COURTHOUSE NEWS SERVICE
Federal Regulation Brief
March 31, 2010
AGRICULTURE:
AGRICULTURE (USDA)
NEWLY PUBLISHED REGULATIONS
FEDERAL CROP INSURANCE CORPORATION (FCIC)
Common Crop Insurance regulations, basic provisions, and various crop insurance provisions: Final rule, published March 30, 2010, effective April 29, 2010, applicable for the 2011 and succeeding crop years for all crops with a 2011 contract change date on or after April 30, 2010, and for 2012 and succeeding crop years for all crops with a 2011 contract change date prior to April 30, 2010
[TEXT]
The Federal Crop Insurance Corporation finalizes the Common Crop Insurance Regulations, Basic Provisions, Small Grains Crop Insurance Provisions, Cotton Crop Insurance Provisions, Sunflower Seed Crop Insurance Provisions, Coarse Grains Crop Insurance Provisions, Malting Barley Crop Insurance Provisions, Rice Crop Insurance Provisions, and Canola and Rapeseed Crop Insurance Provisions to provide revenue protection and yield protection. The amended provisions replace the Crop Revenue Coverage, Income Protection, Indexed Income Protection, and the Revenue Assurance plans of insurance. These individual plans of insurance are no longer available. The intended effect of this action is to offer producers a choice of revenue protection (protection against loss of revenue caused by low prices, low yields or a combination of both) or yield protection (protection for production losses only) within one Basic Provisions and the applicable Crop Provisions to reduce the amount of information producers must read to determine the best risk management tool for their operation and to improve the prevented planting and other provisions to better meet the needs of insured producers. In addition, the agency has revised the Texas Citrus Tree Crop Insurance Provisions, Pear Crop Insurance Provisions, Sugarcane Crop Insurance Provisions, Macadamia Tree Crop Insurance Provisions, Macadamia Nut Crop Insurance Provisions, Onion Crop Insurance Provisions, Dry Pea Crop Insurance Provisions, Plum Crop Insurance Provisions, and Cabbage Crop Insurance Provisions to correct specific references to the revised Common Crop Insurance Regulations, Basic Provisions. Further, the agency has revised certain provisions to incorporate provisions from previous rules implementing the Food, Conservation, and Energy Act.
Common Crop Insurance Regulations, Florida Avocado Crop Insurance Provisions: Final rule, published March 30, 2010, effective April 29, 2010
[TEXT]
The Federal Crop Insurance Corporation finalizes the Common Crop Insurance Regulations, Florida Avocado Crop Insurance Provisions to convert the Florida avocado pilot crop insurance program to a permanent insurance program for the 2011 and succeeding crop years.
------
------
FOOD AND NUTRITION SERVICE (FNS)
Special Supplemental Nutrition Program for Women, Infants and Children, Vendor Cost Containment, correction: Final rule, published March 30, 2010, effective March 30, 2010
[TEXT]
The Food and Nutrition Service makes administrative corrections to a final rule published in the Oct. 8, 2009 Federal Register entitled “Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Vendor Cost Containment.”
------
------
------
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 cod by catcher vessels less than 60 feet (18.3 m) length overall using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area: Temporary rule, closure, published March 30, 2010, effective 1200 hrs. Alaska local time March 25 to 2400 hrs. A.l.t. Dec. 31, 2010
[TEXT]
The National Marine Fisheries Service prohibits directed fishing for Pacific cod by catcher vessels less than 60 feet length overall using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area to prevent exceeding the 2010 Pacific cod total allowable catch allocated to catcher vessels less than 60 feet length overall using hook-and-line or pot gear in the area.
Magnuson–Stevens Fishery Conservation and Management Act provisions, fisheries of the northeastern United States, northeast multispecies fishery, modification of the yellowtail flounder landing limit for the U.S./Canada management area: Temporary rule, increase of landing limit, published March 30, 2010, effective 0001 hours March 24 through April 30, 2010
[TEXT]
The National Marine Fisheries Service increases the Georges Bank yellowtail flounder trip limit to 5,000 lb for northeast multispecies days-at-sea vessels fishing in the U.S./Canada management 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, red snapper management measures: Proposed rule, published March 30, 2010, written comments by April 14, 2010
[TEXT]
The National Marine Fisheries Service proposes to implement a regulatory amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico prepared by the Gulf of Mexico Fishery Management Council. This proposed rule would increase the commercial and recreational quotas for red snapper and provide an estimated closure date for the 2010 recreational red snapper component of the Gulf of Mexico reef fish fishery. The proposed rule is to help achieve optimum yield by relaxing red snapper harvest limitations consistent with the findings of the recent stock assessment for this species.
------
------
------
ENVIRONMENT, ENERGY & RESOURCES:
ENERGY (DOE)
NEWLY PUBLISHED REGULATIONS
FEDERAL ENERGY REGULATORY COMMISSION (FERC)
Revisions to form, procedures, and criteria for certification of qualifying facility status for a small power production or cogeneration facility: Final rule, published March 30, 2010, effective June 1, 2010
[TEXT][PDF]
The Federal Energy Regulatory Commission revises its regulations, which prior to this Final Rule provided the FERC Form No. 556 used in the certification of qualifying status for an existing or proposed small power production or cogeneration facility. The adopted revisions remove the contents of the Form No. 556 from the regulations, and, in their place, provide that an applicant seeking to certify qualifying facility (QF) status of a small power production or cogeneration facility must complete, and electronically file, the Form No. 556 in effect at the time of filing. The agency also adopts an exemption that applies to generating facilities with net power production capacities of 1 MW or less. The lower wattage facilities may file either a notice of self-certification or an application for agency certification, to be considered a qualifying facility. Additionally, the FERC codifies the agency's authority to waive the QF certification requirement for good cause.
------
------
------
ENVIRONMENTAL PROTECTION (EPA)
PROPOSED REGULATIONS
Approval and promulgation of air quality implementation plans, Texas, revisions to the Discrete Emission Credit Banking and Trading Program: Proposed rule, published March 30, 2010, comments by April 29, 2010
[TEXT]
The Environmental Protection Agency proposes to approve severable parts of two revisions to the Texas State Implementation Plan (SIP) submitted by the state of Texas Oct. 24, 2006, and Aug. 16, 2007 amending existing sections and create a new section in Title 30 of the Texas Administrative Code (TAC), Chapter 101--General Air Quality Rules, Subchapter H--Emissions Banking and Trading, Division 4--Discrete Emission Credit Banking and Trading, referred to elsewhere in this notice as the Discrete Emission Reduction Credit (DERC) Program.
Approval and promulgation of air quality implementation plans, Texas, revisions to the Emission Credit Banking and Trading Program: Proposed rule, published March 30, 2010, comments by April 29, 2010
[TEXT]
The Environmental Protection Agency proposes to approve severable parts of two revisions to the Texas State Implementation Plan (SIP) submitted by the state of Texas Oct. 24, 2006, and Aug. 16, 2007 amending existing sections and create a new section in Title 30 of the Texas Administrative Code (TAC), Chapter 101--General Air Quality Rules, Subchapter H--Emissions Banking and Trading, Division 1--Emission Credit Banking and Trading, referred to elsewhere in this notice as the Emission Reduction Credit (ERC) Program.
Requirements for control technology determinations for major sources in accordance with Clean Air Act Sections, Sections 112(g) and 112(j): Proposed rule, published March 30, 2010, comments by April 29, 2010, unless a public hearing is requested by April 14, 2010, if a hearing is requested written comments by May 14, 2010, comments on the information collection provisions to the Office of Management and Budget by April 29, 2010
[TEXT]
The Environmental Protection Agency proposes to amend the rule for case-by-case emission limits for major sources of hazardous air pollutants under Section 112(j) of the Clean Air Act. Specifically, the EPA proposes revisions to the Section 112(j) rule to clarify and streamline the process for establishing case-by-case emission limits in the case of the complete vacatur of a Section 112(d) rule applicable to a major source category initially listed under Section 112(c)(1). In addition, the EPA also proposes revisions that would eliminate provisions of the Section 112(j) rule that are obsolete or redundant.
------
------
------
HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
NEWLY PUBLISHED REGULATIONS
FOOD AND DRUG ADMINISTRATION (FDA)
New animal drugs for use in animal feeds: CFR correction, published March 30, 2010
[TEXT]
In Title 21 of the Code of Federal Regulations, Parts 500 to 599, revised as of April 1, 2009, in Section 558.55, on page 408, at the end of the table to paragraph (d)(2), footnote 1 is reinstated to read as follows:
\1\ Bacitracin zinc in Section 510.600(c) of this chapter.
PROPOSED REGULATIONS
FOOD AND DRUG ADMINISTRATION (FDA)
Revisions of requirements for constituent materials: Proposed rule, published March 30, 2010, electronic or written comments by June 28, 2010, comments on information collection by April 29, 2010
[TEXT]
The Food and Drug Administration proposes to amend the biologics regulations to permit the Director of the Center for Biologics Evaluation and Research (CBER) or the Director of the Center for Drug Evaluation and Research (CDER), as appropriate, to approve exceptions or alternatives to the regulation for constituent materials. The
FDA takes this action due to advances in developing and manufacturing safe, pure, and potent biological products licensed under a section of the Public Health Service Act that, in some instances, render the existing constituent materials regulation too prescriptive and unnecessarily restrictive. This rule provides manufacturers of licensed biological products with flexibility, as appropriate, to employ advances in science and technology as they become available, without diminishing public health protections.
------
------
------
LAW AND CRIME:
DEPARTMENT OF JUSTICE (DOJ)
PROPOSED REGULATIONS
DRUG ENFORCEMENT ADMINISTRATION (DEA)
Schedules of controlled substances, exempted prescription product, River Edge Pharmaceutical, Servira: Notice of proposed rulemaking, published March 30, 2010, written comments postmarked by April 29, 2010, electronic comments by midnight April 29, 2010
[TEXT]
The Drug Enforcement Administration proposes the amendment of the list of Exempted Prescription Products cited in the Code of Federal Regulations to add one for exemption for River Edge Pharmaceutical’s Servira. Having reviewed this application and relevant information, the agency finds that this preparation has no significant potential for abuse. Therefore, the agency proposes that this product be added to the list of Exempted Prescription Products and exempted from the application of certain provisions of the Controlled Substances Act.
------
------
------
MONEY:
TREASURY (USDT)
NEWLY PUBLISHED REGULATIONS
INTERNAL REVENUE SERVICE (IRS)
Consolidated returns, intercompany obligations: CFR correction, published March 30, 2010
[TEXT]
In Title 26 of the Code of Federal Regulations, Part 1 (Sections 1.1401 to 1.1550), revised as of April 1, 2009, on page 347, in Section 1.1502-13, the first paragraph (g)(3)(i)(B)(1)(vi) is moved into numerical order to follow (g)(3)(i)(B)(1)(v), the second paragraph (g)(3)(i)(B)(1)(vi) is removed, and paragraph (g)(3)(i)(B)(1)(iv) is reinstated to read as follows:
Section 1.1502-13 Intercompany transactions.
* * * * *
(g) * * *
(3) * * *
(i) * * *
(B) * * *
(1) * * *
(iv) The transferee member has a nonmember shareholder;
* * * * *
Employment taxes and collection of income tax at source: CFR correction, published March 30, 2010
[TEXT]
In Title 26 of the Code of Federal Regulations, Parts 30 to 39, revised as of April 1, 2010, on page 262, in Section 31.3402(o)-3, the fifth sentence in paragraph (c) is replaced with three sentences to read as follows:
Section 31.3402(o)-3 Extension of withholding to sick pay.
* * * * *
(c) * * * If the payee is paid sick pay on a semimonthly basis, the specific whole dollar amount shall be at least $44 per semimonthly payment of sick pay. If the payee is paid sick pay on a monthly basis, the specific whole dollar amount shall be at least $88 per monthly payment of sick pay. If the payee is paid sick pay on a basis other than weekly, daily, biweekly, semi-monthly, or monthly, the specific whole dollar amount shall be the equivalent of at least $4 per day, assuming a 5 day work week of 8 hours per day (40 hours total) in each 7 day calendar week. * * *
* * * * *
Exclusions from gross income of foreign corporations: CFR correction, published March 30, 2010
[TEXT]
In Title 26 of the Code of Federal Regulations, Part 1 (Sections 1.851 to 1.907), revised as of April 1, 2009, on page 444, in Section 1.883-0, under the heading Section 1.883-1, paragraphs (g)(3)(i), (g)(3)(ii), (h)(3)(i), (h)(3)(ii), and (h)(3)(iii) are removed.
------
------
------
NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Safety zone, United Portuguese SES Centennial Festa, San Diego Bay, San Diego, California: Temporary final rule, published March 30, 2010, effective 9 p.m. to 9:30 p.m. May 16, 2010
[TEXT]
The U.S. Coast Guard establishes a safety zone on the navigable waters of the San Diego Bay for the United Portuguese SES Centennial Festa. People and vessels are prohibited from entering into, traveling through or anchoring within this temporary safety zone unless authorized by the Captain of the Port or a designated representative.
------
------
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
Suspension of community eligibility: Correction, published March 30, 2010
[TEXT]
The Federal Emergency Management agency corrects the March 25, 2010 rule document 2010-6632. On page 14356, the department docket number is corrected and on page 14357, in the fourth column, under the heading “Current effective map date,” the date is corrected to read April 5, 2010.
------
------
------
TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS