COURTHOUSE NEWS SERVICE
Federal Regulation Brief
April 24, 2012
COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
ECONOMIC ANALYSIS BUREAU (BEA)
International services surveys and direct investment surveys reporting: Final rule, published April 24, 2012, effective May 24, 2012
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The Bureau of Economic Analysis establishes general guidelines for how it collects data on international trade in services and direct investment surveys, provided for by the International Investment and Trade in Services Survey Act. This final rule modifies the BEA’s regulations to allow the BEA to issue surveys through notices rather than through notice and comment rulemaking. It also provides a more general framework for how the BEA collects data on these surveys required, or provided for, by the statutes.
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COMMUNICATION (FCC)
PROPOSED REGULATIONS
Foreign ownership policies: Proposed rule, published April 24, 2012, comments by May 15, 2012, reply comments by May 25, 2012
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The International Bureau of the Federal Communications Commission requests further comments on an approach to policies and procedures that apply to foreign ownership of common carrier radio station licensees under the Communications Act, because this approach was not discussed in the original notice of proposed rulemaking or in the comments filed to date in response to the notice of proposed rulemaking.
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ENVIRONMENT, ENERGY & RESOURCES:
ENERGY (DOE)
NEWLY PUBLISHED REGULATIONS
Energy Conservation Program, test procedures for residential clothes washers: Final rule, correction, published April 24, 2012, effective April 24, 2012
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The Office of Energy Efficiency and Renewable Energy, Department of Energy, corrects the provisions for calculating the annual operating cost of residential clothes washers. In the March 7, 2012 final rule establishing new and amended test procedures for residential clothes washers, effective April 6, 2012, the DOE erroneously referenced the new test procedure, rather than the currently effective test procedure, in one section of the provisions for calculating annual operating cost.
PROPOSED REGULATIONS
FEDERAL ENERGY REGULATORY COMMISSION (FERC)
Standards for business practices and communication protocols for public utilities: Notice of proposed rulemaking, published April 24, 2012, comments by June 25, 2012
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The Federal Energy Regulatory Commission proposes to amend its regulations to incorporate by reference the business practice standards adopted by the Wholesale Electric Quadrant of the North American Energy Standards Board (NAESB) regarding the measurement and verification of demand response and energy efficiency resources participating in organized wholesale electricity markets. The NAESB adopted the measurement and verification of demand response standards in response to the FERC's findings in Order No. 676-F.
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ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Approval and promulgation of air quality implementation plans, North Carolina, annual emissions reporting: Direct final rule, published April 24, 2012, effective June 25, 2012 unless adverse comments are received by May 24, 2012
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The Environmental Protection Agency approves a part of a state implementation plan (SIP) revision submitted Jan. 31, 2008, by North Carolina to meet the emissions statements requirement for Charlotte, North Carolina. The EPA approves the addition of Cabarrus, Lincoln, Rowan, and Union Counties in their entireties and Davidson Township and Coddle Creek Township in Iredell County to the annual emissions reporting requirement into the North Carolina SIP.
Approval and promulgation of air quality implementation plans, Maine, regional haze: Final rule, published April 24, 2012, effective May 24, 2012
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The Environmental Protection Agency approves a revision to the Maine State Implementation Plan (SIP) that addresses regional haze for the first planning period from 2008 through 2018, submitted Dec. 9, 2010, with supplemental submittals Sept. 14, 2011, and Nov. 9, 2011. This revision addresses the requirements of the Clean Air Act and the EPA's rules that require states to prevent any future, and remedy any existing, manmade impairment of visibility in mandatory Class I Areas caused by emissions of air pollutants from numerous sources over a wide geographic area (regional haze program).
Approval and promulgation of implementation plans, Tennessee, Regional Haze State Implementation Plan: Final rule, published April 24, 2012, effective May 24, 2012
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The Environmental Protection Agency finalizes a limited approval and a limited disapproval of a revision to the Tennessee State Implementation Plan (SIP) submitted by Tennessee April 4, 2008. The EPA finalizes a limited approval of Tennessee's April 4, 2008, SIP revision, except for the Eastman Chemical Company
Best Available Retrofit Technology determination, to implement the regional haze requirements for Tennessee on the basis that this SIP revision, as a whole, strengthens the Tennessee SIP. Also in this action, EPA finalizes a limited disapproval of this same SIP revision due to the deficiencies in the state's regional haze SIP revision arising from the remand by the U.S. Court of Appeals for the District of Columbia Circuit to the EPA of the Clean Air Interstate Rule.
Approval and promulgation of implementation plans, Georgia, approval of substitution for transportation control measures: Final rule, notice of administrative change, published April 24, 2012, effective April 24, 2012
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The Environmental Protection Agency makes an administrative change to update the Code of Federal Regulations to reflect a change made to the Georgia State
Implementation Plan (SIP) Nov. 5, 2009, as a result of the EPA's concurrence on a substitute transportation control measure for the Atlanta part of the Georgia SIP. In this administrative action, the EPA updates the non-regulatory provisions of the Georgia SIP to reflect the substitution.
Approval and promulgation of implementation plans, Georgia, Atlanta, ozone 2002 base year emissions inventory: Direct final rule, published April 24, 2012, effective June 25, 2012 unless adverse comments are received by May 24, 2012
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The Environmental Protection Agency approves the ozone 2002 base year emissions inventory, part of the state implementation plan revision submitted by Georgia Oct. 21, 2009. The emissions inventory is part of the Atlanta, Georgia, ozone attainment demonstration submitted for the 1997 8-hour ozone national ambient air quality standards.
Direct final approval of Hospital/Medical/Infectious Waste Incinerators State Plan for designated facilities and pollutants, Illinois: Direct final rule, published April 24, 2012, effective June 25, 2012, unless adverse comments are received by May 24, 2012
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The Environmental Protection Agency approves Illinois' revised State Plan to control air pollutants from Hazardous/Medical/Infectious Waste Incinerators (HMIWI), submitted Nov. 8, 2011 and supplemented Dec. 28, 2011. The revised State Plan is consistent with revised Emission Guidelines issued by the EPA Oct. 6, 2009. This approval means that the EPA finds that the revised State Plan meets applicable Clean Air Act requirements for subject HMIWI units. Once effective, this approval also makes the revised State Plan federally enforceable.
Direct final approval of Hospital/Medical/Infectious Waste Incinerators State Plan for designated facilities and pollutants, Indiana: Direct final rule, published April 24, 2012, effective June 25, 2012, unless adverse comments are received by May 24, 2012
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The Environmental Protection Agency approves Indiana's revised State Plan to control air pollutants from Hazardous/Medical/Infectious Waste Incinerators
(HMIWI), submitted Dec. 14, 2011. The revised State Plan is consistent with revised Emission Guidelines issued by the EPA Oct. 6, 2009. This approval means that the EPA finds that the revised State Plan meets applicable Clean Air Act requirements for subject HMIWI units. Once effective, this approval also makes the revised State Plan federally enforceable.
Modification of significant new uses of tris carbamoyl triazine: Final rule, technical amendment, published April 24, 2012, effective April 24, 2012
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The Environmental Protection Agency implements a technical correction for a March 7, 2012 rule. Specifically, the correction involves the removal of a cross-reference that was erroneously included in a Feb. 8, 2012 final rule.
PROPOSED REGULATIONS
Approval and promulgation of air quality implementation plans, Wisconsin, Milwaukee-Racine Nonattainment Area, determination of attainment for the 2006 24-hour fine particle standard: Proposed rule, published April 24, 2012, comments by May 24, 2012
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The Environmental Protection Agency proposes to determine that the Milwaukee-Racine, Wisconsin area has attained the 2006 24-hour fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS). This proposed determination is based upon quality assured, quality controlled, and certified ambient air monitoring data, from the 2008-2010 monitoring period, supplemented by statistical analysis of these data, showing that the area has monitored attainment of the 2006 24-hour PM2.5 NAAQS. Data available to date for 2011 are consistent with continued attainment. On March 7, 2011, the Wisconsin Department of Natural Resources requested that the EPA approve its request for a determination that the Milwaukee-Racine area has attained the standard. If EPA finalizes this proposed determination, the requirement for Wisconsin to submit an attainment demonstration, associated reasonably available control measures to include reasonably available control technology, a reasonable further progress plan, contingency measures, and other planning State Implementation Plan revisions regarding attainment of the standard shall be suspended for so long as the area continues to attain the 2006 24-hour PM2.5 NAAQS.
Approval and promulgation of air quality implementation plans, North Carolina, annual emissions reporting: Proposed rule, published April 24, 2012, written comments by May 24, 2012
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The Environmental Protection Agency proposes to approve a part of a State
Implementation Plan (SIP) revision submitted Jan. 31, 2008, by North Carolina, to meet its emissions statements requirement. The EPA proposes to approve the addition of Cabarrus, Lincoln, Rowan, and Union Counties in their entireties and Davidson Township and Coddle Creek Township in Iredell County to the annual emissions reporting requirement into the North Carolina SIP.
Approval and promulgation of implementation plans, Georgia, Atlanta, ozone 2002 base year emissions inventory: Proposed rule, published April 24, 2012, written comments by May 24, 2012
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The Environmental Protection Agency proposes to approve the ozone 2002 base year emissions inventory part of the state implementation plan (SIP) revision submitted by Georgia Oct. 21, 2009. The emissions inventory is part of the Atlanta, Georgia, ozone attainment demonstration submitted for the 1997 8-hour ozone national ambient air quality standards. In the rules section, the EPA approves Georgia's SIP revision as a direct final rule without prior proposal because the EPA views this as a noncontroversial submittal, and anticipates no adverse comments.
Approval and promulgation of implementation plans, California, revisions to the California State Implementation Plan pesticide element: Proposed rule, published April 24, 2012, comments by May 24, 2012
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The Environmental Protection Agency proposes to approve several revisions to the Pesticide Element of the California state implementation plan (SIP). These revisions include regulations adopted by the California Department of Pesticide Regulation (CDPR) that: (1) Reduce volatile organic compound (VOC) emissions from the application of agricultural field fumigants in the South Coast, Southeast Desert, Ventura, San Joaquin Valley (SJV), and Sacramento Metro ozone nonattainment areas by restricting fumigant application methods; (2) establish a contingency fumigant emissions limit and allocation system for Ventura; (3) require the CDPR to prepare and make available to the public an annual pesticide VOC emissions inventory report; and (4) require recordkeeping and reporting of pesticide usage. The EPA also proposes to approve the CDPR's commitments to manage VOC emissions from the use of agricultural and commercial structural pesticides in the SJV to ensure that they do not exceed 18.1 tons per day and to implement restrictions on VOC emissions in the SJV from non-fumigant pesticides by 2014. Lastly, the EPA provides its response to a remand by the Ninth Circuit Court of Appeals of the EPA's 2009 approval of a revision to the California SIP regarding reducing VOC emissions from pesticides.
Direct final approval of Hospital/Medical/Infectious Waste Incinerators State Plan for designated facilities and pollutants, Illinois: Proposed rule, published April 24, 2012, comments by May 24, 2012
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The Environmental Protection Agency proposes to Illinois' revised State Plan to control air pollutants from Hazardous/Medical/Infectious Waste Incinerators (HMIWI). The Illinois Environmental Protection Agency submitted the revised State Plan Nov. 8, 2011 and supplemented it Dec. 28, 2011, following the required public process. The revised State Plan is consistent with Emission Guidelines issued by the EPA Oct. 6, 2009. This approval means that the EPA finds that the revised State Plan meets applicable Clean Air Act requirements for subject HMIWI units. Once effective, this approval also makes the revised State Plan federally enforceable.
Direct final approval of Hospital/Medical/Infectious Waste Incinerators State Plan for designated facilities and pollutants, Indiana: Proposed rule, published April 24, 2012, comments by May 24, 2012
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The Environmental Protection Agency proposes to approve, through direct final rulemaking, Indiana's revised State Plan to control air pollutants from Hazardous/Medical/Infectious Waste Incinerators (HMIWI). The Indiana Department of Environmental Management submitted the revised State Plan Dec. 19, 2011, following the required public process. The revised State Plan is consistent with Emission Guidelines issued by the EPA Oct. 6, 2009. This approval means that the EPA finds that the revised State Plan meets applicable Clean Air Act requirements for subject HMIWI units. Once effective, this approval also makes the revised State Plan federally enforceable.
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GOVERNMENT:
PRESIDENTIAL DOCUMENTS
EXECUTIVE ORDERS
Blocking the Property and Suspending Entry Into the United States of Certain Persons With Respect to Grave Human Rights Abuses by the Governments of Iran and Syria via Information Technology: Published April 24, 2012
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Executive Order 13606 of April 22, 2012: Blocking the Property and Suspending Entry Into the United States of Certain Persons With Respect to Grave Human Rights Abuses by the Governments of Iran and Syria via Information Technology.
President Barack Obama, determines that the commission of serious human rights abuses against the people of Iran and Syria by their governments, facilitated by computer and network disruption, monitoring, and tracking by those governments, and abetted by entities in Iran and Syria that are complicit in their governments' malign use of technology for those purposes, threaten the national security and foreign policy of the United States. The president orders that all property and interests in property under the legal jurisdiction of the United States belonging to persons or entities determined by the Secretary of the Treasury and the Secretary of State to be complicit with the governments of Iran and Syria be frozen and that it may not be transferred, paid, exported, or withdrawn. In addition the president bans the entry of such persons into the United States consistent with the Presidential Proclamation 8693 Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions.