registered with both the CFTC and the Securities and Exchange Commission.
PROPOSED REGULATIONS
Harmonization of compliance obligations for registered investment companies required to register as commodity pool operators: Proposed rule, published Feb. 24, 2012, comments by April 24, 2012
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The Commodity Futures Trading Commission proposes amendments to its regulations regarding requirements applicable to investment companies registered under the Investment Company Act whose advisors will be subject to registration as commodity pool operators due to changes the CFTC is adopting.
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NATIONAL SECURITY:
DEFENSE (DoD)
NEWLY PUBLISHED REGULATIONS
DEFENSE ACQUISITION REGULATIONS SYSTEM (DARS)
Defense Federal Acquisition Regulation Supplement, Technical Amendment: Final rule, published Feb. 24, 2012, effective Feb. 24, 2012
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The Defense Acquisition Regulations System makes technical amendments to the Defense Federal Acquisition Regulation Supplement to provide needed editorial changes.
Defense Federal Acquisition Regulation Supplement, Award Fee Reduction or Denial for Health or Safety Issues: Final rule, published Feb. 24, 2012, effective Feb. 24, 2012
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The Defense Acquisition Regulations System adopts as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement to implement those sections of the National Defense Authorization Acts for Fiscal Years 2010 and 2011, providing increased authority to reduce or deny award fees to companies found to jeopardize the health or safety of government personnel. In addition, this rule modifies the requirement that information on the final determination of award fee be entered into the Federal Awardee Performance and Integrity Information System.
Defense Federal Acquisition Regulation Supplement, Business Systems-Definition and Administration: Final rule, published Feb. 24, 2012, effective Feb. 24, 2012