COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Aug. 18, 2009
COMMERCE:
POSTAL REGULATORY COMMISSION (PRC)
NEWLY PUBLISHED REGULATIONS
Global Plus 1 contract: Final rule, published Aug. 17, 2009, effective Aug. 17, 2009, applicable July 31, 2009
[TEXT]
The Postal Regulatory Commission changes the Competitive Product List, including adding a Global Plus 1 contract, to match changes in a recent law. Republication of the lists of market dominant and competitive products is consistent with requirements in the new law.
---------------
---------------
---------------
ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Interim final determination to stay and defer sanctions, Pinal County, Arizona: Interim final rule, published Aug. 17, 2009, effective Aug. 17, 2009, comments by Sept.16, 2009
[TEXT]
The Environmental Protection Agency makes an interim final determination to stay and defer imposition of sanctions based on a proposed approval of revisions to the Pinal County part of the Arizona State Implementation Plan published in the Aug. 17, 2009 Federal Register. The revisions concern Pinal County Rules 2-8-320, 4-2-020, 4-2-030, 4-4, 4-5, 4-7, and 4-9.
National Oil and Hazardous Substance Pollution Contingency Plan, National Priorities List: Direct Final Notice of Deletion of the Island Chemical Corp/Virgin Islands Chemical Corp. Superfund Site from the National Priorities List, published Aug. 17, 2009, effective Oct. 16, 2009 unless the Environmental Protection Agency receives adverse comments by Sept. 16, 2009
[TEXT]
The Environmental Protection Agency Region 2 publishes a direct final Notice of Deletion of the Island Chemical Corp/Virgin Islands Chemical Corp., in St. Croix, U.S. Virgin Islands, from the National Priorities List (NPL). This direct final deletion is published by the EPA with the concurrence of the U.S. Virgin Islands, because the EPA has determined that all appropriate response actions under the CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.
PROPOSED REGULATIONS
National Oil and Hazardous Substance Pollution Contingency Plan, National Priorities List: Notice of Intent to Delete the Island Chemical Corp/Virgin Islands Chemical Corp. Superfund Site from the National Priorities List, published Aug. 17, 2009, comments by Sept. 16, 2009
[TEXT]
The Environmental Protection Agency Region 2 issues a Notice of Intent to Delete the Island Chemical Corp/Virgin Islands Chemical Corp. in St. Croix, Virgin Islands, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, issued under Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the Territory of U.S. Virgin Islands, through the Virgin Islands Department of Planning and Natural Resources have determined that all appropriate response actions under the CERCLA, have been completed. However, this deletion does not preclude future actions under Superfund.
Regulations of fuels and fuel additives, changes to Renewable Fuel Standard Program, availability of expert peer review record: Request for comments, published Aug. 17, 2009, written comments by Sept. 25, 2009
[TEXT]
The Environmental Protection Agency announces the availability of documents regarding the expert peer review record completed on the Renewable Fuel Standard Program (RFS2) Lifecycle Greenhouse Gas (GHG) Analysis. On May 5, 2009, the EPA announced proposed revisions to the National Renewable Fuel Standard program as required by the Energy Independence and Security Act (EISA) of 2007. The EPA decided to initiate an independent peer review to help respond to stakeholder concerns and to ensure that the agency makes decisions based on the best science available. The agency, in accordance with the Office of Management and Budget and the EPA peer review guidance contracted with independent, third party sources to conduct an external expert peer review of this work. The results of the expert peer review are made available to the public for notice and comment to supplement the current record.
Revisions to the Arizona State Implementation Plan, Pinal County: Proposed rule, published Aug. 17, 2009, comments by Sept. 16, 2009
[TEXT]
The Environmental Protection Agency proposes to approve revisions to the Pinal County part of the Arizona State Implementation Plan. These revisions concern particulate matter emissions from construction, earthmoving, and related activities, and commercial and residential unpaved parking lots. The agency approves local rules that regulate these emission sources.
----------------
----------------
----------------
DEPARTMENT OF THE INTERIOR (DOI)
NEWLY PUBLISHED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
2009–2010 hunting and sport fishing regulations for the Upper Mississippi River National Wildlife and Fish Refuge: Final rule, published Aug. 17, 2009, effective Aug. 17, 2009
[TEXT]
The U.S. Fish and Wildlife Service amends the regulations for the Upper Mississippi River National Wildlife and Fish Refuge regarding existing programs for migratory game bird hunting, upland game hunting, and big game hunting. These changes take effect with the 2009-2010 season, implement parts of the Comprehensive Conservation Plan for the refuge approved in 2006, and amend other regulations. The agency also makes amendments to reflect recent Office of Management and Budget approval of new hunting and fishing application forms and activity reports for national wildlife refuges.
----------------
----------------
INDIAN AFFAIRS BUREAU (BIA)
Job placement and training: Final rule, published Aug. 17, 2009, effective Sept. 16, 2009
[TEXT]
The Bureau of Indian Affairs consolidates requirements for the Employment Assistance Program and the Adult Vocational Training Program because the regulations for these programs have been combined into one line item in the agency’s budget. The programs assist eligible Indian people to obtain job skills and to obtain and retain permanent employment.
----------------
----------------
----------------
NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
Revision of Department of Homeland Security Acquisition Regulation, Restrictions on Foreign Acquisition (HSAR Case 2009–004): Interim rule, published Aug. 17, 2009, effective Aug. 17, 2009, comments by Sept. 16, 2009
[TEXT]
The Department of Homeland Security amends its Homeland Security Acquisition Regulation Parts 3025 and 3052 to reflect a statutory change limiting the acquisition of products containing textiles from sources outside the United States.
----------------
----------------
COAST GUARD (USCG)
Safety zones, Neptune Deep Water Port, Atlantic Ocean, Boston, Massachusetts: Temporary final rule, published Aug. 17, 2009, effective July 31, 2009 to Feb. 16,
2010
[TEXT]
The U.S. Coast Guard establishes two temporary safety zones extending 500 meters in all directions from each of the two submerged turret-loading buoys and accompanying systems that are part of GDF Suez Energy's Neptune Deepwater Port in the Atlantic Ocean near Boston, Massachusetts. All vessels, except for deepwater port support vessels, are prohibited from entering into, remaining or moving within either of the safety zones.
----------------
----------------
----------------
TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Honeywell International Inc. TPE331 10 and TPE331 11 series turboprop engines: Final rule, published Aug. 17, 2009, effective Sept. 1, 2009, comments by Oct. 16, 2009
[TEXT]
PURPOSE: This airworthiness directive (AD) results from a report of an uncontained failure of a first stage turbine disk that had a metallurgical defect in Honeywell International Inc. TPE331-10 and TPE331-11 series turboprop engines. This AD requires actions intended to prevent uncontained failure of the first stage turbine disk and damage to the airplane.
SUMMARY: The Federal Aviation Administration adopts a new AD for Honeywell International Inc. TPE331-10 and TPE331-11 series turboprop engines. This AD requires removing certain first stage turbine disks from service.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Certification of turbojets: Notice of proposed rulemaking, published Aug. 17, 2009, comments by Nov. 16, 2009
[TEXT]
The Federal Aviation Administration proposes to enhance safety by amending the applicable standards for Part 23 turbojet-powered airplanes, or “turbojets”, to reflect the current needs of industry, accommodate future trends, address emerging technologies, and provide for future airplane operations. This action is to eliminate the current workload of processing exemptions, special conditions, and equivalent levels of safety findings necessary to certificate light Part 23 turbojets. The intended effect of the proposed changes would: Standardize and simplify the certification of Part 23 turbojets; clarify areas of frequent non-standardization and misinterpretation, particularly for electronic equipment and system certification; and codify existing certification requirements in special conditions for new turbojets that incorporate new technologies.
FEDERAL RAILROAD ADMINISTRATION (FRA)
Bridge safety standards: Notice of proposed rulemaking, published Aug. 17, 2009, written comments by Oct. 1, 2009, specific requests for a public, oral hearing before Sept. 16, 2009
[TEXT]
The Federal Railroad Administration proposes to standardize and establish federal requirements for railroad bridges. This proposed rule would require track owners to implement bridge management programs that include annual inspections of railroad bridges. The proposed rule would also require track owners to know the safe capacity load of bridges and to conduct special inspections if the weather or other conditions warrant such inspections. Finally, the proposed rule would also require the audit of the bridge management programs and the inspections.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)
Insurer Reporting Requirements, list of insurers required to file reports: Notice of proposed rulemaking, published Aug. 17, 2009, comments by Oct. 16, 2009
[TEXT]
The National Highway Traffic Safety Administration proposes to amend Appendices A, B and C of 49 CFR Part 544, Insurer Reporting Requirements. The appendices list those passenger motor vehicle insurers that are required to file reports on their motor vehicle theft loss experiences. An insurer included in any of these appendices would be required to file three copies of its report for the 2006 calendar year before Oct. 25, 2009. If the passenger motor vehicle insurers remain listed, they must submit reports by each subsequent Oct. 25. The NHTSA proposes to add and remove several insurers from relevant appendices.
----------------
----------------
----------------