Courthouse News Service s8

COURTHOUSE NEWS SERVICE

Federal Regulation Brief Jan. 5, 2010

AGRICULTURE:

AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

Importation of Hass avocados from Peru: Final rule, published Jan. 4, 2010, effective Feb. 3, 2010 [TEXT] The Animal and Plant Health Inspection Service amends the fruits and vegetables regulations to allow the importation of Hass avocados from Peru into the continental United States. As a condition of entry, Hass avocados from Peru have to be produced in accordance with a systems approach that includes requirements for importation in commercial consignments; registration and monitoring of places of production and packinghouses; grove sanitation; pest-free areas or trapping for the South American fruit fly; pest-free areas or treatment for the Mediterranean fruit fly; surveys for the avocado seed moth; and inspection for quarantine pests by the national plant protection organization of Peru. Hass avocados from Peru are also required to be accompanied by a phytosanitary certificate with an additional declaration stating that the avocados were grown, packed, and inspected and found to be free of pests in accordance with these requirements. This action allows the importation of Hass avocados from Peru into the United States while continuing to provide protection against the introduction of quarantine pests. ------

COMMERCE:

COMMERCE (DOC)

BUREAU OF THE CENSUS (CENSUS BUREAU)

Temporary suspension of the Population Estimates and Income Estimates Challenge Programs: Final rule, published Jan. 4, 2010, effective Feb. 3, 2010 [TEXT] The Bureau of the Census announces to state and local governments and to federal agencies that, as of Feb. 3, 2010, the agency temporarily suspends the Population Estimates Challenge Program during both the decennial census year and the following year, and indefinitely suspends the Per Capita Income Estimates Challenge Program (also known as Procedure for Challenging Certain Population and Income Estimates) to accommodate the taking of the 2010 Census. During this time, the agency will not provide the operations necessary to review the July 1, 2009 population or per capita income estimates for state and other general-purpose governments, such as cities, towns and villages. The Population Estimates Challenge Program will resume in 2012 as the program begins operations based upon the results of the 2010 Census. The Per Capita Income Estimates Challenge Program will be suspended until a rulemaking is initiated to remove those regulations from the Code of Federal Regulations. This rule also summarizes the comments received on the Oct. 7, 2009 proposed rule regarding the proposed temporary suspension of the Population Estimates and Income Estimates Challenge Programs. ------

ENVIRONMENT, ENERGY & RESOURCES:

ENERGY (DOE)

PROPOSED REGULATIONS

Energy Conservation Program, test procedures for walk-in coolers and walk-in freezers: Notice of proposed rulemaking and public meeting, published Jan. 4, 2010, public meeting in Washington, D.C., Feb. 11, 2010, beginning at 9 a.m., requests to speak at the meeting by 4 p.m., Jan. 28, 2010, a signed original and an electronic copy of statements to be given at the public meeting by 4 p.m., Jan. 28, 2010, comments, data, and information regarding this notice of proposed rulemaking before or after the public meeting, but no later than March 22, 2010, see Section V, “Public Participation,” for details [TEXT] Under to the Energy Policy and Conservation Act, the U.S. Department of Energy proposes test procedures for measuring the energy consumption of walk-in coolers and walk-in freezers, definitions to delineate the products covered by the test procedures, and provisions (including a sampling plan) for manufacturers to implement the test procedures. The notice also addresses enforcement issues as they relate to walk-in equipment. Concurrently, the DOE is undertaking an energy conservation standards rulemaking for this equipment. Any data gathered through the use of the test procedure adopted by the DOE will be used in evaluating any potential standards for this equipment. Once these standards are promulgated, the adopted test procedures will be used to determine equipment efficiency and compliance with the standards. ------

ENVIRONMENTAL PROTECTION (EPA)

Approval and promulgation of implementation plans and designation of areas for air quality planning purposes, Tennessee, redesignation of the Shelby County, Tennessee part of the Memphis, TN-Arkansas 1997 8-hour ozone nonattainment area to attainment: Final rule, published Jan. 4, 2010, effective Feb. 3, 2010 [TEXT] The Environmental Protection Agency approves a request submitted Feb. 26, 2009, from the state of Tennessee, through the Tennessee Department of Environment and Conservation, Air Pollution Control Division, to redesignate the Tennessee part of the bi-state Memphis, Tennessee-Arkansas 8-hour ozone nonattainment area (bi-state Memphis Area) to attainment for the 1997 8-hour ozone national ambient air quality standards. The bi-state Memphis 1997 8-hour ozone NAAQS nonattainment area is composed of Shelby County, Tennessee and Crittenden County, Arkansas. The EPA's approval of the redesignation request is based on the determination that the bi-state Memphis Area has met the criteria for redesignation to attainment described in the Clean Air Act, including the determination that the bi-state Memphis Area has attained the 1997 8-hour ozone standard. Additionally, the EPA approves a revision to the Tennessee State Implementation Plan including the 1997 8-hour ozone maintenance plan for Shelby County, Tennessee that contains the new 2006, 2009, 2017, and 2021 motor vehicle emission budgets for nitrogen oxides (NOX ) and volatile organic compounds (VOC) for Shelby County, Tennessee. This action also approves the emissions inventory submitted with the maintenance plan (under the CAA Section 182(a)(1)). The state of Arkansas has submitted a similar redesignation request and maintenance plan for the Arkansas part of this 1997 8-hour ozone area. The EPA takes action on Arkansas' redesignation request, emissions inventory and maintenance plan through a separate rulemaking action. On March 12, 2008, the EPA issued a revised 8-hour ozone standard. The EPA later announced Sept.16, 2009, that it may reconsider this revised ozone standard. The current action, however, is taken to address requirements under the 1997 8-hour ozone NAAQS. Requirements for the bi-state Memphis Area under the 2008 standard will be addressed in the future.

Approval and promulgation of implementation plans and designations of areas for air quality planning purposes, North Carolina, Greensboro-Winston Salem-High Point, determination of attaining data for the 1997 fine particulate matter standard: Final rule, published Jan. 4, 2010, effective Jan. 4, 2010 [TEXT] The Environmental Protection Agency determines that the Greensboro-Winston Salem-High Point, North Carolina, nonattainment area for the 1997 fine particulate matter (PM2.5) National Ambient Air Quality Standard has attaining data for the 1997 PM2.5 NAAQS.

Approval and promulgation of air quality implementation plan, Kentucky, approval Section 110(a)(1) maintenance plan for the 1997 8-hour ozone standard for the Paducah Area: Proposed rule, published Jan. 4, 2010, comments by Feb. 3, 2010 [TEXT] The Environmental Protection Agency proposes to approve a revision to the Kentucky State Implementation Plan concerning the maintenance plan addressing the 1997 8- hour ozone standard for the Paducah 8-hour ozone attainment area, which comprises Marshall County and a part of Livingston County (Paducah Area'). This maintenance plan was submitted to the EPA May 27, 2008, by the commonwealth of Kentucky, and ensures the continued attainment of the 1997 8-hour ozone national ambient air quality standard through 2020. On July 15, 2009, the commonwealth of Kentucky submitted supplemental information with updated emissions tables for this Area to reflect actual emissions. The EPA proposes to find that this plan meets the statutory and regulatory requirements, and is consistent with the EPA's guidance. The EPA proposes to approve the revisions to the Kentucky SIP, under Section 110 of the Clean Air Act. On March 12, 2008, the EPA issued a revised ozone standard. The current action, however, is taken to address requirements under the 1997 ozone standard. Requirements for the Paducah Area under the 2008 standard will be addressed in the future. ------

NUCLEAR REGULATORY COMMISSION (NRC)

Alternate fracture toughness requirements for protection against pressurized thermal shock events: Final rule, published Jan. 4, 2010, effective Feb. 3, 2010 [TEXT] The Nuclear Regulatory Commission amends its regulations to provide alternate fracture toughness requirements for protection against pressurized thermal shock (PTS) events for pressurized water reactor (PWR) pressure vessels. This final rule provides alternate PTS requirements based on updated analysis methods. This action is because the existing requirements are based on unnecessarily conservative probabilistic fracture mechanics analyses. This action reduces regulatory burden for those PWR licensees who expect to exceed the existing requirements before the expiration of their licenses, while maintaining adequate safety, and may choose to comply with the final rule as an alternative to complying with the existing requirements. ------

MONEY:

TREASURY (USDT)

INTERNAL REVENUE SERVICE (IRS)

Amendments to the Section 7216 regulations, disclosure or use of information by preparers of returns: Final and temporary regulations, published Jan. 4, 2010, effective Jan. 4, 2010, applicability date complex [TEXT] The Internal Revenue Service issues final and temporary regulations that provide rules relating to the disclosure and use of tax return information by tax return preparers. These regulations provide updated guidance affecting tax return preparers regarding the use of information related to lists for solicitation of tax return business; the disclosure or use of statistical compilations of data under Section 7216 of the Internal Revenue Code by a tax return preparer in connection with, or in support of, a tax return preparer's tax return preparation business, including identification of additional limited circumstances when a tax return preparer who compiles statistical information may disclose the compilation without taxpayer consent, and the placement of additional restrictions on the content of the compilation that may be disclosed under those circumstances without taxpayer consent; and the disclosure or use of information for the purpose of performing conflict reviews. The text of these temporary regulations also serves as the text of the proposed regulations in the notice of proposed rulemaking on this subject in the Proposed Rules section of the Jan. 4, 2010 Federal Register.

FISCAL SERVICE (OFS)

Endorsement and payment of checks drawn on the U.S. Treasury: Notice of proposed rulemaking, published Jan. 4, 2010, comments by March 5, 2010 [TEXT] The Department of the Treasury, Financial Management Service (FMS), proposes to amend its regulation for the endorsement and payment of checks drawn on the U.S. Treasury, to provide that the Treasury may direct Federal Reserve Banks to debit a financial institution's account at the financial institution's servicing Federal Reserve Bank for all check reclamations that the financial institution has not protested. Financial institutions will continue to have the right to file a protest with the FMS if they believe a proposed reclamation is in error.

INTERNAL REVENUE SERVICE (IRS)

Amendments to the Section 7216 regulations, disclosure or use of information by preparers of returns: Notice of proposed rulemaking by cross-reference to temporary regulations, published Jan. 4, 2010, written or electronic comments and requests for a public hearing by March 5, 2010 [TEXT] In the Rules and Regulations section of the Jan. 4, 2010 Federal Register, the Internal Revenue Service issues temporary regulations that provide updated guidance affecting tax return preparers regarding the use of information related to lists for solicitation of tax return business; the disclosure or use of statistical compilations of data under Section 7216 of the Internal Revenue Code by a tax return preparer in connection with, or in support of, a tax return preparer's tax return preparation business, including identification of additional limited circumstances when a tax return preparer who compiles statistical information may disclose the compilation without taxpayer consent, and the placement of additional restrictions on the content of the compilation that may be disclosed under those circumstances without taxpayer consent; and the disclosure or use of information for the purpose of performing conflict reviews. The text of those temporary regulations also serves as the text of these proposed regulations. This action invites comments from the public on these regulations. ------

NATIONAL SECURITY:

HOMELAND SECURITY (DHS)

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) Suspension of community eligibility: Final rule, published Jan. 4, 2010, 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, scheduled for suspension on the effective dates listed within the linked document due to noncompliance with the floodplain management requirements of the program. If the agency receives documentation that a community has adopted the required floodplain management measures prior to the effective suspension date given in the linked document, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. ------

TRANSPORTATION

TRANSPORTATION (DOT)

FEDERAL AVIATION ADMINISTRATION (FAA)

Establishment of Class E airspace, Spencer, West Virginia: Direct final rule, confirmation of effective date, published Jan. 4, 2010, effective 0901 UTC, Dec. 17, 2009 [TEXT] The Federal Aviation Administration confirms the effective date of a direct final rule published in the Federal Register that establishes Class E airspace at Spencer, W.Va. This action enhances the safety and airspace management of Boggs Field Airport.

Modification of Class D and E airspace, Albemarle, North Carolina: Direct final rule, confirmation of effective date; correction, published Jan. 4, 2010, effective 0901 UTC, Feb. 11, 2010 [TEXT] The Federal Aviation Administration confirms the effective date of a direct final rule published in the May 6, 2009 Federal Register that modifies Class D and Class E airspace at Stanly County Airport, Albemarle, N.C. This action also corrects the True bearing used in the Class D airspace description that was stated incorrectly.

Modification of Class E airspace, Beckley, West Virginia: Direct final rule, confirmation of effective date, published Jan. 4, 2010, effective 0901 UTC, Dec. 17, 2009 [TEXT] The Federal Aviation Administration confirms the effective date of a direct final rule published in the Federal Register that modifies Class E airspace at Beckley, W.Va. This rule increases the safety and management of the aircraft operations at Raleigh County Memorial Airport. Modification of Class E airspace, Sarasota, Florida: Direct final rule, confirmation of effective date, published Jan. 4, 2010, effective 0901 UTC, Dec. 17, 2009 [TEXT] The Federal Aviation Administration confirms the effective date of a direct final rule published in the Federal Register that modifies the Class E airspace at Sarasota, Fla. This rule increases the safety and management of the aircraft operations at Sarasota/Bradenton International Airport.

Special conditions, Airbus Model A318–112 airplane (S/N 3886), certification of a cooktop: Final special conditions, published Jan. 4, 2010, effective Dec. 23, 2009, comments by Feb. 18, 2010 [TEXT] The Federal Aviation Administration issues these special conditions for Airbus Model A318-112 to establish a level of safety equivalent to that established by the existing airworthiness standards. This airplane, as modified by Bizjet, a Lufthansa Technik Company, will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. The modification consists of installing an electrically heated surface, called a cooktop.

Special conditions, Airbus Model A330 series airplanes, seats with non-traditional, large, non-metallic panels: Final special conditions, published Jan. 4, 2010, effective Dec. 28, 2009, comments by Feb. 18, 2010 [TEXT] The Federal Aviation Administration issues these special conditions for Airbus Model A330 series airplanes to establish a level of safety equivalent to that established by the existing airworthiness standards. These airplanes will have a novel or unusual design feature(s) associated with seats that include non-traditional, large, non- metallic panels that would affect survivability during a post-crash fire event.

Special conditions, Airbus Model A340 series airplanes, seats with non-traditional, large, non-metallic panels: Final special conditions, published Jan. 4, 2010, effective Dec. 28, 2009, comments by Feb. 18, 2010 [TEXT] The Federal Aviation Administration issues these special conditions for Airbus Model A340 series airplanes to establish a level of safety equivalent to that established by the existing airworthiness standards. These airplanes will have a novel or unusual design feature(s) associated with seats that include non-traditional, large, non- metallic panels that would affect survivability during a post-crash fire event.

Special conditions, Boeing Model 757 series airplanes, seats with non-traditional, large, non-metallic panels: Final special conditions, published Jan. 4, 2010, effective Dec. 18, 2009, comments by Feb. 18, 2010 [TEXT] The Federal Aviation Administration issues these special conditions for Boeing Model 757 series airplanes to establish a level of safety equivalent to that established by the existing airworthiness standards. These airplanes, as modified by Continental Airlines, Inc., will have a novel or unusual design feature associated with seats that include non-traditional, large, non-metallic panels that would affect survivability during a post-crash fire event. ------

FEDERAL HIGHWAY ADMINISTRATION (FHWA)

Discontinuance of Form (FHWA–47): Final rule, published Jan. 4, 2010, effective Feb. 3, 2010 [TEXT] The Federal Highway Administration eliminates regulations which require contractors on National Highway System projects of $1 million or more to submit Form FHWA- 47. Since the FHWA no longer uses this information, the FHWA eliminates this reporting requirement. ------

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)

Hazardous materials, revision to requirements for the transportation of batteries and battery-powered devices, and harmonization with the United Nations recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's technical instructions, correction: Final rule corrections, published Jan. 4, 2010, effective Jan. 4, 2010, applicable Jan. 1, 2010 [TEXT] On Jan. 14, 2009, the Pipeline and Hazardous Materials Safety Administration amended the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. The revisions were to harmonize the HMR with recent changes to the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Maritime Dangerous Goods Code, Transport Canada's Transportation of Dangerous Goods Regulations, and the United Nations Recommendations on the Transport of Dangerous Goods. These revisions also included amendments and clarifications addressing the safe transportation of batteries and battery-powered devices. This final rule corrects several errors in the Jan. 14, 2009 final rule.

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Bombardier, Inc. (Type Certificate Previously Held by Canadair) Model CL–600–2B16 (CL–604) airplanes: Notice of proposed rulemaking, published Jan. 4, 2010, comments by Feb. 18, 2010 [TEXT] PURPOSE: This proposed airworthiness directive (AD) would require actions intended to correct the unsafe condition described in the summary, below.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for Bombardier, Inc. (Type Certificate Previously Held by Canadair) Model CL–600–2B16 (CL–604) airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

Two cases of a crack on a “dry” ADG (Air Driven Generator) (Hamilton Sundstrand part number in the 761339 series) in the aft area of the strut and generator housing assembly, have been reported on CL-600-2B19 aircraft. The same part number is also installed on CL-600-2B16 (CL-604) aircraft. Investigation determined that the crack was in an area of the strut where the wall thickness of the casting was below specification, due to a manufacturing anomaly in a specific batch of ADGs. Structural failure and departure of the ADG during deployment could possibly result in damage to the aircraft structure. If deployment were activated by a dual engine shutdown, ADG structural failure would also result in loss of hydraulics for the flight controls. The unsafe condition is possible loss of control of the airplane.

Airworthiness directives, SOCATA Model TBM 700 airplanes: Notice of proposed rulemaking, published Jan. 4, 2010, comments by Feb. 18, 2010 [TEXT] PURPOSE: This proposed airworthiness directive (AD) would require actions intended to correct the unsafe condition described in the summary, below.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for SOCATA Model TBM 700 airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

It has been discovered that the foam inside the towing bar box is not conformed to the certification specification, and especially the flame resistance properties. In case of fire, in the front baggage compartment, the non conformed foam could rapidly propagate the flames and/or emit toxic fumes in the cabin.

Special conditions, Boeing Model 787–8 airplane, overhead crew rest compartment: Notice of proposed special conditions, published Jan. 4, 2010, comments by Feb. 18, 2010 [TEXT] Federal Aviation Administration proposes special conditions for the Boeing Model 787-8 airplane to establish a level of safety equivalent to that established by the existing airworthiness standards. This airplane will have novel or unusual design features associated with installation of an overhead crew rest compartment. Additional special conditions will be issued for other novel or unusual design features of the Boeing Model 787-8 airplanes.

Special conditions, Boeing Model 787–8 airplane, overhead flightcrew rest compartment occupiable during taxi, take-off, and landing: Notice of proposed special conditions, published Jan. 4, 2010, comments by Feb. 18, 2010 [TEXT] The Federal Aviation Administration proposes special conditions for the Boeing Model 787-8 airplane to establish a level of safety equivalent to that established by the existing airworthiness standards. This airplane will have novel or unusual design features associated with an overhead flightcrew rest compartment, which is proposed to be occupiable during taxi, take-off, and landing. Additional special conditions will be issued for other novel or unusual design features of the Boeing Model 787-8 airplanes. ------