COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Oct. 19, 2011
AGRICULTURE:
AGRICULTURE (USDA)
PROPOSED REGULATIONS
COMMODITY CREDIT CORPORATION (CCC)
Sugar program, Feedstock Flexibility Program for bioenergy producers: Proposed rule, published Oct. 19, 2011, comments by Dec. 19, 2011
[TEXT]
The Commodity Credit Corporation proposes regulations regarding general sugar inventory disposition and the establishment of a new Feedstock Flexibility Program that requires the Secretary to purchase sugar to produce bioenergy as a means to avoid forfeitures of sugar loan collateral under the sugar loan program.
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COMMERCE:
COMMUNICATION (FCC)
PROPOSED REGULATIONS
Inquiry into disbursement process for the Universal Service Fund low income program: Proposed rule, request for comments, published Oct. 19, 2011, comments by Nov. 18, 2011, reply comments by Dec. 5, 2011, written information collection comments to the Office of Management and Budget by Dec. 19, 2011
[TEXT]
The Wireline Competition Bureau requests comments on a proposed rule for disbursing Universal Service Fund low income support to eligible telecommunications carriers based on claims for reimbursement of actual support payments made, instead of projected claims for support. The agency also requests comments on a proposed requirement that the FCC Form 497 be filed monthly.
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CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
PROPOSED REGULATIONS
Review of regulations: Request for comments and information, published Oct. 19, 2011, comments by Dec. 19, 2011
[TEXT]
In response to President Obama’s Jan. 18, 2011, executive order “Improving Regulation and Regulatory Review,” the Consumer Product Safety Commission requests public input on its preliminary plan to review its regulations and to submit suggestions as to which CPSC regulations should be modified, expanded, streamlined, or repealed.
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ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Approval and Promulgation of Air Quality Implementation Plans, Ohio and Indiana, redesignation of the Ohio and Indiana parts Cincinnati–Hamilton Area: Direct final rule, published Oct. 19, 2011, effective Dec. 19, 2011, unless adverse comments are received by Nov. 18, 2011
[TEXT]
The Environmental Protection Agency approves Ohio's and Indiana's requests to redesignate their respective parts of the Cincinnati-Hamilton nonattainment area (for Ohio: Butler, Clermont, Hamilton, and Warren Counties, Ohio; for IN: a part of Dearborn County) to attainment for the 1997 annual National Ambient Air Quality Standard for fine particulate matter.
Approval and Promulgation of Air Quality Implementation Plans, Virginia, transportation conformity regulations: Direct final rule, published Oct. 19, 2011, effective Dec. 19, 2011 without further notice, unless adverse written comment is received by Nov. 18, 2011
[TEXT]
The Environmental Protection Agency approves revisions to the State Implementation Plan submitted by Virginia which establishes Virginia's transportation conformity requirements.
PROPOSED REGULATIONS
Approval and promulgation of air quality implementation plans, Ohio and Indiana, redesignation of the Ohio and Indiana parts Cincinnati–Hamilton Area: Proposed rule, published Oct. 19, 2011, comments by Nov. 18, 2011
[TEXT]
The Environmental Protection Agency proposes to approve Ohio's and Indiana's requests to redesignate their respective parts of the Cincinnati-Hamilton OH-IN-KY nonattainment area (for Ohio: Butler, Clermont, Hamilton, and Warren Counties, Ohio; for IN: a part of Dearborn County) to attainment for the 1997 annual National Ambient Air Quality Standard for fine particulate matter.
Approval and promulgation of air quality implementation plans, Virginia, transportation conformity regulations: Proposed rule, published Oct. 19, 2011, written comments by Nov. 18, 2011
[TEXT]
The Environmental Protection Agency proposes to approve the State Implementation Plan (SIP) revision submitted by Virginia. The SIP revision amends existing regulation 9VAC5 Chapter 151 to incorporate federal revisions to transportation conformity requirements. In the Final Rules section, the EPA approves Virginia's SIP submittal as a direct final rule without prior proposal because the EPA views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is described in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If the EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.
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DEPARTMENT OF THE INTERIOR (DOI)
PROPOSED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
Endangered and threatened wildlife and plants, designation of revised critical habitat for the tidewater goby: Proposed rule, published Oct. 19, 2011, comments received or postmarked by Dec. 19, 2011, written requests for public hearings by Dec. 5, 2011
[TEXT][PDF]
The U.S. Fish and Wildlife Service proposes to revise critical habitat for the tidewater goby (Eucyclogobius newberryi) under the Endangered Species Act. In total, approximately 12,157 acres are proposed for designation as critical habitat in Del Norte, Humboldt, Mendocino, Sonoma, Marin, San Mateo, Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, and San Diego Counties, California.
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HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
NEWLY PUBLISHED REGULATIONS
FOOD AND DRUG ADMINISTRATION (FDA)
Beverages, bottled water quality standard, establishing an allowable level for di(2–ethylhexyl)phthalate: Final rule, published Oct. 19, 2011, effective April 16, 2012
[TEXT]
The Food and Drug Administration amends its bottled water quality standard regulations to establish an allowable level for a phthalate, the chemical di(2-ethylhexyl)phthalate (DEHP). As a consequence, bottled water manufacturers are required to monitor their finished bottled water products for DEHP at least once each year under the current good manufacturing practice (CGMP) regulations for bottled water. Bottled water manufacturers also are required to monitor their source water for DEHP as often as necessary, but at least once a year unless they meet the criteria for source water monitoring exemptions under the CGMP regulations.
PROPOSED REGULATIONS
FOOD AND DRUG ADMINISTRATION (FDA)
Orphan drug regulations: Proposed rule, published Oct. 19, 2011, electronic or written comments by Jan. 17, 2012, comments on information collection issues by Nov. 18, 2011
[TEXT]
The Food and Drug Administration proposes to amend the 1992 Orphan Drug Regulations issued to implement the Orphan Drug Act. These amendments are to clarify regulatory provisions and make minor improvements to address issues that have arisen since those regulations were issued.
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LAW AND CRIME:
DEPARTMENT OF JUSTICE (DOJ)
NEWLY PUBLISHED REGULATIONS
DRUG ENFORCEMENT ADMINISTRATION (DEA)
Electronic prescriptions for controlled substances: Clarification and notification, published Oct. 19, 2011
[TEXT]
The Drug Enforcement Administration emphasizes that third-party audits of software applications for Electronic Prescriptions for Controlled Substances (EPCS) must encompass all applicable requirements in the agency’s regulations, including security, and must address “processing integrity” as described in the regulations. Where questions or gaps may arise in reviewing a particular application, the agency recommends consulting federal guidelines in the National Institute of Standards and Technology Special Publication 800-53A. The agency also announces the first agency approved certification process for EPCS. Certifying organizations with a certification process approved by the agency under the regulations are posted on the agency’s Web site once approved.
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MONEY:
TREASURY (USDT)
NEWLY PUBLISHED REGULATIONS
INTERNAL REVENUE SERVICE (IRS)
Deduction for qualified film and television production costs: Final and temporary regulations, published Oct. 19, 2011, effective Oct. 18, 2011, applicability dates complex
[TEXT]
The Internal Revenue Service issues final and temporary regulations regarding deductions for the cost of producing film and television productions. These temporary regulations reflect changes to the law made by the Tax Extenders and Alternative Minimum Tax Relief Act, and affect taxpayers that produce films and television productions within the United States. The text of these temporary regulations also serves as the text of the proposed regulations described in the notice of proposed rulemaking.
PROPOSED REGULATIONS
INTERNAL REVENUE SERVICE (IRS)
Deduction for qualified film and television production costs: Notice of proposed rulemaking by cross reference to temporary regulation, published Oct. 19, 2011, written comments and requests for a public hearing by Jan. 17, 2012
[TEXT]
In the Rules and Regulations section, the Internal Revenue Service issues temporary regulations regarding deductions for the costs of producing film and television productions. Those temporary regulations reflect changes to the law made by the Tax Extenders and Alternative Minimum Tax Relief Act, and affect taxpayers that produce films and television productions within the United States. The text of those temporary regulations also serves as the text of these proposed regulations.
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NATIONAL SECURITY:
DEFENSE (DoD)
PROPOSED REGULATIONS
DEFENSE ACQUISITION REGULATIONS SYSTEM (DARS)
Defense Federal Acquisition Regulation Supplement, Reporting of Government-Furnished Property: Proposed rule and notice of public meeting, published Oct. 19, 2011, written comments by Dec. 19, 2011, public meeting 1 p.m. Eastern Standard Time Nov. 17, 2011
[TEXT]
The Defense Acquisition Regulations System, Department of Defense, proposes to amend the Defense Federal Acquisition Regulation Supplement to revise and expand reporting requirements for government-furnished property to include items uniquely and non-uniquely identified and clarify policy for contractor access to government supply sources.
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HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Safety zone, Mainardi/Kinsey wedding fireworks, Lake Erie, Lakewood, Ohio: Temporary final rule, published Oct. 19, 2011, effective 8:30 p.m. to 9:45 p.m. Oct.
22, 2011
[TEXT]
The U.S. Coast Guard establishes a temporary safety zone in Lake Erie, Lakewood, Ohio for the Mainardi/Kinsey wedding fireworks.
Safety zone, Truman–Hobbs alteration of the Elgin Joliet & Eastern Railroad Drawbridge, Morris, Illinois: Temporary final rule, published Oct. 19, 2011, effective Oct. 19 to 7 a.m. Nov. 16, 2011, effective with actual notice for enforcement 7 a.m. Oct. 13 to 7 a.m. Nov. 16, 2011
[TEXT]
The U.S. Coast Guard establishes a temporary safety zone on the Illinois River near Morris, Ill., due to the removal of the Elgin Joliet & Eastern Railroad Drawbridge’s old bridge piers and pier protection cells.
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TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Airbus series airplanes: Final rule, published Oct. 19, 2011, effective Nov. 23, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration supersedes an existing AD that applies to certain Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Airbus Model C4-605R Variant F airplanes (collectively called A300-600 series airplanes). This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
[T]he FAA has published SFAR 88 (Special Federal Aviation Regulation 88).* * *
Under this regulation, all holders of type certificates for passenger transport aeroplanes * * * are required to conduct a design review against explosion risks. The replacement of some types of P-clips and improvement of the electrical bonding of the equipment in the fuel tanks [were] are rendered mandatory. * * *
* * * * *
Subsequently, an internal review * * * led * * * to * * * an additional check [for blue coat] of the bonding points in the centre tank. * * *
More recently, another internal review [introduced] additional work [installing bonding points] for aeroplanes under Configuration 03 * * * and additional work [bonding the fuel jettison system--blanking plates] on the wing tanks for aeroplanes under Configuration 07. * * *
The unsafe condition is damage to wiring in the wing, center, and trim fuel tanks, due to failed P-clips used for retaining the wiring and pipes, which could result in a possible fuel ignition source in the wing, center, or trim fuel tanks.
Airworthiness directives, Airbus Model A300 B4–103, B4–203, and B4–2C series airplanes: Final rule, published Oct. 19, 2011, effective Nov. 23, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration supersedes an existing AD that applies to Airbus Model A300 B4–103, B4–203, and B4–2C series airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
One operator reported a failure of the MLG [main landing gear] retraction actuator sliding rod. This incident occurred at a number of operating flight cycles lower than the limit value imposed by the MLG manufacturer.
This condition, if not detected and corrected, results in undampened extension of the MLG, leading to higher than usual loads on the MLG attachment. Higher loads affect the structural integrity of the MLG and could lead to MLG failure.
* * * * *
Airworthiness directives, BAE SYSTEMS (Operations) Limited Model 4101 series airplanes: Final rule, published Oct. 19, 2011, effective Nov. 23, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration supersedes an existing AD that applies to BAE SYSTEMS (Operations) Limited Model 4101 series airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
* * * BAE Systems (Operations) Ltd has issued Revision 33 of the AMM [airplane maintenance manual] to amend Chapter 05-10-10 by adding one new Structurally Significant Item (SSI) and increasing the repeat inspection period on another SSI. Failure to comply with this revision constitutes an unsafe condition.
* * * * *
The unsafe condition is failure of certain structurally significant items, including the main landing gear and the nose landing gear, which could result in reduced structural integrity of the airplane; and fuel vapor ignition sources, which could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness directives, Bombardier, Inc. series airplanes: Final rule, published Oct. 19, 2011, effective Nov. 23, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.