COURTHOUSE NEWS SERVICE
Federal Regulation Brief
Feb. 3, 2012
AGRICULTURE:
AGRICULTURE (USDA)
NEWLY PUBLISHED REGULATIONS
AGRICULTURAL MARKETING SERVICE
RULES
Marketing Orders, revision of cotton futures classification procedures:Final rule, published Feb. 3, 2012, effective March 5, 2012
Text
The Agricultural Marketing Service amends the procedures for cotton futures quality classification services by using Smith-Doxey classification data in the cotton futures classification process. In addition, references to a separate and optional review of cotton futures certification are being eliminated to reflect current industry practices. These changes in procedures for cotton futures quality classification services, as well as proposed conforming changes, reflect advances in cotton fiber quality measurement and data processing made since the regulations were last updated in 1992.
Marketing Order regulating the handling of spearmint oil produced in the Far West, revision of the salable quantity and allotment percentage for Class 1 (Scotch) and Class 3 (Native) Spearmint Oil for the 2011-2012 marketing year: Affirmation of interim rule as final rule, published Feb. 3, 2012, effective June 1, 2011, through May 31, 2012
Text
The Department of Agriculture adopts, as a final rule, without change, an interim rule that revised the quantity of Class 1 (Scotch) and Class 3 (Native) spearmint oil that handlers may purchase from, or handle on behalf of, producers during the 2011-2012 marketing year. The interim rule increased the Scotch spearmint oil salable quantity from 693,141 pounds to 733,913 pounds, and the allotment percentage from 34 percent to 36 percent. In addition, the interim rule increased the Native spearmint oil salable quantity from 1,012,949 pounds to 1,266,161 pounds, and the allotment percentage from 44 percent to 55 percent. This change is expected to moderate extreme fluctuations in the supply and price of spearmint oil and to help maintain stability in the Far West spearmint oil market.
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ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)
Plum pox compensation: Interim rule and request for comments, published Feb. 3, 2012, effective Feb. 3, 2012, comments by April 3, 2012
Text
The Animal and Plant Health Inspection Service amends the plum pox regulations to provide for the payment of compensation to eligible owners of non-fruit-bearing ornamental tree nurseries and to increase the amount of compensation that may be paid to eligible owners of commercial stone fruit orchards and fruit tree nurseries whose trees are required to be destroyed to prevent the spread of plum pox. The agency also provides updated instructions for the submission of claims for compensation. These changes are to provide adequate compensation to persons who are economically affected by the plum pox quarantine and the associated state and federal eradication efforts. This action will assist agency efforts to eradicate plum pox in the United States.
PROPOSED REGULATIONS
AGRICULTURAL MARKETING SERVICE (AMS)
National Organic Program, notice of draft guidance for accredited certifying agents, certified operations, and non-certified handlers of certified organic products:Notice of availability with request for comments, published Feb. 3, 2012, written comments by April 3, 2012
Text
The National Organic Program announces the availability of a draft guidance document intended for use by accredited certifying agents, certified operations and non-certified handlers of certified organic products. The draft guidance document is entitled as follows: Handling Bulk, Unpackaged Organic Products (NOP 5031).
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COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
INDUSTRY AND SECURITY BUREAU (BIS)
Export Administration Regulations amendments, addition of a reference to a provision of the Iran Sanctions Act and statement of the licensing policy for transactions involving parties sanctioned under the Act: Final rule, published Feb. 3, 2012, effective Feb. 3, 2012
Text
The Bureau of Industry and Security amends the Export Administration Regulations to add a reference to the Iran Sanctions Act, which states the agency’s licensing policy for export and re-export transactions that involve parties sanctioned under certain enumerated statutes. In this action, the agency provides notice to the public of its general policy of denial for export and re-export license applications in which a party sanctioned by the State Department under the Iran Sanctions Act is a party to the transaction. The agency also makes technical corrections to enhance clarity and consistency.
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NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the exclusive economic zone off Alaska, Chinook salmon bycatch management in the Bering Sea pollock fishery, economic data collection: Final rule, published Feb. 3, 2012, effective March 5, 2012
Text
The National Marine Fisheries Service implements the Chinook Salmon Economic Data Report Program to evaluate the effectiveness of Chinook salmon bycatch management measures for the Bering Sea pollock fishery implemented under Amendment 91 to the fishery management plan for groundfish of the Bering Sea and Aleutian Islands management area. Members of the American Fisheries Act catcher vessels, catcher/processor, and mothership sectors as well as representatives for the six western Alaska Community Development Quota Program organizations that presently receive allocations of Bering Sea pollock are to submit the data collected for this program.
Fisheries of the Caribbean, Gulf of Mexico and South Atlantic, coastal migratory pelagic resources of the Gulf of Mexico and South Atlantic: Temporary rule, inseason trip limit increase, published Feb. 3, 2012, effective 12:01 a.m. local time Feb. 1 through March 31, 2012, unless changed by further notification in the Federal Register
Text
To maximize the socioeconomic benefits of the quota, the National Marine Fisheries Service increases the trip limit in the commercial sector for king mackerel in the Florida east coast subzone to 75 fish per day in or from the exclusive economic zone.
Fisheries of the northeastern United States, summer flounder fishery: Temporary rule, quota transfer, published Feb. 3, 2012, effective Dec. 9, 2011 through Dec. 31, 2012
Text
The National Marine Fisheries Service announces that North Carolina retroactively transfers part of its 2011 commercial summer flounder quota to Virginia. By this action, the agency adjusts the quotas and announces the revised commercial quota for each state involved.
PROPOSED REGULATIONS
INTERNATIONAL TRADE ADMINISTRATION (ITA)
Withdrawal of regulations regarding imports of cotton woven fabric and short supply procedures: Proposed rule, published Feb. 3, 2012, comments by April 3, 2012
Text
The Import Administration, International Trade Administration, proposes withdrawing regulations regarding imports of cotton woven fabric and short supply procedures. Both sets of regulations are obsolete.
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the northeastern United States, Pacific halibut fisheries, catch sharing plan: Proposed rule, published Feb. 3, 2012, comments by 5 p.m. local time Feb. 21, 2012
Text
The National Marine Fisheries Service proposes to approve and implement changes to the Pacific Halibut Catch Sharing Plan for the International Pacific Halibut
Commission’s regulatory Area 2A off Washington, Oregon and California. The agency proposes to implement parts of the plan and management measures not implemented through the International Pacific Halibut Commission. These measures include the sport fishery allocations and management measures for Area 2A. These actions are to enhance the conservation of Pacific halibut, provide greater angler opportunity where available, and protect overfished groundfish species from being incidentally caught in the halibut fisheries.
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COMMUNICATION (FCC)
NEWLY PUBLISHED REGULATIONS
Amateur radio use of the allocation at 5 MHz: Final rule, published Feb. 3, 2012, effective March 5, 2012
PDF | Text
The Federal Communications Commission amends its rules to facilitate more efficient and effective use by the Amateur Radio Service of five channels in the 5330.5-5406.4 kHz band (the 60 meter band). Specifically, the agency replaces one channel with a less encumbered one, increases the maximum authorized power amateur stations may transmit in this band, and authorizes amateur stations to transmit three additional emission designators. The agency also adopts an additional operational rule that prohibits the use of automatically controlled digital stations and makes editorial revisions to the relevant parts of the Table of Frequency Allocations and the service rules.
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POSTAL SERVICE (USPS)
PROPOSED REGULATIONS
Periodicals, recognition of distribution of periodicals via electronic copies: Proposed rule, published Feb. 3, 2012, comments by March 5, 2012, early comments encouraged
Text
The U.S. Postal Service proposes to revise the Mailing Standards of the U.S. Postal Service, Domestic Mail Manual 707.6, to allow publishers who use electronic distribution methods to report such circulation as paid or requested distribution, as applicable.
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EMPLOYMENT
LABOR (DOL)
NEWLY PUBLISHED REGULATIONS
EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)
Reasonable contract or arrangement under Section 408(b)(2)-Fee Disclosure:Final rule, published Feb. 3, 2012, effective July 1, 2012
PDF | Text
The Employee Benefits Security Administration issues a final regulation under the Employee Retirement Income Security Act requiring that certain service providers to pension plans disclose information about the service providers' compensation and potential conflicts of interest. These disclosure requirements are established as part of a statutory exemption from the ERISA's prohibited transaction provisions. This regulation will affect pension plan sponsors and fiduciaries and certain service providers to such plans.
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ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Approval and promulgation of air quality implementation plans, Virginia, amendments to Virginia's regulation regarding the sulfur dioxide national ambient air quality standard: Final rule, published Feb. 3, 2012, effective March 5, 2012
Text
The Environmental Protection Agency approves a State Implementation Plan revision submitted by Virginia, which revises amendments of Virginia's regulations regarding the 2010 1-hour primary national ambient air quality standard for sulfur dioxide.
PROPOSED REGULATIONS
Approval and promulgation of air quality implementation plans, announcement of public meeting on the Consumer Confidence Report rule retrospective review:Notice of a public meeting, published Feb. 3, 2012, webinar Feb. 23, 2012, from 2 p.m. to 4 p.m., Eastern Standard Time, web dialogue available Feb. 23, 2012, to March 9, 2012
Text
The Environmental Protection Agency will hold a public meeting via the Internet Feb. 23, 2012, to obtain stakeholder input on the Consumer Confidence Report (CCR) Rule as part of the agency's Retrospective Review of Existing Regulations. The EPA plans to discuss electronic delivery of CCRs, resource implications for implementing CCR delivery certification, use of CCRs to meet Tier 3 Public Notification requirements, and how contaminant levels are reported in the CCR. The EPA requests that the public participate in this information exchange on the CCR rule.
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GOVERNMENT:
PRESIDENTIAL DOCUMENTS
ADMINISTRATIVE ORDERS
Memorandum of January 18, 2012, Implementing Provisions of the Temporary Payroll Tax Cut Continuation Act of 2011 Relating to the Keystone XL Pipeline Permit: Published Feb. 3, 2012
PDF | Text
President Obama orders the Secretary of State to issue a denial of the Keystone XL pipeline permit application. Under the Temporary Payroll Tax Cut Continuation Act the president had 60 days to approve or reject the project.
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HOUSING:
HOUSING AND URBAN DEVELOPMENT (HUD)
NEWLY PUBLISHED REGULATIONS
Equal access to housing in HUD programs regardless of sexual orientation or gender identity:Final rule, published Feb. 3, 2012, effective March 5, 2012
Text
The Department of Housing and Urban Development implements policy to ensure that its core programs are open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status.
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LAW AND CRIME:
DEPARTMENT OF JUSTICE (DOJ)
PROPOSED REGULATIONS
ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES BUREAU (ATF)
Federal firearms license proceedings, hearings (2008R-15P): Notice of proposed rulemaking, published Feb. 3, 2012, written comments postmarked by and electronic comments submitted by midnight Eastern Time May 3, 2012
Text
The Bureau of Alcohol, Tobacco, Firearms and Explosives proposes to amend regulations regarding administrative hearings held as part of firearms license proceedings. This proposed rule clarifies that such hearings are held in an informal setting and that people requesting a hearing are afforded the opportunity to submit facts, arguments, offers of settlement or proposals of adjustment for review and consideration. The proposed regulations ensure that federal firearms licensees and those applying for a federal firearms license are familiar with the hearing process relative to the denial, suspension or revocation of a firearms license, or imposition of a civil fine.
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MONEY:
TREASURY (USDT)
PROPOSED REGULATIONS
INTERNAL REVENUE SERVICE (IRS)
Determination of governmental plan status:Notice of public hearing on advanced notice of proposed rulemaking, published Feb. 3, 2012, public hearing 10 a.m. July 9, 2012, outlines of topics by June 18, 2012
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The Internal Revenue Service announces a public hearing on an advance notice of proposed rulemaking regarding the determination of governmental plans. This notice supersedes the notice of public hearing published in the Jan. 23, 2012 Federal Register that announced a public hearing for June 5, 2012. This notice also extends the comment period for the submission of public comments.
Indian tribal government plans:Notice of public hearing on advance notice of proposed rulemaking, published Feb. 3, 2012, public hearing 10 a.m. July 10, 2012, outlines by June 18, 2012
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The Internal Revenue Service announces a public hearing on an advance notice of proposed rulemaking regarding Indian tribal government plans. This notice supersedes the notice of public hearing published in the Jan. 23, 2012 Federal Register that announced a public hearing for June 5, 2012. This notice also extends the public comment period for submission of public comments.
Longevity annuity contracts:Notice of proposed rulemaking and notice of public hearing, published Feb. 3, 2012, written or electronic comments by May 3, 2012, public hearing June 1, 2012, outlines of topics by May 11, 2012
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The Internal Revenue Service proposes regulations regarding the purchase of longevity annuity contracts under tax-qualified defined contribution plans under Section 401(a) of the Internal Revenue Code, Section 403(b) plans, individual retirement annuities and accounts (IRAs) under Section 408, and eligible governmental Section 457 plans.
Modifications to minimum present value requirements for partial annuity distribution options under defined benefit pension plans:Notice of proposed rulemaking and notice of public hearing, published Feb. 3, 2012, written or electronic comments by May 3, 2012, public hearing June 1, 2012, outlines of topics by May 11, 2012