COURTHOUSE NEWS SERVICE
Federal Regulation Brief
March 9, 2012
AGRICULTURE:
AGRICULTURE (USDA)
PROPOSED REGULATIONS
RURAL UTILITIES SERVICE (RUS)
Water and waste disposal loans and grants: Proposed rule, published March 9, 2012,
comments by May 8, 2012
[TEXT]
The Rural Utilities Service proposes to amend the regulations regarding the Section
306C Water and Waste Disposal Loans and Grants program, which provides water
and waste disposal facilities and services to low-income rural communities whose
residents face significant health risks. Specifically, the RUS proposes to modify the
priority points system within the regulation to give additional priority points to
colonias areas that are un-served and facing significant health risks. The intent is to
ensure that the neediest areas receive funding. The RUS also requests comments on
other potential modifications that could provide incentive for local entities to assist
areas designated as colonias that lack access to water or waste disposal systems
and/or which face significant health risk.
------------------------------------------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, sablefish managed under the
Individual Fishing Quota Program: Temporary rule, opening, published March 9,
2012, effective 1200 hrs. Alaska local time March 17 to 1200 hrs. A.l.t. Nov. 7, 2012
Text
The National Marine Fisheries Service opens directed fishing for sablefish with fixed
gear managed under the Individual Fishing Quota Program and the Community
Development Quota Program.
Fisheries of the exclusive economic zone off Alaska, Chinook salmon bycatch
management in the Bering Sea pollock fishery, economic data collection: Final rule
correction, published March 9, 2012, effective March 9, 2012, applicable March 5,
2012
Text
The National Marine Fisheries Service corrects an error in paragraph numbering in
the Feb. 3, 2012 final rule regarding economic data collection for Chinook salmon
bycatch management in the Bering Sea pollock fishery.
Fisheries of the exclusive economic zone off Alaska, Pacific cod by vessels using jig
gear in the Central Regulatory Area of the Gulf of Alaska: Temporary rule, closure,
published March 9, 2012, effective 1200 hrs. Alaska local time March 6 to 1200 hrs.
A.l.t. June 10, 2012
Text
The National Marine Fisheries Service prohibits directed fishing for Pacific cod by
vessels using jig gear in the Central Regulatory Area of the Gulf of Alaska to prevent
exceeding the A season allowance of the 2012 Pacific cod total allowable catch
apportioned to those vessels in that area.
------------------------------------------COMMUNICATION (FCC)
NEWLY PUBLISHED REGULATIONS
Connect America Fund, a National Broadband Plan for Our Future, establishing just
and reasonable rates for local exchange carriers, high-cost universal service support:
Final rule, published March 9, 2012, effective April 9, 2012, except for Sections
54.313(a)(9), 54.313(f)(2) and 54.1003(b), which contain information collection
requirements not yet approved by the Office of Management and Budget
Text
The Federal Communications Commission clarifies selected rules, modifies some
initial filing deadlines required to comply with the Paperwork Reduction Act
requirements, and deletes certain obsolete rules.
---------------------------------------------ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Exemptions from the requirement of a tolerance, Aspergillus flavus AF36,
amendment: Final rule, published March 9, 2012, effective March 9, 2012, objections
and requests for hearings by May 8, 2012
[TEXT]
The Environmental Protection Agency amends the existing temporary tolerance
exemption for Aspergillus flavus AF36 by establishing a permanent exemption from
the requirement of a tolerance for residues of the microbial pesticide, Aspergillus
flavus AF36, in or on pistachio when applied as an antifungal agent and used in
accordance with good agricultural practices. This action eliminates the need to
establish a maximum permissible level for residues of Aspergillus flavus AF36 under
the Federal Food, Drug, and Cosmetic Act.
National Volatile Organic Compound Emission Standards, aerosol coatings, addition
of dimethyl carbonate, benzotrifluoride, and hexamethyldisiloxane to table of
reactivity factors: Direct final rule, published March 9, 2012, effective June 7, 2012
unless adverse comments are received by April 23, 2012
[TEXT]
The Environmental Protection Agency amends the National Volatile Organic
Compound Emission Standards for Aerosol Coatings final rule by adding three
compounds: dimethyl carbonate, benzotrifluoride and hexamethyldisiloxane, and
their associated reactivity factors to the aerosol coatings reactivity rule's table of
reactivity factors based on petitions received from regulated entities. This action also
revises two tables in the final rule, and corrects a typographical error in a test
method reference.
Pesticide tolerances, penthiopyrad: Final rule, published March 9, 2012, effective
March 9, 2012, objections and requests for hearings by May 8, 2012
[TEXT]
The Environmental Protection Agency establishes tolerances for residues of
penthiopyrad in or on multiple commodities.
PROPOSED REGULATIONS
National Volatile Organic Compound Emission Standards, aerosol coatings, addition
of dimethyl carbonate, benzotrifluoride, and hexamethyldisiloxane to table of
reactivity factors: Proposed rule, published March 9, 2012, written comments by
April 23, 2012, public hearing March 26, 2012 if requests to present oral testimony
are received by March 19, 2012
[TEXT]
The Environmental Protection Agency proposes to amend the National Volatile
Organic Compound Emission Standards for Aerosol Coatings final rule, by adding
three compounds: dimethyl carbonate, benzotrifluoride, and hexamethyldisiloxane
and their associated reactivity factors to the aerosol coatings reactivity rule's table of
reactivity factors based on petitions received from regulated entities. This action also
revises two tables in the final rule, and corrects a typographical error in a test
method reference.
---------------------------------------------HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
NEWLY PUBLISHED REGULATIONS
FOOD AND DRUG ADMINISTRATION (FDA)
Immunology and microbiology devices, classification of norovirus serological
reagents: Final rule, published March 9, 2012, effective April 9, 2012, classification
was effective Feb 23, 2011
[TEXT]
The Food and Drug Administration classifies norovirus serological reagents into class
II (special controls). The special control that will apply to these devices is the
guidance document entitled “Class II Special Controls Guidance Document: Norovirus
Serological Reagents.” The FDA classifies these devices into class II (special controls)
because special controls, in addition to general controls, will provide a reasonable
assurance of safety and effectiveness of these devices and there is sufficient
information to establish special controls.
New animal drugs for use in animal feeds: CFR correction, published March 9, 2012
[TEXT]
The Food and Drug Administration reinstates Section 558.500 (e)(1)(i), Title 21 of
the Code of Federal Regulations, Parts 500 to 599, revised as of April 1, 2011.
---------------------------------------------MONEY:
TREASURY (USDT)
PROPOSED REGULATIONS
INTERNAL REVENUE SERVICE (IRS)
Modifications to minimum present value requirements for partial annuity distribution
options under defined benefit pension plans: Correction, published March 9, 2012,
effective March 9, 2012, applicable Feb. 3, 2012
[TEXT]
The Internal Revenue Service corrects the Feb. 3, 2012 notice of proposed
rulemaking and notice of public hearing providing guidance regarding the minimum
present value requirements applicable to certain defined benefit pension plans.
---------------------------------------------NATIONAL SECURITY:
DEFENSE (DoD)
NEWLY PUBLISHED REGULATIONS
Federal Acquisition Regulation, Women-Owned Small Business Program: Correction,
published March 9, 2012
Text
The Department of Defense, the General Services Administration and the National
Aeronautics and Space Administration correct 48 CFR Part 52, pages 12913 through
12924, published March 2, 2012.
Federal Acquisition Regulation, New Designated Country (Armenia) and Other Trade
Agreements Updates: Correction, published March 9, 2012
Text
The Department of Defense, the General Services Administration and the National
Aeronautics and Space Administration correct 48 CFR Part 52, pages 12935 through
12937, published March 2, 2012.
---------------------------------------------HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Regulated navigation area, Little Bay Bridge construction, Little Bay, Portsmouth,
New Hampshire: Temporary interim rule, request for comments, published March 9,
2012, effective March 9, 2012 through July 31, 2013, effective with actual notice for
enforcement Feb. 28, 2012 through July 31, 2013, comments by July 31, 2013
Text
The U.S. Coast Guard establishes a regulated navigation area on Little Bay in the
Piscataqua River under and surrounding the Little Bay and General Sullivan Bridges
to facilitate construction of the Little Bay Bridge between Newington, N.H., and
Dover, N.H.
PROPOSED REGULATIONS
COAST GUARD (USCG)
Regulated navigation areas, bulk packaging to allow for transfer of hazardous liquid
cargoes: Notice of proposed rulemaking, published March 9, 2012, comments by May
8, 2012, information collection comments to the Office of Management and Budget
by May 8, 2012
Text
The U.S. Coast Guard proposes to amend its regulations concerning the transfer of
hazardous materials to and from portable tanks on vessels. The USCG proposes to
expand the list of portable tanks approved for hazardous material transfers to
include IMO Type 1 and IMO Type 2 portable tanks, UN portable tanks, and
Intermediate Bulk Containers. In addition, the agency proposes to expand the list of
allowed hazardous materials.
Safety zone, Myrtle Beach Triathlon, Atlantic Intracoastal Waterway, Myrtle Beach,
South Carolina: Notice of proposed rulemaking, published March 9, 2012, comments
by June 15, 2012, public meeting requests by May 20, 2012
Text
The U.S. Coast Guard proposes to establish a temporary safety zone on the Atlantic
Intracoastal Waterway in Myrtle Beach, S.C., during the Myrtle Beach Triathlon to be
held Oct. 13, 2012.
---------------------------------------------TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Amendments of Class C airspace, Springfield, Missouri, Lincoln, Nebraska, Grand
Rapids, Michigan: Final rule correction, published March 9, 2012, effective 0901 UTC,
April 5, 2012
[TEXT]
The Federal Aviation Administration corrects the Feb. 6, 2012 Class C airspace
designation for Gerald R. Ford International Airport, Grand Rapids, Mich., to include
the city name.
IFR altitudes, miscellaneous amendments: Final rule, published March 9, 2012,
effective 0901 UTC, April 5, 2012
[TEXT]
The Federal Aviation Administration adopts miscellaneous amendments to the
required IFR (instrument flight rules) altitudes and changeover points for certain
federal airways, jet routes, or direct routes for which a minimum or maximum en
route authorized IFR altitude is prescribed. This regulatory action is due to changes
occurring in the National Airspace System. These changes are designed to provide
for the safe and efficient use of the navigable airspace under instrument conditions in
the affected areas.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Eurocopter France helicopters: Notice of proposed
rulemaking, published March 9, 2012, comments by May 8, 2012
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) is prompted by an in-flight fire
in certain Eurocopter France Model AS350 helicopters caused by ignition of hydraulic
fluid leaking from a damaged forward (pitch) servo-control hydraulic hose. The
proposed actions are to prevent the forward servo-control hydraulic hoses from
becoming damaged and leaking hydraulic fluid that could ignite in flight, which can
result in loss of main rotor control, power loss, structural damage, propagation of
fire, and subsequent loss of control of the helicopter.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
certain Eurocopter France Model AS350 helicopters.
Airworthiness directives, Honeywell International, Inc. turbofan engines: Notice of
proposed rulemaking, published March 9, 2012, comments by May 8, 2012
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) was prompted by two reports
of certain Honeywell International, Inc. ALF502L-2C, ALF502R-3, ALF502R-3A,
ALF502R-5, LF507-1F, and LF507-1H turbofan engines experiencing uncontained
release of low-pressure (LP) turbine blades. This proposed AD would require
operational checks of the engine overspeed trip system. This proposed AD would
require actions intended to prevent LP turbine overspeed leading to uncontained
release of the LP turbine blades and damage to the airplane.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for all
Honeywell International, Inc. ALF502L-2C, ALF502R-3, ALF502R-3A, ALF502R-5,
LF507-1F, and LF507-1H turbofan engines.
Piper Aircraft, Inc. (Type Certificate previously held by The New Piper Aircraft Inc.)
airplanes: Notice of proposed rulemaking, published March 9, 2012, comments by
April 23, 2012
[TEXT]
PURPOSE: Since the Federal Aviation Administration issued a previous airworthiness
directive (AD) that applies to certain Piper Aircraft, Inc. (type certificate previously
held by The New Piper Aircraft Inc.) Models PA-31T and PA-31T1 airplanes, it has
become aware that some owner/operators of the affected airplanes modified the
aircraft data plate in error due to confusion in the serial number applicability. Due to
the confusion, the manufacturer has issued new service information to clarify
affected airplane serial numbers. This proposed AD would require determining the
airplane model based on the serial number and modifying the aircraft data plate to
properly identify the airplane model. This proposed AD would also require doing a
detailed search for all applicable airworthiness related documents that apply to any
airplane that has an incorrectly marked data plate and take necessary corrective
actions based on the search findings.
SUMMARY: The Federal Aviation Administration proposes to supersede an existing
AD that applies to certain Piper Aircraft, Inc. Models PA-31T and PA-31T1 airplanes.
The existing AD currently requires correcting a model identification error on the
aircraft data plate.
SOCATA airplanes: Notice of proposed rulemaking, published March 9, 2012,
comments by April 23, 2012
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) requires actions intended to
address the unsafe condition on these products.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
SOCATA Model TBM 700 airplanes. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an aviation product.
The MCAI describes the unsafe condition as installation of an incorrect part number
during overhaul of the nose landing gear.
Unmanned aircraft system test sites: Request for comments, published March 9,
2012, comments by May 8, 2012, additional information and frequently asked
questions are available at www.faa.gov
[TEXT]
The Federal Aviation Administration intends to identify six test ranges/sites to
integrate unmanned aircraft systems (UAS) into the National Airspace System (NAS).
This pilot project is in direct response to a congressional mandate. The FAA believes
that designation of such UAS test sites will assist in the effort to safely and efficiently
integrate UAS into the NAS and requests feedback on this issue. This feedback will
be used to help develop UAS test site requirements, designation standards, and
oversight activity.
----------------------------------------------