COURTHOUSE NEWS SERVICE Federal Regulation Brief Dec. 1, 2010 COMMERCE: COMMERCE (DOC) NEWLY PUBLISHED REGULATIONS NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) Fisheries of the exclusive economic zone off Alaska, big skate in the Central Regulatory Area of the Gulf of Alaska: Temporary rule, closure, published Nov. 30, 2010, effective 1200 hrs. Alaska local time Nov. 24 to 2400 hrs. A.l.t. Dec. 31, 2010 [TEXT] The National Marine Fisheries Service prohibits retention of big skate in the Central Regulatory Area of the Gulf of Alaska because the 2010 total allowable catch of big skate in that area has been reached. Fisheries of the exclusive economic zone off Alaska, longnose skate in the Western Regulatory Area of the Gulf of Alaska: Temporary rule, closure, published Nov. 30, 2010, effective 1200 hrs. Alaska local time Nov. 24 to 2400 hrs. A.l.t. Dec. 31, 2010 [TEXT] The National Marine Fisheries Service prohibits retention of longnose skate in the Western Regulatory Area of the Gulf of Alaska because the 2010 total allowable catch of longnose skate in that area has been reached. Fisheries of the northeastern United States, discard provision for herring midwater trawl vessels fishing in groundfish Closed Area I: Final rule, published Nov. 30, 2010, effective Jan. 31, 2011 [TEXT] The National Marine Fisheries Service removes a regulatory exemption for midwater trawl herring vessels, originally implemented by a Nov. 2, 2009 final rule. The exemption allowed midwater trawl vessels with an All Areas and/or Areas 2 and 3 Atlantic herring limited access permit fishing in northeast multispecies Closed Area I to release fish that cannot be pumped from the net at the end of pumping operations, without those fish being sampled by an agency at-sea observer. As a result of this current action, vessels are required to bring the fish on board the vessel and make them available to the at-sea observer for sampling. The publication of this action is part of a court-approved joint motion to stay pending litigation. ------------------------------------------COMMUNICATION (FCC) NEWLY PUBLISHED REGULATIONS Policies to promote rural radio service and to streamline allotment and assignment procedures: Final rule, announcement of compliance date, published Nov. 30, 2010, compliance date Nov. 30, 2010 [TEXT] The Federal Communications Commission announces that the Office of Management and Budget has approved, for a period of three years, the information collection requirements associated with Sections 73.3571(k), 73.7000, 73.7002(b) and 73.7002(c) of the FCC’s rules and FCC Forms 301, 314, 315, 316 and 340. These rules and form changes were approved May 27, 2010 and June 4, 2010 and the compliance date is Nov. 30, 2010. ---------------------------------------------EMPLOYMENT LABOR (DOL) PROPOSED REGULATIONS EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA) Target date disclosure: Proposed regulation. Published Nov. 30, 2010, written comments to the Department of Labor by Jan. 14, 2011 [TEXT] The Department of Labor published in the Oct. 24, 2007 Federal Register a final regulation (the qualified default investment alternative regulation) providing relief from certain fiduciary responsibilities for fiduciaries of participant-directed individual account plans who, in the absence of directions from a participant, invest the participant's account in a qualified default investment alternative. On Oct. 20, 2010, the DOL published a final regulation that requires the disclosure of certain plan and investment-related information, including fee and expense information, to participants and beneficiaries in participant-directed individual account plans (the participant-level disclosure regulation). This action contains proposed amendments to the qualified default investment alternative regulation to provide more specificity as to the information that must be disclosed in the required notice to participants and beneficiaries concerning investments in qualified default investment alternatives, including target date or similar investments. This action also contains a proposed amendment to the participant-level disclosure regulation that would require the disclosure of the same information concerning target date or similar investments to all participants and beneficiaries in participant-directed individual account plans. MINE SAFETY AND HEALTH ADMINISTRATION (MSHA) Lowering Miners' Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors: Proposed rule, rescheduling of public hearings, correction, published Nov. 30, 2010, public hearing dates and locations complex, post-hearing comments by midnight Eastern Standard Saving Time Feb. 28, 2011 [TEXT] The Mine Safety and Health Administration reschedules the dates of two public hearings and announces the date and location of an additional public hearing on the proposed rule addressing Lowering Miners' Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors. This notice also corrects one error in the preamble to the proposed rule. On Nov. 15, 2010, the agency published the dates and locations of six public hearings to be held on the proposed rule. The agency published the proposed rule Oct. 19, 2010. It would revise the agency's existing standards on miners' occupational exposure to respirable coal mine dust and lower miners' exposure to respirable coal mine dust. ---------------------------------------------ENVIRONMENT, ENERGY & RESOURCES: ENERGY (DOE) NEWLY PUBLISHED REGULATIONS Worker Safety and Health Program, safety conscious work environment, denial of petition for rulemaking: Notice of denial of petition for rulemaking, published Nov. 30, 2010, effective Nov. 30, 2010 [TEXT] The Department of Energy denies a petition from the Hanford Challenge Aug. 18, 2009, requesting the initiation of a rulemaking regarding safety policies at the agency's nuclear facilities. The petition called for the agency to establish by regulation a safety program using the Nuclear Regulatory Commission's “SafetyConscious Work Environment” guidelines as a model. ---------------------------------------------ENVIRONMENTAL PROTECTION (EPA) NEWLY PUBLISHED REGULATIONS Approvals and promulgations of implementation plans, extension of attainment date for Atlanta, Georgia 1997 8-Hour ozone moderate nonattainment area: Final rule, published Nov. 30, 2010, effective Dec. 30, 2010 [TEXT] The Environmental Protection Agency takes final action to approve a request from the state of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (EPD), to grant a one-year extension of the attainment date for the 1997 8-hour ozone national ambient air quality standards (NAAQS) for the Atlanta, Georgia Area (Atlanta Area). This request was sent to the EPA via letter from the EPD June 9, 2010. The Atlanta Area consists of Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, and Walton Counties in Georgia. In this action, the EPA finalizes a determination that the state of Georgia has met the Clean Air Act requirements to obtain a one-year extension to its attainment date for the 1997 8-hour ozone NAAQS for the Atlanta Area. As a result, the EPA approves a one-year extension of the 1997 8-hour ozone moderate attainment date for the Atlanta Area. Specifically, the EPA extends the Atlanta Area's attainment date from June 15, 2010, to June 15, 2011. Approvals and promulgations of state air quality plans for designated facilities and pollutants, Delaware, control of emissions from existing hospital/medical/infectious waste incinerator units, negative declaration and withdrawal of EPA plan approval: Direct final rule, published Nov. 30, 2010, effective Jan.31, 2011 without further notice, unless the Environmental Protection Agency receives adverse written comment by Dec. 30, 2010 [TEXT] The Environmental Protection Agency takes direct final action to approve the state of Delaware's negative declaration and request for EPA withdrawal of its Section 111(d)/129 plan approval for hospital/medical/infectious waste incinerator units. Hazardous waste management system, identification and listing of hazardous waste, removal of direct final exclusion: Removal of direct final exclusion, published Nov. 30, 2010, effective Nov. 30, 2010 [TEXT] Because the Environmental Protection Agency received adverse comment, it removes the direct final exclusion for Eastman Chemical Company--Texas Operations, published Sept. 24, 2010. Mandatory reporting of greenhouse gases, petroleum and natural gas systems: Final rule, published Nov. 30, 2010, effective Dec. 30, 2010 [TEXT] [PDF] The Environmental Protection Agency issues a regulation to require monitoring and reporting of greenhouse gas emissions from petroleum and natural gas systems. This action adds this source category to the list of source categories already required to report greenhouse gas emissions. This action applies to sources with carbon dioxide equivalent emissions above certain threshold levels as described in this regulation. This action does not require control of greenhouse gases. PROPOSED REGULATIONS Approval and promulgation of implementation plans, state of California, 2008 San Joaquin Valley State Implementation Plan for fine particulate matter, 2007 State Strategy: Proposed rule, published Nov. 30, 2010, comments by Jan. 31, 2011 [TEXT] The Environmental Protection Agency proposes to approve in part and disapprove in part state implementation plan (SIP) revisions submitted by California to provide for attainment of the 1997 annual and 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) in the San Joaquin Valley (SJV) nonattainment area. The SIP revisions are the SJV 2008 PM2.5 Plan (revised 2010) and parts of the 2007 State Strategy (revised 2009). Specifically, the EPA proposes to approve the emissions inventories as meeting the requirements of the Clean Air Act and the EPA's fine particle implementing rule and to approve commitments to implement specific measures and meet specific aggregate emissions reductions by the San Joaquin Valley Air Pollution Control District and the California Air Resource Board. In addition, the EPA proposes to find that volatile organic compounds are a PM2.5 attainment plan precursor in the SJV for which controls should be evaluated. The EPA proposes to disapprove the attainment demonstration. The EPA also proposes to disapprove the reasonably available control measures/reasonably available control technology demonstration, the air quality modeling, the reasonable further progress (RFP) demonstration, the contingency measures, and the attainment and RFP conformity motor vehicle emissions budgets. The EPA also proposes to not grant California's request to extend to April 5, 2015 the deadline for the SJV nonattainment area to attain the 1997 PM2.5 NAAQS. Approvals and promulgations of state air quality plans for designated facilities and pollutants, Delaware, control of emissions from existing hospital/medical/infectious waste incinerator units, negative declaration and withdrawal of EPA plan approval: Proposed rule, published Nov. 30, 2010, comments by Dec. 30, 2010 [TEXT] The Environmental Protection Agency proposes to approve the state of Delaware's negative declaration and request for EPA withdrawal of its Section 111(d)/129 plan (the plan) approval for hospital/medical/infectious waste incinerator (HMIWI) units. Submittal of a negative declaration or state plan revision is a requirement of the Clean Air Act. In the Final Rules section of the Nov. 30, 2010 Federal Register, the agency approves the state of Delaware's negative declaration and request for agency withdrawal of its plan approval for HMIWI units. 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 agency 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. Te agency will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Greenhouse gas emissions standards and fuel efficiency standards for medium- and heavy-duty engines and vehicles: Proposed rules, published Nov. 30, 2010, comments by Jan. 31, 2011, comments on the information collection provisions to the Office of Management and Budget by Dec. 30, 2010, the Environmental Protection Agency and the National Highway Traffic Safety Administration will jointly hold two public hearings: Nov. 15, 2010 in Chicago, Ill., and Nov. 18, 2010 in Cambridge, Mass. [TEXT] [PDF] The Environmental Protection Agency and National Highway Traffic Safety Administration (NHTSA) each propose rules to establish a comprehensive HeavyDuty National Program that will reduce greenhouse gas emissions and increase fuel efficiency for on-road heavy-duty vehicles, responding to the President's directive May 21, 2010, to take coordinated steps to produce a new generation of clean vehicles. The NHTSA's proposed fuel consumption standards and the EPA's proposed carbon dioxide (CO2) emissions standards would be tailored to each of three regulatory categories of heavy-duty vehicles: Combination Tractors; Heavy-Duty Pickup Trucks and Vans; and Vocational Vehicles, as well as gasoline and diesel heavy-duty engines. The EPA's proposed hydrofluorocarbon emissions standards would apply to air conditioning systems in tractors, pickup trucks, and vans, and the EPA's proposed nitrous oxide and methane emissions standards would apply to all heavy-duty engines, pickup trucks, and vans. The EPA also requests comment on possible alternative CO2-equivalent approaches for model year 2012-14 light-duty vehicles. The EPA's proposed greenhouse gas emission standards under the Clean Air Act would begin with model year 2014. The NHTSA's proposed fuel consumption standards under the Energy Independence and Security would be voluntary in model years 2014 and 2015, becoming mandatory with model year 2016 for most regulatory categories. Commercial trailers would not be regulated in this phase of the Heavy-Duty National Program, although there is a discussion of the possibility of future action for trailers. ---------------------------------------------DEPARTMENT OF THE INTERIOR (DOI) NEWLY PUBLISHED REGULATIONS FISH AND WILDLIFE SERVICE (USFWS) Endangered and threatened wildlife and plants, critical habitat for Ambrosia pumila (San Diego ambrosia): Final rule, published Nov. 30, 2010, effective Dec. 30, 2010 [TEXT] [PDF] Under the Endangered Species Act, the U.S. Fish and Wildlife Service designates approximately 783 acres (317 hectares) in Riverside and San Diego counties, California, as critical habitat for Ambrosia pumila (San Diego ambrosia). ---------------------------------------------NUCLEAR REGULATORY COMMISSION (NRC) NEWLY PUBLISHED REGULATIONS Miscellaneous administrative changes: Final rule, published Nov. 30, 2010, effective Dec. 30, 2010 [TEXT] The Nuclear Regulatory Commission amends its regulations to make miscellaneous administrative changes, including an update of the list of Agreement and NonAgreement States, the merging of the Region II materials program with that of Region I, the correction of office titles associated with the Office of Nuclear Material Safety and Safeguards and the Office of Federal and State Materials and Environmental Management Programs, the inclusion of references to new Executive Order 13526, and other edits, corrections, and conforming changes. This action is to inform the public of these changes to the agency's regulations. ------------------------------HEALTH: HEALTH AND HUMAN SERVICES (HHS) NEWLY PUBLISHED REGULATIONS CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) Medicaid Program, cost limit for providers operated by units of government and provisions to ensure the integrity of federal–state financial partnership: Final rule, implementation of court orders, published Nov. 30, 2010, effective Nov. 30, 2010 [TEXT] The Centers for Medicare & Medicaid Services amend Medicaid regulations to conform with the decision by the U.S. District Court for the District of Columbia May 23, 2008 in Alameda County Medical Center, et al. v. Michael O. Leavitt, Secretary, U.S. Department of Health and Human Services, et al., 559 F. Supp. 2d (2008) that vacated a final rule with comment period published in the in May 29, 2007 Federal Register. This regulatory action takes ministerial steps to remove the vacated provisions from the Code of Federal Regulations and reinstate the prior regulatory language impacted by the May 29, 2007 final rule with comment period. ------------------------------FOOD AND DRUG ADMINISTRATION (FDA) Amendments to general regulations: Direct final rule, published Nov. 30, 2010, effective April 14, 2011, electronic or written comments by Feb. 14, 2011 [TEXT] The Food and Drug Administration amends certain of its general regulations to include tobacco products, where appropriate, in light of it's authority to regulate these products under the Family Smoking Prevention and Tobacco Control Act. With these amendments, tobacco products are subject to the same general requirements that apply to other FDA-regulated products. Elsewhere in the Nov. 30, 2010 Federal Register, the agency publishes a companion proposed rule under it's usual procedures for notice and comment to provide a procedural framework to finalize the rule in the event the agency receives significant adverse comment and withdraws this direct final rule. PROPOSED REGULATIONS FOOD AND DRUG ADMINISTRATION (FDA) Amendments to general regulations: Proposed rule, published Nov. 30, 2010, electronic or written comments by Feb. 14, 2011 [TEXT] The Food and Drug Administration proposes to amend certain of its general regulations to include tobacco products, where appropriate, in light of the agency's authority to regulate these products under the Family Smoking Prevention and Tobacco Control Act. With these amendments, tobacco products will be subject to the same general requirements that apply to other FDA-regulated products. This proposed rule is a companion action to the direct final rule published elsewhere in the Nov. 30, 2010 Federal Register. ---------------------------------------------MONEY: FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) NEWLY PUBLISHED REGULATIONS Securities of nonmember insured banks: Interim final rule, request for comment, published Nov. 30, 2010, effective Nov. 30, 2010, comments by Jan. 31, 2011 [TEXT] The Federal Deposit Insurance Corporation revises its securities disclosure regulations applicable to state nonmember banks with securities required to be registered under Section 12 of the Securities Exchange Act. The final rule cross references changes in regulations adopted by the Securities and Exchange Commission (SEC) into the provisions of the FDIC’s securities regulations. Cross referencing assures that the FDIC’s regulations remain substantially similar to the SEC's regulations, as required by law. The final rule provides general references to SEC regulations by Title and Part of the Code of Federal Regulations (CFR), rather than by specific references to sections and subparts of the CFR as are currently provided in Part 335. This revision reflects changes to SEC regulations with respect to small business issuers and provides general guidance to FDIC filers regarding the electronic filing of certain documents. The amendments to Part 335 references to SEC regulations greatly reduce the need for future revisions of Part 335, and the FDIC's regulations will be consistent with the SEC regulations through the cross reference stated in 12 CFR 335.101. PROPOSED REGULATIONS Assessments, Large Bank Pricing: Notice of proposed rulemaking, correction, published Nov. 30, 2010 [TEXT] The Federal Deposit Insurance Corporation corrects the preamble to a proposed rule published in the Nov. 24, 2010 Federal Register regarding Assessments, Large Bank Pricing. This correction clarifies that the comment period for the Assessments, Large Bank Pricing ends Jan. 3, 2011. ---------------------------------------------TREASURY (USDT) NEWLY PUBLISHED REGULATIONS FOREIGN ASSETS CONTROL OFFICE (OFAC) Belarus sanctions regulations: Final rule, published Nov. 30, 2010, effective Nov. 30, 2010 [TEXT] The Office of Foreign Assets Control amends the Belarus Sanctions Regulations in the Code of Federal Regulations to authorize U.S. persons to engage in otherwise prohibited transactions with two blocked entities, Lakokraska OAO and/or Polotsk Steklovolokno OAO, until May 31, 2011. In addition, the agency amends the sanctions to make a technical correction to the authority citation. ---------------------------------------------NATIONAL SECURITY: DEFENSE (DoD) PROPOSED REGULATIONS DEFENSE ACQUISITION REGULATIONS SYSTEM Defense Federal Acquisition Regulation Supplements, Definition of Sexual Assault: Proposed rule, published Nov. 30, 2010, written comments by Jan. 31, 2011 [TEXT] The Defense Acquisition Regulations System proposes to amend the Defense Federal Acquisition Regulation Supplement regarding Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed outside the United States to ensure contractor employees are aware of the agency’s definition of “sexual assault” as defined in DoD Directive 6495.01, Sexual Assault Prevention and Response Program. In addition to ensuring an awareness of the definition, the proposed change will inform contractors that, for contractor employees accompanying U.S. Armed Forces, such offenses are covered under the Uniform Code of Military Justice. ---------------------------------------------HOMELAND SECURITY (DHS) NEWLY PUBLISHED REGULATIONS COAST GUARD (USCG) Safety zone, Brandon Road Lock and Dam to Lake Michigan, Chicago, Illinois: Notice of enforcement of regulation, published Nov. 30, 2010, enforced 7 a.m. Dec. 6 to 5 p.m. Dec. 23, 2010 [TEXT] The U.S. Coast Guard enforces a segment of the Brandon Road Lock and Dam to Lake Michigan safety zone, including the Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River and the Calumet-Saganashkee Channel, on all waters of the Chicago Sanitary and Ship Canal from mile marker 296.1 to mile marker 296.7 daily 7 a.m. to 11 a.m. and 1 p.m. to 5 p.m. Dec. 6 to Dec. 11, 2010, Dec. 13 to Dec. 18, 2010 and 7 a.m. Dec. 20 to 5 p.m. Dec. 23, 2010. The zone is enforced for the U.S. Army Corps of Engineers’ startup testing of the new dispersal barrier IIB, to help control the spread of aquatic nuisance species that have the potential of devastating the waters of the Great Lakes. During the enforcement period, entry into, traveling through, mooring, laying-up or anchoring within the enforced area of this safety zone is prohibited unless authorized by the Captain of the Port, Sector Lake Michigan, or a designated representative. Safety zone, bridge demolition, Illinois River, Seneca, Illinois: Temporary final rule, published Nov. 30, 2010, effective Nov. 30 to 6 a.m. Dec. 11, 2010, effective with actual notice for enforcement 6 a.m. Nov. 18 to 6 a.m. Nov. 19, 2010 and 6 a.m. Dec. 2 to 6 a.m. Dec. 11, 2010 [TEXT] The U.S. Coast Guard establishes a temporary safety zone on the Illinois River near Seneca, Ill. to restrict vessels due to the demolition of the Seneca Highway Bridge. Safety zone, Chicago Harbor, Navy Pier Southeast, Chicago, Illinois: Notice of enforcement of regulation, published Nov. 30, 2010, enforced 6:15 p.m. Dec. 4, 2010 to 12:30 a.m. Jan. 1, 2011 [TEXT] The U.S. Coast Guard enforces the Navy Pier Southeast safety zone in Chicago Harbor Dec. 4, 2010 through Jan. 1, 2011 for a fireworks event. This rule establishes restrictions upon, and controls movement of, vessels in a specified area immediately prior to, during and immediately after the event. Entry into the safety zone during the enforcement period is prohibited without permission of the Captain of the Port, Sector Lake Michigan. Safety zone, Contagion movie filming, Calumet River, Chicago, Illinois: Temporary final rule, published Nov. 30, 2010, effective 7 a.m. Dec. 11 to 7 a.m. Dec. 12, 2010, enforced 7 a.m. Dec. 11 t 7 a.m. Dec. 12, 2010 [TEXT] The U.S. Coast Guard establishes a temporary safety zone on the Calumet River near Chicago, Ill. to restrict vessels from a part of the Calumet River due to the filming of a movie involving high speed boat chases and other dangerous stunts on the water. Safety zone, USS Fort Worth launch, Marinette, Wisconsin: Temporary final rule, published Nov. 30, 2010, effective 8 a.m. to 2 p.m. Dec. 4, 2010, enforced 8 a.m. to 2 p.m. Dec. 4, 2010 [TEXT] The U.S. Coast Guard establishes a temporary safety zone on the Menominee River in Marinette, Wis. to restrict vessels from a part of Menominee River during the launching of the USS Fort Worth, an extremely large ship. ---------------------------------------------TRANSPORTATION TRANSPORTATION (DOT) PROPOSED REGULATIONS FEDERAL AVIATION ADMINISTRATION (FAA) Modifications of Class B airspace areas, Salt Lake City, Utah, public meetings: Notice of meetings, published Nov. 30, 2010, informal airspace meetings Jan. 26, 2011, from 6 p.m.-9 p.m., Feb. 1, 2011, from 6 p.m.-9 p.m., and Feb. 3, 2011, from 6 p.m.-9 p.m., comments by March 15, 2011. [TEXT] The Federal Aviation Administration announces three fact-finding informal airspace meetings to solicit information from airspace users and others concerning a proposal to revise the Class B airspace area at Salt Lake City, Utah. These meetings are to provide interested parties an opportunity to present views, recommendations, and comments on the proposal. All comments received during these meetings will be considered prior to any revision or issuance of a notice of proposed rulemaking. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA) Federal motor vehicle safety standards, new pneumatic tires for motor vehicles with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds) and motorcycles: Extension of comment period, published Nov. 30, 2010, comments by Dec. 29, 2010 [TEXT] The National Highway Traffic Safety Administration has received a petition asking the agency to extend the comment period for its proposal to upgrade the federal motor vehicle safety standard that applies to new pneumatic tires for use on vehicles with a gross vehicle weight rating greater than 10,000 pounds and motorcycles. In the proposal, the agency established a deadline for the submission of written comments of Nov. 29, 2010. In light of that petition and the need to ensure that all interested parties have a sufficient amount of time to fully develop their comments, the agency extends the deadline for the submission of written comments by 30 days. Greenhouse gas emissions standards and fuel efficiency standards for medium- and heavy-duty engines and vehicles: Proposed rules, published Nov. 30, 2010, comments by Jan. 31, 2011, comments on the information collection provisions to the Office of Management and Budget by Dec. 30, 2010, the Environmental Protection Agency and the National Highway Traffic Safety Administration will jointly hold two public hearings: Nov. 15, 2010 in Chicago, Ill., and Nov. 18, 2010 in Cambridge, Mass. [TEXT] [PDF] The Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration each propose rules to establish a comprehensive Heavy-Duty National Program that will reduce greenhouse gas emissions and increase fuel efficiency for on-road heavy-duty vehicles, responding to the President's directive May 21, 2010, to take coordinated steps to produce a new generation of clean vehicles. The NHTSA's proposed fuel consumption standards and the EPA's proposed carbon dioxide (CO2) emissions standards would be tailored to each of three regulatory categories of heavy-duty vehicles: Combination Tractors; Heavy-Duty Pickup Trucks and Vans; and Vocational Vehicles, as well as gasoline and diesel heavy-duty engines. The EPA's proposed hydrofluorocarbon emissions standards would apply to air conditioning systems in tractors, pickup trucks, and vans, and the EPA's proposed nitrous oxide and methane emissions standards would apply to all heavy-duty engines, pickup trucks, and vans. The EPA also requests comment on possible alternative CO2-equivalent approaches for model year 2012-14 light-duty vehicles. The EPA's proposed greenhouse gas emission standards under the Clean Air Act would begin with model year 2014. The NHTSA's proposed fuel consumption standards under the Energy Independence and Security would be voluntary in model years 2014 and 2015, becoming mandatory with model year 2016 for most regulatory categories. Commercial trailers would not be regulated in this phase of the Heavy-Duty National Program, although there is a discussion of the possibility of future action for trailers. ----------------------------------------------