Courthouse News Service s4

COURTHOUSE NEWS SERVICE

Federal Regulation Brief

June 25, 2010

AGRICULTURE:

AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

AGRICULTURAL MARKETING SERVICE (AMS)

Final free and reserve percentages for 2009–10 crop Natural Seedless raisins, raisins produced from grapes grown in California: Affirmation of interim rule as final rule, published June 24, 2010, effective June 25, 2010, volume regulation percentages apply to acquisitions of Natural (sun-dried) Seedless raisins from the 2009-10 crop until the reserve raisins from that crop are disposed of under the marketing order

[TEXT]

The Department of Agriculture adopts, as a final rule, without change, an interim rule that established final volume regulation percentages of 85 percent free and 15 percent reserve for the 2009-10 crop of Natural Seedless raisins covered under the federal marketing order for California raisins. The percentages are intended to help stabilize raisin supplies and prices, and strengthen market conditions.

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RURAL UTILITIES SERVICE (RUS)

Special evaluation assistance for Rural Communities and Households Program: Final rule, published June 24, 2010, effective June 24, 2010

[TEXT]

The Rural Utilities Service issues a regulation to establish the Special Evaluation Assistance for Rural Communities and Households (SEARCH) Program as authorized by Section 306(a)(2) of the Consolidated Farm and Rural Development Act. The amendment added the new SEARCH grant program under which the RUS is authorized to make predevelopment planning grants for feasibility studies, design assistance, and technical assistance to financially distressed communities in rural areas with populations of 2,500 or fewer inhabitants for water and waste disposal projects.

PROPOSED REGULATIONS

AGRICULTURAL MARKETING SERVICE (AMS)

Milk in the Northeast and other marketing areas, correction: Proposed rule, published June 24, 2010, effective June 24, 2010

[TEXT]

The Agricultural Marketing Service corrects the proposed rule published in the June 14, 2010, Federal Register. The proposed rule inadvertently used the word “or” rather than “and” in the proposed amendment to Section 1000.15 paragraph (b)(1) that provides exceptions to the fluid milk product definition. This action corrects the proposed rule by revising that section and directs that a referendum be conducted on the proposed amendments in the corrected proposed rule.

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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, 2010 specifications for the spiny dogfish fishery: Final rule, published June 24, 2010, effective July 26, 2010 to April 30, 2011

[TEXT]

The National Marine Fisheries Service announces specifications and management measures for the spiny dogfish fishery for the 2010 fishing year implementing a spiny dogfish quota of 15 million lb for fishing year 2010, and maintains the possession limit of 3,000 lb.

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PATENT AND TRADEMARK OFFICE (USPTO)

Trademark technical and conforming amendments: Interim final rule with request for comments, published June 24, 2010, effective June 24, 2010, comments by Aug. 23, 2010

[TEXT]

The U.S. Patent and Trademark Office amends the Rules of Practice in Trademark Cases to implement the Trademark Technical and Conforming Amendment Act. The rule changes harmonize the framework for submitting trademark registration maintenance filings to the agency by permitting holders of international registrations with an extension of protection to the United States under the Madrid Protocol to file Affidavits or Declarations of Use or Excusable Nonuse at intervals identical to those for nationally issued registrations.

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COMMUNICATION (FCC)

NEWLY PUBLISHED REGULATIONS

Facilitating provision of fixed and mobile broadband access, educational and other advanced services (2150–2162 and 2500–2690 MHz bands): Correction, published June 24, 2010, effective July 15, 2010

[TEXT]

The Federal Communications Commission published an action in the June

15, 2010 Federal Register clarifying the requirements for Broadband Radio Service (BRS) and Educational Broadband Service (EBS) licensees to demonstrate substantial service and ensure that BRS licensees of new initial licenses are given a reasonable period of time to deploy service, while ensuring that spectrum is rapidly placed in use. The action contained an incorrect page number in reference to the BRS/EBS Third Further Notice of Proposed Rulemaking citation.

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ENVIRONMENT, ENERGY & RESOURCES:

ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

Significant new use rules on certain chemical substances: Direct final rule, published June 24, 2010, effective Aug. 23, 2010, promulgated at 1 p.m. Eastern Standard Time July 8, 2010, written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs by July 26, 2010

[TEXT]

The Environmental Protection Agency issues significant new use rules the Toxic Substances Control Act for 17 chemical substances which were the subject of premanufacture notices. Two of these chemical substances are subject to TSCA consent orders issued by the EPA. This action requires persons who intend to manufacture, import, or process any of these 17 chemical substances for an activity designated as a significant new use by this rule to notify the EPA at least 90 days before commencing that activity.

PROPOSED REGULATIONS

Approval and promulgation of implementation plans, designation of areas for air quality planning purposes, California, PM–10, redesignation of the Coso Junction planning area to attainment, approval of PM-10 Maintenance Plan for the Coso Junction planning area: Proposed rule, published June 24, 2010, comments by July 26, 2010

[TEXT]

The Environmental Protection Agency proposes to approve the state of California's request to redesignate to attainment the Coso Junction planning area, currently designated moderate nonattainment for the particulate matter of ten microns or less (PM-10) national ambient air quality standard. The EPA also proposes to approve the PM-10 emissions inventory and the maintenance plan for the CJPA area, which includes control measures for Owens Lake, the primary cause of PM-10 nonattainment for the CJPA. The California Air Resources Board has requested that the EPA “parallel process” the redesignation submittal, maintenance plan, and related SIP submissions.

Lead emissions from piston-engine aircraft using leaded aviation gasoline, extension of comment period: Advance notice of proposed rulemaking, extension of comment

Period to Aug. 27, 2010, published June 24, 2010, written comments by Aug. 27, 2010

[TEXT]

The Environmental Protection Agency is announcing a 60-day extension of the public comment period for the Advance Notice of Proposed Rulemaking on Lead Emissions From Piston-Engine Aircraft Using Leaded Aviation Gasoline published in the April 28, 2010 Federal Register. The public comment period was to end June 28, 2010.

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DEPARTMENT OF THE INTERIOR (DOI)

NEWLY PUBLISHED REGULATIONS

FISH AND WILDLIFE SERVICE (USFWS)

Endangered and threatened wildlife and plants, listing the flying earwig Hawaiian damselfly and Pacific Hawaiian damselfly as endangered throughout their ranges: Final rule, published June 24, 2010, effective July 26, 2010

[TEXT]

The U.S. Fish and Wildlife Service determines endangered status under the Endangered Species Act, for two species of Hawaiian damselflies, the flying earwig Hawaiian damselfly (Megalagrion nesiotes) on the island of Maui and the Pacific Hawaiian damselfly (M. pacificum) on the islands of Hawaii, Maui, and Molokai. This final rule implements the federal protections provided by the Act for these species. The agency also determines that critical habitat for these two Hawaiian damselflies is prudent, but not determinable at this time.

PROPOSED REGULATIONS

FISH AND WILDLIFE SERVICE (USFWS)

Endangered and threatened wildlife and plants, listing the Cumberland darter, rush darter, Yellowcheek darter, chucky madtom, and Llaurel dace as endangered throughout their ranges: Proposed rule, request for public comments, published June 24, 2010, comments by Aug. 23, 2010, requests for public hearings, in writing, by Aug. 9, 2010

[TEXT]

The U.S. Fish and Wildlife Service proposes to list the Cumberland darter (Etheostoma susanae), rush darter (Etheostoma phytophilum), yellowcheek darter (Etheostoma moorei), chucky madtom (Noturus crypticus), and laurel dace (Phoxinus saylori) as endangered under the Endangered Species Act. If the agency finalizes this rule as proposed, it would extend the Act's protections to these species throughout their ranges, including, Cumberland darter in Kentucky and Tennessee, rush darter in Alabama, yellowcheek darter in Arkansas, and chucky madtom and laurel dace in Tennessee. The agency has determined that critical habitat for these species is prudent, but not determinable at this time.

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NUCLEAR REGULATORY COMMISSION (NRC)

PROPOSED REGULATIONS

Requirements for distribution of byproduct material: Proposed rule, published June 24, 2010, comment period expires Sept. 7, 2010, comments specific to the information collections aspects of this rule by July 26, 2010

[TEXT]

The Nuclear Regulatory Commission proposes to make requirements for distributors of byproduct material clearer, less prescriptive, and more risk-informed and up to date. The agency also proposes to redefine categories of devices to be used under exemptions, add explicit provisions regarding the sealed source and device registration process, and add flexibility to the licensing of users of sealed sources and devices.

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HEALTH:

HEALTH AND HUMAN SERVICES (HHS)

NEWLY PUBLISHED REGULATIONS

Establishment of the temporary certification program for health information technology: Final rule, published June 24, 2010, effective June 24, 2010

[TEXT]

The Department of Health and Human Services establishes a temporary certification program for the purposes of testing and certifying health information technology. This final rule is established under the authority granted to the National Coordinator for Health Information Technology by Section 3001(c)(5) of the Public Health Service Act, as added by the Health Information Technology for Economic and Clinical Health Act. The National Coordinator will utilize the temporary certification program to authorize organizations to test and certify Complete Electronic Health Records (EHRs) and/or EHR Modules, thereby making Certified EHR Technology available prior to the date on which health care providers seeking incentive payments available under the Medicare and Medicaid EHR Incentive Programs may begin demonstrating meaningful use of Certified EHR Technology.

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HOUSING:

HOUSING AND URBAN DEVELOPMENT (HUD)

PROPOSED REGULATIONS

Native American Housing Assistance and Self-Determination Reauthorization Act of 2008, negotiated rulemaking committee meeting: Notice of negotiated rulemaking committee meeting, published June 24, 2010, committee meeting 8 a.m. to 5 p.m. Aug. 17, 2010, Aug. 18, 2010, and Aug. 19, 2010

[TEXT]

Office of the Assistant Secretary for Public and Indian Housing announces the sixth meeting of the negotiated rulemaking committee to discuss and negotiate a proposed rule that would change the regulations for the Indian Housing Block Grant program and the Title VI Loan Guarantee program.

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MONEY:

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)

PROPOSED REGULATIONS

Community Reinvestment Act Regulations: Notice of proposed rulemaking, published June 24, 2010, comments by July 26, 2010

[TEXT]

The Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation and the Office of Thrift Supervision propose to revise provisions of their rules implementing the Community Reinvestment Act. The agencies propose to revise the term “community development” to include loans, investments, and services by financial institutions that support, enable, or facilitate projects or activities that meet the criteria described in the Housing and Economic Recovery Act (HERA) and are conducted in designated target areas identified in plans approved by the U.S. Department of Housing and Urban Development. The proposed rule would provide favorable CRA consideration to such activities that, under the requirements of the program, benefit low-, moderate-, and middle-income individuals and geographies in designated target areas. Such consideration would include covered activities within an institution's assessment areas and outside of its assessment areas, as long as the institution has adequately addressed the community development needs of its assessment areas. As proposed, favorable consideration under the new rule would only be available no later than two years after the last date appropriated funds for the program are required to be spent by the grantees.

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FEDERAL RESERVE SYSTEM (FRS)

PROPOSED REGULATIONS

Community Reinvestment Act Regulations: Notice of proposed rulemaking, published June 24, 2010, comments by July 26, 2010

[TEXT]

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TREASURY (USDT)

PROPOSED REGULATIONS

COMPTROLLER OF THE CURRENCY (OCC)

Community Reinvestment Act Regulations: Notice of proposed rulemaking, published June 24, 2010, comments by July 26, 2010

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