COURTHOUSE NEWS SERVICE
Federal Regulation Brief
June 29, 2011
AGRICULTURE:
AGRICULTURE (USDA)
NEWLY PUBLISHED REGULATIONS
AGRICULTURAL MARKETING SERVICE (AMS)
Changes in late payment and interest requirements on past due assessments, Vidalia
onions grown in Georgia: Final rule, published June 28, 2011, effective June 29,
2011
[TEXT]
The Agricultural Marketing Service changes the delinquent assessment requirements
in effect under the marketing order for Vidalia onions grown in Georgia. This rule
establishes a late payment charge of 10 percent on unpaid assessments that are 10
days past due and increases the interest rate applied to delinquent assessments
from 1 percent to 1.5 percent per month. This action is to improve handler
compliance with the assessment and reporting provisions of the order and help
reduce the Committee's collection expenditures.
Grapes grown in a designated area of southeastern California, Section 610 review:
Confirmation of regulations, published June 28, 2011
[TEXT]
The Agricultural Marketing Service has concluded there is a continued need for the
marketing order regulating the handling of grapes grown in a designated area of
southeastern California.
---------------------------------------------COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
INDUSTRY AND SECURITY BUREAU (BIS)
Entity List, addition of parties acting contrary to national security or foreign policy
interests of the United States: Final rule, published June 28, 2011, effective June 28,
2011
[TEXT]
The Bureau of Industry and Security amends the Export Administration Regulations
by adding eight parties to the Entity List on the basis of Section 744.11 of the Export
Administration Regulations. Those added to the Entity List have been determined by
the U.S. government to be acting contrary to the national security or foreign policy
interests of the United States. These eight parties are listed under the following three
destinations on the Entity List: France, Iran and the United Arab Emirates.
Revisions to Validated End-User Authorizations, CSMC Technologies Corp., People’s
Republic of China: Final rule, published June 28, 2011, effective June 28, 2011
[TEXT]
The Bureau of Industry and Security amends the Export Administration Regulations
to revise the validated end-user authorization for CSMC Technologies Corporation in
the People’s Republic of China by adding an item to the list of items that may be
exported, re-exported or transferred (in-country) to the CSMC’s eligible destinations
under Authorization Validated End-User.
PROPOSED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Atlantic highly migratory species, electronic dealer reporting requirements, public
hearings: Proposed rule, notice of public hearings, published June 28, 2011, written
comments by Aug. 12, 2011, eight public hearings to be held in July 2011
[TEXT]
The National Marine Fisheries Service proposes to require that federal Atlantic
swordfish, shark and tuna dealers report commercially harvested Atlantic sharks,
swordfish and bigeye, albacore, yellowfin and skipjack (BAYS) tunas to the agency
through an electronic reporting system.
Fisheries of the exclusive economic zone off Alaska, Pacific cod allocations in the Gulf
of Alaska, Amendment 83: Notification of availability of fishery management plan
amendment, published June 28, 2011, comments by Aug. 29, 2011
[TEXT]
The North Pacific Fishery Management Council submitted Amendment 83 to the
fishery management plan for groundfish of the Gulf of Alaska to the National Marine
Fisheries Service for review. If approved, Amendment 83 would establish Pacific cod
allocations in the Central and Western Gulf of Alaska regulatory areas.
Fisheries off west coast states, coastal pelagic species fisheries, Amendment 13 to
the coastal pelagic species fishery management plan, annual catch limits: Proposed
rule, published June 28, 2011, comments by July 28, 2011
[TEXT]
The National Marine Fisheries Service proposes to implement Amendment 13 to the
coastal pelagic species fishery management plan. This proposed rule would
implement parts of proposed Amendment 13 to the fishery management plan to
ensure it is consistent with advisory guidelines published in federal regulations.
List of Fisheries for 2012: Proposed rule, published June 28, 2011, comments by July
28, 2011
[TEXT] [PDF]
The National Marine Fisheries Service publishes its proposed List of Fisheries (LOF)
for 2012, as required by the Marine Mammal Protection Act (MMPA). The proposed
LOF for 2012 reflects new information on interactions between commercial fisheries
and marine mammals. The agency must classify each commercial fishery on the LOF
into one of three categories under the MMPA based upon the level of serious injury
and mortality of marine mammals that occurs incidental to each fishery. The
classification of a fishery in the LOF determines whether participants in that fishery
are subject to certain provisions of the MMPA, such as registration, observer
coverage and take reduction plan requirements.
------------------------------------------COMMUNICATION (FCC)
NEWLY PUBLISHED REGULATIONS
Amendment of Schedule of Application Fees: Final rule, published June 28, 2011,
effective June 28, 2011
[TEXT]
The Federal Communications Commission clarifies that winning bidders in auctions of
commercial broadcast spectrum are required to submit an application filing fee with
their post-auction long-form applications. This clarification is to rectify a possible
inconsistency throughout the agency’s rules, and in an earlier agency order.
------------------------------------------CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
NEWLY PUBLISHED REGULATIONS
Substantial product hazard list, hand-supported hair dryers: Final rule, published
June 28, 2011, effective July 28, 2011
[TEXT]
The Consumer Product Safety Improvement Act authorizes the U.S. Consumer
Product Safety Commission to specify, by rule, for any consumer product or class of
consumer products, characteristics whose existence or absence will be deemed a
substantial product hazard under certain circumstances. The agency issues a final
rule to determine that any hand-supported hair dryer without integral immersion
protection presents a substantial product hazard.
------------------------------------------POSTAL SERVICE (USPS)
NEWLY PUBLISHED REGULATIONS
Combined mailings of Standard Mail and Periodicals flats: Final rule, published June
28, 2011, effective Jan. 22, 2012
[TEXT]
The U.S. Postal Service revises the Mailing Standards of the U.S. Postal Service,
Domestic Mail Manual to provide a new option for mailers to combine Standard Mail
flats and Periodicals flats within the same bundle, when placed on pallets, and to
combine bundles of Standard Mail flats and bundles of Periodicals flats on the same
pallet.
Rules of practice before Postal Service Board of Contract Appeals: Final rule,
published June 28, 2011, effective July 28, 2011
[TEXT]
The U.S. Postal Service revises parts of the rules of practice before the Postal Service
Board of Contract Appeals to clarify existing procedures, and to modify certain
citations to reflect a change in statutory codification.
---------------------------------------------EMPLOYMENT
LABOR (DOL)
NEWLY PUBLISHED REGULATIONS
WORKERS COMPENSATION PROGRAMS OFFICE (OWCP)
Performance of functions, claims for compensation under the federal Employees'
Compensation Act, compensation for disability and death of noncitizen federal
employees outside the United States: Final Rule, published June 28, 2011, effective
Aug. 29, 2011
[TEXT]
The Department of Labor adopts as final, with changes, proposed revisions to the
regulations for the administration of the Federal Employees' Compensation Act. The
act provides benefits to all civilian federal employees and certain other groups of
employees and individuals who are injured or killed while performing their jobs. At
that time, the DOL also proposed revisions to the regulations establishing the
authority of the Office of Workers' Compensation Programs which administers the
act.
PROPOSED REGULATIONS
EMPLOYMENT AND TRAINING ADMINISTRATION (ETA)
Wage Methodology for Temporary Non-agricultural Employment H–2B Program,
amendment of effective date: Proposed rule, request for comments, published June
28, 2011, written comments by July 8, 2011
[TEXT]
The Department of Labor proposes to amend the effective date of Wage Methodology
for the Temporary Non-agricultural Employment H-2B Program (the Wage Rule) to
read “This final rule is effective 60 days from the date of publication of the final rule
resulting from this rulemaking.''
-------------------------------
---------------ENVIRONMENT, ENERGY & RESOURCES:
ENERGY (DOE)
PROPOSED REGULATIONS
Energy Conservation Program for consumer products and certain commercial and
industrial equipment, determination of commercial and industrial fans, blowers, and
fume hoods as covered equipment: Notice of proposed determination of coverage,
published June 28, 2011, written comments, data, and information by July 28, 2011
[TEXT]
The U.S. Department of Energy proposes to determine that commercial and
industrial fans, blowers, and fume hoods meet the criteria for covered equipment
under Part A-1 of Title III of the Energy Policy and Conservation Act.
---------------------------------------------ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Standards of performance for stationary compression ignition and spark ignition
internal combustion engines: Final rule, published June 28, 2011, effective Aug. 29,
2011
[TEXT]
The Environmental Protection Agency finalizes revisions to the standards of
performance for new stationary compression ignition internal combustion engines
under the Clean Air Act.
PROPOSED REGULATIONS
Regulation of fuels and fuel additives, 2012 renewable fuel standards, public hearing:
Announcement of public hearing, published June 28, 2011, public hearing July 12,
2011 at 9 a.m. in Washington D.C., requests to testify by July 1, 2011
[TEXT]
The Environmental Protection Agency announces a public hearing to be held for the
proposed rule “Regulation of Fuels and Fuel Additives: 2012 Renewable Fuel
Standards,” which the EPA intends to publish separately in the Federal Register at a
future date.
---------------------------------------------DEPARTMENT OF THE INTERIOR (DOI)
NEWLY PUBLISHED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
Endangered and threatened wildlife and plants, designation of critical habitat for
Tumbling Creek cavesnail: Final rule, published June 28, 2011, effective July 28,
2011
[TEXT]
The U.S. Fish and Wildlife Service designates critical habitat for the Tumbling Creek
cavesnail (Antrobia culveri), under the Endangered Species Act, of approximately 25
acres in Taney County, Missouri.
PROPOSED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
Endangered and threatened wildlife and plants, 12-month finding on a petition to list
Castanea pumila var. ozarkensis as threatened or endangered: Notice of 12-month
petition finding, published June 28, 2011, finding made June 28, 2011
[TEXT]
After a 12-month review, the U.S. Fish and Wildlife Service announces that the
petition to list Castanea pumila var. ozarkensis (Ozark chinquapin), a tree, as
threatened or endangered under the Endangered Species Act is not warranted at this
time. However, we ask the public to submit to us any new information that becomes
available concerning the threats to Ozark chinquapin or its habitat at any time.
---------------------------------------------HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
PROPOSED REGULATIONS
FOOD AND DRUG ADMINISTRATION (FDA)
Filing of color additive petitions, CooperVision, Inc.: Notice of petitions, published
June 28, 2011
[TEXT]
The Food and Drug Administration announces that CooperVision, Inc., has filed two
petitions proposing that the color additive regulations be amended to provide for the
safe use of 1,4-bis[4-(2-methacryloxyethyl)phenlyamino] anthraquinone (C.I.
Reactive Blue 246) and 1,4-bis[(2-hydroxyethyl)amino]-9,10-anthracenedione bis(2methyl-2-propenoic)ester (C.I. Reactive Blue 247). The color additives are intended
to be copolymerized with various monomers for use as colored contact lens
materials.
---------------------------------------------MONEY:
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)
NEWLY PUBLISHED REGULATIONS
Risk-based capital standards, Advanced Capital Adequacy Framework Basel II,
establishment of risk-based capital floor: Final rule, published June 28, 2011,
effective July 28, 2011
[TEXT]
The Office of the Comptroller of the Currency, the Board of Governors of the Federal
Reserve System, and the Federal Deposit Insurance Corporation amend the
advanced risk-based capital adequacy standards in a manner consistent with certain
provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and
the general risk-based capital rules to provide limited flexibility consistent with
Section 171(b) of the Act for recognizing the relative risk of certain assets generally
not held by depository institutions.
---------------------------------------------FEDERAL RESERVE SYSTEM (FRS)
NEWLY PUBLISHED REGULATIONS
Risk-based capital standards, Advanced Capital Adequacy Framework Basel II,
establishment of risk-based capital floor: Final rule, published June 28, 2011,
effective July 28, 2011
[TEXT]
The Office of the Comptroller of the Currency, the Board of Governors of the Federal
Reserve System, and the Federal Deposit Insurance Corporation amend the
advanced risk-based capital adequacy standards in a manner consistent with certain
provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and
the general risk-based capital rules to provide limited flexibility consistent with
Section 171(b) of the Act for recognizing the relative risk of certain assets generally
not held by depository institutions.
---------------------------------------------TREASURY (USDT)
NEWLY PUBLISHED REGULATIONS
COMPTROLLER OF THE CURRENCY (OCC)
Risk-based capital standards, Advanced Capital Adequacy Framework Basel II,
establishment of risk-based capital floor: Final rule, published June 28, 2011,
effective July 28, 2011
[TEXT]
The Office of the Comptroller of the Currency, the Board of Governors of the Federal
Reserve System, and the Federal Deposit Insurance Corporation amend the
advanced risk-based capital adequacy standards in a manner consistent with certain
provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and
the general risk-based capital rules to provide limited flexibility consistent with
Section 171(b) of the Act for recognizing the relative risk of certain assets generally
not held by depository institutions.
----------------
------------------------------NATIONAL SECURITY:
DEFENSE (DoD)
PROPOSED REGULATIONS
Federal Acquisition Regulations, Documenting Contractor Performance: Proposed
rule, published June 28, 2011, written comments by Aug. 29, 2011
[TEXT]
The Department of Defense, the General Services Administration and the National
Aeronautics and Space Administration propose to amend the Federal Acquisition
Regulation to provide government-wide standardized past performance evaluation
factors and performance ratings, and to require all past performance information be
entered into the Contractor Performance Assessment Reporting System, the
government-wide past performance feeder system.
---------------------------------------------HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Safety zone, 4th of July Festival Berkeley Marina fireworks display Berkeley,
California: Temporary final rule, published June 28, 2011, effective 12 p.m. to 9:55
p.m. July 4, 2011
[TEXT]
The U.S. Coast Guard establishes a temporary safety zone in certain waters of San
Francisco Bay, off of the Berkeley Pier, Berkeley, Calif., for the Berkeley Marina 4th
of July Festival fireworks display.
Safety zone, Delta Independence Day Foundation celebration, Mandeville Island,
California: Temporary final rule, published June 28, 2011, effective 10 a.m. July 3 to
10 p.m. July 4, 2011
[TEXT]
The U.S. Coast Guard establishes a temporary safety zone in certain waters off the
north eastern shoreline of Mandeville Island, Calif., for the Delta Independence Day
Fireworks Foundation celebration.
Safety zone, Independence Day fireworks celebration for the city of Half Moon Bay,
California: Temporary final rule, published June 28, 2011, effective 11 a.m. to 9:50
p.m. July 4, 2011
[TEXT]
The U.S. Coast Guard establishes a temporary safety zone in certain waters of Half
Moon Bay, off of Pillar Point Harbor beach, Half Moon Bay, Calif., for the Half Moon
Bay Independence Day fireworks celebration.
Safety zone, Independence Day fireworks celebration for the city of Martinez,
California: Temporary final rule, published June 28, 2011, effective 9 a.m. to 9:50
p.m. July 4, 2011
[TEXT]
The U.S. Coast Guard establishes a temporary safety zone in certain waters of the
Carquinez Strait, off of Waterfront Park, Martinez, Calif., for the Independence Day
fireworks celebration for the city of Martinez.
Safety zone, Missouri River from the border between Montana and North Dakota:
Temporary final rule, published June 28, 2011, effective June 28 to 11:59 p.m. CDT
Aug. 30, 2011, unless terminated earlier, effective with actual notice for enforcement
12:01 a.m. CDT June 2, 2011
[TEXT]
The U.S. Coast Guard establishes a temporary safety zone on certain waters of the
Missouri River from the Montana and North Dakota border to the confluence with the
Mississippi River, extending the entire width of the river due to hazards associated
with rising flood water.
Safety zone, northern California annual fireworks events, Fourth of July fireworks,
city of Sausalito, California: Notice of enforcement of regulation, published June 28,
2011, enforced 11 a.m. to 9:30 p.m. July 4, 2011
[TEXT]
The U.S. Coast Guard enforces the annual safety zone for the Sausalito Fourth of
July fireworks.
Safety zone, northern California annual fireworks events, Fourth of July fireworks,
Lake Tahoe, California: Notice of enforcement of regulation, published June 28,
2011, enforced 9 p.m. to 9:30 p.m. July 4, 2011
[TEXT]
The U.S. Coast Guard enforces the annual safety zone for the Fourth of July
fireworks, Lake Tahoe, Calif., off Incline Village in Crystal Bay.
Safety zone, northern California annual fireworks events, Fourth of July fireworks,
South Lake Tahoe Gaming Alliance: Notice of enforcement of regulation, published
June 28, 2011, enforced 9 a.m. July 1 to 10 p.m. July 4, 2011
[TEXT]
The U.S. Coast Guard enforces the safety zone for the annual South Lake Tahoe
Gaming Alliance Lights on the Lake fireworks display.
Safety zone, northern California annual fireworks events, Independence Day
fireworks: Notice of enforcement of regulation, published June 28, 2011, enforced 7
a.m. to 10 p.m. July 3, 2011
[TEXT]
The U.S. Coast Guard enforces the annual Kings Beach 4th of July fireworks safety
zone.
Safety zone, northern California annual fireworks events, July 4th fireworks display:
Notice of enforcement of regulation, published June 28, 2011, enforced 7 a.m. to 10
p.m. July 4, 2011
[TEXT]
The U.S. Coast Guard enforces a safety zone for the annual Tahoe City 4th of July
fireworks display.
PROPOSED REGULATIONS
COAST GUARD (USCG)
Safety zone, Myrtle Beach Triathlon, Atlantic Intracoastal Waterway, Myrtle Beach,
South Carolina: Notice of proposed rulemaking, published June 28, 2011, comments
by Aug. 5, 2011, public meeting requests by July 14, 2011
[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.
Special local regulations and safety zones, recurring events in the Captain of the Port
Boston zone: Notice of proposed rulemaking, published June 28, 2011, comments by
July 28, 2011, public meeting requests by July 5, 2011
[TEXT]
The U.S. Coast Guard proposes to amend special local regulations and to establish
permanent safety zones in the USCG Sector Boston Captain of the Port zone for
annual recurring marine events.
---------------------------------------------TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Lycoming Engines and Teledyne Continental Motors
turbocharged reciprocating engine: Final rule, request for comments, published June
28, 2011, effective July 13, 2011, comments by Aug. 12, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) was prompted by a turbocharger failure
due to machining debris left in the cavities of the center housing and rotating
assembly (CHRA) during manufacture of Lycoming Engines and Teledyne Continental
Motors turbocharged reciprocating engines. This AD requires actions intended to
prevent seizure of the turbocharger turbine, which could result in damage to the
engine, and smoke in the airplane cabin.
SUMMARY: The Federal Aviation Administration adopts a new AD for Lycoming
Engines and Teledyne Continental Motors turbocharged reciprocating engine. This AD
requires inspecting certain Lycoming and TCM reciprocating engines with certain
Hartzell Engine Technologies, LLC turbochargers installed, and disassembly and
cleaning of the turbocharger CHRA cavities of affected turbochargers.
------------------------------PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)
Anticipated delay in administrative appeal decisions: Notice, published June 28, 2011
[TEXT]
The Pipeline and Hazardous Materials Safety Administration advises the public that it
is currently reviewing numerous administrative appeals (i.e., petitions for
reconsideration) on recently issued final rule, and that a delay in processing them is
expected.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Diamond Aircraft Industries GmbH Model (Diamond) DA 40
airplanes equipped with certain cabin air conditioning systems: Notice of proposed
rulemaking, published June 28, 2011, comments by Aug. 12, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) was prompted by reports of
damage around the vapor cycle system (VCS) compressor mounting areas found
during maintenance inspections OF Diamond Aircraft Industries GmbH Model
(Diamond) DA 40 airplanes equipped with certain cabin air conditioning systems.
This proposed AD would require actions intended to remove the VCS mount, which
could result in the air conditioner compressor disconnecting in the engine
compartment. This condition could result in engine stoppage or additional damage to
the engine.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
Diamond DA 40 airplanes equipped with certain cabin air conditioning systems. This
proposed AD would require deactivation and removal of the VCS installed per STC
SA03674AT held by Premier Aircraft Services (originally held by DER Services)
following DER Services Master Document List MDL-2006-020-1, Revision C, dated
Feb. 3, 2009; Revision D, dated April 22, 2009; Revision E, dated May 12, 2010; or
Revision F, dated July 6, 2010. This proposed AD would also require revision to the
airplane weight and balance.
Airworthiness directives, Teledyne Continental Motors and Rolls–Royce Motors Ltd.
series reciprocating engines: Notice of proposed rulemaking, published June 28,
2011, comments by Aug. 12, 2011
[TEXT]
PURPOSE: Since the Federal Aviation Administration issued a previous airworthiness
directive (AD) regarding certain Teledyne Continental Motors and Rolls–Royce Motors
Ltd. (TCM and R-RM) series reciprocating engines, it became aware of an error in the
previous AD applicability in the range of magneto serial numbers (S/Ns) affected,
and of the need to include certain engines made by R-RM, under license of TCM. This
proposed AD would require actions intended to correct the range of S/Ns affected,
require the same replacement and inspections, and would add R-RM C-125, C-145,
O-300, IO-360, TSIO-360, and LTSIO-520-AE series reciprocating engines to the
applicability.
SUMMARY: The FAA proposes to supersede an existing AD that applies to certain
TCM and R-RM series reciprocating engines. The existing AD currently requires
replacement of certain magnetos if they fall within the specified S/N range,
inspection of the removed magneto to verify that the stop pin is still in place, and, if
the stop pin is not in place, inspection of the engine gear train, crankcase, and
accessory case.
----------------------------------------------