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COURTHOUSE NEWS SERVICE

Federal Regulation Brief March 6, 2012

COMMERCE:

COMMERCE (DOC)

PROPOSED REGULATIONS

NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)

Fisheries of the exclusive economic zone off Alaska, Bering Sea and Aleutian Islands management area, Amendment 97: Notification of availability of fishery management plan amendment, request for comments, published March 6, 2012, comments by May 7, 2012 Text The North Pacific Fishery Management Council submitted Amendment 97 to the fishery management plan for groundfish of the Bering Sea and Aleutian Islands management area to the National Marine Fisheries Service for review. Amendment 97 would allow owners of vessels participating in the Amendment 80 Program, , to replace their vessels for any reason at any time. Amendment 97 includes provisions that would limit the length of a replacement vessel, extend Gulf of Alaska groundfish harvest limits known as “sideboards” to replacement vessels, require replacement vessels to meet certain safety standards established by the U.S. Coast Guard, and prevent replaced vessels from being used in federal groundfish fisheries off Alaska other than certain Bering Sea and Aleutian Islands groundfish fisheries. ------

POSTAL REGULATORY COMMISSION (PRC)

NEWLY PUBLISHED REGULATIONS

Product list update: Final rule, published March 6, 2012, effective March 6, 2012, applicability dates complex Text The Postal Regulatory Commission updates the market dominant and competitive product lists. This action reflects a publication policy adopted in a recent PRC order, which assumes periodic updates. ------

ENVIRONMENT, ENERGY & RESOURCES:

ENERGY (DOE)

PROPOSED REGULATIONS Protective force personnel medical, physical readiness, training, and access authorization standards: Notice of proposed rulemaking and public hearings, published March 6, 2012, written comments by April 5, 2012, oral views, data, and arguments may be presented at the public hearings scheduled March 15, 2012, in Germantown, Md., from 1:30 to 4:30 p.m., and March 21, 2012, in Albuquerque, N.M., from 1:30 to 4:30 p.m. Text The Department of Energy proposes to revise the regulation for the standards for medical, physical performance, training, and access authorizations for protective force personnel employed by contractors providing security services to the DOE. ------

ENVIRONMENTAL PROTECTION (EPA)

Final authorizations of state hazardous waste management program revisions, Texas: Immediate final rule, published March 6, 2012, effective May 7, 2012 unless adverse written comments are received by April 5, 2012 Text The Environmental Protection Agency authorizes the changes to Texas’ hazardous waste program under the Resource Conservation and Recovery Act.

Final authorizations of state hazardous waste management program revisions, Texas: Proposed rule, published March 6, 2012, written comments by April 5, 2012 Text The Environmental Protection Agency proposes to grant final authorization to Texas regarding its hazardous waste program under the Resource Conservation and Recovery Act. In the rules section, the EPA authorizes the changes by an immediate final rule.

Partial approval and issuance of implementation plans, Washington, infrastructure requirements for the 1997 8-hour ozone National Ambient Air Quality Standards: Proposed rule, published March 6, 2012, comments by April 5, 2012 Text The Environmental Protection Agency proposes to partially approve the State Implementation Plan (SIP), from the Washington State Department of Ecology, to demonstrate that the SIP meets the requirements of Section 110(a)(1) and (2) of the Clean Air Act for the National Ambient Air Quality Standards issued for ozone July 18, 1997. ------

DEPARTMENT OF THE INTERIOR (DOI) NEWLY PUBLISHED REGULATIONS

FISH AND WILDLIFE SERVICE (USFWS)

Endangered and threatened wildlife and plants, revised endangered status, revised critical habitat designation, and taxonomic revision for Monardella linoides ssp. viminea: Final rule, published March 6, 2012, effective April 5, 2012 PDF | Text The U.S. Fish and Wildlife Service retains the listing status of Monardella viminea (willowy monardella) as endangered, and removes Endangered Species Act protections from those individuals now recognized as the separate species Monardella stoneana (Jennifer's monardella), because the new species does not meet the definition of endangered or threatened under the act. The USFWS also revises designated critical habitat for Monardella linoides ssp. viminea. In total, approximately 122 acres in San Diego County, Calif., fall within the boundaries of the critical habitat designation.

FISH AND WILDLIFE SERVICE (USFWS)

Endangered and threatened wildlife and plants;, 5-year status reviews of 46 species in Idaho, Oregon, Washington, Nevada, Montana, Hawaii, Guam, and the Northern Mariana Islands: Notice of initiation of reviews, request for information, published March 6, 2012, new information by May 7, 2012, new information about any listed species at any time Text The U.S. Fish and Wildlife Service initiates 5-year reviews for 46 species in Idaho, Oregon, Washington, Nevada, Montana, Hawaii, Guam, and the Northern Mariana Islands under the Endangered Species Act. The USFWS requests any new information on these species that may have a bearing on their classification as endangered or threatened.

Endangered and threatened wildlife and plants, initiation of a 5-year review of nine Northeastern species: Notice of initiation of reviews, request for information, published March 6, 2012, written information by May 7, 2012, new information about any listed species at any time Text The U.S. Fish and Wildlife Service initiates 5-year reviews under the Endangered Species Act for nine northeastern species. The USFWS will review the following species, all listed as endangered under the act: Maryland darter, Virginia fringed mountain snail, Virginia big-eared bat, Hay's Spring amphipod, Lee County Cave isopod, and Shenandoah salamander. The USFWS also will review the following threatened species: Knieskern's beaked-rush, small whorled pogonia, and Virginia sneezeweed. ------

HEALTH: HEALTH AND HUMAN SERVICES (HHS)

FOOD AND DRUG ADMINISTRATION (FD)

Abbott Laboratories, Filing of Food Additive Petition: Notice of petition, published March 6, 2012 Text The Food and Drug Administration announces that Abbott Laboratories has filed a petition proposing that the food additive regulations be amended to provide for the expanded safe use of vitamin D3 as a nutrient supplement in food. ------

MONEY:

COMMODITY FUTURES TRADING COMMISSION (CFTC)

Identity theft red flags rules: Joint proposed rules and guidelines, published March 6, 2012, comments by May 7, 2012 Text The Commodity Futures Trading Commission and the Securities and Exchange Commission jointly issue proposed rules and guidelines to implement new statutory provisions enacted by Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act. These provisions amend Section 615(e) of the Fair Credit Reporting Act and direct the CFTC and the SEC to prescribe rules requiring entities subject to CFTC and SEC jurisdiction to address identity theft. Financial institutions and creditors would be required to develop and implement a written identity theft prevention program that is designed to detect, prevent, and mitigate identity theft in connection with certain existing accounts or the opening of new accounts. The CFTC and the SEC also propose guidelines to assist entities in the formulation and maintenance of a program that would satisfy the requirements of the proposed rules. The proposed rules would establish special requirements for any credit and debit card issuers that are subject to the CFTC’s and the SEC’s jurisdiction, to assess the validity of notifications of changes of address under certain circumstances. ------

SECURITIES AND EXCHANGE COMMISSION (SEC)

Identity theft red flags rules: Joint proposed rules and guidelines, published March 6, 2012, comments by May 7, 2012 Text The Commodity Futures Trading Commission and the Securities and Exchange Commission jointly issue proposed rules and guidelines to implement new statutory provisions enacted by Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act. These provisions amend Section 615(e) of the Fair Credit Reporting Act and direct the CFTC and the SEC to prescribe rules requiring entities subject to CFTC and SEC jurisdiction to address identity theft. Financial institutions and creditors would be required to develop and implement a written identity theft prevention program that is designed to detect, prevent, and mitigate identity theft in connection with certain existing accounts or the opening of new accounts. The CFTC and the SEC also propose guidelines to assist entities in the formulation and maintenance of a program that would satisfy the requirements of the proposed rules. The proposed rules would establish special requirements for any credit and debit card issuers that are subject to the CFTC’s and the SEC’s jurisdiction, to assess the validity of notifications of changes of address under certain circumstances. ------

NATIONAL SECURITY:

HOMELAND SECURITY (DHS)

COAST GUARD (USCG)

Security zones, G8/North Atlantic Treaty Organization Summit, Chicago, Illinois: Notice of proposed rulemaking, published March 6, 2012, comments by April 5, 2012 Text The U.S. Coast Guard proposes to establish four separate security zones on both the waters and waterfront area of Chicago Harbor and the Chicago River to restrict vessels, regardless of the mode of propulsion, and people from certain land and water areas during the G8/ North Atlantic Treaty Organization Summit and associated events, to be held May 16 through May 24, 2012. ------

TRANSPORTATION

TRANSPORTATION (DOT)

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, The Boeing Company airplanes: Final rule, published March 6, 2012, effective April 10, 2012 Text PURPOSE: This airworthiness directive (AD) was prompted by reports of scribe lines found at lap joints and butt joints, around external doublers and antennas, and at locations where external decals had been cut, related to Boeing 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes. This AD requires actions intended to detect and correct scribe lines, which can develop into fatigue cracks in the skin and cause sudden decompression of the airplane.

SUMMARY: The Federal Aviation Administration adopts a new AD for certain The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes. This AD requires inspections for scribe lines in affected lap and butt splices, wing-to-body fairing locations, and external repair and cutout reinforcement areas; and related investigative and corrective actions if necessary.

Airworthiness directives, Bombardier, Inc. airplanes: Final rule, published March 6, 2012, effective April 10, 2012 Text PURPOSE: This airworthiness directive (AD) was prompted by reports of the air- driven generator (ADG) failing to provide power during operational/function checks due to wires in the ADG power feeder cables being damaged in certain Bombardier, Inc. Model CL-600-2B16 (CL-604 Variant) airplanes. The damage was due to galvanic corrosion and inadequate silver-plating. This AD requires replacing ADG power feeder cables. This AD requires actions intended to prevent galvanic corrosion on ADG power feeder cables, which could result in damage to the cable and consequently the cable may not be able to provide emergency electrical power to the airplane.

SUMMARY: The Federal Aviation Administration adopts a new AD for certain Bombardier, Inc. Model CL-600-2B16 (CL-604 Variant) airplanes.

Airworthiness directives, Bombardier, Inc. airplanes: Final rule, published March 6, 2012, effective April 10, 2012 Text PURPOSE: This airworthiness directive (AD) was prompted by reports of cracking of the Bombardier, Inc. Model DHC-8 Series 100 rudder actuator mounting bracket. This AD requires modifying the mounting adapters of the power control unit (PCU). This AD requires actions intended to prevent loss of both rudder PCU actuators which could result in free play of the rudder control surface and loss of controllability of the airplane.

SUMMARY: The Federal Aviation Administration adopts a new AD for certain Bombardier, Inc. Model DHC-8-102, -103, and -106 airplanes and Model DHC-8-200, -300, and -400 series airplanes.

Amendment of Class E Airspace, Springfield, Tennessee: Final rule, published March 6, 2012, effective 0901 UTC, April 5, 2012 Text The Federal Aviation Administration amends Class E Airspace in the Springfield, Tenn. area because Aydelotte Airport has been abandoned and controlled airspace is no longer needed. This action also makes a minor adjustment to the geographic coordinates of the Springfield Robertson County Airport. PROPOSED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, BAE SYSTEMS (OPERATIONS) LIMITED Model 4101 airplanes: Notice of proposed rulemaking, published March 6, 2012, comments by April 20, 2012 Text PURPOSE: This proposed airworthiness directive (AD) was prompted by reports of cracking found in the wing rear spar in BAE SYSTEMS (Operations) Limited Model 4101 airplanes. This proposed AD would require a one-time detailed inspection for cracks, corrosion, and other defects of the rear face of the wing rear spar, and repair if necessary. This proposed AD would require actions intended to detect and correct cracking in the rear spar, which could propagate to a critical length, possibly affecting the structural integrity of the area and resulting in a fuel tank rupture, with consequent damage to the airplane and possible injury to its occupants.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for all BAE SYSTEMS (Operations) Limited Model 4101 airplanes.

Airworthiness directives, BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 146 and Avro 146-RJ airplanes: Notice of proposed rulemaking, published March 6, 2012, comments by April 20, 2012 Text PURPOSE: This proposed airworthiness directive (AD) was prompted by a report of a crack found on the left-hand sidewall well on the nose landing gear (NLG) related to certain BAE SYSTEMS (OPERATIONS) LIMITED Model BAE 146 and Avro 146-RJ airplanes. This proposed AD would require performing a repetitive high frequency eddy current inspection of the stiffeners on the left-hand sidewall on the NLG gear bay for cracks, and repair or replace the sidewall if necessary. The repetitive inspections may stop if the sidewall is replaced with a sidewall with a certain part number. This proposed AD would require actions intended to detect and correct failure of the sidewall, which could result in in-flight rapid decompression of the cabin and injury to the passengers.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for certain BAE SYSTEMS (OPERATIONS) LIMITED Model BAE 146 and Avro 146-RJ airplanes. ------

VETERANS:

VETERANS (VA)

Exempting in-home video telehealth from copayments: Direct final rule, published March 6, 2012, effective May 7, 2012, without further notice, unless relevant adverse comments are received by April 5, 2012 Text The Department of Veterans Affairs amends its regulation for VA services not subject to copayment requirements for inpatient hospital care or outpatient medical care. Specifically, the regulation is amended to exempt in-home video telehealth care from having any required copayment. This removes a barrier that may have previously discouraged veterans from choosing to use in-home video telehealth as a viable medical care option. In turn, the VA hopes to make the home a preferred place of care, whenever medically appropriate and possible.

Exempting in-home video telehealth from copayments: Proposed rule, published March 6, 2012, written comments by April 5, 2012 Text The Department of Veterans Affairs proposes to amend its regulation for VA services not subject to copayment requirements for inpatient hospital care or outpatient medical care. Specifically, the regulation would be amended to exempt in-home video telehealth care from having any required copayment. This would remove a barrier that may have previously discouraged veterans from choosing to use in-home video telehealth as a viable medical care option. In turn, the VA hopes to make the home a preferred place of care, whenever medically appropriate and possible. ------