Courthouse News Service s7

COURTHOUSE NEWS SERVICE

Federal Regulation Brief

Oct. 13, 2010

AGRICULTURE:

AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

Importation of fresh Unshu oranges from Republic of Korea into continental United States: Final rule, published Oct. 12, 2010, effective Nov. 12, 2010

[TEXT]

The Animal and Plant Health Inspection Service amends the regulations concerning the importation of citrus fruit to remove certain restrictions on the importation of Unshu oranges from the Republic of Korea that are no longer necessary.

PROPOSED REGULATIONS

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

Importation of shepherds purse with roots from Republic of Korea into United States: Proposed rule, published Oct. 12, 2010, comments by Dec. 13, 2010

[TEXT]

The Animal and Plant Health Inspection Service proposes to amend the regulations concerning the importation of fruits and vegetables to allow the importation of fresh shepherd's purse with roots from the Republic of Korea into the U.S. under a combination of mitigations to reduce the risk of introducing plant pests.

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COMMERCE:

COMMERCE (DOC)

NEWLY PUBLISHED REGULATIONS

INDUSTRY AND SECURITY BUREAU (BIS)

Additions to the list of validated end-users in the People’s Republic of China, Hynix Semiconductor China Ltd., Hynix Semiconductor (Wuxi) Ltd. and Lam Research Corporation: Final rule, published Oct. 12, 2010, effective Oct. 12, 2010, public comments on this regulation accepted on a continuing basis

[TEXT]

The Bureau of Industry and Security amends the Export Administration Regulations to add three end-users, Hynix Semiconductor (China) Ltd., Hynix Semiconductor (Wuxi) Ltd. and Lam Research Corporation to the list of validated end-users in the People’s Republic of China. With this rule, exports, re-exports and transfers (in-country) of certain items to one facility of Hynix Semiconductor (China) Ltd., one facility of Hynix Semiconductor (Wuxi) Ltd. and nine facilities of Lam Research Corporation in the People’s Republic of China are now authorized under Authorization Validated End-User.

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NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION (NOAA)

Fisheries of the exclusive economic zone off Alaska, pollock in Statistical Area 620 in the Gulf of Alaska: Temporary rule, closure, published Oct. 12, 2010, effective 1200 hrs. Alaska local time Oct. 6 to 2400 hrs. A.l.t. Dec. 31, 2010

[TEXT]

The National Marine Fisheries Service prohibits directed fishing for pollock in Statistical Area 620 in the Gulf of Alaska. This action is to prevent exceeding the 2010 total allowable catch of pollock for Statistical Area 620 in the Gulf of Alaska.

PROPOSED REGULATIONS

NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION (NOAA)

Fisheries of the Caribbean, Gulf of Mexico and South Atlantic, snapper–grouper fishery off southern Atlantic states, Amendment 17B: Proposed rule, published Oct. 12, 2010, written comments by 5 p.m. Eastern Time Nov. 26, 2010

[TEXT]

The National Marine Fisheries Service addresses overfishing of eight snapper-grouper species while maintaining catch levels consistent with achieving optimum yield, proposing to implement Amendment 17B to the fishery management plan for the snapper-grouper fishery of the South Atlantic Region, as prepared and submitted by the South Atlantic Fishery Management Council. This proposed rule would, for South Atlantic snapper-grouper, establish annual catch limits and accountability measures for eight snapper-grouper species undergoing overfishing; modify management measures to limit total mortality of those species to the annual catch limits; and add annual catch limits, annual catch targets and accountability measures to the management measures that may be amended via the framework procedure.

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COMMUNICATION (FCC)

NEWLY PUBLISHED REGULATIONS

Ultra-wideband transmission systems: Final rule, published Oct. 12, 2010, effective Nov. 12, 2010

[TEXT]

The Federal Communications Commission reaffirms certain rules and procedures for ultra-wideband devices that operate on an unlicensed basis of the agency’s rules. This action terminates the Ultra-Wideband Transmission Systems proceeding and is meant to provide certainty for the continued development of ultra-wideband equipment, including ground penetrating radars for underground imaging, through wall imaging systems, short-range high capacity data links and other applications.

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ENVIRONMENT, ENERGY & RESOURCES:

ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

Approvals and promulgations of implementation plans and designations of areas for air quality planning purposes, Tennessee, Knoxville, determination of attaining data for 1997 8-hour ozone standards: Final rule, published Oct. 12, 2010, effective Oct. 12, 2010

[TEXT]

The Environmental Protection Agency determines that Anderson, Blount, Jefferson, Knox, Loudon, and Sevier Counties in their entireties, and the part of Cocke County that falls within the boundary of the Great Smoky Mountains National Park (Knoxville Area) has attained the 1997 8-hour ozone NAAQS.

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HEALTH:

HEALTH AND HUMAN SERVICES (HHS)

NEWLY PUBLISHED REGULATIONS

FOOD AND DRUG ADMINISTRATION (FDA)

Implantation and injectable dosage form new animal drugs, ceftiofur crystalline free acid: Final rule, technical amendment, published Oct. 12, 2010, effective Oct. 12, 2010

[TEXT]

The Food and Drug Administration amends the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Pharmacia & Upjohn Co., a Division of Pfizer, Inc. The supplemental NADA provides for veterinary prescription use of ceftiofur crystalline free acid suspension in swine, by intramuscular injection, for the control of swine respiratory disease in groups of pigs where this disease has been diagnosed.

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MONEY:

SECURITIES AND EXCHANGE COMMISSION (SEC)

NEWLY PUBLISHED REGULATIONS

Delegation of authority to the Director of the Division of Trading and Markets: Final rule, published Oct. 12, 2010, effective Oct. 12, 2010

[TEXT]

The Securities and Exchange Commission amends its rules to revoke authority delegated to the Director of the Division of Trading and Markets to deny time extensions requested by self-regulatory organizations to comply with proposed rule changes, if two of the five commissioners to disapprove of a decision to deny a compliance extension to a proposed rule change.

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NATIONAL SECURITY:

HOMELAND SECURITY (DHS)

NEWLY PUBLISHED REGULATIONS

COAST GUARD (USCG)

Drawbridge operation regulations, Charles River, Boston, Massachusetts, maintenance: Notice of temporary deviation from regulations, published Oct. 12, 2010, effective Nov. 1, 2010 through April 26, 2011

[TEXT]

The U.S. Coast Guard District issues a temporary change in the regulation for the operation of the Craigie Bridge across the Charles River, mile 1.0, at Boston, Mass. to facilitate scheduled rehabilitation maintenance at the bridge.

Drawbridge operation regulations, Newtown Creek, Dutch Kills, English Kills and their tributaries, New York, maintenance: Notice of temporary deviation from regulations, published Oct. 12, 2010, effective Oct. 26 through Nov. 1, 2010

[TEXT]

The U.S. Coast Guard District issues a temporary change in the regulation for the operation of the Greenpoint Avenue Bridge across Newtown Creek, mile 1.3, N.Y. to allow the bridge to remain in the closed position for seven days for bridge rehabilitation maintenance.

Drawbridge operation regulations, Saugatuck River, Saugatuck, Connecticut: Notice of temporary deviation from regulations, published Oct. 12, 2010, effective

Oct. 12 to Oct. 17, 2010, effective with actual notice for enforcement Oct. 1 to Oct. 12, 2010

[TEXT]

The U.S. Coast Guard issues a temporary change in the regulation for the operation of the Saga Railroad Bridge across the Saugatuck River, mile 1.1, at Saugatuck, Conn. to facilitate scheduled rehabilitation maintenance at the bridge. Under this deviation the bridge may remain in the closed position from Oct. 1 through Oct. 17, 2010.

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SOCIAL SECURITY:

SOCIAL SECURITY (SSA)

PROPOSED REGULATIONS

Compassionate allowances for cardiovascular disease and multiple organ transplants: Announcement of public hearing, published Oct. 12, 2010, public hearing Eastern Standard Time 8:30 a.m. to 5 p.m. Nov. 9, 2010, in Baltimore, M.D., on the campus of the University of Maryland, Baltimore County in the University Center Ballroom, only invited witnesses will present testimony, proceedings are live via Webcast beginning at EST 9 a.m.

[TEXT]

The Social Security Administration will hold a hearing to obtain views about the advisability and possible methods of identifying and implementing compassionate allowances for both adults and children with cardiovascular diseases and multiple organ transplants. “Compassionate allowances” are ways to quickly identify diseases and other serious medical conditions that obviously meet the definition of disability under the Social Security Act and can be identified with minimal objective medical information.

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TRANSPORTATION

TRANSPORTATION (DOT)

NEWLY PUBLISHED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Establishment of Class E airspaces, Port Clarence, Alaska: Final rule, published Oct. 12, 2010, effective 0901 UTC, Jan. 13, 2011

[TEXT]

The Federal Aviation Administration establishes Class E airspace at Port Clarence

Coast Guard Station, Alaska. The U.S. Coast Guard operates this airstrip and has developed a military-use instrument approach procedure, which necessitates the establishment of Class E airspace.

Revision of Class E airspaces, Tanana, Alaska: Final rule, published Oct. 12, 2010, effective 0901 UTC, Nov. 18, 2010

[TEXT]

The Federal Aviation Administration revises Class E airspace at Tanana, Alaska. The amendment of Standard Instrument Approach Procedures at Ralph M. Calhoun Memorial Airport has made requires ensuring that sufficient airspace exists for air traffic management of Instrument Flight Rules operations.

Revision of Class E airspaces, Unalakleet, Alaska: Final rule, published Oct. 12, 2010, effective 0901 UTC, Jan. 13, 2011

[TEXT]

The Federal Aviation Administration revises Class E airspace at Unalakleet, Alaska. The amendment and development of two (each) Standard Instrument Approach Procedures, and the development of one Obstacle Departure Procedure at the Unalakleet Airport have made this action necessary to enhance safety by ensuring that sufficient Class E airspace exists for air traffic management of Instrument Flight Rules operations.

Revocations and establishments of Class E airspaces, Northeast Alaska: Final rule, published Oct. 12, 2010, effective 0901 UTC, Jan. 13, 2011

[TEXT]

The Federal Aviation Administration removes redundant Class E airspace in Northeast

Alaska and establishes Class E airspace near Eagle, Alaska. The recent removal of a Colored Federal Airway near Kaktovik, Alaska, duplication of controlled airspace near Mentasta Lake, Alaska, and the establishment of one Special Area Navigation Standard Instrument Approach Procedure at Eagle Airport, Alaska, have made these actions necessary to enhance safety by ensuring that sufficient airspace exists for the management of Instrument Flight Rules operations.

Revocations and establishments of Class E airspaces, St. George, Utah: Final rule, published Oct. 12, 2010, effective date, 0901 UTC, Jan. 13, 2011

[TEXT]

The Federal Aviation Administration removes Class E airspace at St. George, Utah, as the airport will be closing, eliminating the need for controlled airspace. This action establishes Class E airspace for the new St. George Municipal Airport to the south of the original airport. Controlled airspace is to accommodate aircraft using a new Area Navigation Global Positioning System, VHF Omni-Directional Radio Range/Distance Measuring Equipment, Localizer Type Directional Aid/Distance Measuring Equipment Standard Instrument Approach Procedures at the new airport.

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MARITIME ADMINISTRATION (MARAD)

Determinations of availability of coastwise-qualified vessels for transportation of platform jackets: Final rule, published Oct. 12, 2010, effective Nov. 12, 2010

[TEXT]

The Maritime Administration establishes regulations for administrative determinations of availability of coastwise-qualified vessels to be used in the transportation and, if needed, launch or installation of offshore oil drilling or production platform jackets in specified projects only. The MARAD views this as a special, technical adjustment that does not indicate a change in the MARAD's full support for other requirements of the coastwise laws.

Specifically, this final rulemaking implements provisions of Public Law 108-293 (2004) which requires the Secretary of Transportation, acting through the Maritime Administrator, to adopt procedures to maximize use of coastwise-qualified vessels, but would permit the use of non-coastwise-qualified (foreign) launch barges if it is determined that coastwise-qualified vessels are not available.

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NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)

List of nonconforming vehicles decided to be eligible for importation: Correction to final regulations, published Oct. 12, 2010, effective Oct. 12, 2010

[TEXT]

The National Highway Traffic Safety Administration corrects final regulations published in the Sept. 21, 2010 Federal Register that revised the list of vehicles not originally manufactured to conform to the Federal Motor Vehicle Safety Standards that the agency has decided will be eligible for importation.

PROPOSED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Air Ambulance and Commercial Helicopter Operations, Part 91 Helicopter Operations, and Part 135 aircraft operations, safety initiatives and miscellaneous amendments: Notice of proposed rulemaking, published Oct. 12, 2010, comments by Jan. 10, 2011

[TEXT][PDF]

In view of the increase in fatal helicopter air ambulance accidents from 2002 to 2008, the Federal Aviation Administration proposes equipment requirements, pilot training, and alternate airport weather minimums for commercial helicopter operations.

Flightcrew member duty and rest requirements: Notice of procedures for submission of clarifying questions, published Oct. 12, 2010, written clarifying questions by Oct. 15, 2010, to which the Federal Aviation Administration will respond by Oct. 22, 2010, comments by Nov. 15, 2010

[TEXT]

The Federal Aviation Administration notifies the public of procedures for submission of clarifying questions regarding a proposed Sept. 14, 2010 rule to amend existing flight, duty and rest regulations applicable to certificate holders and their flightcrew members.

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