COURTHOUSE NEWS SERVICE
Federal Regulation Brief May 12, 2010
COMMERCE:
COMMUNICATION (FCC)
NEWLY PUBLISHED REGULATIONS
High-cost universal service support, Federal–State Joint Board on Universal Service: Final rule, published May 11, 2010, effective June 10, 2010 [TEXT] The Federal Communications Commission defines “sufficient” under Section 254(e) of the Communications Act as an affordable and sustainable amount of support that is adequate, but no greater than necessary, to achieve the goals of the universal service program. The agency finds that rural rates are “reasonably comparable” to urban rates if they fall within a reasonable range of the national average urban rate. The agency concludes, on the basis of undisputed empirical evidence in the record, that the current non-rural high-cost support mechanism comports with the requirements of Section 254. The agency also grants, with modifications, the joint petition filed by the Wyoming Public Service Commission and the Wyoming Office of Consumer Advocate for supplemental high-cost universal service support for rural residential customers of Qwest, Wyoming’s non-rural incumbent local exchange carrier.
PROPOSED REGULATIONS
Cyber Security Certification Program: Proposed rule, published May 11, 2010, comments by July 12, 2010, reply comments by Sept. 8, 2010 [TEXT] The Federal Communications Commission seeks comment on whether it should establish a voluntary program under which participating communications service providers would be certified by the agency or a yet to be determined third party entity for their adherence to a set of cyber security objectives and/or practices. The agency also seeks comment on other actions it should take, if any, to improve cyber security and to improve education on cyber security issues. The agency’s goals in this proceeding are to increase the security of the nation’s broadband infrastructure, promote a culture of more vigilant cyber security among participants in the market for communications services, and offer end users more complete information about their communication service providers’ cyber security practices.
Effects on broadband communications networks of damage to or failure of network equipment: Proposed rule, published May 11, 2010, comments by June 25, 2010, reply comments by July 26, 2010 [TEXT] Consistent with the recommendations of the National Broadband Plan, the Federal Communications Commission seeks comment on the present state of survivability in broadband communications networks and to explore potential measures to reduce network vulnerability to failures in network equipment or severe overload conditions, such as would occur in natural disasters, pandemics and other disasters or events that would restrain ability to communicate. The agency seeks comment broadly on the ability of existing networks to withstand localized or distributed physical damage, including whether there is adequate network redundancy and the extent of survivability of physical enclosures in which network elements are located, and severe overloads. ------
ENVIRONMENT, ENERGY & RESOURCES:
ENERGY (DOE)
NEWLY PUBLISHED REGULATIONS
FEDERAL ENERGY REGULATORY COMMISSION (FERC)
Mandatory reliability standards for calculation of available transfer capability, capacity benefit margins, transmission reliability margins, total transfer capability, and existing transmission commitments and mandatory reliability standards for the bulk-power system: Order on clarification, published May 11, 2010, effective June 10, 2010 [TEXT] The Federal Energy Regulatory Commission grants several requests for clarification of Order No. 729, which approved and directed modification of six Modeling, Data, and Analysis Reliability Standards submitted to the agency for approval by the North American Electric Reliability Corporation, the FERC-certified Electric Reliability Organization for the United States. As discussed in the linked document, the agency clarifies the implementation timeline for these Reliability Standards as well as certain directed modifications. ------
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Approval and promulgation of implementation plans and designation of areas for air quality planning purposes, redesignation of Lake and Porter Counties to attainment for ozone, Indiana: Final rule, published May 11, 2010, effective May 11, 2010 [TEXT] The Environmental Protection Agency takes several related actions affecting Lake and Porter Counties and the state of Indiana for the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). Approval and promulgation of implementation plans and designation of areas for air quality planning purposes, redesignation of the Ohio and Indiana parts of the Cincinnati–Hamilton area to attainment for ozone, Ohio, Indiana: Final rule, published May 11, 2010, effective May 11, 2010 [TEXT] The Environmental Protection Agency approves the requests of Ohio and Indiana to redesignate the Ohio and Indiana parts of the Cincinnati-Hamilton, OH-KY-IN 8-hour ozone nonattainment area, “the Cincinnati-Hamilton area,” to attainment for that standard, because these requests meet the statutory requirements for redesignation under the Clean Air Act. The Ohio Environmental Protection Agency and the Indiana Department of Environmental Management submitted these requests Dec. 14, 2009, and Jan. 21, 2010, respectively. (The EPA will address the Kentucky part of the Cincinnati-Hamilton area in a separate rulemaking action.)
Approvals and promulgations of implementation plans, San Joaquin Valley Unified Air Pollution Control District, New Source Review, state of California: Final rule, published May 11, 2010, effective June 10, 2010 [TEXT] The Environmental Protection Agency takes final action on revisions to the San Joaquin Valley Unified Air Pollution Control District part of the California State Implementation Plan (SIP). Specifically, the EPA takes final action on three amended District rules, one of which was submitted March 7, 2008 and the other two of which were submitted March 17, 2009. Two of the submitted rules reflect revisions to approved District rules that provide for review of new and modified stationary sources (NSR) within the District, and the third reflects revisions to an approved District rule that provides a mechanism by which existing stationary sources may voluntarily limit their operations to avoid the requirement to secure a federally- mandated operating permit.
National Priorities List, National Oil and Hazardous Substance Pollution Contingency Plan: Direct final rule, published May 11, 2010, effective July 12, 2010 unless the Environmental Protection Agency receives adverse comments by June 10, 2010 [TEXT] The Environmental Protection Agency Region II publishes a direct final Notice of Deletion of the Asbestos Dump Superfund Site, in Long Hill Township and Harding Township, N.J., from the National Priorities List (NPL). The NPL, promulgated under Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan. This direct final deletion is published by the EPA with the concurrence of the state of New Jersey, through the N.J. Department of Environmental Protection, because the EPA has determined that all appropriate response actions under the CERCLA, other than operation, maintenance, and five- year reviews, have been completed. However, this deletion does not preclude future actions under Superfund. Regulation of fuels and fuel additives, alternative affirmative defense requirements for ultra-low sulfur diesel and gasoline benzene technical amendment: Direct final rule, published May 11, 2010, effective July 12, 2010 without further notice, unless the Environmental Protection Agency receives adverse comment by June 10, 2010, if requests to speak at a public hearing are received by May 26, 2010, a public hearing will be held [TEXT] [PDF] The Environmental Protection Agency amends the diesel sulfur regulations to allow refiners, importers, distributors, and retailers of highway diesel fuel the option to use an alternative affirmative defense if the agency finds highway diesel fuel samples above the specified sulfur standard at retail facilities. This alternative defense consists of a comprehensive program of quality assurance sampling and testing that would cover all participating companies that produce and/or distribute highway diesel fuel if certain other conditions are met. The sampling and testing program would be carried out by an independent surveyor. The program would be conducted under a survey plan approved by the EPA designed to achieve the same objectives as the current regulatory quality assurance requirement. This rule also amends the gasoline benzene regulations to allow disqualified small refiners the same opportunity to generate gasoline benzene credits as that afforded to non-small refiners.
PROPOSED REGULATIONS
National Priorities List, National Oil and Hazardous Substance Pollution Contingency Plan: Proposed rule, published May 11, 2010, comments by June 10, 2010 [TEXT] The Environmental Protection Agency Region 2 issues a Notice of Intent to Delete the Asbestos Dump Superfund Site in Meyersville, N.J., from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated under Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), is found at Appendix B of 40 CFR Part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the state of New Jersey, through the N.J. Department of Environmental Protection, have determined that all appropriate response actions under the CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.
Regulation of fuels and fuel additives, alternative affirmative defense requirements for ultra-low sulfur diesel and gasoline benzene technical amendment: Proposed rule, published May 11, 2010, comments by June 10, 2010, comments on the information collection provisions to the Office of Management and Budget by June 10, 2010, requests for public hearing by May 26, 2010 [TEXT] The Environmental Protection Agency issues a proposed rule to amend the diesel sulfur regulations to allow refiners, importers, distributors, and retailers of highway diesel fuel the option to use an alternative affirmative defense if the agency finds highway diesel fuel samples above the specified sulfur standard at retail facilities. This rule also proposes to amend the gasoline benzene regulations to allow disqualified small refiners the same opportunity to generate gasoline benzene credits as that afforded to non-small refiners. ------
HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
NEWLY PUBLISHED REGULATIONS
CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)
Medicare Program, payment policies under the Physician Fee Schedule and other revisions to Part B for CY 2010: Final rule corrections, published May 11, 2010, effective Jan. 1, 2010 [TEXT] [PDF] The Centers for Medicare & Medicaid Services correct several technical and typographical errors in the final rule with comment period that appeared in the Nov. 25, 2009 Federal Register entitled “Medicare Program; Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2010; Final Rule”, as well as errors in the Dec. 10, 2009 correction notice to the “Medicare Program; Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2010; Corrections”.
PROPOSED REGULATIONS
HEALTH RESOURCES AND SERVICES ADMINISTRATION (HRSA)
Designation of medically underserved populations and health professions shortage areas, intent to form negotiated rulemaking committee: Notice of intent to form Negotiated Rulemaking Committee, published May 11, 2010, comments, including requests to participate on the committee, by 5 p.m. June 10, 2010 [TEXT] As required by Section 5602 of Public Law 111-148, the Patient Protection and Affordable Care Act, the Health Resources and Services Administration plans to establish a comprehensive methodology and criteria for Designation of Medically Underserved Populations (MUPs) and Primary Care Health Professions Shortage Areas (HPSAs), using a Negotiated Rulemaking process. To do this, the HRSA intends to establish a Negotiated Rulemaking Committee under the Federal Advisory Committee Act. The agency lists several items regarding which it would specifically like input. ------
MONEY:
TREASURY (USDT)
NEWLY PUBLISHED REGULATIONS
FISCAL SERVICE (OFS)
Securities held in TreasuryDirect: Final rule, published May 11, 2010, effective May 15, 2010 [TEXT] TreasuryDirect is an account-based, book-entry, online system for purchasing, holding, and conducting transactions in Treasury securities. This final rule benefits TreasuryDirect customers by simplifying the procedures for advance scheduling of marketable Treasury security purchases, enhancing the process of scheduling reinvestments of marketable Treasury securities, and improving the procedures when the proceeds of the maturing security are insufficient to pay for a new security. ------
INTERNAL REVENUE SERVICE (IRS)
AJCA modifications to the Section 6011 regulations: correcting amendment, published May 11, 2010, effective May 11, 2010, applicable on Aug. 3, 2007 [TEXT] The Internal Revenue Service corrects final regulations published in the Aug. 3, 2007 Federal Register that modify the rules relating to the disclosure of reportable transactions under Section 6011 regarding requirement of statement disclosing participation in certain transactions by taxpayers.
AJCA modifications to the Section 6011 regulations: correction to final regulations, published May 11, 2010, effective May 11, 2010, applicable Aug. 3, 2007 [TEXT] The Internal Revenue Service corrects final regulations published in the Aug. 3, 2007 Federal Register that modify the rules relating to the disclosure of reportable transactions under Section 6011 regarding contact information. ------
NATIONAL SECURITY:
DEFENSE (DoD)
NEWLY PUBLISHED REGULATIONS
ENGINEERS CORPS (USACE)
Danger zone, Pacific Ocean, Naval Base Coronado, Coronado, California: Final rule, published May 11, 2010, effective June 10, 2010 [TEXT] The U.S. Army Corps of Engineers establishes a naval danger zone in the waters of the Pacific Ocean extending offshore from the small arms range at the Naval Base Coronado, in Coronado, San Diego County, Calif. The danger zone provides an appropriate and enforceable zone in which the Navy may conduct small arms test firing to qualify military personnel. ------HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Great Lakes annual marine events, regattas and marine parades: Notice of enforcement of regulation, published May 11, 2010, enforcement dates complex [TEXT] The U.S. Coast Guard enforces the local regulations for annual regattas and marine parades in the Captain of the Port Detroit zone 8 a.m. June 25 to 8 p.m. July 25, 2010. This rule establishes restrictions upon, and controls movement of, vessels in specified areas immediately prior to, during and immediately after regattas or marine parades. During the enforcement periods, no person or vessel may enter the regulated areas without permission of the Captain of the Port.
Safety zone, Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago, Illinois: Temporary interim rule with request for comments, published May 11, 2010, effective May 11, 2010 to March 1, 2011, effective with actual notice for enforcement April 28, 2010, comments by July 12, 2010 [TEXT] The U.S. Coast Guard establishes a temporary safety zone from Brandon Road Lock and Dam to Lake Michigan. This temporary safety zone covers 77 miles of navigable waterways in the Chicago area. This temporary interim rule is to restrict vessels from entering certain segments of the navigable waters of the Des Plaines River, the Chicago Sanitary and Ship Canal, branches of the Chicago River and the Calumet- Saganashkee Channel. This temporary safety zone is to protect the waters, waterway users and vessels from hazards associated with actions designed to control the spread of aquatic nuisance species. Because federal and state agencies may take such actions at any time and in any segment of the waterways covered by this temporary safety zone, this rule provides the Captain of the Port, Sector Lake Michigan, the ability to take targeted and expeditious action to protect vessels and persons from the hazards associated with any federal and state efforts to control aquatic nuisance species.
Safety zone, riser for Deepwater Horizon at Mississippi Canyon 252 Outer Continental Shelf Mobile Offshore Drilling Unit in the Gulf of Mexico: Temporary final rule, published May 11, 2010, effective May 11 to May 26, 2010, effective with actual notice for enforcement April 26, 2010 [TEXT] The U.S. Coast Guard establishes a safety zone around the riser for the Deepwater Horizon, a Mobile Offshore Drilling Unit, at Mississippi Canyon 252 in the Outer Continental Shelf. The safety zone is to protect personnel involved in oil pollution response efforts. Placing a safety zone around the riser is to significantly reduce the threat of collisions, oil spills and releases of natural gas. Oil response efforts are taking place on the water’s surface and subsurface.
Safety zone, underwater cleanup of Copper Canyon, Lake Havasu, Arizona: Temporary final rule, published May 11, 2010, effective 7 a.m. to 11 a.m. June 1, 2010 [TEXT] The U.S. Coast Guard establishes a temporary safety zone on the navigable waters of Lake Havasu in the Copper Canyon for the underwater cleanup of Copper Canyon. Persons and vessels are prohibited from entering into, traveling through or anchoring within this temporary safety zone unless authorized by the Captain of the Port or a designated representative.
PROPOSED REGULATIONS
COAST GUARD (USCG)
Safety zone, Reedville July 4th Celebration, Cockrell’s Creek, Reedville, Virginia: Notice of proposed rulemaking, published May 11, 2010, comments by June 1, 2010 [TEXT] The U.S. Coast Guard proposes establishing a temporary safety zone on Cockrell’s Creek near Reedville, Va. for the Reedville July 4th Celebration event. This action is to restrict vessel traffic movement on Cockrell’s Creek to protect mariners from the hazards associated with fireworks displays.
Safety zone, Shore Thing and Independence Day Fireworks, Chesapeake Bay, Norfolk, Virginia: Notice of proposed rulemaking, published May 11, 2010, comments by June 1, 2010 [TEXT] The U.S. Coast Guard proposes establishing a temporary safety zone on the Chesapeake Bay near Ocean View Beach Park, Norfolk, Va. for the Shore Thing & Independence Day Fireworks event. This action is to restrict vessel traffic movement on the Chesapeake Bay to protect mariners from the hazards associated with fireworks displays.
Special local regulation for marine events, Mattaponi River, Wakema, Virginia: Notice of proposed rulemaking, published May 11, 2010, comments by June 10, 2010 [TEXT] The U.S. Coast Guard proposes to establish special local regulations during the Mattaponi Madness Drag Boat Event, a series of power boat races to be held on the waters of the Mattaponi River, near Wakema, Va. This action is to restrict vessel traffic during the power boat races in a segment of the Mattaponi River that flows along the border of King William County and King and Queen County near Wakema, Va. ------
TRANSPORTATION
TRANSPORTATION (DOT)
PROPOSED REGULATIONS
Procedures for transportation workplace drug and alcohol testing programs: Notice of proposed rulemaking, published May 11, 2010, comments by May 26, 2010 [TEXT] The Department of Transportation proposes only to extend the date for the mandatory use of its recently updated Alcohol Testing Form (ATF) to Jan. 1, 2011. The revised ATF went into effect Feb. 25, 2010 with a mandatory use date of Aug. 1, 2010. After publishing the Feb. 25 revisions, the agency learned that vendors and users of the ATF will not be able to deplete their current supply of ATFs by Aug. 1, 2010. Therefore, to assist the transportation industries and their service agents in their efforts to be economically efficient and more environmentally “green,” the agency seeks public comment to extend the mandatory use date to Jan. 1, 2011.
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Boeing Company Model 737–100 and –200 series airplanes: Proposed rule withdrawal, published May 11, 2010 [TEXT] PURPOSE: Since the issuance of a supplemental NPRM, the Federal Aviation Administration has received revised service information that will significantly change the requirements proposed by the supplemental NPRM. Accordingly, the proposed rule is withdrawn.
SUMMARY: The FAA withdraws a supplemental notice of proposed rulemaking that proposed a new airworthiness directive (AD), applicable to certain Model 737-100 and -200 series airplanes. That action would have superseded an existing AD that requires various inspections for cracks in the outboard chord of the frame at body station (BS) 727 and in the outboard chord of stringer 18A; and repair or replacement of cracked parts. That action also would have added inspections for certain airplanes, revised certain compliance times for all airplanes, and added airplanes to the applicability.
Establishment of Class E airspace, Homestead, Florida: Notice of proposed rulemaking, published May 11, 2010, comments by June 25, 2010 [TEXT] The Federal Aviation Administration proposes to establish Class E airspace at Homestead, Fla., to accommodate additional airspace for the Standard Instrument Approach Procedures developed for Homestead General Aviation Airport.
Establishment of Class E airspace, Williamson, West Virginia: Notice of proposed rulemaking, published May 11, 2010, comments by June 25, 2010 [TEXT] The Federal Aviation Administration proposes to establish Class E airspace at Williamson, W.Va., to accommodate additional airspace for the Standard Instrument Approach Procedures developed for Mingo County Regional.
Proposed revision of Class E airspace, Kulik Lake, Alaska: Notice of proposed rulemaking, published May 11, 2010, comments by June 25, 2010 [TEXT] The Federal Aviation Administration proposes to revise Class E airspace at Kulik Lake, Alaska. This action would correct an error in the legal description of the Kulik Lake airspace description. ------
VETERANS:
VETERANS (VA)
PROPOSED REGULATIONS
Drug and drug-related supply promotion by pharmaceutical company sales representatives at Department of Veterans Affairs facilities: Proposed rule, republication, published May 11, 2010, comments by July 12, 2010 [TEXT] The Department of Veterans Affairs republishes the proposed rule action in the May 5, 2010 Federal Register to provide the address the public needs to submit their comments. In that action, the agency inadvertently omitted the ADDRESSES section for public comments. As a convenience to the public, instead of merely publishing a correction action, the agency republishes the entire proposed rule with the ADDRESSES section and a new 60-day comment period. These are the only two changes made to the proposed rule. The purposes of the proposed rule are to reduce or eliminate any potential for disruption in the patient care environment, manage activities and promotions at VA facilities, and provide sales representatives with a consistent standard of permissible business practice at VA facilities. It would also facilitate mutually beneficial relationships between the VA and such sales representatives. ------