COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Aug. 8, 2011
COMMERCE:
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
PROPOSED REGULATIONS
Consumer registration of durable infant or toddler products: Notice of proposed rulemaking, published Aug. 8, 2011, comments by Oct. 24, 2011
[TEXT] [PDF]
The Consumer Product Safety Commission proposes to clarify and correct some of the requirements of a final rule requiring manufacturers of durable infant or toddler products to establish a consumer registration program.
------
------
------
ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Approvals and promulgations of air quality implementation plans, California, interstate transport of pollution, interference with Prevention of Significant Deterioration requirement: Final rule, published Aug. 8, 2011, effective Sept. 7, 2011
[TEXT]
The Environmental Protection Agency finalizes a limited approval and limited disapproval of a state implementation plan (SIP) revision submitted by California Nov. 17, 2007, to address the “transport SIP” provisions of Clean Air Act for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) and the 1997 fine particulate matter NAAQS. The act requires that each SIP contain, among other things, adequate measures prohibiting emissions of air pollutants in amounts that will interfere with any other state's measures required under Title I, Part C of the CAA to prevent significant deterioration of air quality. The EPA approves California's SIP revision regarding those districts that implement SIP-approved permit programs meeting the approval criteria and simultaneously disapproving California's SIP revision regarding those districts that do not implement SIP-approved permit programs meeting the approval criteria, as discussed in the EPA’s May 31, 2011 proposed rule.
Federal implementation plans, interstate transport of fine particulate matter and ozone and correction of SIP approvals: Final rule, published Aug. 8, 2011, effective Oct. 7, 2011
[TEXT]
The Environmental Protection Agency limits the interstate transport of emissions of nitrogen oxides and sulfur dioxide that contribute to harmful levels of fine particle matter and ozone in downwind states. The EPA identifies emissions within 27 states in the eastern United States that significantly affect the ability of downwind states to attain and maintain compliance with the 1997 and 2006 fine particulate matter national ambient air quality standards (NAAQS) and the 1997 ozone NAAQS. Also, the EPA limits these emissions through Federal Implementation Plans (FIPs) that regulate electric generating units in the 27 states. The EPA also modifies its prior approvals of certain State Implementation Plan (SIP) submissions to rescind any statements that the submissions in question satisfy the interstate transport requirements of the Clean Air Act or that the EPA's approval of the SIPs affects its authority to issue interstate transport FIPs regarding the 1997 fine particulate and 1997 ozone standards for 22 states. The EPA also issues a supplemental proposal to request comment on its conclusion that six additional states significantly affect downwind states' ability to attain and maintain compliance with the 1997 ozone NAAQS.
Limited federal implementation plan, Prevention of Significant Deterioration,
California, North Coast Unified Air Quality Management District: Final rule, published Aug. 8, 2011, effective Sept. 7, 2011
[TEXT]
The Environmental Protection Agency finalizes a limited Federal Implementation Plan (FIP) for the North Coast Unified Air Quality Management District part of the California State Implementation Plan (SIP). The EPA proposed this action simultaneously with its proposed limited approval and limited disapproval of a SIP revision submitted by California to address the “transport SIP” provisions of the Clean Air Act for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) and the 1997 fine particulate matter NAAQS. This limited FIP establishes Federal Prevention of Significant Deterioration permitting requirements for nitrogen oxides emission sources only in the North Coast Unified Air Quality Management District.
Significant new use rules, cobalt lithium manganese nickel oxide: Final rule, published Aug. 8, 2011, effective Sept. 7, 2011
[TEXT]
The Environmental Protection Agency issues a significant new use rule under the Toxic Substances Control Act for the chemical substance identified as cobalt lithium manganese nickel oxide, because the substance may be hazardous to human health and the environment. The substance was the subject of premanufacture notice P-04-269. This action requires those who intend to manufacture, import, or process the chemical substance for a use designated as a significant new use by this final rule to notify the EPA at least 90 days before commencing that activity. The required notification would provide the EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.
PROPOSED REGULATIONS
Hazardous chemical reporting, revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II): Proposed rule, published Aug. 8, 2011, comments by Oct. 7, 2011
[TEXT]
The U.S Environmental Protection Agency proposes to revise the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II) under Section 312 of the Emergency Planning and Community Right-to-Know Act to add new data elements and revise some existing data elements.
Hazardous waste management system, identification and listing of hazardous waste, carbon dioxide (CO) streams in geologic sequestration activities: Proposed rule, published Aug. 8, 2011, comments by Oct. 7, 2011, comments on the information collection provisions to the Office of Management and Budget by Sept. 7, 2011
[TEXT]
The Environmental Protection Agency proposes to revise the regulations for hazardous waste management under the Resource Conservation and Recovery Act (RCRA) to conditionally exclude carbon dioxide streams that are hazardous from the definition of hazardous waste, provided these hazardous carbon dioxide (CO2) streams are captured from emission sources, are injected into Class VI Underground Injection Control wells for geologic sequestration (GS), and meet certain other conditions. The EPA takes this action because it believes that the management of these CO2 streams under the proposed conditions does not present a substantial risk to human health or the environment, and therefore additional regulation under the RCRA's hazardous waste regulations is unnecessary. The EPA expects this change to substantially reduce the uncertainty associated with identifying these CO2 streams under RCRA subtitle C, and facilitate the deployment of GS by providing additional regulatory certainty.
Secondary National Ambient Air Quality Standards for oxides of nitrogen and sulfur, public hearing: Announcement of public hearing, published Aug. 8, 2011, public hearing Aug. 25, 2011
[TEXT]
The Environmental Protection Agency announces a public hearing for the proposed rule titled “Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Sulfur” published in the Aug. 1, 2011 Federal Register. The hearing will be held in Arlington, Va., Aug. 25, 2011.
------
------
------
DEPARTMENT OF THE INTERIOR (DOI)
PROPOSED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)
Migratory bird hunting regulations, certain federal Indian reservations and ceded lands for the 2011–12 season: Proposed rule, published Aug. 8, 2011, comments postmarked or received by Aug. 18, 2011
[TEXT]
The U.S. Fish and Wildlife Service proposes special migratory bird hunting regulations for certain tribes on federal Indian reservations, off-reservation trust lands, and ceded lands for the 2011-12 migratory bird hunting season. This proposed rule responds to tribal requests for agency recognition of tribal authority to regulate hunting under established guidelines. This proposed rule would allow the establishment of season bag limits and, thus, harvest, at levels compatible with populations and habitat conditions.
------
------
------
GOVERNMENT:
STATE DEPARTMENT (DOS)
NEWLY PUBLISHED REGULATIONS
International Traffic in Arms Regulations, updates to country policies, and other changes: Final rule, published Aug. 8, 2011, effective Aug. 8, 2011
[TEXT]
The Department of State amends the International Traffic in Arms Regulations to update country policies regarding Afghanistan, Cote d’Ivoire, Cyprus, the Democratic Republic of the Congo, Eritrea, Fiji, Iraq, Lebanon, Liberia, North Korea, Sierra Leone, Somalia, Sri Lanka, Yemen and Zimbabwe, and to correct administrative and typographical errors.
------
------
------
HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
NEWLY PUBLISHED REGULATIONS
CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)
Medicare Program, prospective payment system and consolidated billing for skilled nursing facilities for FY 2012: Final rule, published Aug. 8, 2011, effective Oct. 1, 2011
[TEXT][PDF]
The Centers for Medicare & Medicaid Services update the payment rates used under the prospective payment system for skilled nursing facilities (SNFs) for fiscal year 2012. In addition, it recalibrates the case-mix indexes so that they more accurately reflect parity in expenditures between RUG-IV and the previous case-mix classification system. It also includes a discussion of a Non-Therapy Ancillary component currently under development within the CMS. In addition, this final rule discusses the impact of certain provisions of the Affordable Care Act, and reduces the SNF market basket percentage by the multi-factor productivity adjustment. This rule also implements certain changes relating to the payment of group therapy services and implements new resident assessment policies.
PROPOSED REGULATIONS
FOOD AND DRUG ADMINISTRATION (FDA)
Requirement for premarket approval for cardiovascular permanent pacemaker electrode: Proposed rule, published Aug. 8, 2011, either electronic or written comments by Nov. 7, 2011, requests for a change in classification by Aug. 23, 2011, if a final rule based on this proposed rule is issued, anyone who wishes to continue to market the device will need to submit a premarket approval application within 90 days of the effective date of the final rule, see Section XI for the proposed effective date of any final rule that may publish based on this proposal
[TEXT]
The Food and Drug Administration proposes to require the filing of a premarket approval application or a notice of completion of a product development protocol for the following class III preamendments device: Cardiovascular permanent pacemaker electrode. The agency also summarizes its proposed findings regarding the degree of risk of illness or injury designed to be eliminated or reduced by requiring this device to meet the statute's approval requirements and the benefits to the public from the use of the device. In addition, the agency announces the opportunity for interested persons to request that the agency change the classification of the cardiovascular permanent pacemaker electrode based on new information. This action implements certain statutory requirements.
Requirement for premarket approval for Cranial Electrotherapy Stimulator: Proposed rule, published Aug. 8, 2011, electronic or written comments by Nov. 7, 2011, requests for a change in classification by Aug. 23, 2011, if a final rule based on this proposed rule is issued, anyone who wishes to continue to market the device will need to submit a premarket approval application within 90 days of the effective date of the final rule, see Section XII for the effective date of any final rule that may publish based on this proposal
[TEXT][PDF]
The Food and Drug Administration proposes to require the filing of a premarket approval application or a notice of completion of a product development protocol for the Cranial Electrotherapy Stimulator. The agency also summarizes its proposed findings regarding the degree of risk of illness or injury designed to be eliminated or reduced by requiring this device to meet the statute's approval requirements and the benefits to the public from the use of the device. In addition, the agency announces the opportunity for interested persons to request that the agency change the classification of the cranial electrotherapy stimulator based on new information. This action implements certain statutory requirements.
------
------
------
NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Safety zone, Allegheny River, Pittsburgh, Pennsylvania: Temporary final rule, published Aug. 8, 2011, effective 9:30 p.m. Aug. 6 to 11 p.m. Aug. 7, 2011
[TEXT]
The U.S. Coast Guard establishes a temporary safety zone on the Allegheny River from mile marker 5.7 to mile marker 5.9 (the parking area on either side of the 13th Street boat ramp), extending 300 feet from the right descending bank for the Guyasuta Days Festival fireworks display.
Security zone, 2011 Seattle Seafair Fleet Week moving vessels, Puget Sound, Washington: Temporary final rule correction, published Aug. 8, 2011, effective 8 a.m. Aug. 3 to 5 p.m. Aug. 8, 2011
[TEXT]
The U.S. Coast Guard corrects the list of visiting military vessels in a July 11, 2011 temporary final rule that established temporary security zones around visiting foreign and domestic military vessels participating in the 2011 Seattle’s Seafair Fleet Week.
PROPOSED REGULATIONS
COAST GUARD (USCG)
International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, changes to domestic endorsements: Notice of public meetings correction, published Aug. 8, 2011
[TEXT]
The U.S. Coast Guard corrects an Aug. 2, 2011 notice of public meetings in which an incorrect publication date was cited for a supplemental notice of proposed rulemaking entitled “Implementation of the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and Changes to Domestic Endorsements.”
Regulated navigation areas, Zidell waterfront property, Willamette River, Oregon: Notice of proposed rulemaking, published Aug. 8, 2011, comments by Nov. 7, 2011
[TEXT]
The U.S. Coast Guard proposes the establishment of a regulated navigation area at the Zidell waterfront property on the Willamette River in Portland, Ore., to preserve the integrity of an engineered sediment cap as part of an Oregon Department of Environmental Quality required remedial action.
------
------
------
TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, page 47985: Final rule, published Aug. 8, 2011, effective Aug. 8, 2011, compliance dates complex
[TEXT]
The Federal Aviation Administration amends Standard Instrument Approach Procedures for operations at certain airports. These regulatory actions are due to changes in the National Airspace System, such as the commissioning of new navigational facilities, adding of new obstacles, or changing air traffic requirements.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, page 47988: Final rule, published Aug. 8, 2011, effective Aug. 8, 2011, compliance dates complex
[TEXT]
The Federal Aviation Administration amends Standard Instrument Approach Procedures for operations at certain airports. These regulatory actions are due to changes in the National Airspace System, such as the commissioning of new navigational facilities, adding of new obstacles, or changing air traffic requirements.