COURTHOUSE NEWS SERVICE
Federal Regulation Brief
April 11, 2011
AGRICULTURE:
AGRICULTURE (USDA)
NEWLY PUBLISHED REGULATIONS
COMMODITY CREDIT CORPORATION (CCC)
Conservation Program recipient reporting: Final rule, published April 8, 2011,
effective April 8, 2011
[TEXT]
The Office of Management and Budget (OMB) issued regulatory guidance to agencies
to establish requirements for federal financial assistance applicants, recipients, and
sub-recipients necessary for the implementation of the Federal Funding
Accountability and Transparency Act (the Transparency Act). The OMB's regulations
require agencies that make awards of federal financial assistance subject to the
Transparency Act to include the requirements identified in each regulation that has
application or plan due dates after Oct. 1, 2010. The Watershed Operations and
Flood Prevention Program, Emergency Watersheds Protection Program, Healthy
Forests Reserve Program, Agricultural Management Assistance Program, and the
Conservation Stewardship Program have application or plan due dates after Oct. 1,
2010, and therefore, the Natural Resources Conservation Service incorporates the
Transparency Act's recipient registration and reporting requirements into these
programs' regulations. These changes, the terms of which are not subject to agency
discretion, are mandatory.
------------------------------NATURAL RESOURCES CONSERVATION SERVICE (NRCS)
Conservation Program recipient reporting: Final rule, published April 8, 2011,
effective April 8, 2011
[TEXT]
The Office of Management and Budget (OMB) issued regulatory guidance to agencies
to establish requirements for federal financial assistance applicants, recipients, and
sub-recipients necessary for the implementation of the Federal Funding
Accountability and Transparency Act (the Transparency Act). The OMB's regulations
require agencies that make awards of federal financial assistance subject to the
Transparency Act to include the requirements identified in each regulation that has
application or plan due dates after Oct. 1, 2010. The Watershed Operations and
Flood Prevention Program, Emergency Watersheds Protection Program, Healthy
Forests Reserve Program, Agricultural Management Assistance Program, and the
Conservation Stewardship Program have application or plan due dates after Oct. 1,
2010, and therefore, the Natural Resources Conservation Service incorporates the
Transparency Act's recipient registration and reporting requirements into these
programs' regulations. These changes, the terms of which are not subject to agency
discretion, are mandatory.
PROPOSED REGULATIONS
COMMODITY CREDIT CORPORATION (CCC)
Tobacco Transition Payment Program, cigar and cigarette per unit assessments,
correction: Proposed rule, correction, published April 8, 2011, comments by May 23,
2011
[TEXT]
The Commodity Credit Corporation and the Farm Service Agency correct the Request
for Comments titled “Tobacco Transition Payment Program; Cigar and Cigarette Per
Unit Assessments,” published March 22, 2011, containing an inaccurate statement
about the possible consequences of an alternative assessment methodology.
---------------------------------------------COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Pacific halibut fisheries, limited access for guided sport charter vessels in Alaska:
Final rule, interpretation, published April 8, 2011, effective April 8, 2011
[TEXT]
The National Marine Fisheries Service clarifies regulations that apply to vessels
operating in the guided sport (charter) fishery for halibut in International Pacific
Halibut Commission Management Area 2C (Southeast Alaska) and Area 3A (Central
Gulf of Alaska). Under regulations implementing the charter halibut limited access
program, all vessel operators in Area 2C and Area 3A with charter vessel anglers on
board catching and retaining halibut must have a valid charter halibut permit issued
by the agency on board the vessel. This interpretation clarifies that a valid charter
halibut permit must be on board a vessel when the charter vessel guide on board is
being compensated to provide assistance to persons catching and retaining halibut. A
charter vessel guide is not required to have a charter halibut permit on board a
vessel during a recreational halibut fishing trip on which he or she is not
compensated to provide assistance to persons catching and retaining halibut.
---------------------------------------------FEDERAL TRADE COMMISSION (FTC)
NEWLY PUBLISHED REGULATIONS
Automotive fuel ratings certification and posting: Final rule, published April 8, 2011,
effective May 31, 2011
[TEXT]
The Federal Trade Commission issues final amendments to its Rule for Automotive
Fuel Ratings, Certification and Posting by allowing an alternative octane rating
method and making other miscellaneous revisions. The agency declines to issue final
ethanol labeling amendments at this time.
---------------------------------------------EDUCATION
EDUCATION (USDE)
PROPOSED REGULATIONS
Family educational rights and privacy: Notice of proposed rulemaking, published April
8, 2011, comments by May 23, 2011
[TEXT]
The Secretary of the Department of Education proposes to amend the regulations
implementing a section of the Family Educational Rights and Privacy Act, to ensure
that the agency's implementation of the act continues to protect the privacy of
education records, while allowing authorized representatives of state and local
educational authorities, and organizations conducting studies, use of the data in
statewide longitudinal data systems to evaluate education programs, to build on
what works and discard what does not, to increase accountability and transparency,
and to contribute to a culture of innovation and continuous improvement in
education.
---------------------------------------------ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Clean alternative fuel vehicle and engine conversions: Final rule, published April 8,
2011, effective April 8, 2011
[TEXT] [PDF]
The Environmental Protection streamlines the process by which manufacturers of
clean alternative fuel conversion systems may demonstrate compliance with vehicle
and engine emissions requirements. Specifically, the EPA revises the regulatory
criteria for gaining an exemption from the Clean Air Act prohibition against
tampering for the conversion of vehicles and engines to operate on a clean
alternative fuel. This final rule creates additional compliance options beyond
certification that protect manufacturers of clean alternative fuel conversion systems
against a tampering violation, depending on the age of the vehicle or engine to be
converted. The new options alleviate some economic and procedural impediments to
clean alternative fuel conversions.
Pesticide tolerances, glyphosate (N–(phosphonomethyl)glycine): Final rule, published
April 8, 2011, effective April 8, 2011, objections and requests for hearings by June 7,
2011
[TEXT]
The Environmental Protection Agency replaces the established tolerance for residues
of glyphosate in or on sweet corn, grain with corn, sweet, kernel plus cob with husk
removed and reduces the established tolerance for residues of glyphosate and Nacetyl-glyphosate in or on poultry, meat. Monsanto Company requested these
tolerances. A tolerance is the amount of a toxin legally allowed on produce.
PROPOSED REGULATIONS
Approval and promulgation of implementation plans, Texas, System Cap Trading
Program: Withdrawal of proposed rule as of April 8, 2011, published April 8, 2011
[TEXT]
On Nov. 18, 2010, the Environmental Protection Agency published a proposed rule to
disapprove severable parts of two revisions to the Texas State Implementation Plan
(SIP) submitted by the state of Texas May 1, 2001, and Aug. 16, 2007, that create
and amend the System Cap Trading (SCT) Program at Title 30 Texas Administrative
Code, Chapter 101--General Air Quality, Subchapter H--Emissions Banking and
Trading, Division 5, sections 101.380, 101.382, 101.383, and 101.385. The EPA
proposed disapproval because the SCT Program lacks several necessary components
for emissions trading programs as outlined in the EPA's Economic Incentive Program
Guidance. Subsequent to its proposed disapproval, the EPA received a letter dated
March 4, 2011, from the Texas Commission on Environmental Quality stating that
the May 1, 2001, and Aug.16, 2007, SCT Program SIP submissions have been
withdrawn from the EPA’s consideration as revisions to the Texas SIP. Therefore, the
EPA withdraws its proposed disapproval and finds that no further action is necessary
on the SCT Program. The state's action also withdraws from the EPA's review the
SCT Program component of the Jan. 22, 2010 Consent Decree between the EPA and
the BCCA Appeal Group, Texas Association of Business, and Texas Oil and Gas
Association.
---------------------------------------------DEPARTMENT OF THE INTERIOR (DOI)
PROPOSED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
Migratory bird hunting; proposed 2011-12 migratory game bird hunting regulations
(preliminary) with requests for Indian tribal proposals and requests for 2013 spring
and summer migratory bird subsistence harvest proposals in Alaska: Proposed rule,
availability of supplemental information, published April 8, 2011, comment dates
complex
[TEXT] [PDF]
The U.S. Fish and Wildlife Service proposes to establish annual hunting regulations
for certain migratory game birds for the 2011-12 hunting season. The agency
annually prescribes outside limits (frameworks) within which states may select
hunting seasons. This proposed rule provides the regulatory schedule, describes the
proposed regulatory alternatives for the 2011-12 duck hunting seasons, requests
proposals from Indian tribes that wish to establish special migratory game bird
hunting regulations on federal Indian reservations and ceded lands, and requests
proposals for the 2013 spring and summer migratory bird subsistence season in
Alaska. Migratory game bird hunting seasons, according to the agency, provide
opportunities for recreation and sustenance; aid federal, state, and tribal
governments in the management of migratory game birds; and permit harvests at
levels compatible with migratory game bird population status and habitat conditions.
---------------------------------------------GOVERNMENT:
PRESIDENTIAL DOCUMENTS
EXECUTIVE ORDERS
Amending Executive Orders 12824, 12835, 12859, and 13532, President's Advisory
Council on Faith-Based and Neighborhood Partnerships, Reestablishment Pursuant to
Executive Order 13498; and Revoking Executive Order 13507 (EO 13569): Published
April 8, 2011
[TEXT]
Amendments to Executive Orders 12824, 12835, 12859, and 13532,
Reestablishment Pursuant to Executive Order 13498, and Revocation of Executive
Order 13507
President Obama orders the following with regard to Executive Orders:
Section 1. Executive Order 12824, of December 7, 1992 (“Establishing the
Transportation Distinguished Service Medal”), as amended, is hereby further
amended by striking “a member of the Coast Guard” in section 1 and inserting in lieu
thereof “any member of the Armed Forces of the United States”.
Sec. 2. Executive Order 12835 of January 25, 1993 (“Establishment of the National
Economic Council”), as amended, is hereby further amended by striking “(o)
Assistant to the President for Energy and Climate Change;” in section 2 and inserting
in lieu thereof “(o) Chair of the Council on Environmental Quality;”.
Sec. 3. Executive Order 12859 of August 16, 1993 (“Establishment of the Domestic
Policy Council”), as amended, is hereby further amended by striking “(v) Assistant to
the President for Energy and Climate Change;” in section 2 and inserting in lieu
thereof “(v) Chair of the Council on Environmental Quality;”.
Sec. 4. Executive Order 13532 of February 26, 2010 (“Promoting Excellence,
Innovation, and Sustainability at Historically Black Colleges and Universities”), is
hereby amended by striking “34 C.F.R. 602.8” in section 4(a) and inserting in lieu
thereof “34 C.F.R. 608.2”.
Sec. 5. The President's Advisory Council on Faith-Based and Neighborhood
Partnerships, as set forth under the provisions of Executive Order 13498 of February
5, 2009, is hereby reestablished and shall terminate 2 years from the date of this
order unless extended by the President.
Sec. 6. Executive Order 13507 of April 8, 2009 (“Establishment of the White House
Office of Health Reform”), is hereby revoked.
Sec. 7. This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities, its officers, employees, or
agents, or any other person.
ADMINISTRATIVE ORDERS
Defense and National Security, Unified Command Plan 2011 (Memorandum of April
6, 2011): Published April 8, 2011
[TEXT]
Memorandum for the Secretary of Defense
As Commander in Chief, President Obama orders the implementation of the revised
Unified Command Plan.
Somalia, Continuation of National Emergency (Notice of April 7, 2011): Published
April 8, 2011
[TEXT]
President Obama extends Executive Order 13536, issued April 12, 2010, creating a
state of emergency regarding Somalia, for one year because the situation in Somalia
continues to pose an unusual and extraordinary threat to the national security and
foreign policy of the United States.
---------------------------------------------NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Safety zones, repair of high voltage transmission lines to Logan International Airport,
Saugus River, Saugus, Massachusetts: Final rule, published April 8, 2011, effective
May 9, 2011 to Oct. 5, 2011, during a consecutive 48 hour period to begin each day
at 9 a.m. and end at 2 p.m.
[TEXT]
The Coast Guard establishes a temporary safety zone on the Saugus River, Lynn,
Mass., within the Captain of the Port (COTP) Boston Zone to allow for repair of high
voltage transmission lines to Logan Airport. This safety zone is required to provide
for the safety of life on navigable waters during the repair of high voltage
transmission lines. Entering into, traveling through, mooring or anchoring within this
zone is prohibited unless authorized by the COTP.
---------------------------------------------SOCIAL SECURITY:
SOCIAL SECURITY (SSA)
NEWLY PUBLISHED REGULATIONS
Revised medical criteria for evaluating endocrine disorders: Final rules, published
April 8, 2011, effective June 7, 2011
[TEXT]
The Social Security Administration revises the criteria in the Listing of Impairments it
uses to evaluate claims under Titles II and XVI of the Social Security Act involving
endocrine disorders in adults and children. The agency states that the revisions
reflect the agency’s adjudicative experience, advances in medical knowledge,
information from medical experts, and comments it received from the public in
response to an advance notice of proposed rulemaking , a notice of proposed
rulemaking, and at an outreach policy conference.
------------------------------------------TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
Classified information, classification/declassification/access, authority to classify
information: Final rule, published April 8, 2011, effective April 8, 2011
[TEXT]
The Office of the Secretary of Transportation delegates various authorities vested in
the Secretary of Transportation by Executive Order 13526 to originally classify
information as SECRET or CONFIDENTIAL to the Administrator of the Federal Aviation
Administration, and to the Assistant Administrator for Security and Hazardous
Materials.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, 328 Support Services GmbH Model 328 100 and –300
airplanes: Notice of proposed rulemaking, published April 8, 2011, comments by May
23, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) would require actions intended
to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for 328
Support Services GmbH Model 328 100 and –300 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:
During maintenance, it has been discovered that at the installation of the
fixation brackets for rudder spring tabs and trim tabs an incorrect installation
of the fixation brackets may have occurred. * * *
If the orientation of the fixation bracket is reversed or upside down the
screws may not reach into the helicoil thread to a sufficient depth.
An incorrect installation, if not detected and corrected, could lead to an inflight failure of the fixation brackets for rudder spring tabs and trim tabs
resulting in and reduced control of the aeroplane.
Airworthiness directives, Airbus Model A300 B4–600, B4–600R, and F4–600R Series,
Model C4 605R Variant F and Model A310 series airplanes: Notice of proposed
rulemaking, published April 8, 2011, comments by May 23, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) would require actions intended
to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
Airbus Model A300 B4–600, B4–600R, and F4–600R Series, Model C4 605R Variant F
and Model A310 series 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:
A specific failure case of the THSA [trimmable horizontal stabilizer
actuator] upper primary attachment, which may result in a loading of the
upper secondary attachment, has been identified by analysis.
Primary load path failure can be caused by bearing migration from the
upper attachment gimbal by failure or loss of a retention bolt.
In case of failure of the THSA upper primary attachment, the THSA upper
secondary attachment would engage. Because the upper attachment
secondary load path can only withstand the loads for a limited period of time,
the condition where it would be engaged could lead, if not detected, to the
failure of the secondary load path, which would likely result in loss of control
of the aeroplane.
Airworthiness directives, Airbus Model A320–214, –232 and –233 airplanes: Notice of
proposed rulemaking, published April 8, 2011, comments by May 23, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) would require actions intended
to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
Airbus Model A320–214, –232 and –233 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:
*****
Results from a design review done by AIRBUS for documentation update
have revealed that, on post-mod 38310 A320 aeroplanes only, in case of
emergency electrical configuration combined with a Green and Yellow
hydraulic system loss, during landing phase (nose landing gear extended),
the roll control would only be provided by the left aileron.
This condition, if not corrected, could lead to an asymmetrical landing
configuration, resulting in reduced control of the aeroplane.
*****
Airworthiness directives, BAE SYSTEMS (Operations) Limited Model 4101 airplanes:
Notice of proposed rulemaking, published April 8, 2011, comments by May 23, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) would require actions intended
to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for ,
BAE SYSTEMS (Operations) Limited Model 4101 airplanes that would supersede an
existing AD. 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:
* * * BAE Systems (Operations) Ltd has issued Revision 33 of the AMM
[airplane maintenance manual] to amend Chapter 05-10-10 by adding one
new Structurally Significant Item (SSI) and increasing the repeat inspection
period on another SSI. Failure to comply with this revision constitutes an
unsafe condition.
The unsafe condition is failure of certain structurally significant items, including the
main landing gear and the nose landing gear, which could result in reduced structural
integrity of the airplane; and fuel vapor ignition sources, which could result in a fuel
tank explosion and consequent loss of the airplane.
Airworthiness directives, Boeing Co. Model 757 airplanes: Notice of proposed
rulemaking, published April 8, 2011, comments by May 23, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) results from a report regarding
Boeing Co. Model 757 airplanes that an AWL required by the existing AD must be
revised. This proposed AD would require actions intended to prevent the potential for
ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or
maintenance actions, which, in combination with flammable fuel vapors, could result
in a fuel tank explosion and consequent loss of the airplane.
SUMMARY: The Federal Aviation Administration proposes to supersede an existing
AD that applies to all Boeing Co. Model 757 airplanes. The existing AD currently
requires revising the Airworthiness Limitations (AWLs) section of the Instructions for
Continued Airworthiness by incorporating new limitations for fuel tank systems to
satisfy Special Federal Aviation Regulation No. 88 requirements. That AD also
requires the initial inspection of certain repetitive AWL inspections to phase-in those
inspections, and repair if necessary. This proposed AD would require actions that
were provided previously as optional actions, and would require a certain initial
inspection to be accomplished for a revised AWL.
Airworthiness directives, Saab AB, Saab Aerosystems Model SAAB 2000 airplanes:
Notice of proposed rulemaking, published April 8, 2011, comments by May 23, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) would require actions intended
to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for Saab
AB, Saab Aerosystems Model SAAB 2000 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:
*****
A report has been received of an incident where one of the two bolts
attaching the actuator mounting bracket to the MLG [main landing gear]
Shock Strut was found loose, leading to failure of the other attachment bolt,
subsequently resulting in failure of the bracket.
This condition, if not detected and corrected, could prevent the MLG to
extend to the full down-and-locked position, possibly resulting in MLG collapse
upon landing or during roll-out, with consequent damage to the aeroplane
and injury to the occupants.
*****
----------------------------------------------