COURTHOUSE NEWS SERVICE
Federal Regulation Brief June 16, 2011
COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of Caribbean, Gulf of Mexico, and South Atlantic, Snapper–Grouper Fishery of South Atlantic, management measures: Final rule, published June 15, 2011, effective July 15, 2011, except for the amendment to Section 622.39, which is effective June 22, 2011 [TEXT] The National Marine Fisheries Service implements the approved actions identified in Regulatory Amendment 9 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region prepared by the South Atlantic Fishery Management Council. This final rule reduces the recreational bag limit for black sea bass, increases the commercial trip limit for greater amberjack, and establishes commercial trip limits for vermilion snapper and gag. This rule also implements a minor revision to the mailing address for the NMFS Southeast Regional Administrator, revises commercial trip limit codified text for greater amberjack to be consistent regarding the commercial quota, and corrects two closed area coordinates published in a previous rulemaking. The intended effect of this final rule is to address derby-style fisheries for black sea bass, gag, and vermilion snapper while reducing the rate of harvest to extend the fishing seasons of these three species, to achieve optimum yield for greater amberjack, and to implement technical corrections to the regulations.
Magnuson–Stevens Act Provisions, fisheries off west coast states, Pacific Coast Groundfish Fishery, biennial specifications and management measures: Interim final rule, published June 15, 2011, effective June 10, 2011, comments by July 15, 2011 [TEXT] The National Marine Fisheries Service revises the sablefish cumulative limits for the limited entry fixed gear primary fishery for the remainder of the 2011 groundfish fishery. This action is to allow the limited entry fixed gear fishery to achieve their fishery harvest guideline, while keeping total impacts of all fisheries within the 2011 sablefish annual catch limit.
Pacific halibut fisheries, limited access for guided sport charter vessels in Alaska: Interpretative rule, published June 15, 2011, effective June 15, 2011 [TEXT] The National Marine Fisheries Service clarifies regulations that apply to vessels operating in the guided sport (charter) fishery for halibut in International Pacific Halibut Commission Regulatory Area 2C (Southeast Alaska) and Area 3A (Central Gulf of Alaska). Under regulations implementing the charter halibut limited access program, operators of a vessel in Area 2C or Area 3A with one or more charter vessel anglers onboard that catch and retain halibut must have an Alaska Department of Fish and Game Saltwater Charter Logbook onboard which specifies the person named on the charter halibut permit(s) used onboard the vessel, and the charter halibut permit number(s) used onboard the vessel.
Revisions to the Northeast Multispecies Fishery Management Plan and Sector Annual Catch Entitlements, updated annual catch limits for sectors and the common pool for fishing year 2011: Temporary final rule, adjustment to specifications, published June 15, 2011, effective June 14, 2011, through April 30, 2012 [TEXT] [PDF] Based on the final multispecies sector rosters submitted as of May 1, 2011, the National Marine Fisheries Service announces adjustments to the Northeast multispecies fishing year (FY) 2011 specification of annual catch limits (ACLs) for common pool vessels (common pool sub-ACLs), ACLs for sector vessels (sector sub- ACLs), and sector Annual Catch Entitlements for groundfish stocks managed under the NE Multispecies Fishery Management Plan. This revision to FY 2011 catch levels is to account for changes to the number of participants electing to fish in either sectors or the common pool fishery in FY 2011.
PROPOSED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of northeastern United States, Atlantic Herring Fishery: Proposed rule, request for comments, published June 15, 2011, comments by 5 p.m., Eastern Time, June 30, 2011 [TEXT] The National Marine Fisheries Service proposes revising the reporting requirements for vessels issued Atlantic herring permits, because more timely catch information is necessary to monitor herring catch against the stock-wide herring annual catch limit (ACL) and herring management area sub-ACLs, to help prevent sub-ACLs overages, and to reduce the chance of premature fishery closures. This proposal would require limited access herring vessels to report catch daily via vessel monitoring systems, open access herring vessels to report catch weekly via the interactive voice response system, and all herring-permitted vessels to submit vessel trip reports weekly. ------
POSTAL SERVICE (USPS)
NEWLY PUBLISHED REGULATIONS
Mobile Barcode Promotion: Final rule, published June 15, 2011, effective July 5, 2011 [TEXT] The Postal Service revises the Mailing Standards of the U.S. Postal Service, Domestic Mail Manual 709.4 to add a temporary promotion for First-Class Mail cards, letters and flats, and Standard Mail letters and flats bearing two-dimensional mobile barcodes. ------
ENVIRONMENT, ENERGY & RESOURCES:
ENERGY (DOE)
PROPOSED REGULATIONS
Energy Conservation Program for consumer products and certain commercial and industrial equipment, proposed determination of set-top boxes and network equipment as a covered consumer product: Proposed determination, published June 15, 2011, written comments, data, and information by July 15, 2011 [TEXT] The U.S. Department of Energy has determined tentatively that set-top boxes and network equipment qualify as a covered product under Part A of Title III of the Energy Policy and Conservation Act. ------
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Approvals and Promulgations of Implementation Plans, California, Regional Haze and Interstate Transport: Final rule, published June 15, 2011, effective July 15, 2011 [TEXT] The Environmental Protection Agency approves a California State Implementation Plan revision that addresses the 1997 8-hour ozone and 1997 fine particulate matter National Ambient Air Quality Standards as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I) to prohibit emissions that contribute significantly to nonattainment of these standards in any other state and to prohibit emissions that interfere with maintenance of these standards by any other state.
Pesticide tolerances, difenoconazole: Final rule, published June 15, 2011, effective June 15, 2011, objections and requests for hearings by Aug. 15, 2011 [TEXT] The Environmental Protection Agency establishes tolerances for residues of difenoconazole in or on aspirated grain fractions; carrot; chickpea; fruits, stone, group 12; soybean, hulls; soybean, seed; strawberry; and turnip greens. This regulation also increases the existing tolerances for cattle, liver; goat, liver; hog, liver; horse, liver; sheep, liver; and decreases the existing tolerance for egg and revises the tolerance expression for animal commodities. A tolerance is the amount of a toxin legally allowed on produce.
Pesticide tolerances, technical amendments: Final rule, published June 15, 2011, effective June 15, 2011 [TEXT] The Environmental Protection Agency has reviewed its pesticide regulations and makes changes in a number of areas. These changes correct cross-references, remove expired tolerances, “reserve” paragraphs within sections that no longer have any tolerances listed due to the removal of expired tolerances, and remove sections that no longer have any tolerances due to the removal of expired tolerances. A tolerance is the amount of a toxin legally allowed on produce.
PROPOSED REGULATIONS
Approvals and promulgations of implementation plans and designations of areas for air quality planning purposes, Kentucky and Indiana, Louisville, determination of attainment by applicable attainment date for 1997 annual fine particulate standards: Proposed rule, published June 15, 2011, comments by July 15, 2011 [TEXT] The Environmental Protection Agency proposes to determine that the bi-state Louisville, Kentucky-Indiana, fine particulate (PM2.5) nonattainment area has attained the 1997 annual PM2.5 national ambient air quality standards by its applicable attainment date of April 5, 2010.
Proposed tolerance actions, amitraz, bentazon, bifenthrin, chlorfenapyr, cyfluthrin, deltamethrin, et al.: Proposed rule, published June 15, 2011, comments by Aug. 15, 2011 [TEXT] The Environmental Protection Agency proposes minor revisions to tolerance expressions for a number of pesticide active ingredients, including the insecticides amitraz, bifenthrin, chlorfenapyr, cyfluthrin, deltamethrin, esfenvalerate, fenpropathrin, and pyridaben; the fungicide metalaxyl; the herbicides bentazon, quizalofop ethyl, sodium acifluorfen, and tebuthiuron; and the plant growth regulator ethephon. Also, the EPA proposes to remove several expired tolerances for quizalofop ethyl. A tolerance is the amount of a toxin legally allowed on produce. ------
GOVERNMENT:
PRESIDENTIAL DOCUMENTS
ADMINISTRATIVE ORDERS
Belarus, Continuation of National Emergency (Notice of June 14, 2011): Published June 15, 2011 [TEXT] President Obama extends for one year provisions in Executive Order 13405 blocking the use of property of people determined to have undermined democratic processes and institutions in Belarus during and since the 2006 presidential election in that country. ------HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
NEWLY PUBLISHED REGULATIONS
FOOD AND DRUG ADMINISTRATION (FDA)
Medical devices, ear, nose, and throat devices, classification of the wireless air- conduction hearing aid: Final rule, published June 15, 2011, effective July 15, 2011, classification effective March 31, 2011 [TEXT] The Food and Drug Administration classifies the wireless air-conduction hearing aid into class II (special controls) to provide a reasonable assurance of safety and effectiveness of the device. ------
MONEY:
SECURITIES AND EXCHANGE COMMISSION (SEC)
PROPOSED REGULATIONS
Exemptions for security-based swaps issued by certain clearing agencies: Proposed rules, published June 15, 2011, comments by July 25, 2011 [TEXT] The Securities and Exchange Commission proposes exemptions under the Securities Act, the Securities Exchange Act, and the Trust Indenture Act for security-based swaps issued by certain clearing agencies satisfying certain conditions. ------
NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Drawbridge Operation Regulations, Atlantic Intracoastal Waterway, Elizabeth River, Southern Branch, Chesapeake, Virginia: Final rule, published June 15, 2011, effective 9 a.m. June 19, 2010 until 6:30 p.m. Dec. 20, 2013 [TEXT] The Coast Guard temporarily changes the drawbridge operation regulations of the Gilmerton Bridge across the Elizabeth River, AIWW mile 5.8, at Chesapeake, Va. This change allows adjustments and set opening periods for the bridge during the day until Dec. 20, 2013, relieving vehicular traffic congestion during the weekday and weekend daytime hours while providing for the reasonable needs of navigation. Safety zones, annual fireworks events in the Captain of the Port Detroit Zone: Notice of enforcement of regulation, published June 15, 2011, regulations enforced at various times between 8:30 p.m. June 23 and 11:30 p.m. Sept. 5, 2011 [TEXT] The Coast Guard will enforce various safety zones for annual fireworks events in the Captain of the Port Detroit zone from 8:30 p.m. June 23 through 11:30 p.m. Sept. 5, 2011.
Safety zones, Augusta Southern Nationals Drag Boat Race, Savannah River, Augusta, Georgia: Temporary final rule, published June 15, 2011, effective from 6 a.m. on July 14 to 8 p.m. July 18, 2011 [TEXT] The Coast Guard establishes a temporary safety zone on the waters of the Savannah River in Augusta, Ga. during the Augusta Southern Nationals Drag Boat Race, which consists of a series of high-speed boat races.
Safety zones, Chicago Harbor, Navy Pier Southeast, Chicago, Illinois: Notice of enforcement of regulation at various times and on various dates between 10 p.m. July 2 to 10:30 p.m. July 30, 2011, published June 15, 2011 [TEXT] The Coast Guard will enforce the Navy Pier Southeast Safety Zone in Chicago Harbor from July 2 through July 30, 2011. This action is to ensure safety of life on the navigable waters of the United States immediately prior to, during, and immediately after fireworks events.
Safety zones, fireworks displays in the Captain of the Port Columbia River Zone: Notice of enforcement of regulation, published June 15, 2011, enforcement dates complex [TEXT] The Coast Guard will enforce the safety zones in 33 CFR 165.1315 for fireworks displays in the Captain of the Port Zone from May through September 2011. This action is to ensure the safety of the crews onboard the vessels involved in the fireworks displays, the maritime public, and all observers.
Safety zones, fireworks displays in the Sector Columbia River Area of Responsibility: Temporary final rule, published June 15, 2011, effective 8 p.m. until 11:30 p.m. July 2 through July 4, 2011 [TEXT] The Coast Guard establishes safety zones on the Columbia River, Willamette River, Lewis River, and Pacific Ocean at the mouth of the Chetco River for 4th of July fireworks displays.
Safety zones, M/V DAVY CROCKETT, Columbia River: Temporary final rule, published June 15, 2011, effective June 15 through July 31, 2011, effective with actual notice for enforcement May 23, 2011 [TEXT] The Coast Guard extends the enforcement of a safety zone established on the waters of the Columbia River surrounding the M/V DAVY CROCKETT at approximate river mile 117. The safety zone is to help ensure the safety of the response workers and maritime public from the hazards associated with ongoing salvage operations involving the M/V DAVY CROCKETT.
Safety zones, marine events in Captain of the Port Long Island Sound Zone: Temporary final rule, published June 15, 2011, effective in the CFR June 15 to 10:30 p.m. July 16, 2011, effective with actual notice 8:30 p.m. June 11, 2011 [TEXT] The Coast Guard establishes 17 temporary safety zones for marine events within the Captain of the Port Long Island Sound Zone for firework displays. This action is to provide for the safety of life on navigable waters during the events.
Safety zones, Rochester Harbor Festival, Genesee River, Rochester, New York: Temporary final rule, published June 15, 2011, effective 10 p.m. until 10:30 p.m. June 25, 2011 [TEXT] The Coast Guard establishes a temporary safety zone on the Genesee River, Rochester, N.Y. for the Rochester Harbor Festival fireworks. This zone is to restrict vessels from the mouth of the Genesee River in Rochester during the Rochester Harbor Festival fireworks June 25, 2011.
Safety zones, Seafair Blue Angels Air Show Performance, Seattle, Washington: Notice of enforcement of regulation 9 a.m. Aug. 4, 2011 to 4 p.m. Aug. 7, 2011, published June 15, 2011 [TEXT] The Coast Guard will enforce the annual Seafair Blue Angels Air Show safety zone on Lake Washington, Seattle, Wash. from 9 a.m. Aug. 4, 2011 to 4 p.m. Aug. 7, 2011. This action is to ensure the safety of the public from inherent dangers associated with these annual aerial displays.
Safety zones, Truman–Hobbs alteration of the Elgin Joliet & Eastern Railroad Drawbridge, Illinois River, Morris, Illinois: Temporary final rule, published June 15, 2011, effective 7 a.m. June 23, 2011, until 7 a.m. June 30, 2011 [TEXT] The Coast Guard establishes a temporary safety zone on the Illinois River near Morris, Ill. This zone is to restrict vessels from a part of the Illinois River due to the Truman-Hobbs alteration of the Elgin Joliet & Eastern Railroad Drawbridge. ------
TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS FEDERAL RAILROAD ADMINISTRATION (FRA)
Track Safety Standards, concrete crossties: Final rule, delay of effective date until Oct. 1, 2011, published June 15, 2011 [TEXT] The Federal Railroad Administration delays the effective date of a final rule that mandates specific requirements for effective concrete crossties, for rail fastening systems connected to concrete crossties, and for automated inspections of track constructed with concrete crossties. The Track Safety Standards were amended April 1, 2011, and the amendments were scheduled to be effective July 1, 2011. The agency received two petitions for reconsideration in response to the final rule that contain substantive issues requiring a detailed response, so the agency is delaying the effective date to Oct. 1, 2011, to provide time to address the petitions.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Boeing Co. Model 767 airplanes: Notice of proposed rulemaking, published June 15, 2011, comments by Aug. 1, 2011 [TEXT] PURPOSE: This proposed airworthiness directive (AD) was prompted by a design review of Boeing Co. Model 767 airplanes following a ground fire incident and reports of flammable fluid leaks from the wing leading edge area onto the engine exhaust area. This proposed AD would require actions intended to prevent flammable fluid from leaking onto the engine exhaust nozzle which could result in a fire.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for Boeing Co. Model 767 airplanes. This proposed AD would require modification of the fluid drain path in the leading edge area of the wing. ------