COURTHOUSE NEWS SERVICE Federal Regulation Brief June 17, 2010 COMMERCE: COMMERCE (DOC) NEWLY PUBLISHED REGULATIONS INDUSTRY AND SECURITY BUREAU (BIS) Export Administration Regulations, technical corrections: Final rule, published June 16, 2010, effective June 16, 2010 [TEXT] The Industry and Security Bureau corrects two typographical errors that appeared in a rule published June 4, 2010. One error is in the License Requirements section of Export Control Classification Number 2B001 and the other is in the Technical Note on Adjusted Peak Performance found at the end of Category 4 on the Commerce Control List. ----------------------------NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) Magnuson-Stevens Fishery Conservation and Management Act provisions, fisheries of the northeastern United States, northeast skate complex fishery (Amendment 3): Interim final rule, request for comments, published June 16, 2010, effective July 16, 2010, comments on the final specifications for the 2010 and 2011 fishing years by 5 p.m. July 16, 2010 [TEXT] The National Marine Fisheries Service implements approved measures in Amendment 3 to the Northeast Skate Complex Fishery Management Plan, including final specifications for the 2010 and 2011 fishing years. Amendment 3 was developed by the New England Fishery Management Council to rebuild overfished skate stocks and implement annual catch limits and accountability measures consistent with the requirements of the reauthorized Magnuson-Stevens Fishery Conservation and Management Act. Amendment 3 implements a rebuilding plan for smooth skate and establishes an annual catch limit and annual catch target for the skate complex, total allowable landings for the skate wing and bait fisheries, seasonal quotas for the bait fishery, new possession limits, in season possession limit triggers and other measures to improve management of the skate fisheries. This interim final rule also includes skate fishery specifications for fishing years 2010 and 2011, under the specifications process established in Amendment 3. PROPOSED REGULATIONS NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) Atlantic Coastal Fisheries Cooperative Management Act provisions, weakfish fishery: Proposed rule, re-opening of comment period, published June 16, 2010, comment period on the May 12, 2010 (75 FR 26703) proposed rule re-opened, written comments by June 30, 2010 [TEXT] The National Marine Fisheries Service reopens the comment period on the proposed rule to set the commercial possession limit for weakfish caught in the exclusive economic zone at 100 lb (45 kg) per day or trip, whichever is longer in duration, and set the recreational possession limit at 1 fish per person per day or trip, whichever is longer in duration. The proposed rule is to modify regulations for the Atlantic coast stock of weakfish to be more compatible with Addendum IV to Amendment 4 of the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan for Weakfish. Such action is authorized under the Atlantic Coastal Fisheries Cooperative Management Act. Fisheries in the western Pacific, community development program process: Proposed rule, published June 16, 2010, comments by July 20, 2010 [TEXT] The National Marine Fisheries Service proposes to establish requirements and procedures for soliciting, reviewing and approving community development plans for access to western Pacific fisheries. This proposed rule is to promote the participation of island communities in fisheries that they have traditionally depended upon, but may not have the capabilities to support continued and substantial participation in, possibly due to economic, regulatory or other constraints. ------------------------------------------COMMUNICATION (FCC) NEWLY PUBLISHED REGULATIONS FM Table of Allotments, dismissal of petition for reconsideration, The Dalles, Tualatin, Eugene, Albany, Lebanon, Paisley and Diamond Lake, Oregon and Goldendale, Washington: Final rule, dismissal of petition for reconsideration, published June 16, 2010 [TEXT] The Federal Communications Commission, Audio Division, dismisses a petition for reconsideration jointly filed by Portland Broadcasting LLC, licensee of Station KXPCFM, channel 279C, Lebanon, Ore., Bicoastal Media Licenses IV LLC, licensee of Station KACI-FM, channel 249C2, The Dalles, Ore. and Station KMSW(FM), channel 224C3, The Dalles, Ore., and Extra Mile Media Inc., licensee of Station KHPE(FM), channel 300C, Albany, Ore. In this regard, Portland Broadcasting, Columbia Gorge Broadcasters Inc., M.S.W Communications LLC, Bicoastal, and Extra Media Inc. (the Joint Parties) filed a motion to dismiss the petition for reconsideration. The Joint Parties’ motion to dismiss the petition for reconsideration contained a settlement agreement between Cumulus and the Joint Parties. In accordance with Section 1.420(j) of the agency’s rules, the agency grants the Joint Parties’ motion to dismiss. In doing so, the agency approves the settlement agreement. The Joint Parties are to collectively and individually receive payments less than their respective legitimate and prudent expenses incurred in connection with the preparation, filing and advocacy of the counterproposal. Each party filed a declaration in accordance with Section 1.420(j), containing an itemization of its respective legal, engineering and other legitimate and prudent expenses. The Joint Parties and Cumulus each state in its respective declaration that aside from the settlement agreement, neither respective licensee nor any of its members, officers or employees is a party to any agreement, written or oral, that requires the respective licensee to pay or receive any monies or provide or receive any other consideration from or to the existing and former licensee for the actions described in each respective declaration. ---------------------------------------------POSTAL REGULATORY COMMISSION (PRC) PROPOSED REGULATIONS Postal pricing methods: Notice of proposed rulemaking, published June 16, 2010, comments by July 16, 2010, reply comments by Aug. 16, 2010 [TEXT] The Postal Regulatory Commission initiates an investigation into the methodologies for estimating volume changes due to pricing incentive programs. If a change in analytical principles is warranted, the agency may propose a specific methodology for adoption. This action announces establishment of a docket to consider this investigation and provides an opportunity for public comment. ------------------------------------------POSTAL SERVICE (USPS) NEWLY PUBLISHED REGULATIONS International Mail Manual, incorporation by reference: Final rule, published June 16, 2010, effective June 16, 2010, incorporation by reference of Issue 36 of the International Mail Manual is approved by the Director of the Federal Register as of June 16, 2010 [TEXT] The U.S. Postal Service announces the issuance of Issue 36 of the Mailing Standards of the U.S. Postal Service, International Mail Manual and its incorporation by reference in the Code of Federal Regulations. EDUCATION EDUCATION (USDE) NEWLY PUBLISHED REGULATIONS Vocational rehabilitation service projects for American Indians with disabilities: Final regulations, published June 16, 2010, effective June 16, 2010 [TEXT] The Secretary of the Office of Special Education and Rehabilitative Services adopts as final, without changes, interim final regulations for the American Indian Vocational Rehabilitation Services (AIVRS) program to permit a consortium of Indian tribes to establish a separate legal entity to apply for a grant under this program. These final regulations are to enable the agency to make grants to Indian tribes that choose to form a consortium and, rather than authorizing one of the Indian tribes of the consortium to serve as the grantee, create a separate legal entity that serves as the grantee on behalf of the consortium and that is responsible for using the grant funds to provide services to all the Indian tribes in the consortium. ------------------------------------------ENVIRONMENT, ENERGY & RESOURCES: ENVIRONMENTAL PROTECTION (EPA) NEWLY PUBLISHED REGULATIONS Exemption from the requirement of a tolerance, sodium 1,4–dialkyl sulfosuccinates: Final rule, published June 16, 2010, effective June 16, 2010, objections and requests for hearings by Aug. 16, 2010 [TEXT] The Environmental Protection Agency establishes an exemption from the requirement of a tolerance for residues of sodium 1,4-dialkyl sulfosuccinates including sodium 1,4-dihexyl sulfosuccinate (CAS Reg. No. 3006-15-3); sodium 1,4diisobutyl sulfosuccinate (CAS Reg. No. 127-39-9); and sodium 1,4-dipentyl sulfosuccinate (CAS Reg. No. 922-80-5) when used as an inert ingredient in pesticide formulations for pre-harvest and post-harvest uses, as well as, for application to animals under 40 CFR 180.910 and 40 CFR 180.930, respectively. The Joint Inerts Task Force, Cluster Support Team 13 submitted a petition to the EPA under the Federal Food, Drug, and Cosmetic Act, requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of the sodium 1,4-dialkyl sulfosuccinates. A tolerance is the amount of a toxin legally allowed on produce. Protection of stratospheric ozone, Notice 25 for Significant New Alternatives Policy program: Determination of Acceptability, published June 16, 2010, effective June 16, 2010 [TEXT] This Determination of Acceptability expands the list of acceptable substitutes for ozone-depleting substances under the U.S. Environmental Protection Agency's Significant New Alternatives Policy program. The substitutes are for use in the following sectors: Refrigeration and air-conditioning, foam blowing, aerosols, and sterilants. The majority of the acceptability decisions find substitutes acceptable as alternatives to the class II ozone depleting substances hydrochlorofluorocarbon (HCFC)-22, HCFC-142b and blends containing one or both of these substances. The EPA also finds one of the alternatives, HFO-1234ze, acceptable as a substitute for CFC-113 in the heat transfer end use and as a substitute for CFC-11 in the aerosol propellant end use. The listing of additional refrigerant alternatives as acceptable provides users in the refrigeration and air-conditioning sector with more options for replacing HCFC-22 and HCFC-142b, which, under the EPA's phaseout regulations, may generally be used only as a refrigerant to service equipment manufactured before Jan. 1, 2010. Temporary exemption from the requirement of a tolerance, Bacillus thuringiensis eCry3.1Ab protein in corn: Final rule, published June 16, 2010, effective June 16, 2010, objections and requests for hearings by Aug. 16, 2010 [TEXT] The Environmental Protection Agency establishes a temporary exemption from the requirement of a tolerance for residues of Bacillus thuringiensis eCry3.1Ab protein in corn in or on the food and feed commodities of corn; corn, field; corn, sweet; and corn, pop, when used as a plant-incorporated protectant in accordance with the terms of Experimental Use Permit 67979-EUP-8. Syngenta Seeds, Incorporated submitted a petition to the EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting a temporary exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus thuringiensis eCry3.1Ab protein in corn under the FFDCA. The temporary tolerance exemption expires June 1, 2012. A tolerance is the amount of a toxin legally allowed on produce. PROPOSED REGULATIONS Reassessment of use authorizations, polychlorinated biphenyls (PCBs), extension of comment period and additional public meetings: Advance notice of proposed rulemaking, extension of comment period and additional public meetings, published June 16, 2010, comments by Aug. 20, 2010, meetings July 22, 2010, from 9 a.m. to 1 p.m., in San Francisco, Calif., and July 29, 2010, from 6 p.m. to 9 p.m., in New York, N.Y., requests to participate by 10 days prior to the date of the meeting [TEXT] The Environmental Protection Agency issued an advance notice of proposed rulemaking (ANPRM) in the April 7, 2010 Federal Register concerning the reassessment of the use authorizations for polychlorinated biphenyls (PCBs). This action is extending the comment period for 45 days, from July 6, 2010, to Aug. 20, 2010. This extension is to provide the public with an opportunity to provide additional and more thorough comments. Also, the EPA is holding two additional public meetings to enable additional public comment on the ANPRM during the comment period extension. ---------------------------------------------DEPARTMENT OF THE INTERIOR (DOI) PROPOSED REGULATIONS FISH AND WILDLIFE SERVICE (USFWS) Endangered and threatened wildlife and plants, 90-day finding on five petitions to list seven species of Hawaiian yellow-faced bees as endangered: Notice of 90-day petition finding and initiation of status review, published June 16, 2010, information by Aug. 16, 2010, electronic comments by Eastern Standard Time Aug. 16, 2010, after Aug. 16, 2010, send information to the Field Office [TEXT] After a 90-day review the U.S. Fish and Wildlife Service announces that the five petitions to list seven species of Hawaiian yellow-faced bees (Hylaeus anthracinus, H. assimulans, H. facilis, H. hilaris, H. kuakea, H. longiceps, and H. mana) as threatened or endangered under the Endangered Species Act provides substantial scientific or commercial information indicating that listing this species may be warranted. The agency now begins a status review, and requests scientific and commercial data on the species. If listing is warranted, the agency will make a determination on critical habitat. ---------------------------------------------NUCLEAR REGULATORY COMMISSION (NRC) NEWLY PUBLISHED REGULATIONS Revision of fee schedules, fee recovery (FY 2010): Final rule, published June 16, 2010, effective Aug. 16, 2010 [TEXT] The Nuclear Regulatory Commission amends the licensing, inspection, and annual fees charged to its applicants and licensees. The amendments are to implement the Omnibus Budget Reconciliation Act (OBRA-90) which requires the NRC to recover through fees approximately 90 percent of its budget authority in fiscal year (FY) 2010, not including amounts appropriated from the Nuclear Waste Fund, amounts appropriated for Waste Incidental to Reprocessing, and amounts appropriated for generic homeland security activities. Based on the Energy and Water Development and Related Agencies Appropriation Act, signed by the President Oct. 28, 2009, the NRC's required fee recovery amount for the FY 2010 budget is approximately $912.2 million. After accounting for billing adjustments, the total amount to be billed as fees is approximately $911.1 million. ---------------------------------------------GOVERNMENT: PRESIDENTIAL DOCUMENTS EXECUTIVE ORDERS Committees, Establishment, Renewal, Termination, etc., Prevention, Health Promotion, and Public Health Council, National, Establishment (EO 13544): Published June 16, 2010 [TEXT] [PDF] President Obama has established within the Department of Health and Human Services, the National Prevention, Health Promotion, and Public Health Council to be chaired by the Surgeon General. The council will provide coordination and leadership at the federal level, and among all executive departments and agencies, with respect to prevention, wellness, and health promotion practices, the public health system, and integrative health care in the United States. The council will also develop, after obtaining input from relevant stakeholders, a national prevention, health promotion, public health, and integrative health-care strategy that incorporates the most effective and achievable means of improving the health status of Americans and reducing the incidence of preventable illness and disability in the United States. ADMINISTRATIVE ORDERS Federal real estate, excess assets reduction and energy efficiency improvement (Memorandum of June 10, 2010): Published June 16, 2010 [TEXT] President Obama has ordered executive departments and agencies to accelerate efforts to identify and eliminate excess properties and take immediate steps to make better use of remaining real property assets as measured by use and occupancy rates, annual operating cost, energy efficiency, and sustainability. North Korea; Continuation of National Emergency (Notice of June 14, 2010): Published June 16, 2010 [TEXT] President Obama has extended Executive Order 13466, for one year, to deal with the unusual and extraordinary threat to the national security and foreign policy of the U.S. constituted by the current existence and risk of the proliferation of weaponsusable fissile material on the Korean Peninsula. ---------------------------------------------HOUSING: HOUSING AND URBAN DEVELOPMENT (HUD) PROPOSED REGULATIONS Manufactured home construction and safety standards, test procedures for roof trusses: Proposed rule, published June 16, 2010, comments by Aug. 16, 2010 [TEXT] [PDF] The Department of Housing and Urban Development proposes a rule that would amend the Federal Manufactured Home Construction and Safety Standards by adopting proposals made by the Manufactured Home Consensus Committee (MHCC), as modified by the HUD. This proposed rule contains the recommendations on which the HUD and the MHCC agree. This proposed rule also includes the HUD's modifications to the MHCC proposal, together with the HUD's reasons for not accepting those particular revisions proposed by the MHCC. ------------------------------------------MONEY: TREASURY (USDT) NEWLY PUBLISHED REGULATIONS INTERNAL REVENUE SERVICE (IRS) Built-in gains and losses under Section 382(h): Final regulations and removal of temporary regulations, published June 16, 2010, effective June 11, 2010, applicability dates complex [TEXT] The Internal Revenue Service publishes final regulations that apply to loss corporations that have undergone an ownership change within the meaning of Section 382. These regulations provide guidance regarding the treatment of prepaid income under the built-in gain provisions of Section 382(h). Interest and penalty suspension provisions under Section 6404(g) of the Internal Revenue Code: Final regulations and removal of temporary regulations, published June 16, 2010, effective June 16, 2010, applicable to interest relating to listed transactions and undisclosed reportable transactions accruing before, on, or after Oct. 3, 2004 [TEXT] The Internal Revenue Service publishes final regulations under Section 6404(g)(2)(E) of the Internal Revenue Code on the suspension of any interest, penalty, addition to tax, or additional amount with respect to listed transactions or undisclosed reportable transactions. The final regulations reflect changes to the law made by the Internal Revenue Service Restructuring and Reform Act, the American Jobs Creation Act, the Gulf Opportunity Zone Act, the Tax Relief and Health Care Act, and the Small Business and Work Opportunity Tax Act. The regulations provide guidance to individual taxpayers who have participated in listed transactions or undisclosed reportable transactions. ---------------------------------------------NATIONAL SECURITY: DEFENSE (DoD) NEWLY PUBLISHED REGULATIONS Federal Acquisition Regulation, FAR Case 2005–040, Electronic Subcontracting Reporting System: Final rule, published June 16, 2010, effective July 16, 2010 [TEXT] [PDF] The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council, Department of Defense, the General Services Administration and the National Aeronautics and Space Administration amend the Federal Acquisition Regulation to require that contractors’ small business subcontract reports be submitted using the Electronic Subcontracting Reporting System, rather than Standard Form 294 - Subcontract Report for Individual Contracts and Standard Form 295 - Summary Subcontract Report. Federal Acquisition Regulation, FAR Case 2008–003, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts: Final rule, published June 16, 2010, effective July 16, 2010 [TEXT] The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council, Department of Defense, the General Services Administration and the National Aeronautics and Space Administration adopt as final, with changes, an interim rule amending the Federal Acquisition Regulation to implement the National Defense Authorization Act for Fiscal Year 2008, Section 844 “Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts” (FY08 NDAA). Section 844 of the FY08 NDAA stipulates the requirements regarding the public availability of justifications and approval documents after the award of federal contracts, except for information exempt from public disclosure. Federal Acquisition Regulation, FAR Case 2008–007, Additional Requirements for Market Research: Interim rule with request for comments, published June 16, 2010, effective June 16, 2010, applicable to any solicitations issued and contracts (to include any subcontracts issued under such contracts) awarded on or after June 16, 2010, written comments by Aug. 16, 2010 [TEXT] The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council, Department of Defense, the General Services Administration and the National Aeronautics and Space Administration amend the Federal Acquisition Regulation to implement Section 826 of the National Defense Authorization Act for Fiscal Year 2008. Section 826 established additional requirements in subsection (c) of 10 U.S.C. 2377. As a matter of policy, these requirements are extended to all executive agencies. Specifically, the head of the agency must conduct market research before issuing an indefinite-delivery indefinite-quantity task or delivery order for a noncommercial item in excess of the simplified acquisition threshold. In addition, a prime contractor with a contract in excess of $5 million for the procurement of items other than commercial items is required to conduct market research before making purchases that exceed the simplified acquisition threshold for or on behalf of the government. Federal Acquisition Regulation, FAR Case 2009–010, American Recovery and Reinvestment Act of 2009, Publicizing Contract Actions: Final rule, published June 16, 2010, effective July 16, 2010 [TEXT] The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council, Department of Defense, the General Services Administration and the National Aeronautics and Space Administration adopt as final, with minor changes, an interim rule amending the Federal Acquisition Regulation to implement the Office of Management and Budget (OMB) Memorandum M-09-10, entitled “Initial Implementing Guidance for the American Recovery and Reinvestment Act of 2009,” with respect to publicizing contract actions. The OMB issued Memorandum M-09-15, entitled “Updated Implementing Guidance for the American Recovery and Reinvestment Act of 2009,” to supplement, amend and clarify the initial guidance in the OMB Memorandum M-09-10. Federal Acquisition Regulation, FAR Case 2009–011, American Recovery and Reinvestment Act of 2009, GAO/IG Access: Final rule, published June 16, 2010, effective July 16, 2010 [TEXT] The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council, Department of Defense, the General Services Administration and the National Aeronautics and Space Administration adopt as final, with changes, the interim rule amending the Federal Acquisition Regulation to implement the American Recovery and Reinvestment Act of 2009 with respect to Sections 902, 1514 and 1515. Federal Acquisition Regulation, FAR Case 2009–012, American Recovery and Reinvestment Act (the Recovery Act) of 2009 Whistleblower Protections: Final rule, published June 16, 2010, effective June 16, 2010 [TEXT] The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council, Department of Defense, the General Services Administration and the National Aeronautics and Space Administration have adopted as final, with changes, an interim rule amending the Federal Acquisition Regulation to implement the American Recovery and Reinvestment Act of 2009 with respect to Section 1553 of Division A, Protecting State and Local Government and Contractor Whistleblowers. This rule prohibits non-federal employers from discharging, demoting or discriminating against an employee as a reprisal for disclosing information. Federal Acquisition Regulation, FAR Case 2009–013, Nonavailable Articles: Final rule, published June 16, 2010, effective July 16, 2010 [TEXT] The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council, Department of Defense, the General Services Administration and the National Aeronautics and Space Administration amend the Federal Acquisition Regulation to revise the list of articles determined to be domestically non-available. Federal Acquisition Regulation, FAR Case 2009–014, New Designated Country Taiwan: Final rule, published June 16, 2010, effective June 16, 2010 [TEXT] The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council, Department of Defense, the General Services Administration and the National Aeronautics and Space Administration adopt as final, without change, an interim rule amending the Federal Acquisition Regulation to add Taiwan (known in the World Trade Organization as “the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei)”) as a designated country, due to the accession of Taiwan to membership in the World Trade Organization Agreement on Government Procurement. Federal Acquisition Regulation, FAR Case 2009–018, Payrolls and Basic Records: Interim rule with request for comments, published June 16, 2010, effective June 16, 2010, comments by Aug. 16, 2010 [TEXT] [PDF] The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council, Department of Defense, the General Services Administration and the National Aeronautics and Space Administration amend the Federal Acquisition Regulation to revise the clause, Payrolls and Basic Records. This revision implements a Department of Labor rule to protect the privacy of workers. Federal Acquisition Regulation, FAR Case 2009–025, Disclosure and Consistency of Cost Accounting Practices for Contracts Awarded to Foreign Concerns: Interim rule with request for comments, published June 16, 2010, effective June 16, 2010, comments by Aug. 16, 2010 [TEXT] The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council, Department of Defense, the General Services Administration and the National Aeronautics and Space Administration amend the Federal Acquisition Regulation to align it with the revised Cost Accounting Standards Board clause, Disclosure and Consistency of Cost Accounting Practices-Foreign Concerns. Federal Acquisition Regulation, FAR Case 2009–026, Compensation for Personal Services: Interim rule with request for comments, published June 16, 2010, effective June 16, 2010, comments by Aug. 16, 2010 [TEXT] The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council, Department of Defense, the General Services Administration and the National Aeronautics and Space Administration amend the Federal Acquisition Regulation to align it with the revised Cost Accounting Standards Board standards 412, “Cost Accounting Standard for composition and measurement of pension cost;” and 415, “Accounting for the cost of deferred compensation.” Federal Acquisition Regulation, Federal Acquisition Circular 2005–42, Introduction: Summary presentation of rules, published June 16, 2010 [TEXT] The Department of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration summarize the Federal Acquisition Regulation rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-42. A companion document, the Small Entity Compliance Guide, and FAC 2005-42 are available via the internet at http://www.regulations.gov. Federal Acquisition Regulation, Federal Acquisition Circular 2005–42: Small Entity Compliance Guide, published June 16, 2010 [TEXT] The Department of Defense, the General Services Administration and the National Aeronautics and Space Administration issue the Small Entity Compliance Guide under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. The Small Entity Compliance Guide has been prepared in accordance with Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of the summaries of the rules appearing in Federal Acquisition Circular (FAC) 2005-42 which amends the Federal Acquisition Regulation. Interested parties may obtain further information regarding this rule by referring to FAC 2005-42. This Small Entity Compliance Guide and FAC 2005-42 are available via the internet at http://www.regulations.gov. Federal Acquisition Regulation, technical amendments: Final rule, published June 16, 2010, effective June 16, 2010 [TEXT] The Department of Defense, the General Services Administration and the National Aeronautics and Space Administration make technical amendments to the Federal Acquisition Regulation to make editorial changes. ---------------------------------------------HOMELAND SECURITY (DHS) NEWLY PUBLISHED REGULATIONS COAST GUARD (USCG) Safety zone, Fourth of July fireworks event, Cape Charles City Harbor, Cape Charles, Virginia: Temporary final rule, published June 16, 2010, effective 8 p.m. to 10 p.m. July 4, 2010 [TEXT] The U.S. Coast Guard establishes a 420-foot radius safety zone on the navigable waters of Cape Charles City Harbor in Cape Charles, Va. for the Fourth of July fireworks event. This action is to restrict vessel traffic movement to protect mariners and spectators from the hazards associated with aerial fireworks displays. Safety zone, Grand Marais Splash-In, West Bay, Lake Superior, Grand Marais, Michigan: Temporary final rule, published June 16, 2010, effective 2 p.m. to 5 p.m. June 19, 2010 [TEXT] The U.S. Coast Guard establishes a temporary safety zone in West Bay, on Lake Superior, Grand Marais, Mich. This safety zone is to restrict vessel traffic from a part of West Bay during the Grand Marais Splash-In Sea Plane Competition. Safety zone, McNary-John Day Transmission Line Project, Columbia River, Hermiston, Oregon: Temporary final rule, published June 16, 2010, effective June 16, 2010 to 11:59 p.m. Oct. 31, 2011, effective with actual notice for enforcement 10 a.m. June 10, 2010 [TEXT] The U.S. Coast Guard establishes a temporary safety zone on the waters of the Columbia River near Hermiston, Ore. for the installation of new power lines across the river. The safety zone prohibits all people and vessels from entering or remaining in the safety zone unless authorized by the Captain of the Port or a designated representative. Safety zone, Michigan Orthopaedic Society 50th Anniversary Fireworks, Lake Huron, Mackinac Island, Michigan: Temporary final rule, published June 16, 2010, effective 9 p.m. to 11 p.m. June 19, 2010 [TEXT] The U.S. Coast Guard establishes a temporary safety zone on Lake Huron, Mackinac Island, Mich. This zone is to restrict vessels from a part of Lake Huron during the Michigan Orthopaedic Society 50th Anniversary Fireworks display, June 19, 2010. ---------------------------------------------TRANSPORTATION TRANSPORTATION (DOT) PROPOSED REGULATIONS FEDERAL AVIATION ADMINISTRATION (FAA) Airworthiness directives, Eurocopter France Model AS 350 B, BA, B1, B2, B3, and D, and Model AS355 E, F, F1, F2, and N helicopters: Notice of proposed rulemaking, published June 16, 2010, comments by Aug. 16, 2010 [TEXT] PURPOSE: This proposed airworthiness directive (AD) is prompted by an internal review conducted by the manufacturer which revealed that some main and tail rotor servo-controls do not conform to the approved design in Eurocopter France Model AS 350 B, BA, B1, B2, B3, and D, and Model AS355 E, F, F1, F2, and N helicopters. This proposed AD would require actions intended to prevent the distributor slide valve jamming in its sleeve, leading to reduced controllability of the rotors and subsequent loss of control of the helicopter. SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for the Eurocopter France Model AS 350 B, BA, B1, B2, B3, and D, and Model AS355 E, F, F1, F2, and N helicopters, with certain main rotor servo-controls and tail rotor servocontrols. This proposed AD would require replacing all servo-controls that are identified in the Applicability section of this proposed AD. ---------------------------------------------VETERANS: VETERANS (VA) NEWLY PUBLISHED REGULATIONS State cemetery grants: Final rule, published June 16, 2010, effective July 16, 2010, applicability dates complex [TEXT] The Department of Veterans Affairs issues this final rule to amend regulations for grants to states for the establishment, expansion, and improvement of state veterans cemeteries. The VA implements new statutory authority to provide grants for the operation and maintenance of state veterans cemeteries. The amendments outline the process, the criteria, and the priorities relating to the award of operation and maintenance project grants. ----------------------------- ---------------