COURTHOUSE NEWS SERVICE

Federal Regulation Brief

Jan. 12, 2010

AGRICULTURE:

AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

AGRICULTURAL MARKETING SERVICE (AMS)

Dried prunes produced in California, decreased assessment rate: Affirmation of interim final rule as final rule, published Jan. 11, 2010, effective Jan. 12, 2010

[TEXT]

The Department of Agriculture adopts, as a final rule, without change, an interim final rule that decreased the assessment rate established for the Prune Marketing Committee, for the 2009-10 and subsequent crop years from $0.30 to $0.16 per ton of salable dried prunes. The Committee locally administers the marketing order that regulates the handling of dried prunes in California. The interim final rule was to align the Committee's expected revenue with decreases in its proposed budget for the 2009-10 and subsequent crop years, which began August 1. The assessment rate remains in effect indefinitely unless modified, suspended, or terminated.

Vegetable import regulations, modification of potato import regulations: Final rule correction, published Jan. 11, 2010, effective Jan. 11, 2010

[TEXT]

The Agricultural Marketing Service corrects a final rule that appeared in the Dec. 10, 2009 Federal Register. The rule modified the import regulations for Irish potatoes and made minor administrative changes to the potato, onion, and tomato import regulations to update informational references. This action corrects two Code of Federal Regulation citations in the informational references.

------

------

------

COMMERCE:

COMMERCE (DOC)

PROPOSED REGULATIONS

NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION (NOAA)

Implementation of regional fishery management organizations’ measures, vessels engaged in illegal, unregulated and unreported fishing activities: Proposed rule, published Jan. 11, 2010, written comments by Feb. 25, 2010

[TEXT]

The National Marine Fisheries Service proposes to implement international conservation and management measures adopted by the International Commission for the Conservation of Atlantic Tunas, Commission for the Conservation of Antarctic Marine Living Resources, Northwest Atlantic Fisheries Organization, Western and Central Pacific Fisheries Commission, Inter-American Tropical Tuna Commission and the Agreement on the International Dolphin Conservation Program. The measures refer to vessels that have been identified by these regional fishery management organizations as having engaged in illegal, unregulated and unreported (IUU) fishing activities and included on their respective IUU vessel lists. As a party to these regional fishery management organizations, the United States is obligated to take certain actions against the listed IUU vessels in a manner consistent with NMFS laws and policies. This proposed rule would clarify the domestic processes by which the United States meets these obligations. Specifically, it would implement obligations to restrict entry into any port or place of the United States and access to port services by vessels on the IUU vessel lists of the aforementioned regional fishery management organizations. It would also prohibit the provision by people and business entities subject to U.S. jurisdiction of certain services to, and commercial transactions with, such vessels. The agency seeks public comment on the proposed rule.

------

------

------

COMMUNICATION (FCC)

NEWLY PUBLISHED REGULATIONS

Vehicle-mounted earth stations: Final rule, announcement of effective date, published Jan. 11, 2010, effective Jan. 11, 2010

[TEXT]

The Federal Communications Commission announces that the Office of Management and Budget has approved, for a period of three years, the information collection requirements associated with Sections 25.132(b)(3), 25.226(a)(6), (b), (c), (d)(1) and (d)(3) of the FCC’s rules, and that these rules take effect as of the date of this notice. On Nov. 4, 2009, the agency published the summary document of the Report and Order, In the Matter of Amendment of Parts 2 and 25 of the Commission’s Rules to Allocate Spectrum and Adopt Service Rules and Procedures to Govern the Use of Vehicle-Mounted Earth Stations in Certain Frequency Bands Allocated to the Fixed-Satellite Service, IB Docket No. 07-101, FCC 09-64, at 74 FR 57092. The Report and Order stated that the agency would publish a notice in the Federal Register announcing when the OMB approval for the rule sections which contain information collection requirements had been received and when the revised rules would take effect. This notice is consistent with the statement in the Report and Order.

------

------

------

POSTAL REGULATORY COMMISSION (PRC)

NEWLY PUBLISHED REGULATIONS

New postal product: Final rule, published Jan. 11, 2010, effective Jan. 11, 2010, applicable Dec. 15, 2009

[TEXT]

The Postal Regulatory Commission adds Express Mail Contract 6 to the Competitive Product List. This action is consistent with changes in a recent law for postal operations. Republication of the lists of market dominant and competitive products is also consistent with new requirements in the law.

PROPOSED REGULATIONS

Periodic reporting: Proposed rule, notice of availability of rulemaking petition, published Jan. 11, 2010, comments by Jan. 8, 2010

[TEXT]

The U.S. Postal Service proposes adjustments to the methodology of a key element in the Parcel Select cost model. If adopted, the adjustments could affect the cost differences between certain Parcel Select price categories. The Postal Regulatory Commission establishes a docket to consider this proposed rule and invites public comment.

------

------

------

ENVIRONMENT, ENERGY & RESOURCES:

ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

Revisions to the California State Implementation Plan, Ventura County Air Pollution Control District: Final rule, published Jan. 11, 2010, effective Feb. 10, 2010

[TEXT]

The Environmental Protection Agency finalizes approval of revisions to the Ventura County Air Pollution Control District part of the California State Implementation Plan. These revisions were proposed in the Nov. 19, 2008 Federal Register and concern the permitting of new or modified sources. The EPA approves local rules that regulate these procedures.

------

------

------

DEPARTMENT OF THE INTERIOR (DOI)

NEWLY PUBLISHED REGULATIONS

MINERALS MANAGEMENT SERVICE (MMS)

Requirements for subsurface safety valve equipment: Final rule, published Jan. 11, 2010, effective Feb. 10, 2010

[TEXT]

The Minerals Management Service incorporates by reference the Eleventh Edition of the American Petroleum Institute's Specification for Subsurface Safety Valve Equipment (API Spec 14A) into its regulations. The MMS incorporates the Eleventh Edition of API Spec 14A because it updated the design validation and functional testing requirements, incorporated new design changes, and corrected ambiguous areas open to misinterpretation. These changes ensure that lessees and operators use the best available and safest technologies while operating in the Outer Continental Shelf. The rule also requires that lessees and operators provide supporting design verification information for subsurface safety valves intended for use in high pressure high temperature environments.

------

------

------

HEALTH:

HEALTH AND HUMAN SERVICES (HHS)

NEWLY PUBLISHED REGULATIONS

FOOD AND DRUG ADMINISTRATION (FDA)

Implantation or injectable dosage form new animal drugs, florfenicol and flunixin: Final rule, published Jan. 11, 2010, effective Jan. 11, 2010

[TEXT]

The Food and Drug Administration amends the animal drug regulations to reflect approval of an original new animal drug application filed by Intervet, Inc. The NADA provides for veterinary prescription use of a combination injectable solution containing florfenicol and flunixin meglumine in cattle.

Implantation or injectable dosage form new animal drugs, hyaluronate sodium: Final rule, published Jan. 11, 2010, effective Jan. 11, 2010

[TEXT]

The Food and Drug Administration amends the animal drug regulations to reflect approval of a supplemental new animal drug application filed by Anika Therapeutics, Inc. The supplemental NADA provides for a revised human food safety warning for use of hyaluronate sodium injectable solution in horses.

New animal drugs, ractopamine: Final rule, published Jan. 11, 2010, effective Jan. 11, 2010

[TEXT]

The Food and Drug Administration amends the animal drug regulations to reflect approval of a supplemental new animal drug application filed by Elanco Animal Health, A Division of Eli Lilly & Co. The supplemental NADA provides for administering ractopamine hydrochloride Type C medicated feeds as a top dress to cattle fed in confinement for slaughter.

------

------

------

MONEY:

SECURITIES AND EXCHANGE COMMISSION (SEC)

NEWLY PUBLISHED REGULATIONS

Securities and Exchange Commission guidance regarding independent public accountant engagements performed under Rule 206(4)-2 under the Investment Advisers Act of 1940: Interpretation, published Jan. 11, 2010, effective March 12, 2010

[TEXT]

The Securities and Exchange Commission publishes interpretive guidance for independent public accountants in connection with the adoption of amendments to Rule 206(4)-2 under the Investment Advisers Act of 1940. This guidance provides direction with respect to the independent verification and internal control report as required under the amended Custody Rule.

Custody of funds or securities of clients by investment advisers: Final rule, published Jan. 11, 2010, effective March 12, 2010, compliance dates complex

[TEXT]

The Securities and Exchange Commission adopts amendments to the custody and recordkeeping rules under the Investment Advisers Act of 1940 and related forms. The amendments are designed to provide additional safeguards under the Advisers Act when a registered adviser has custody of client funds or securities by requiring such an adviser, among other things: To undergo an annual surprise examination by an independent public accountant to verify client assets; to have the qualified custodian maintaining client funds and securities send account statements directly to the advisory clients; and unless client assets are maintained by an independent custodian (i.e., a custodian that is not the adviser itself or a related person), to obtain, or receive from a related person, a report of the internal controls relating to the custody of those assets from an independent public accountant that is registered with and subject to regular inspection by the Public Company Accounting Oversight Board. Finally, the amended custody rule and forms provide the agency and the public with better information about the custodial practices of registered investment advisers.

------

------

------

TREASURY (USDT)

PROPOSED REGULATIONS

INTERNAL REVENUE SERVICE (IRS)

Damages received on account of personal physical injuries or physical sickness, hearing: Notice of public hearing on proposed rulemaking, published Jan. 11, 2010, public hearing 10 a.m. Feb. 23, 2010, outlines of the topics to be discussed by Feb. 2, 2010

[TEXT]

The Internal Revenue Service provides notice of public hearing on a notice of proposed rulemaking relating to the exclusion from gross income for amounts received on account of personal physical injuries or physical sickness.

------

------

------

SOCIAL SECURITY:

SOCIAL SECURITY (SSA)

NEWLY PUBLISHED REGULATIONS

Technical revisions to the Supplemental Security Income (SSI) regulations on income and resources: Final rules, published Jan. 11, 2010, effective Feb. 10, 2010

[TEXT]

The Social Security Administration makes technical revisions to its Supplemental Security Income regulations regarding income and resources. Many of these revisions reflect legislative changes found in the Consolidated Appropriations Act of 2001, the Economic Growth and Tax Relief Reconciliation Act of 2001, an amendment to the National Flood Insurance Act of 1968, the Energy Employees Occupational Illness Compensation Program Act of 2000, and the Social Security Protection Act of 2004. The SSA also amends its SSI rules to extend the home exclusion to beneficiaries who, due to domestic abuse, leave a home that had otherwise been an excludable resource. Finally, the SSA updates its “conditional-payment” rule to eliminate the liquid-resource requirement as a prerequisite to receiving conditional-benefit payments.

------

------

------

TRANSPORTATION

TRANSPORTATION (DOT)

PROPOSED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Boeing Model 737–600, –700, –700C, –800, –900, and –900ER series airplanes: Notice of proposed rulemaking, published Jan. 11, 2010, comments by Feb. 25, 2010

[TEXT]

PURPOSE: This proposed airworthiness directive (AD) results from reports of parts coming off the main slat track downstop assemblies in Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This proposed AD would require actions intended to prevent loose or missing parts from the main slat track downstop assemblies from falling into the slat can and causing a puncture, which could result in a fuel leak and consequent fire.

SUMMARY: The Federal Aviation Administration proposes to supersede an existing AD that applies to all Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. The existing AD currently requires repetitive detailed inspections of the slat track downstop assemblies to verify that proper hardware is installed, one-time torquing of the nut and bolt, and corrective actions if necessary. This proposed AD would also require replacing the hardware of the down stop assembly with new hardware of the down stop assembly, doing a detailed inspection or a borescope inspection of the slat cans on each wing and the lower rail of the slat main tracks for debris, replacing the bolts of the aft side guide with new bolts, and removing any debris found in the slat can. This proposed AD also would remove airplanes from the applicability.

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

Hazardous materials, transportation of lithium batteries: Notice of proposed rulemaking, published Jan. 11, 2010, comments by March 12, 2010

[TEXT]

The Pipeline and Hazardous Materials Safety Administration, in consultation with the Federal Aviation Administration, proposes to amend requirements in the Hazardous Materials Regulations (HMR) on the transportation of lithium cells and batteries, including lithium cells and batteries packed with or contained in equipment. The proposed changes are to enhance safety by ensuring that all lithium batteries are designed to withstand normal transportation conditions. This would include provisions to ensure all lithium batteries are packaged to reduce the possibility of damage that could lead to a catastrophic incident, and minimize the consequences of an incident. In addition, lithium batteries would be accompanied by hazard communication that ensures appropriate and careful handling by air carrier personnel, including the flight crew, and informs both transport workers and emergency response personnel of actions to be taken in an emergency. These proposals are largely consistent with changes made to the United Nations Recommendations on the Transport of Dangerous Goods and the International Civil Aviation Organization Technical Instructions on the Safe Transport of Dangerous Goods by Air and respond to recommendations issued by the National Transportation Safety Board. The PHMSA proposes a mandatory compliance date of 75 days after the date of publication of a final rule in the Federal Register. In this NPRM, the PHMSA solicits comments from interested persons regarding the feasibility of the proposed compliance date.

------

------

------