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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.
-----------------------------
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