COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Oct. 14, 2011
AGRICULTURE:
AGRICULTURE (USDA)
PROPOSED REGULATIONS
RURAL UTILITIES SERVICE (RUS)
Substantially Underserved Trust Areas: Proposed rule, published Oct. 14, 2011,
comments by Dec. 13, 2011
[TEXT]
The Rural Utilities Service proposes to issue regulations outlining the process by
which eligible applicants may apply for agency loans and grants for construction,
acquisition, or improvement of electrical infrastructure in Substantially Underserved
Trust Areas.
---------------------------------------------COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Research area within Gray’s Reef National Marine Sanctuary: Final rule, published
Oct. 14, 2011, effective date to be published in the Federal Register after the close
of a forty-five day review period beginning Oct. 14, 2011
[TEXT] [PDF]
The National Oceanic and Atmospheric Administration creates a research area within
Gray’s Reef National Marine Sanctuary. A research area is a region specifically
designed for conducting controlled scientific studies in the absence of certain human
activities that could affect the results. The agency prohibits fishing, diving and
stopping a vessel in the research area.
------------------------------------------FEDERAL TRADE COMMISSION (FTC)
NEWLY PUBLISHED REGULATIONS
Approval of divestiture agreements: Final rule, published Oct. 14, 2011, effective
Nov. 14, 2011
[TEXT]
The Federal Trade Commission clarifies the process whereby the agency considers
for approval a modification to a divestiture agreement that the agency has either
previously approved or incorporated by reference into a final order. This final rule
delegates to certain senior staff the authority, following notice to the commissioners,
to waive formal application to the agency for approval of certain modifications, and
to waive the otherwise required period for public comment. The delegation
streamlines the process for approval of ministerial and other minor contract
modifications that do not diminish the agency’s order.
---------------------------------------------ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
PROPOSED REGULATIONS
Federal Implementation Plans to reduce interstate transport of fine particulate
matter and ozone: Proposed rule, published Oct. 14, 2011, comments by Nov. 14,
2011 unless a public hearing is requested in which event comments must be
received by Nov. 28, 2011, if a request for public hearing is received by Oct. 19,
2011, then a public hearing will be held 9 a.m. Oct. 28, 2011
[TEXT]
The Environmental Protection Agency proposes and requests comment on revisions
to the final Transport Rule issued Aug. 8, 2011. These revisions address
discrepancies in unit-specific modeling assumptions that affect the proper calculation
of Transport Rule state budgets and assurance levels in Florida, Louisiana, Michigan,
Mississippi, Nebraska, New Jersey, New York, Texas, and Wisconsin, as well as new
unit set-asides in Arkansas and Texas. The EPA also proposes to revise allowance
allocations to specific units covered by certain consent decrees that restrict the use
of those allowances. The EPA also proposes to amend the assurance penalty
provisions of the rule to make them effective beginning Jan. 1, 2014, rather than in
2012, to promote the development of allowance market liquidity as these revisions
are finalized. In addition, the EPA proposes to correct typographical errors in the
rule.
Approvals and promulgations of air quality implementation plans, Virginia,
amendments to regulations regarding sulfur dioxide national ambient air quality
standard: Proposed rule, published Oct. 14, 2011, written comments by Nov. 14,
2011
[TEXT]
The Environmental Protection Agency proposes to approve a State Implementation
Plan revision submitted by Virginia, regarding amendments of Virginia's regulations
of the new 1-hour primary national ambient air quality standard for sulfur dioxide.
New Source Performance Standards review for nitric acid plants: Proposed rule,
published Oct. 14, 2011, comments by Nov. 28, 2011, comments on the information
collection provisions by Nov. 14, 2011
[TEXT] [PDF]
The Environmental Protection Agency proposes revisions to the new source
performance standards for nitric acid plants. Nitric acid plants include one or more
nitric acid production units. These proposed revisions include a change to the
nitrogen oxides emission limit, which applies to each nitric acid production unit
commencing construction, modification, or reconstruction after Oct. 14, 2011. These
proposed revisions will also include additional testing and monitoring requirements.
---------------------------------------------HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
PROPOSED REGULATIONS
Foreign quarantines, etiological agents, hosts, and vectors: Notice of proposed
rulemaking, published Oct. 14, 2011, comments by Dec. 13, 2011
[TEXT]
The Centers for Disease Control and Prevention (CDC) revises the regulations that
cover the importation of etiological agents and the hosts and vectors of human
disease. The changes are proposed to improve the CDC's ability to prevent the
introduction, transmission, or spread of communicable diseases into the United
States.
---------------------------------------------MONEY:
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)
NEWLY PUBLISHED REGULATIONS
Disclosure of information, privacy act regulations: Final rule, published Oct. 14,
2011, effective Nov. 14, 2011
[TEXT]
The Federal Deposit Insurance Corporation finalizes an interim rule that confirmed
that, effective on the Transfer Date, the Office of Thrift Supervision Freedom of
Information Act (FOIA) and Privacy Act regulations will not be enforced by the FDIC
and that, instead, all FOIA and Privacy Act issues will be addressed under the FDIC's
regulations involving disclosure of information and the Privacy Act.
---------------------------------------------TREASURY (USDT)
PROPOSED REGULATIONS
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB)
Establishment of Wisconsin Ledge viticultural area: Notice of proposed rulemaking,
published Oct. 14, 2011, comments by Dec. 13, 2011
[TEXT]
The Alcohol and Tobacco Tax and Trade Bureau proposes to establish the
approximately 3,800 square-mile “Wisconsin Ledge” viticultural area in northeast
Wisconsin.
---------------------------------------------NATIONAL SECURITY:
DEFENSE (DoD)
PROPOSED REGULATIONS
Federal Acquisition Regulations, Privacy Training, 2010–013: Proposed rule,
published Oct. 14, 2011, written comments by Dec. 13, 2011
[TEXT]
The Department of Defense, the General Services Administration, and the National
Aeronautics and Space Administration propose to amend the Federal Acquisition
Regulation to require contractors to complete training that addresses the protection
of privacy, in accordance with the Privacy Act, and the handling and safeguarding of
personally identifiable information.
---------------------------------------------HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Drawbridge operations, Corson Inlet, Strathmere, New Jersey: Notice of temporary
deviation from regulations, published Oct. 14, 2011, effective 5 a.m. Oct. 17 to 5
p.m. Nov. 17, 2011
[TEXT]
The U.S. Coast Guard issues a temporary change in the regulations for the operation
of the Corson Inlet Bridge (County Route 619), at mile 0.9, across Corson Inlet, in
Strathmere, N.J., to facilitate the replacement of the steel railing.
Drawbridge operations, Duwamish West Waterway, Seattle, Washington: Notice of
temporary deviation from regulations, published Oct. 14, 2011, effective 3 p.m. Oct.
24 to 6 p.m. Oct. 28, 2011
[TEXT]
The U.S. Coast Guard issues a temporary change in the regulation for the operation
of the Spokane Street Swing Bridge across the Duwamish West Waterway, mile 0.3,
at Seattle, Wash., to mitigate the displacement of approximately 110,000 vehicles
that may be affected by the Alaska Way Viaduct Tunnel construction, a major
infrastructure improvement project. This temporary deviation permits more vehicle
access across the bridge during peak hours, by allowing the bridge to remain closed
to waterway traffic during weekday afternoon peak traffic times for a five day period.
Drawbridge operations, Neuse River, New Bern, North Carolina: Notice of temporary
deviation from regulations, published Oct. 14, 2011, effective 9 a.m. Oct. 4 to 6 p.m.
Oct. 13, 2011
[TEXT]
The U.S. Coast Guard issues a temporary change in the regulations for the operation
of the Neuse River Railroad Bridge, at mile 33.7, over the Neuse River, at New Bern,
N.C., to facilitate repairs to the main mechanism of the bridge.
Safety zone, annual fireworks displays within the Captain of the Port, Puget Sound
area of responsibility: Notice of enforcement of regulation, published Oct. 14, 2011,
enforced 5 p.m. Nov. 25 to 1 a.m. Nov. 26, 2011
[TEXT]
The U.S. Coast Guard enforces the safety zone for the Alderbrook Spa & Resort
annual fireworks display in the Captain of the Port, Puget Sound area of
responsibility.
Security zone, Potomac River, Georgetown Channel, Washington, D.C.: Temporary
final rule, published Oct. 14, 2011, effective 6 a.m. to 6 p.m. Oct. 16, 2011
[TEXT]
The U.S. Coast Guard establishes a temporary security zone encompassing certain
waters of the Potomac River, Georgetown Channel, in Washington, D.C., to
safeguard high-ranking public officials during the Martin Luther King Jr. National
Memorial dedication ceremony.
Special local regulations for marine events, Chesapeake Bay Workboat Race, Back
River, Messick Point, Poquoson, Virginia: Temporary final rule, published Oct. 14,
2011, effective 1 p.m. to 4 p.m. Oct. 30, 2011
[TEXT]
The U.S. Coast Guard establishes a special local regulation during the Chesapeake
Bay Workboat Race, a series of power boat races held on the waters of Back River,
Poquoson, Va.
PROPOSED REGULATIONS
COAST GUARD (USCG)
Drawbridge operations, Trent River, New Bern, North Carolina: Notice of temporary
deviation from regulations, published Oct. 14, 2011, effective 6:30 a.m. to 9:30 a.m.
Oct. 15, 2011
[TEXT]
The U.S. Coast Guard issues a temporary change in the regulation for the operation
of the US 70 Alfred Cunningham Bridge across the Trent River, mile 0.0, at New
Bern, N.C., to accommodate racers in the three Neuse River Bridge Runs.
-------------------------------
---------------TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Special conditions, Boeing Model 767–400ER series airplanes, seats with inflatable
lapbelts: Final special conditions, request for comments, published Oct. 14, 2011,
effective Oct. 6, 2011, comments by Nov. 28, 2011
[TEXT]
The Federal Aviation Administration issues these special conditions for Boeing Model
767-400ER series airplanes to establish a level of safety equivalent to that
established by the existing airworthiness standards. These airplanes, as modified by
Continental Airlines, will have a novel or unusual design feature of seats with
inflatable lapbelts.
Special conditions, Gulfstream Aerospace LP (GALP) Model G280 airplane pilotcompartment view – hydrophobic coatings in lieu of windshield wipers: Final special
conditions, published Oct. 14, 2011, effective Nov. 14, 2011
[TEXT]
The Federal Aviation Administration issues these special conditions for Gulfstream
Aerospace LP (GALP) Model G280 airplanes to establish a level of safety equivalent
to that established by the existing airworthiness standards. This airplane will have a
novel or unusual design feature of having the pilot-compartment view through a
hydrophobic windshield coating, in lieu of windshield wipers.
Special conditions, Gulfstream Aerospace LP (GALP) Model G280 airplane, limit
engine torque loads for sudden engine stoppage: Final special conditions, request for
comments, published Oct. 14, 2011, effective Oct. 6, 2011, comments by Nov. 28,
2011
[TEXT]
The Federal Aviation Administration issues these special conditions for Gulfstream
Aerospace LP (GALP) model G280 s to establish a level of safety equivalent to that
established by the existing airworthiness standards. This airplane will have a novel or
unusual design feature of having engine torque loads imposed by sudden engine
stoppage.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Special conditions, Learjet Inc., Model LJ–200–1A10 airplane, pilot-compartment
view through hydrophobic windshield coatings in lieu of windshield wipers: Notice of
proposed special conditions, published Oct. 14, 2011, comments by Nov. 28, 2011
[TEXT]
The Federal Aviation Administration proposes special conditions for Learjet Model LJ200-1A10 airplanes to establish a level of safety equivalent to that established by the
existing airworthiness standards. This airplane will have a novel or unusual design
feature of having hydrophobic windshield coatings in lieu of windshield wipers.
FEDERAL RAILROAD ADMINISTRATION (FRA)
Positive train control systems: Notice of public hearing and extension of comment
period, published Oct. 14, 2011, public hearing 9 a.m. Nov. 10, 2011, comment
period in extended to Nov. 25, 2011
[TEXT]
The Federal Railroad Administration announces a public hearing to provide interested
persons an opportunity to provide comments on the proposal published Aug. 24,
2011,that would remove regulatory provisions requiring railroads to either conduct
further analyses or meet certain risk-based criteria to avoid positive train control
system implementation on track segments that do not transport poison- or toxic-byinhalation hazardous materials traffic and are not used for intercity or commuter rail
passenger transportation as of Dec. 31, 2015. The hearing would also provide an
opportunity to discuss further development of the regulation. The agency also
extends the comment period for this proceeding to allow time to submit comments
after the public hearing.
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