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					COURTHOUSE NEWS SERVICE

                                Federal Regulation Brief
                                    Oct. 18, 2010

COMMERCE:

                                COMMERCE (DOC)

NEWLY PUBLISHED REGULATIONS

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

Fisheries of the exclusive economic zone off Alaska, Pacific cod by vessels catching
for processing by the inshore component in the Western Regulatory Area of the Gulf
of Alaska: Temporary rule, closure, published Oct. 15, 2010, effective 1200 hrs.
Alaska local time Oct. 13 to 2400 hrs. A.l.t. Dec. 31, 2010
[TEXT]
The National Marine Fisheries Service prohibits directed fishing for Pacific cod by
vessels catching Pacific cod for processing by the inshore component in the Western
Regulatory Area of the Gulf of Alaska to prevent exceeding the 2010 Pacific total
allowable catch apportioned to vessels catching Pacific cod for processing by the
inshore component of the Western Regulatory Area of the Gulf of Alaska.
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                             COMMUNICATION (FCC)

NEWLY PUBLISHED REGULATIONS

FM Table of Allotments, Culebra, Puerto Rico, Charlotte Amalie and Christiansted,
Virgin Islands: Final rule, published Oct. 15, 2010, effective Nov. 15, 2010
[TEXT]
The Federal Communications Commission, Audio Division, substitutes channel 237B
for vacant channel 271B at Charlotte Amalie, Virgin Islands to enable Station WNVE-
FM to obtain an authorization on channel 271A at Culebra, Puerto Rico. To facilitate
vacant channel 237B at Charlotte Amalie, the agency substitutes channel 224B for
channel 236B at Christiansted, Virgin Islands. The ultimate permittee of channel
237B at Charlotte Amalie will be required to reimburse the licensee of Station
WJKC(FM), Christiansted, for its reasonable and prudent costs in changing channels
to channel 237B. Additionally, the agency grants the application, File No. BMPH-
20071211AAQ, that requests the substitution of channel 271A for channel 254A at
Culebra.


PROPOSED REGULATIONS

Radio broadcasting services, Willow Creek, California: Proposed rule, published Oct.
15, 2010, comments by Nov. 18, 2010, reply comments by Dec. 3, 2010
[TEXT]
The Federal Communications Commission proposes to amend the FM Table of
Allotments. The agency requests comment on a petition filed by Miriam Media Inc.
proposing the allotment of FM channel 258A at Willow Creek, Calif. The petitioner,
the auction winner and permittee of channel 253A, Willow Creek, has submitted an
application to specify operation of the station on channel 254C1 at Loleta, Calif.
The petitioner proposes the allotment of channel 258A at Willow Creek to maintain a
first local service at that community. The petitioner concedes that the signal contour
of proposed channel 258A at Willow Creek would not provide 70 dBu (decibels
unloaded) city-grade coverage to the entire Census Designated Place of Willow
Creek, but argues that it has demonstrated substantial compliance with Section
73.315(a) of the agency’s rules, and that the proposed allotment would serve the
public interest. Channel 258A can be allotted at Willow Creek in compliance with the
agency’s minimum distance separation requirements at 40-57-29 North Latitude and
123-42-23 West Longitude.
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                      FEDERAL TRADE COMMISSION (FTC)

PROPOSED REGULATIONS

Guides for Use of Environmental Marketing Claims, proposed revisions to guidelines:
Proposed revisions to guidelines, published Oct. 15, 2010, comments by Dec. 10,
2010
[TEXT]
The Federal Trade Commission conducted a comprehensive review of its Guides for
the Use of Environmental Marketing Claims and proposes retaining the guides. After
reviewing the transcripts of three public workshops that explored emerging issues
and the results of its consumer perception research, the agency proposes several
modifications and additions to the guides. These proposed revisions aim to respond
to changes in the marketplace and help marketers avoid making unfair or deceptive
environmental marketing claims. The agency seeks comment on these proposed
revisions and other issues raised in this action.
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EMPLOYMENT

                                   LABOR (DOL)

NEWLY PUBLISHED REGULATIONS

WORKERS COMPENSATION PROGRAMS OFFICE (OWCP)

Technical amendment: Final rule, published Oct. 15, 2010, effective Oct. 15, 2010
[TEXT]
The Department of Labor revises its regulations to reflect the Secretary's delegation
of authority to administer the Longshore and Harbor Workers Compensation Act and
its extensions and the Black Lung Benefits Act to the Director, Office of Workers'
Compensation Programs. This authority previously belonged to the Employment
Standards Administration, which has been dissolved.
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ENVIRONMENT, ENERGY & RESOURCES:

                                    ENERGY (DOE)

PROPOSED REGULATIONS

Fossil fuel-generated energy consumption reduction for new federal buildings and
major renovations of federal buildings: Notice of proposed rulemaking, published
Oct. 15, 2010, public comments by Dec. 14, 2010, the text provides public meeting
and public comment details
[TEXT]
The U.S. Department of Energy implements provisions of the Energy Conservation
and Production Act, as amended by the Energy Independence and Security Act, that
require the DOE to establish revised performance standards for the construction of
all new federal buildings, including commercial buildings, multi-family high-rise
residential buildings and low-rise residential buildings. The provisions in this notice of
proposed rulemaking specifically address the reduction of fossil fuel-generated
energy consumption in new federal buildings and federal buildings undergoing major
renovations.
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                      DEPARTMENT OF THE INTERIOR (DOI)

NEWLY PUBLISHED REGULATIONS

BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION AND ENFORCEMENT
(BOEMRE)

Safety and environmental management systems, oil and gas and sulphur operations
in outer continental shelf: Final rule, published Oct. 15, 2010, effective Nov. 15,
2010
[TEXT] [PDF]
The Bureau of Ocean Energy Management, Regulation and Enforcement establishes a
new subpart under its regulations to require operators to develop and implement
Safety and Environmental Management Systems for oil, gas and sulphur operations
in the Outer Continental Shelf. This rulemaking incorporates in its entirety and
makes mandatory the American Petroleum Institute's Recommended Practice 75,
Development of a Safety and Environmental Management Program for Offshore
Operations and Facilities, with respect to operations and activities under the
jurisdiction of the agency. This final rule applies to all Outer Continental Shelf oil and
gas and sulphur operations and the facilities under agency jurisdiction including
drilling, production, construction, well workover, well completion, well servicing, and
Department of Interior pipeline activities.


PROPOSED REGULATIONS
NATIONAL PARK SERVICE (NPS)

Historic preservation certifications for federal income tax incentives: Proposed rule,
published Oct. 15, 2010, comments by Dec. 14, 2010
[TEXT]
The National Park Service proposes to amend its procedures for obtaining historic
preservation certifications for rehabilitation of historic structures. Individuals and
corporations must obtain these certifications to be eligible for tax credits from the
Internal Revenue Service. This rule: Incorporates references to the revised sections
of the Internal Revenue Code containing the requirements for obtaining a tax credit;
replaces references to the agency’s regional offices with references to its Washington
Area Service Office; requires the agency to accept appeals for denial of certain
certifications; and removes the certification fee schedule from the regulation. The
last two revisions provide an additional avenue for appeals and allow the agency to
update fees by publishing a notice in the Federal Register as administrative costs
change.
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HEALTH:

                      HEALTH AND HUMAN SERVICES (HHS)

NEWLY PUBLISHED REGULATIONS

Countermeasures Injury Compensation Program, administrative implementation:
Interim final rule, published Oct. 15, 2010, effective Oct. 15, 2010, written
comments by Dec. 14, 2010
[TEXT]
The Department of Health and Human Services issues this interim final rule to
establish administrative policies, procedures and requirements for the
Countermeasures Injury Compensation Program. This program is designed to
provide benefits to certain people who sustain serious physical injuries or death as a
direct result of administration or use of covered countermeasures identified by the
HHS in declarations issued under the Public Readiness and Emergency Preparedness
Act. In addition, the HHS may provide death benefits to certain survivors of
individuals who died as the direct result of the covered injuries or their health
complications.
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MONEY:

                                 TREASURY (USDT)

NEWLY PUBLISHED REGULATIONS

Financial Crimes Enforcement Network, amendment to the Bank Secrecy Act
regulations, defining mutual funds as financial institutions: Final rule, extension of
compliance date, published Oct. 15, 2010, effective Oct. 15, 2010, compliance
extended from Jan. 10, 2011 to April 10, 2011
[TEXT]
The Financial Crimes Enforcement Network extends the compliance date for the
provisions in 31 CFR 103.33 that apply to mutual funds. On April 14, the agency
issued a final rule that included mutual funds within the general definition of
“financial institution” in regulations implementing the Bank Secrecy Act. The final
rule subjects mutual funds to 31 CFR 103.33, which requires the creation, retention,
and transmittal of records or information for transmittals of funds. The agency
extends the date on which mutual funds must begin to comply with 31 CFR 103.33
from Jan. 10, 2011 to April 10, 2011.
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INTERNAL REVENUE SERVICE (IRS)

Exclusions from gross income of foreign corporations: Correcting amendment,
published Oct. 15, 2010, effective Oct. 15, 2010, applicable Sept. 17, 2010
[TEXT]
The Internal Revenue Service corrects final regulations published in the Sept.
17, 2010 Federal Register under Section 883(a) and (c) of the Internal Revenue
Code, concerning the exclusion from gross income of income derived by certain
foreign corporations from the international operation of ships or aircraft.
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NATIONAL SECURITY:

                                  DEFENSE (DoD)

NEWLY PUBLISHED REGULATIONS

Civilian Health and Medical Program of the Uniformed Services, inclusion of TRICARE
Retail Pharmacy Program in federal procurement of pharmaceuticals: Final rule,
published Oct. 15, 2010, effective Dec. 27, 2010
[TEXT] [PDF]
Section 703 of the National Defense Authorization Act for Fiscal Year 2008 states
with respect to any prescription filled on or after the date of enactment, the TRICARE
Retail Pharmacy Program will be treated as an element of the Department of Defense
for procurement of drugs by federal agencies under Section 8126 of Title 38, U.S.
Code, to the extent necessary to ensure pharmaceuticals paid for by the agency that
are provided by network retail pharmacies under the program to eligible covered
beneficiaries are subject to the pricing standards in Section 8126. The agency issued
a final rule March 17, 2009 implementing the law. On Nov. 30, 2009, the U.S.
District Court for the District of Columbia remanded the final rule to the agency
(without vacating the rule) for the agency to consider in its discretion whether to
readopt the current iteration of the rule or adopt another approach. The agency
readopts the 2009 final rule, with some revision.
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                          HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS

COAST GUARD (USCG)

Drawbridge operation regulations, Hackensack River, Jersey City, New Jersey: Notice
of temporary deviation from regulations, published Oct. 15, 2010, effective Oct. 15
to Dec. 15, 2010, effective for enforcement with actual notice Oct. 4 to Oct. 15, 2010
[TEXT]
The U.S. Coast Guard issues a temporary change in the regulation for the operation
of the Route 1 & 9 Lincoln Highway Bridge across the Hackensack River, mile 1.8, at
Jersey City, N.J. The deviation allows the bridge owner to require a two-hour
advance notice for openings for two and a half months and several short term bridge
closures to facilitate bridge painting operations.
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FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Suspensions of community eligibility: Final rule, published Oct. 15, 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 later date.
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TRANSPORTATION

                            TRANSPORTATION (DOT)

PROPOSED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Bombardier, Inc. Model BD 700 1A10 and BD 700 1A11
airplanes: Notice of proposed rulemaking, published Oct. 15, 2010, comments by
Nov. 29, 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. Model BD 700 1A10 and BD 700 1A11 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:
           There have been two in-service reports of main landing gear (MLG) tire
       failure on landing, during which a flailing tire tread caused damage to No. 2
       and No. 3 hydraulic system lines in the wing auxiliary spar area on the left
       side of the aircraft. This damage resulted in the loss of supply pressure to the
       inboard and outboard brakes, as the only remaining braking source available
       was the No. 3 hydraulic system accumulator. The degradation of the brake
       system performance could adversely affect the aircraft during landing.
       *****

The unsafe condition is loss of braking capability, which could reduce the ability of
the flightcrew to safely land the airplane.


Airworthiness directives, Embraer, Empresa Brasileira de Aeronautica S.A. Model
EMB–500 airplanes: Notice of proposed rulemaking, published Oct. 15, 2010,
comments by Nov. 29, 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
Embraer, Empresa Brasileira de Aeronautica S.A. Model EMB–500 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 detected a short circuit in harness W101 due to its interference
       with the main door mechanism. Further analysis of the affected region has
       also revealed the possibility of chafing between the same harness and the
       oxygen tubing. The chafing of the wiring harness against the oxygen tubing
       could lead to a short circuit of the wiring harness and a subsequent fire in the
       airplane.
          Since this condition may occur in other airplanes of the same type and
       affects flight safety, a corrective action is required. Thus, sufficient reason
       exists to request compliance with this AD in the indicated time limit.


Flightcrew member duty and rest requirements: Response to requests for a comment
period extension, published Oct. 15, 2010, comment period for the Notice of
Proposed Rulemaking published Sept. 14, 2010, at 75 FR 55852, closes Nov. 15,
2010
[TEXT]
The Federal Aviation Administration published a Notice of Proposed Rulemaking Sept.
14, 2010, to amend its existing flight, duty and rest regulations applicable to
certificate holders and their flightcrew members. The FAA has received several
requests from stakeholders to extend the comment period for filing comments to the
proposed rule. This notice provides the FAA's response to those requests.
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