COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Sept. 14, 2012
COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
INDUSTRY AND SECURITY BUREAU (BIS)
Updated statements of legal authority for the Export Administration Regulations:
Final rule, published Sept. 14, 2012, effective Sept. 14, 2012
Text
The Bureau of Industry and Security updates the Code of Federal Regulations legal
authority citations for the Export Administration Regulations (EAR) to include the
citations to the President’s Aug. 15, 2012 notice, Continuation of Emergency
Regarding Export Control Regulations, and the President’s May 19, 2012 notice,
Continuation of the National Emergency with Respect to the Actions of the
Government of Syria. The agency also adds a citation to Executive Order 13338 to
the authority citations paragraph of Part 746 of the EAR.
----------------------------NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Main Hawaiian Islands Deep 7 bottomfish annual catch limits and accountability
measures for 2012-13: Final specifications, published Sept. 14, 2012, effective Oct.
15 through Aug. 31, 2013, unless superseded by another action
Text
The National Marine Fisheries specifies a quota of 325,000 lb of Deep 7 bottomfish in
the main Hawaiian Islands for the 2012-13 fishing year, based on an annual catch
limit of 346,000 lb.
PROPOSED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the exclusive economic zone off Alaska, revision of maximum retained
amounts for groundfish in the Bering Sea and Aleutian Islands: Proposed rule,
published Sept. 14, 2012, comments by Oct. 15, 2012
PDF | Text
The National Marine Fisheries Service proposes a regulatory amendment to increase
the maximum retainable amounts of groundfish using arrowtooth flounder
(Atheresthes stomias) and Kamchatka flounder (Atheresthes evermanni) as basis
species in the Bering Sea and Aleutian Islands management area (BSAI). This action
would allow the use of BSAI arrowtooth flounder and Kamchatka flounder as basis
species for the retention of species closed to directed fishing and would improve
retention of otherwise marketable groundfish in these BSAI fisheries. This action also
includes four regulatory amendments on harvest management of Kamchatka
flounder. Three amendments would manage Kamchatka flounder in the same
manner as arrowtooth flounder in the BSAI and aid in the recordkeeping, reporting
and catch accounting of flatfish in the BSAI. The fourth amendment would provide
the NMFS the flexibility to allocate arrowtooth flounder and Kamchatka flounder (and
other species in the future) to the Western Alaska Community Development Quota
Program in the annual harvest specifications.
------------------------------------------SMALL BUSINESS ADMINISTRATION (SBA)
NEWLY PUBLISHED REGULATIONS
Small business size standards, adoption of the 2012 North American Industry
Classification System for size standards: Interim final rule correction, published Sept.
14, 2012, effective Oct. 1, 2012
Text
The U.S. Small Business Administration corrects an Aug. 20, 2012 interim final rule
that amended the small business size regulations by incorporating the Office of
Management and Budget’s 2012 modifications of the North American Industry
Classification System (NAICS) into its table of small business size standards. In
addition, the action revised the definitions of some NAICS 2007 industries, deleted
others, and aggregated a number of closely related industries and activities into
other new or revised industries.
---------------------------------------------ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Approval and promulgation of implementation plans, California, determinations of
attainment for the 1997 8-hour ozone standard: Direct final rule, published Sept. 14,
2012, effective Nov. 13, 2012 without further notice unless adverse comments are
received by Oct. 15, 2012
Text
The Environmental Protection Agency makes several determinations on 1997 8-hour
ozone nonattainment areas in California. First, EPA is determining that six 8-hour
ozone nonattainment areas in California (Amador and Calaveras Counties, Chico,
Kern County, Mariposa and Tuolumne Counties, Nevada County, and Sutter County)
(six CA areas) attained the 1997 8-hour ozone national ambient air quality standard
(NAAQS) by their applicable attainment dates. Second, in making these
determinations for Mariposa and Tuolumne Counties and Nevada County, the EPA
also grants them one-year attainment date extensions. Lastly, the EPA is
determining that the six CA areas and the Ventura County 8-hour ozone
nonattainment area in California have attained and continue to attain the 1997 8hour ozone NAAQS based on the most recent three years of data. Under the
provisions of the EPA's ozone implementation rule, these determinations suspend the
requirements for these areas to submit revisions to the state implementation plan
related to attainment of the 1997 8-hour ozone standard for as long as these areas
continue to meet the 1997 8-hour ozone NAAQS.
Bifenthrin, pesticide tolerances: Final rule, published Sept. 14, 2012, effective Sept.
14, 2012, objections and requests for hearings by Nov. 13, 2012
Text
The Environmental Protection Agency establishes a tolerance for residues of
bifenthrin in or on tea, dried; grass, forage; and grass, hay. This regulation
additionally establishes time-limited tolerances in or on apple, nectarine, and peach
under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act. The
time-limited tolerances expire and are revoked Dec. 31, 2015. Finally, this regulation
removes time-limited tolerances on orchardgrass, forage and orchardgrass, hay, as
they will be superseded by permanent tolerances.
PROPOSED REGULATIONS
Approval and promulgation of implementation plans, California, determinations of
attainment for the 1997 8-hour ozone standard: Proposed rule, published Sept. 14,
2012, written comments by Oct. 15, 2012
Text
The Environmental Protection Agency proposes determinations on 1997 8-hour ozone
nonattainment areas in California. First, the EPA proposes to determine that six 8hour ozone nonattainment areas in California (Amador and Calaveras Counties,
Chico, Kern County, Mariposa and Tuolumne Counties, Nevada County, and Sutter
County) (six CA areas) attained the 1997 8-hour ozone national ambient air quality
standard (NAAQS) by their applicable attainment dates. Second, in making these
proposed determinations for Mariposa and Tuolumne Counties and Nevada County,
the EPA also proposes to grant them one-year attainment date extensions. Lastly,
the EPA proposes to determine that the six CA areas and the Ventura County 8-hour
ozone nonattainment area in California have attained and continue to attain the 1997
8-hour ozone NAAQS based on the most recent three years of data. Under the
provisions of the EPA's ozone implementation rule, these proposed determinations
suspend the requirements for these areas to submit revisions to the state
implementation plan on attainment of the 1997 8-hour ozone standard for as long as
these areas continue to meet the 1997 8-hour ozone NAAQS.
---------------------------------------------NUCLEAR REGULATORY COMMISSION (NRC)
PROPOSED REGULATIONS
Petition for Rulemaking: Petition for rulemaking, consideration in the rulemaking
process, published Sept. 14, 2012, docket for the petition for rulemaking, PRM-3065, is closed Sept. 14, 2012
Text
The U.S. Nuclear Regulatory Commission will consider a petition requesting that the
commission amend its regulations regarding the commercial distribution of
byproduct material to allow recipients of exempt quantities of polymer
(polycarbonate or polyester) track etch (PCTE) membranes that have been irradiated
with mixed fission products to commercially redistribute the material without a
license.
---------------------------------------------HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
NEWLY PUBLISHED REGULATIONS
FOOD AND DRUG ADMINISTRATION (FDA)
New animal drugs, change of sponsor, change of sponsor address, lincomycin and
spectinomycin soluble powder, sulfadimethoxine oral solution and soluble powder,
tiamulin: Final rule, published Sept. 14, 2012, effective Sept. 14, 2012
Text
The Food and Drug Administration amends the animal drug regulations to reflect a
change of sponsor for three abbreviated new animal drug applications and to reflect
a change of sponsor's address.
---------------------------------------------MONEY:
PENSION BENEFIT GUARANTY CORPORATION (PBGC)
NEWLY PUBLISHED REGULATIONS
Allocation of Assets in Single-Employer Plans, Benefits Payable in Terminated SingleEmployer Plans, interest assumptions for valuing and paying benefits: Final rule,
published Sept. 14, 2012, effective Oct. 1, 2012
Text
The Pension Benefit Guaranty Corporation amends its regulations on Benefits
Payable in Terminated Single-Employer Plans and Allocation of Assets in SingleEmployer Plans to prescribe interest assumptions under the benefit payments
regulation for valuation dates in October 2012 and interest assumptions under the
asset allocation regulation for valuation dates in the fourth quarter of 2012. The
interest assumptions are used for valuing and paying benefits under terminating
single-employer plans covered by the pension insurance system administered by the
PBGC.
---------------------------------------------NATIONAL SECURITY:
DEFENSE (DoD)
NEWLY PUBLISHED REGULATIONS
NAVY DEPARTMENT (NAVY)
Privacy Act implementation: Direct final rule with request for comments, published
Sept. 14, 2012, effective Nov. 23, 2012 unless comments are received that would
result in a contrary determination, comments by Nov. 13, 2012
Text
The Department of the Navy updates the Navy Privacy Act Program by adding the
(k)(2) exemption to accurately describe the basis for exempting the records in the
system of records notice N05800-2, Professional Responsibility Files.
---------------------------------------------HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Safety zone, water main crossing, Choctawhatchee Bay, Santa Rosa Beach, Florida:
Temporary final rule, published Sept. 14, 2012, effective Sept. 14 to Oct. 14, 2012
Text
The U.S. Coast Guard establishes a temporary safety zone for part of the Gulf
Intracoastal Waterway in Choctawhatchee Bay, Santa Rosa Beach, Fla., during the
construction of a subaqueous water main.
---------------------------------------------TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Eurocopter France helicopters: Final rule, published Sept.
14, 2012, effective Oct. 19, 2012
Text
The Federal Aviation Administration adopts a new Eurocopter France Model SA341G
helicopters requiring replacement of the rotating star on the main rotor after 12,000
hours time-in-service.
Airworthiness directives, Rolls-Royce Deutschland Ltd & Co KG turbofan engines:
Final rule, published Sept. 14, 2012, effective Oct. 19, 2012
PDF | Text
PURPOSE: The Federal Aviation Administration adopts a new airworthiness directive
for certain RRD BR700-715A1-30, BR700-715B1-30, and BR700-715C1-30 turbofan
engines This (AD) was prompted by the discovery of a manufacturing defect on
certain low-pressure (LP) compressor booster rotors in certain Rolls-Royce
Deutschland Ltd & Co KG (RRD) BR700-715A1-30, BR700-715B1-30, and BR700715C1-30 turbofan engines. This AD requires initial and repetitive fluorescent
penetrant inspections LP compressor booster rotors and rework or replacement of
them as terminating action to the repetitive inspections. This AD requires actions
intended to prevent failure of the LP compressor booster rotor, uncontained engine
failure, and damage to the airplane the rotors as needed.
Airworthiness directives, Rolls-Royce plc turbofan engines: Final rule, request for
comments, published Sept. 14, 2012, effective Oct. 1, 2012, comments by Oct. 29,
2012
Text
The Federal Aviation Administration adopts a new airworthiness directive for all RR
plc RB211-Trent 800 series turbofan engines requiring replacement of service certain
IP turbine discs after testing showed that steel inclusion may fail before they reach
their current mandatory life limits.
Amendment of Class E airspace, Kerrville, Texas: Final rule, published Sept. 14,
2012, effective 0901 UTC, Nov. 15, 2012
Text
The Federal Aviation Administration amends Class E airspace at Kerrville, Texas to
accommodate new Area Navigation Standard Instrument Approach Procedures at
Kerrville Municipal Airport/Louis Schreiner Field. The geographic coordinates of the
airport also are adjusted. Due to subsequent decommissioning, the Shein locator
outer marker/nondirectional radio beacon will be removed from the regulatory text.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle
Departure Procedures, miscellaneous amendments, page 56762: Final rule,
published Sept. 14, 2012, effective Sept. 14, 2012, compliance dates complex
Text
The Federal Aviation Administration publishes Standard Instrument Approach
Procedures and associated Takeoff Minimums and Obstacle Departure Procedures for
operations at certain airports due to changes occurring in the National Airspace
System.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle
Departure Procedures, miscellaneous amendments, page 56764: Final rule,
published Sept. 14, 2012, effective Sept. 14, 2012, compliance dates complex
Text
The Federal Aviation Administration publishes Standard Instrument Approach
Procedures and associated Takeoff Minimums and Obstacle Departure Procedures for
operations at certain airports due to changes occurring in the National Airspace
System.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Pratt & Whitney Canada Corp. turboprop engines: Notice of
proposed rulemaking, published Sept. 14, 2012, comments by Nov. 13, 2012
Text
The FAA proposes to supersede an existing AD that applies to all P&WC PW118,
PW118A, PW118B, PW119B, PW119C, PW120, PW120A, PW121, PW121A, PW123,
PW123B, PW123C, PW123D, PW123E, PW123AF, PW124B, PW125B, PW126A,
PW127, PW127E, PW127F, PW127G, and PW127M turboprop engines. This proposed
AD would require initial and repetitive inspections of propeller shafts for cracks and
removal from service if found cracked, and would require removal from service of
affected propeller shafts.
Proposed amendment of Class E airspace, Sault Ste Marie, Ontario, Canada: Notice
of proposed rulemaking, published Sept. 14, 2012, comments by Oct. 29, 2012
Text
The Federal Aviation Administration proposes to amend Class E airspace at Sault Ste
Marie, Ontario, Canada, to coincide with the Canadian control zone over Sault Ste
Marie Airport.
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