COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Jan. 19, 2011
COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
INDUSTRY AND SECURITY BUREAU (BIS)
Additions and revisions to the list of validated end-users in the People’s Republic of
China, CSMC Technologies Corp. and Advanced Micro Devices China Inc.: Final rule,
published Jan. 18, 2011, effective Jan. 18, 2011, comments welcome on a continuing
basis
[TEXT]
The Bureau of Industry and Security amends the Export Administration Regulations
to add one end-user, CSMC Technologies Corporation, to the list of validated endusers in the People’s Republic of China. With this rule, exports, re-exports and
transfers (in-country) of certain items to three CSMC facilities in the People’s
Republic of China are now authorized under Authorization Validated End-User. In this
rule, the agency also amends the Export Administration Regulations to revise the
validated end-user authorization for Advanced Micro Devices China Inc. in the
People’s Republic of China by amending the list of buildings associated with one of
the company’s approved facilities and by updating the description of items eligible for
export, re-export or transfer (in-country) to Advanced Micro Devices China Inc.’s
approved facilities.
PROPOSED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Pacific halibut fisheries, catch sharing plan: Proposed rule, published Jan. 18, 2011,
comments by 5 p.m. local time Feb. 2, 2011
[TEXT]
The National Marine Fisheries Service proposes to approve and implement changes
to the Pacific Halibut Catch Sharing Plan for the International Pacific Halibut
Commission’s (IPHC) regulatory Area 2A off Washington, Oregon and California to
enhance the conservation of Pacific halibut, to provide greater angler opportunity
where available and to protect overfished groundfish species from being incidentally
caught in the halibut fisheries. The agency proposes to implement parts of the plan
and management measures not implemented through the IPHC. This includes tribal
regulations and the sport fishery allocations and management measures for Area 2A.
---------------------------------------------EMPLOYMENT
LABOR (DOL)
NEWLY PUBLISHED REGULATIONS
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
Procedures for the handling of retaliation complaints under the employee protection
provisions of six environmental statutes and Section 211 of the Energy
Reorganization Act: Final rule, published Jan. 18, 2011, effective Jan. 18, 2011
[TEXT] [PDF]
The Occupational Safety and Health Administration provides the final text of
regulations for the employee protection (whistleblower) provisions of Section 211 of
the Energy Reorganization Act (ERA), implementing the statutory changes enacted
into law Aug. 8, 2005, as part of the Energy Policy Act. The regulations also finalize
changes to the procedures for handling retaliation complaints under Section 211 of
the ERA and the six environmental whistleblower statutes designed to make them as
consistent as possible with the more recently issued procedures for handling
retaliation complaints under other whistleblower provisions administered by the
agency.
---------------------------------------------ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Approvals and promulgations of air quality implementation plans, Virginia, adoption
of 8-hour ozone standard and related reference conditions, and update of
appendices: Direct final rule, published Jan. 18, 2011, effective March 21, 2011
without further notice, unless adverse written comments are received by Feb. 17,
2011
[TEXT]
The Environmental Protection Agency takes direct final action to approve a revision
to the commonwealth of Virginia State Implementation Plan (SIP). The revision adds
the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS) of 0.075
parts per million and related reference conditions and updates the list of appendices
under “Documents Incorporated by Reference.” Virginia's SIP revision for the NAAQS
for ozone is consistent with the 8-hour federal standard.
National emission standards for hazardous air pollutants, Portland Cement
Manufacturing Industry and Standards of Performance for Portland Cement Plants:
Direct Final rule, amendments, published Jan. 18, 2011, effective March 21, 2011,
without further notice, unless significant adverse written comments are received by
Feb. 17, 2011, or if a public hearing is requested by Feb.2, 2011
[TEXT]
The Environmental Protection Agency takes direct final action on amendments to the
National Emissions Standards for Hazardous Air Pollutants from the Portland Cement
Manufacturing Industry and Standards of Performance for Portland Cement Plants.
The final rules were published Sept. 9, 2010. This direct final action amends certain
regulatory text to clarify compliance dates and clarifies that the previously issued
emission limits changed in the Sept. 9, 2010, action remain in effect until sources
are required to comply with the revised limits. The EPA also corrects two minor
typographical errors in the regulatory text to the Sept. 9, 2010 action.
PROPOSED REGULATIONS
Approvals and promulgations of air quality implementation plans, Delaware,
infrastructure state implementation plan requirement to address interstate transport
for 2006 24-Hour PM2.5 NAAQS: Proposed rule, published Jan. 18, 2011, written
comments by Feb. 17, 2011
[TEXT]
The Environmental Protection Agency proposes to approve and, in the alternative,
Proposes to disapprove a State Implementation Plan (SIP) revision submitted by the
Delaware Department of Natural Resources and Environmental Control (DNREC) to
address significant contribution to nonattainment or interference with maintenance in
another state with respect to the 2006 fine particulate matter (PM2.5) national
ambient air quality standards (NAAQS). The EPA's rationale for proposing approval
and, in the alternative, proposing disapproval of Delaware's Sept. 16, 2009 SIP
revision and its associated Dec. 9, 2010 supplement is described in this proposal.
Please note that this proposed rulemaking action addresses only those parts of
Delaware's Sept. 16, 2009 submittal regarding significant contribution to
nonattainment or interference with maintenance in another state’s requirements
under the 2006 PM2.5 NAAQS. The EPA does not take action at this time on any
other part of Delaware's Sept. 16, 2009 submittal.
Approvals and promulgations of air quality implementation plans, Virginia, adoption
of 8-hour ozone standard and related reference conditions, and update of
appendices: Proposed rule, published Jan. 18, 2011, written comments by Feb. 17,
2011
[TEXT]
The Environmental Protection Agency proposes to approve the State Implementation
Plan (SIP) revision submitted by the commonwealth of Virginia to add the 2008 8hour ozone National Ambient Air Quality Standard (NAAQS) of 0.075 parts per million
(ppm), related reference conditions, and updating the list of appendices under
“Documents Incorporated by Reference.”
National emission standards for hazardous air pollutants, Portland Cement
Manufacturing Industry and Standards of Performance for Portland Cement Plants:
Proposed rule, published Jan. 18, 2011, comments by Feb. 17, 2011, requests to
speak at a public hearing by Feb. 2, 2011 will result in a public hearing Feb. 7, 2011
[TEXT]
The Environmental Protection Agency takes action on amendments to the National
Emissions Standards for Hazardous Air Pollutants (NESHAP) and Standards of
Performance (NSPS) for Portland Cement Plants. The final rules were published Sept.
9, 2010. This action amends certain text in the final rules to clarify compliance dates
and to restore the previously issued emission limits changed in the Sept. 9, 2010
action. The EPA also corrects two minor typographical errors.
----------------
------------------------------DEPARTMENT OF THE INTERIOR (DOI)
PROPOSED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
Endangered and threatened wildlife and plants, designation of critical habitat for the
Sonoma County Distinct Population Segment of the California tiger salamander:
Revised proposed rule, reopening of comment period, published Jan. 18, 2011,
public comments by Feb. 17, 2011, comments by 11:59 p.m. Eastern Time by Feb.
17, 2011
[TEXT] [PDF]
The U.S. Fish and Wildlife Service announces the reopening of the comment period
on its Aug. 18, 2009, proposed designation of critical habitat for the Sonoma County
Distinct Population Segment of the California tiger salamander (Ambystoma
californiense) under the Endangered Species Act. The agency also announces
revisions to the proposed critical habitat unit, as it was described in the proposed
rule published in the Aug. 18, 2009 Federal Register, and announces the availability
of the draft economic analysis for the revised proposed critical habitat designation
and an amended required determinations section of the proposal. The agency
reopens the comment period for an additional 30 days to allow all interested parties
an opportunity to comment simultaneously on the revised proposed critical habitat,
the associated draft economic analysis, and the amended required determinations
section. Comments previously submitted need not be resubmitted and will be fully
considered in preparation of the final rule.
---------------------------------------------GOVERNMENT:
PRESIDENTIAL DOCUMENTS
ADMINISTRATIVE ORDERS
Middle East Peace Process, Continuation of National Emergency With Respect to
Terrorists Who Threaten To Disrupt (Notice of January 13, 2011): Published Jan. 18,
2011
[TEXT]
Continuation of the National Emergency With Respect to Terrorists Who Threaten To
Disrupt the Middle East Peace Process
President Obama has extended for one year the national emergency with respect to
foreign terrorists who threaten the Middle East Peace process as first declared on
January 23, 1995, by Executive Order 12947 and modified by Executive Order
13099. Those orders freeze the financial assets of identified terrorists and terrorist
organization under the legal jurisdiction of the United States.
-------------------------------
---------------HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
NEWLY PUBLISHED REGULATIONS
FOOD AND DRUG ADMINISTRATION (FDA)
New animal drugs, change of sponsor: Final rule, published Jan. 18, 2011, effective
Jan. 18, 2011
[TEXT]
The Food and Drug Administration amends the animal drug regulations to reflect a
change of sponsor for hemoglobin glutamer-200 from Biopure Corp. to OPK Biotech,
LLC.
New animal drugs, follicle stimulating hormone, change of sponsor: Final rule,
published Jan. 18, 2011, effective Jan. 18, 2011
[TEXT]
The Food and Drug Administration amends the animal drug regulations to reflect a
change of sponsor for a new animal drug application for follicle stimulating hormone
from Ausa International, Inc., to Therio, Inc.
---------------------------------------------MONEY:
SECURITIES AND EXCHANGE COMMISSION (SEC)
NEWLY PUBLISHED REGULATIONS
Delegations of authority to chief accountant: Final rule, published Jan. 18, 2011,
effective Jan. 18, 2011
[TEXT]
The Securities and Exchange Commission amends its rules to delegate authority to
the Chief Accountant with respect to proposed rule changes of the Public Company
Accounting Oversight Board under Section 107 of the Sarbanes-Oxley Act and
Section 19(b) of the Securities Exchange Act, as follows: To publish notices of
proposed rule changes filed by the Public Company Accounting Oversight Board
(PCAOB); to approve or disapprove a proposed rule change; and to temporarily
suspend a proposed rule of the PCAOB. In addition, the SEC amends its rules to
delegate authority to the Chief Accountant to determine the appropriateness of
extending the time periods specified in Section 19(b) and publish the reasons for
such determination as well as to effect any such extension and to institute
proceedings to determine whether to disapprove a proposal and to provide to the
PCAOB notice of the grounds for disapproval under consideration, and to find good
cause to approve a proposal on an accelerated basis and to publish the reasons for
such determination. This delegation is intended to conserve SEC resources and to
maintain the effectiveness and efficiency of the SEC's PCAOB proposed rule filing
process.
---------------------------------------------TREASURY (USDT)
PROPOSED REGULATIONS
INTERNAL REVENUE SERVICE (IRS)
Guidance on reporting interest paid to nonresident aliens: Correction to a notice of
proposed rulemaking and notice of public hearing, published Jan. 18, 2011:
[TEXT]
The Internal Revenue Service corrects a notice of proposed rulemaking and notice of
public hearing published in the Jan. 7, 2011 Federal Register, providing guidance on
the reporting requirements for interest on deposits maintained at U.S. offices of
certain financial institutions and paid to nonresident alien individuals.
Rewards and Awards for information relating to violations of internal revenue laws:
Notice of proposed rulemaking, published Jan. 18, 2011, written or electronic
comments and requests for a public hearing by April 18, 2011
[TEXT]
The Internal Revenue Service proposes a regulation regarding the payment of
rewards under Section 7623(a) of the Internal Revenue Code and awards under
Section 7623(b). The guidance is to clarify the definition of proceeds of amounts
collected and collected proceeds under Section 7623. This regulation provides
needed guidance to the general public as well as officers and employees of the IRS
who review claims under Section 7623.
---------------------------------------------NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Regulated navigation area, reporting requirements for barges loaded with certain
dangerous cargoes, Illinois Waterway System: Temporary final rule, published Jan.
18, 2011, effective midnight Jan. 15, 2011
[TEXT]
The U.S. Coast Guard temporarily suspends reporting requirements under the
regulated navigation area established by 33 CFR 165.921 for barges loaded with
certain dangerous cargoes (CDC) in part of the Illinois Waterway System in the Ninth
Coast Guard District. During this suspension, the agency is to analyze future
reporting needs and evaluate possible changes in CDC reporting requirements. A
final rule will either lift the suspension and restore the obligation of the affected
public to comply with the existing reporting requirements, modify those
requirements or repeal the regulated navigation area. This suspension of the CDC
reporting requirements in no way relieves towing vessel operators and fleeting area
managers responsible for CDC barges in the regulated navigation area from their
dangerous cargo or vessel arrival and movement reporting obligations currently in
effect under other regulations or placed into effect under appropriate agency
authority.
Safety zone, Brandon Road Lock and Dam to Lake Michigan, Chicago, Illinois: Notice
of enforcement, published Jan. 18, 2011, enforced 7 a.m. Jan. 18 to 5 p.m. Feb. 19,
2011
[TEXT]
The U.S. Coast Guard enforces a segment of the safety zone from Brandon Road
Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and
Ship Canal, Chicago River and the Calumet-Saganashkee Channel on all waters of
the Chicago Sanitary and Ship Canal from mile marker 296.1 to mile marker 296.7,
7 a.m. to 11 a.m. daily, and 1 p.m. to 5 p.m. Jan. 18-22, 2011; Jan. 24-26, 2011;
Jan. 31, 2011; Feb. 1-5, 2011; Feb. 7-12, 2011; and Feb. 14-19, 2011. This
enforcement action also occurs 7 a.m. Jan. 27 to 7 a.m. Jan. 29, 2011. This action is
to protect the waterways, waterway users and vessels from hazards associated with
the U.S. Army Corps of Engineers’ operational and safety testing of the dispersal
barrier IIB, which helps control the spread of aquatic nuisance species that have the
potential of devastating the waters of the Great Lakes.
Entry into, traveling through, mooring, laying-up or anchoring within the enforced
area of this safety zone during the enforcement period is prohibited unless
authorized by the Captain of the Port, Sector Lake Michigan, or a designated
representative.
----------------------------FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
Changes in flood elevation determinations: Interim rule, published Jan. 18, 2011,
effective dates complex
[TEXT]
The Federal Emergency Management Agency lists communities where modification of
the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate due to new
scientific or technical data. New flood insurance premium rates are calculated from
the modified BFEs for new buildings and their contents.
---------------------------------------------TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Amendment of Jet Route J–93, California: Final rule, published Jan. 18, 2011,
effective 0901 UTC, May 5, 2011
[TEXT]
The Federal Aviation Administration amends Jet Route J-93 in California between the
Julian VHF Omnidirectional Radio Range Tactical Air Navigation Aid (VORTAC) and
the ASUTA intersection on the U.S./Mexican border. The FAA realigns the jet route
due to the relocation of the Penasco VOR, in Mexico. This action ensures the efficient
use of the National Airspace System.
Amendment of VOR Federal Airways V–2 and V–21, Hawaii: Final rule, published Jan.
18, 2011, effective 0901 UTC, March 10, 2011
[TEXT]
The Federal Aviation Administration amends two VHF Omnidirectional Range (VOR)
federal airway legal descriptions in the state of Hawaii. The FAA takes this action to
remove exclusions to restricted airspace areas removed from the National Airspace
System.
Establishments of Class E airspace, Lucin, Utah: Final rule, technical amendment,
published Jan. 18, 2011, effective 0901 UTC, Feb. 17, 2011
[TEXT]
The Federal Aviation Administration corrects a final rule published in the July 8, 2010
Federal Register, that establishes Class E en route domestic airspace for the Lucin
VHF Omnidirectional Radio Range Tactical Air Navigation Aid (VORTAC), Lucin, Utah.
Revocations and establishments of compulsory reporting points, Alaska: Final rule,
published Jan. 18, 2011, effective date 0901 UTC, May 5, 2011
[TEXT]
The Federal Aviation Administration removes and establishes high altitude Alaskan
compulsory reporting points near the United States and Canadian border.
Specifically, the FAA removes BORAN and establishes the TOVAD reporting point.
Safe, efficient use and preservation of navigable airspace: Final rule, correction,
published Jan. 18, 2011, effective Jan. 18, 2011
[TEXT]
The Federal Aviation Administration corrects the regulation addressing the effective
date of FAA determinations issued under 14 CFR Part 77. The FAA amended this
regulation by final rule published July 21, 2010. The final rule was to update the
regulations for objects that may affect the navigable airspace, to incorporate case
law and legislative action, and to simplify the rule language. In one section of the
regulations, the FAA inadvertently states that the effective date of all determinations
is 40 days from the date of issuance. However, only FAA determinations subject to
the discretionary review process are effective 40 days from the date of issuance. All
other FAA determinations are effective upon issuance. This action corrects that error.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Boeing Co. Model 737–600, –700, –700C, –800, –900, and
–900ER series airplanes: Notice of proposed rulemaking, published Jan. 18, 2011,
comments by March 4, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) results from reports of contact
between wire bundle W443 and the left forward rudder quadrant in certain Boeing
Co. Model 737–600, –700, –700C, –800, –900, and –900ER series airplanes. This
proposed AD would require actions intended to detect and correct contact between
the wire bundle and the left forward rudder quadrant. Damage to the wire bundle
could result in uncommanded stabilizer trim and autopilot disconnects due to shorted
wires from contact between the wire bundle and the left forward rudder quadrant,
potentially affecting the capability of the flight crew during high work load and
consequently reducing control of the airplane. Restricted free movement of the
rudder quadrant at full right rudder travel would reduce controllability of the
airplane.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
certain Boeing Co. Model 737-600, -700, -700C, -800, -900, and -900ER series
airplanes. This proposed AD would require inspecting to determine the clearance and
any wire bundle damage between wire bundle W443 and the left forward rudder
quadrant, followed by adjusting the minimum clearance between the wire bundle and
the left forward rudder quadrant, and repairing any wire bundle damage.
Airworthiness directives, Boeing Co. Model 757 airplanes: Notice of proposed
rulemaking, published Jan. 18, 2011, comments by March 4, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) results from a report that a
power feeder wire bundle chafed against the number six auxiliary slat track, causing
electrical wires in the bundle to arc, which damaged both the auxiliary slat track and
power feeder wires in certain , Boeing Co. Model 757 airplanes. This proposed AD
would require actions intended to prevent arcing that could be a possible ignition
source for leaked flammable fluids, which could result in a fire. Arcing could also
result in a loss of power from the generator connected to the power feeder wire
bundle, and consequent loss of systems, which could reduce controllability of the
airplane.
SUMMARY: The Federal Aviation Administration proposes to supersede an existing
AD that applies to certain Boeing Co. Model 757 airplanes. The existing AD currently
requires inspecting certain power feeder wire bundles for damage, inspecting the
support clamps for these wire bundles to determine whether the clamps are properly
installed, and performing corrective actions if necessary. This proposed AD would
require additional inspections for certain airplanes.
Airworthiness directives, Boeing Co. Model 777–200, –200LR, –300, and –300ER
series airplanes: Notice of Proposed Rulemaking, published Jan. 18, 2011, comments
by March 4, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) was prompted by a report of a
fire in the main equipment center in Boeing Co. Model 777–200, –200LR, –300, and
–300ER series airplanes due to failure of an external power connector, which caused
high-temperature arcing and subsequent splatter of molten copper on an adjacent
hydraulic tube, creating a hole in the tube and spraying hydraulic fluid into the power
connector, resulting in a fire. In addition there were several reports of overheating or
arcing of external power connectors, and one report of a fire due to arcing caused by
foreign object debris (FOD). This proposed AD would require actions intended to
prevent FOD from entering the primary and secondary external power connectors,
which could result in overheating or arcing and consequent fire in the main
equipment center.
SUMMARY: The Federal Aviation Administration proposes to adopt a new
airworthiness directive (AD) for Boeing Co. Model 777–200, –200LR, –300, and –
300ER series airplanes. This proposed AD would require installing FOD rubber shields
over the primary and secondary external power connectors for certain airplanes, and
wrapping fire-resistant silicone tape around the hydraulic tube for certain other
airplanes.
Airworthiness directives, Eurocopter France (Eurocopter) Model SA–365N, SA–
365N1, AS–365N2, AS–365 N3, and SA–366G1 helicopters: Notice of proposed
rulemaking, published Jan. 18, 2011, comments by March 21, 2011
[TEXT] [PDF]
PURPOSE: This proposed airworthiness directive (AD) is prompted by the discovery
of a crack in the 9-degree frame of a Eurocopter Model AS-365N2 helicopter. These
cracks could also develop on the other specified model helicopters because they
contain the same 9-degree frame. This proposed AD would require actions intended
to detect a crack in the 9-degree frame to prevent loss of structural integrity and
subsequent loss of control of the helicopter.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
Eurocopter France (Eurocopter) Model SA–365N, SA–365N1, AS–365N2, AS–365 N3,
and SA–366G1 helicopters. This proposed AD would require an initial and recurring
inspections of the inner angles and flanges of the 9-degree frame on the right-hand
(RH) and left-hand (LH) sides for a crack. If a crack is found, this proposed AD would
require, before further flight, repairing the frame.
----------------------------------------------