Courthouse News Service s12

COURTHOUSE NEWS SERVICE

Federal Regulation Brief Dec. 22, 2011

COMMERCE:

COMMERCE (DOC)

PROPOSED REGULATIONS

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

Fisheries of the exclusive economic zone off Alaska, Gulf of Alaska, proposed 2012 and 2013 harvest specifications for groundfish: Proposed rule, published Dec. 22, 2011, comments by Jan. 23, 2012 Text The National Marine Fisheries Service proposes 2012 and 2013 harvest specifications, apportionments and Pacific halibut prohibited species catch limits for the groundfish fishery of the Gulf of Alaska to establish harvest limits for groundfish during the 2012 and 2013 fishing years.

Fisheries of the northeastern United States, Atlantic herring fishery, adjustment to the 2012 annual catch limits: Proposed rule, published Dec. 22, 2011, comments by 5 p.m. Eastern Standard Time Jan. 6, 2012 Text The National Marine Fisheries Service proposes to reduce the 2012 annual catch limits for the Atlantic herring fishery to account for catch overages in 2010 and to prevent overfishing.

Magnuson-Stevens Fishery Conservation and Management Act provisions, fisheries of the northeastern United States, northeast multispecies fishery, Amendment 17: Proposed rule, published Dec. 22, 2011, comments by Jan. 23, 2012 Text The National Marine Fisheries Service proposes to implement measures in Amendment 17 to the northeast multispecies fishery management plan to explicitly define and facilitate the effective operation of state-operated permit banks. As proposed in Amendment 17, state-operated permit banks would be allocated an annual catch entitlement and specifically authorized to provide their annual catch entitlement and/or days-at-sea to approved groundfish sectors to enhance the fishing opportunities available to sector members. This action also includes a provision that would allow the agency to issue a days-at-sea credit to a vessel that cancels a fishing trip prior to setting or hauling fishing gear and therefore does not catch or land fish. ------

COMMUNICATION (FCC) PROPOSED REGULATIONS

Local number portability porting interval and validation requirements, telephone number portability: Proposed rule, published Dec. 22, 2011, comments by Jan. 23, 2012, reply comments by Feb. 21, 2012 Text The Federal Communications Commission requests comments on a submission by the North American Numbering Council recommending that a transferring service provider may only require any working telephone number associated with the customer’s account, a positive indication that the new service provider has the authority from the customer and the date the customer gave that authority when the new service provider requests a Customer Service Record. The agency requests comments on whether it should adopt the recommendation as a rule. ------

EMPLOYMENT

LABOR RELATIONS (NLRB)

NEWLY PUBLISHED REGULATIONS

Representation-case procedures: Final rule, published Dec. 22, 2011, effective April 30, 2012 Text The National Labor Relations Board amends regulations for the filing and processing of petitions regarding the representation of employees for collective bargaining with their employer. ------

ENVIRONMENT, ENERGY & RESOURCES:

ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

Approval and promulgation of air quality implementation plans, Delaware, adhesives and sealants rule: Final rule, published Dec. 22, 2011, effective Jan. 23, 2012 Text The Environmental Protection Agency approves a State Implementation Plan (SIP) revision submitted Delaware which adds section 4.0, under Regulation 1141, regarding the control of emissions of volatile organic compounds from the manufacture, sale, use, or application of adhesives, sealants, primers, and solvents.

Approval and promulgation of air quality implementation plans, West Virginia, revised motor vehicle emission budgets for the Charleston, Huntington, Parkersburg, Weirton, and Wheeling 8-hour ozone maintenance areas: Direct final rule, correction, published Dec. 22, 2011, effective Dec. 22, 2011 Text The Environmental Protection Agency corrects an error in the rule language of a direct final rule regarding its approval of the revised motor vehicle emissions budgets for the Charleston, Huntington, Parkersburg, Weirton, and Wheeling 8-hour ozone maintenance areas. The previous rulemaking amended the maintenance plans' 2009 and 2018 motor vehicle emissions budgets submitted by West Virginia.

Revisions to final response to petition from New Jersey regarding SO2: Direct final rule, published Dec. 22, 2011, effective March 21, 2012 without further notice, unless adverse comments are received by Feb. 21, 2012 Text The Environmental Protection Agency amends the preamble and rule text to the Final Response to Petition From New Jersey Regarding SO2 Emissions From the Portland Generating Station published Nov. 7, 2011, to revise minor misstatements. These revisions clarify the EPA's finding that Portland significantly contributes to nonattainment or interferes with maintenance of the 1-hour sulfur dioxide national ambient air quality standard in New Jersey, and not in specific counties within the state. These revisions have no impact on any other provisions of the rule.

PROPOSED REGULATIONS

Approval, and promulgation of air quality implementation plans, Ohio, redesignation of the Ohio part of the Huntington-Ashland Area to attainment of the 1997 annual standard for fine particulate matter: Proposed rule, published Dec. 22, 2011, comments by Jan. 23, 2012 PDF | Text The Environmental Protection Agency proposes to approve Ohio's request to approve the redesignation of the Ohio part of the Huntington-Ashland nonattainment area to attainment of the 1997 annual standard for fine particulate matter (PM2.5). The EPA proposes to approve several additional related actions. The EPA proposes to determine that the entire Huntington-Ashland area continues to attain the 1997 annual PM2.5 standard. The EPA proposes to approve, as revisions to the Ohio State Implementation Plan, the state's plan for maintaining the 1997 annual PM2.5 National Ambient Air Quality Standards through 2022 in the area. The EPA proposes to approve the 2005 emissions inventory for the Ohio part of the Huntington-Ashland area as meeting the comprehensive emissions inventory requirement of the Clean Air Act. Ohio's maintenance plan submission includes an insignificance finding for the mobile source contribution of PM2.5 and nitrogen oxides to Ohio's part of the Huntington-Ashland PM2.5 Area for transportation conformity purposes. The EPA agrees with this finding.

Approval and promulgation of implementation plans and designation of areas for air quality planning purposes, Illinois, redesignation of the Illinois part of the St. Louis, MO-IL area to attainment for the 1997 8-hour ozone standard: Proposed rule, published Dec. 22, 2011, comments by Jan. 23, 2012 Text The Environmental Protection Agency proposes to approve a request from Illinois to redesignate the Illinois part of the St. Louis, MO-IL nonattainment area, (the St. Louis area) to attainment for the 1997 8-hour ozone standard because the request meets the statutory requirements for redesignation under the Clean Air Act (CAA). This proposed approval also involves several related actions. The EPA proposes to approve, as a revision to the Illinois State Implementation Plan, the state's plan for maintaining the 1997 8-hour ozone National Ambient Air Quality Standard through 2025 in the area. The EPA proposes to approve the 2002 emissions inventory, submitted by the IEPA June 21, 2006, and supplemented Sept. 16, 2011, as meeting the comprehensive emissions inventory requirement of the CAA for the Illinois part of the St. Louis area. Finally, the EPA finds adequate and proposes to approve the state's 2008 and 2025 Motor Vehicle Emission Budgets for the Illinois part of the St. Louis area.

Petition from New Jersey regarding SO2 emissions from the Portland Generating Station, revisions to final response to petition from New Jersey regarding SO2: Proposed rule, published Dec. 22, 2011, written comments by Feb. 21, 2012, if requested by Dec. 29, 2011, a public hearing will be held Jan. 11, 2012 Text The Environmental Protection Agency proposes to amend the preamble and regulatory text to the Final Response to Petition From New Jersey Regarding SO2 Emissions From the Portland Generating Station published Nov. 7, 2011, to revise minor misstatements. These revisions clarify the EPA's finding that Portland significantly contributes to nonattainment or interferes with maintenance of the 1- hour sulfur dioxide (SO2) national ambient air quality standard in New Jersey, and not in specific counties within the state. These revisions have no impact on any other provisions of the rule.

Effective date for the water quality standards for Florida's lakes and flowing waters: Proposed rule, published Dec. 22, 2011, comments by Jan. 23, 2012 Text The Environmental Protection Agency proposes to extend the March 6, 2012 effective date of the “Water Quality Standards for the State of Florida's Lakes and Flowing Waters; Final Rule” (inland waters rule) for ninety days to June 4, 2012. The EPA's inland waters rule included an effective date of March 6, 2012 for the entire regulation except for the site-specific alternative criteria provision, which took effect Feb. 4, 2011. This proposal to revise the effective date for the inland waters rule does not affect or change the Feb. 4, 2011 effective date for the site-specific alternative criteria provision. The EPA requests comments on extending the effective date for the inland waters rule. ------

DEPARTMENT OF THE INTERIOR (DOI)

PROPOSED REGULATIONS

NATIONAL INDIAN GAMING COMMISSION (NIGC)

Management contracts-background investigations: Notice of proposed rulemaking, published Dec. 22, 2011, comments by Feb. 21, 2012 Text The National Indian Gaming Commission proposes to amend its regulations to include tribes, wholly owned tribal entities, and national banks already federally regulated or required to undergo a background investigation and licensure by a state or tribe under a tribal-state compact as entities that the Chair may exercise discretion regarding the submission of information and background investigations. This process may provide for a streamlined review for such entities in the background investigation process required for management contracts. The proposed revision may reduce duplication of efforts while maintaining the integrity of agency review. The proposal maintains the Chair's discretion in determining which entities should be allowed to proceed through an expedited background investigation. This amendment has been included in this proposed rule. The agency also considered revising its regulations to clarify that a management contractor should be required to submit background information when the contract is for management of both Class II and Class III gaming activities. Many public comments noted that it was not a necessary revision. The agency agrees with those public comments and does not propose that clarification.

Tribal background investigations and licensing: Notice of proposed rulemaking, published Dec. 22, 2011, comments by Feb. 21, 2012 Text The National Indian Gaming Commission modifies certain regulations regarding background investigations and licenses to reduce the quantity of documents that must be submitted to it; to require that two notifications be submitted to it to comply with the Indian Gaming Regulatory Act; and to establish the requirements for the issuance of temporary and permanent gaming licenses. ------

MONEY:

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)

NEWLY PUBLISHED REGULATIONS

Community Reinvestment Act regulations: Joint final rule, technical amendment, published Dec. 22, 2011, effective Jan. 1, 2012 Text The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation amend their Community Reinvestment Act (CRA) regulations to adjust the asset-size thresholds used to define “small bank” or “small savings association” and “intermediate small bank” or “intermediate small savings association.” As required by the CRA regulations, the adjustment to the threshold amount is based on the annual percentage change in the Consumer Price Index. ------

FEDERAL RESERVE SYSTEM (FRS)

NEWLY PUBLISHED REGULATIONS Community Reinvestment Act regulations: Joint final rule, technical amendment, published Dec. 22, 2011, effective Jan. 1, 2012 Text The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation amend their Community Reinvestment Act (CRA) regulations to adjust the asset-size thresholds used to define “small bank” or “small savings association” and “intermediate small bank” or “intermediate small savings association.” As required by the CRA regulations, the adjustment to the threshold amount is based on the annual percentage change in the Consumer Price Index. ------

TREASURY (USDT)

NEWLY PUBLISHED REGULATIONS

INTERNAL REVENUE SERVICE

Section 482, methods to determine taxable income in connection with a cost sharing arrangement: Final regulations and removal of temporary regulations, published Dec. 22, 2011, effective Dec. 16, 2011, applicability dates complex Text The Internal Revenue Service issues final regulations regarding methods to determine taxable income in connection with a cost sharing arrangement under Section 482 of the Internal Revenue Code. The final regulations address issues that have arisen in administering the current cost sharing regulations. The final regulations affect domestic and foreign entities that enter into cost sharing arrangements described in the final regulations. ------

THE COMPTROLLER OF THE CURRENCY OFFICE

NATIONAL SECURITY:

DEFENSE (DoD) PROPOSED REGULATIONS

Federal Acquisition Regulation, clarification of standards for computer generation of forms: Proposed rule, published Dec. 22, 2011, written comments by Feb. 21, 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 remove any reference to Federal Information Processing Standard 161 and codify requirements for standards already in use. ------

HOMELAND SECURITY (DHS)

NEWLY PUBLISHED REGULATIONS

COAST GUARD (USCG)

Drawbridge operation regulation, New Jersey Intracoastal Waterway, Atlantic City, New Jersey: Final rule, published Dec. 22, 2011, effective Jan. 23, 2012 Text The U.S. Coast Guard changes the regulations for the operation of two New Jersey Department of Transportation bridges, the Route 30/Absecon Boulevard Bridge across Beach Thorofare, New Jersey Intracoastal Waterway mile 67.2 and the US 40- 322 (Albany Avenue) Bridge across Inside Thorofare, New Jersey Intracoastal Waterway mile 70.0, both at Atlantic City, N.J. The change alters the dates that these bridges are allowed to have delayed openings or remain in the closed position to accommodate heavy volumes of vehicular traffic due to the annual July 4th fireworks shows and the annual air show at Bader Field.

Processing of merchant mariner credentials for those mariners not requiring a Transportation Worker Identification Credential: Notice of availability, published Dec. 22, 2011, effective Dec. 22, 2011 Text The U.S. Coast Guard announces the availability of Policy Letter 11-15, which describes steps the agency takes to implement a statutory change in mariner credentialing requirements. This policy letter details the agency’s more relaxed position regarding its Transportation Worker Identification Credential (TWIC) enforcement for mariners who serve on board vessels not required to have a vessel security plan. It also describes policy changes to allow these mariners to acquire and renew a Merchant Mariner Credential without holding a valid TWIC.

Security zones, Captain of the Port Lake Michigan, technical amendment: Final rule, published Dec. 22, 2011, effective Dec. 22, 2011 Text The U.S. Coast Guard revises the contact information for security zones in Sector Lake Michigan because the telephone number and the frequency of VHF Channel 16 were incorrect. PROPOSED REGULATIONS

COAST GUARD (USCG)

Special local regulations, Patriot Challenge Kayak Race, Ashley River, Charleston, South Carolina: Notice of proposed rulemaking, published Dec. 22, 2011, comments and related material by Feb. 10, 2012, public meeting requests by Jan. 18, 2012 Text The U.S. Coast Guard proposes to establish special local regulations on the Ashley River in Charleston, S.C. during the Patriot Challenge Kayak Race April 28, 2012, consisting of a series of moving buffer zones around participant vessels as they travel the Ashley River from Brittlebank Park to Tidewater Reach and back to Brittlebank Park. ------

TRANSPORTATION

TRANSPORTATION (DOT)

PROPOSED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Airbus airplanes: Notice of proposed rulemaking, published Dec. 22, 2011, comments by Feb. 6, 2012 Text PURPOSE: This proposed airworthiness directive (AD) was prompted by a report of a crack in the forward cargo door selector valve pipe in the avionics bay opposite to line replaceable unit racking in Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model C4-605R Variant F airplanes (A300-600 series airplanes), and Model A310 series airplanes. This proposed AD would require replacing a certain aluminum high pressure pipe with a new corrosion resistant stainless steel pipe. This proposed AD would require actions intended to prevent cracking in the forward cargo door selector valve pipe which could impact the 90 VU avionics line replaceable unit, and could result in multiple computer failures, affecting flight safety.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for all Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model C4- 605R Variant F airplanes (A300-600 series airplanes), and Model A310 series airplanes.

Airworthiness directives, Airbus airplanes: Notice of proposed rulemaking, published Dec. 22, 2011, comments by Feb. 6, 2012 Text PURPOSE: This proposed airworthiness directive (AD) was prompted by a report of specific engine failure cases at take-off on Airbus flight simulators for Airbus Model A330-200 and -300 series airplanes, Model A330-223F and -243F airplanes, and Model A340-200, -300, -500, and -600 series airplanes. It has been shown that with flight control primary computer (FCPC)1 inoperative, in worst case scenario, when FCPC2 and FCPC3 resets occur during rotation at take off, a transient loss of elevator control associated with a temporary incorrect flight control law reconfiguration could occur. This proposed AD would require revising the Limitations section of the applicable airplane flight manual. This proposed AD would require actions intended to prevent movement of the elevators to zero position, which could result in inducing a pitch down movement instead of a pitch up movement needed for lift off, resulting in loss of controllability of the airplane.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for all Airbus Model A330-200 and -300 series airplanes, Model A330-223F and -243F airplanes, and Model A340-200, -300, -500, and -600 series airplanes.

Amendment of Class E Airspace, proposed amendment of Class E airspace, Sheridan, Wyoming: Notice of proposed rulemaking, published Dec. 22, 2011, comments by Feb. 6, 2012 Text The Federal Aviation Administration proposes to amend Class E airspace at Sheridan County Airport, Sheridan, Wyo., because the Sheridan Tactical Air Navigation System is being decommissioned.

Proposed establishment of Class E Airspace, Bellefonte, Pennsylvania: Notice of proposed rulemaking, published Dec. 22, 2011, comments by Feb. 6, 2012 Text The Federal Aviation Administration proposes to establish Class E Airspace at Bellefonte, Pa., to accommodate the Area Navigation Global Positioning System Standard Instrument Approach Procedures at Bellefonte Airport. ------