International Trade Commission (Itc)

COURTHOUSE NEWS SERVICE

Federal Regulation Brief

July 12, 2012

COMMERCE:

INTERNATIONAL TRADE COMMISSION (ITC)

PROPOSED REGULATIONS

INTERNATIONAL TRADE COMMISSION

Rules of general application, adjudication, and enforcement:Notice of proposed rulemaking, published July 12, 2012,written comments by 5:15 p.m. Sept. 10, 2012

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The U.S. International Trade Commission proposes to amend its Rules of Practice and Procedure concerning rules of general application, adjudication, and enforcement.

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ENVIRONMENT, ENERGY & RESOURCES:

ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule Step 3 and GHG Plantwide Applicability Limits:Final rule, published July 12, 2012,effective Aug. 13, 2012

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The Environmental Protection Agency issues the third step (Step 3) of its phase-in approach to permitting sources of greenhouse gas (GHG) emissions it committed to do in the GHG Tailoring Rule. The EPA also issues regulatory revisions for better implementation of the federal program for establishing plantwide applicability limitations for GHG emissions.

Delegation of national emission standards for hazardous air pollutants for source categories,Gila River Indian Community:Direct final rule, published July 12, 2012,effective Sept. 10, 2012 unless relevant adverse comments are received by Aug. 13, 2012

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The Environmental Protection Agency delegates the authority to implement and enforce specific National Emission Standards for Hazardous Air Pollutants to the Gila River Indian Community Department of Environmental Quality in Arizona.

Sulfentrazone, pesticide tolerances:Final rule, published July 12, 2012,effective July 12, 2012,objections and requests for hearings by Sept. 10, 2012

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The Environmental Protection Agency establishes tolerances for residues of sulfentrazone in or on multiple commodities.

PROPOSED REGULATIONS

Air quality implementation plans, Alabama, attainment plan for the Alabamapart of the Chattanooga 1997 Annual PM2.5:Proposed rule, published July 12, 2012,written comments by Aug. 13, 2012

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The Environmental Protection Agency proposes to approve a state implementation plan revision submitted by AlabamaOct. 7, 2009, to provide for attainment of the 1997 fine particulate matter national ambient air quality standards in the Alabama part of the tri-state Chattanooga PM2.5 nonattainment area.

Delegation of national emission standards for hazardous air pollutants for source categories,Gila River Indian Community:Proposed rule, published July 12, 2012,comments by Aug. 13, 2012

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The Environmental Protection Agency proposes to grant delegation of specific national emission standards for hazardous air pollutants to the Gila River Indian Community Department of Environmental Quality in Arizona.

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DEPARTMENT OF THE INTERIOR (DOI)

NEWLY PUBLISHED REGULATIONS

FISH AND WILDLIFE SERVICE (USFWS)

Endangered and threatened wildlife and plants, determination of endangered status for the Chupadera springsnail and designation of critical habitat:Final rule, published July 12, 2012,effective Aug. 13, 2012

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The U.S. Fish and Wildlife Service determines endangered status for the Chupadera springsnail and designates critical habitat for the species under the Endangered Species Act.

PROPOSED REGULATIONS

FISH AND WILDLIFE SERVICE (USFWS)

Endangered and threatened wildlife and plants, designation of revised critical habitat for the southwestern willow flycatcher:Proposed rule, reopening of comment period, published July 12, 2012,written comments by Sept. 10, 2012, electronic comments by 11:59 p.m. Eastern Time Sept. 10, 2012, public hearing Aug. 16, 2012

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The U.S. Fish and Wildlife Service reopens the public comment period on the Aug. 15, 2011, proposed designation of revised critical habitat for the southwestern willow flycatcher (Empidonax traillii extimus) (flycatcher) under the Endangered Species Act. The comment period is reopened to allow all interested parties an opportunity to comment on the amended required determinations and revisions to the proposed revised designation, which include additional areas as proposed critical habitat on two streams within the Santa Cruz Management Unit, Arizona, and revisions to areas being considered for exclusion under Section 4(b)(2) of the act.

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NUCLEAR REGULATORY COMMISSION (NRC)

PROPOSED REGULATIONS

Decommissioning planning during operations:Notice of public meeting, webinar and opportunity to provide comment, published July 12, 2012, public meeting and webinar July 12, 2012

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The U.S. Nuclear Regulatory Commission requests input from the public, licensees, AgreementStates, non-AgreementStates, and other stakeholders on revised draft regulatory guide (DG) 4014, “Decommissioning Planning During Operations.”

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MONEY:

COMMODITY FUTURES TRADING COMMISSION (CFTC)

PROPOSED REGULATIONS

Margin requirements for uncleared swaps for swap dealers and major swap participants:Extension of comment period, published July 12, 2012,comments by Sept. 14, 2012

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The Commodity Futures Trading Commission extends the comment period for its April 28, 2011notice of proposed rulemaking that would establish initial and variation margin requirements on uncleared swaps for swap dealers and major swap participants.

Exemptive order regarding compliance with certain swap regulations:Notice of proposed exemptive order and request for comment, published July 12, 2012,comments by Aug. 13, 2012

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The Commodity Futures Trading Commission proposes to grant, under Section 4(c) of the Commodity Exchange Act, temporary exemptive relief to allow non-U.S. swap dealers and non-U.S. major swap participants to delay compliance with certain entity-level requirements of the act (and CFTC regulations issued thereunder), subject to specified conditions. Additionally, the relief would allow non-U.S. swap dealers and non-U.S. major swap participants, as well as foreign branches of U.S. swap dealers and major swap participants, to comply only with those requirements as may be required in the home jurisdiction of such non-U.S. swap dealers and non-U.S. major swap participants (or in the case of foreign branches of a U.S. swap dealer or U.S. major swap participant, the foreign location of the branch) for swaps with non-U.S. counterparties. This relief would become effective concurrently with the date upon which swap dealers and major swap participants must first apply for registration and expire 12 months following the publication of this proposed order in the Federal Register. Finally, U.S. swap dealers and U.S. major swap participants may delay compliance with certain entity-level requirements of the act (andCFRTC regulations issued thereunder) from the date upon which swap dealers and major swap participants must apply for registration until Jan. 1, 2013.

Cross-border application of certain swaps provisions of the Commodity Exchange Act:Proposed interpretive guidance and policy statement, published July 12, 2012,comments by Aug. 27, 2012

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The Commodity Futures Trading Commission requests commentson proposed interpretive guidance and policy statement regarding regulations issued underthe cross-border application of the swaps provisions of the Commodity Exchange Act enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

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TREASURY (USDT)

NEWLY PUBLISHED REGULATIONS

INTERNAL REVENUE SERVICE (IRS)

Health insurance premium tax credit, income taxes, reporting and recordkeeping requirements:Correction, published July 12, 2012, effective July 12, 2012, applicable May 23, 2012

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The Internal Revenue Service corrects May 23, 2012final regulations regarding the health insurance premium tax credit enacted by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act.

Health insurance premium tax credit, clarification:Correction to final regulations, published July 12, 2012,effective July 12, 2012, applicable May 23, 2012

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NATIONAL SECURITY:

HOMELAND SECURITY (DHS)

NEWLY PUBLISHED REGULATIONS

COAST GUARD (USCG)

Safety zone, Hudson Valley Triathlon, Ulster Landing, Hudson River, New York:Temporary final rule, published July 12, 2012,effective 7:30 a.m. to 8:30 a.m. July 15, 2012

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The Coast Guard establishes a temporary safety zone on the navigable waters of the Hudson Rivernear Ulster Landing, N.Y. for the 16th Annual Hudson Valley Triathlon swim event.Traveling through or anchoring within the safety zone are prohibited unless authorized by the Captain of the Port New York or the designated representative.

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TRANSPORTATION

TRANSPORTATION (DOT)

NEWLY PUBLISHED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, The Boeing Company airplanes, page 41041:Final rule, published July 12, 2012,effective Aug. 16, 2012

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PURPOSE: This airworthiness directive (AD)was prompted by several reports of

electrical arcs at terminal “A” of the electrically heated flight deck window 1 in a Boeing 747. This AD requires repetitive inspections for damage of the electrical connections at terminal “A” of the left and right flight deck window 1, and corrective actions if necessary. This AD also allows for replacing a flight deck window 1 with a new improved flight deck window 1 equipped with different electrical connections, which would terminate the repetitive inspections for that window. This AD requires actions intended to prevent smoke and fire in the cockpit, which could lead to loss of visibility, and injuries to or incapacitation of the flight crew.

SUMMARY: The Federal Aviation Administration adopts a new AD for certain Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes.

Airworthiness directives, The Boeing Company airplanes,page 41045:Final rule, published July 12, 2012,effective Aug. 16, 2012

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PURPOSE: This airworthiness directive (AD) was prompted by a report on certain Boeing 777 indicating that a fire originated near the first officer's area, which caused extensive damage to the flight deck. This AD requires replacing the low-pressure oxygen hoses with non-conductive low-pressure oxygen hoses in the flight compartment. This AD requires actions intended to prevent electrical current from passing through the low-pressure oxygen hose internal anti-collapse spring, which can cause the low-pressure oxygen hose to melt or burn, and a consequent oxygen-fed fire in the flight compartment.

SUMMARY: The Federal Aviation Administration adopts a new AD for certain Boeing Model 777-200, -200LR, -300, -300ER, and 777F series airplanes.

PROPOSED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Proposed establishment of Class E airspace,Fort Garland, Colorado:Notice of proposed rulemaking, published July 12, 2012,comments by Aug. 27, 2012

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The Federal Aviation Administration proposes to establish Class E airspace at TrincheraRanchAirstripAirport, Fort Garland, Colo., to accommodate aircraft using new Area Navigation Global Positioning System standard instrument approach procedures at theairport.

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