COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Dec. 28, 2010
AGRICULTURE:
AGRICULTURE (USDA)
NEWLY PUBLISHED REGULATIONS
ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)
Revisions to testing and certification requirements, brucellosis class free states and certified brucellosis–free herds: Interim rule and request for comments, published Dec. 27, 2010, effective Dec. 27, 2010, comments by Feb. 25, 2011
[TEXT]
The Animal and Plant Health Inspection Service amends the brucellosis regulations to reduce the amount of testing required to maintain Class Free status for states that have been Class Free for 5 or more years and have no Brucella abortus in wildlife. The agency also removes the provision for automatic reclassification of any Class Free State or area to a lower status if two or more herds are found to have brucellosis within a 2-year period or if a single brucellosis-affected herd is not depopulated within 60 days. Further, the agency reduces the age at which cattle are included in herd blood tests.
South American cactus moth quarantine, addition of Louisiana: Affirmation of interim rule as final rule, published Dec. 27, 2010, effective Dec. 27, 2010
[TEXT]
The Animal and Plant Health Inspection Service adopts as a final rule, without change, an interim rule that amended the South American cactus moth regulations by adding the entire state of Louisiana to the list of quarantined areas. The interim rule restricted the interstate movement of regulated articles from areas in the state of Louisiana. This interim rule was to prevent the artificial spread of the South American cactus moth to noninfested areas of the United States.
Update of quarantined areas, plum pox virus: Interim rule and request for comments, published Dec. 27, 2010, effective Dec. 27, 2010, comments by Feb. 25, 2011
[TEXT]
The Animal and Plant Health Inspection Service amends the plum pox virus (PPV) regulations by adding parts of Niagara, Orleans, and Wayne Counties, N.Y. to the list of quarantined areas and restricting the interstate movement of regulated articles from these quarantined areas. The agency also amends the regulations by removing the townships of Latimore and Huntington in Adams County, Pa., from the list of quarantined areas. These actions are to prevent the spread of PPV from the quarantined areas of New York to uninfected areas of the United States and to relieve restrictions in Pennsylvania that are no longer necessary.
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COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the northeastern United States, Atlantic surfclam and ocean quahog fishery, final 2011–2013 fishing quotas: Final rule, published Dec. 27, 2010, effective Jan. 1 to Dec. 31, 2013
[TEXT]
The National Marine Fisheries Service implements final quotas for the Atlantic surfclam and ocean quahog fisheries for 2011, 2012 and 2013. Regulations for these fisheries require the agency to publish the final quota specifications for the 2011-2013 fishing years to establish allowable harvest levels of Atlantic surfclams and ocean quahogs from the exclusive economic zone to prevent overfishing and to allow harvesting of optimum yield.
Schedule of fees for access to the National Oceanic and Atmospheric Administration environmental data, information and related products and services: Final rule, published Dec. 27, 2010, effective Feb. 28, 2011
[TEXT]
The National Environmental Satellite, Data and Information Service, National Oceanic and Atmospheric Administration, establishes a new schedule of fees for the sale of its data, information and related products and services to users. The agency revises the fee schedule to ensure the fees accurately reflect the costs of providing access to the environmental data, information and related products and services. The agency is authorized under 15 U.S.C. 1534 to assess fees, up to fair market value, for access to environmental data, information and products derived from, collected and/or archived by the agency. Other than depreciation, costs to upgrade computer hardware and software systems are not included in the fees charged to users.
PROPOSED REGULATIONS
INDUSTRY AND SECURITY BUREAU (BIS)
Export control modernization, strategic trade authorization license exception: Proposed rule correction, published Dec. 27, 2010, comments by Feb. 7, 2011
[TEXT]
The Bureau of Industry and Security corrects a typographical error in the address for submitting e-mail comments that appeared in the Dec. 9, 2010 proposed rule, “Export Control Modernization: Strategic Trade Authorization License Exception.”
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
2011 annual determination for sea turtle observer requirement: Notification of annual determination, published Dec. 27, 2010
[TEXT]
The National Marine Fisheries Service provides notification that the agency will not identify additional fisheries to observe on the annual determination for 2011, under its authority under the Endangered Species Act. Through an annual determination, the agency identifies fisheries operating in the Atlantic Ocean, Gulf of Mexico and Pacific Ocean that will be required to take observers upon the agency’s request to learn more about sea turtle interactions in a given fishery, evaluate existing measures to prevent or reduce prohibited sea turtle takes and to determine whether additional measures to implement the prohibition against sea turtle takes may be necessary. Fisheries identified in the 2010 annual determination (see Table 1 in the linked document) remain on the annual determination and are therefore required to carry observers upon the agency’s request, until 2014.
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COMMUNICATION (FCC)
PROPOSED REGULATIONS
Television broadcasting services, Vernal and Santaquin, Utah, and Ely and Caliente, Nevada: Dismissal, published Dec. 27, 2010
[TEXT]
The Federal Communications Commission dismisses the pending rulemaking petition filed by TV 6 LLC, former permittee of KBCJ, analog channel 6, Vernal, Utah, and Kaleidoscope Foundation Inc., former permitee of KBNY, analog channel 6, Ely, Nev., requesting to reallot their analog channels from Vernal to Santaquin, Utah and from Ely to Caliente, Nev. The agency was required by the DTV Delay Act to terminate all licenses for full-power television stations and broadcasting by full power stations in the analog service by June 13, 2009. Therefore, the agency no longer has the authority to act on rulemaking proposals in the full-power analog television service.
Television broadcasting services, Yuma, Arizona: Dismissal, published Dec. 27, 2010
[TEXT]
The Federal Communications Commission dismisses the petition for rulemaking filed by Arizona Western College, requesting that the agency amend the pre-transition DTV Table Allotments to allot digital channel 24 at Yuma, Ariz. The pre-transition DTV Table of Allotments is now obsolete as the DTV transition is over and the Post-Transition Table of DTV Allotments has replaced the pre-transition DTV Table of Allotments, so the petition for rulemaking filed by Arizona Western College is dismissed.
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EMPLOYMENT
LABOR (DOL)
PROPOSED REGULATIONS
MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)
Examinations of work areas in underground coal mines for violations of mandatory health or safety standards: Proposed rule, notice of close of comment period, published Dec. 27, 2010, comments by midnight Eastern Standard Time Feb. 25, 2011
[TEXT]
The Mine Safety and Health Administration proposes to revise its requirements for preshift, supplemental, on-shift, and weekly examinations of underground coal mines. The proposed rule would require operators to identify violations of mandatory health or safety standards. The proposal would also require that the mine operator record and correct violations and review with mine examiners (e.g., the mine foreman, assistant mine foreman, or other certified persons) on a quarterly basis all citations and orders issued in areas where preshift, supplemental, on-shift, and weekly examinations are required. This proposal would assure that underground coal mine operators find and fix violations of mandatory health or safety standards, thereby improving health and safety for miners.
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ENVIRONMENT, ENERGY & RESOURCES:
ENERGY (DOE)
PROPOSED REGULATIONS
FEDERAL ENERGY REGULATORY COMMISSION (FERC)
Interpretation of protection system reliability standard: Notice of proposed rulemaking, published Dec. 27, 2010, comments by Feb. 25, 2011
[TEXT]
The North American Electric Reliability Corporation (NERC) has submitted a petition requesting approval of its interpretation of Requirement R1 of the Federal Energy Regulatory Commission-approved Reliability Standard PRC-005-1 (Transmission and Generation Protection System Maintenance and Testing). The agency proposes to accept the NERC proposed interpretation of Requirement R1 of Reliability Standard PRC-005-1, and proposes to direct the NERC to develop modifications to the PRC-
005-1 Reliability Standard, as discussed in the linked document, through its Reliability Standards development process to address gaps in the Protection System maintenance and testing standard, highlighted by the proposed interpretation.
Version One Regional Reliability Standard for Transmission Operations: Notice of proposed rulemaking, published Dec. 27, 2010, comments by Feb. 25, 2011
[TEXT]
Under Section 215 of the Federal Power Act (FPA), the Federal Energy Regulatory Commission proposes to approve TOP-007-WECC-1 (System Operating Limits) developed by the Western Electric Coordinating Council (WECC) and submitted to the agency for approval by the North American Electric Reliability Corporation. The revised regional Reliability Standard would replace the approved WECC TOP-STD-007-0. While the agency proposes to approve the regional Reliability Standard, as discussed in this Notice of Proposed Rulemaking, TOP-007-WECC-1 raises some concerns about which the agency requests additional information. The agency also proposes to direct the WECC to develop certain limited modifications to the regional Reliability Standard and the associated violation risk factor and violation severity levels as discussed in the linked document.
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ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Deferment of reporting date for certain data elements required under the mandatory reporting of greenhouse gases rule: Interim final rule, published Dec. 27, 2010, effective Dec. 27, 2010
[TEXT]
The Environmental Protection Agency issues this interim final rule to defer until Aug. 31, 2011 the reporting deadline for year 2010 data elements that are inputs to emission equations under the Mandatory Greenhouse Gas Reporting Rule. In response to the EPA's July 7, 2010 proposed confidentiality determinations for data required under the reporting rule, the EPA received several comments raising concerns that warrant further consideration before the EPA issues final confidentiality determinations for data elements that are inputs to emission equations for direct emitters.
Revisions to lead ambient air monitoring requirements: Final rule, published Dec. 27, 2010, effective Jan. 26, 2011
[TEXT]
The Environmental Protection Agency issued a final rule Nov. 12, 2008, (effective date Jan. 12, 2009) that revised the primary and secondary National Ambient Air Quality Standards for lead and associated monitoring requirements. On Dec. 30, 2009, the EPA proposed revisions to the lead monitoring requirements. This action adopts revisions to the monitoring requirements regarding where state and local monitoring agencies would be required to conduct lead monitoring.
PROPOSED REGULATIONS
Approval and promulgation of implementation plans, Nebraska, Prevention of Significant Deterioration, greenhouse gas permitting authority and tailoring rule revision: Proposed rule, published Dec. 27, 2010, comments by Jan. 26, 2011
[TEXT]
The Environmental Protection Agency proposes to approve revisions to the Nebraska State Implementation Plan (SIP) including proposed changes to Nebraska's Prevention of Significant Deterioration (PSD) program, submitted by the NDEQ to the EPA Nov. 19, 2010; and proposed changes to Nebraska's greenhouse gas (GHG) construction permit related regulations, submitted by the NDEQ to the EPA Oct. 19, 2010 (that NDEQ requested parallel processing for Sept. 30, 2010). The proposed SIP revision provides the state of Nebraska with authority to regulate GHG emissions under the PSD program and incorporates the GHG emission thresholds established in the EPA's “PSD and Title V Greenhouse Gas Tailoring Final Rule,'' which the EPA issued by notice dated June 3, 2010.
Call for information, inputs to emission equations under the mandatory reporting of greenhouse gases rule: Call for Information, published Dec. 27, 2010, information and comments by Feb. 25, 2011
[TEXT]
The Environmental Protection Agency publishes this call for information and public comment to solicit certain additional information regarding reporting of inputs to emission equations under the Mandatory Greenhouse Gas Reporting Rule. In response to the EPA's July 7, 2010 proposed confidentiality determinations for data required under the reporting rule, the EPA received several comments that warrant in-depth evaluation of potential harm to businesses from possible public availability of some of this data. The information and comment solicited by this notice will assist the EPA as it considers a long-term approach that will balance data quality and transparency with the reporting businesses' need to protect sensitive business information.
Change to the reporting date for certain data elements required under the Mandatory Reporting of Greenhouse Gases Rule: Proposed rule, published Dec. 27, 2010, comments by Jan. 26, 2011 unless a public hearing is requested by Jan. 6, 2011, if a hearing is requested on this proposed rule, written comments must be received by Feb. 10, 2011
[TEXT]
The Environmental Protection Agency proposes to defer the reporting date of certain data elements that are inputs to emission equations under the Mandatory Greenhouse Gas Reporting Rule for three years. In response to the EPA's July 7, 2010 proposed confidentiality determinations for data required under the reporting rule, the EPA received several comments raising concerns that warrant further consideration before the EPA issues final confidentiality determinations for data elements that are inputs to emission equations for direct emitters. To allow time for the EPA to consider these comments and other information concerning these data elements before they are reported to the EPA, when they may become publicly available, the EPA proposes to defer direct emitter reporting of inputs to emission equations for calendar years through 2012 until March 31, 2014. This proposal would not change any other requirements of the reporting rule.
Final authorization of state hazardous waste management program revision, South Dakota: Proposed Rule, published Dec. 27, 2010, comments by Jan. 26, 2011
[TEXT]
The Solid Waste Disposal Act commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency to authorize states to operate their hazardous waste management programs in lieu of the federal program. South Dakota has applied to the EPA for final authorization of the changes to its hazardous waste program under the RCRA. The EPA has determined these changes satisfy all requirements needed to qualify for final authorization, and proposes to authorize the state's changes through this proposed final action.