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COURTHOUSE NEWS SERVICE

Federal Regulation Brief

Dec. 7, 2011

COMMERCE:

COMMERCE (DOC)

PROPOSED REGULATIONS

ECONOMIC DEVELOPMENT ADMINISTRATION (EDA)

Economic Development Administration regulatory revision: Notice of proposed rulemaking, published Dec. 7, 2011, written comments by 5 p.m. Eastern Time Feb. 6, 2012

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The Economic Development Administration proposes and requests comments on updates to the agency’s regulations implementing the Public Works and Economic Development Act. This action addresses and incorporates public comments and agency staff suggestions to present an updated set of proposed regulations that reflect the agency’s current practices and policies in administering its economic development assistance programs. For convenience, the full text of the agency’s amended regulations is available at http://www.eda.gov/gov/.

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COMMUNICATION (FCC)

PROPOSED REGULATIONS

Television broadcasting services, Lincoln, Nebraska: Proposed rule, published Dec. 7, 2011, comments by Jan. 6, 2012, reply comments by Jan. 23, 2012

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The Federal Communications Commission considers a petition for rulemaking requesting the substitution of channel 15 for channel 51 at Lincoln, Nebraska.

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ENVIRONMENT, ENERGY & RESOURCES:

ENERGY (DOE)

PROPOSED REGULATIONS

Energy Conservation Program, enforcement of regional standards for residential furnaces and central air conditioners and heat pumps: Notice of Data Availability, published Dec. 7, 2011, public meeting Dec. 16, 2011, from 9 a.m. to 4 p.m., in Washington, DC, which will also be broadcast as a webinar, comments, data, and information before and after the public meeting, but no later than Feb. 6, 2012

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The U.S. Department of Energy requests comment on three possible approaches to enforcement of regional standards for residential furnaces and residential central air conditioners and heat pumps described by direct final rule published in the June 27, 2011 Federal Register. The agency also requests comment on a possible waiver process for regional standards applicability.

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ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

Approval and promulgation of air quality implementation plans, Indiana, redesignation of Lake and Porter Counties to attainment of the fine particulate matter standard: Final rule, published Dec. 7, 2011, effective Feb. 6, 2012

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The Environmental Protection Agency takes several related actions affecting Lake and Porter Counties and Indiana for the 1997 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard. The EPA approves a request from Indiana for the redesignation of Lake and Porter Counties to attainment of the 1997 annual PM2.5 standard. The EPA approves, as a revision to the Indiana State Implementation Plan, Indiana’s plan for maintaining the 1997 annual PM2.5 standard in the Chicago-Gary-Lake County, Illinois-Indiana PM2.5 nonattainment area (Greater Chicago nonattainment area) through 2025. The EPA also approves Indiana's 2025 Nitrogen Oxides (NOX) and PM2.5 Motor Vehicle Emission Budgets. Finally, the EPA approves Indiana's 2005 NOX, primary PM2.5, and sulfur dioxide emissions inventories for Lake and Porter Counties.

National Oil and Hazardous Substances Pollution Contingency Plan, National Priorities List, deletion of the Palmer Barge Line Superfund Site: Direct final rule, published Dec. 7, 2011, effective Feb. 6, 2012 unless adverse comments are received by Jan. 6, 2012

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The Environmental Protection Agency Region 6 publishes a direct final Notice of Deletion of the Palmer Barge Line Superfund Site in Port Arthur, Texas (Jefferson County), from the National Priorities List.

Revocation of the Significant New Use Rule on a certain chemical substance: Final rule, published Dec. 7, 2011, effective Feb. 6, 2012

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The Environmental Protection Agency revokes a significant new use rule issued under Section 5(a)(2) of the Toxic Substances Control Act for the chemical substance identified generically as substituted ethoxyethylamine phosphonate, which was covered by premanufacture notice P-95-1950.

Saflufenacil, pesticide tolerances: Final rule, published Dec. 7, 2011, effective Dec. 7, 2011, objections and requests for hearings by Feb. 6, 2012

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The Environmental Protection Agency establishes tolerances for residues of saflufenacil in or on Banana; Coffee, green bean; and Mango.

Isoxaflutole, pesticide tolerances: Final rule, published Dec. 7, 2011, effective Dec. 7, 2011, objections and requests for hearings by Feb. 6, 2012

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The Environmental Protection Agency establishes tolerances for residues of isoxaflutole in or on Soybean, seed and Grain, aspirated fractions.

PROPOSED REGULATIONS

National Oil and Hazardous Substances Pollution Contingency Plan, National Priorities List, notice of intent for deletion of the Palmer Barge Line Superfund Site: Proposed rule, published Dec. 7, 2011, comments by Jan. 6, 2012

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The Environmental Protection Agency Region 6 issues a Notice of Intent to Delete the Palmer Barge Line Superfund Site in Port Arthur, Texas, from the National Priorities List and requests public comments on this proposed action. The EPA and Texas have determined that all appropriate response actions at these identified parcels under the Comprehensive Environmental Response, Compensation, and Liability Act, other than operation, maintenance, and Five-Year Reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

Pesticide tolerances, notification of draft proposed rule submission to the Secretaries of Agriculture and Health and Human Services: Notification of submission to the Secretaries of Agriculture

and Health and Human Services, published Dec. 7, 2011, a docket for this action is under docket identification number EPA-HQ-OPP-2010-0305

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The Environmental Protection Agency notifies the public that it has forwarded to the Secretary of the U.S. Department of Agriculture and the Secretary of the U.S. Department of Health and Human Services a draft proposed rule under Sections 21(b) and 25(a) of the Federal Insecticide, Fungicide, and Rodenticide Act, entitled “Pesticides; Revisions to Minimum Risk Exemptions”.

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DEPARTMENT OF THE INTERIOR (DOI)

PROPOSED REGULATIONS

FISH AND WILDLIFE SERVICE (USFWS)

Endangered and Threatened Wildlife and Plants, Designation of Critical Habitat for Lost River sucker and shortnose sucker: Proposed rule, reproposal, published Dec. 7, 2011, comments received or postmarked by Feb. 6, 2012, written requests for public hearings by Jan. 23, 2012

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The U.S. Fish and Wildlife Service proposes to designate critical habitat for the Lost River sucker (Deltistes luxatus) and shortnose sucker (Chasmistes brevirostris) under the Endangered Species Act. In total, the agency proposes as critical habitat approximately 146 miles of streams and 117,848 acres of lakes and reservoirs for Lost River sucker and approximately 128 miles of streams and 123,590 acres of lakes and reservoirs for shortnose sucker. The proposed critical habitat is in Klamath and Lake Counties, Oregon, and Modoc County, California.

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NUCLEAR REGULATORY COMMISSION (NRC)

PROPOSED REGULATIONS

Petition for Rulemaking submitted by Sherwood Martinelli: Petition for rulemaking, denial, published Dec. 7, 2011, docket for the petition for rulemaking is closed

Dec. 7, 2011

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The U.S. Nuclear Regulatory Commission denies a petition for rulemaking requesting that the agency amend its regulations as they relate to decommissioning and decommissioning funding, to revise its reporting requirements, restrict funding mechanisms, require deposits within 90 days to cover shortfalls regardless of cause, amend the definition of the safe storage decommissioning option, and eliminate the ENTOMB decommissioning option.

Installation of radiation alarms for rooms housing neutron sources: Petition for rulemaking, request for comment, published Dec. 7, 2011, comments by Feb. 21, 2012

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The U.S. Nuclear Regulatory Commission has received a petition for rulemaking dated Sept. 15, 2011, requesting that the agency require installation of radiation alarms in rooms housing neutron sources.

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HEALTH:

HEALTH AND HUMAN SERVICES (HHS)

NEWLY PUBLISHED REGULATIONS

CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)

Medical loss ratio requirements under the Patient Protection and Affordable Care Act: Final rule with comment period, published Dec. 7, 2011, effective Jan. 3, 2012, comments by 5 p.m. Eastern Standard Time Jan. 6, 2012, generally applicable beginning Jan. 1, 2012, to health insurance issuers offering group or individual health insurance coverage

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The Centers for Medicare & Medicaid Services revise the regulations implementing medical loss ratio requirements for health insurance issuers under the Public Health Service Act to address the treatment of “mini-med” and expatriate policies under these regulations for years after 2011; modify the way the regulations treat ICD-10 conversion costs; change the rules on deducting community benefit expenditures; and revise the rules for the distribution of rebates by issuers in group markets.

Medical loss ratio rebate requirements for non-federal governmental plans: Interim final rule with request for comments, published Dec. 7, 2011, effective Jan. 3, 2012, comments by 5 p.m. Feb. 6, 2012, generally applicable beginning Jan. 1, 2012, to health insurance issuers offering group health insurance coverage

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Medicare Program, Availability of Medicare Data for Performance Measurement: Final rule, published Dec. 7, 2011, effective Jan. 6, 2012

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The Centers for Medicare & Medicaid Services implement Section 10332 of the Affordable Care Act regarding the release and use of standardized extracts of Medicare claims data for qualified entities to measure the performance of providers of services and suppliers. This rule explains how entities can become qualified by the CMS to receive standardized extracts of claims data under Medicare Parts A, B, and D for evaluation of the performance of providers and suppliers. This action also lays out the criteria qualified entities must follow to protect the privacy of Medicare beneficiaries.

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NATIONAL SECURITY:

DEFENSE (DoD)

NEWLY PUBLISHED REGULATIONS

DEFENSE ACQUISITION REGULATIONS SYSTEM (DARS)

Defense Federal Acquisition Regulation Supplement, technical amendments: Final rule, published Dec. 7, 2011, effective Dec. 7, 2011

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The Defense Acquisition Regulations System, Department of Defense, makes technical amendments to the Defense Federal Acquisition Regulation Supplement to provide editorial changes and guidance to contracting officers.

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HOMELAND SECURITY (DHS)

NEWLY PUBLISHED REGULATIONS

COAST GUARD (USCG)

Anchorage regulations, Wells, Maine: Final rule, published Dec. 7, 2011, effective Jan. 6, 2012

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The U.S. Coast Guard establishes three special anchorage areas in Wells Harbor, Wells, Maine, to facilitate safe navigation in that area and provide safe and secure anchorages for vessels not more than 66 feet in length.

Drawbridge operation regulation, Willamette River, Portland, Oregon: Notice of temporary deviation from regulations, published Dec. 7, 2011, effective 6 a.m. Dec. 1, 2011 to 6 p.m. May 27, 2012

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The U.S. Coast Guard issues a temporary change in the regulation for the operation of the Morrison Bridge across the Willamette River, mile 12.8, at Portland, Ore., to complete major rehabilitation of the bridge. This deviation allows single leaf operations during rehabilitation and requires a two hour advance notification for a single leaf opening.

Drawbridge operation regulation, Hutchinson River, Bronx, New York: Notice of temporary deviation from regulations, published Dec. 7, 2011, effective 4 a.m. Dec. 2 to 4 a.m. Dec. 12, 2011

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The U.S. Coast Guard issues a temporary change in the regulation for the operation of the Amtrak Pelham Bay Railroad Bridge at mile 0.5, across the Hutchinson River at the Bronx, N.Y., to facilitate scheduled maintenance at the bridge, pinion shaft bushing replacement. This deviation allows the bridge to remain in the closed position for four days.

Drawbridge operation regulation, Old Brazos River, Freeport, Brazoria County, Texas: Notice of temporary deviation from regulations, published Dec. 7, 2011, effective 6 a.m. Dec. 16 to 6 p.m. Dec. 19, 2011

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The U.S. Coast Guard issues a temporary change in the regulation for the operation of the Union Pacific Railroad Swing Span Bridge across the Old Brazos River, mile 4.4, at Freeport, Brazoria County, Texas. This deviation allows the bridge to remain closed to navigation for four days to replace lift cables.

Drawbridge operation regulation, New Rochelle Harbor, New Rochelle, New York: Notice of temporary deviation from regulations, published Dec. 7, 2011, effective Dec. 5, 2011 through March 30, 2012

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The U.S. Coast Guard issues a temporary change in the regulation for the operation of the Glen Island Bridge, mile 0.8, across New Rochelle Harbor at New Rochelle, N.Y., to facilitate bridge rehabilitation repairs. This deviation allows the bridge to remain in the closed position.

Drawbridge operation regulation, Atlantic Intracoastal Waterway, Chesapeake, Virginia: Notice of temporary deviation from regulations, published Dec. 7, 2011, effective 7 a.m. Dec. 11 to 7 p.m. Dec. 18, 2011

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The U.S. Coast Guard issues a temporary change in the regulation for the operation of the I64 Bridge across the Atlantic Intracoastal Waterway, South Branch of the Elizabeth River, mile 7.1, at Chesapeake, Va., for bridge rehabilitation and maintenance work. This deviation allows the bridge to remain in the closed-to-navigation position.

Higher volume port area-Washington: Notice of intent, published Dec. 7, 2011

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The U.S. Coast Guard announces that it intends to comply with recent legislation to expand an existing higher volume port area (HVPA) for Puget Sound and the Strait of Juan de Fuca. The expansion would add Pacific Ocean waters, under U.S. jurisdiction and within a 50-mile arc measured from Cape Flattery, Wash., to the HVPA. Higher volume port areas require certain tankers to plan for faster response times following a spill of the tanker’s cargo. The expansion could require a tanker’s owner or operator to review and modify the tanker’s existing vessel response plan accordingly, and to receive agency approval for the modified plan by Oct. 15, 2015.

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TRANSPORTATION

TRANSPORTATION (DOT)

NEWLY PUBLISHED REGULATIONS

FEDERAL AVIATION ADMINISTRATION

Airworthiness directives, BRP-Powertrain GmbH & Co. KG reciprocating engines: Final rule, request for comments, published Dec. 7, 2011, effective Dec. 22, 2011, comments by Jan. 6, 2012

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PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.

SUMMARY: The Federal Aviation Administration adopts a new AD for BRP-Powertrain GmbH & Co. KG Rotax 912 F2, 912 F3, 912 F4, 912 S2, 912 S3, 912 S4, 914 F2, 914 F3, and 914 F4 reciprocating engines. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: