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COURTHOUSE NEWS SERVICE

Federal Regulation Brief April 21, 2010

AGRICULTURE:

AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

AGRICULTURAL MARKETING SERVICE (AMS)

Cranberries grown in Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the state of New York, changes to reporting dates: Final rule, published April 20, 2010, effective April 21, 2010 [TEXT] The Agricultural Marketing Service changes reporting dates prescribed under the marketing order that regulates the handling of cranberries grown in the states of Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the state of New York. This rule revises the due dates of handler reports to provide more time for handlers to file their reports with the committee, to improve handler compliance. ------

COMMERCE:

COMMERCE (DOC)

INDUSTRY AND SECURITY BUREAU (BIS)

Revisions to the Export Administration Regulations based on the 2009 Missile Technology Control Regime plenary agreements: Final rule, published April 20, 2010, effective April 20, 2010, comments welcome on a continuing basis [TEXT] The Bureau of Industry and Security amends the Export Administration Regulations to reflect changes to the Missile Technology Control Regime (MTCR) Annex agreed to by MTCR member countries at the November 2009 plenary in Rio de Janeiro, Brazil. In addition, this rule corrects an error published in a Dec. 10, 2009 final rule (74 FR 65662). ------

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

Fisheries of the exclusive economic zone off Alaska, Individual Fishing Quota Program: Final rule correction, published April 20, 2010, effective April 20, 2010 [TEXT] The National Marine Fisheries Service corrects a Dec. 15, 2008 final rule that revised the Individual Fishing Quota (IFQ) Program for the sablefish and halibut fisheries off Alaska. The December 2008 final rule erroneously removed a paragraph requiring the IFQ permit holder be aboard the vessel at all times during a fishing trip and be present during the landing of harvested fish. This action corrects the error by restoring the removed paragraph, thereby eliminating the public’s possible confusion about the program’s owner-on-board requirements and restoring the agency’s ability to enforce the provision. This action is to promote the goals and objectives of the Northern Pacific Halibut Act, the Magnuson-Stevens Fishery Conservation and Management Act and other applicable law.

PROPOSED REGULATIONS

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

Fisheries of the Caribbean, Gulf of Mexico and South Atlantic, shrimp fishery of the Gulf of Mexico and South Atlantic, revisions to allowable bycatch reduction devices: Proposed rule, published April 20, 2010, comments by 4:30 p.m. Eastern Time May 5, 2010 [TEXT] In accordance with the framework procedures for adjusting management measures of the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico and the Fishery Management Plan for the Shrimp Fishery of the South Atlantic region, the National Marine Fisheries Service proposes to provisionally recertify two bycatch reduction devices and revise the construction and installation requirements of one of these bycatch reduction device designs in the southeastern shrimp fishery. This proposed rule is to improve bycatch reduction in the shrimp fishery, reduce regulatory confusion and better meet the requirements of National Standard 9.

Fisheries of the northeastern United States, Atlantic herring fishery, specifications: Proposed rule, published April 20, 2010, comments by 5 p.m. Eastern Standard Time May 20, 2010 [TEXT] The National Marine Fisheries Service proposes 2010-2012 specifications for the Atlantic herring fishery. These proposed specifications and management measures promote the utilization and conservation of the herring resource and provide for a sustainable fishery. This proposed rule would also make minor corrections to existing regulations. ------

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Interpretation of “children’s product” as used in the Consumer Product Safety Improvement Act of 2008: Proposed interpretative rule, published April 20, 2010, written comments by June 21, 2010 [TEXT] The Consumer Product Safety Commission issues a proposed interpretative rule that would interpret the term “children's product” as used in the Consumer Product Safety Improvement Act, Public Law 110-314. The proposed rule would provide additional guidance on the factors that must be considered when evaluating what is a children’s product. ------

ENVIRONMENT, ENERGY & RESOURCES:

DEPARTMENT OF THE INTERIOR (DOI)

FISH AND WILDLIFE SERVICE (USFWS)

Endangered and threatened wildlife and plants, initiation of status review for Sacramento splittail: Initiation of status review and solicitation of new information, published April 20, 2010, information by May 20, 2010, after this which submit information directly to the Field Office [TEXT] The U.S. Fish and Wildlife Service under the authority of the Endangered Species Act, announces the initiation of a status review for the Sacramento splittail (Pogonichthy macrolepidotus). To ensure that the status review is comprehensive, the agency solicits scientific and commercial data and other information regarding this species. Based on the status review, the agency will issue a 12-month finding, which will address whether the listing may be warranted, as provided in Section 4(b)(3)(B) of the Act. ------

GOVERNMENT:

PRESIDENTIAL DOCUMENTS

ADMINISTRATIVE ORDERS

America's Great Outdoors Initiative, Establishment (Memorandum of April 16, 2010): A 21st Century Strategy for America's Great Outdoors, published April 20, 2010 [TEXT] President Obama has established the America's Great Outdoors Initiative, to be led by the Secretaries of the Interior and Agriculture, the Administrator of the Environmental Protection Agency, and the Chair of the Council on Environmental Quality. The initiative is to develop a conservation agenda by looking to the private sector and nonprofit organizations, and towns, cities, and states, and the people who live and work in them, to identify the places that mean the most to Americans, and leverage the support of the Federal Government to help these community-driven efforts to succeed. Hospital patients, right to receive visitors and designate decision makers (Memorandum of April 15, 2010): Respecting the Rights of Hospital Patients to Receive Visitors and to Designate Surrogate Decision Makers for Medical Emergencies, Memorandum for the Secretary of Health and Human Services, published April 20, 2010 [TEXT] President Obama has directed the Secretary of Health and Human Services to initiate regulations to ensure that hospitals that participate in Medicare or Medicaid respect the rights of patients to designate visitors, instead of using the traditional mode of only allowing family members to lend support and make medical decisions on their behalf. ------

HEALTH:

HEALTH AND HUMAN SERVICES (HHS)

FOOD AND DRUG ADMINISTRATION (FDA)

New animal drugs, change of sponsor's name and address, page 20522: Final rule, published April 20, 2010, effective April 20, 2010 [TEXT] The Food and Drug Administration amends the animal drug regulations to reflect a change of sponsor's name from Minrad, Inc. to Piramal Critical Care, Inc. The sponsor's mailing address also is changed.

New animal drugs, change of sponsor's name and address, page 20523: Final rule, published April 20, 2010, effective April 20, 2010 [TEXT] The Food and Drug Administration amends the animal drug regulations to reflect a change of sponsor's name from Parnell Laboratories (Aust) Pty. Ltd. to Parnell Technologies Pty. Ltd. In addition, the sponsor's mailing address is changed.

Total inward leakage requirements for respirators: Notice of proposed rulemaking, reopening of comment period, published April 20, 2010, written comments by Sept. 30, 2010 [TEXT] The Centers for Disease Control and Prevention (CDC) reopen the comment period for the notice of proposed rulemaking by the National Institute for Occupational Safety and Health of the CDC, entitled “Total Inward Leakage Requirements for Respirators,” published in the Oct.30, 2009 Federal Register. The comment period on this proposed regulation is reopened until Sept. 30, 2010. ------HOUSING:

HOUSING AND URBAN DEVELOPMENT (HUD)

Federal Housing Administration, continuation of FHA reform, strengthening risk management through responsible FHA-approved lenders: Final rule, published April 20, 2010, effective May 20, 2010, comments on net worth requirements for FHA- approved mortgagees that originate multifamily mortgages of $25 million or more, are due by May 20, 2010 [TEXT] The Federal Housing Commissioner adopts three changes regarding the approval of mortgage lenders by the Federal Housing Administration (FHA) designed to strengthen the FHA by improving its management of risk. First, the net worth requirement for FHA-approved mortgagees is increased. Second, loan correspondents are dropped as approved participants in FHA programs. They may participate in FHA programs as third-party originators through sponsorship by FHA- approved mortgagees, as is currently the case, or through application to be approved as an FHA-approved mortgagee. This is so FHA-approved mortgagees assume full responsibility to ensure that a sponsored loan correspondent adheres to the FHA's loan origination and processing requirements. Finally, the FHA's regulations are updated to incorporate criteria specified in the Helping Families Save Their Homes Act designed to ensure that only entities of integrity are involved in the origination of FHA-insured loans.

Homeless emergency assistance and rapid transition to housing, defining homeless: Proposed rule, published April 20, 2010, comments by June 21, 2010 [TEXT] The Office of the Assistant Secretary for Community Planning and Development begins the Department of Housing and Urban Development's regulatory implementation of the Homeless Emergency Assistance and Rapid Transition to Housing Act (HEARTH Act), enacted into law May 20, 2009, by defining “homeless” and related terms. ------

MONEY:

SECURITIES AND EXCHANGE COMMISSION (SEC)

Proposed amendments to Rule 610 of Regulation NMS: Proposed rule, published April 20, 2010, comments by June 21, 2010 [TEXT] The Securities and Exchange Commission publishes for comment proposed amendments to Rule 610 under the Securities Exchange Act relating to access to quotations in listed options as well as fees for such access. The proposed rule would prohibit an exchange from imposing unfairly discriminatory terms that inhibit efficient access to quotations in a listed option on its exchange and establish a limit on access fees that an exchange would be permitted to charge for access to its best bid and offer for listed options on its exchange. ------

NATIONAL SECURITY:

HOMELAND SECURITY (DHS)

COAST GUARD (USCG)

Regulated navigation areas, Port of Portland Terminal 4, Willamette River, Portland, Oregon: Final rule, published April 20, 2010, effective May 20, 2010 [TEXT] The U.S. Coast Guard establishes two regulated navigation areas at the Port of Portland Terminal 4 on the Willamette River in Portland, Ore. The regulated navigation areas are to preserve the integrity of engineered sediment caps placed within Slip 3 and Wheeler Bay at the Portland Harbor Superfund Site as part of a removal action at that site. The regulated navigation areas do so by prohibiting activities that could disturb or damage the engineered sediment caps in that area. ------

TRANSPORTATION

TRANSPORTATION (DOT)

FEDERAL AVIATION ADMINISTRATION (FAA)

Special conditions, Cirrus Design Corp. Model SF50 airplane, full authority digital engine control system: Final special conditions, published April 20, 2010, effective April 12, 2010, comments by May 20, 2010 [TEXT] The Federal Aviation Administration issues these special conditions for the Cirrus Design Corporation model SF50 airplane to establish a level of safety equivalent to that established by the existing airworthiness standards. This airplane has a novel or unusual design feature associated with the use of an electronic engine control system instead of a traditional mechanical control system.

Special conditions, Cirrus Design Corp., Model SF50, fire extinguishing for upper aft fuselage mounted engine: Final special conditions, published April 20, 2010, effective April 12, 2010, comments by May 20, 2010 [TEXT] The Federal Aviation Administration issues these special conditions for the Cirrus Design Corporation, model SF50 airplane to establish a level of safety equivalent to that established by the existing airworthiness standards. This single turbofan engine airplane has a novel or unusual design feature associated with mounting the engine in the aft fuselage.

FEDERAL AVIATION ADMINISTRATION (FAA)

Proposed amendment to Class B airspace, Cleveland, Ohio: Notice of proposed rulemaking, published April 20, 2010, comments by June 21, 2010 [TEXT] [PDF] The Federal Aviation Administration proposes to modify Cleveland, Ohio, Class B airspace to contain aircraft conducting Instrument Flight Rules instrument approach procedures to Cleveland-Hopkins International Airport within Class B airspace. This action also would update two geographic coordinates listed in the description. This action would contain aircraft operations conducting instrument approaches within Cleveland Class B airspace, further supporting the FAA's national airspace redesign goal of optimizing terminal and en route airspace areas to reduce aircraft delays and improve system capacity. ------