COURTHOUSE NEWS SERVICE
Federal Regulation Brief
July 14, 2010
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, pelagic shelf rockfish in the Western Regulatory Area of the Gulf of Alaska: Temporary rule, closure, published July 13, 2010, effective 1200 hrs. Alaska local time July 8 to 2400 hrs. A.l.t. Dec. 31, 2010
[TEXT]
The National Marine Fisheries Service prohibits directed fishing for pelagic shelf rockfish in the Western Regulatory Area of the Gulf of Alaska. This action is to prevent exceeding the 2010 total allowable catch of pelagic shelf rockfish in the Western Regulatory Area of the Gulf of Alaska.
Fisheries of the exclusive economic zone off Alaska, rockfish in the Western Regulatory Area of the Gulf of Alaska: Temporary rule, closure, published July 13, 2010, effective 1200 hrs. Alaska local time July 8 to 2400 hrs. A.l.t. Dec. 31, 2010
[TEXT]
The National Marine Fisheries Service prohibits directed fishing for northern rockfish in the Western Regulatory Area of the Gulf of Alaska. This action is to prevent exceeding the 2010 total allowable catch of northern rockfish in the Western Regulatory Area of the Gulf of Alaska.
PROPOSED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the exclusive economic zone off Alaska, Community Development Quota Program: Proposed rule, published July 13, 2010, comments by Aug. 12, 2010
[TEXT]
The National Marine Fisheries Service proposes to amend regulations for fisheries managed under the Western Alaska Community Development Quota (CDQ) Program to revise regulations associated with recordkeeping, vessel licensing, catch retention requirements and fisheries observer requirements to ensure that they are no more restrictive than the regulations in effect for comparable non-CDQ fisheries managed under individual fishing quotas or cooperative allocations.
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COMMUNICATION (FCC)
NEWLY PUBLISHED REGULATIONS
Structure and practices of the video relay service program: Interim rule, published July 13, 2010, effective dates complex, written comments on the new information collections by Sept. 13, 2010
[TEXT]
The Federal Communications Commission addresses the certification of provider information for Telecommunications Relay Services calls. To keep more money in the Interstate Telecommunications Relay Services Fund, the FCC requires providers to be more accountable for their submissions.
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ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Emergency Planning and Community Right-to-Know Act, guidance on reporting options for Sections 311 and 312 and interpretations: Guidance and interpretations, published July 13, 2010, effective July 13, 2010
[TEXT]
The U.S. Environmental Protection Agency provides guidance on various reporting options that states and local agencies may choose in implementing Sections 311 and 312 of the Superfund Emergency Planning and Community Right-to-Know Act. The act is meant to encourage states and local agencies to prepare for and respond to releases of extremely hazardous substances and to provide the public with information on potential chemical risks in their communities.
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HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
PROPOSED REGULATIONS
CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)
Medicare Program, payment policies under the physician fee schedule and other revisions to Part B (for CY 2011): Proposed rule, published July 13, 2010, comments by 5 p.m. Aug. 24, 2010
[TEXT][PDF]
The Centers for Medicare & Medicaid Services propose a rule to address proposed changes to the physician fee schedule and other Medicare Part B payment policies to ensure that the CMS’s payment systems are updated to reflect changes in medical practice and the relative value of services. It also addresses, implements or discusses certain provisions of both the Affordable Care Act and the Medicare Improvements for Patients and Providers Act. In addition, this proposed rule discusses payments under the Ambulance Fee Schedule, Clinical Laboratory Fee Schedule, payments to ESRD facilities, and payments for Part B drugs. Finally, the proposed rule includes a discussion regarding the Chiropractic Services Demonstration program, the Competitive Bidding Program for Durable Medical Equipment and Provider and Supplier Enrollment Issues associated with Air Ambulances.
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HOUSING:
HOUSING AND URBAN DEVELOPMENT (HUD)
PROPOSED REGULATIONS
Manufactured Home Construction and Safety Standards: Proposed rule, published July 13, 2010, comments by Sept. 13, 2010
[TEXT][PDF]
The Office of the Assistant Secretary for Housing--Federal Housing Commissioner proposes a rule that would amend the Federal Manufactured Home Construction and Safety Standards by adopting certain recommendations made to the HUD by the Manufactured Housing Consensus Committee (MHCC). Nov. 30, 2005 HUD published a final rule that incorporated an initial set of revisions based on MHCC recommendations; this is the proposed rule for the second set of revisions, which are based on new MHCC recommendations. Any revisions HUD has made have been reviewed and accepted by the MHCC.
Most of the proposed changes would codify existing practices or conform HUD standards to existing building codes. Only two standards in this rule would have an impact on the production cost of manufactured homes: the requirement that shower and bath valves use anti-scald mixing valves, and the increase in minimum insulation levels for cross-under ducts.
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NATIONAL SECURITY:
DEFENSE (DoD)
NEWLY PUBLISHED REGULATIONS
DEFENSE ACQUISITION REGULATIONS SYSTEM (DARS)
Defense Federal Acquisition Regulation Supplement, Bundling of Contracts of the Department of Defense (DFARS Case 2009–D033): Interim rule with request for comments, published July 13, 2010, effective July 13, 2010, written comments by Sept. 13, 2010
[TEXT]
The Department of Defense amends the Defense Federal Acquisition Regulation Supplement to implement Section 820 of the National Defense Authorization Act for Fiscal Year 2010.
Defense Federal Acquisition Regulation Supplement, Notification Requirements for Awards of Single-Source Task or Delivery Orders (DFARS Case 2009–D036): Interim rule with request for comments, published July 13, 2010, effective July 13, 2010, written comments Sept. 13, 2010
[TEXT]
The Department of Defense amends the Defense Federal Acquisition Regulation Supplement to implement Section 814 of the National Defense Authorization Act for Fiscal Year 2010.
Defense Federal Acquisition Regulation Supplement, Payments in Support of Emergencies and Contingency Operations (DFARS Case 2009–D020): Interim rule with request for comments, published July 13, 2010, effective July 13, 2010, written comments by Sept. 13, 2010
[TEXT]
The Department of Defense amends the Defense Federal Acquisition Regulation Supplement to bring the DoD into compliance with the Office of Management and Budget implementation of the Prompt Payment Act by exempting military contingencies, and certain payments related to emergencies and the release or threatened release of hazardous substances.
Defense Federal Acquisition Regulation Supplement, technical amendment: Final rule, published July 13, 2010, effective July 13, 2010
[TEXT]
The Department of Defense corrects the date of Defense Federal Acquisition Regulation Supplement clause 252.222-7006.
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HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Regulated navigation area, Hudson River and Port of New York/New Jersey: Temporary interim rule with request for comments, published July 13, 2010, effective July 13 to Oct. 31, 2010, enforced 3 a.m. July 12 to 11:30 p.m. Aug. 7, 2010, comments by Aug. 12, 2010, public meeting requests by Aug.12, 2010
[TEXT]
The U.S. Coast Guard establishes a regulated navigation area from Port Coeymans, N.Y. on the Hudson River to Jersey City, N.J. on Upper New York Bay, and from Jersey City to the Willis Avenue Bridge site on the Harlem River, N.Y., including all waters of the East River between these two locations. This action is to provide for the safety of life on the navigable waters during the load out and transit of the Willis Avenue Bridge replacement span.
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TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Airbus Model A330–200 and –300 airplanes and Model A340–200, –300, –500, and –600 airplanes: Final rule, published July 13, 2010, Aug. 17, 2010
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration supersedes an existing AD for Airbus Model A330–200 and –300 airplanes and Model A340–200, –300, –500, and –600 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Uncontained APU [auxiliary power unit] generator failures on ground have occurred on Airbus A330 aircraft in service. APU generator design is common to all A330 and A340 aircraft.
Preliminary investigations confirmed that these failures have resulted in structural damage to the APU compartment and, in one case, to the stabiliser compartment. Loose APU generator parts can lead to damage to the APU firewall, reducing its fire extinguishing capability and potentially leading to a temporary uncontrolled fire.
Although the root cause has not yet been determined, the investigation showed a sequence of events where a collapse of the Drive End Bearing (DEB) leads to an uncontained failure. Evidence has also shown that the DEB failures are not instantaneous, and therefore, the detection of small debris could indicate early stage of a DEB failure.
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Airworthiness directives, Airbus Model A330–200 and –300, and Model A340–200, –300, –500 and –600 series airplanes: Final rule, published July 13, 2010, effective Aug. 17, 2010
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration adopts a new AD for Airbus Model A330–200 and –300, and Model A340–200, –300, –500 and –600 series airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
* * * [P]artial blockage of the water absorbing filter element P/N (part number) QA06123 was observed several times. The blockage was created by carbon debris from the cartridge and from the burst disc of the Halon bottle.
This water absorbing filter element is part of Halon Dual-Filter Assembly installed also in the Flow Metering System (FMS) of the cargo compartment Fire Extinguishing System used in the A330 and A340 aeroplanes.
Blockage of the water absorbing filter element could lead to reduction of Halon outflow, leading to incapacity to maintain fire extinguishing agent concentration. Combined with fire, this could result in an uncontrolled fire in the affected compartment, which would constitute an unsafe condition.
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Airworthiness directives, Aircraft Industries a.s. Model L13 Blanik gliders: Final rule, published July 13, 2010, effective July 19, 2010, comments by Aug. 27, 2010
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration adopts a new AD for Aircraft Industries a.s. Model L13 Blanik gliders. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
A fatal accident occurred to a L-13 BLANIK sailplane, in which the main spar of the right wing failed near the root due to positive load. The right wing detached from the aircraft and the pilots lost control of the sailplane.
The preliminary investigation has revealed that the fracture may have been due to fatigue.
Airworthiness directives, Boeing Co. Model 757 airplanes, Model 767 airplanes, and Model 777–200, and -300 series airplanes: Final rule, published July 13, 2010, effective Aug. 17, 2010
[TEXT]
PURPOSE: This airworthiness directive (AD) results from several reports of electrical arcs at the terminal blocks of the electrically heated flightdeck window 1 in certain Boeing Co. Model 757 airplanes, Model 767 airplanes, and Model 777–200, and -300 series airplanes. This AD requires actions intended to prevent smoke and fire in the cockpit, which could lead to loss of visibility, and injuries to or incapacitation of the flightcrew.
SUMMARY: The Federal Aviation Administration adopts a new AD for certain Boeing Co. Model 757 airplanes, Model 767 airplanes, and Model 777-200 and -300 series airplanes. This AD requires repetitive inspections for damage of the electrical terminal at the left and right flightdeck window 1, and corrective actions if necessary. This AD also allows for replacing the flightdeck window 1 with a new improved flightdeck window equipped with different electrical connections, which, if completed, ends the need for the repetitive inspections for that flightdeck window 1.
Airworthiness directives, Bombardier, Inc. Model DHC–8–400 series airplanes: Final rule, published July 13, 2010, effective Aug. 17, 2010
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration adopts a new AD for Bombardier, Inc. Model DHC–8–400 series airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Certain main landing gear components have experienced premature failure during certification testing. Revision has been made to the DHC-8-400 Maintenance Requirements Manual, Airworthiness Limitation Items, to incorporate the revised safe life limits for the main landing gear lock actuator assembly, retraction actuator assembly rod end and piston, and the upper bearing in the main landing gear shock strut assembly. Failure of these components could adversely affect the structural integrity of the main landing gear.
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Airworthiness directives, Bombardier, Inc. Model DHC–8–400, –401, and –402 airplanes: Final rule, published July 13, 2010, effective Aug. 17, 2010
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration supersedes an existing AD for Bombardier, Inc. Model DHC–8–400, –401, and –402 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: