Courthouse News Service

COURTHOUSE NEWS SERVICE

Federal Regulation Brief

May 17, 2012

AGRICULTURE:

AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

COMMODITY CREDIT CORPORATION (CCC)

Market Access Program: Final rule, published May 17, 2012, effective May 17, 2012, applicable for each MAP participant at the beginning of the MAP participant's 2013 program year (01/01/2013 or 07/01/2013)

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The Foreign Agricultural Service (FAS) and the Commodity Credit Corporation adopt the substantive provisions of the Sept. 8, 2009 proposed rule revising and amending the Market Access Program (MAP) regulations, with changes made to reflect public comments to the proposed rule. The FAS and the CCC revise and amend the regulation used to administer the MAP by updating and merging the application requirements and the activity plan requirements to reflect the Unified Export Strategy system currently in place; clarifying the eligibility of activities designed to address international market access issues; modifying the list of eligible and ineligible contributions; revising the parts of the regulation regarding evaluations, contracting procedures, and the compliance review and appeals process; eliminating the Export Incentive Program/Market Access Program as a separate subcomponent; and making other administrative changes for clarity and program integrity.

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COMMERCE:

COMMUNICATION (FCC)

NEWLY PUBLISHED REGULATIONS

Unlicensed operation in the TV broadcast band: Final rule, published May 17, 2012, effective June 18, 2012

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The Federal Communications Commission addresses five petitions for reconsideration and modifies the FCC rules to increase the maximum height above average terrain for sites where fixed devices may operate, to modify the nearby channel emission limits to specify fixed rather than relative levels, and to slightly increase the maximum permissible power spectral density for each category of TV bands device. These changes are to decrease operating costs for fixed TV bands devices and allow them to provide greater coverage, thus increasing the availability of wireless broadband services in rural and underserved areas without increasing the risk of interference to incumbent services. The FCC also revises and amends several of its rules to better effectuate earlier decisions and to remove ambiguities.

PROPOSED REGULATIONS

Assessment and collection of regulatory fees for fiscal year 2012: Notice of proposed rulemaking, published May 17, 2012, comments by May 31, 2012, reply comments by June 7, 2012

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The Federal Communications Commission proposes to revise its Schedule of Regulatory Fees to recover $339,844,000 that Congress has required the FCC to collect for fiscal year 2012.

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LIBRARY OF CONGRESS (LOC)

PROPOSED REGULATIONS

Registration of copyright, definition of claimant: Notice of proposed rulemaking, published May 17, 2012, written comments by July 16, 2012, reply comments by Aug. 15, 2012

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The Copyright Office proposes to amend copyright registration regulations by eliminating the footnote to the definition of a “claimant” in Section 202.3(a)(3)(ii). The footnote currently extends the definition of a claimant to include individuals or entities that have obtained the contractual right to claim legal title to copyright in an application for copyright registration. This amendment would clarify that the copyright claimant must be either the author of the work, or a person or organization that has obtained ownership of all of the exclusive rights initially belonging to the author. The Copyright Office believes that the footnote creates considerable legal uncertainty while offering no clear benefits to the registration system. Removing it would foster the use of other available registration options that create a more meaningful public record.

Adjustment of determination of compulsory license rates for mechanical and digital phonorecords: Proposed rule, published May 17, 2012, comments and objections by June 18, 2012

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The Copyright Royalty Judges proposes to set the rates and terms for the Section 115 statutory license for the use of musical works in physical phonorecord deliveries, permanent digital downloads, ringtones, interactive streaming, limited downloads, limited offerings, mixed service bundles, music bundles, paid locker services and purchased content locker services.

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ENVIRONMENT, ENERGY & RESOURCES:

ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

Incorporation by reference of approved State Hazardous Waste Management Program, Oklahoma: Direct final rule, published May 17, 2012, effective July 16, 2012, unless adverse written comments are received by the close of business June 18, 2012

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The Environmental Protection Agency 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 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.

Protection of stratospheric ozone, the 2012 critical use exemption from the phaseout of methyl bromide:Final rule, published May 17, 2012, effective May 17, 2012

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The Environmental Protection Agency authorizes uses that qualify for the 2012 critical use exemption and the amount of methyl bromide that may be produced, imported, or supplied from existing pre-phaseout inventory for those uses in 2012. EPA takes this action to reflect a recent consensus decision by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer at the Twenty-Second Meeting of the Parties.

PROPOSED REGULATIONS

Approval and promulgation of implementation plans, Montana, State Implementation Plan and Regional Haze Federal Implementation Plan: Proposed rule corrections, published May 17, 2012

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The Environmental Protection Agency corrects typographical errors and clarifies some information in an April 20, 2012 proposed rule which includes the proposed Federal Implementation Plan to address regional haze in and the proposed approval of revisions to the Montana SIP submitted by Montana Feb. 17, 2012.

Effective date for the water quality standards for Florida's lakes and flowing waters: Proposed delay of effective date, published May 17, 2012, comments by June 18, 2012

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The Environmental Protection Agency proposes to extend the July 6, 2012, effective date of the “Water Quality Standards for the State of Florida's Lakes and Flowing Waters; Final Rule” (inland waters rule) for three months to Oct. 6, 2012. The EPA requests comments on extending the July 6, 2012, effective date by one year to July 6, 2013. The EPA's inland waters rule as issued Dec. 6, 2010, included an effective date of March 6, 2012, for the entire regulation except for the site-specific alternative criteria provision, which took effect Feb. 4, 2011. This proposal to extend the July 6, 2012, effective date for the inland waters rule does not affect or change the Feb. 4, 2011, effective date for the site-specific alternative criteria provision. On March 5, 2012, the EPA extended the March 6, 2012, effective date to July 6, 2012. In this proposal, the EPA requests comment on extending the effective date for the “Water Quality Standards for the State of Florida's Lakes and Flowing Waters; Final Rule” from July 6, 2012 to Oct. 6, 2012, or in the alternative from July 6, 2012 to July 6, 2013.

Incorporation by reference of State Hazardous Waste Management Program, Oklahoma: Proposed rule, published May 17, 2012, written comments by June 18, 2012

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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 that are authorized and that the EPA will enforce under the Solid Waste Disposal Act, commonly referred to as the Resource Conversation and Recovery Act.

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DEPARTMENT OF THE INTERIOR (DOI)

PROPOSED REGULATIONS

FISH AND WILDLIFE SERVICE (USFWS)

Migratory bird hunting, supplemental proposals for migratory game bird hunting regulations for the 2012-13 hunting season, notice of meetings: Proposed rule, supplemental, published May 17, 2012, comments on the proposed regulatory alternatives for the 2012-13 duck hunting seasons by June 22, 2012, following subsequent Federal Register notices comments for proposed early-season frameworks by July 27, 2012, and for proposed late-season frameworks and subsistence migratory bird seasons in Alaska comments by Aug. 31, 2012, the Service Migratory Bird Regulations Committee will meet to consider and develop proposed regulations for early-season migratory bird hunting June 20 and 21, 2012, and for late-season migratory bird hunting and the 2013 spring/summer migratory bird subsistence seasons in Alaska July 25 and 26, 2012

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The U.S. Fish and Wildlife Service proposed in an earlier action to establish annual hunting regulations for certain migratory game birds for the 2012-13 hunting season. This supplement to the proposed rule provides the regulatory schedule, announces the Service Migratory Bird Regulations Committee and Flyway Council meetings, and provides Flyway Council recommendations resulting from their March meetings.

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HEALTH:

HEALTH AND HUMAN SERVICES (HHS)

NEWLY PUBLISHED REGULATIONS

Patient Protection and Affordable Care Act, standards regarding reinsurance, risk corridors, and risk adjustment: Final rule correction, published May 17, 2012, effective May 22, 2012

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The Department of Health and Human Services corrects a technical error that appeared in the March 23, 2012 final rule with comment entitled, “Patient Protection and Affordable Care Act; Standards Related to Reinsurance, Risk Corridors, and Risk Adjustment.”

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FOOD AND DRUG ADMINISTRATION (FDA)

New animal drugs, ceftiofur sodium, lincomycin powder, naracin, tylosin: Final rule, published May 17, 2012, effective May 17, 2012

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The Food and Drug Administration amends the animal drug regulations to reflect approval actions for new animal drug applications and abbreviated new animal drug applications during March 2012. The FDA also informs the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable.

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NATIONAL SECURITY:

DEFENSE (DoD)

PROPOSED REGULATIONS

Federal Acquisition Regulation, Updated Postretirement Benefit References: Proposed rule, published May 17, 2012, written comments by July 16, 2012

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The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration propose to amend the Federal Acquisition Regulation to remove references to specific paragraphs in an accounting standard that were deleted in the Financial Accounting Standards Board’s Accounting Standards Codification (ASC) of Generally Accepted Accounting Principles (GAAP). The immediate and delayed recognition procedures for the initial application transition obligation in paragraphs 111, 112, and 113, respectively, of superseded Financial Accounting Standard 106, are obsolete and no longer exist in the authoritative GAAP (the ASC). This action proposes replacing the current references with replacement criteria for determining the allowability of the transition obligation, when converting from pay-as-you-go accounting for postretirement benefits to an accrual method of accounting for government contract cost accounting.

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HOMELAND SECURITY (DHS)

PROPOSED REGULATIONS

COAST GUARD (USCG)

Safety zone, Carnival fireworks display, Nantasket Beach, Hull, Massachusetts: Notice of proposed rulemaking, published May 17, 2012, comments by June 18, 2012, public meeting requests by May 24, 2012, anticipated effective date 9:00 p.m. to 10:00 p.m. June 23, 2012

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The U.S. Coast Guard proposes to establish a temporary safety zone on the navigable waters off Nantasket Beach near Hull, Mass., for a Carnival fireworks display.

Safety zones, large cruise ships, Lower Mississippi River, Southwest Pass Sea Buoy to mile marker 96.0, New Orleans, Louisiana: Notice of proposed rulemaking, published May 17, 2012, comments by June 18, 2012

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The U.S. Coast Guard proposes to establish a moving safety zone around large cruise ships as they travel the Lower Mississippi River between the Port of New Orleans Cruise Ship Terminal, mile marker 96.0 and the Southwest Pass Sea Buoy. The proposed moving safety zone extends from bank to bank encompassing one-mile ahead and one-mile astern of each large cruise ship.

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TRANSPORTATION

TRANSPORTATION (DOT)

NEWLY PUBLISHED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Airbus airplanes: Final rule, published May 17, 2012, effective June 21, 2012

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PURPOSE: This airworthiness directive (AD) was prompted by reports that the modification required by the current AD was not fully effective. This AD requires actions intended to prevent fuel and/or vapor leakage, which could result in a combustible fuel vapor/air mixture in the cargo compartment, and consequent fire risk.

SUMMARY: The Federal Aviation Administration supersedes an existing airworthiness directive (AD) for certain Airbus Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes, Model A320-111, -211, -212, -214, -231, -232, and -233 airplanes, and Model A321-111, -112, and -131 airplanes, equipped with an additional center tank (ACT). That AD currently requires identifying the part number of the ACT and, for certain ACTs, replacing the outer ACT manhole cover and seal. This new AD requires modifying certain ACTs by replacing the manhole seal with a new seal; adding certain ACT equipped airplanes to the applicability; and removing Model A320-111 airplanes from the applicability.

Airworthiness directives, Airbus airplanes: Final rule, published May 17, 2012, effective June 21, 2012

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PURPOSE: This airworthiness directive (AD) was prompted by a report of corrosion found on the main fitting of the nose landing gear (NLG) leg near the dowel pin bushes retaining the lower steering flange in certain Airbus Model A330-200 freighter series airplanes, Model A330-200 and -300 series airplanes, and Model A340-200 and -300 series airplanes. This AD requires modifying the NLG main fitting by adding primer paint to the cadmium around the dowel bush holes. This AD requires actions intended to prevent NLG main fitting rupture, which could result in an NLG collapse.

SUMMARY: The Federal Aviation Administration adopts a new AD for certain Airbus Model A330-200 freighter series airplanes, Model A330-200 and -300 series airplanes, and Model A340-200 and -300 series airplanes.

Airworthiness directives, The Boeing Company airplanes: Final rule, published May 17, 2012, effective June 21, 2012

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PURPOSE: This airworthiness directive (AD) was prompted by reports of fractured and missing latch pin retention bolts that secure the latch pins on the forward cargo door in certain Boeing Model 777 airplanes. This AD requires repetitive detailed inspections for fractured or missing latch pin retention bolts, replacement of existing titanium bolts with new Inconel bolts, and related investigative and corrective actions if necessary. This AD requires actions intended to detect and correct fractured and missing latch pin retention bolts, which could result in potential separation of the cargo door from the airplane and catastrophic decompression of the airplane.