U.S. Federal Register Update

May 16, 2009 – May 29, 2009

The U.S. Federal Register Update contains summaries of entries in the U.S. Federal Register that relate to the standards and conformity assessment community. Summaries are divided into items that would be of broad interest to the entire community (top section) and items that may be more targeted toward specific stakeholders (bottom section). This update is provided on a weekly basis by ANSI as a service to its members as part of the ANSI What’s New? email newsletter.

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Broad Interest Items

Topic Multi-Agency Informational Meeting Concerning Compliance With the Federal Select Agent Program; Public Meeting

Date-CFR-Ref.-Pages 05/22/2009 N/A USDA pp. 23991-23992

Standard Ref. N/A

Summary This is to notify all interested parties, including individuals and entities possessing, using, or transferring biological agents and toxins listed in 7 CFR 331.3, 9 CFR 121.3 and 121.4, or 42 CFR 73.3 and 73.4, that a meeting will be held to provide specific regulatory guidance related to the Federal Select Agent Program established under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. The meeting is being organized by the U.S. Department of Agriculture's Animal and Plant Health Inspection Service, the Department of Health and Human Services' Centers for Disease Control and Prevention, and the Department of Justice's Federal Bureau of Investigation. Issues to be discussed include entity registration, security risk assessments, biosafety requirements, and security measures.

Topic Smart Grid Policy; Notice Requesting Supplemental Comments

Date-CFR-Ref.-Pages 05/21/2009 18 CFR Chapter I FERC pp. 23810-23811

Standard Ref. N/A

Summary On March 19, 2009, the Federal Energy Regulatory Commission (Commission) issued a Proposed Policy Statement and Action Plan (Proposed Policy Statement) that, among other things, proposed an interim rate policy to encourage the development of smart grid systems. In this notice, the Commission seeks supplemental comments regarding rate recovery for certain smart grid investments.

Topic Enhancements to Emergency Preparedness Regulations; Proposed Rule

Date-CFR-Ref.-Pages 05/18/2009 10 CFR Parts 50 and 52 NRC pp. 23253-23286

Standard Ref. ANS

Summary The Nuclear Regulatory Commission (NRC or Commission) is proposing to amend certain emergency preparedness (EP) requirements in its regulations that govern domestic licensing of production and utilization facilities. A conforming provision would also be added in the regulations that govern licenses, certifications, and approvals for new nuclear power plants. The proposed amendments would codify certain voluntary protective measures contained in NRC Bulletin 2005-02, ``Emergency Preparedness and Response Actions for Security-Based Events,'' and other generically applicable requirements similar to those previously imposed by Commission orders. They would also amend other licensee emergency plan requirements based on a comprehensive review of the NRC's EP regulations and guidance. The proposed requirements would enhance the ability of licensees in preparing to take and taking certain emergency preparedness and protective measures in the event of a radiological emergency; address, in part, security issues identified after the terrorist events of September 11, 2001; clarify regulations to effect consistent emergency plan implementation among licensees; and modify certain EP requirements to be more effective and efficient.

Topic The Lead in Construction Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

Date-CFR-Ref.-Pages 05/18/2009 N/A OSHA pp. 23210-23211

Standard Ref. N/A

Summary OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Lead in Construction Standard (29 CFR 1926.62).

Topic Lead in General Industry Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

Date-CFR-Ref.-Pages 05/18/2009 N/A OSHA pp. 23209-23210

Standard Ref. N/A

Summary OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Lead in General Industry Standard (29 CFR 1910.1025).

Targeted Interest Items

Topic Energy Conservation Program: Energy Conservation Standards for Refrigerated Bottled or Canned Beverage Vending Machines; Proposed Rule

Date-CFR-Ref.-Pages 05/29/2009 10 CFR Part 431 DOE pp. 26019-26075

Standard Ref. AHAM

Summary The Energy Policy and Conservation Act prescribes energy conservation standards for certain commercial and industrial equipment and requires the U.S. Department of Energy (DOE) to administer an energy conservation program for this equipment. In this notice, DOE is proposing new energy conservation standards for refrigerated bottled or canned beverage vending machines. DOE is also announcing a public meeting on its proposed standards.

Topic Office of the National Coordinator for Health Information Technology; Health Information Technology Extension Program

Date-CFR-Ref.-Pages 05/28/2009 N/A HHS pp. 25550-25552

Standard Ref. N/A

Summary This notice announces the draft description of the program for establishing regional centers to assist providers seeking to adopt and become meaningful users of health information technology, as required under Section 3012(c) of the Public Health Service Act, as added by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (ARRA).

Topic Standards of Performance for Coal Preparation and Processing Plants; Proposed Rule

Date-CFR-Ref.-Pages 05/27/2009 40 CFR Part 60 EPA pp. 25303-25327

Standard Ref. N/A

Summary EPA is proposing a supplemental action to the proposed amendments to the new source performance standards for coal preparation and processing plants published on April 28, 2008. The 2008 proposal, among other things, proposed to revise the particulate matter and opacity standards for thermal dryers, pneumatic coal cleaning equipment, and coal handling equipment located at coal preparation and processing plants. This supplemental action proposes to revise the particulate matter emissions and opacity limits included in the original proposal for thermal dryers, pneumatic coal-cleaning equipment, and coal handling equipment. It also proposes to expand the applicability of the thermal dryer standards so that the proposed standards for thermal dryers would apply to both direct contact and indirect contact thermal dryers drying all coal ranks and pneumatic coal-cleaning equipment cleaning all coal ranks. In addition, it proposes to establish a sulfur dioxide emission limit and a combined nitrogen oxide and carbon monoxide emissions limit for thermal dryers. We are also proposing to amend the definition of coal for purposes of subpart Y to include petroleum coke and coal refuse. Finally, it proposes to establish work practice standards to control coal dust emissions from open storage piles and roadways associated with coal preparation and processing plants.

Topic HIT Standards Committee Schedule for the Assessment of HIT Policy Committee Recommendations

Date-CFR-Ref.-Pages 05/26/2009 N/S HHS pp. 24854-24855

Standard Ref. N/A

Summary Section 3003(b)(3) of the American Recovery and Reinvestment Act of 2009 mandates that the HIT Standards Committee develop a schedule for the assessment of policy recommendations developed by the HIT Policy Committee and publish it in the Federal Register. This notice fulfills the requirements of Section 3003(b)(3) and shall be updated at least annually.

Topic Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard Program; Proposed Rule

Date-CFR-Ref.-Pages 05/26/2009 40 CFR Part 80 EPA pp. 24903-24952

Standard Ref. N/A

Summary Under the Clean Air Act, as amended by Sections 201, 202, and 210 of the Energy Independence and Security Act of 2007, the Environmental Protection Agency is required to promulgate regulations implementing changes to the Renewable Fuel Standard program. The revised statutory requirements specify the volumes of cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel that must be used in transportation fuel each year, with the volumes increasing over time. The revised statutory requirements also include new definitions and criteria for both renewable fuels and the feedstocks used to produce them, including new greenhouse gas emission thresholds for renewable fuels. For the first time in a regulatory program, an assessment of greenhouse gas emission performance is being utilized to establish those fuels that qualify for the four different renewable fuel standards.

Topic Medicare and Medicaid Programs; Application by the Community Health Accreditation Program for Continued Deeming Authority for Hospices

Date-CFR-Ref.-Pages 05/22/2009 N/A HHS pp. 24015-24017

Standard Ref. CHAP

Summary This proposed notice acknowledges the receipt of a deeming application from the Community Health Accreditation Program (CHAP) for continued recognition as a national accrediting organization for hospices that wish to participate in the Medicare or Medicaid programs. The statute requires that within 60 days of receipt of an organization's complete application, we publish a notice that identifies the national accrediting body making the request, describes the nature of the request, and provides at least a 30-day public comment period.

Topic Medicare Program; Proposed Changes to the Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and Fiscal Year 2010 Rates and to the Long-Term Care Hospital Prospective Payment System and Rate Year 2010 Rates; Proposed Rule

Date-CFR-Ref.-Pages 05/22/2009 42 CFR Parts 412, 413, 415 et al. HHS pp. 24079-24128

Standard Ref. AHIMA

Summary We are proposing to revise the Medicare hospital inpatient prospective payment systems (IPPS) for operating and capital-related costs of acute care hospitals to implement changes arising from our continuing experience with these systems, and to implement certain provisions made by the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA, Pub. L. 110-275) and the American Recovery and Reinvestment Act of 2009 (ARRA, Pub. L. 111-5). In addition, in the Addendum to this proposed rule, we describe the proposed changes to the amounts and factors used to determine the rates for Medicare acute care hospital inpatient services for operating costs and capital-related costs. These proposed changes would be applicable to discharges occurring on or after October 1, 2009. We also are setting forth the proposed update to the rate-of-increase limits for certain hospitals excluded from the IPPS that are paid on a reasonable cost basis subject to these limits. The proposed updated rate-of-increase limits would be effective for cost reporting periods beginning on or after October 1, 2009.

Topic Notice of Upcoming Joint Rulemaking To Establish Vehicle GHG Emissions and CAFE Standards

Date-CFR-Ref.-Pages 05/22/2009 N/A EPA/DOT pp. 24007-24012

Standard Ref. CAFE

Summary There is a critically important need for our country to address global climate change and to reduce oil consumption. In this context, EPA and DOT currently intend to work in coordination to propose standards for control of emissions of greenhouse gases and for fuel economy, respectively. If proposed and finalized, these standards would apply to passenger cars, light-duty trucks, and medium-duty passenger vehicles (light-duty vehicles) built in model years 2012 through 2016. Together, these vehicle categories, which include passenger cars, sport utility vehicles, minivans, and pickup trucks, are responsible for almost 60 percent of all U.S. transportation-related greenhouse gas emissions. If ultimately adopted, these standards would represent a harmonized and consistent national policy pursuant to the separate statutory frameworks under which EPA and DOT operate. The approach addressed in this Notice, if ultimately adopted, is intended to allow manufacturers to build a single light-duty national fleet that would satisfy all requirements under both programs and would provide significant reductions in both greenhouse gas emissions and oil consumption.

Topic Approval Tests and Standards for Closed-Circuit Escape Respirators

Date-CFR-Ref.-Pages 05/21/2009 42 CFR Part 84 DHHS p.23814

Standard Ref.

Summary The Department of Health and Human Services (DHHS) is reopening the comment period until June 19, 2009 concerning the proposed rule for Approval Tests and Standards for Closed-Circuit Escape Respirators that was published in the Federal Register on Wednesday, December 10, 2008 (73 FR 75027). The previous comment period closed on April 10, 2009.

Topic Public Hearing for the RFS2 Rule

Date-CFR-Ref.-Pages 05/21/2009 40 CFR Part 80 EPA pp. 23678-23679

Standard Ref. N/A

Summary The EPA is announcing a public hearing to be held for the proposed rule ``Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard Program'' (the proposed rule is hereinafter referred to as ``RFS2''), which will be published separately in the Federal Register. The hearing will be held in Washington, DC on June 9, 2009.

Topic Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants; NUREG-0654/FEMA-REP-1/Rev. 1 Supplement 4 and FEMA Radiological Emergency Preparedness Program Manual

Date-CFR-Ref.-Pages 05/18/2009 N/A FEMA pp. 23198-23200

Standard Ref. N/A

Summary The Federal Emergency Management Agency (FEMA) is accepting comments on two documents: the proposed Supplement 4 (Supplement 4) to ``Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants,'' NUREG-0654/FEMA-REP-1/Rev. 1 (NUREG-0654), and the proposed Radiological Emergency Preparedness Program Manual (the REPP Manual). NUREG-0654 is a joint document issued by the Nuclear Regulatory Commission (NRC) and FEMA that contains the Evaluation Criteria against which FEMA and the NRC measure the emergency preparedness plans of Nuclear Power Plant owners and operators and the State, local, and Tribal jurisdictions in which they sit. The REPP Manual provides additional implementation guidance for State, local, and Tribal jurisdictions.