COURTHOUSE NEWS SERVICE
Federal Regulation Brief
June 29, 2010
COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
INDUSTRY AND SECURITY BUREAU (BIS)
Addition and removal of certain parties on the Entity List, addition of parties acting contrary to the national security or foreign policy interests of the United States, removal of a party based on a removal request: Final rule, published June 28, 2010, effective June 28, 2010, comments welcome on a continuing basis
[TEXT]
The Bureau of Industry and Security adds twenty-four parties to the Entity List, who have been determined by the U.S. government to be acting contrary to the national security or foreign policy interests of the United States. These parties will be listed under the following nine destinations on the Entity List: Belarus, China, Hong Kong, Iran, Malaysia, New Zealand, Norway, South Africa and the United Kingdom. This action also removes one party in Hong Kong from the list. The Entity List provides notice to the public that certain exports, re-exports and transfers (in-country) to parties identified on the list require a license from the agency and that availability of license exceptions in such transactions is limited.
Revisions to the Export Administration Regulations based upon a systematic review of the Commerce Control List, additional changes: Final rule, published June 28, 2010, effective June 28, 2010, comments welcome on a continuing basis
[TEXT]
The Bureau of Industry and Security amends the Export Administration Regulations (EAR) to make revisions to the EAR as a result of a systematic review of the Commerce Control List (CCL). This action is the third phase of the regulatory implementation of the results of a review of the CCL conducted by the agency starting in 2007. The revisions in this action include clarifications to existing controls; eliminating redundant or outdated controls; and establishing more focused and rationalized controls. This rule also makes CCL related changes to other parts of the EAR, including CCL related definitions and license exceptions.
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NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the northeastern United States, Atlantic sea scallop fishery, Framework Adjustment 21: Final rule, published June 28, 2010, effective June 28, 2010
[TEXT]
The National Marine Fisheries Service implements measures specified in Framework Adjustment 21 to the Atlantic Sea Scallop Fishery Management Plan, developed by the New England Fishery Management Council. Framework 21 specifies the following management measures for the 2010 scallop fishery: total allowable catch (TAC); open area days-at-sea (DAS) and Sea Scallop Access Area (access area) trip allocations; DAS adjustments if an access area yellowtail flounder TAC is caught; limited access general category (LAGC) access area trip allocations; management measures to minimize impacts of incidental take of sea turtles as required by the March 14, 2008 Atlantic Sea Scallop Biological Opinion; minor adjustments to the LAGC individual fishing quota program; and minor adjustments to the industry-funded observer program. This action also adjusts regulatory language to eliminate duplicative and outdated text, and to clarify provisions in the regulations that are currently unclear.
PROPOSED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
International fisheries, South Pacific tuna fisheries, procedures to request licenses and a system to allocate licenses: Proposed rule, published June 28, 2010, written comments by Aug. 12, 2010
[TEXT]
Under authority of the South Pacific Tuna Act of 1988 (SPTA), the National Marine Fisheries Service proposes regulations to modify the procedures that U.S. purse seine vessels use to request fishing licenses to fish in areas managed under the SPTA. This action also would establish a system for allocating licenses in the event more applications are received than there are licenses available. The allocation system is needed because the number of applications is approaching the number of available licenses, and may exceed that number. The regulations for vessels licensed under the SPTA would also be modified to require that the vessel monitoring system units, also known as mobile transmitting units, installed and carried on the vessels are a type that is agency-approved.
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COMMUNICATION (FCC)
NEWLY PUBLISHED REGULATIONS
Amendment of the Schedule of Application Fees set: Correcting amendment, published June 28, 2010, effective June 28, 2010
[TEXT]
The Federal Communications Commission corrects Section 1.1113 (c) referenced in the Jan. 29, 2009 Federal Register.
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POSTAL SERVICE (USPS)
NEWLY PUBLISHED REGULATIONS
Express Mail Next Day Delivery postage refund amendment: Final rule, published June 28, 2010, effective Aug. 2, 2010
[TEXT]
The U.S. Postal Service revises the Mailing Standards of the United States Postal Service, Domestic Mail Manual 114.2, 414.3, and 604.9, to state the conditions for Express Mail Next Day Delivery postage refunds when shipments are mailed each year from Dec. 22 through Dec. 25.
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EMPLOYMENT
LABOR (DOL)
NEWLY PUBLISHED REGULATIONS
EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)
Patient Protection and Affordable Care Act, preexisting condition exclusions, lifetime and annual limits, rescissions, and patient protections: Interim final rules with request for comments, published June 28, 2010, effective Aug. 27, 2010, comments by Aug. 27, 2010, applicability dates complex
[TEXT]
The Internal Revenue Service, Department of the Treasury, the Employee Benefits Security Administration, Department of Labor, and the Office of Consumer Information and Insurance Oversight, Department of Health and Human Services publish interim final regulations implementing the rules for group health plans and health insurance coverage in the group and individual markets under provisions of the Patient Protection and Affordable Care Act regarding preexisting condition exclusions, lifetime and annual dollar limits on benefits, rescissions, and patient
protections.
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ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Final authorization of state-initiated changes and incorporation by reference of state hazardous waste management program, Arkansas: Direct final rule, published June 28, 2010, effective Aug. 27, 2010, unless the Environmental Protection Agency receives adverse written comment by the close of business July 28, 2010
[TEXT]
During a review of Arkansas' regulations, the Environmental Protection Agency identified a variety of state-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), and corrects technical errors made in the April 24, 2002, and Aug. 15, 2007, Federal Register authorization actions for Arkansas. The EPA has determined that these changes are minor and satisfy all requirements needed to qualify for final authorization and authorize the state-initiated changes through this direct final action.
The Solid Waste Disposal Act, as amended, commonly referred to as the RCRA, allows the EPA to authorize states to operate their hazardous waste management programs in lieu of the federal program. The EPA uses the regulations entitled “Approved State Hazardous Waste Management Programs” to provide notice of the authorization status of state programs and to incorporate by reference those provisions of the state statutes and regulations that will be subject to the EPA's inspection and enforcement. The rule codifies in the regulations the prior approval of Arkansas hazardous waste management program and incorporates by reference authorized provisions of the state's statutes and regulations.
Incorporation by reference of approved state hazardous waste management program, Oklahoma: Direct final rule, published June 28, 2010, effective Aug. 27, 2010, unless the Environmental Protection Agency receives adverse written comment by the close of business July 28, 2010
[TEXT]
The Solid Waste Disposal Act, as amended, 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. The EPA uses the regulations entitled “Approved State Hazardous Waste Management Programs” to provide notice of the authorization status of state programs and to incorporate by reference those provisions of the state statutes and regulations that will be subject to the EPA's inspection and enforcement. The rule codifies in the regulations the prior approval of Oklahoma's hazardous waste management program and incorporates by reference authorized provisions of the state's statutes and regulations.
PROPOSED REGULATIONS
Final authorization of state-initiated changes and incorporation by reference of state hazardous waste management program, Arkansas: Proposed rule, published June 28, 2010, written comments by July 28, 2010
[TEXT]
During a review of Arkansas' regulations, the Environmental Protection Agency identified a variety of state-initiated changes to Arkansas' hazardous waste program under the Resource Conservation and Recovery Act (RCRA), for which the state had not previously sought authorization. The EPA proposes to authorize the state for the program changes. In addition, the EPA proposes to codify in the regulations entitled “Approved State Hazardous Waste Management Programs”, Arkansas' authorized hazardous waste program. The EPA will incorporate by reference into the Code of
Federal Regulations those provisions of the state regulations authorized and that the EPA will enforce under the RCRA.
Incorporation by reference of state hazardous waste management program, Oklahoma: Proposed rule, published June 28, 2010, written comments by July 28, 2010
[TEXT]
The Environmental Protection Agency proposes to codify in the regulations entitled
“Approved State Hazardous Waste Management Programs”, Oklahoma's authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations those provisions of the state regulations authorized and that the EPA will enforce under the Solid Waste Disposal Act, commonly referred to as the
Resource Conversation and Recovery Act (RCRA). In the “Rules and Regulations'' section of the June 28, 2010 Federal Register, the EPA codifies and incorporates by reference the state's hazardous waste program as an immediate final rule. The EPA did not make a proposal prior to the immediate final rule because the agency believes these actions are not controversial and does not expect comments that oppose them. The EPA has explained the reasons for this codification and incorporation by reference in the preamble to the immediate final rule. Unless the EPA gets written comments which oppose this incorporation by reference during the comment period, the immediate final rule will become effective on the date it establishes, and the EPA will not take further action on this proposal. If the EPA gets comments that oppose these actions, the EPA will withdraw the immediate final rule and it will not take effect.
The EPA will respond to public comments in a later final rule based on this proposal. Comments on this action must be made at this time.
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NUCLEAR REGULATORY COMMISSION (NRC)
NEWLY PUBLISHED REGULATIONS
Applicability of 10 CFR 73.55 requirements to Part 50 licensees with facilities in decommissioning or decommissioned status, public webinar: Notice of public Webinar, published June 28, 2010, public webinar 1 p.m. to 3 p.m. eastern daylight time July 20, 2010
[TEXT]
The Nuclear Regulatory Commission will hold a public Webinar with 16 Part 50 licensees in decommissioning or decommissioned status affected by the current requirements in Title 10 of the Code of the Federal Regulations 73.55, and the other stakeholders, to discuss the applicability of those security requirements to licensees with facilities in decommissioning or decommissioned status.
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GOVERNMENT:
STATE DEPARTMENT (DOS)
NEWLY PUBLISHED REGULATIONS
Schedule of Fees for Consular Services, Department of State and overseas embassies and consulates: Interim final rule, published June 28, 2010, effective July 13, 2010, written comments by Aug. 27, 2010
[TEXT]
As an addition to the Department of State’s proposed rule to amend the Schedule of Fees for Consular Services, the agency adjusts a number of fees in light of an independent cost of service study’s findings that the U.S. government is not fully covering its costs for providing these services. This rule addresses comments received thus far, and reopens the comment period on these fees for an additional 60 days.
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PRESIDENTIAL DOCUMENTS
EXECUTIVE ORDERS
Committees, Establishment, Renewal, Termination, etc., Fitness, Sports, and Nutrition, President's Council on, Establishment (EO 13545): Published June 28, 2010
[TEXT]
President Obama has amended Executive Order 13265 of June 6, 2002, to call it the “President's Council on Fitness, Sports, and Nutrition,” to recognize that good nutrition goes hand in hand with fitness and sports participation. The Secretary of Health and Human Services is to develop and coordinate a national program to enhance physical activity, fitness, sports participation, and good nutrition. The Secretary is to work with the Secretaries of Agriculture and Education to:
1. Expand national interest in and awareness of the benefits of regular physical activity, fitness, sports participation, and good nutrition;
2. Stimulate and enhance coordination of programs
3. Within and among the private and public sectors that promote physical activity, fitness, sports participation, and good nutrition;
4. Expand availability of quality information and guidance regarding physical activity, fitness, sports participation, and good nutrition; and
5. Target all Americans, with particular emphasis on children and adolescents, as well as populations or communities in which specific risks or disparities in participation in, access to, or knowledge about the benefits of physical activity, fitness, sports participation, and good nutrition have been identified.
The Secretary is to be guided by the science-based Federal Dietary Guidelines for Americans and the Physical Activity Guidelines for Americans. Additionally, the Secretary is to undertake nutrition-related activities under this order in coordination with the Secretary of Agriculture.
The Council is to advise the Secretary on ways to promote regular physical activity, fitness, sports participation and good nutrition. Recommendations may address, but are not necessarily limited to, public awareness campaigns; federal, state, and local physical activity; fitness, sports participation, and nutrition initiatives; and partnership opportunities between public- and private-sector health-promotion entities. The Council is to function as a liaison to relevant state, local, and private entities in order to advise the Secretary regarding opportunities to extend and improve physical activity, fitness, sports, and nutrition programs and services at the local, state, and national levels. The Council is to monitor the need to enhance programs and educational and promotional materials sponsored, overseen, or disseminated by the Council, and shall advise the Secretary as necessary concerning the need.