COURTHOUSE NEWS SERVICE
Federal Regulation Brief
April 27, 2012
AGRICULTURE:
AGRICULTURE (USDA)
NEWLY PUBLISHED REGULATIONS
FOOD AND NUTRITION SERVICE (FNS)
Certification of compliance with meal requirements for the National School Lunch
Program under the Healthy, Hunger-Free Kids Act: Interim final rule, published April
27, 2012, effective July 1, 2012, comments postmarked by or electronically
submitted by 11:59 p.m. July 26, 2012, hand-delivered comments by 5 p.m. July 26,
2012, information collection comments by June 26, 2012
Text
The Food and Nutrition Service amends the National School Lunch Program
regulations to conform to requirements in the Healthy, Hunger-Free Kids Act
regarding performance-based cash assistance for school food authorities certified
compliant with meal pattern and nutrition standards.
PROPOSED REGULATIONS
ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)
Importation of fresh bananas from the Philippines into the continental United States:
Correction, published April 27, 2012
Text
The Animal and Plant Health Inspection Service corrects an April 16, 2012 proposed
rule, page 22513, second column, under Responses per Respondent, by changing
“5,456” to read “5.456.”
------------------------------------------COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
INDUSTRY AND SECURITY BUREAU (BIS)
Addition of certain parties to the Entity List: Final rule, published April 27, 2012,
effective April 27, 2012
Text
The Bureau of Industry and Security amends the Export Administration Regulations
by adding sixteen parties under eighteen entries to the Entity List. These parties are
listed under the countries of Afghanistan, Pakistan and the United Arab Emirates.
Certain exports, re-exports, and transfers (in-country) to entities identified on the
Entity List require a license from the Bureau of Industry and Security and license
exceptions are limited.
----------------------------NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the northeastern United States, Flower Garden Banks National Marine
Sanctuary regulations: Final rule, public availability of final management plan and
environmental assessment, published April 27, 2012, effective May 29, 2012
Text
The National Oceanic and Atmospheric Administration amends the regulations for the
Flower Garden Banks National Marine Sanctuary to improve vessel and user safety,
protect sanctuary resources from user impacts, clarify discharge language, and make
other technical changes and corrections.
Fisheries of the northeastern United States, 2012-2013 northeast skate complex
fishery specifications: Final rule, published April 27, 2012, effective May 1, 2012
Text
The National Marine Fisheries Service implements catch limits and associated
measures for the northeast skate complex fishery for the 2012-2013 fishing years.
The catch limits reflect recent increases in skate biomass.
Fisheries of the northeastern United States, Atlantic bluefish fishery, 2012 Atlantic
bluefish specifications: Final rule, published April 27, 2012, effective May 29 through
Dec. 31, 2012
Text
The National Marine Fisheries Service issues final specifications for the 2012 Atlantic
bluefish fishery, including an annual catch limit, total allowable landings, a
commercial quota and recreational harvest limit, and a recreational possession limit.
Fisheries of the northeastern United States, summer flounder fishery: Temporary
rule, quota transfer, published April 27, 2012, effective April 26 to Dec. 31, 2012
Text
The National Marine Fisheries Service announces that North Carolina is transferring
part of its 2012 commercial summer flounder quota to Virginia.
PROPOSED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the Caribbean, Gulf of Mexico and South Atlantic, spiny lobster fishery of
the Gulf of Mexico and South Atlantic, Amendment 11: Notice of availability,
published April 27, 2012, written comments by June 26, 2012
Text
The National Marine Fisheries Service announces that the Gulf of Mexico and South
Atlantic Fishery Management Councils have submitted an amendment to the fishery
management plan for the spiny lobster fishery of the Gulf of Mexico and South
Atlantic for review, approval and implementation. The amendment proposes to limit
spiny lobster fishing using trap gear in certain areas in the exclusive economic zone
off the Florida Keys to protect threatened species of corals.
Fisheries of the northeastern United States, northeast multispecies fishery, exempted
fishery for the southern New England skate bait trawl fishery: Proposed rule,
published April 27, 2012, comments by 5 p.m. Eastern Daylight Time May 14, 2012
Text
The National Marine Fisheries Service proposes to modify the regulations
implementing the northeast multispecies fishery management plan to allow vessels
issued a federal skate permit and a skate bait letter of authorization to fish for skates
in part of southern New England from July through October of each year, outside of
the northeast multispecies days-at-sea program.
------------------------------------------COMMUNICATION (FCC)
NEWLY PUBLISHED REGULATIONS
Extension of rules regarding outage reporting to interconnected Voice over Internet
Protocol service providers and broadband Internet service providers: Final rule,
published April 27, 2012, effective date to be announced after information collection
requirements have been approved by the Office of Management and Budget
Text
The Federal Communications Commission extends the outage reporting requirements
of its rules to interconnected Voice over Internet Protocol (VoIP) service providers,
and defers action on reporting of outages of broadband Internet services.
PROPOSED REGULATIONS
Radio broadcasting services, Centerville and Midway, Texas: Proposed rule,
published April 27, 2012, comments by May 29, 2012, reply comments by June 13,
2012
Text
The Federal Communications Commission requests comments on a petition for
rulemaking proposing the allotment of channel 267A at Midway, Texas, as its first
local service, and the substitution of channel 232A for vacant channel 267A at
Centerville, Texas, to accommodate the proposed Midway allotment.
--------------------------------------------------------POSTAL SERVICE (USPS)
NEWLY PUBLISHED REGULATIONS
Picture permit imprint indicia: Final rule, published April 27, 2012, effective June 24,
2012
Text
The U.S. Postal Service revises Mailing Standards of the U.S. Postal Service,
Domestic Mail Manual 604.5 to add picture permit imprint indicia standards allowing
customers to include business-related color images, such as corporate logos,
company brand or trademarks, in the permit indicia area of First-Class Mail fullservice automation letters and postcards, and all Standard Mail letters.
------------------------------------------SMALL BUSINESS ADMINISTRATION (SBA)
NEWLY PUBLISHED REGULATIONS
Small business investment companies, early stage small business investment
companies: Final rule, published April 27, 2012, effective April 27, 2012
Text
The U.S. Small Business Administration defines a new sub-category of small business
investment companies (SBICs) that focus on making equity investments in early
stage small businesses. By licensing and providing SBA leverage to these “Early
Stage SBICs,” the SBA seeks to expand entrepreneurs’ access to capital and
encourage innovation as part of President Obama’s Start-Up America Initiative
launched Jan. 31, 2011. This final rule also publishes regulations applicable to Early
Stage SBICs regarding licensing, capital requirements, non-SBA borrowing,
examination fees, leverage eligibility, distributions, and capital impairment. In
addition, the final rule makes certain technical changes to the SBIC regulations.
------------------------------------------ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Revisions to the Hawaii State Implementation Plan: Direct final rule, published April
27, 2012, effective June 26, 2012 without further notice, unless the EPA receives
adverse comments by May 29, 2012, in which case a withdrawal will be published
Text
The Environmental Protection Agency approves revisions to the Hawaii State
Implementation Plan. These revisions concern volatile organic compound, oxides of
nitrogen, and particulate matter emissions from motor vehicles, water separation,
pumps, compressors, waste gas, and open burning, as well as several administrative
requirements. The EPA approves local rules that regulate these emission sources
under the Clean Air Act.
Denial of reconsideration petitions on standards of performance for new stationary
sources and emission guidelines for existing sources, sewage sludge incineration
units: Denial of petitions for reconsideration, published April 27, 2012
Text
The Environmental Protection Agency denies two petitions for reconsideration of a
March 21, 2011 final rule that established new source performance standards and
emission guidelines for sewage sludge incineration units at wastewater treatment
facilities designed to treat domestic sewage sludge.
Significant new use rules on certain chemical substances: Direct final rule, published
April 27, 2012, effective June 26, 2012, for judicial review, this action is published 1
p.m. EST May 11, 2012, written adverse comments or intent to submit adverse
comments by May 29, 2012
Text
The Environmental Protection Agency publishes significant new use rules under the
Toxic Substances Control Act (TSCA) for 119 chemical substances that were the
subject of premanufacture notices. Four of these chemical substances are subject to
TSCA consent orders issued by the EPA. This action requires parties that intend to
manufacture, import or process any of these 119 chemical substances for an activity
that is designated as a significant new use by this rule to notify the EPA at least 90
days before commencing that activity. The notification is to provide the EPA with the
opportunity to evaluate the intended use and, if necessary, to prohibit or limit that
activity before it occurs.
PROPOSED REGULATIONS
Revisions to the California State Implementation Plan, Imperial County Air Pollution
Control District: Proposed rule, published April 27, 2012, comments by May 29, 2012
Text
The Environmental Protection Agency proposes to approve revisions to the Imperial
County Air Pollution Control District part of the California State Implementation Plan.
These revisions concern oxides of nitrogen emissions from certain boilers, process
heaters and steam generators. The agency requests comments on this proposed
rule, and plans to follow with a final action.
Revisions to the Hawaii State Implementation Plan: Proposed rule, published April
27, 2012, comments by May 29, 2012
Text
The Environmental Protection Agency proposes to approve revisions to the Hawaii
State Implementation Plan. These revisions concern volatile organic compound,
oxides of nitrogen, and particulate matter emissions from motor vehicles, water
separation, pumps, compressors, waste gas, and open burning, as well as several
administrative requirements. The EPA proposes to approve several local rules to
regulate these emission sources under the Clean Air Act.
---------------------------------------------DEPARTMENT OF THE INTERIOR (DOI)
PROPOSED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
Endangered and threatened wildlife and plants, 5-year reviews of species in
California and Nevada: Notice of 5-year reviews, published April 27, 2012, written
information by June 26, 2012
Text
The U.S. Fish and Wildlife Service initiates 5-year reviews for 25 species under the
Endangered Species Act. Based on review results, the agency will determine whether
it should change the listing status of any of these species. The USFWS requests any
information that has become available since the last 5-year review of each of these
species. The USFSW also announces 5-year reviews that were completed for 28
species in California and Nevada between March 17, 2011, and Feb. 29, 2012.
---------------------------------------------NUCLEAR REGULATORY COMMISSION (NRC)
PROPOSED REGULATIONS
Petition for rulemaking, submitted by the Natural Resources Defense Council Inc.:
Petition for rulemaking, consideration in the rulemaking process, published April 27,
2012, docket closed April 27, 2012
Text
The U.S. Nuclear Regulatory Commission determines that the issues raised in a
petition for rulemaking by the Natural Resources Defense Council Inc. for the agency
to require more realistic, hands-on training and exercises on Severe Accident
Management Guidelines and Extensive Damage Mitigation Guidelines are appropriate
for consideration in the ongoing Fukushima Near Term Task Force Recommendation
8 rulemaking.
---------------------------------------------HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
NEWLY PUBLISHED REGULATIONS
CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)
Medicare and Medicaid programs, changes in provider and supplier enrollment,
ordering and referring, documentation requirements, and changes in provider
agreements: Final rule, published April 27, 2012, effective June 26, 2012
Text
The Centers for Medicare & Medicaid Services finalizes several provisions of the
Affordable Care Act implemented in a May 5, 2010 interim final rule. The rule
requires all providers of medical or other items or services and suppliers that qualify
for a National Provider Identifier (NPI) to include their NPI on all applications to
enroll in the Medicare and Medicaid programs and on all claims for payment
submitted under the Medicare and Medicaid programs. It also requires physicians
and other professionals who are permitted to order and certify covered items and
services for Medicare beneficiaries to be enrolled in Medicare. Finally, it mandates
document retention and provision requirements on providers and suppliers that order
and certify items and services for Medicare beneficiaries.
---------------------------------------------MONEY:
COMMODITY FUTURES TRADING COMMISSION (CFTC)
NEWLY PUBLISHED REGULATIONS
Commodity options: Final rule and interim final rule, published April 27, 2012,
effective June 26, 2012, comments on Section 32.3 by June 26, 2012, compliance
dates complex
PDF | Text
The Commodity Futures Trading Commission issues a final rule to repeal and replace
its current regulations on commodity options. The CFTC also issues an interim final
rule that incorporates a trade option exemption into the final rules for commodity
options. For a transaction to be within the trade option exemption, the option, the
offeror (seller), and the offeree (buyer), as applicable, must satisfy certain eligibility
requirements, including that the option, if exercised, be physically settled, that the
option seller meet certain eligibility requirements, and that the option buyer be a
commercial user of the commodity underlying the option, and certain other
regulatory conditions. Only comments regarding the interim final rule will be
considered in any further action related to these rules.
---------------------------------------------CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)
NEWLY PUBLISHED REGULATIONS
Supplemental standards of ethical conduct for employees of the Bureau of Consumer
Financial Protection: Interim final rule with request for public comments, published
April 27, 2012, effective June 26, 2012, written comments by June 26, 2012
Text
The Bureau of Consumer Financial Protection, with the concurrence of the Office of
Government Ethics (OGE), issues this interim final rule for employees of the CFPB.
This rule supplements the Standards of Ethical Conduct for Employees of the
Executive Branch issued by the OGE, and it addresses ethical issues unique to the
CFPB. The rule establishes restrictions on outside employment and business
activities, prohibitions on the ownership of certain financial interests, restrictions on
seeking, obtaining or renegotiating credit and indebtedness, prohibitions on
recommendations concerning debt and equity interests, disqualification requirements
based on credit or indebtedness, prohibitions on purchasing certain assets, and
restrictions on participating in particular matters involving outside entities.
-------------------------------
---------------NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Drawbridge operation regulation, Lake Washington Ship Canal, Seattle, Washington:
Notice of temporary deviation from regulations, published April 27, 2012, effective
7:30 a.m. May 20 to 9 a.m. May 20, 2012
Text
The U.S. Coast Guard issues a temporary change in the operating schedule for the
Montlake Bridge across the Lake Washington Ship Canal, mile 5.2, at Seattle, Wash.,
to accommodate the Beat the Bridge charity foot race. This deviation allows the
bridge to remain in the closed position to allow safe movement of event participants.
Safety zones, TriMet Bridge Project, Willamette River, Portland, Oregon: Temporary
final rule, published April 27, 2012, effective April 27, 2012 to Oct. 31, 2014
Text
The U.S. Coast Guard establishes safety zones encompassing the work trestles and
construction cranes involved in the construction of the TriMet Bridge on the
Willamette River, in Portland, Ore., during the construction project.
Special local regulation, Hebda Cup Rowing Regatta, Trenton Channel, Detroit River,
Wyandotte, Michigan: Temporary final rule, published April 27, 2012, effective 7:30
a.m. to 4:30 p.m. April 28, 2012
Text
The U.S. Coast Guard establishes a temporary special local regulation on the Trenton
Channel of the Detroit River, Wyandotte, Mich., immediately prior to, during and
immediately after the Hebda Cup Rowing Regatta.
Special local regulation, Galveston Bay, Kemah, Texas: Temporary final rule,
published April 27, 2012, effective 6 a.m. to 12 p.m. April 29, 2012
Text
The U.S. Coast Guard establishes a temporary special local regulation in Galveston
Bay near Kemah, Texas, for the Memorial Hermann Kemah Triathlon.
Special local regulation, Wy-Hi Rowing Regatta, Trenton Channel, Detroit River,
Wyandotte, Michigan: Temporary final rule, published April 27, 2012, effective 7:30
a.m. to 4:30 p.m. May 5, 2012
Text
The U.S. Coast Guard establishes a temporary special local regulation on the Trenton
Channel of the Detroit River, Wyandotte, Mich., immediately prior to, during and
immediately after the Wy-Hi Rowing Regatta.
Special local regulation for marine events, temporary change of dates for recurring
marine events in the Fifth Coast Guard District, Ocean City Maryland Offshore Grand
Prix, Ocean City, Maryland: Temporary final rule, published April 27, 2012, effective
11 a.m. to 5 p.m. May 13, 2012
Text
The U.S. Coast Guard temporarily changes the enforcement period for a special local
regulation for one recurring marine event in the Fifth Coast Guard District,
specifically, the Ocean City Maryland Offshore Grand Prix hydroplane races on the
North Atlantic Ocean near Ocean City, Md.
PROPOSED REGULATIONS
COAST GUARD (USCG)
Special local regulations for marine events, Potomac River, National Harbor Access
Channel, Maryland: Notice of proposed rulemaking, published April 27, 2012,
comments by May 29, 2012
Text
The U.S. Coast Guard proposes to establish special local regulations during the
“Swim across the Potomac River” swimming competition, to be held on the Potomac
River July 8, 2012.
---------------------------------------------TRANSPORTATION
TRANSPORTATION (DOT)
PROPOSED REGULATIONS
Reporting of ancillary airline passenger revenues: Notice of public meeting, published
April 27, 2012, public meeting scheduled 9:30 a.m. to 11:30 a.m. and 1 p.m. to 3
p.m. Eastern Time May 17, 2012
Text
The Department of Transportation announces a public meeting on a notice of
proposed rulemaking issued July 15, 2011. That action proposed changes regarding
reporting of airline ancillary passenger revenues, computation of mishandled
baggage rates, and collection of separate statistics for mishandled wheelchairs and
scooters used by passengers with disabilities. During the public meeting, the DOT
staff will provide a summary of the proposals in the notice of proposed rulemaking
and requests input on costs and benefits associated with the implementation of the
proposed actions.
---------------------------------------------VETERANS:
VETERANS (VA)
PROPOSED REGULATIONS
Notice of information and evidence necessary to substantiate a claim: Withdrawal of
proposed rule, published April 27, 2012, effective April 27, 2012
Text
The Department of Veterans Affairs withdraws a Dec. 11, 2009 proposed rule
regarding the VA’s duty to notify a claimant of the information and evidence
necessary to substantiate a claim.
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