Courthouse News Service s9

COURTHOUSE NEWS SERVICE

Federal Regulation Brief

July 21, 2010

AGRICULTURE:

AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

COMMODITY CREDIT CORPORATION (CCC)

Wheat and Oilseed Programs, Durum Wheat Quality Program: Final rule, published July 20, 2010, effective July 20, 2010

[TEXT]

The Farm Service Agency and Commodity Credit Corporation implement specific requirements for the Durum Wheat Quality Program (DWQP) authorized by the Food, Conservation, and Energy Act of 2008. The 2008 Farm Bill authorizes the DWQP for fiscal years 2009 through 2012 to partially compensate producers for the cost of fungicides applied to durum wheat to control Fusarium head blight, commonly known as wheat scab.

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COMMERCE:

COMMERCE (DOC)

NEWLY PUBLISHED REGULATIONS

NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION (NOAA)

Atlantic Highly Migratory Species, Atlantic Bluefin Tuna Fisheries: Closure, published July 20, 2010, effective 11:59 p.m. July 18 through Dec. 31, 2010

[TEXT]

The National Marine Fisheries Service closes the northern area Angling category fishery for large medium and giant (trophy) BFT for the remainder of 2010. Fishing for, retaining, possessing, or landing large medium and giant BFT (measuring 73 inches curved fork length or greater) north of 39°18' N. lat. (off Great Egg Inlet, N.J.) is prohibited effective at 11:59 p.m., July 18, 2010. This action is taken to prevent overharvest of the 2010 Angling category quota northern area subquota for large medium and giant BFT.

Fisheries of exclusive economic zone off Alaska, Pacific ocean perch for catcher vessels participating in rockfish entry level trawl fishery, in the Central Regulatory Area of the Gulf of Alaska, closure: Temporary rule, modification of closure, published July 20, 2010, effective 1200 hrs, Alaska local time (A.l.t.), July 15 through 1200 hrs, A.l.t., July 17, 2010, comments by 4:30 p.m., A.l.t., July 30, 2010

[TEXT]

The National Marine Fisheries Service reopens directed fishing for Pacific ocean perch by trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the Gulf of Alaska. This action is to fully use the 2010 directed fishing allowance of Pacific ocean perch for trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the Gulf.

Fisheries of northeastern United States, Northeast Multispecies Fishery, pollock catch limit revisions: Emergency rule, request for comments, published July 20, 2010, effective July 15, 2010, through Jan. 11, 2011, comments by Aug. 19, 2010

[TEXT]

The National Marine Fisheries Service issues this emergency final rule as authorized under the Magnuson-Stevens Fishery Conservation and Management Act to implement new stock status determination criteria for pollock and associated increases in pollock catch limits under the Northeast Multispecies Fishery Management Plan.

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CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

PROPOSED REGULATIONS

Safety Standard for Bassinets and Cradles: Notice of reopening of comment period, published July 20, 2010, written comments by Sept. 10, 2010

[TEXT]

The Consumer Product Safety Commission reopens the comment period for its proposed rule on the Safety Standard for Bassinets and Cradles. The reopened comment period expires Sept. 10, 2010.

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POSTAL SERVICE (USPS)

NEWLY PUBLISHED REGULATIONS

Content of periodicals mail: Final rule, published July 20, 2010, effective Sept. 7, 2010

[TEXT]

The Postal Service revises Mailing Standards of the United States Postal Service, Domestic Mail Manual, to update present “content requirements” on materials eligible for mailing at periodicals prices with authorized periodicals publications.

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EDUCATION

EDUCATION (USDE)

PROPOSED REGULATIONS

Foreign Institutions–Federal Student Aid Programs: Notice of proposed rulemaking, published July 20, 2010, comments by Aug. 19, 2010

[TEXT]

The Department of Education proposes to implement provisions related to the eligibility of foreign institutions for participation in the federal student aid programs added to the Higher Education Act as amended by the Higher Education Opportunity, as well as other provisions related to the eligibility of a foreign institution by amending the regulations for Institutional Eligibility Under the Higher Education Act, the Student Assistance General Provisions, and the Federal Family Education Loan Program.

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ENVIRONMENT, ENERGY & RESOURCES:

ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

Amendments to national emission standards for hazardous air pollutants, area source standards for prepared feeds manufacturing: Direct final rule, published July 20, 2010, effective Nov. 2, 2010, without further notice, unless the Environmental Protection Agency receives adverse comment by Sept. 3, 2010

[TEXT]

The Environmental Protection Agency takes direct final action on three amendments to the regulatory text in the prepared feeds manufacturing area source rule to: correct the date for new sources to submit a Notification of Compliance Status form; correct information that needs to be included in the Notification of Compliance Report for those small facilities not required to install cyclones on their pelleting operations; add language to the regulatory text inadvertently left out of the final rule requiring submittal of the annual compliance certification report.

PROPOSED REGULATIONS

Amendments to national emission standards for hazardous air pollutants, area source standards for prepared feeds manufacturing: Proposed rule, published July 20, 2010, written comments by Sept. 3, 2010

[TEXT]

Approvals and promulgations of implementation plans and designations of areas for air quality planning purposes, Michigan, redesignation of Allegan County area to attainment for ozone: Proposed rule, published July 20, 2010, comments by Aug. 19, 2010

[TEXT]

The Environmental Protection Agency proposes to approve Michigan's request to redesignate the Allegan County, Michigan 8-hour ozone nonattainment area to attainment for the 1997 8-hour ozone standard, because the request meets the statutory requirements for redesignation under the Clean Air Act.

Regulation of fuels and fuel additives, 2011 renewable fuel standards: Notice of proposed rulemaking, published July 20, 2010, comments by Aug. 19, 2010, public hearing upon request

[TEXT][PDF]

Under the Clean Air Act Section 211(o), as amended by the Energy Independence and Security Act of 2007, the Environmental Protection Agency is required to set the renewable fuel standards each November for the following year based on gasoline and diesel projections from the Environmental Impact Assessment. This action also presents two proposed changes to the RFS2 regulations. The first would create a temporary and limited means for certain renewable fuel producers to generate delayed RINs after they have produced and sold renewable fuel. This proposed provision would apply only to those producers who use canola oil, grain sorghum, pulpwood, or palm oil to produce renewable fuel. The second proposed regulatory provision would establish criteria for foreign countries to adopt an aggregate approach to compliance with the renewable biomass provision akin to that applicable to the United States.

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DEPARTMENT OF THE INTERIOR (DOI)

PROPOSED REGULATIONS

FISH AND WILDLIFE SERVICE (USFWS)

Endangered and threatened wildlife and plants, 12-month finding on a petition to list the Amargosa toad as threatened or endangered: Notice of 12-month petition finding, published July 20, 2010, finding announced July 20, 2010

[TEXT][PDF]

The U.S. Fish and Wildlife Service announces a 12-month finding on a petition to list the Amargosa toad (Anaxyrus nelsoni) as threatened or endangered and to designate critical habitat under the Endangered Species Act. After review of all available scientific and commercial information, the agency finds that listing the Amargosa toad is not warranted at this time. However, the agency asks the public to submit any new information that becomes available concerning the threats to the Amargosa toad or its habitat at any time.

Endangered and threatened wildlife and plants, 90-day finding on a petition to list Pinus albicaulis (whitebark pine) as endangered or threatened with critical habitat: Notice of petition finding and initiation of status review, published July 20, 2010, information by Sept. 20, 2010

[TEXT]

After a 90-day review, the U.S. Fish and Wildlife Service announces that the petition to list Pinus albicaulis (whitebark pine) as endangered or threatened under the Endangered Species Act provides substantial scientific or commercial information indicating that listing P. albicaulis may be warranted. The agency now begins a status review, and requests scientific and commercial data on the species. If listing is warranted, the agency will make a determination on the petitioned action.

Endangered and threatened wildlife and plants, 90-day finding on a petition to list the Giant Palouse earthworm (Driloleirus americanus) as threatened or endangered: Notice of petition finding and initiation of status review, published July 20, 2010, information by Sept. 20, 2010, electronic comments by Sept. 20, 2010 Eastern Time

[TEXT]

After a 90-day review, the U.S. Fish and Wildlife Service announces that the petition to list the giant Palouse earthworm (Driloleirus americanus) as threatened or endangered under the Endangered Species Act provides substantial scientific or commercial information indicating that listing this species may be warranted. The agency now begins a status review, and requests scientific and commercial data on the species. If listing is warranted, the agency will make a determination on critical habitat.

Endangered and threatened wildlife and plants, revised critical habitat for Brodiaea filifolia (thread-leaved brodiaea): Proposed rule, reopening of comment period, published July 20, 2010, comments by Aug. 19, 2010

[TEXT]

The U.S. Fish and Wildlife Service announces the reopening of the public comment period on its Dec. 8, 2009, proposed revised designation of critical habitat for Brodiaea filifolia (thread-leaved brodiaea) under the Endangered Species Act of 1973. The agency also announces the availability of a draft economic analysis (DEA) and an amended required determinations section of the proposal. The agency reopens the comment period for an additional 30 days to allow all interested parties an opportunity to comment on all of the above. Any previously submitted comments do not need to be resubmitted because they are already incorporated into the public record and will be fully considered in the agency’s final determination.

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NUCLEAR REGULATORY COMMISSION (NRC)

PROPOSED REGULATIONS

Requirements for fingerprint-based criminal history records checks for individuals seeking unescorted access to research or test reactors: Proposed rule, published July 20, 2010, comments by Oct. 4, 2010, comments on information collection by Sept. 20, 2010

[TEXT]

The Nuclear Regulatory Commission proposes to amend its regulations to require research and test reactor licensees (also called nonpower reactor licensees) to obtain a fingerprint-based criminal history records check before granting any individual unescorted access to their facilities. This action is to comply with the requirements of Section 652 of the Energy Policy Act, which amended Section 149 of the Atomic Energy Act, to require fingerprinting and a Federal Bureau of Investigation identification and a criminal history records check of any person who is permitted unescorted access to a utilization facility.

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HEALTH:

HEALTH AND HUMAN SERVICES (HHS)

NEWLY PUBLISHED REGULATIONS

FOOD AND DRUG ADMINISTRATION (FDA)

Medical devices, pediatric uses of devices, requirements for submission of information on pediatric subpopulations that suffer from a disease or condition that a device is intended to treat, diagnose, or cure: Direct final rule withdrawal July 19, 2010, published July 20, 2010

[TEXT]

The Food and Drug Administration published in the April 1, 2010 Federal Register a direct final rule intended to make noncontroversial amendments to existing regulations which would require the submission of readily available pediatric medical device information as a part of premarket approval applications, requests for humanitarian use device exemptions, and any product development protocols. The comment period closed June 15, 2010. The FDA withdrawing the direct final rule because it received significant adverse comment.

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MONEY:

SECURITIES AND EXCHANGE COMMISSION (SEC)

NEWLY PUBLISHED REGULATIONS

Adoption of supplemental standards of ethical conduct for members and employees of SEC and revisions to SEC's ethics rules: Final rule, published July 20, 2010, effective Aug. 19, 2010

[TEXT]

The Securities and Exchange Commission with the concurrence of the Office of Government Ethics adopts supplemental standards of ethical conduct for the SEC's members and employees. The new supplemental standards give guidance to SEC members and employees on permitted, prohibited, and restricted financial interests and transactions and on engaging in outside employment and activities. In addition, the SEC has revised its ethics rules to make them compatible with the Office of Government Ethics' government-wide ethics provisions and to reflect current SEC policies.

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NATIONAL SECURITY:

HOMELAND SECURITY (DHS)

NEWLY PUBLISHED REGULATIONS

COAST GUARD (USCG)

Inland Navigation Rules, correction: Final rule, correction, published July 20, 2010, effective July 20, 2010

[TEXT]

In the April 15, 2010 Federal Register, the Coast Guard placed the Inland Navigation Rules into the Code of Federal Regulations. That publication contained an error in the “Discussion of the Rule” section. This error does not impact the regulations, but has caused confusion among some members of the public.

Regulated navigation areas, bars along the coasts of Oregon and Washington: Final rule, amendment, published July 20, 2010, effective Aug. 19, 2010

[TEXT]

The Coast Guard makes a change to the Regulated Navigation Area (RNA) covering the Umpqua River Bar in Oregon so that it does not include those waters between “Navigation Aid Number 8” and “Navigation Aid Number 6” on the Umpqua River. The change has been requested by a number of individuals and organizations that believe they are able to safely use those waters when the bar is restricted or closed.

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TRANSPORTATION

TRANSPORTATION (DOT)

NEWLY PUBLISHED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Certification of aircraft and airmen for the operation of light-sport aircraft, modifications to rules for sport pilots and flight instructors with a sport pilot rating, OMB approval of information collection: Final rule, Office of Management and Budget approval of information collection July 7, 2010, published July 20, 2010