COURTHOUSE NEWS SERVICE
Federal Regulation Brief
May 2, 2012
AGRICULTURE:
AGRICULTURE (USDA)
NEWLY PUBLISHED REGULATIONS
FARM CREDIT ADMINISTRATION (FCA)
General provisions, operating and strategic business planning: Final rule, published May 1, 2012, effective 30 days after publication in the Federal Register during which either or both Houses of Congress are in session, system institutions must comply with this regulation by Jan. 30, 2013
Text
The Farm Credit Administration amends its regulation requiring the board of directors of each Farm Credit System institution to adopt an operational and strategic business plan to include, among other things, outreach toward diversity and inclusion. Each business plan must contain a human capital plan that describes the institution's workforce and management and assesses their strengths and weaknesses; describes succession programs; and includes strategies and actions to strive for diversity and inclusion within the institution's workforce and management. In addition, the business plan of each direct lender institution must include a marketing plan that discusses how the institution will further the objective that the FCS be responsive to the credit needs of all eligible and creditworthy agricultural producers and other eligible persons, with specific outreach toward diversity and inclusion. Further, the regulation requires including skills and diversity as part of the required assessment of the needs of the board of directors and establishes annual reporting requirements to the board.
------
------
------
COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries off west coast states, west coast salmon fisheries, 2012 management measures: Final rule, request for comments, notice of availability of an environmental assessment, published May 2, 2012, effective 0001 hrs. Pacific Daylight Time May 1, 2012 until the effective date of the 2013 management measures to be published at a later date, comments by May 17, 2012
Text
The National Marine Fisheries Service establishes fishery management measures for the 2012 ocean salmon fisheries off Washington, Oregon and California and the 2013 salmon seasons opening earlier than May 1, 2013. The management measures are to prevent overfishing and to apportion the ocean harvest equitably among treaty Indian, non-treaty commercial, and recreational fisheries. The measures are also are to allow part of the salmon runs to escape the ocean fisheries to provide for spawning and to provide for inside fisheries (fisheries occurring in state internal waters). This action also announces the availability of an environmental assessment analyzing the environmental impacts of implementing the 2012 ocean salmon management measures.
Magnuson-Stevens Fishery Conservation and Management Act provisions, fisheries of the northeastern United States, northeast multispecies fishery, Framework Adjustment 47: Final rule, published May 2, 2012, effective May 1, 2012
PDF | Text
The National Marine Fisheries Service approves Framework Adjustment 47 to the northeast multispecies fishery management plan and implements the approved measures. The New England Fishery Management Council developed and adopted Framework 47 based on the biennial review process established in the northeast multispecies fishery management plan to develop annual catch limits and revise management measures needed to rebuild overfished groundfish stocks and achieve the goals and objectives of the fishery management plan. This action also implements management measures and revises existing regulations not included in
Framework 47, including common pool management measures for fishing year 2012, modification of the Ruhle trawl definition, and clarification of the regulations for charter/party and recreational groundfish vessels fishing in groundfish closed areas.
Fisheries of the northeastern United States, northeast multispecies fishery, 2012 sector operations plans and contracts, and allocation of northeast multispecies annual catch entitlements: Final rule, published May 2, 2012, effective May 1, 2012 through April 30, 2013, except the exemption from the requirement to declare intent to fish in the Eastern U.S./Canada Special Access Program and the Closed Area II Yellowtail Flounder/Haddock Special Access Program prior to leaving the dock, effective date to be announced
PDF | Text
The National Marine Fisheries Service partially approves, and implements, 19 northeast multispecies (groundfish) sector operations plans and contracts for fishing year 2012, and allocates quotas of northeast multispecies to the sectors. This final rule does not approve certain exemptions and measures proposed in the operations plans. Approval of sector operations plans is required to allocate quota to the sectors and to grant the sectors regulatory exemptions. This action provides vessels participating in sectors with increased operational flexibility while limiting overall fishing mortality. This final rule also announces a preliminary allocation to the New Hampshire State-Operated Permit Bank.
PROPOSED REGULATIONS
INDUSTRY AND SECURITY BUREAU (BIS)
Revisions to the Export Administration Regulations, control of energetic materials and related articles that the president determines no longer warrant control under the U.S. Munitions List: Proposed rule, published May 2, 2012, comments by June 18, 2012
Text
The Bureau of Industry and Security proposes to describe how energetic materials and related articles that the president determines no longer warrant control under Category V (explosives and energetic materials, propellants, incendiary agents and their constituents) of the U.S. Munitions List (USML) would be controlled under the Commerce Control List (CCL) in new Export Control Classification Numbers (ECCNs) 1B608, 1C608, 1D608, and 1E608. If implemented, this proposed rule would also control under ECCN 1C111 some of the aluminum powder and hydrazine, and derivatives thereof, now controlled under Category V of the USML. This proposed rule would also control equipment for the “production” of explosives and solid propellants, currently controlled under ECCN 1B018.a, and related “software,” currently controlled under ECCN 1D018, under new ECCNs 1B608 and 1D608, respectively. In addition, this proposed rule would control commercial charges and devices containing energetic materials, which are currently controlled under ECCN 1C018, under new ECCN 1C608. This is one of a planned series of proposed rules describing how various types of articles that the President determines, as part of the Administration’s Export Control Reform Initiative, no longer warrant control on the USML, under the International Traffic in Arms Regulations, would be controlled on the CCL in accordance with the requirements of the Export Administration Regulations. This proposed rule is published in conjunction with a proposed rule from the Department of State, Directorate of Defense Trade Controls, which would amend the list of articles controlled by the USML Category V.
------
------
------
EDUCATION
EDUCATION (USDE)
NEWLY PUBLISHED REGULATIONS
Federal Pell Grant Program: Interim final rule, request for comments, published May 2, 2012, effective May 2, 2012, comments by June 18, 2012
PDF | Text
The Secretary of the Office of Postsecondary Education, Department of Education, amends four sections of the Federal Pell Grant Program regulations to make them consistent with recent changes in the law that prohibit a student from receiving two consecutive Pell Grants in a single award year.
------
------
------
EMPLOYMENT
LABOR RELATIONS (NLRB)
NEWLY PUBLISHED REGULATIONS
Notification of employee rights under the National Labor Relations Act: Final rule, court-ordered delay of effective date, published May 2, 2012, effective date delayed indefinitely from April 30, 2012, pending resolution of the legal issues raised by the conflicting court decisions
Text
The National Labor Relations Board announces delay in the effective date of the Aug. 30, 2011 final rule requiring employers subject to the National Labor Relations Act (NLRA) to post notices informing their employees of their rights as employees under the NLRA.
------
------
------
ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Approval and promulgation of air quality implementation plans, Maryland, removal of the 1980 Consent Order for the Maryland Slag Company: Direct final rule, published May 2, 2012, effective July 2, 2012 unless adverse written comments are received by June 1, 2012
Text
The Environmental Protection Agency approves a revision to the Maryland State Implementation Plan to remove a 1980 Consent Order issued to the Maryland Slag Company (now known as MultServ). The 1980 Consent Order is no longer required to satisfy any applicable federal regulations and the Clean Air Act.
Thiamethoxam, pesticide tolerances: Final rule, technical correction, published May 2, 2012, effective May 2, 2012
Text
The Environmental Protection Agency corrects various typographical omissions in the March 2, 2012 rule regarding the establishment of tolerances for the insecticide thiamethoxam on multiple commodities. Specifically, the EPA corrects the omission of previously established tolerances for caneberry subgroup 13-07A; mustard, seed; onion, dry bulb; papaya; safflower, seed; and nut, tree, group 14.
Acequinocyl, pesticide tolerances: Final rule, published May 2, 2012, effective May 2, 2012, objections and requests for hearings by July 2, 2012
Text
The Environmental Protection Agency establishes tolerances for residues of acequinocyl in or on multiple commodities. This regulation additionally removes several established individual tolerances, as they will be superseded by inclusion in crop subgroup tolerances or by updated commodity terminology.
Revisions to the Unregulated Contaminant Monitoring Regulation (UCMR 3) for Public Water Systems: Final rule, published May 2, 2012, effective June 1, 2012, issued as of 1 p.m. Eastern time May 16, 2012
PDF | Text
The 1996 amendments to the Safe Drinking Water Act (SDWA) require that the U.S. Environmental Protection Agency establish criteria for a program to monitor unregulated contaminants and publish a list of up to 30 contaminants to be monitored every five years. This final rule issues the third Unregulated Contaminant Monitoring Regulation (i.e., UCMR 3), listing the unregulated contaminants to be monitored and addressing the requirements for such monitoring. This final rule describes analytical methods to monitor for 28 chemical contaminants and describes the monitoring for two viruses. UCMR 3 provides scientifically valid data on the occurrence of these contaminants in drinking water, permitting the assessment of the number of people potentially being exposed and the levels of that exposure. These data are one of the primary sources of occurrence and exposure information the EPA uses to develop regulatory decisions for these contaminants.
PROPOSED REGULATIONS
Approval and promulgation of air quality implementation plans, Maryland, removal of the 1980 Consent Order for the Maryland Slag Company: Proposed rule, published May 2, 2012, written comments by June 1, 2012
Text
The Environmental Protection Agency proposes to approve the State Implementation Plan (SIP) revision submitted to remove a 1980 Consent Order issued to the Maryland Slag Company (now known as MultServ). The 1980 Consent Order is no longer required to satisfy applicable federal regulations and the Clean Air Act.
Receipt of several pesticide petitions filed for residues of pesticide chemicals in or on various commodities: Notice of filing of petitions and request for comment, published May 2, 2012, comments by June 1, 2012
Text
The Environmental Protection Agency announces its receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.
------
------
------
DEPARTMENT OF THE INTERIOR (DOI)
NEWLY PUBLISHED REGULATIONS
SURFACE MINING RECLAMATION AND ENFORCEMENT OFFICE (OSM)
Iowa regulatory program: Final rule, approval of amendment, published May 2, 2012, effective May 2, 2012
Text
The Office of Surface Mining Reclamation and Enforcement announces approval of a proposed amendment to the Iowa regulatory program under the Surface Mining Control and Reclamation Act to revise its regulatory program by updating its adoption by reference of applicable parts of 30 CFR Part 700 to End from the July 1, 2002, version to the July 1, 2010, version.
Oklahoma regulatory program: Final rule, approval of amendment, published May 2, 2012, effective May 2, 2012
Text
The Office of Surface Mining Reclamation and Enforcement approves an amendment to the Oklahoma regulatory program under the Surface Mining Control and Reclamation Act revising its regulations regarding subsidence allegation reporting requirements and requirements for bond calculation at permit renewal. Oklahoma revised its regulatory program at its own initiative for operational efficiency.
Pennsylvania regulatory program: Final rule, removal of required amendment, published May 2, 2012, effective May 2, 2012
Text
The Office of Surface Mining Reclamation and Enforcement approves a request by Pennsylvania to remove a required amendment to Pennsylvania's regulatory program regulations under the Surface Mining Control and Reclamation Act. The removed provision required Pennsylvania to demonstrate that all applications for surface mining permits in Pennsylvania include the specific information for all cessation orders received by the applicant and anyone linked to the applicant through ownership and control, prior to the date of the application.
------
------
NATURAL RESOURCES REVENUE OFFICE (ONRR)
Amendments to ONRR's Web site and mailing addresses and payment definitions: Final rule, published May 2, 2012, effective May 2, 2012
Text
The Office of Natural Resources Revenue amends Web site and mailing addresses and payment definitions listed in 30 CFR Chapter XII.
Debt collection and administrative offset for monies due the federal government: Final rule, published May 2, 2012, effective June 1, 2012
Text
The Office of Natural Resources Revenue issues regulations to establish procedures for collection of delinquent royalties, rentals, bonuses, and other amounts due under leases and other agreements for the production of oil, natural gas, coal, geothermal energy, other minerals, and renewable energy from federal lands onshore, Indian tribal and allotted lands, and the Outer Continental Shelf. The regulations include provisions for administrative offset and clarify and implement the provisions of the Debt Collection Act and the Debt Collection Improvement Act.
PROPOSED REGULATIONS
SURFACE MINING RECLAMATION AND ENFORCEMENT OFFICE (OSM)
Texas regulatory program: Proposed rule, public comment period and opportunity for public hearing on proposed amendment, published May 2, 2012, written comments by 4 p.m. Central Daylight Time June 1, 2012, public hearing May 29, 2012 if requested, requests to speak at a hearing by 4 p.m., CDT May 17, 2012
Text
The Office of Surface Mining Reclamation and Enforcement announces receipt of a proposed amendment to the Texas regulatory program under the Surface Mining Control and Reclamation Act. Texas proposes revisions to its regulations regarding: definitions; review of permit applications; criteria for permit approval or denial; commission review of outstanding permits; challenge of ownership or control and applicant/violator system procedures; identification of interests and compliance information; mining in previously mined areas; conditions of permits; revegetation standards; cessation orders; alternative enforcement; application approval and notice; permit revisions; permit renewals; transfer, assignment or sale of permit rights; and requirements for new permits for persons succeeding to rights granted under a permit. Texas intends to revise its program to be no less effective than the federal regulations and improve operational efficiency.