Courthouse News Service s11

COURTHOUSE NEWS SERVICE

Federal Regulation Brief Oct. 1, 2012

AGRICULTURE:

AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

Citrus greening and Asian citrus psyllid, quarantine and interstate movement regulations: Final rule, published Oct. 1, 2012, effective Oct. 31, 2012 Text The Animal and Plant Health Inspection Service adopts as a final rule, with several changes, an interim rule that quarantined Florida and Georgia, Puerto Rico, the U.S. Virgin Islands, two parishes in Louisiana, and two counties in South Carolina due to the presence of citrus greening and quarantined Alabama, Florida, Georgia, Guam, Hawaii, Louisiana, Mississippi, Puerto Rico, Texas, the U.S. Virgin Islands, three counties in South Carolina, parts of one county in Arizona, and all of three and parts of an additional three counties in California due to the presence of Asian citrus psyllid (ACP), a vector of the bacterial pathogen that causes citrus greening. The rule also established restrictions on the interstate movement of regulated articles from the quarantined areas. In this final rule, the APHIS makes several nonsubstantive editorial amendments to the interim rule to improve its clarity and facilitate regulatory compliance. This final rule also provides notice that the APHIS has quarantined American Samoa and the Northern Mariana Islands for ACP, have extended the boundaries of the quarantined area for ACP in California to incorporate all of one and parts of another additional county, and have quarantined parts of one county in Texas and an area comprising parts of two counties in California for citrus greening. ------

COMMERCE:

COMMERCE (DOC)

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

Atlantic highly migratory species, 2006 consolidated highly migratory species fishery management plan, Amendment 4: Final rule, published Oct. 1, 2012, effective Jan. 2, 2013 Text The National Marine Fisheries Service addresses substantial differences between some segments of the U.S. Caribbean highly migratory species (HMS) fisheries and the HMS fisheries that occur off the mainland of the United States, including limited fishing permit and dealer permit possession, smaller vessels, limited availability of processing and cold storage facilities, shorter trips, limited profit margins, and high local consumption of catches. The NMFS amends the HMS fishery management regulations in the U.S. Caribbean territories of Puerto Rico and the U.S. Virgin Islands to better manage the traditional small-scale commercial HMS fishing fleet in the U.S. Caribbean Region, enhance fishing opportunities and improve profits for the fleet, and to provide an improved capability to monitor and sustainably manage those fisheries. This final rule creates an HMS Commercial Caribbean Small Boat (CCSB) permit, which allows fishing for and sale of bigeye, albacore, yellowfin and skipjack tunas, Atlantic swordfish, and Atlantic sharks within local U.S. Caribbean markets. The CCSB permit cannot be held in combination with any other HMS permit.

Fisheries of the exclusive economic zone off Alaska, Bering Sea and Aleutian Islands management area, Amendment 97: Final rule, published Oct. 1, 2012, effective Oct. 31, 2012 Text The National Marine Fisheries Service implements Amendment 97 to the fishery management plan for groundfish of the Bering Sea and Aleutian Islands management area. Amendment 97 allows the owner of a trawl catcher/processor vessel authorized to participate in the Amendment 80 catch share program to replace that vessel with a vessel that meets certain requirements. This action establishes the regulatory process for replacement of vessels in the Amendment 80 fleet and the requirements for Amendment 80 replacement vessels. This action promotes safety-at-sea by allowing Amendment 80 vessel owners to replace their vessels for any reason at any time and by requiring replacement vessels to meet certain U.S. Coast Guard vessel safety standards, and improves the retention and utilization of groundfish catch by these vessels by facilitating an increase in the processing capabilities of the fleet.

PROPOSED REGULATIONS

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

Magnuson-Stevens Fishery Conservation and Management Act provisions, fisheries of the northeastern United States, northeast multispecies fishery, Atlantic sea scallop fishery, proposed emergency action: Proposed rule, published Oct. 1, 2012, comments by Oct. 31, 2012 Text The National Marine Fisheries Service proposes to partially exempt the scallop fishery from fishing year 2012-related Georges Bank yellowtail flounder accountability measures, to respond to a request for emergency rulemaking from the New England Fishery Management Council. This proposed action is to provide an explanation of how the partial exemption would function, outline how the proposed action satisfies Magnuson-Stevens Fishery Conservation and Management Act emergency rulemaking criteria, and to request public input on the proposed exemption. ------FEDERAL COMMUNICATIONS COMMISSION (FCC)

Radio broadcasting services, Tignall, Georgia: Proposed rule, published Oct. 1, 2012, comments by Oct. 22, 2012, reply comments by Nov. 6, 2012 Text The Federal Communications Commission proposes to amend the FM Table of Allotments by substituting channel 287A for vacant channel 244A, at Tignall, Ga. ------

ENVIRONMENT, ENERGY & RESOURCES:

ENERGY (DOE)

Energy Conservation Program, energy conservation standards for dishwashers: Notice of effective date and compliance dates for direct final rule, published Oct. 1, 2012, the Sept. 27, 2012 effective date for the May 30, 2012 direct final rule is confirmed, compliance with the standards in the direct final rule will be required May 30, 2013 PDF | Text The U.S. Department of Energy confirms adoption of the energy conservation standards for dishwashers established in the May 30, 2012 direct final rule and confirms the Sept. 27, 2012 effective date of those standards.

Energy Conservation Program, energy conservation standards for residential clothes washers: Notice of effective date and compliance dates for direct final rule, published Oct. 1, 2012, the Sept. 28, 2012 effective date for the May 31, 2012 direct final rule is confirmed, compliance with the standards in the direct final rule will be required March 7, 2015 and Jan. 1, 2018 PDF | Text The Department of Energy confirms adoption of the energy conservation standards for residential clothes washers established in the May 31, 2012 direct final rule, and confirms the Sept. 28, 2012 effective date of those standards. ------

FEDERAL ENERGY REGULATORY COMMISSION (FERC)

Revision to Form No. 6: Final rule, published Oct. 1, 2012, effective Dec. 31, 2012 PDF | Text The Federal Energy Regulatory Commission amends the instructions on page 700 of FERC Form No. 6 (Form 6) to ensure that oil pipelines report interstate-only barrel and barrel-mile data on lines (11) and (12) of page 700 and not a combination of interstate and intrastate throughput. The FERC also directs pipelines that reported combined interstate and intrastate data in any field on lines (1) through (12) of page 700 of their 2010 Form 6 or page 700 of their 2011 Form 6 to file within 90 days of the final rule's publication in the Federal Register revised page 700 data containing only interstate data for the years 2009, 2010 and 2011.

Delegation of authority regarding electric reliability organization's budget, delegation agreement, and policy and procedure filings: Final rule, published Oct. 1, 2012, effective Oct. 1, 2012 Text The Federal Energy Regulatory Commission revises its delegations of authority to align with an internal FERC reorganization, which reassigned certain responsibilities for specific Electric Reliability Organization (ERO) filings. In particular, this action transfers delegated authority, from the Director of the Commission's Office of Electric Reliability to the Director of the Commission's Office of Energy Market Regulation, to act on ERO filings regarding ERO annual budgets, ERO delegation agreements, and ERO policies and procedures. ------

ENVIRONMENTAL PROTECTION (EPA)

Approval and promulgation of air quality implementation plans, Ohio, PBR and PTIO: Direct final rule, published Oct. 1, 2012, effective Nov. 30, 2012 unless adverse comments are received by Oct. 31, 2012 Text The Environmental Protection Agency approves six Permit-by-Rule (PBR) provisions, a Permit to Install and Operate (PTIO) program, two permanent exemptions from the Permit to Install (PTI) requirement and a general permit program as additions to Ohio's State Implementation Plan under the Clean Air Act. Approving these additions will make the PBRs, PTIOs, and general permits federally enforceable.

Approval and promulgation of implementation plans, Alabama 110(a)(1) and (2) infrastructure requirements for the 1997 and 2006 fine particulate matter national ambient air quality standards: Final rule, published Oct. 1, 2012, effective Oct. 31, 2012 Text The Environmental Protection Agency takes final action to approve the State Implementation Plan (SIP) submission submitted by Alabama as demonstrating that the state meets certain SIP requirements of Sections 110(a)(1) and (2) of the Clean Air Act for the 1997 annual and 2006 24-hour fine particulate matter national ambient air quality standards.

Incorporation by reference of Approved State Hazardous Waste Management Program, Idaho: Direct final rule, published Oct. 1, 2012, effective Nov. 30, 2012, unless adverse comments are received by the close of business Oct. 31, 2012 Text The Environmental Protection Agency revises the codification of the authorized Idaho hazardous waste management program and incorporates by reference authorized provisions of the state's rules and regulations. PROPOSED REGULATIONS

Approval and promulgation of air quality implementation plans, Ohio, PBR and PTIO: Proposed rule, published Oct. 1, 2012, comments by Oct. 31, 2012 Text The Environmental Protection Agency proposes to approve six Permit-by-Rule provisions, a Permit to Install and Operate program, two permanent exemptions from the Permit to Install requirement and a general permit program as additions to Ohio's State Implementation Plan under the Clean Air Act. Approving these additions will make the Permits by Rule, Permits to Install and Operate and general permits federally enforceable.

Incorporation by reference of Approved State Hazardous Waste Management Programs, Idaho: Proposed rule, published Oct. 1, 2012, written comments by Oct. 31, 2012 Text The Environmental Protection Agency proposes to codify in the regulations entitled “Approved State Hazardous Waste Management Programs,” Idaho's authorized hazardous waste program. The EPA proposes to revise the codification of Idaho's program to incorporate by reference into the Code of Federal Regulations those provisions of the state rules and regulations authorized as of June 11, 2012, and that the EPA will enforce under Subchapter C of the Resource Conversation and Recovery Act. ------

MONEY:

TREASURY (USDT)

FINANCIAL CRIMES ENFORCEMENT NETWORK (FinCEN)

Repeal of the final rule imposing special measures and withdrawal of the findings of primary money laundering concern against Myanmar Mayflower Bank and Asia Wealth Bank: Final rule, published Oct. 1, 2012, effective Oct. 1, 2012 Text The Financial Crimes Enforcement Network repeals its April 12, 2004 final rule, “Imposition of Special Measures Against Myanmar Mayflower Bank and Asia Wealth Bank”, and withdraws the Nov. 25, 2003 findings of Myanmar Mayflower Bank and Asia Wealth Bank as Financial Institutions of Primary Money Laundering Concern.

INTERNAL REVENUE SERVICE (IRS) Additional requirements for charitable hospitals: Notice of public hearing on notice of proposed rulemaking, published Oct. 1, 2012, public hearing 10:00 a.m. Oct. 29, 2012, outlines of the topics to be discussed by Oct. 12, 2012 Text The Internal Revenue Service provides notice of public hearing on proposed regulations that provide guidance regarding the requirements for charitable hospital organizations on financial assistance and emergency medical care policies, charges for certain care provided to individuals eligible for financial assistance, and billing and collections. ------

NATIONAL SECURITY:

HOMELAND SECURITY (DHS)

COAST GUARD (USCG)

Shipping and transportation, technical, organizational and conforming amendments: Final rule, published Oct. 1, 2012, effective Oct. 1, 2012 Text The U.S. Coast Guard makes non-substantive changes throughout Titles 46 and 49 of the Code of Federal Regulations, to make conforming amendments and technical corrections to USCG shipping and transportation regulations. These changes coincide with the Oct. 1, 2012 annual recodification of Titles 46 and 49.

Safety zone, submarine cable installation project, Chicago River, Chicago, Illinois: Temporary final rule, published Oct. 1, 2012, enforced 4 a.m. to 5 p.m. Sept. 28, Oct. 5, and Oct. 8, 2012 Text The U.S. Coast Guard establishes a temporary safety zone on the Chicago River near Chicago, Ill., due to the installation of submarine cables near both the West Adams Street and West Jackson Boulevard bridges.

Special local regulations for marine events, San Francisco Bay Navy Fleet Week Parade of Ships and Blue Angels demonstration, San Francisco Bay, California: Notice of enforcement of regulation, published Oct. 1, 2012, regulated area “Alpha” for Navy Parade of Ships, enforced 10:30 a.m. to 12:15 p.m. Oct. 6, 2012, regulated area “Bravo” for the U.S. Navy Blue Angels activities and America’s Cup World Series regattas enforced noon to 6:30 p.m. Oct. 4, 11:45 a.m. to 6 p.m. Oct. 5, 11:45 a.m. to 6:30 p.m. Oct. 6, and 11:15 a.m. to 4 p.m. Oct. 7, 2012. Text The U.S. Coast Guard enforces the special local regulations in the navigable waters of San Francisco Bay for the annual U.S. Navy and San Francisco sponsored Fleet Week Parade of Navy Ships, Blue Angels Flight demonstrations, ship tours and America’s Cup World Series regattas. ------FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Suspension of community eligibility, page 59762: Final rule, published Oct. 1, 2012, 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 that are scheduled for suspension due to noncompliance with the floodplain management requirements of the program. If the FEMA receives documentation that a community has adopted the required floodplain management measures prior to the effective suspension date, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.

Suspension of community eligibility, page 59764: Final rule, published Oct. 1, 2012, 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 that are scheduled for suspension due to noncompliance with the floodplain management requirements of the program. If the FEMA receives documentation that a community has adopted the required floodplain management measures prior to the effective suspension date, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.

Changes in flood elevation determinations: Final rule, published Oct. 1, 2012, effective dates complex Text The Federal Emergency Management Agency finalizes Modified Base (1% annual- chance) Flood Elevations (BFEs) for certain communities. These modified BFEs are used to calculate flood insurance premium rates for new buildings and their contents.

COAST GUARD (USCG)

Special load line exemption for the Gulf of Mexico: Notice of availability and request for comments, published Oct. 1, 2012, comments by Dec. 31, 2012 Text The U.S. Coast Guard announces the availability of a petition for rulemaking, and requests public comments. The petition requests that the USCG establish a special load line exemption on the Gulf of Mexico to allow non-load line river barges to travel along the west coast of Florida while going to or from Tampa Bay.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Proposed flood elevation determinations for Coos County, Oregon, and incorporated areas: Proposed rule withdrawal, published Oct. 1, 2012, effective Oct. 1, 2012 Text The Federal Emergency Management Agency withdraws its proposed rule concerning proposed flood elevation determinations for Coos County, Ore., and incorporated areas.

Proposed flood elevation determinations for McCleary, Washington: Proposed rule withdrawal, published Oct. 1, 2012, effective Oct. 1, 2012 Text The Federal Emergency Management Agency withdraws its proposed rule concerning proposed flood elevation determinations in McCleary, Wash. ------

TRANSPORTATION:

TRANSPORTATION (DOT)

Prioritization and allocation authority exercised by the Secretary of Transportation under the Defense Production Act: Final rule, request for comments, published Oct. 1, 2012, effective Nov. 30, 2012, comments by Oct. 31, 2012 PDF | Text The Office of the Secretary of Transportation clarifies the priorities and allocation authorities exercised by the Secretary of Transportation under Title I of the Defense Production Act, and establishes the administrative procedures by which the Secretary will exercise this authority. In addition, in this action the Department of Transportation requests comments on certain revised definitions found in Section 33.20. ------

FEDERAL AVIATION ADMINISTRATION (FAA)

Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, miscellaneous amendments, page 59735: Final rule, published Oct. 1, 2012, effective Oct. 1, 2012, compliance dates complex Text

Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, miscellaneous amendments, page 59738: Final rule, published Oct. 1, 2012, effective Oct. 1, 2012, compliance dates complex Text The Federal Aviation Administration publishes Standard Instrument Approach Procedures and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports due to changes occurring in the National Airspace System.

Airworthiness directives, Fokker Services B.V. airplanes: Final rule, published Oct. 1, 2012, effective Nov. 5, 2012 Text The Federal Aviation Administration supersedes two existing airworthiness directives for certain Fokker Services B.V. Model F.28 Mark 0100 airplanes after reports that the fuel-balance transfer-valve (FBTV) was inadvertently reactivated after required de-activation measures were undone. The first existing AD currently requires removing the actuator from the FBTV and installing a locking device on the FBTV. The second existing AD currently requires inspecting to verify that the position indicator of the FBTV is in the closed position and deactivating the fuel-balance transfer-system. This new AD requires installing an FBTV locking device. This AD requires actions intended to prevent fuel starvation and a consequent double-engine flameout, possibly resulting in a forced landing, damage to the airplane, and injury to occupants.

Airworthiness directives, The Boeing Company airplanes: Final rule, published Oct. 1, 2012, effective Nov. 5, 2012 Text The Federal Aviation Administration supersedes an existing airworthiness directive for certain Boeing Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F airplanes after fuel system reviews conducted by the manufacturer, and the FAA’s determination that additional actions are necessary to address the identified unsafe condition. That existing AD currently requires installing or replacing with improved parts, as applicable, the bonding straps between the metallic frame of the fillet and the wing leading edge ribs, on both the left and right sides of the airplane; and for certain airplanes, repositioning or replacing two bonding straps, doing a bonding- resistance check and an inspection to determine correct installation of certain bonding straps, and applicable corrective actions. This new AD adds airplanes to the applicability and, depending on the airplane configuration, requires installing new braided bonding straps, inspecting to determine if a certain strap is installed and replacing with or installing a braided bonding strap if necessary, measuring the electrical resistance of the bonding straps, verifying that brackets have an acceptable fillet seal, and doing corrective actions if necessary. This AD requires actions intended to reduce the potential of ignition sources inside fuel tanks in the event of a severe lightning strike, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

Airworthiness directives, Airbus airplanes: Final rule, request for comments, published Oct. 1, 2012, effective Oct.16, 2012, comments by Nov.15, 2012 Text The Federal Aviation Administration adopts a new airworthiness directive for certain Airbus Model A340-500 and -600 series airplanes after findings of corrosion traces in the lugs and on the bearing outer surface of the nose landing gear (NLG) during routine maintenance checks. This AD requires repetitive inspections for corrosion of the drag stay lower arm assembly of the NLG, and replacement if necessary. This AD also requires eventual replacement of the drag stay lower arm assembly of the NLG with an improved assembly having corrosion protection, which terminates the repetitive inspections required by this AD. This AD requires actions intended to prevent failure of the drag stay lower arm, which could result in NLG collapse and consequent reduced controllability of the airplane during takeoff. ------FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA)

Technical, Organizational, and Conforming Amendments to the Federal Motor Carrier Safety Regulations: Final rule, published Oct. 1, 2012, effective Oct. 1, 2012 Text The Federal Motor Carrier Safety Administration makes minor editorial changes to Title 49 CFR subtitle B, Chapter III to add revised delegations of authority from the Secretary of Transportation, correct errors and omissions, and improve clarity.

Statutory amendments affecting transportation of agricultural commodities and farm supplies: Notification of statutory exemptions, published Oct. 1, 2012, legislative provisions are effective Oct. 1, 2012 Text The Federal Motor Carrier Safety Administration alerts motor carriers and enforcement officials of two statutory exemptions included in the MAP-21 transportation reauthorization legislation that are applicable to certain motor carriers engaged in the transportation of agricultural commodities and farm supplies. Section 32101 of MAP-21 provides a statutory exemption from the hours-of-service regulations for certain carriers transporting agricultural commodities and farm supplies and Section 32934 provides a statutory exemption from most of the Federal Motor Carrier Safety Regulations for the operation of covered farm vehicles by farm and ranch operators, their employees, and certain other specified individuals under certain specific circumstances. The statutory provisions are self-executing and take effect Oct. 1, 2012. ------

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)

List of nonconforming vehicles decided to be eligible for importation: Final rule, published Oct. 1, 2012, effective Oct. 1, 2012 Text The National Highway Traffic Safety Administration revises the list of vehicles not originally manufactured to conform to the Federal Motor Vehicle Safety Standards (FMVSS) that the NHTSA has decided to be eligible for importation. The list has been revised to add all vehicles that the NHTSA has decided to be eligible for importation since Oct. 1, 2010, and to remove all previously listed vehicles now more than 25 years old and need no longer comply with all applicable FMVSS to be lawfully imported.

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Cessna Aircraft Company airplanes, Initial Regulatory Flexibility Analysis: Availability of an Initial Regulatory Flexibility Analysis, published Oct. 1, 2012, comments by Nov. 15, 2012 Text The Federal Aviation Administration announces the availability of and request for comments on the Initial Regulatory Flexibility Analysis for the previously published proposed airworthiness directive on Cessna Aircraft Company 310, 320, 340, 401, 402, 411, 414, and 421 airplanes regarding the installation of placards requiring flight limitations in icing conditions.

FEDERAL HIGHWAY ADMINISTRATION (FHWA)

Environmental impact and related procedures: Notice of proposed rulemaking, request for comments, published Oct. 1, 2012, comments by Nov. 30, 2012 Text The Federal Highway Administration and the Federal Transit Administration (FTA) propose to modify an existing categorical exclusion (CE) for emergency repair projects under 23 U.S.C. 125 to include emergency projects as described in Section 1315 of MAP-21, and request comments on the proposed changes to the FHWA and the FTA joint procedures that implement the National Environmental Policy Act. This action also requests comments on whether additional activities ought to be expressly included in the CE, consistent with the principles underlying emergency projects and sound transportation asset management. The Federal Highway Administration and the Federal Transit Administration request comments on the proposals contained in this notice.

FEDERAL TRANSIT ADMINISTRATION (FTA)

Environmental impact and related procedures: Notice of proposed rulemaking, request for comments, published Oct. 1, 2012, comments by Nov. 30, 2012 Text The Federal Highway Administration (FHWA) and the Federal Transit Administration propose to modify an existing categorical exclusion (CE) for emergency repair projects under 23 U.S.C. 125 to include emergency projects as described in Section 1315 of MAP-21, and request comments on the proposed changes to the FHWA and the FTA joint procedures that implement the National Environmental Policy Act. This action also requests comments on whether additional activities ought to be expressly included in the CE, consistent with the principles underlying emergency projects and sound transportation asset management. The Federal Highway Administration and the Federal Transit Administration request comments on the proposals contained in this notice. ------