COURTHOUSE NEWS SERVICE
Federal Regulation Brief
July 11, 2012
AGRICULTURE:
AGRICULTURE (USDA)
NEWLY PUBLISHED REGULATIONS
FARM SERVICE AGENCY (FSA)
Single Family Housing Guaranteed Loan Program: Final rule, published July 11,
2012, effective July 11, 2012
Text
The Rural Housing Service, the Rural Business-Cooperative Service, the Rural
Utilities Service, and the Farm Service Agency are requiring an annual fee for all loan
obligations in the Single Family Housing Guaranteed Loan Program, to eliminate the
need for taxpayer support of the program at its current loan level. This action
implements authority granted the Secretary of the USDA, to collect from the lender
an annual fee not to exceed 0.5 percent of the outstanding principal balance of the
loan for the life of the loan. The intent is for the new fee, coupled with the existing
one-time up-front guarantee fee, to make the program subsidy neutral.
----------------------------RURAL BUSINESS-COOPERATIVE SERVICE (RBS)
Single Family Housing Guaranteed Loan Program: Final rule, published July 11,
2012, effective July 11, 2012
Text
The Rural Housing Service, the Rural Business-Cooperative Service, the Rural
Utilities Service, and the Farm Service Agency are requiring an annual fee for all loan
obligations in the Single Family Housing Guaranteed Loan Program, to eliminate the
need for taxpayer support of the program at its current loan level. This action
implements authority granted the Secretary of the USDA, to collect from the lender
an annual fee not to exceed 0.5 percent of the outstanding principal balance of the
loan for the life of the loan. The primary intent of the annual fee is to make the loan
program subsidy neutral when used along with the one-time up-front guarantee fee.
----------------------------RURAL HOUSING SERVICE (RHS)
Single Family Housing Guaranteed Loan Program: Final rule, published July 11,
2012, effective July 11, 2012
Text
The Rural Housing Service, the Rural Business-Cooperative Service, the Rural
Utilities Service, and the Farm Service Agency are requiring an annual fee for all loan
obligations in the Single Family Housing Guaranteed Loan Program, to eliminate the
need for taxpayer support of the program at its current loan level. This action
implements authority granted the Secretary of the USDA, to collect from the lender
an annual fee not to exceed 0.5 percent of the outstanding principal balance of the
loan for the life of the loan. The primary intent of the annual fee is to make the loan
program subsidy neutral when used along with the one-time up-front guarantee fee.
----------------------------RURAL UTILITIES SERVICE (RUS)
Single Family Housing Guaranteed Loan Program: Final rule, published July 11,
2012, effective July 11, 2012
Text
The Rural Housing Service, the Rural Business-Cooperative Service, the Rural
Utilities Service, and the Farm Service Agency are requiring an annual fee for all loan
obligations in the Single Family Housing Guaranteed Loan Program, to eliminate the
need for taxpayer support of the program at its current loan level. This action
implements authority granted the Secretary of the USDA, to collect from the lender
an annual fee not to exceed 0.5 percent of the outstanding principal balance of the
loan for the life of the loan. The primary intent of the annual fee is to make the loan
program subsidy neutral when used along with the one-time up-front guarantee fee.
------------------------------------------COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the Exclusive Economic Zone off Alaska, Northern rockfish in the Western
Regulatory Area of the Gulf of Alaska: Temporary rule, closure, published July 11,
2012, effective 1200 hrs, Alaska local time, July 6 through 2400 hrs, A.l.t., Dec. 31,
2012
Text
The National Marine Fisheries Service prohibits directed fishing for northern rockfish
in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is to prevent
exceeding the 2012 total allowable catch of northern rockfish in the Western
Regulatory Area of the GOA.
------------------------------------------EDUCATION
EDUCATION (USDE)
NEWLY PUBLISHED REGULATIONS
Federal Pell Grant Program: Interim final rule, correction, published July 11, 2012,
effective July 11, 2012
Text
The Secretary of Education corrects the May 2, 2012 Federal Pell Grant Program
interim final rule. The USDE waived rulemaking and the delayed effective date under
the Administrative Procedure Act in this interim final rule, but did not expressly
waive the 60-day time period for a major rule to become effective under the
Congressional Review Act.
------------------------------------------ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Methoxyfenozide, pesticide tolerances: Final rule, published July 11, 2012, effective
July 11, 2012, objections and requests for hearings by Sept. 10, 2012
Text
The Environmental Protection Agency establishes tolerances for residues of
methoxyfenozide in or on multiple commodities and for indirect or inadvertent
combined residues of the methoxyfenozide on various other commodities. This
regulation also removes established tolerances for certain commodities/groups
superseded by this action and revises the tolerance expression.
Dicloran and formetanate, tolerance actions: Final rule, published July 11, 2012,
effective July 11, 2012, objections and requests for hearings by Sept. 10, 2012
Text
The Environmental Protection Agency revokes certain tolerances for the fungicide
dicloran and the insecticide formetanate hydrochloride in follow-up to amended
registrations that deleted specific uses, leaving no dicloran and formetanate
hydrochloride registrations for those uses. Also, the EPA makes minor revisions to
the tolerance expressions for dicloran and formetanate hydrochloride and to specific
tolerance nomenclatures for dicloran.
---------------------------------------------DEPARTMENT OF THE INTERIOR (DOI)
NEWLY PUBLISHED REGULATIONS
SURFACE MINING RECLAMATION AND ENFORCEMENT OFFICE (OSM)
West Virginia regulatory program: Interim final rule with request for comments,
published July 11, 2012, effective July 11, 2012, written comments by 4 p.m.,
Eastern Standard Time Aug. 10, 2012, public hearing Aug. 6, 2012 if requested,
requests to speak by 4 p.m., EST July 26, 2012
Text
The Office of Surface Mining Reclamation and Enforcement approves, on an interim
basis, an amendment to the West Virginia regulatory program under the Surface
Mining Control and Reclamation Act.
Wyoming regulatory program: Final rule, published July 11, 2012, effective July 11,
2012
Text
The Office of Surface Mining Reclamation and Enforcement removes a disapproval
codified in its regulations concerning a 1986 proposed amendment to the
enforcement provisions of the Wyoming regulatory program under the Surface
Mining Control and Reclamation Act.
PROPOSED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
2012-2013 refuge-specific hunting and sport fishing regulations: Proposed rule,
published July 11, 2012, comments received or postmarked by Aug. 10, 2012
Text
The Fish and Wildlife Service proposes to add one refuge to the list of areas open for
hunting and/or sport fishing, close one refuge to hunt activities, close one hunt
opportunity at one refuge, and increase the hunting activities available at 16 other
refuges, along with pertinent refuge-specific regulations on other refuges regarding
migratory game bird hunting, upland game hunting, big game hunting, and sport
fishing for the 2012-2013 season.
SURFACE MINING RECLAMATION AND ENFORCEMENT OFFICE (OSM)
Pennsylvania regulatory program: Proposed rule; public comment period and
opportunity for public Hearing, published July 11, 2012, written comments by 4
p.m., Eastern Standard Time Aug. 10, 2012, , we will hold a public hearing Aug. 6,
2012 if requested, requests to speak at a hearing until 4 p.m., EST July 26, 2012
Text
The Office of Surface Mining Reclamation and Enforcement announces receipt of a
proposal to amend the Pennsylvania regulatory program with additions related to
beneficial use of coal ash on active and abandoned mine sites.
---------------------------------------------NUCLEAR REGULATORY COMMISSION (NRC)
PROPOSED REGULATIONS
Low-level radioactive waste regulatory management issues: Public meeting, request
for comments, published July 11, 2012, public meeting July 19, 2012, in Maryland,
comments by July 31, 2012
Text
The U.S. Nuclear Regulatory Commission plans to conduct a public meeting to
discuss proposed changes to its current regulatory requirements as directed by the
NRC in a Jan. 19, 2012, Staff Requirements Memorandum. Specifically, the NRC staff
is interested in gaining a better understanding of the issues associated with
specifying a regulatory time of compliance for a low-level radioactive waste disposal
facility, allowing licensees the flexibility to implement waste acceptance criteria as an
alternative to the current waste classification system, and revising the NRC's
licensing requirements for land disposal of radioactive waste.
---------------------------------------------GOVERNMENT:
PRESIDENTIAL DOCUMENTS
EXECUTIVE ORDERS
Assignment of National Security and Emergency Preparedness Communications
Functions: Published July 11, 2012
PDF | Text
Executive Order 13618 of July 6, 2012: Assignment of National Security and
Emergency Preparedness Communications Functions
President Barack Obama establishes a National Security and Emergency
Preparedness Communications Executive Committee to advise and make policy
recommendations on enhancing the survivability, resilience, and future architecture
of national security and emergency preparedness communications, including a longterm strategic vision for such communications, and funding requirements and plans
for implementation.
---------------------------------------------HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
PROPOSED REGULATIONS
CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)
Medicare Program, End-Stage Renal Disease Prospective Payment System, Quality
Incentive Program, and bad debt reductions for all Medicare providers: Proposed
rule, published July 11, 2012, comments by 5 p.m. Eastern Standard Time Aug. 31,
2012
PDF | Text
The Centers for Medicare & Medicaid Services propose to update and make revisions
to the End-Stage Renal Disease (ESRD) prospective payment system for calendar
year 2013. This rule also proposes to describe requirements for the ESRD quality
incentive program, including for payment year 2015 and beyond. This proposed rule
is to implement changes to bad debt reimbursement for all Medicare providers,
suppliers, and other entities eligible to receive bad debt.
-------------------------------
---------------NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Safety zone, Nautical City Festival Air Show, Rogers City, Michigan: Temporary final
rule, published July 11, 2012, effective 1 p.m. Aug. 3 to 5 p.m. Aug. 5, 2012
Text
The Coast Guard establishes a safety zone in the Captain of the Port Sault Sainte
Marie zone to restrict vessels from certain parts of water areas within Sector Sault
Sainte Marie Captain of the Port zone. This temporary safety zone is to protect
spectators and vessels from the hazards associated with an air show performance.
Safety zone, Sacramento River Closure for Aerial Cable Installation, Sacramento,
California: Temporary final rule, published July 11, 2012, effective 6 a.m. to 1 p.m.
July 11 through July 13, 2012
Text
The Coast Guard establishes a temporary safety zone in the navigable waters of the
Sacramento River near Sherman Island, Calif., in support of the Sacramento River
Closure for Aerial Cable Installation July 11 through July 13, 2012.
---------------------------------------------TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Flightcrew member duty and rest requirements: Final rule, OMB approval of
information collection, published July 11, 2012, the Jan. 4, 2012 rule, including the
information collection requirement in Sections 117.7, 117.9, 117.11, 117.19, and
117.29, will become effective Jan. 4, 2014, OMB approval was received May 4, 2012
Text
The Federal Aviation Administration notifies the public of the Office of Management
and Budget's approval of the information collection requirement in the FAA's Jan. 4,
2012 final rule, “Flightcrew Member Duty and Rest Requirements”.
------------------------------SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION (SLSDC)
Seaway Regulations and Rules, periodic update, various categories: Final rule,
published July 11, 2012, effective July 11, 2012
Text
The Saint Lawrence Seaway Development Corporation amends the regulations jointly
administered with the St. Lawrence Seaway Management Corporation by updating
the following sections of the Seaway Regulations and Rules: Condition of Vessels;
Seaway Navigation; Dangerous Cargo; Information and Reports; General; and,
Navigation Closing Procedures. These amendments are to take account of updated
procedures and are to enhance the safety of transits through the Seaway. Several of
the amendments are merely editorial or for clarification of existing requirements.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Rolls-Royce plc turbofan engines: Notice of proposed
rulemaking, published July 11, 2012, comments by Sept. 10, 2012
Text
PURPOSE: This proposed airworthiness directive (AD) was prompted by an
investigation by Rolls-Royce plc (RR) concluding that certain intermediate-pressure
(IP) turbine discs produced before 1997 by a certain supplier may contain steel
inclusions. This proposed AD would require removal of the affected IP turbine discs
to inspect them for steel inclusions, and removal from service if the discs fail the
inspection. This proposed AD also would require removal from service of some IP
turbine discs at reduced life limits. This proposed AD would require actions intended
to prevent uncontained IP turbine disc failure, engine failure, and damage to the
airplane.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for all
RR RB211-524G2-19, RB211-524G2-T-19, RB211-524G3-19, RB211-524G3-T-19,
RB211-524H2-19, RB211-524H2-T-19, RB211-524H-36, RB211-524H-T-36, RB211535E4-37, RB211-535E4-B-37, RB211-535E4-B-75, and RB211-535E4-C-37
turbofan engines.
Airworthiness directives, Pratt & Whitney Division turbofan engines: Notice of
proposed rulemaking, published July 11, 2012, comments by Sept. 10, 2012
Text
PURPOSE: This proposed airworthiness directive (AD) was prompted by 16 reports of
damaged or failed 3rd stage low-pressure turbine (LPT) duct segments in certain
Pratt & Whitney turbofan engines. This proposed AD would require removing from
service certain part numbers of 3rd stage LPT duct segments. This proposed AD
would require actions intended to prevent failure of the 3rd stage LPT duct
segments, which could lead to LPT rotor damage, uncontained engine failure, and
damage to the airplane.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for all
Pratt & Whitney PW4050, PW4052, PW4056, PW4060, PW4060A, PW4060C,
PW4062, PW4062A, PW4152, PW4156, PW4156A, PW4158, PW4160, PW4460,
PW4462, and PW4650 turbofan engines, including models with any dash number
suffix.
Airworthiness directives, Airbus airplanes: Supplemental notice of proposed
rulemaking, reopening of comment period, published July 11, 2012, comments by
Aug. 27, 2012
Text
PURPOSE: This airworthiness directive (AD) is proposed to prevent erroneous angle
of attack (AOA) information and consequent delayed or non-activation of the AOA
protection systems which, during flight at a high angle of attack, could result in
reduced control of the airplane. Since these actions impose an additional burden
beyond that proposed in the NPRM, the comment period is reopened to allow the
public the chance to comment on these proposed changes.
SUMMARY: The Federal Aviation Administration revises an earlier proposed AD for all
Airbus Model A318 series airplanes, Airbus Model A319 series airplanes, Airbus Model
A320 series airplanes, and Airbus Model A321 series airplanes. That notice of
proposed rulemaking (NPRM) proposed an inspection to determine if certain AOA
probes are installed, and replacing the affected AOA probe if necessary. That NPRM
was prompted by reports of oil residue between the stator and the rotor parts of the
position resolvers of the AOA vane, which was a result of incorrect removal of the
machining oil during the manufacturing process of the AOA resolvers. This action
revises that NPRM by including an inspection to determine if certain other AOA
probes are installed, and replacing the affected probes.
Airworthiness directives, Bombardier, Inc. airplanes: Notice of proposed rulemaking,
published July 11, 2012, comments by Aug. 27, 2012
Text
PURPOSE: This proposed airworthiness directive (AD) was prompted by a report that
certain wing-to-fuselage attachment nuts in certain Bombardier, Inc. airplanes do
not conform to the certification design requirements for dual locking features. This
proposed AD would require repetitive inspections to determine that cotter pins are
installed at affected wing-to-fuselage attachment joints and replacement if
necessary. This proposed AD would require actions intended to prevent loss of wingto-fuselage attachment joints, which could result in the loss of the wing.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702)
airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, Model CL-6002D24 (Regional Jet Series 900) airplanes, and Model CL-600-2E25 (Regional Jet
Series 1000) airplanes.
Airworthiness directives, The Boeing Company airplanes: Notice of proposed
rulemaking, published July 11, 2012, comments by Aug. 27, 2012
Text
PURPOSE: This proposed airworthiness directive (AD) was prompted by a report that
the safe life limit on certain main landing gear (MLG) upper torque link bolts in
certain Boeing DC-10s is reduced significantly due to incorrect fabrication. This
proposed AD would require replacing certain MLG upper torque link bolts with a new
or serviceable part. This proposed AD would require actions intended to prevent
damage to the MLG and consequent damage to airplane structure, which could
adversely affect the airplane's continued safe flight and landing.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
certain Boeing Model DC-10-10 and MD-10-10F airplanes.
Airworthiness directives, Airbus airplanes: Notice of proposed rulemaking, published
July 11, 2012, comments by Aug. 27, 2012
Text
PURPOSE: This proposed airworthiness directive (AD) was prompted by reports of
ram air turbine (RAT) pump failure in certain Airbus airplanes. This proposed AD
would require inspecting the RAT pump anti-stall valve for correct setting, reidentifying the RAT pump, performing a functional ground test of the RAT, and
replacing the RAT pump or the RAT assembly with a serviceable part if necessary.
This proposed AD would require actions intended to detect and correct malfunction of
the RAT pump, which could lead to in-flight loss of the RAT-pump pressurization,
possibly resulting in reduced control of the airplane. The FAA estimates that the
initial remedy would cost $340 per product, with some planes needing additional
parts and service that would cost up to $405,738 per product.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for all
Airbus Model A330-200 freighter series airplanes, Model A330-200 and -300 series
airplanes, and Model A340-200 and -300 series airplanes.
Airworthiness directives, The Boeing Company airplanes: Notice of proposed
rulemaking, published July 11, 2012, comments by Aug. 27, 2012
Text
PURPOSE: This proposed airworthiness directive (AD) was prompted by multiple
reports of integrated display unit (IDU) malfunctions and mode control panel
malfunctions in certain Boeing C Model 747-400, or -400F series airplanes. This
proposed AD would require installing new software, replacing the duct assembly with
a new duct assembly, making wiring changes, and routing certain wire bundles. This
proposed AD would require actions intended to prevent IDU malfunctions, which
could affect the ability of the flight crew to read primary displays for airplane
attitude, altitude, or airspeed, and consequently reduce the ability of the flight crew
to maintain control of the airplane.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
certain Boeing C Model 747-400, and -400F series airplanes.
Proposed amendment of Class E airspace, Dillon, Montana: Supplemental notice of
proposed rulemaking, published July 11, 2012, comments by Aug. 27, 2012
Text
The Federal Aviation Administration issues a supplemental notice of proposed
rulemaking for the March 15, 2012 notice of proposed rulemaking, to elicit
comments addressing the proposed amendment to create Class E surface airspace
and further expand the previous proposed amendment of Class E airspace extending
upward from 700 feet above the surface at Dillon Airport, Dillon, Mont., to
accommodate aircraft using new Area Navigation Global Positioning System standard
instrument approach procedures.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)
Federal Motor Vehicle Safety Standard No. 108, Lamp, Reflective Devices, and
Associated Equipment: Request for comments on technical report, published July 11,
2012, comments by Sept. 10, 2012
Text
The National Highway Traffic Safety Administration requests comments on a
technical report that evaluates new approaches for the regulation of motor vehicle
lighting performance. Since 1968, the lighting standard in the United States has
been updated incrementally, while lighting technologies have in some ways changed
dramatically. The NHTSA requests comments on the general approaches and specific
technical merits of the report.
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