Courthouse News Service s3

COURTHOUSE NEWS SERVICE

Federal Regulation Brief July 7, 2010

AGRICULTURE:

AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

AGRICULTURAL MARKETING SERVICE (AMS)

Changes in handling requirements for fresh nectarines and peaches, nectarines and peaches grown in California: Affirmation of interim rule as final rule, published July 6, 2010, effective July 7, 2010 [TEXT] The Department of Agriculture adopts, as a final rule, without change, an interim rule that changed the handling requirements applicable to well matured fruit covered under the nectarine and peach marketing orders. The interim rule updated the lists of commercially significant varieties subject to size regulations under the orders for the season, which began in April.

National Organic Program; Amendments to the National List of Allowed and Prohibited Substances (Crops): Final rule, published July 6, 2010, effective July 7, 2010 [TEXT] The Agricultural Marketing Service amends the U.S. Department of Agriculture's National List of Allowed and Prohibited Substances to enact two recommendations submitted to the Secretary of Agriculture by the National Organic Standards Board Nov. 19, 2008, and May 6, 2009. This final rule revises the annotation for tetracycline to eliminate the parenthetical reference and add an expiration date, and adds sulfurous acid, along with a restrictive annotation, to the National List for use in organic crop production.

Relaxation of handling Regulation for Area No. 3, Irish potatoes grown in Colorado: Affirmation of interim rule as final rule, published July 6, 2010, effective July 7, 2010 [TEXT] The Department of Agriculture adopts, as a final rule, without change, an interim rule that relaxed the size requirement prescribed under the Colorado potato marketing order. The interim rule provided for the handling of all varieties of potatoes with a minimum diameter of 3/4 inch, if the potatoes otherwise meet U.S. No. 1 grade. ------

COMMERCE:

COMMERCE (DOC) PROPOSED REGULATIONS

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

Pacific halibut fisheries, limited access for guided sport charter vessels in Alaska: Proposed rule, published July 6, 2010, comments by Aug. 5, 2010 [TEXT] The National Marine Fisheries Service proposes to amend the limited access program for charter vessels in the guided sport fishery for Pacific halibut in the waters of International Pacific Halibut Commission Regulatory Area 2C (Southeast Alaska) and Area 3A (Central Gulf of Alaska). If approved, the proposed action would revise the method for assigning angler endorsements to charter halibut permits to more closely align each endorsement with the greatest number of charter vessel anglers reported for each vessel that a charter business used to qualify for a charter halibut permit. ------

POSTAL REGULATORY COMMISSION (PRC)

Service performance measurement: Final rule, published July 6, 2010, effective Aug. 5, 2010 [TEXT] The Postal Regulatory Commission adopts a final rule on service performance measurement and customer satisfaction, with changes. Adoption of the final rule helps give effect to provisions in a 2006 federal law which, among other things, sought to increase the U.S. Postal Service’s accountability.

PROPOSED REGULATIONS

Periodic reporting exceptions: Notice of proposed rulemaking, published July 6, 2010, comments by July 16, 2010 [TEXT] The Postal Regulatory Commission establishes a docket for consideration of matters related to the U.S. Postal Service’s proposed semi-permanent exceptions to certain rules on periodic reporting of service performance measurement. ------

ENVIRONMENT, ENERGY & RESOURCES:

ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS Approvals and promulgations of implementation plans, state of Iowa: Direct final rule, published July 6, 2010, effective Sept. 7, 2010, without further notice, unless the Environmental Protection Agency receives adverse comment by Aug. 5, 2010 [TEXT] The Environmental Protection Agency approves a revision to the Iowa State Implementation Plan to update the Polk County Board of Health Rules and Regulations, Chapter V, Air Pollution. These revisions reflect updates to the Iowa statewide rules previously approved by the EPA and ensure consistency between the applicable local agency rules and federally-approved rules. This rulemaking also is to ensure federal enforceability of the applicable parts of the local agency's “Air Pollution” rules.

Approvals and promulgations of implementation plans, state of Iowa: Proposed rule, published July 6, 2010, comments in writing by Aug. 5, 2010 [TEXT] The Environmental Protection Agency proposes to approve a revision to the Iowa State Implementation Plan to update the Polk County Board of Health Rules and Regulations, Chapter V, “Air Pollution.” These revisions reflect updates to the Iowa statewide rules previously approved by the EPA and ensure consistency between the applicable local agency rules and federally-approved rules. This rulemaking also is to ensure federal enforceability of the applicable parts of the local agency's “Air Pollution'” rules. ------

GOVERNMENT:

PRESIDENTIAL DOCUMENTS

ADMINISTRATIVE ORDERS

Gulf Coast Restoration Support Plan (Memorandum of June 30, 2010): [TEXT] President Obama has expanded upon what the Secretary of the Navy, Ray Mabus, is to consider while making the Long-Term Gulf Coast Restoration Plan, mentioned in the president’s June 15 speech. Noting that the “oil spill in the Gulf of Mexico is the worst environmental disaster America has ever faced,” Obama has directed Secretary Mabus to lead the creation of a long-term plan for “economic and environmental restoration” to bring back “the unique beauty and bounty” of the region. The president ordered that the plan include a comprehensive assessment of the region’s post-spill needs and a proposal for federal assistance for the overall recovery of the region. In addition to immediate post-recovery needs, the memorandum orders Mabus to develop a plan that will ensure economic recovery, community planning, “science-based restoration of the ecosystem” and environment, public health and safety efforts, and support of individuals and businesses who suffered losses due to the spill. The president did not set a date for the report to be completed. ------

HEALTH:

HEALTH AND HUMAN SERVICES (HHS)

CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)

Medicaid Program, premiums and cost sharing: Correction of final rule with comment period, published July 6, 2010, effective July 1, 2010 [TEXT] The Centers for Medicare & Medicaid Services correct technical errors in a final rule published in the May 28, 2010 Federal Register entitled “Medicaid Program; Premiums and Cost Sharing.” The May 28, 2010, final rule revised a Nov. 25, 2008, final rule entitled, “Medicaid Programs; Premiums and Cost Sharing” which addressed public comments received during reopened comment periods, and reflected relevant statutory changes made in the American Recovery and Reinvestment Act. The Nov. 2008 action revised final rule implemented and interpreted Section 1916A of the Social Security Act. ------

FOOD AND DRUG ADMINISTRATION (FDA)

Implantations or injectable dosages form new animal drugs, propofol: Final rule, published July 6, 2010, effective July 6, 2010 [TEXT] The Food and Drug Administration amends the animal drug regulations to reflect approval of a new animal drug application (NADA) filed by Fort Dodge Animal Health, Division of Wyeth. The NADA provides for veterinary prescription use of propofol as an anesthetic in dogs and cats. ------

MONEY:

TREASURY (USDT)

INTERNAL REVENUE SERVICE (IRS)

Excise taxes on prohibited tax shelter transactions and related disclosure requirements, prohibited tax shelter transactions, return and time for filing: Final regulations and removal of temporary regulations, published July 6, 2010, effective July 6, 2010, applicability dates complex [TEXT] The Internal Revenue Service provides guidance under Section 4965 of the Internal Revenue Code, relating to entity-level and manager-level excise taxes with respect to prohibited tax shelter transactions to which tax-exempt entities are parties; Sections 6033(a)(2) and 6011(g), relating to certain disclosure obligations with respect to such transactions; and Sections 6011 and 6071, relating to the requirement of a return and time for filing with respect to Section 4965 taxes. This action is to implement Section 516 of the Tax Increase Prevention Reconciliation Act. These final regulations affect a broad array of tax-exempt entities, including charities, state and local government entities, Indian tribal governments and employee benefit plans, as well as entity managers of these entities. ------

NATIONAL SECURITY:

HOMELAND SECURITY (DHS)

COAST GUARD (USCG)

Drawbridge operation regulations, Shrewsbury River, New Jersey: Final rule, published July 6, 2010, effective July 6, 2010 [TEXT] The U.S. Coast Guard removes the drawbridge operation regulations for the operation of the Route 36 Bridge at mile 1.8, across the Shrewsbury River at Highlands, N.J. because the bridge has been replaced with a fixed bridge.

Safety zone, Macy’s Fourth of July fireworks display, Hudson River, New York, New York: Temporary final rule, published July 6, 2010, effective 7 p.m. July 4 to 11 p.m. July 5, 2010 [TEXT] The U.S. Coast Guard establishes a temporary safety zone on the navigable waters of the Hudson River for the Macy’s Fourth of July fireworks display to restrict vessel traffic during the event.

Safety zone, Munising Fourth of July fireworks, South Bay, Lake Superior, Munising, Michigan: Temporary final rule, published July 6, 2010, effective 9 p.m. July 4 to 12:30 a.m. July 6, 2010 [TEXT] The U.S. Coast Guard establishes a temporary safety zone on South Bay, Lake Superior, Munising, Mich. to restrict vessels during the Munising 4th of July fireworks display.

Safety zone, Sault Sainte Marie Fourth of July fireworks, St. Mary’s River, Sault Sainte Marie, Michigan: Temporary final rule, published July 6, 2010, effective 9 p.m. July 4 to 11:30 p.m. July 5, 2010 [TEXT] The U.S. Coast Guard establishes a temporary safety zone on the St. Mary’s River, Sault Sainte Marie, Mich. to restrict vessels during the Sault Sainte Marie 4th of July fireworks display. Safety zones, St. Ignace Fourth of July fireworks, East Moran Bay, Lake Huron, St. Ignace, Michigan: Temporary final rule, published July 6, 2010, effective 9 p.m. July 4 to 11:30 p.m. July 5, 2010 [TEXT] The U.S. Coast Guard establishes a temporary safety zone on East Moran Bay, Lake Huron, St. Ignace, Mich. to restrict vessels during the St. Ignace 4th of July fireworks display.

Safety zone, Vietnam Veterans of America fireworks display, Brookings, Oregon: Temporary final rule, published July 6, 2010, effective 8 p.m. to 11 p.m. July 4, 2010 [TEXT] The U.S. Coast Guard establishes a temporary safety zone on the waters of Pelican Bay and the Pacific Ocean for the Vietnam Veterans of America fireworks display near Brookings, Ore. which prohibits all people and vessels from entering the safety zone unless authorized by the Captain of the Port or a designated representative.

Special local regulation, Fran Schnarr Open Water Championships, Huntington Bay, New York: Final rule, published July 6, 2010, effective July 6, 2010 [TEXT] Due to the annual Fran Schnarr Open Water Championships, the U.S. Coast Guard establishes a permanent Special Local Regulation to protect the swimmers or safety craft from the hazards imposed by marine traffic on the navigable waters of Huntington Bay, N.Y. Entry into this zone is prohibited unless authorized by the Captain of the Port Long Island Sound, New Haven, Conn. ------

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Suspension of community eligibility: Final rule, published July 6, 2010, effective dates complex [TEXT] The Federal Emergency Management Agency identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program, scheduled for suspension on the effective dates listed within the linked document due to noncompliance with the floodplain management requirements of the program. If the agency receives documentation that a community has adopted the required floodplain management measures prior to the effective suspension date given in the linked document, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.

COAST GUARD (USCG)

Safety zone, International Jet Sports Boating Association World Finals, lower Colorado River, Lake Havasu, Arizona: Notice of proposed rulemaking, published July 6, 2010, comments by Aug. 5, 2010 [TEXT] The U.S. Coast Guard proposes a temporary safety zone on the navigable waters of Lake Havasu on the lower Colorado River for the International Jet Sports Boating Association World Finals. Parties 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. ------

TRANSPORTATION

TRANSPORTATION (DOT)

Transportation for individuals with disabilities, passenger vessels: Final rule, request for comments, published July 6, 2010, effective Nov. 3, 2010, comments by Oct. 4, 2010 [TEXT] The Department of Transportation issues a new Americans with Disabilities Act rule to ensure nondiscrimination on the basis of disability by passenger vessel operators. This rulemaking concerns service and policy issues. Issues concerning physical accessibility standards will be addressed at a later time, along with proposed passenger vessel accessibility guidelines drafted by the U. S. Access Board. The agency also seeks further comment on emotional support animals, mobility aids, and the relationship between the rules of the Transportation Department and the Justice Department.

FEDERAL AVIATION ADMINISTRATION (FAA)

Proposed revisions of Class E airspace, Tanana, Alaska: Notice of proposed rulemaking, published July 6, 2010, comments by Aug. 20, 2010 [TEXT] The Federal Aviation Administration proposes to revise Class E airspace at Tanana, Alaska. The amendment of Standard Instrument Approach Procedures at Ralph M. Calhoun Memorial Airport is to enhance safety and management of Instrument Flight Rules operations. ------