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COURTHOUSE NEWS SERVICE
Federal Regulation Brief

June 10, 2010


COMMERCE:
COMMUNICATION (FCC)
PROPOSED REGULATIONS
Schools and libraries universal service support mechanism: Proposed rule, published June 9, 2010, comments by July 9, 2010, reply comments by July 26, 2010, written Paperwork Reduction Act comments by Aug. 9, 2010

[TEXT]

The Federal Communications Commission addresses matters related to the eligibility of products and services under the schools and libraries universal service support mechanism, also known as the E-rate program. Specifically, in this further notice of proposed rulemaking, the agency proposes that the following services should not be eligible for funding under the E-rate program: separately priced firewall services, anti-virus/anti-spam software, scheduling services, wireless internet access applications and web hosting. The agency proposes to revise its rules to establish that the agency should not be required to list individual products and services (e.g., voice mail) in the rules, but that such products and services will be listed in the Eligible Services List (ESL). The agency proposes to require the Universal Service Administrative Company to submit any proposed changes to the ESL to the agency no later than March 30th of each year. Finally, the agency proposes to eliminate the requirement that the ESL be released by public notice.

Schools and libraries universal service support mechanism, a national broadband plan for our future: Notice of proposed rulemaking, published June 9, 2010, comments by July 9, 2010, reply comments by July 26, 2010, written Paperwork Reduction Act comments by Aug. 9, 2010

[TEXT]

The Federal Communications Commission seeks comment on several potential reforms that would cut red tape by eliminating rules that have not effectively served their purpose, while continuing to protect against waste, fraud and abuse. In addition, the agency seeks comment on how to provide stability and certainty for the funding of internal connections required to deliver higher bandwidth services to the classroom and how to expand access to funding for internal connections for schools and libraries serving impoverished populations. Finally, the agency seeks comment on indexing the funding cap to inflation, which would make additional funding available to support current and new services to deliver the full benefits of the Internet to all.

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ENVIRONMENT, ENERGY & RESOURCES:
ENERGY (DOE)
NEWLY PUBLISHED REGULATIONS
FEDERAL ENERGY REGULATORY COMMISSION (FERC)

 

Delegations to Office of Energy Policy and Innovation: Final rule, published June 9, 2010, effective June 9, 2010



[TEXT]  

The Federal Energy Regulatory Commission revises its regulations to delegate authority to the newly established Office of Energy Policy and Innovation to allow that office to process routine, non-controversial matters efficiently.



PROPOSED REGULATIONS
Acquisition Regulation, agency supplementary regulations: Notice of proposed rulemaking, published June 9, 2010, written comments by close of business July 9, 2010

[TEXT]  

The Department of Energy proposes to amend its Acquisition Regulation on its Management and Operating Contracts to make changes to conform to the Federal Acquisition Regulation, remove out-of-date coverage, and update references. This proposed rule does not alter substantive rights or obligations under current law.

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ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
2006 National Ambient Air Quality Standards for fine particulate matter, finding of failure to submit Section 110 state implementation plans for interstate transport: Final rule, published June 9, 2010, effective July 9, 2010

[TEXT]  

The Environmental Protection Agency makes a finding that 29 states have failed to submit State Implementation Plans to satisfy the attainment and maintenance interstate transport requirements of the Clean Air Act regarding the 2006 24-hour National Ambient Air Quality Standards for fine particulate matte. Under the Act, states are required to submit plans that satisfy the requirements of the CAA related to interstate transport of pollution. The Act requires that states submit SIPs to meet the applicable requirements of the CAA within 3 years after the promulgation of a new or revised NAAQS. On Sept. 21, 2006, the EPA issued a final rule establishing new standards for the 24-hour PM2.5 NAAQS. The EPA makes a finding of failure to submit these SIPs creating a 2-year deadline for the substitution of a Federal Implementation Plan by the EPA unless, prior to that deadline, a state makes a submission to meet these two requirements of the Act and the EPA approves the submission.



PROPOSED REGULATIONS
National emission standards for hazardous air pollutants for major sources, Industrial, Commercial, and Institutional Boilers and process heaters, national emission standards for hazardous air pollutants for area sources, Industrial, Commercial, and Institutional Boilers, standards of performance for new stationary sources and emission guidelines for existing sources, Commercial and Industrial Solid Waste Incineration Units, Identification of Non-Hazardous Secondary Materials That Are Solid Waste: Notice of public hearings and extension of public comment

Period, published June 9, 2010, comments by Aug. 3, 2010, public hearing information complex



[TEXT]  

On April 29, 2010, the Environmental Protection Agency Administrator signed proposed emission standards for source categories: Industrial, Commercial, and Institutional Boilers and Process Heaters at major sources; Industrial, Commercial, and Institutional Boilers at area sources; and Commercial and Industrial Solid Waste Incineration Units. On the same date, the Administrator also signed a proposal entitled “Identification of Non-Hazardous Secondary Materials That Are Solid Waste.” The EPA has received a request to schedule additional public hearings for these four related rulemakings. The EPA grants the request and extends the deadline for written comments.

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DEPARTMENT OF THE INTERIOR (DOI)
PROPOSED REGULATIONS

 

FISH AND WILDLIFE SERVICE (USFWS)


Endangered and threatened wildlife and plants, 90-day finding on a petition to list van Rossems gull–billed tern as endangered or threatened: Notice of petition finding and initiation of status review, published June 9, 2010, information by Aug. 9, 2010

[TEXT]  

After a 90-day review, the U.S. Fish and Wildlife Service announces that a petition to list van Rossem's gull-billed tern (Gelochelidon nilotica vanrossemi) as threatened or endangered under the Endangered Species Act provides substantial scientific or commercial information indicating that listing this subspecies may be warranted. The agency now begins a status review, and requests scientific and commercial data on the species. If listing is warranted, the agency will make a determination on critical habitat.

Endangered and threatened wildlife and plants, establishment of a nonessential experimental population of Sonoran pronghorn in southwestern Arizona: Proposed rule, reopening of the public comment period, published June 9, 2010, comments and information by July 9, 2010

[TEXT]  

The U.S. Fish and Wildlife Service announces the reopening of the public comment period on its Feb. 4, 2010, proposed rule to reestablish the Sonoran pronghorn (Antilocapra americana sonoriensis) in southwestern Arizona. The agency proposed to reestablish the Sonoran pronghorn under Section 10(j) of the Endangered

Species Act, and to classify that reestablished population as a nonessential experimental population (NEP). The proposed rule provided a plan for establishing the NEP and provided for allowable legal incidental taking of Sonoran pronghorn within the defined NEP area. A draft environmental assessment on this proposed action was also made available for comment. This action will provide all interested parties with an additional opportunity to submit comments on the proposed rule to reestablish Sonoran pronghorn into southwest Arizona and its accompanying draft environmental assessment. Previously submitted information will be considered.

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HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
NEWLY PUBLISHED REGULATIONS
FOOD AND DRUG ADMINISTRATION (FDA)

 

Change of contact information: Final rule, technical amendment, published June 9, 2010, effective June 11, 2010



[TEXT]  

The Food and Drug Administration amends its regulations to reflect changes in the contact information for the FDA Emergency Call Center.

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MONEY:
TREASURY (USDT)
NEWLY PUBLISHED REGULATIONS
INTERNAL REVENUE SERVICE (IRS)

 

Contributed property: Final regulations, published June 9, 2010, effective June 9, 2010, applicable for taxable years beginning after June 9, 2010



[TEXT]  

The Internal Revenue Service issues final regulations under Section 704(c) of the Internal Revenue Code providing that the Section 704(c) anti-abuse rule takes into account the tax liabilities of both the partners in a partnership and certain direct and indirect owners of such partners. These final regulations further provide that a Section 704(c) allocation method cannot be used to achieve tax results inconsistent with the intent of subchapter K of the Code. The final regulations affect partnerships and their partners.

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NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
Revision of Department of Homeland Security Acquisition Regulation, Restrictions on Foreign Acquisition (HSAR Case 2009–004): Affirmation of interim rule as final rule, published June 9, 2010, effective June 9, 2010

[TEXT]

The Department of Homeland Security adopts an interim rule as final, without change, to implement a statute limiting the acquisition of products containing textiles from sources outside the United States.

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COAST GUARD (USCG)
Drawbridge operation regulation, Newark Bay, New Jersey, maintenance: Notice of temporary deviation from regulations, published June 9, 2010, effective 9 a.m. June 14 to 2 p.m. July 26, 2010

[TEXT]

The U.S. Coast Guard issues a temporary change in the regulation for the operation of the Lehigh Valley Bridge across Newark Bay, mile 4.3, at Newark, N.J. This deviation allows the bridge to remain in the closed position on seven nonconsecutive days to facilitate scheduled maintenance.

Safety zones, annual fireworks events in the Captain of the Port Detroit zone: Final rule, published June 9, 2010, effective June 9, 2010

[TEXT]

The U.S. Coast Guard amends rule 33 CFR 165.941, establishing safety zones for annual fireworks events in the Captain of the Port Detroit area of responsibility. This rule adds safety zones for fireworks events.

Safety zones, Milwaukee Air and Water Show, Lake Michigan, Milwaukee, Wisconsin: Temporary final rule, published June 9, 2010, effective 12:01 a.m. June 10 to 11:59 p.m. June 13, 2010

[TEXT]

The U.S. Coast Guard establishes a safety zone on Lake Michigan near Bradford Beach in Milwaukee, Wis. This zone is to restrict vessels from a part of Lake Michigan due to a large-scale air show and a fireworks display.

Special local regulations, Hydroplane Exhibition, Detroit River, Detroit, Michigan: Temporary final rule, published June 9, 2010, effective 3 p.m. June 18 to 5 p.m. June 20, 2010

[TEXT]

The U.S. Coast Guard enforces a temporary special local regulation on the Detroit River, Detroit, Mich. June 18 to June 20, 2010. This special local regulation is to restrict vessels from parts of the Detroit River during the Hydroplane Exhibition.



PROPOSED REGULATIONS
Revision of Department of Homeland Security Acquisition Regulation, Limitations on Subcontracting in Emergency Acquisitions (HSAR Case 2009–005): Proposed rule, published June 9, 2010, comments by Aug. 9, 2010

[TEXT]

The Department of Homeland Security proposes to amend its Homeland Security Acquisition Regulation to implement a statutory requirement limiting the use of subcontractors on cost-reimbursement type contracts entered into by the agency to facilitate the response to or recovery from a natural disaster or act of terrorism or other man-made disaster.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
Proposed flood elevation determinations: Proposed rule, published June 9, 2010, comments by Sept. 7, 2010

[TEXT]

The Federal Emergency Management Agency requests comments on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table in the linked document. The agency seeks general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table in the linked document. The BFEs and modified BFEs are a part of the floodplain management measures that each community is required either to adopt or to show evidence of having in effect to qualify or remain qualified for participation in the National Flood Insurance Program. In addition, these elevations, once finalized, are used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.

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TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)

 

Airworthiness directives, General Electric Co. CF6–45 and CF6–50 series turbofan engines: Final rule, published June 9, 2010, effective June 24, 2010, comments by Aug. 9, 2010



[TEXT]  

PURPOSE: This airworthiness directive (AD) results from reports received of two additional low-pressure turbine rotor stage 3 disk events in General Electric Company CF6-45 and CF6-50 series turbofan engines with certain low-pressure turbine rotor stage 3 disks installed. This AD requires actions intended to prevent critical life-limited rotating engine part failure, which could result in an uncontained engine failure and damage to the airplane.


SUMMARY: The Federal Aviation Administration supersedes an existing AD that required initial and repetitive borescope inspections of the high-pressure turbine rotor stage 1 and stage 2 blades for wear and damage, including excessive airfoil material loss. That AD also required fluorescent penetrant inspection of the disk under certain conditions and removal of the disk from service before further flight if it is found cracked. This AD requires the same inspections with less time in between, and additional borescope inspections. This AD also requires repetitive exhaust gas temperature system checks.

Establishment of Class E Airspace, Quitman, Georgia: Direct final rule, confirmation of effective date, published June 9, 2010, effective 0901 UTC, June 9, 2010



[TEXT]  

The Federal Aviation Administration confirms the effective date of a direct final rule published in the April 1, 2010 Federal Register that establishes Class E Airspace at Quitman Brooks County Airport, Quitman, Ga.

Revocation and establishment of Class E airspace, Nuiqsut, Alaska: Final rule, published June 9, 2010, effective 0901 UTC, July 29, 2010

[TEXT]  

The Federal Aviation Administration removes and establishes Class E airspace on the north slope of Alaska near Nuiqsut, Alaska, to provide controlled airspace to contain aircraft executing special Instrument Approach Procedures at two heliport facilities, Pioneer Heliport Nuiqsut, Alaska, and Oooguruk Island Heliport Nuiqsut, Alaska, both formerly known as Oooguruk Drill Site and Oooguruk Tie-in Helipads, respectively.

Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, miscellaneous amendments, page 32653: Final rule, published June 9, 2010, effective June 9, 2010, compliance dates complex

[TEXT]  

The Federal Aviation Administration establishes, amends, suspends, or revokes Standard Instrument Approach Procedures and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are due to the adoption of new or revised criteria, or due to changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements.

Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, miscellaneous amendments, page 32655: Final rule, published June 9, 2010, effective June 9, 2010, compliance dates complex

[TEXT]  

The Federal Aviation Administration establishes, amends, suspends, or revokes Standard Instrument Approach Procedures and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are due to the adoption of new or revised criteria, or due to changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements.

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VETERANS:
VETERANS (VA)
NEWLY PUBLISHED REGULATIONS
Copayments for medications, page 32668: Final rule, published June 9, 2010, effective June 9, 2010

[TEXT]  

The Department of Veterans Affairs affirms as final an interim final rule that froze through June 30, 2010, the copayment required by the VA regulations for certain outpatient medications. Under those regulations, the copayment amount must be increased based on the prescription drug component of the Medical Consumer Price Index, and the maximum annual copayment amount must be increased when the copayment is increased.

Copayments for medications, page 32670: Interim final rule, published June 9, 2010, effective on July 1, 2010, comments by Aug. 9, 2010

[TEXT]  

The Department of Veterans Affairs amends its medical regulations regarding the copayment required for certain medications. Under current regulations, the copayment amount must be increased based on the prescription drug component of the Medical Consumer Price Index, and the maximum annual copayment amount must be increased when the copayment is increased. Under the amendments in this rule, until Jan. 1, 2012, the VA freezes copayments at the current rate for veterans in the VA's health care system enrollment priority categories 2 through 6 and increases copayments as required by the current regulation only for veterans in priority categories 7 and 8. Thereafter, if the VA does not prescribe a new methodology for increasing copayments, the VA will resume increasing copayments in accordance with any change in the prescription drug component of the Medical Consumer Price Index.

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