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COURTHOUSE NEWS SERVICE

Federal Regulation Brief

Oct. 24, 2011

COMMERCE:

COMMERCE (DOC)

PROPOSED REGULATIONS

NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION (NOAA)

Atlantic highly migratory species, Atlantic shark management measures: Stock status determinations, notice of intent to prepare an Environmental Impact Statement, request for comments, correction, published Oct. 24, 2011

[TEXT]

The National Marine Fisheries Service corrects the date for a scoping meeting held Oct. 11, 2011 in Galloway, N.J., regarding the stock status of several Atlantic shark stocks and announced the agency’s intent to amend the 2006 Consolidated Highly Migratory Species Fishery Management Plan to rebuild these shark stocks and end overfishing.

Fisheries of the Caribbean, Gulf of Mexico and South Atlantic, coastal migratory pelagic resources in the Gulf of Mexico and Atlantic Region, Amendment 18: Proposed rule, published Oct. 24, 2011, written comments by Nov. 21, 2011

[TEXT]

The National Marine Fisheries Service proposes to implement Amendment 18 to the fishery management plan for the coastal migratory pelagic resources in the Gulf of Mexico and Atlantic region which would remove species from the fishery management plan; modify the framework procedures; establish two migratory groups for cobia; and establish annual catch limits, annual catch targets and accountability measures for king mackerel, Spanish mackerel and cobia. In addition, Amendment 18 would set allocations for Atlantic cobia and establish control rules for king mackerel, Spanish mackerel and cobia. This rule specifies annual catch limits for species not undergoing overfishing while maintaining catch levels consistent with achieving optimum yield for the resource.

Fisheries off west coast states, west coast salmon fisheries, salmon fishery management plan, Amendment 16: Proposed rule, notice of availability of a draft environmental assessment, published Oct. 24, 2011, written comments by Nov. 18, 2011

[TEXT]

The National Marine Fisheries Service proposes regulations to implement Amendment 16 to the Pacific coast salmon fishery management plan for commercial and recreational salmon fisheries off the coasts of Washington, Oregon and

California. Amendment 16 brings the salmon fishery management plan into compliance with the Magnuson-Stevens Fishery Conservation and Management Act, and the corresponding revised National Standard 1 Guidelines to end and prevent overfishing. This action also announces the availability for public review and comment of a draft environmental assessment analyzing the environmental impacts of implementing Amendment 16.

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POSTAL SERVICE (USPS)

PROPOSED REGULATIONS

International mail, product rate and fee changes: Proposed rule, published Oct. 24, 2011, comments by Nov. 23, 2011

[TEXT]

The U.S. Postal Service filed a notice of mailing services price adjustments with the Postal Regulatory Commission in October 2011, effective Jan. 22, 2012. This proposed rule contains the revisions to Mailing Standards of the U.S. Postal Service, International Mail Manual that would accompany the new prices.

New standards for domestic mailing services: Proposed rule, published Oct. 24, 2011, comments by Nov. 23, 2011

[TEXT]

The U.S. Postal Service filed a notice of mailing services price adjustments with the Postal Regulatory Commission in October 2011, effective Jan. 22, 2012. This proposed rule contains the revisions to the Mailing Standards of the U.S. Postal Service, Domestic Mail Manual to be adopted to implement the changes coincident with the price adjustments.

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ENVIRONMENT, ENERGY & RESOURCES:

ENERGY (DOE)

PROPOSED REGULATIONS

Assistance to foreign atomic energy activities: Notice of a public meeting and extension of deadline for public comment, published Oct. 24, 2011, Webinar 10 a.m. to 11:30 a.m. EST Nov. 2, 2011, comments by Dec. 7, 2011

[TEXT]

The U.S. Department of Energy will hold one informational Webinar on the Sept. 7, 2011 proposed amendment to the regulations concerning unclassified assistance to foreign atomic energy activities, and extends the public comment deadline by 30 days.

Energy Conservation Program for Consumer Products, test procedures for residential central air conditioners and heat pumps: Supplemental notice of proposed rulemaking, published Oct. 24, 2011, comments, data, and other information by Nov. 23, 2011

[TEXT][PDF]

The U.S. Department of Energy proposes amendments to the June 2010 notice of proposed rulemaking and the April 2011 supplemental notice of proposed rulemaking regarding the test procedure for residential central air conditioners and heat pumps. These amendments would change the off-mode laboratory test steps and calculation algorithm to determine off-mode power consumption for residential central air conditioners and heat pumps.

Energy Conservation Program, framework document for general service fluorescent lamps and incandescent reflector lamps: Notice of extension of public comment period, published Oct. 24, 2011, comments, data, and information regarding the framework document by Nov. 28, 2011

[TEXT]

The U.S. Department of Energy extends the period for submitting comments on the framework document published in the Sept. 14, 2011 Federal Register to Nov. 28, 2011.

Energy Conservation Program, test procedures for microwave ovens: Request for information, published Oct. 24, 2011, written comments and information by Nov. 23, 2011

[TEXT]

The U.S. Department of Energy has initiated a test procedure rulemaking to develop active mode testing methodologies for residential microwave ovens. The DOE specifically requests information, data, and comments regarding representative and repeatable methods for measuring the energy use of microwave-only ovens and combination microwave ovens, including: Food loads representative of consumer use; the repeatability of energy use measurements using different food loads; and consumer usage data on the hours of operation in active mode, standby mode, and off mode for the development of an integrated energy use metric.

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ENVIRONMENTAL PROTECTION (EPA)

PROPOSED REGULATIONS

New source performance standards review: Advanced notice of proposed rulemaking, published Oct. 24, 2011, comments by Nov. 23, 2011

[TEXT]

The Environmental Protection Agency is requesting public comments on a proposed approach the EPA has developed to carry out the statutorily required periodic evaluation of the new source performance standards (NSPS) program. This proposed approach will provide a streamlined process to ensure that public and private resources are focused on the rules that provide the greatest public health protection and are most likely to warrant revision to include current technology and eliminate obsolete or unnecessary requirements. By demonstrating the continued efficacy of the standards, the agency will be able to fulfill its statutory requirement to review, and, if necessary, revise NSPS at a minimum of every 8 years. The EPA is requesting comment on the overall approach to managing the NSPS program, in particular the criteria used to determine that no review is needed for a subset of the NSPS.

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HEALTH:

HEALTH AND HUMAN SERVICES (HHS)

NEWLY PUBLISHED REGULATIONS

CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)

Medicare Program, changes to the ambulatory surgical centers patient rights conditions for coverage: Final rule, published Oct. 24, 2011, effective Dec. 23, 2011

[TEXT]

The Centers for Medicare & Medicaid Services revise the ambulatory surgical centers conditions for coverage (CfC) to allow patient rights information to be provided to the patient, the patient's representative, or the patient's surrogate prior to the start of the surgical procedure. In addition, the CMS made minor changes to the CfC for patient rights requirements.

PROPOSED REGULATIONS

CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)

Medicare and Medicaid Programs, reform of hospital and critical access hospital conditions of participation: Proposed rule, published Oct. 24, 2011, comments by 5 p.m. Dec. 23, 2011

[TEXT]

The Centers for Medicare & Medicaid Services propose a rule that would revise the requirements that hospitals and critical access hospitals must meet to participate in the Medicare and Medicaid programs. These proposed changes are an integral part of the CMS’ efforts to reduce procedural burdens on providers.

Medicare and Medicaid Programs, regulatory provisions to promote program efficiency, transparency, and burden reduction: Proposed rule, published Oct. 24, 2011, comments by 5 p.m. Dec.23, 2011

[TEXT]

The Centers for Medicare & Medicaid Services identify and propose reforms in Medicare and Medicaid regulations that the CMS have identified as unnecessary, obsolete, or excessively burdensome on health care providers and beneficiaries. This proposed rule would increase the ability of health care professionals to devote resources to improving patient care, by eliminating or reducing requirements that impede quality patient care or that divert providing high quality patient care.

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MONEY:

SECURITIES AND EXCHANGE COMMISSION (SEC)

PROPOSED REGULATIONS

Registration of security-based swap dealers and major security-based swap participants: Proposed rule, published Oct. 24, 2011, comments by Dec. 19, 2011

[TEXT][PDF]

The Securities and Exchange Commission proposes new Rules 15Fb1-1 through 15Fb6-1 under the Securities Exchange Act to provide for the registration of security-based swap dealers and major security-based swap participants. The agency also proposes forms to facilitate registration (and withdrawal from registration) of these entities.

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TREASURY (USDT)

PROPOSED REGULATIONS

INTERNAL REVENUE SERVICE (IRS)

Redetermination of the consolidated net unrealized built-in gain and loss: Notice of proposed rulemaking, published Oct. 24, 2011, written or electronic comments and requests for a public hearing by Jan. 23, 2012

[TEXT]

The Internal Revenue Service proposes regulations applying to corporations filing consolidated returns that will require a loss group or loss subgroup to redetermine its consolidated net unrealized built-in gain and loss in certain circumstances.

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NATIONAL SECURITY:

HOMELAND SECURITY (DHS)

NEWLY PUBLISHED REGULATIONS

COAST GUARD (USCG)

Safety zone, Brandon Road Lock and Dam to Lake Michigan, Chicago, Illinois: Notice of enforcement of regulation, published Oct. 24, 2011, enforced various times 7 a.m. Oct. 31 to 6 p.m. Nov. 8, 2011

[TEXT]

The U.S. Coast Guard enforces a segment of the safety zone from Brandon Road Lock and Dam to Lake Michigan including the Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River and the Calumet-Saganashkee Channel on all waters of the Chicago Sanitary and Ship Canal from mile marker 296.1 to mile marker 296.7 due to the U.S. Army Corps of Engineers’ dispersal barrier maintenance operations.

Safety zone, Brandon Road Lock and Dam to Lake Michigan, Chicago, Illinois, dispersal barriers IIA and IIB: Notice of enforcement of regulation, published Oct. 24, 2011, enforced 7 a.m. to 11 a.m. and 1 p.m. to 5 p.m. Nov. 10-11, 2011

[TEXT]

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TRANSPORTATION

TRANSPORTATION (DOT)

NEWLY PUBLISHED REGULATIONS

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)

Final theft data, motor vehicle theft prevention standard: Publication of 2009 final theft data, published Oct. 24, 2011, effective Oct. 24, 2011

[TEXT][PDF]

The National Highway Traffic Safety Administration publishes the final data on thefts of model year (MY) 2009 passenger motor vehicles that occurred in calendar year (CY) 2009. The final 2009 theft data indicated a decrease in the vehicle theft rate experienced in CY/MY 2009. The final theft rate for MY 2009 passenger vehicles stolen in calendar year 2009 is 1.33 thefts per thousand vehicles, a decrease of 21.3 percent from the rate of 1.69 thefts per thousand in 2008. Publication of these data fulfills the agency's statutory obligation to periodically obtain accurate and timely theft data and publish the information for review and comment.

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