Attachment - Courthouse News Service

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COURTHOUSE NEWS SERVICE

Federal Regulation Brief

Dec. 2, 2011

AGRICULTURE:

AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

FARM SERVICE AGENCY (FSA)

Farm Loan Programs loan making activities: Final rule, published Dec. 2, 2011, effective Jan. 3, 2012

Text

The Farm Service Agency amends the Farm Loan Programs loan making regulations to implement a new program and to amend existing regulations for direct and guaranteed loans as required by the Food, Conservation, and Energy Act. This rule establishes the loan making and servicing regulations for the new Land Contract

Guarantee Program. The amendments change the farm experience requirements in the regulations for direct Farm Operating Loans and direct Farm Ownership Loans, and make certain equine farmers and certain equine losses eligible for Emergency

Loans.

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COMMERCE:

COMMERCE (DOC)

NEWLY PUBLISHED REGULATIONS

NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION (NOAA)

Atlantic highly migratory species, vessel monitoring systems: Final rule, published

Dec. 2, 2011, effective Jan. 1, 2012, implementation dates complex

Text

The National Marine Fisheries Service finalizes requirements for fishermen to replace currently required Mobile Transmitting Unit (MTU) Vessel Monitoring System (VMS) units with Enhanced Mobile Transmitting Unit (E-MTU) VMS in Atlantic highly migratory species fisheries. The key difference between the MTU and the E-MTU units is that the E-MTU units are capable of two-way communication. This final action facilitates enhanced communication with highly migratory species vessels at sea, provides highly migratory species fishery participants with an additional means of sending and receiving information at sea, ensures that highly migratory species VMS units are consistent with the current VMS technology and type approval requirements that apply to newly installed units, and provides the agency with additional information describing gear onboard and target species for enforcement.

This rule affects all highly migratory species pelagic longline, bottom longline and shark gillnet fishermen currently required to have VMS onboard their vessels.

Fisheries of the Caribbean, Gulf of Mexico and South Atlantic, spiny lobster fishery of the Gulf of Mexico and South Atlantic, Amendment 10: Final rule, published Dec. 2,

2011, effective Jan. 2, 2012

Text

The National Marine Fisheries Service implements Amendment 10 to the fishery management plan for the spiny lobster fishery of the Gulf of Mexico and South

Atlantic, as prepared and submitted by the Gulf of Mexico and South Atlantic Fishery

Management Councils. This rule revises the lobster species contained within the fishery management unit; establishes an annual catch limit for Caribbean spiny lobster; revises the federal spiny lobster tail-separation permit requirements; revises the regulations specifying the condition of spiny lobster landed during a fishing trip; modifies the undersized attractant regulations; modifies the framework procedures and the protocol for cooperative management with Florida; and authorizes the removal of derelict traps in federal waters off Florida through Florida’s trap cleanup program. Additionally, this rule revises codified text to reflect updated contact information for Florida and regulatory references for the Florida Administrative Code.

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CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

PROPOSED REGULATIONS

Table saw blade contact injuries: Notice of comment period extension, published

Dec. 2, 2011, comments by Feb. 10. 2012

Text

The Consumer Product Safety Commission extends for 60 days the comment period on an Oct. 11, 2011 notice of proposed rulemaking regarding whether a new performance safety standard is needed to address an unreasonable risk of injury associated with table saws.

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POSTAL SERVICE (USPS)

NEWLY PUBLISHED REGULATIONS

Express Mail domestic postage refund policy and waiver of signature: Final rule, published Dec. 2, 2011, effective Jan. 22, 2012

Text

The U.S. Postal Service revises the Mailing Standards of the U.S. Postal Service,

Domestic Mail Manual throughout various sections to modify the policy for filing claims for domestic Express Mail postage refunds from 90 days to 30 days after the date of mailing, and to change the Express Mail “waiver of signature” standard for domestic items by obtaining an addressee’s signature only when the mailer selects the “signature required” option on the Express Mail label.

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EDUCATION

EDUCATION (USDE)

NEWLY PUBLISHED REGULATIONS

Family educational rights and privacy: Final regulations, published Dec. 2, 2011, effective Jan. 3, 2012, state and local educational authorities, and federal agencies headed by officials listed in Section 99.31(a)(3) with written agreements in place prior to Jan. 3, 2012, must comply with the existing requirement in Section

99.35(a)(3) to use written agreements to designate any authorized representatives, other than employees, only upon any renewal of or amendment to the written agreement with such authorized representative

PDF | Text

The Secretary of Education amends the regulations implementing Section 444 of the

General Education Provisions Act, commonly referred to as the Family Educational

Rights and Privacy Act (FERPA). These amendments are to ensure that the U.S.

Department of Education continues to implement the FERPA in a way that protects the privacy of education records while allowing for the effective use of data.

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ENVIRONMENT, ENERGY & RESOURCES:

ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

Approval and promulgation of air quality implementation plans, West Virginia and

Ohio, determinations of attainment of the 1997 annual fine particle standard for the

Parkersburg-Marietta and Wheeling nonattainment areas: Final rule, published Dec.

2, 2011, effective Jan. 3, 2012

Text

The Environmental Protection Agency determines that the Parkersburg-Marietta,

West Virginia-Ohio (WV-OH) fine particle (PM2.5) nonattainment area and the

Wheeling, WV-OH PM2.5 nonattainment area have attained the 1997 annual PM2.5

National Ambient Air Quality Standard by their applicable attainment date of April 5,

2010.

Approval and promulgation of air quality implementation plans, Louisiana, revisions to control volatile organic compound emissions for surface coatings and graphic arts:

Final rule, published Dec. 2, 2011, effective Jan. 3, 2012

Text

The Environmental Protection Agency approves State Implementation Plan (SIP) revisions for control of volatile organic compounds adopted by Louisiana June 20,

2009 and Aug. 20, 2010, and submitted to the EPA Aug. 31, 2010. The EPA also approves, by parallel processing, a SIP revision for control of emission of organic compounds proposed by Louisiana Jan. 10, 2011 and adopted April 20, 2011.

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NATIONAL SECURITY:

DEFENSE (DoD)

NEWLY PUBLISHED REGULATIONS

U.S. ARMY CORPS OF ENGINEERS (USACE)

Restricted areas and danger zones at Eglin Air Force Base, Florida: Final rule, published Dec. 2, 2011, effective Jan. 3, 2012

Text

The U.S. Army Corps of Engineers updates and revises several existing danger zone and restricted area descriptions and restrictions, removes one existing restricted area and establishes four new restricted areas within the Eglin Air Force Base facilities and along the base’s shoreline in Florida.

PROPOSED REGULATIONS

U.S. ARMY CORPS OF ENGINEERS (USACE)

U.S. Navy restricted area, Supervisor of Shipbuilding Bath Maine Detachment Mobile at AUSTAL USA, Mobile, Alabama: Notice of proposed rulemaking, published Dec. 2,

2011, written comments by Jan. 3, 2012

Text

The U.S. Army Corps of Engineers proposes to amend an existing restricted area to reflect changes in responsible parties for the restricted area around the AUSTAL USA shipbuilding facility in Mobile, Ala. The Supervisor of Shipbuilding, Conversion and

Repair, U.S. Navy, Gulf Coast assumed the duties of administering new construction contracts at AUSTAL USA in Mobile, Ala., Oct. 9, 2011, replacing Supervisor of

Shipbuilding, Conversion, and Repair, USN, Bath. The Department of the Navy requested an amendment to the regulation to reflect the change in responsible parties. There are no other changes proposed for this restricted area.

DEFENSE ACQUISITION REGULATIONS SYSTEM (DARS)

Defense Federal Acquisition Regulation Supplement, Proposal Adequacy Checklist:

Proposed rule, published Dec. 2, 2011, comments by Jan. 31, 2012

Text

The Defense Acquisition Regulations System, Department of Defense, proposes to amend the Defense Federal Acquisition Regulation Supplement to incorporate a proposal adequacy checklist for proposals in response to solicitations that require submission of certified cost or pricing data.

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HOMELAND SECURITY (DHS)

NEWLY PUBLISHED REGULATIONS

COAST GUARD (USCG)

Safety zone, container crane relocation, Cooper and Wando Rivers, Charleston,

South Carolina: Temporary final rule, published Dec. 2, 2011, effective 9 a.m. to 2 p.m. Dec. 5, 2011, enforced 9 a.m. to 2 p.m. Dec. 5, 2011

Text

The U.S. Coast Guard establishes a 100 yard temporary moving safety zone around a barge transporting two container cranes on the Cooper and Wando Rivers during their relocation from berth 3 at Columbus Street Terminal to berth 1 at Wando Welch

Terminal in Charleston, S.C.

PROPOSED REGULATIONS

COAST GUARD (USCG)

Drawbridge operation regulation, Gulf Intracoastal Waterway (Algiers Alternate

Route), Belle Chasse, Louisiana: Notice of proposed rulemaking, published Dec. 2,

2011, comments by Jan. 31, 2012

Text

The U.S. Coast Guard proposes to change the regulation for the operation of the SR

23 Bridge across the Gulf Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle Chasse, Plaquemines Parish, La., due to increased vehicular traffic.

Louisiana requested a change to the operation schedule, to allow the bridge to open only on the hour during the day from Monday through Friday, while maintaining morning and afternoon maritime restrictions.

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TRANSPORTATION

TRANSPORTATION (DOT)

NEWLY PUBLISHED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Quest Aircraft Design, LLC airplanes: Final rule, request for comments, published Dec. 2, 2011, effective Dec. 19, 2011, comments by Jan. 17,

2012

Text

PURPOSE: This airworthiness directive (AD) was prompted by five instances where a loose IPS bolt was found on the right-hand side of the engine bypass door attachment in certain Quest Aircraft Design, LLC (Quest) Model Kodiak 100 airplanes.

This condition, if not corrected, could lead to an inoperable bypass door, which could result in engine inlet icing with consequent loss of engine power and forced landing.

SUMMARY: The Federal Aviation Administration adopts a new AD for certain Quest

Model Kodiak 100 airplanes. This AD requires you to inspect the torque of the inertial

particle separator (IPS) bolts; correct the torque, if necessary; replace the IPS bolts with new IPS bolts within a certain time; and install safety wire around the new IPS bolts.

Amendment of Class E airspace, Olathe, Kansas: Final rule, published Dec. 2, 2011, effective 0901 UTC Feb. 9, 2012

Text

The Federal Aviation Administration removes Class E airspace designated as an extension to Class D, and amends Class E airspace for Olathe, Kan., because the

Johnson County VHF Omnidirectional Range/Distance Measuring Equipment at

Johnson County Executive Airport is being decommissioned.

Amendment of Class E airspace, Mercury, Nevada: Final rule, published Dec. 2,

2011, effective 0901 UTC Feb. 9, 2012

Text

The Federal Aviation Administration amends Class E airspace at Mercury, Desert

Rock Airport, Mercury, Nev., because the Mercury Non-Directional Beacon at

Mercury, Desert Rock Airport is being decommissioned. This action also makes a minor adjustment to the geographic coordinates in the regulatory text.

Amendment of Class E airspace, Centerville, Iowa: Final rule, published Dec. 2,

2011, effective 0901 UTC Feb. 9, 2012

Text

The Federal Aviation Administration amends Class E airspace for Centerville, Iowa, because the Centerville non-directional beacon has been decommissioned and the

NDB approach is cancelled at Centerville Municipal Airport, as well as the addition of a new COPTER area navigation SIAP at Mercy Medical Center-Centerville Heliport.

Amendment of Class E airspace, Emmonak, Alaska: Final rule, published Dec. 2,

2011, effective 0901 UTC Feb. 9, 2012

Text

The Federal Aviation Administration modifies Class E airspace at Emmonak, Alaska, because two standard instrument approach procedures at the Emmonak Airport have been revised.

Certification of Part 23 turbofan- and turbojet-powered airplanes and miscellaneous amendments: Final rule, published Dec. 2, 2011, effective Jan. 31, 2012

PDF | Text

Federal Aviation Administration amends the applicable standards for Part 23 turbofan- and turbojet-powered airplanes (part 23 jets) as well as turbopropellerdriven and reciprocating-engine airplanes, to reflect the current needs of industry, accommodate future trends, address emerging technologies, and provide for future airplane operations. This action is to eliminate the current workload of processing exemptions, special conditions, and equivalent level of safety findings necessary to certificate jets. The effect of the changes will: Enhance safety by requiring additional battery endurance requirements; increase the climb gradient performance for certain part 23 airplanes; standardize and simplify the certification of jets; clarify areas of frequent non-standardization and misinterpretation, particularly for electronic

equipment and system certification; and codify existing certification requirements in special conditions for part 23 jets that incorporate new technologies.

Establishment of Class D and E airspace, Frederick, Maryland: Final rule, published

Dec. 2, 2011, effective 0901 UTC Feb. 9, 2012

Text

The Federal Aviation Administration establishes Class D and E airspace at Frederick,

Md., to accommodate new Area Navigation Global Positioning System Standard

Instrument Approach Procedures at Frederick Municipal Airport.

Fatigue tolerance evaluation of metallic structures: Final rule, published Dec. 2,

2011, effective Jan. 31, 2012

PDF | Text

The Federal Aviation Administration amends the airworthiness standards for fatigue tolerance evaluation (FTE) of transport category rotorcraft metallic structures. This revises the FTE safety requirements to address advances in structural fatigue substantiation technology for metallic structures. This provides an increased level of safety by avoiding or reducing the likelihood of the catastrophic fatigue failure of a metallic structure. These increased safety requirements will help ensure that should serious accidental damage occur during manufacturing or within the operational life of the rotorcraft, the remaining structure could withstand, without failure, any fatigue loads that are likely to occur, until the damage is detected or the part is replaced. Besides improving the safety standards for FTE of all principal structural elements, the amendment is harmonized with international standards.

Establishment of Class E airspace, Stuart, Iowa: Final rule, published Dec. 2, 2011, effective 0901 UTC Feb. 9, 2012

Text

The Federal Aviation Administration establishes Class E airspace for Stuart, Iowa, to accommodate new COPTER area navigation Standard Instrument Approach

Procedures at the City of Stuart Helistop.

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VETERANS:

VETERANS (VA)

NEWLY PUBLISHED REGULATIONS

Servicemembers' Group Life Insurance Traumatic Injury Protection Programgenitourinary losses: Interim final rule, published Dec. 2, 2011, effective Dec. 2,

2011, comments by Jan. 31, 2012, applicable to injuries incurred on or after Oct. 7,

2001

Text

The Department of Veterans Affairs amends the regulations for Servicemembers'

Group Life Insurance Traumatic Injury Protection (TSGLI) program to expand the list of losses for which TSGLI payments can be made.

PROPOSED REGULATIONS

Servicemembers' Group Life Insurance Traumatic Injury Protection Program, autopsies at VA expense: Proposed rule, published Dec. 2, 2011, comments by Jan.

31, 2012

Text

The Department of Veterans Affairs proposes to amend its regulation for the performance of autopsies on veterans.

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