COURTHOUSE NEWS SERVICE
Federal Regulation Brief
July 19, 2012
COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the exclusive economic zone off Alaska, Pacific ocean perch in the West Yakutat District of the Gulf of Alaska: Temporary rule, closure, published July 19, 2012, effective 1200 hrs. Alaska local time July 16 to 2400 hrs. A.l.t. Dec. 31, 2012
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The National Marine Fisheries Service prohibits directed fishing for Pacific ocean perch in the West Yakutat District of the Gulf of Alaska to prevent exceeding the 2012 total allowable catch of those fish in that area.
PROPOSED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the Caribbean, Gulf of Mexico and South Atlantic, reef fish fishery of the Gulf of Mexico, Amendment 35: Proposed rule, published July 19, 2012, written comments by Aug. 20, 2012
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The National Marine Fisheries Service proposes to implement management measures described in Amendment 35 to the fishery management plan for the reef fish resources of the Gulf of Mexico, prepared by the Gulf of Mexico Fishery Management Council. If implemented, this rule would establish sector annual catch limits and sector annual catch targets for greater amberjack, revise the sector accountability measures for greater amberjack and establish a commercial trip limit for greater amberjack. Additionally, Amendment 35 would modify the greater amberjack rebuilding plan.
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SMALL BUSINESS ADMINISTRATION (SBA)
PROPOSED REGULATIONS
Small business size standards, Utilities: Proposed rule, published July 19, 2012, comments by Sept. 17, 2012
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The U.S. Small Business Administration proposes to revise the small business size standards for nine industries in North American Industry Classification System (NAICS) Sector 22, Utilities.
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EMPLOYMENT
LABOR (DOL)
PROPOSED REGULATIONS
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
Hawaii State Plan for Occupational Safety and Health, proposed modification of 18(e) Plan Approval: Notice of opportunity to request informal public hearing, request for written comments, published July 19, 2012, comments and requests for an informal hearing by Aug, 23, 2012
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Hawaii administers an occupational safety and health state plan approved by the federal Occupational Safety and Health Administration. During the past three years, the state plan has faced significant budgetary constraints and staffing challenges, and has requested federal OSHA assistance to ensure that workers are afforded adequate worker protection during this period. The Hawaii Director of Labor and Industrial Relations has requested a temporary modification of the state plan's approval status from final approval to initial approval, to permit exercise of supplemental federal enforcement and to allow Hawaii sufficient time and assistance to strengthen and improve its state plan performance. Hawaii has pledged to accomplish the necessary corrective action to regain final approval status in a timely manner. The OSHA seeks written comments.
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ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Difenoconazole, pesticide tolerances:Final rule, published July 19, 2012, effective July 19, 2012, objections and requests for hearings by Sept. 17, 2012
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The Environmental Protection Agency establishes tolerances for residues of difenoconazole in or on multiple commodities and amends the established tolerances in or on vegetable, tuberous and corm, subgroup 1C and potato, processed waste. In addition, this regulation removes established tolerances for certain commodities/groups superseded by this action.
PROPOSED REGULATIONS
Approval and promulgation of air quality implementation plans, New Hampshire, determination of attainment of the one-hour ozone standard for the Portsmouth-Dover-Rochester and Manchester Areas: Proposed rule, published July 19, 2012, written comments by Aug. 20, 2012
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The Environmental Protection Agency proposes to make four independent determinations for two areas in New Hampshire. First, regarding the Portsmouth-Dover-Rochester serious one-hour ozone nonattainment area, the EPA proposes to determine that the area attained the one-hour National Ambient Air Quality Standard (NAAQS) for ozone, by the applicable deadline of Nov. 15, 1999. Second, the EPA proposes to determine that the Portsmouth area attained the one-hour ozone standard in 1999, and continues to attain the standard. Third, the EPA proposes to determine that the Manchester marginal one-hour ozone nonattainment area attained the one-hour NAAQS, by the applicable deadline of Nov. 15, 1993. Fourth, the EPA proposes to determine, that the Manchester area has attained the one-hour ozone standard since 1993, and continues to attain the standard.
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GOVERNMENT:
PRESIDENTIAL DOCUMENTS
EXECUTIVE ORDERS
Continuation of the National Emergency With Respect To Significant Transnational Criminal Organizations: Published July 19, 2012
PDF | Text
Notice of July 18, 2012
President Barack Obama has extended for 1 year the national emergency with respect to significant transnational criminal organizations, issued last year. The president noted that the activities of the organizations “have reached such scope and gravity that they threaten the stability of international political and economic systems. Such organizations are becoming increasingly sophisticated and dangerous to the United States. They are increasingly entrenched in the operations of foreign governments and the international financial system, thereby weakening democratic institutions, degrading the rule of law, and undermining economic markets. These organizations facilitate and aggravate violent civil conflicts and increasingly facilitate the activities of other dangerous persons.”
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MONEY:
COMMODITY FUTURES TRADING COMMISSION (CFTC)
NEWLY PUBLISHED REGULATIONS
End-user exception to the clearing requirement for swaps: Final rule, published July 19, 2012, effective Sept. 17, 2012
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The Commodity Futures Trading Commission adopts final regulations to implement certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act to govern the exception to the clearing requirement available to swap counterparties meeting certain conditions under the Commodity Exchange Act.
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TREASURY (USDT)
PROPOSED REGULATIONS
INTERNAL REVENUE SERVICE (IRS)
Reporting and notice requirements for deferred vested benefits under Section 6057:Correction to notice of proposed rulemaking, published July 19, 2012
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The Internal Revenue Service corrects a notice of proposed rulemaking published in the June 21, 2012 Federal Register, that would provide guidance on automatic extensions of time for filing certain employee plan returns by adding the Form 8955-SSA, “Annual Registration Statement Identifying Separated Participants With Deferred Vested Benefits,” to the list of forms covered by the Income Tax Regulations on automatic extensions.
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NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Drawbridge operation regulations, Niantic River, Niantic, Connecticut: Notice of temporary deviation from regulations, published July 19, 2012, effective 9 p.m. July 15 to 6 a.m. Aug. 22, 2012
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The U.S. Coast Guard issues a temporary change in the regulation for the operation of the Amtrak Railroad Bridge across the Niantic River, mile 0.0, at Niantic, Conn. The deviation allows the bridge to remain in the closed position for a 48 hour period and for periodic overnight closures to facilitate pier alignment and completion of work on machinery and the lift span.
Drawbridge operation regulations, Niantic River, Niantic, Connecticut: Notice canceling temporary deviation from regulations, published July 19, 2012, cancellation effective July 14, 2012
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The U.S. Coast Guard cancels the May 2, 2012 temporary change in regulations regarding the operation of the Amtrak Railroad Bridge across the Niantic River, mile 0.0, at Niantic, Conn.
Drawbridge operation regulations, Saugus River, Lynn and Revere, Massachusetts: Notice of temporary deviation from regulations, published July 19, 2012, effective Sept. 4, 2012 through Feb. 27, 2013
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The U.S. Coast Guard issues a temporary change in the regulation for the operation of the General Edwards Bridge, mile 1.7, across the Saugus River between Lynn and Revere, Mass. This deviation allows the bridge to remain in the closed position during the rehabilitation of the electrical and mechanical components that lift the bridge spans.
PROPOSED REGULATIONS
COAST GUARD (USCG)
Special local regulations, Cruce a Nado Internacional, Ponce Harbor, Ponce, Puerto Rico: Notice of proposed rulemaking, published July 19, 2012, comments by Aug. 20, 2012, public meeting requests by Aug. 3, 2012
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The U.S. Coast Guard proposes to establish special local regulations on Ponce Harbor in Ponce, P.R., during the Cruce a Nado Internacional, a swimming event scheduled for Sept. 2, 2012.
Special local regulations, Fajardo Offshore Festival II, Fajardo, Puerto Rico: Notice of proposed rulemaking, published July 19, 2012, comments by Aug. 20, 2012
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The U.S. Coast Guard establishes special local regulations on the Rada Fajardo in Fajardo, P.R. during the Fajardo Offshore Festival II, a series of high-speed boat races scheduled for Sept. 16, 2012.
Special local regulations for marine events, Potomac River, National Harbor Access Channel, Maryland: Proposed rule withdrawal, published July 19, 2012, withdrawal effective July 19, 2012
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The U.S. Coast Guard withdraws its proposed rule for amendments to the regattas and marine parades regulations. The rulemaking was to establish special local regulations during the swim segment of the “Ironman 70.3 National Harbor” triathlon, a marine event on the Potomac River, Md., but the event has been cancelled.
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TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION(FAA)
Airworthiness directives, Honeywell International, Inc. Global Navigation Satellite Sensor Units: Final rule, request for comments, published July 19, 2012, effective July 19, 2012, comments by Sept. 4, 2012
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PURPOSE: This airworthiness directive (AD) was prompted by a report and follow-up investigation of a software problem that occurred during flight test trials of satellite based augmentation system (SBAS)-capable aircraft using a similar Honeywell global positioning system sensor and the same software as the Model KGS200 Mercury2 global navigation satellite sensor units (GNSSU). A software problem occurred that could result in misleading information during localizer performance (LP), localizer performance with vertical guidance (LPV), or SBAS lateral navigation/vertical navigation (LNAV/VNAV) approaches.
SUMMARY: The Federal Aviation Administration adopts a new AD for certain aircraft equipped with Honeywell International, Inc. Model KGS200 Mercury2 wide area augmentation system (WAAS) GNSSU. This AD requires you cease all LP, LPV, and SBAS LNAV/VNAV approaches until a software problem is corrected.
Airworthiness directives, Bell Helicopter Textron Canada helicopters: Final rule, request for comments, published July 19, 2012, effective Aug. 3, 2012, comments by Sept. 17, 2012
PDF | Text
PURPOSE: Since an existing airworthiness directive (AD) for Bell Helicopter Textron Canada Model 407 and 427 helicopters was issued, Bell has learned that additional hydraulic servo actuators (servos) may need repair or removal. This AD expands the scope of the current AD to include inspections for all servos, and requires that servos meeting inspection requirements be marked with the letter “V” after the part number on the data plate. This AD requires actions intended to detect any loose or misaligned parts in the servo that could lead to failure of the servo and subsequent loss of helicopter control.
SUMMARY: The Federal Aviation Administration adopts an AD superseding an existing airworthiness directive for Bell Model 407 and 427 helicopters. The existing AD requires inspecting certain hydraulic servos to determine whether the shaft turns independently of the nut or the clevis assembly, and additional actions based on the inspection's outcome. The AD also requires reidentifying the servo.
Airworthiness directives, Pratt & Whitney turbofan engines:Final rule, published July 19, 2012, effective Aug. 23, 2012
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PURPOSE: This airworthiness directive (AD) was prompted by a request from an operator that the FAA clarify its inspection schedule for 15th stage high-pressure compressor (HPC) disks for all Pratt & Whitney Division PW4074 and PW4077 turbofan engines that have accumulated more than 9,865, but less than 12,000 cycles since new (CSN), on the effective date of the AD. This AD requires actions intended to prevent cracks from propagating into the disk bolt holes, which could result in a failure of the 15th stage HPC disk, uncontained engine failure, and damage to the airplane.
SUMMARY: The Federal Aviation Administration supersedes an existing AD for all Pratt & Whitney Division PW4074 and PW4077 turbofan engines. That AD currently requires removing the 15th stage HPC disk within 12,000 CSN or using a drawdown removal plan for disks that exceed 12,000 CSN. This new AD requires the same actions and clarifies that 15th stage HPC disks that have accumulated more than 9,865 CSN require a borescope inspection or eddy current inspection of the disk outer rim front rail for cracks prior to accumulating 12,000 CSN.
Amendment of Air Traffic Service (ATS) Routes near Vero Beach, Florida: Final rule, technical amendment, published July 19, 2012, effective 0901 UTC Sept. 20, 2012
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The Federal Aviation Administration amends the legal descriptions of Jet Routes J-45 and J-79, and VHF omnidirectional range (VOR) federal airways V-3, V-51, V-159, V-225, V-295 and V-537, near Vero Beach, Fla., because the name of the Vero Beach, Fla., VOR Tactical Air Navigation (VORTAC) facility, which is included in the descriptions of the above routes, is being changed to the Treasure VORTAC.
Amendment of Class E airspace, Grinnell, Iowa: Final rule, technical amendment, published July 19, 2012, effective 0901 UTC July 26, 2012
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The Federal Aviation Administration amends Class E airspace at Grinnell Regional
Airport, Grinnell, Iowa, by removing reference to the Grinnell NDB from the legal description, and amends the geographic coordinates of the airport, because the Grinnell NDB has been decommissioned.
Amendment of Jet Routes and VOR federal airways, northeastern United States: Final rule, technical amendment, published July 19, 2012, effective 0901 UTC Sept. 20, 2012
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The Federal Aviation Administration amends the descriptions of 14 Jet Routes and 9 VOR federal airways in the northeastern United States to reflect route changes made in Canadian airspace as part of Canada's Windsor-Toronto-Montreal airway project.
Establishment of Class E airspace, West Memphis, Arkansas: Final rule, published July 19, 2012, effective 0901 UTC Sept. 20, 2012
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The Federal Aviation Administration establishes Class E airspace at West Memphis, Ark., to separate existing Class E airspace surrounding West Memphis Municipal Airport from the Class E airspace of Memphis International Airport, Memphis, Tenn.
Amendments of Class D and E airspace, Revocation of Class E Airspace, Lloydsville, Pennsylvania, and Amendment of Class D and E Airspace, Latrobe, Pennsylvania: Final rule, published July 19, 2012, effective 0901 UTC Sept. 20, 2012