COURTHOUSE NEWS SERVICE

Federal Regulation Brief

May 31, 2012

AGRICULTURE:

AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

FOOD SAFETY AND INSPECTION SERVICE (FSIS)

Shiga toxin-producing Escherichia coli in certain raw beef products: Response to comments on final determination, planned implementation for testing raw beef manufacturing trimmings, published May 31, 2012, routine verification testing will be implemented June 4, 2012 for the six additional Shiga toxin-producing Escherichia coli discussed in this action (O26, O45, O103, O111, O121, and O145), in raw beef manufacturing trimmings (domestic or imported) derived from cattle slaughtered on or after June 4, 2012

[TEXT]

The Food Safety and Inspection Service confirms that it will implement routine verification testing for six Shiga toxin-producing Escherichia coli (STEC), in addition to E. coli O157:H7, in raw beef manufacturing trimmings beginning June 4, 2012. To allow industry time to implement any appropriate changes in food safety systems, including control procedures in their processes, the FSIS generally will not regard raw, non-intact beef products or the components of these products found to have these pathogens as adulterated until June 4, 2012. The FSIS will announce in a future Federal Register action the date it intends to implement routine verification testing for the specified STECs in additional raw beef products tested by the FSIS for E. coli O157:H7, including ground beef.

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COMMERCE:

COMMERCE (DOC)

NEWLY PUBLISHED REGULATIONS

INDUSTRY AND SECURITY BUREAU (BIS)

Applications (Classification, Advisory and License) and documentation: Correction, published May 31, 2012

Text

The Bureau of Industry and Security corrects 15 CFR Part 748, page 459, Supplement 7 to Part 748, in the fourth column of the table, by removing the two entries for “National Semiconductor Hong Kong Limited.”

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NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION (NOAA)

Atlantic highly migratory species, commercial porbeagle shark fishery: Temporary rule, fishery closure, published May 31, 2012, effective 11:30 p.m. local time May 30, 2012, until, and if, the NMFS announces that additional quota is available and the season is reopened

Text

The National Marine Fisheries Service closes the commercial fishery for porbeagle sharks because landings for the 2012 fishing season have reached at least 80 percent of the available quota.

Fisheries of the exclusive economic zone off Alaska, northern rockfish in the Bering Sea and Aleutian Islands management area: Temporary rule, modification of closure, published May 31, 2012, effective 1200 hrs. Alaska local time May 25 to 2400 hrs. A.l.t. Dec. 31, 2012, comments by 4:30 p.m. A.l.t. June 11, 2012

Text

The National Marine Fisheries Service opens directed fishing for northern rockfish in the Bering Sea and Aleutian Islands management area to fully use the 2012 total allowable catch of northern rockfish in the that area.

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COMMUNICATION (FCC)

NEWLY PUBLISHED REGULATIONS

Policies to promote rural radio service and to streamline allotment and assignment procedures: Final rule, announcement of effective date, published May 31, 2012, effective July 2, 2012

Text

The Federal Communications Commission announces that the Office of Management and Budget has approved, for a period of three years, the information collection requirements and form revisions associated with the FCC’s rules on policies to promote rural radio service and to streamline allotment and assignment procedures.

Wireless Telecommunications Bureau and Public Safety and Homeland Security Bureau suspend acceptance and processing of certain applications for 470-512 MHz spectrum: Final rule, limited suspension of specific applications, published May 31, 2012, effective May 31, 2012, enforced with actual notice April 26, 2012

Text

The Federal Communications Commission announces a limited suspension of the acceptance and processing of some applications for certain services operating in the 470-512 MHz (T-Band) spectrum band to maintain a stable spectral landscape while the FCC determines how to implement recent spectrum legislation in the Middle Class Tax Relief and Job Creation Act. The suspension applies only to applications for new or expanded use of T-Band frequencies.

PROPOSED REGULATIONS

Suspension of acceptance and processing of certain applications for 470-512 MHz spectrum: Petition for reconsideration, published May 31, 2012, oppositions by June 15, 2012, replies to oppositions by June 25, 2012

Text

The Federal Communications Commission is considering petitions for reconsideration against the adoption of a national cap of 50 applications and a market-based cap of one application per applicant per market for pending Auction No. 83 translator applications.

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ENVIRONMENT, ENERGY & RESOURCES:

ENERGY (DOE)

NEWLY PUBLISHED REGULATIONS

Energy Conservation Program, energy conservation standards for residential clothes washers: Direct final rule, published May 31, 2012, effective Sept. 28, 2012 unless adverse comments are received by Sept. 18, 2012

[TEXT]

The Department of Energy adopts amended energy conservation standards for residential clothes washers. It has determined that the amended energy conservation standards for these products would result in significant conservation of energy, and are technologically feasible and economically justified.

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FEDERAL ENERGY REGULATORY COMMISSION (FERC)

Transmission planning and cost allocation by transmission owning and operating public utilities: Order on rehearing and clarification, published May 31, 2012, effective July 2, 2012

[TEXT]

The Federal Energy Regulatory Commission affirms its basic determinations in Order No. 1000, amending the transmission planning and cost allocation requirements established in Order No. 890 to ensure that FERC-jurisdictional services are provided at just and reasonable rates and on a basis that is just and reasonable and not unduly discriminatory or preferential.

PROPOSED REGULATIONS

Energy Conservation Program, alternative efficiency determination methods and alternative rating methods: Notice of proposed rulemaking, published May 31, 2012, comments, data, and information by July 2, 2012

[TEXT][PDF]

The U.S. Department of Energy proposes to revise and expand its existing regulations for the use of particular methods as alternatives to testing for certifying compliance with the applicable energy conservation standards and the reporting of related ratings for certain consumer products and commercial and industrial equipment covered by energy conservation standards.

Energy Conservation Program, energy conservation standards for residential clothes washers: Proposed rule, published May 31, 2012, comments, data, and information by Sept. 18, 2012

[TEXT]

The Department of Energy proposes amended energy conservation standards for residential clothes washers identical to those described in a direct final rule published in the May 31, 2012 Federal Register.

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ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

Designations of areas for air quality planning purposes, Arizona, Pinal County, PM10: Final rule, published May 31, 2012, effective July 2, 2012

[TEXT]

The Environmental Protection Agency redesignates from “unclassifiable” to “nonattainment” an area in western Pinal County, Ariz., for the 1987 national ambient air quality standard for particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10), and therefore also revises the boundaries of the existing “rest of state” unclassifiable area. The effect of this action is to establish and delineate a new PM10 nonattainment area within Pinal County and thereby to impose certain planning requirements on Arizona to reduce PM10 concentrations within this area, including, but not limited to, the requirement to submit, within 18 months of redesignation, a revision to the Arizona state implementation plan that provides for attainment of the PM10 standard as expeditiously as practicable but no later than the end of the sixth calendar year after redesignation.

Direct final negative declarations, withdrawals of large municipal waste combustors state plan for designated facilities and pollutants, Illinois: Direct final rule, published May 31, 2012, effective July 30, 2012, unless adverse comments are received by July 2, 2012

[TEXT]

The Environmental Protection Agency approves Illinois' negative declaration and request for EPA withdrawal of its 111(d)/129 State Plan to control air pollutants from “Large Municipal Waste Combustors”.

Significant new use rule on certain chemical substance: Withdrawal of final rule, published May 31, 2012, effective June 4, 2012

[TEXT]

The Environmental Protection Agency withdraws a significant new use rule issued under the Toxic Substances Control Act for a chemical substance identified generically as C15 olefins, which was the subject of premanufacture notice P-11-511.

PROPOSED REGULATIONS

Approvals of negative declarations, withdrawals of large municipal waste combustors state plan for designated facilities and pollutants, Illinois: Proposed rule, published May 31, 2012, comments by July 2, 2012

[TEXT]

The Environmental Protection Agency proposes to approve Illinois' negative declaration and request for EPA withdrawal of its 111(d)/129 State Plan to control air pollutants from “Large Municipal Waste Combustors” (LMWC). On Feb. 1, 2012, the Illinois Environmental Protection Agency submitted a letter of certification to the EPA that the only designated facility in the State Plan ceased operation and is completely shut down and requested that the EPA withdraw the State Plan implementing the emission guidelines for LMWCs.

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DEPARTMENT OF THE INTERIOR (DOI)

PROPOSED REGULATIONS

FISH AND WILDLIFE SERVICE (USFWS)

Endangered and threatened wildlife and plants, designation of critical habitat for southern Selkirk Mountains population of woodland caribou: Proposed rule, availability of supplementary documents and announcement of public hearing, published May 31, 2012, written comments received or postmarked by 11:59 p.m. Eastern Time July 2, 2012, public informational session 9:30 a.m. to 11 a.m., followed by a public hearing from 2 p.m. to 5 p.m., June 16, 2012, in Coolin,

Idaho, speaker registration will begin at 1 p.m.

[TEXT]

The U.S. Fish and Wildlife Service reopens the comment period on its Nov. 30, 2011, proposed rule to designate critical habitat for the southern Selkirk Mountains population of woodland caribou (Rangifer tarandus caribou) under the Endangered Species Act. It also announces the availability of a draft economic analysis of the proposed designation and an amended required determinations section of the proposal. A public informational session and hearing will be held.

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HEALTH:

HEALTH AND HUMAN SERVICES (HHS)

NEWLY PUBLISHED REGULATIONS

FOOD AND DRUG ADMINISTRATION (FDA)

New animal drugs, altrenogest, Dexamethasone, florfenicol: Final rule, published May 31, 2012, effective May 31, 2012

[TEXT]

The Food and Drug Administration amends the animal drug regulations to reflect approval actions for new animal drug applications and abbreviated new animal drug applications during April 2012. It is also informing the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable.

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HOUSING:

HOUSING AND URBAN DEVELOPMENT (HUD)

NEWLY PUBLISHED REGULATIONS

Revision to Section 8 Management Assessment Program lease-up indicator: Final rule, published May 31, 2012, effective July 2, 2012

[TEXT]

The Office of the Assistant Secretary for Public and Indian Housing amends the Department of Housing and Urban Development’s regulations for the Section 8

Management Assessment program (SEMAP), by revising the process by which the

HUD measures and verifies performance under the SEMAP lease-up indicator. Specifically, the existing regulation is amended to reflect that assessment of a public housing agency's (PHA) leasing indicator will be based on a calendar year cycle, rather than a fiscal year cycle, which would increase administrative efficiencies. This rule also clarifies that units assisted under the voucher homeownership option or occupied under a project-based housing assistance payments contract are included in the assessment of PHA units leased.

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NATIONAL SECURITY:

HOMELAND SECURITY (DHS)

NEWLY PUBLISHED REGULATIONS

COAST GUARD (USCG)

Safety zone, Kemah Boardwalk Summer Season fireworks, Galveston Bay, Kemah, Texas: Temporary final rule, published May 31, 2012, effective 8:30 p.m. June 1, 2012 to 1 a.m. Jan. 1, 2013

Text

The U.S. Coast Guard establishes a temporary safety zone for the specified waters in Galveston Bay near Kemah, Texas, within a 1000’ radius around a fireworks barge during the Kemah Boardwalk Summer Season fireworks.

Safety zones, fireworks displays in the Captain of the Port Columbia River zone: Notice of enforcement of regulation, published May 31, 2012, enforcement dates complex

Text

The U.S. Coast Guard enforces the safety zones for fireworks displays in the Sector Columbia River Captain of the Port zone May through September 2012.

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TRANSPORTATION

TRANSPORTATION (DOT)

NEWLY PUBLISHED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Honeywell International, Inc. turbofan engines: Final rule, published May 31, 2012, effective July 5, 2012

[TEXT]

PURPOSE: This airworthiness directive (AD) was prompted by two reports of Honeywell International, Inc. ALF502L-2C, ALF502R-3, ALF502R-3A, ALF502R-5, LF507-1F, and LF507-1H turbofan engines experiencing uncontained release of low-pressure (LP) turbine blades. This AD requires operational checks of the engine overspeed trip system. This AD requires actions intended to prevent LP turbine overspeed leading to uncontained release of the LP turbine blades and damage to the airplane.

SUMMARY: The Federal Aviation Administration adopts a new AD for all Honeywell International, Inc. ALF502L-2C; ALF502R-3, ALF502R-3A, ALF502R-5, LF507-1F, and LF507-1H turbofan engines.

Airworthiness directives, Rolls–Royce PLC turbofan engines: Final rule, request for comments, published May 31, 2012, effective June 15, 2012, comments by July 16, 2012

[TEXT]

PURPOSE: This airworthiness directive (AD) was prompted by Rolls-Royce plc (RR) adding a new flight profile and an associated set of life limits for all RR RB211-Trent 800 series turbofan engines. This AD requires actions intended to prevent the failure of critical rotating parts, which could result in uncontained failure of the engine and damage to the airplane.

SUMMARY: The Federal Aviation Administration adopts a new AD for all RR RB211-Trent 800 series turbofan engines. This AD requires removal from service of certain critical engine parts based on reduced life limits.

Special conditions, Gulfstream Model GVI airplane, high incidence protection: Final special conditions, correction, published May 31, 2012, effective May 31, 2012

[TEXT]

The Federal Aviation Administration corrects an error that appeared in Docket No.

NM438, Special Conditions No. 25-423-SC, published in the March 28, 2011 Federal Register, which resulted in the omission of two paragraphs of text in The Special Conditions section.

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FEDERAL HIGHWAY ADMINISTRATION (FHWA)

Truck size and weight: Final rule, technical correction, published May 31, 2012, effective July 2, 2012

[TEXT]