COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Jan. 11, 2012
AGRICULTURE:
AGRICULTURE (USDA)
PROPOSED REGULATIONS
FOOD AND NUTRITION SERVICE (FNS)
Food Distribution Program on Indian reservations, income deductions and resource eligibility: Proposed rule, published Jan. 11, 2012, comments by April 10, 2012
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The Food and Nutrition Service proposes to amend regulations for the Food Distribution Program on Indian Reservations (FDPIR), which are intended to simplify and improve the administration of and expand access to the FDPIR, and promote conformity with the Supplemental Nutrition Assistance Program (SNAP). This rule also proposes to establish an income deduction for shelter and utility expenses. Finally, the agency proposes verification requirements related to the proposed income deductions and revisions to the household reporting requirements that are meant to more closely align the FDPIR and the SNAP regulations.
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COMMERCE:
COMMUNICATION (FCC)
NEWLY PUBLISHED REGULATIONS
Connect America Fund, developing a unified intercarrier compensation regime, Lifeline and Link Up: Final rule, published Jan. 11, 2012, effective Jan. 11, 2012
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The Federal Communications Commission amends rules regarding the attributes of “voice telephony service” to be supported by the federal universal service support mechanisms to reflect the evolution of the marketplace and to limit supported services. The agency also waives certain effective dates so that intercarrier compensation for non-access traffic exchanged between Local Exchange Carriers and Commercial Mobile Radio Service providers under an interconnection agreement in effect Dec. 23, 2011, is subject to a default bill-and-keep methodology as of July 1, 2012, rather than Dec. 29, 2011. This action limits marketplace disruption by delaying bill-and-keep until carriers are eligible to receive recovery as part of the transitional revenue recovery mechanism for this type of traffic.
PROPOSED REGULATIONS
Connect America Fund, private land mobile radio service regulations: Proposed rule, published Jan. 11, 2012, comments by Feb. 10, 2012, reply comments by Feb. 27, 2012
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The Federal Communications Commission proposes to permit the implementation of foreign object debris detection radar in the 78-81 GHz band. Foreign object debris at airports can seriously threaten the safety of airport personnel and airline passengers and can have a negative impact on airport logistics and operations. The agency requests comments on service and technical rules, and on whether such operations should be authorized on a licensed or unlicensed basis.
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ENVIRONMENT, ENERGY & RESOURCES:
ENERGY (DOE)
NEWLY PUBLISHED REGULATIONS
Energy Conservation Program, Test Procedure for Automatic Commercial Ice Makers:Final rule, published Jan. 11, 2012, effective Feb. 10, 2012, final rule changes are mandatory for equipment testing starting Jan. 7, 2013, including written representations and broadcast advertisement regarding energy consumption of automatic commercial ice makers
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The U.S. Department of Energy amends the current test procedure for automatic commercial ice makers, using its April 4, 2011 proposal as the basis for this action. This action updates the incorporation by reference of industry test procedures to the most current published versions, expands coverage of the test procedure to all batch type and continuous type ice makers with capacities between 50 and 4,000 pounds of ice per 24 hours, standardizes test results based on ice hardness for continuous type ice makers, clarifies the test methods and reporting requirements for automatic ice makers designed to be connected to a remote compressor rack, and discontinues the use of a clarified energy use equation.
PROPOSED REGULATIONS
Energy Conservation Program for consumer products and certain commercial and industrial equipment, proposed determination of residential central air conditioner split-system condensing units and residential heat pump split-system outdoor units as a covered consumer product: Proposed determination, published Jan. 11, 2012, written comments, data, and information by Feb. 10, 2012
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The U.S. Department of Energy proposes to determine that Residential Central Air Conditioner Split-System Condensing Units and Residential Heat Pump Split-System Outdoor Units qualify as a covered product under Part A of Title III of the Energy Policy and Conservation Act.
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ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Bacillus subtilis strain CX-9060, exemption from the requirement of a tolerance: Final rule, published Jan. 11, 2012, effective Jan. 11, 2012, objections and requests for hearings by March 12, 2012
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The Environmental Protection Agency establishes an exemption from the requirement of a tolerance for residues of the microbial pesticide Bacillus subtilis strain CX-9060 in or on all food commodities when applied/used in accordance with good agricultural practices. This action eliminates the need to establish a maximum permissible level for residues of Bacillus subtilis strain CX-9060.
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MONEY:
TREASURY (USDT)
NEWLY PUBLISHED REGULATIONS
Privacy Act of 1974, implementation: Final rule, published Jan. 11, 2012, effective Jan. 11, 2012
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The Department of the Treasury updates its Privacy Act regulations to add an exemption from certain provisions of the Privacy Act for a system of records regarding the Office of Civil Rights and Diversity.
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NATIONAL SECURITY:
DEFENSE (DoD)
NEWLY PUBLISHED REGULATIONS
Federal Acquisition Regulation, Public Access to the Federal Awardee Performance and Integrity Information System: Correction, published Jan. 11, 2012, effective date remains Jan. 3, 2012, applicability date applies to solicitations issued on or after Jan. 17, 2012
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The Department of Defense, the General Services Administration and the National Aeronautics and Space Administration correct the Jan. 3, 2012 final rule regarding public access to the Federal Awardee Performance and Integrity Information System, by posting an applicability date to the rule that was inadvertently omitted.
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TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Socata airplanes: Final rule, published Jan. 11, 2012, effective Feb. 15, 2012
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PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: This airworthiness directive (AD) results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on Socata Model TBM 700 airplanes. The MCAI describes the unsafe condition as installation of the wrong (switched) aileron control cables in the wing. This unsafe condition could lead to restricted movement of the aileron, resulting in reduced control of the airplane.
Airworthiness directives, Schempp-Hirth Flugzeugbau GmbH gliders: Final rule, published Jan. 11, 2012, effective Feb. 15, 2012
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PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on Schempp-Hirth Flugzeugbau GmbH gliders. The MCAI describes the unsafe condition as small cracks which have been found on engine pylons in the area of the lower engine support that have not been detected during the standard daily inspection. This condition, if not detected and corrected, could lead to an engine pylon failure resulting in loss of control of the glider.
Airworthiness directives, various aircraft equipped with Rotax Aircraft Engines 912 A series engine: Final rule, request for comments, published Jan. 11, 2012, effective Jan. 26, 2012, comments by Feb. 27, 2012
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PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on various aircraft equipped with Rotax Aircraft Engines 912 A series engine. The MCAI describes the unsafe condition as a deviation in the manufacturing process of certain part number 888164 crankshafts that may cause cracks on the surface of the crankshaft on the power take off side, which could lead to failure of the crankshaft support bearing and possibly result in an in-flight engine shutdown and forced landing.
Authorization to use lower than standard takeoff, approach and landing minimums at military and foreign airports: Direct final rule, request for comments, published Jan. 11, 2012, effective Feb. 27, 2012, comments by Feb. 10, 2012
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The Federal Aviation Administration allows qualified operators to conduct lower than standard instrument flight rules (IFR) airport operations at military airports or outside the United States when authorized to do so by their operations specifications. This action is because the current regulatory section limits certain operators to a takeoff minimum visibility of 1 mile, and a landing minimum visibility of \1/2\ mile when conducting IFR operations at those airports, even when the operator has demonstrated the ability to safely conduct operations in lower visibility. This action is to bring the identified regulatory section into alignment with other sections of the regulations that currently permit lower than standard IFR operations at domestic civilian, foreign, and military airports when authorized to do so.
Harmonization of airworthiness standards for transport category airplanes, landing gear retracting mechanisms and pilot compartment view: Final rule, published Jan. 11, 2012, effective March 12, 2012
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The Federal Aviation Administration amends the airworthiness standards for transport category airplanes on landing gear retracting mechanisms and the pilot compartment view. For the landing gear retracting mechanism, this rulemaking adopts the 1-g stall speed as a reference stall speed instead of the minimum speed obtained in a stalling maneuver and adds an additional requirement to keep the landing gear and doors in the correct retracted position in flight. For the pilot compartment view, this rulemaking revises the requirements for pilot compartment view in precipitation conditions. This rule is meant to eliminate regulatory differences between the airworthiness standards of the U.S. and those of the European Aviation Safety Agency, without affecting current industry design practices.
Special conditions, The Boeing Company, Model 767-300, seats with inflatable lapbelts: Final special conditions, request for comments, published Jan. 11, 2012, effective Jan. 5, 2012, comments by Feb. 27, 2012
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The Federal Aviation Administration issues these special conditions for the Boeing Model 767-300 series airplanes to establish a level of safety equivalent to that established by the existing airworthiness standards. These airplanes will have a novel or unusual design feature associated with seats with inflatable lapbelts.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Agusta S.p.A. Model A109, A109A, A109A II, A109C, A109K2, A109E, A109S, and A119 helicopters: Notice of proposed rulemaking, published Jan. 11, 2012, comments by March 12, 2012
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PURPOSE: This proposed airworthiness directive (AD) would require actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: This proposed AD is prompted by a mandatory continuing airworthiness information (MCAI) AD issued by the European Aviation Safety Agency regarding Agusta Model A109E helicopters. The MCAI AD states that an Agusta Model A109E helicopter has experienced a failure of the tail rotor pitch control link assembly caused by a production defect. This proposed AD requires actions intended to prevent failure of a tail rotor pitch control link and subsequent loss of control of the helicopter.
The Federal Aviation Administration proposes to adopt a new AD for all Agusta S.p.A. Model A109, A109A, A109A II, A109C, A109K2, A109E, A109S, and A119 helicopters.
Proposed establishment of Restricted Areas R-5402, R-5403A, R-5403B, R-5403C, R-5403D, R-5403E, R-5403F; Devils Lake, North Dakota: Notice of proposed rulemaking, extension of comment period from Jan. 12 to Feb. 12, 2012, published Jan. 11, 2012
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The Federal Aviation Administration extends the comment period for a Nov. 28, 2011 proposal to establish restricted area airspace within the Devils Lake East Military Operations Area, overlying Camp Grafton Range, near Devils Lake, N.D.
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