Courthouse News Service s9

COURTHOUSE NEWS SERVICE

Federal Regulation Brief May 25, 2011

AGRICULTURE:

AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

Live goats and swine for export, removal of certain testing requirements: Final rule, published May 24, 2011, effective May 24, 2011 [TEXT] The Animal and Plant Health Inspection Service amends the livestock exportation regulations to eliminate the requirement for pre-export tuberculosis and brucellosis testing of goats and breeding swine intended for export to countries that do not require such tests. This action facilitates the exportation of goats and breeding swine by eliminating the need to conduct pre-export tuberculosis and brucellosis testing when the receiving country does not require such testing.

PROPOSED REGULATIONS

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

Importation of fresh pitaya fruit from Central America Into the continental United States: Proposed rule, published May 24, 2011, comments by July 25, 2011 [TEXT] The Animal and Plant Health Inspection Service proposes to amend the fruits and vegetables regulations to allow the importation of fresh pitaya fruit from Central America into the continental United States. As a condition of entry, pitaya fruit from Central America would be subject to a systems approach that would include requirements for monitoring and oversight, establishment of pest-free places of production, and procedures for packing the pitaya fruit. ------

COMMERCE:

COMMERCE (DOC)

INDUSTRY AND SECURITY BUREAU (BIS)

Removal and modifications for entries listed under Russia on the Entity List: Final rule, published May 24, 2011, effective May 24, 2011 [TEXT] The Bureau of Industry and Security amends the Export Administration Regulations by removing one and revising two Russian entries on the Entity List. This final rule removes the Federal Atomic Power of Russia (Rusatom, now known as the Russian State Corporation of Atomic Energy or Rosatom) entry and adds language clarifying that both the All-Russian Scientific Research Institute of Technical Physics and the All-Russian Scientific Research Institute of Experimental Physics, which are Rosatom components, remain on the Entity List. In addition, this rule adds additional aliases and revises some of the existing aliases for the two Russian entries retained on the Entity List. These changes are to better inform exporters, re-exporters and transferors of the scope of these Entity List-based license requirements. The Entity List provides notice to the public that certain exports, re-exports and transfers (in- country) to parties identified on the Entity List require a license from the agency and that availability of license exceptions in such transactions is limited. ------

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

Fisheries of the Caribbean, Gulf of Mexico and South Atlantic, commercial penaeid shrimp trawling off South Carolina: Temporary rule, reopening, published May 24, 2011, effective 12:01 a.m. local time June 7, 2011 until the effective date of a notification of closure [TEXT] To maximize harvest benefits while protecting the penaeid shrimp (brown, pink and white shrimp) resource, the National Marine Fisheries Service reopens commercial penaeid shrimp trawling in the exclusive economic zone off South Carolina in the South Atlantic. The agency previously closed commercial penaeid shrimp trawling in that area March 22, 2011.

Fisheries of the northeastern United States, northeast multispecies fishery, common pool fishery: Temporary rule, inseason adjustment of trip limit, published May 24, 2011, effective May 19, 2011 through April 30, 2012 [TEXT] The National Marine Fisheries Service increases the trip limit for George’s Bank cod for northeast multispecies common pool vessels for the 2011 fishing year, through April 30, 2012. This action is authorized under the authority of the Magnuson- Stevens Fishery Conservation and Management Act, and by the regulations implementing Amendment 16 and Framework Adjustment 44 to the northeast multispecies fishery management plan. The action is to facilitate the harvest of George’s Bank cod to allow the total catch of this stock to further approach the common pool sub-annual catch limit. ------

ENVIRONMENT, ENERGY & RESOURCES:

ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS Land disposal restrictions, site-specific treatment variance for hazardous selenium- bearing waste treated by U.S. Ecology Nevada in Beatty, Nevada and withdrawal of site-specific treatment variance for hazardous selenium-bearing waste treatment issued to Chemical Waste Management in Kettleman Hills, California: Withdrawal of Direct Final Rule, published May 24, 2011, effective May 24, 2011 [TEXT] Because the Environmental Protection Agency received adverse comment, it withdraws the direct final rule published April 6, 2011 that granted a site-specific treatment variance to U.S. Ecology Nevada in Beatty, Nev. and withdrew an existing site-specific treatment variance issued to Chemical Waste Management, Inc. in Kettleman Hills, Calif. The direct final rule regards the treatment of a hazardous waste generated by the Owens-Brockway Glass Container Company in Vernon, Calif. unable to meet the concentration-based treatment standard for selenium established under the Land Disposal Restrictions program. The EPA also issued a parallel proposal to be used as the basis for the final action in the event it received any adverse comments on the direct final rule.

National Priorities List, National Oil and Hazardous Substance Pollution Contingency Plan: Direct final rule, published May 24, 2011, effective July 25, 2011 unless adverse comments are received by June 23, 2011 [TEXT] The Environmental Protection Agency Region 8 publishes a direct final Notice of Partial Deletion of the remaining parts of Operable Unit 9 (OU9), the Residential Populated Areas, of the California Gulch Superfund Site, in Lake County, Colo., from the National Priorities List (NPL). The NPL, issued under Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan. This direct final partial deletion is published by the EPA with the concurrence of Colorado, through the Colorado Department of Public Health and Environment because the EPA has determined that all appropriate response actions at these identified parcels under the CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this partial deletion does not preclude future actions under Superfund. This partial deletion regards the remaining parts of OU9, the Residential Populated Areas. Subunits A and B, residential waste rock piles, and the parks and playgrounds within Operable Unit 9 were partially deleted from the NPL Jan. 30, 2002. In addition, OU2, OU8, and OU10 have been partially deleted from the NPL. The Yak Tunnel (OU1), D&RGW Slag Piles and Easement (OU3), Upper California Gulch (OU4), ASARCO Smelter/Colorado Zinc-Lead Mill Site (OU5), Stray Horse Gulch (OU6), Apache Tailing (OU7), Arkansas River Floodplain (OU11), and Site-wide Surface and Groundwater Quality (OU12) remain on the NPL and are not being considered for deletion as part of this action.

Revisions to the California State Implementation Plan, Placer County Air Pollution Control District and Ventura County Air Pollution Control District: Direct final rule, published May 24, 2011, effective July 25, 2011, unless adverse comments are received by June 23, 2011 [TEXT] The Environmental Protection Agency approves revisions to the Placer County Air Pollution Control District and Ventura County Air Pollution Control District part of the California State Implementation Plan. These revisions concern volatile organic compound emissions from surface coating of metal parts and products.

National Oil and Hazardous Substances Pollution Contingency Plan, National Priorities List, partial deletion of the California Gulch Superfund Site: Proposed rule, published May 24, 2011, comments by June 23, 2011 [TEXT] The Environmental Protection Agency Region 8 issues a Notice of Intent to Partially Delete the remaining parts of Operable Unit 9 (OU9), the Residential Populated Areas, of the California Gulch Superfund Site, in Lake County, Colo., from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, issued under Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan. The EPA and Colorado, through the Colorado Department of Public Health and Environment, have determined that all appropriate response actions at these identified parcels under the CERCLA, other than operation, maintenance, and five-year reviews (include if applicable), have been completed. However, this deletion does not preclude future actions under Superfund. This partial deletion regards the remaining parts of OU9, the Residential Populated Areas. Subunits A and B, residential waste rock piles, and the parks and playgrounds within Operable Unit 9 were partially deleted from the NPL Jan. 30, 2002. In addition, OU2, OU8, and OU10 have been partially deleted from the NPL. The Yak Tunnel (OU1), D&RGW Slag Piles and Easement (OU3), Upper California Gulch (OU4), ASARCO Smelter/Colorado Zinc-Lead Mill Site (OU5), Stray Horse Gulch (OU6), Apache Tailing (OU7), Arkansas River Floodplain (OU11), and Site-wide Surface and Groundwater Quality (OU12) remain on the NPL and are not being considered for deletion as part of this action.

Revisions to the California State Implementation Plan, Placer County Air Pollution Control District and Ventura County Air Pollution Control District: Proposed rule, published May 24, 2011, comments by June 23, 2011 [TEXT] The Environmental Protection Agency proposes to approve revisions to the Placer County Air Pollution Control District and Ventura County Air Pollution Control District part of the California State Implementation Plan. These revisions concern volatile organic compound emissions from surface coatings of metal parts and products. The EPA proposes to approve local rules to regulate these emission sources under the Clean Air Act. ------

DEPARTMENT OF THE INTERIOR (DOI)

SURFACE MINING RECLAMATION AND ENFORCEMENT OFFICE (OSM)

Alabama regulatory program: Final rule, approval of amendment, published May 24, 2011, effective May 24, 2011 [TEXT] The Office of Surface Mining Reclamation and Enforcement approves an amendment to the Alabama regulatory program under the Surface Mining Control and Reclamation Act. Alabama revised its regulations on license fees, annual license updates, and blaster certification fees.

Montana regulatory program: Final rule, approval of amendment, published May 24, 2011, effective May 24, 2011 [TEXT] The Office of Surface Mining Reclamation and Enforcement approves an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act. Montana proposed revisions to and additions of statutes about bond release responsibility periods for water management facilities and other support facilities comprising less than 10 percent of the total bond release area.

FISH AND WILDLIFE SERVICE (USFWS)

Endangered and threatened wildlife and plants, 90-day finding on a petition to list the spot-tailed earless lizard: Notice of petition finding and initiation of status review, published May 24, 2011, information on or before July 25, 2011 [TEXT] After a 90-day review, the U.S. Fish and Wildlife Service announces that the petition to list the spot-tailed earless lizard (Holbrookia lacerata) as endangered or threatened under the Endangered Species Act provides substantial scientific or commercial information indicating that listing this species may be warranted. The agency now begins a status review, and requests scientific and commercial data on the species. If listing is warranted, the agency will make a determination on critical habitat. ------

GOVERNMENT:

STATE DEPARTMENT (DOS)

Amendments to the International Traffic in Arms Regulations, Libya: Final rule, published May 24, 2011, effective May 24, 2011 [TEXT] The Department of State amends the International Traffic in Arms Regulations to update the policy regarding Libya to reflect the United Nations Security Council arms embargoes adopted in February and March. ------HEALTH:

HEALTH AND HUMAN SERVICES (HHS)

FOOD AND DRUG ADMINISTRATION (FDA)

Food labeling, nutrition labeling of standard menu items in restaurants and similar retail food establishments: Proposed rule, extension of comment period, published May 24, 2011, electronic or written comments by July 5, 2011 [TEXT] The Food and Drug Administration extends the comment period until July 5, 2011, for a proposed rule published in the April 6, 2011 Federal Register. In that action, the agency proposed requirements for providing nutrition information for standard menu items in certain chain restaurants and similar retail food establishments. The agency extends the comment period in response to several requests to give interested parties additional time to comment.

Food labeling, nutrition labeling of standard menu items in restaurants and similar retail food establishments: Proposed rule, correction, published May 24, 2011 [TEXT] The Food and Drug Administration corrects a proposed rule published in the April, 6, 2011 Federal Register with several errors in cross references, an incomplete address, and a typographical error in the codified section. To implement the menu labeling provisions of the Patient Protection and Affordable Care Act, the agency proposed requirements for providing certain nutrition information for standard menu items in certain chain restaurants and similar retail food establishments. ------

MONEY:

SECURITIES AND EXCHANGE COMMISSION (SEC)

Privacy Act, implementation and amendment of exemptions: Proposed rule, published May 24, 2011, comments by June 23, 2011 [TEXT] Under the Privacy Act, the Securities and Exchange Commission proposes to exempt parts of three new systems of records from provisions of the Privacy Act to the extent that the records contain investigatory materials compiled for law enforcement purposes. Additionally, the agency proposes to make technical amendments to its Privacy Act regulation exempting specific systems of records from certain provisions of the Privacy Act. In a companion release the agency gives concurrent notice of three new systems of records under the Privacy Act. ------TREASURY (USDT)

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB)

Establishment of the Antelope Valley of the California High Desert viticultural area: Final rule, Treasury decision, published May 24, 2011, effective June 23, 2011 [TEXT] The Alcohol and Tobacco Tax and Trade Bureau establishes the 665-square mile “Antelope Valley of the California High Desert” American viticultural area in the California counties of Los Angeles and Kern.

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB)

Proposed establishment of the Coombsville viticultural area: Notice of proposed rulemaking, published May 24, 2011, comments by July 25, 2011 [TEXT] . The Alcohol and Tobacco Tax and Trade Bureau proposes to establish the 11,075- acre “Coombsville” viticultural area in Napa County, Calif. The proposed viticultural area lies within the Napa Valley viticultural area and the multicounty North Coast viticultural area. The agency requests comments on this proposed addition to its regulations.

Proposed establishment of the Naches Heights viticultural area: Notice of proposed rulemaking, published May 24, 2011, written comments by July 25, 2011 [TEXT] The Alcohol and Tobacco Tax and Trade Bureau proposes to establish the 13,254- acre “Naches Heights” American viticultural area in Yakima County, Wash. The agency requests comments on this proposed addition to its regulations.

INTERNAL REVENUE SERVICE (IRS)

Controlled groups, deferral of losses: Correction to notice of proposed rulemaking, published May 24, 2011 [TEXT] The Internal Revenue Service corrects a notice of proposed rulemaking published in the April 21, 2011 Federal Register. The proposed regulations provide guidance on the time for taking into account deferred losses on the sale or exchange of property between members of a controlled group. ------

NATIONAL SECURITY:

DEFENSE (DoD) NEWLY PUBLISHED REGULATIONS

ENGINEERS CORPS (USACE)

Danger zone for Marine Corps operations, Pamlico Sound and nearby waters, North Carolina: Final rule, published May 24, 2011, effective June 23, 2011 [TEXT] The U.S. Army Corps of Engineers establishes a new danger zone to enable the U.S. Marine Corps to control access and movement of people, vessels and objects within the danger zone during live fire training exercises.

Restricted area, Menominee River, Marinette Marine Corporation Shipyard, Marinette, Wisconsin: Final rule, published May 24, 2011, effective June 23, 2011 [TEXT] The U.S. Army Corps of Engineers establishes a restricted area in the waters of the Menominee River at the Marinette Marine Corporation Shipyard in Marinette, Wis., to provide adequate protection of U.S. Navy combat vessels, crew, materials and the equipment to be installed. ------

HOMELAND SECURITY (DHS)

COAST GUARD (USCG)

Drawbridge operation regulations, New Jersey Intracoastal Waterway, Inside Thorofare, Atlantic City, New Jersey: Notice of temporary deviation from regulations, published May 24, 2011, effective 7 a.m. June 24 to 2 a.m. June 27, 2011 [TEXT] The U.S. Coast Guard issues a temporary change in the regulations for the operation of the US40-322 (Albany Avenue) Bridge, at the New Jersey Intracoastal Waterway mile 70.0, across Inside Thorofare in Atlantic City, N.J. The deviation restricts the operation of the draw span to facilitate the free movement of vehicles over the bridge during the Dave Matthews Band three-day series of concerts and fireworks display.

Safety zone, Fleet Week Maritime Festival, Pier 66, Elliott Bay, Seattle, Washington: Final rule, published May 24, 2011, effective June 23, 2011, enforced thirty minutes prior to, during and thirty minutes after the annual parade of ships and aerial demonstration [TEXT] The U.S. Coast Guard establishes a permanent safety zone extending 100 yards from Pier 66, Elliott Bay, Wash., during the annual parade of ships and aerial demonstration for Fleet Week. This safety zone enforces vessel movement restrictions in the immediate area of Pier 66, Elliott Bay, Wash., immediately prior to, during and immediately following this annual event. Entry into, travel through, mooring or anchoring within this zone is prohibited unless authorized by the Captain of the Port, Puget Sound or a designated representative. Safety zone, Marysville Days fireworks, St. Clair River, Marysville, Michigan: Temporary final rule, published May 24, 2011, effective and enforced 10:15 p.m. to 10:45 p.m. June 24, 2011 [TEXT] The U.S. Coast Guard establishes a temporary safety zone on St. Clair River, Marysville, Mich., to restrict vessels from part of the river during the Marysville Days fireworks.

Safety zone, Wicomico community fireworks, Great Wicomico River, Mila, Virginia: Temporary final rule, published May 24, 2011, effective 9 p.m. July 2 to 10 p.m. July 3, 2011 [TEXT] The U.S. Coast Guard establishes a temporary safety zone to restrict vessel traffic on the Great Wicomico River near Mila, Va., for the Wicomico community fireworks event.

COAST GUARD (USCG)

Safety zones, annual events requiring safety zones in the Captain of the Port Lake Michigan zone: Notice of proposed rulemaking, published May 24, 2011, comments by June 23, 2011 [TEXT] The U.S. Coast Guard proposes to amend safety zones for annual events in the Captain of the Port Lake Michigan zone. This proposed rule will amend, establish or delete rules that restrict vessels from water areas during various maritime events.

Special local regulations for marine events, Lake Gaston, Enterprise, North Carolina: Notice of proposed rulemaking, published May 24, 2011, comments by June 23, 2011 [TEXT] The U.S. Coast Guard proposes establishment of special local regulations for “The Crossing” swim event on the waters of Lake Gaston, near the Eaton Ferry Bridge in Enterprise, N.C. This action is to restrict vessel traffic on Lake Gaston under the Eaton Ferry Bridge and within 100 yards east of the bridge during the swim event. ------

TRANSPORTATION

TRANSPORTATION (DOT)

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Bombardier, Inc. Model CL–600–2B19 (Regional Jet Series 100 & 440) airplanes: Final rule, correction, published May 24, 2011, effective May 24, 2011, effective date for AD 2011-07-06 remains May 6, 2011 [TEXT] PURPOSE: The Federal Aviation Administration corrects an airworthiness directive (AD) regarding Bombardier, Inc. Model CL–600–2B19 (Regional Jet Series 100 & 440) airplanes that published in the Federal Register with an error in the service information reference in paragraph (g)(7) in the Actions section.

SUMMARY: The Federal Aviation Administration corrects an AD for Bombardier, Inc. Model CL–600–2B19 (Regional Jet Series 100 & 440) airplanes. In all other respects, the original AD remains the same.

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives legal interpretation: Extension of comment period for a proposed airworthiness directives legal interpretation, published May 24, 2011, comments by June 30, 2011 [TEXT] The Federal Aviation Administration published a proposed airworthiness directives legal interpretation for comment. In response to several requests, the FAA extends the comment period to allow additional time for comment. Comments from the public are requested to assist the agency in developing the final legal interpretation.

Airworthiness directives, Boeing Co. Model 757 airplanes: Notice of proposed rulemaking, published May 24, 2011, comments by July 8, 2011 [TEXT] PURPOSE: This proposed airworthiness directive (AD) is prompted by numerous reports of unintended lateral oscillations during the final approach, just before landing, in Boeing Co. Model 757 airplanes. This proposed AD would require actions intended to reduce the chance of unintended lateral oscillations near touchdown, which could result in loss of lateral control of the airplane, and consequent airplane damage or injury to flight crew and passengers.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for Boeing Co. Model 757 airplanes. For certain airplanes, this proposed AD would require the installation of new relays next to two of the spoiler control modules that would prevent the deployment of certain spoiler pairs when landing flaps are selected. For certain other airplanes, this proposed AD would require torquing the bracket assembly installation nuts and ground stud nuts, and doing bond resistance tests between the bracket assemblies and the terminal lugs on the ground studs.

Amendment of Class D and Class E airspace, Columbus Lawson AAF, Georgia: Notice of proposed rulemaking, published May 24, 2011, comments by July 8, 2011 [TEXT] The Federal Aviation Administration proposes to modify Class D and Class E airspace at Lawson Army Airfield (AAF), Columbus, Ga., by removing the reference to the Columbus Metropolitan Airport Class C airspace area from the description because controlled airspace at the airport is being downgraded due to decreased air traffic volume. This action also would update the geographic coordinates of the Columbus Lawson AAF.

Amendment of Class E airspace, Lakeland, Florida: Notice of proposed rulemaking, published May 24, 2011, comments by July 8, 2011 [TEXT] The Federal Aviation Administration proposes to amend Class E airspace at Lakeland, Fla., because the Plant City Non-Directional Beacon at the Lakeland Linder Regional Airport is being decommissioned and new Standard Instrument Approach Procedures have been developed for the airport. ------