COURTHOUSE NEWS SERVICE
Federal Regulation Brief July 26, 2012
AGRICULTURE:
AGRICULTURE (USDA)
NEWLY PUBLISHED REGULATIONS
AGRICULTURAL MARKETING SERVICE (AMS)
Tomatoes grown in Florida, increased assessment rate: Final rule, published July 26, 2012, effective July 27, 2012 Text The Agricultural Marketing Service increases the assessment rate for the Florida Tomato Committee for the 2011-12 and subsequent fiscal periods from $0.0275 to $0.037 per 25-pound carton of tomatoes handled.
PROPOSED REGULATIONS
RURAL UTILITIES SERVICE (RUS)
Energy Efficiency and Conservation Loan Program: Notice of proposed rulemaking, published July 26, 2012, comments by Sept. 24, 2012 Text The Rural Utilities Service proposes policies and procedures for loan and guarantees financial assistance in support of energy efficiency programs sponsored and implemented by electric utilities for the benefit of rural persons in their service territory. This notice proposes changes to RUS regulations on General and Pre-Loan Policies and Procedures Common to Electric Loans and Guarantees, and conforming amendments to additional RUS regulations. Under Section two of the Rural Electric Act, the RUS is authorized to assist electric borrowers in implementing demand side management, energy efficiency and conservation programs, and on-grid and off-grid renewable energy systems. ------
COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
INDUSTRY AND SECURITY BUREAU (BIS)
The Commerce Control List: Correction, published July 26, 2012 Text The Bureau of Industry and Security makes editorial corrections to 15 CFR Part 774, Supplement No. 1. ------
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)
Expansion of Fagatele Bay National Marine Sanctuary, regulatory changes, and sanctuary name change: Final rule, published July 26, 2012, announcement of effective date to be published after a Congressional review period Text The National Oceanic and Atmospheric Administration changes the name of the Fagatele Bay National Marine Sanctuary to the National Marine Sanctuary of American Samoa, and adds five additional discrete geographical areas to the sanctuary. The NOAA also amends existing sanctuary regulations and applies these regulations to activities in the sanctuary.
Western Pacific pelagic fisheries, revised swordfish trip limits in the Hawaii deep-set longline fishery: Final rule, published July 26, 2012, effective Aug. 27, 2012 Text To reduce regulatory discards and optimize the yield of swordfish, the National Marine Fisheries Service revises the limits on the number of swordfish fishermen may possess or land during any given Hawaii-based deep-set longline-fishing trip north of the Equator, and revises the definition of deep-set longline fishing to be consistent with the swordfish retention limits.
PROPOSED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)
Confidentiality of information, Magnuson-Stevens Fishery Conservation and Management Reauthorization Act: Proposed rule, extension of public comment period, correction, published July 26, 2012, comments by Oct. 21, 2012 Text The National Marine Fisheries Service further extends the public comment date for proposed regulation revisions regarding the confidentiality of information submitted in compliance with any requirement or regulation under the Magnuson-Stevens Fishery Conservation and Management Act.
U.S. PATENT AND TRADEMARK OFFICE (USPTO)
Changes to implement the first inventor to file provisions of the Leahy-Smith America Invents Act: Notice of proposed rulemaking, published July 26, 2012, comments by Oct. 5, 2012 Text The U.S. Patent and Trademark Office proposes to amend the rules of practice in patent cases to implement the changes to the conditions of patentability in the Leahy-Smith America Invents Act, and to eliminate the provisions regarding statutory invention registrations. The act amends the patent laws regarding the conditions of patentability to convert the U.S. patent system from a “first to invent” system to a “first inventor to file” system, and treats U.S. patents and U.S. patent application publications as prior art as of their earliest effective U.S., foreign or international filing date. The act further eliminates the requirement that a prior public use or sale be “in this country” to be a prior art activity, and treats commonly owned or joint research agreement patents and patent application publications as being by the same inventive entity for novelty, as well as non-obviousness.
Examination guidelines for implementing the first inventor to file provisions of the Leahy-Smith America Invents Act: Request for comments, published July 26, 2012, written comments by Oct. 5, 2012 Text The U.S. Patent and Trademark Office publishes proposed examination guidelines concerning the first inventor to file provisions of the Leahy-Smith America Invents Act. The act amends the patent laws regarding the conditions of patentability to convert the U.S. patent system from a “first to invent” system to a “first inventor to file” system, treats U.S. patents and U.S. patent application publications as prior art as of their earliest effective U.S., foreign or international filing date, eliminates the requirement that a prior public use or sale activity be “in this country” to be a prior art activity, and treats commonly owned or joint research agreement patents and patent application publications as being by the same inventive entity for novelty, as well as non-obviousness. The changes to the conditions of patentability in the act result in greater transparency, objectivity, predictability and simplicity in patentability determinations. These guidelines are to assist the USPTO’s personnel in the first inventor to file provisions of the act, and inform the public of how the agency is implementing the provisions. The USPTO concurrently proposes, in a separate action, to amend the rules of practice in patent cases to implement the first inventor to file provisions of the act. ------COMMUNICATION (FCC)
PROPOSED REGULATIONS
Wireline Competition Bureau, Rural Health Care reform proceeding: Proposed rule, published July 26, 2012, comments by Aug. 23, 2012, reply comments by Sept. 7 2012 Text The Federal Communications Commission’s Wireline Competition Bureau requests further public comments to expand its record in the pending Rural Health Care reform rulemaking proceeding, and to facilitate the development of an efficient permanent program to help health care providers use broadband to make health care better, more widely available, and less expensive for patients in rural areas. ------
EMPLOYMENT
LABOR (DOL) NEWLY PUBLISHED REGULATIONS
MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)
Examinations of work areas in underground coal mines for violations of mandatory health or safety standards: Notice of OMB July 17, 2012 approval of information collection requirements, published July 26, 2012, current expiration date for OMB authorization for this information collection is July 31, 2015, final rule effective Aug. 6, 2012 Text The Mine Safety and Health Administration describes the effectiveness of information collection requirements contained in the final rule on Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards. ------
ENVIRONMENT, ENERGY & RESOURCES:
ENERGY (DOE)
NEWLY PUBLISHED REGULATIONS
FEDERAL ENERGY REGULATORY COMMISSION (FERC)
Standards for business practices of interstate natural gas pipelines: Final rule, published July 26, 2012, effective Aug. 27, 2012 Text The Federal Energy Regulatory Commission amends its regulations to incorporate by reference the latest version (Version 2.0) of certain business practice standards adopted by the Wholesale Gas Quadrant of the North American Energy Standards Board (NAESB) applicable to natural gas pipelines. Also, based on the minor corrections and errors made by the NAESB and reported to the FERC May 4, 2012, the FERC will incorporate by reference certain standards that it earlier proposed not to incorporate, as the revised standards no longer conflict with FERC regulations. The FERC also provides guidance on the criteria it will use in deciding whether to grant or deny requests for waivers or extensions of time and modifies the compliance filing requirements to add transparency as to where in the tariff incorporated standards may be found. ------
DEPARTMENT OF THE INTERIOR (DOI)
PROPOSED REGULATIONS
Acquisition regulations, Buy Indian Act, procedures for contracting: Proposed rule, published July 26, 2012, comments by Sept. 24, 2012, tribal consultation meetings Aug.14, 2012, 8 a.m. to noon, Aug. 15, 2012, 3 p.m. to 6 p.m., Aug. 21, 2012, 8 a.m. to noon, and Aug. 23, 2012, 8 a.m. to noon Text The Department of the Interior proposes to issue regulations guiding implementation of the Buy Indian Act, which provides the Bureau of Indian Affairs with authority to set aside procurement contracts for Indian-owned and controlled businesses. This rule supplements the Federal Acquisition Regulation and the Department of the Interior Acquisition Regulations.
FISH AND WILDLIFE SERVICE (USFWS)
Endangered and threatened wildlife and plants, designation of critical habitat for the Lost River sucker and shortnose sucker: Proposed rule, reopening of comment period, published July 26, 2012, comments received or postmarked by Aug. 27, 2012, electronic comments by 11:59 p.m. Eastern Time Aug. 27, 2012 Text The U.S. Fish and Wildlife Service announces the reopening of the public comment period on the Dec, 7, 2011, proposed designation of critical habitat for the Lost River sucker (Deltistes luxatus) and shortnose sucker (Chasmistes brevirostris) under the Endangered Species Act. The USFWS also announces the availability of a draft economic analysis of the proposed designation of critical habitat for Lost River sucker and shortnose sucker and an amended required determinations section of the proposal.
Endangered and threatened wildlife and plants, 90-day finding on a petition to list the Gila mayfly as endangered: Notice of petition finding and initiation of status review, published July 26, 2012, information by Sept. 24, 2012, electronic comments by 11:59 p.m. Eastern Time Sept. 24, 2012 Text After a 90-day review, the U.S. Fish and Wildlife Service finds that the petition to list the Gila mayfly (Lachlania dencyanna) as endangered under the Endangered Species Act provides substantial information indicating that listing the Gila mayfly may be warranted. The agency now begins a status review, and requests scientific and commercial data on the species.
Endangered status for the diamond darter and designation of critical habitat: Proposed rule, published July 26, 2012, comments received or postmarked by Sept. 24, 2012, electronic comments by 11:59 p.m. Eastern Time Sept. 24, 2012, written requests for public hearings by Sept. 10, 2012 PDF | Text The U.S. Fish and Wildlife Service proposes to list the diamond darter (Crystallaria cincotta) as endangered under the Endangered Species Act and proposes to designate approximately 197.1 river kilometers (122.5 river miles) in Kanawha and Clay Counties, West Virginia, and Edmonson, Hart, and Green Counties, Kentucky as critical habitat for the species. ------
MONEY:
COMMODITY FUTURES TRADING COMMISSION (CFTC) PROPOSED REGULATIONS
Ownership and Control Reports, Forms 102/102S, 40/40S, and 71: Notice of proposed rulemaking, published July 26, 2012, comments by Sept. 24, 2012 PDF | Text The Commodity Futures Trading Commission proposes new rules and related forms to enhance its identification of futures and swap market participants. The proposed rules would leverage the CFTC's existing position and transaction reporting programs by requiring the electronic submission of trader identification and market participant data on amended Forms 102 and 40, and on new Form 71. The proposed rules also incorporate a revised approach to the CFTC's previous initiative to collect ownership and control information, through a dedicated ownership and control report, for trading accounts active on reporting markets that are designated contract markets or swap execution facilities.
Account Ownership and Control Report: Proposed rule withdrawal, published July 26, 2012, effective July 26, 2012 Text The Commodity Futures Trading Commission withdraws its July 19, 2010 Notice of Proposed Rulemaking that proposed to collect certain account ownership and control information for all trading accounts active on U.S. futures exchanges and other reporting entities, and instead pursues the collection of account ownership and control information through a separate proposed rulemaking. ------
TREASURY (USDT)
PROPOSED REGULATIONS
Changes to the in-bond process: Notice of proposed rulemaking, correction, published July 26, 2012, comments by Aug. 27, 2012 Text The U.S. Customs and Border Protection (USCBP) and the Department of the Treasury correct a Feb. 22, 2012 notice that proposed various changes to the in- bond regulations to enhance the agency’s ability to regulate and track in-bond merchandise and to ensure that the in-bond merchandise is properly entered and duties are paid or that the in-bond merchandise is exported. In that action, when the USCBP published a summary of its analysis under the Regulatory Flexibility Act, it erroneously stated that the complete Initial Regulatory Flexibility Analysis (IRFA) was posted on the regulations.gov Web site. Now the summary has been posted. The USCBP requests comments on the conclusion in the notice of proposed rulemaking and the IRFA that the rule may have a significant economic impact on a substantial number of small entities. ------
NATIONAL SECURITY:
DEFENSE (DoD) NEWLY PUBLISHED REGULATIONS
Federal Acquisition Regulation, Federal Acquisition Circular 2005-60, Introduction: Summary presentation of final and interim rules, published July 26, 2012, effective dates and comment dates complex Text The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration summarize the Federal Acquisition Regulation rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council, in Federal Acquisition Circular (FAC) 2005-60. A companion document, the Small Entity Compliance Guide, and FAC 2005-60, are available via the Internet at http://www.regulations.gov.
Federal Acquisition Regulation, Reporting Executive Compensation and First-Tier Subcontract Awards: Final rule, published July 26, 2012, effective Aug. 27, 2012 Text The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration adopt as final, with changes, the interim rule that amends the Federal Acquisition Regulation to implement a section of the Federal Funding Accountability and Transparency Act as amended by a section of the Government Funding Transparency Act, which requires the Office of Management and Budget to establish a free, public Web site containing full disclosure of all federal contract award information. This rule requires contractors to report executive compensation, and first-tier subcontractor awards on contracts of $25,000 or more.
Federal Acquisition Regulation, Payments under Time-and-Materials and Labor-Hour Contracts: Final rule, published July 26, 2012, effective Aug. 27, 2012 Text The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration amend the Federal Acquisition Regulation to accommodate the authorization to use time-and-materials and labor-hour contract payment requirements.
Federal Acquisition Regulation, Extension of Sunset Date for Protests of Task and Delivery Orders: Interim rule, published July 26, 2012, effective July 26, 2012, written comments by Sept. 24, 2012 Text The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration issue an interim rule to amend the Federal Acquisition Regulation to implement sections of the Ike Skelton National Defense Authorization Act, and the National Defense Authorization Act. These statutes extend the sunset date for protests against the award of task or delivery orders from May 27, 2011, to Sept. 30, 2016.
Federal Acquisition Regulations, DARPA-New Mexico Tax Agreement: Final rule, published July 26, 2012, effective Aug. 27, 2012 Text The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration amend the Federal Acquisition Regulation to add the U.S. Defense Advanced Research Projects Agency (DARPA) to the list of agencies that have entered into separate tax agreements with New Mexico. The DARPA-New Mexico tax agreement eliminates the double taxation of government cost-reimbursement contracts when the DARPA’s contractors and their subcontractors purchase tangible personal property to be used in performing services in whole or in part in New Mexico, and for which title to such property passes to the United States upon delivery of the property to the contractor and its subcontractors by the vendor.
Federal Acquisition Regulation, Clarification of Standards for Computer Generation of Forms: Final rule, published July 26, 2012, effective Aug. 27, 2012 Text The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration amend the Federal Acquisition Regulation to remove any reference to Federal Information Processing Standard 161 and codify requirements for standards already in use.
Federal Acquisition Regulation, Technical Amendments: Final rule, published July 26, 2012, effective July 26, 2012 Text The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration make editorial changes to the Federal Acquisition Regulation.
Federal Acquisition Regulation, Federal Acquisition Circular 2005-60, Small Entity Compliance Guide: Small Entity Compliance Guide, published July 26, 2012, effective July 26, 2012 Text The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration issue the Small Entity Compliance Guide under joint authority. The Guide has been prepared in accordance with Section 212 of the Small Business Regulatory Enforcement Fairness Act. It consists of a summary of the rules appearing in Federal Acquisition Circular (FAC) 2005-60, which amends the Federal Acquisition Regulation. Interested parties may obtain further information regarding the Small Entity Compliance Guide and FAC 2005-60, via the Internet at http://www.regulations.gov.
PROPOSED REGULATIONS
Federal Acquisition Regulation, Changes to Time-and-Materials and Labor-Hour Contracts and Orders: Proposed rule, published July 26, 2012, written comments by Sept. 24, 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 provide additional guidance when raising the ceiling price or otherwise changing the scope of work for a time-and-materials or labor-hour contract or order. ------
HOMELAND SECURITY (DHS)
PROPOSED REGULATIONS
COAST GUARD (USCG)
MARPOL Annex I Amendments: Extension of comment period, published July 26, 2012, comments by Sept. 7, 2012 Text The U.S. Coast Guard extends the comment period for the April 9, 2012 notice of proposed rulemaking entitled “MARPOL Annex I Amendments,” for 60 days at the request of industry because the accompanying Regulatory Analysis was omitted from the docket.
U.S. CUSTOMS AND BORDER PROTECTION (USCBP)
Changes to the in-bond process: Notice of proposed rulemaking correction, published July 26, 2012, comments by Aug. 27, 2012, Text The U.S. Customs and Border Protection and the Department of the Treasury correct a Feb. 22, 2012 notice of proposed rulemaking that proposed various changes to the in-bond regulations to enhance the agency’s ability to regulate and track in-bond merchandise and to ensure that the in-bond merchandise is properly entered and duties are paid or that the in-bond merchandise is exported. In that action, when the USCBP published a summary of its analysis under the Regulatory Flexibility Act, it erroneously stated that the complete Initial Regulatory Flexibility Analysis (IRFA) was posted on the regulations.gov Web site. Now the summary has been posted. The USCBP requests comments on the conclusion in the notice of proposed rulemaking and the IRFA that the rule may have a significant economic impact on a substantial number of small entities. ------
TRANSPORTATION
TRANSPORTATION (DOT)
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Eurocopter France helicopters: Notice of proposed rulemaking, published July 26, 2012, comments by Sept. 24, 2012 Text PURPOSE: This proposed airworthiness directive (AD) is prompted by a recognition that certain AERAZUR emergency flotation gear container assemblies with an intended operating limitation of 10 years installed in Eurocopter France (Eurocopter) Model AS350BA helicopters may not have been replaced because the limit is no longer recorded in the Maintenance Program. This proposed AD requires actions intended to prevent failure of the emergency container assembly due to age and subsequent damage to the helicopter and injury to the occupants after an emergency water landing.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for Eurocopter Model AS350BA helicopters with certain AERAZUR emergency flotation gear container assemblies installed. This proposed AD would require replacing each affected emergency flotation gear container assembly at specified time limits based on the date of manufacture.
Airworthiness directives, Eurocopter Deutschland GmbH Model MBB-BK 117 C-2 helicopters: Notice of proposed rulemaking, published July 26, 2012, comments by Sept. 24, 2012 PDF | Text PURPOSE: This proposed airworthiness directive (AD) is prompted by the discovery that some Eurocopter Deutschland GmbH Model MBB-BK 117 C-2 helicopters have blind rivets installed in the place of solid rivets in the long tail rotor drive shaft. This proposed AD requires actions intended to detect blind rivets installed in the long tail rotor drive shaft, which could lead to failure of the tail rotor drive shaft and subsequent loss of control of the helicopter.
SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for the Eurocopter Model MBB-BK 117 C-2 helicopters.
Airworthiness directives, Eurocopter France Model EC130 B4 helicopters: Notice of proposed rulemaking, published July 26, 2012, comments by Sept. 24, 2012 Text PURPOSE: This proposed airworthiness directive (AD) is prompted by a crack and failure of a cabin vibration damper blade in Eurocopter France (Eurocopter) Model EC130 B4 helicopters with a cabin vibration damper installed. This proposed AD requires actions intended to modify the cabin vibration damper assembly to prevent contact with the flight controls in the event of a cabin vibration blade failure, jamming of a flight control, and subsequent loss of control of the helicopter.
SUMMARY: The Federal Aviation Administration s to adopt a new AD for Eurocopter Model EC130 B4 helicopters with a cabin vibration damper installed. ------