Courthouse News Service s2

COURTHOUSE NEWS SERVICE

Federal Regulation Brief Aug. 24, 2012

AGRICULTURE:

AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

FARM SERVICE AGENCY (FSA)

Suspension of End-Use Certificate Program requirements: Final rule, published Aug. 24, 2012, effective Aug. 31, 2012 Text The Farm Service Agency suspends indefinitely its regulation requiring end-use certificates and tracking of wheat produced in Canada that enters the United States. This action is taken in response to the discontinuation of Canada's end-use certificate program. As a result of these changes, importers and end-users of Canadian produced wheat are no longer required to provide FSA end-use certificates or consumption and resale reports on wheat produced in Canada. ------

COMMERCE:

COMMERCE (DOC)

PROPOSED REGULATIONS

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

Endangered and threatened wildlife and plants, revisions to the regulations for impact analyses of critical habitat: Proposed rule, published Aug. 24, 2012, comments by Oct. 23, 2012, electronic comments through the Federal eRulemaking Portal by 11:59 p.m. Eastern Standard Time Oct. 23, 2012 Text The U.S. Fish and Wildlife Service and the National Marine Fisheries Service propose to revise their regulations on impact analyses conducted for designations of critical habitat under the Endangered Species Act. These changes are proposed as directed by the President's Feb. 28, 2012, memorandum, which directed them to take prompt steps to revise their regulations to provide that the economic analysis be completed and made available for public comment at the time of publication of a proposed rule to designate critical habitat. ------

ENVIRONMENT, ENERGY & RESOURCES: ENVIRONMENTAL PROTECTION (EPA)

2012 technical corrections, clarifying and other amendments to the Greenhouse Gas Reporting Rule, and Confidentiality Determinations for Certain Data Elements of the Fluorinated Gas Source Category: Final rule, published Aug. 24, 2012, effective Aug. 24, 2012, except for the amendments to 40 CFR 98.3(c)(4) and the confidentiality determinations for subpart L, which are effective Sept. 24, 2012 PDF | Text The Environmental Protection Agency amends specific provisions of the Greenhouse Gas Reporting Rule to provide greater clarity and flexibility to facilities subject to reporting emissions from the industrial waste landfill, petroleum and natural gas systems, fluorinated gas production, and electronics manufacturing source categories. These source categories will report greenhouse gas data for the first time in September 2012. The changes do not significantly change the overall calculation and monitoring requirements of the Greenhouse Gas Reporting Rule or add additional requirements for reporters. The EPA also makes confidentiality determinations for four new data elements for the fluorinated gas production source category of the Greenhouse Gas Reporting Rule. Lastly, the EPA finalizes an amendment to the general provisions to defer the reporting deadline for a data element used as an input to an emission equation in the fluorinated gas production source category until 2015.

Source Specific Federal Implementation Plan for Implementing Best Available Retrofit Technology for Four Corners Power Plant, Navajo Nation: Final rule, published Aug. 24, 2012, effective Oct. 23, 2012 Text The Environmental Protection Agency issues a source-specific Federal Implementation Plan requiring the Four Corners Power Plant (FCPP), a coal-fired power plant on the Navajo Nation near Farmington, N.M., to achieve emissions reductions required by the Clean Air Act's Best Available Retrofit Technology provision. In this final action, the EPA requires the FCPP to reduce emissions of oxides of nitrogen (NOX) and sets emission limits for particulate matter (PM) based on emission rates already achieved at the FCPP. These pollutants contribute to visibility impairment in the numerous mandatory Class I federal areas surrounding the FCPP. For NOX emissions, the EPA requires the FCPP to meet a plant-wide emission limit of 0.11 lb/MMBtu on a rolling 30-day heat input-weighted average. This represents an 80 percent reduction from the current NOX emission rate and is expected to provide significant improvement in visibility. The EPA also finalizes an alternative emission control strategy that gives the owners of the FCPP the option to close Units 1-3 and install controls on Units 4 and 5 to each meet an emission limit of 0.098 lb/MMBtu, based on a rolling average of 30 successive boiler operating days. For PM, the EPA requires Units 4 and 5 at the FCPP to meet an emission limit of 0.015 lb/MMBtu, and retains the existing 20 percent opacity limit. These PM limits are achievable through the proper operation of the existing baghouses. The EPA also requires the FCPP to comply with a 20 percent opacity limit on its coal and material handling operations. ------DEPARTMENT OF THE INTERIOR (DOI)

FISH AND WILDLIFE SERVICE (USFWS)

Endangered and threatened wildlife and plants, revisions to the regulations for impact analyses of critical habitat: Proposed rule, published Aug. 24, 2012, comments by Oct. 23, 2012, electronic comments through the Federal eRulemaking Portal by 11:59 p.m. Eastern Standard Time Oct. 23, 2012 Text The U.S. Fish and Wildlife Service and the National Marine Fisheries Service propose to revise their regulations on impact analyses conducted for designations of critical habitat under the Endangered Species Act. These changes are proposed as directed by the President's Feb. 28, 2012, memorandum, which directed them to take prompt steps to revise their regulations to provide that the economic analysis be completed and made available for public comment at the time of publication of a proposed rule to designate critical habitat. ------

HOUSING:

HOUSING AND URBAN DEVELOPMENT (HUD)

Federal Housing Administration, strengthening risk management through responsible FHA-approved lenders: Final rule, clarification and correction, published Aug. 24, 2012, effective Sept. 24, 2012 Text The Department of Housing and Urban Development makes several nonsubstantive clarifications and corrections to the provisions of the April 20, 2010, final rule to improve the clarity of the HUD's regulatory requirements and, thereby, facilitate program participant compliance and improve the HUD's ability to monitor and enforce its risk management regulations. ------

MONEY:

TREASURY (USDT)

INTERNAL REVENUE SERVICE (IRS)

Amendment of prohibited payment option under Single-Employer Defined Benefit Plan of plan sponsor in bankruptcy: Cancellation of notice of public hearing on proposed Rulemaking, published Aug. 24, 2012, public hearing originally scheduled for Aug. 24, 2012 at 10 a.m. is cancelled Text The Internal Revenue Service cancels a public hearing on proposed regulations under Section 411(d)(6) of the Internal Revenue Code. The proposed regulations provide guidance under the anti-cutback rules of Section 411(d)(6) of the Internal Revenue Code, which generally prohibit plan amendments eliminating or reducing accrued benefits, early retirement benefits, retirement-type subsidies, and optional forms of benefit under qualified retirement plans. ------

NATIONAL SECURITY:

DEFENSE (DoD)

Federal Acquisition Regulation, Basic Safeguarding of Contractor Information Systems: Proposed rule, published Aug. 24, 2012, written comments by Oct. 23, 2012 Text The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration propose to amend the Federal Acquisition Regulation to add a new subpart and contract clause for the basic safeguarding of contractor information systems that contain information provided by or generated for the government (other than public information) that would reside on or move through contractor information systems. ------

HOMELAND SECURITY (DHS)

COAST GUARD (USCG)

Drawbridge operation regulations, Gulf Intracoastal Waterway, St. Petersburg/Tampa, Florida: Notice of temporary deviations from regulations, published Aug. 24, 2012, effective 3 p.m. Aug. 26 to 7 p.m. Aug. 30, 2012 Text The U.S. Coast Guard issues temporary changes in the operating schedules for seven bridges in St. Petersburg and Tampa, Fla., to allow for the safe transportation of officials and participants to the Republican National Convention.

Safety zone, Swim Around Charleston, Charleston, South Carolina: Temporary final rule, published Aug. 24, 2012, effective 7 a.m. to 2 p.m. Sept. 23, 2012 Text The U.S. Coast Guard establishes a temporary moving safety zone during the Swim Around Charleston, a swimming race on the Wando River, the Cooper River, Charleston Harbor, and the Ashley River, in Charleston, S.C.

Safety zone, Bostock 50th Anniversary fireworks, Long Island Sound; Manursing Island, New York: Final rule, published Aug. 24, 2012, effective 9:45 p.m. to 10:50 p.m. Sept. 8, 2012 Text The U.S. Coast Guard establishes a temporary safety zone on Long Island Sound near Manursing Island, N.Y. for a fireworks display.

Safety zone, Apache Pier Labor Day fireworks, Myrtle Beach, South Carolina: Temporary final rule, published Aug. 24, 2012, effective 9 p.m. Sept. 1 to 10:15 p.m. Sept. 2, 2012, enforced Sept. 2, 2012 only if the event is postponed Sept. 1, 2012 Text The U.S. Coast Guard establishes a temporary safety zone on the Atlantic Ocean near Apache Pier in Myrtle Beach, S.C., during the Labor Day fireworks demonstration. ------

TRANSPORTATION

TRANSPORTATION (DOT)

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Pratt & Whitney Division turbofan engines: Final rule, published Aug. 24, 2012, effective Sept. 28, 2012 Text PURPOSE: This airworthiness directive (AD) was prompted by Pratt & Whitney's updated low-cycle-fatigue analysis that indicated certain high-pressure turbine (HPT) stage 1 front hubs could initiate a crack prior to the published life limit in Pratt & Whitney Division PW4052, PW4152, PW4056, PW4156A, PW4060, PW4060A, PW4060C, PW4062, PW4062A, PW4158, PW4460, PW4462, PW4164, PW4164C, PW4164C/B, PW4168, and PW4168A turbofan engines with certain HPT stage 1 front hubs installed. This AD requires removing the affected HPT stage 1 front hubs from service using a drawdown plan. This AD requires actions intended to prevent failure of the HPT stage 1 front hub, which could lead to an uncontained engine failure and damage to the airplane.

SUMMARY: The Federal Aviation Administration adopts a new AD for Pratt & Whitney Division PW4052, PW4152, PW4056, PW4156A, PW4060, PW4060A, PW4060C, PW4062, PW4062A, PW4158, PW4460, PW4462, PW4164, PW4164C, PW4164C/B, PW4168, and PW4168A turbofan engines with certain HPT stage 1 front hubs installed. Airworthiness directives, BRP-Powertrain GmbH & Co KG Rotax reciprocating engines: Final rule, request for comments, published Aug. 24, 2012, effective Sept. 10, 2012, comments by Oct. 9, 2012 Text PURPOSE: This airworthiness directive (AD) was prompted by reports of fuel pumps having pressure side fuel hoses in BRP-Powertrain GmbH & Co KG Rotax 912 F2, 912 F3, 912 F4, 912 S2, 912 S3, and 912 S4 reciprocating engines not meeting the design specification. This AD requires actions intended to prevent pressure side fuel hose deterioration and contamination of the carburetor, which could result in an in- flight engine shutdown, forced landing and damage to the airplane.

SUMMARY: The Federal Aviation Administration adopts a new AD for BRP-Powertrain GmbH & Co KG Rotax 912 F2, 912 F3, 912 F4, 912 S2, 912 S3, and 912 S4 reciprocating engines. This AD requires replacing the pressure side fuel hose on certain fuel pumps and inspecting the carburetors connected to those fuel pumps for contamination within 5 flight hours after the effective date of this AD.

Amendment of Class E Airspace, Augusta, Georgia: Final rule, published Aug. 24, 2012, effective 0901 UTC, Nov. 15, 2012 Text The Federal Aviation Administration amends Class E Airspace in Augusta, Ga., because the Bushe Non-Directional Beacon (NDB) and the Burke County NDB have been decommissioned and new Standard Instrument Approach Procedures have been developed at Augusta Regional Airport at Bush Field, Augusta, Ga., and Burke County Airport, Waynesboro, Ga., respectively. This action also updates the geographic coordinates of Burke County Airport. ------

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

Federal Motor Vehicle Safety Standards, motorcycle brake systems: Final rule, published Aug. 24, 2012, effective Oct. 23, 2012, petitions for reconsideration by Oct. 9, 2012, compliance dates complex, optional early compliance is permitted on and after Oct. 23, 2012 PDF | Text The National Highway Traffic Safety Administration amends the federal motor vehicle safety standard (FMVSS) on motorcycle brake systems to add and update requirements and test procedures and to harmonize with a global technical regulation for motorcycle brakes. This final rule includes numerous modifications to the test procedures for motorcycle brake systems, but does not change the scope, applicability, and safety purpose of the motorcycle brake systems FMVSS.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

Greenhouse gas emissions standards and fuel efficiency standards for medium- and heavy-duty engines and vehicles: Denial of petition for rulemaking, published Aug. 24, 2012 Text The National Highway Traffic Administration denies the petition of Plant Oil Powered Diesel Fuel Systems, Inc. to amend the final rules establishing fuel efficiency standards for medium- and heavy-duty vehicles because the NHTSA does not believe that the petitioner has shown a basis for rulemaking. The NHTSA disagrees with the petitioner's assertion that a failure to specifically consider pure vegetable oil, and technology to enable its usage, as a feasible technology in heavy-duty vehicles, led to the adoption of less stringent standards. The NHTSA also disagrees with the petitioner's assertion that the NHTSA failed to adequately consider the rebound effect in setting the standards. ------