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					COURTHOUSE NEWS SERVICE

                                  Federal Regulation Brief
                                      Jan. 21, 2011

AGRICULTURE:

                                AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

Voluntary labeling program for biobased products: Final rule, published Jan. 20,
2011, effective Feb. 22, 2011
[TEXT] [PDF]
The U.S. Department of Agriculture establishes a voluntary labeling program for
biobased products under Section 9002 of the Farm Security and Rural Investment
Act. Under the voluntary labeling program, a biobased product, after being certified
by the USDA, can be marketed using the “USDA Certified Biobased Product” label.
The presence of the label means that the product meets USDA standards for the
amount of biobased content and that the manufacturer or vendor has provided
relevant information on the product for the USDA BioPreferred Program Web site.
This final rule applies to manufacturers and vendors who wish to participate in the
voluntary labeling component of the BioPreferred Program. The final rule also applies
to other entities (e.g., trade associations) that wish to use the label to promote
biobased products.
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GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION (GIPSA)

Required scale tests: Final rule, published Jan. 20, 2011, effective Feb. 22, 2011
[TEXT]
The Grain Inspection, Packers and Stockyards Administration amends a section of
the regulations under the Packers and Stockyards Act regarding the requirement that
stockyard owners, market agencies, dealers, packers, and live poultry dealers that
weigh livestock, live poultry, or feed, have their scales tested at least twice each
calendar year at intervals of approximately 6 months. This final rule requires that
regulated entities complete the first of the two scale tests between Jan. 1 and June
30 of the calendar year. The remaining scale test must be completed between July 1
and Dec. 31 of the calendar year. In addition, a minimum period of 120 days will
now be required between these two tests. The agency also includes an exception for
the testing of scales with limited seasonal use. More frequent testing, however, will
still be required in cases where a scale does not maintain accuracy between tests.
Finally, the agency amends that same section of the regulations to add “swine
contractors” to the list of regulated entities to which the section applies. The agency
believes this final rule will facilitate its ability to regulate the business operations of
stockyard owners, swine contractors, market agencies, dealers, packers, and live
poultry dealers through the effective enforcement of the Packers and Stockyards Act.
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COMMERCE:

                                 COMMERCE (DOC)

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

Fisheries off west coast states, coastal pelagic species fisheries, annual
specifications: Final rule, published Jan. 20, 2011, effective Feb. 22 through June 30,
2011
[TEXT]
The National Marine Fisheries Service implements the annual harvest guideline for
Pacific mackerel in the U.S. exclusive economic zone off the Pacific coast. The
harvest guideline is in accord with the regulations implementing the coastal pelagic
species fishery management plan and establishes allowable harvest levels for Pacific
mackerel off the Pacific coast. The total harvest guideline for the 2010-2011 fishing
year is 11,000 metric tons (mt) divided into a directed fishery harvest guideline of
8,000 mt and an incidental fishery of 3,000 mt. If 8,000 mt are landed, the directed
fishery for Pacific mackerel will close and a 45-percent by weight incidental trip
allowance for landing Pacific mackerel with other coastal pelagic species will be
implemented, with the exception that 1 mt may be landed per trip without any other
coastal pelagic species.


PROPOSED REGULATIONS

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

Fisheries of the Caribbean, Gulf of Mexico and South Atlantic, queen conch fishery of
Puerto Rico and the U.S. Virgin Islands, management measures: Proposed rule,
published Jan. 20, 2011, written comments by Feb. 22, 2011
[TEXT]
The National Marine Fisheries Service proposes to implement measures to address
overfishing of Caribbean queen conch in the U.S. Caribbean. If put into effect, this
rule would extend the queen conch seasonal closure from three to five months, and
prohibit fishing for and possession of queen conch in or from the Caribbean exclusive
economic zone east of 64°34' W longitude, which includes Lang Bank east of St.
Croix, U.S. Virgin Islands, when harvest and possession of queen conch is prohibited
in St. Croix territorial waters as a result of a territorial quota closure. The proposed
rule is to prevent additional fishing pressure on queen conch in the U.S. Caribbean,
and to improve enforcement of regulations affecting the queen conch resource by
improving compatibility among federal and territorial regulations.
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ENVIRONMENT, ENERGY & RESOURCES:

                      ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS
Performance standards for steam generating units, fossil-fuel-fired, electric utility,
industrial-commercial-institutional, and small industrial-commercial-institutional
units: Direct final rule, published Jan. 20, 2011, effective March 21, 2011 without
further notice, unless adverse comments are received by Feb. 22, 2011
[TEXT]
The Environmental Protection Agency takes direct final action to amend the new
source performance standards for electric utility steam generating units and
industrial-commercial-institutional steam generating units. This action amends the
testing requirements for owners/operators of steam generating units that elect to
install particulate matter continuous emission monitoring systems. It also amends
the opacity monitoring requirements for owners/operators of affected facilities
subject to an opacity standard exempt from the requirement to install a continuous
opacity monitoring system. In addition, this action corrects several editorial errors
identified from previous rulemakings.


PROPOSED REGULATIONS

Performance standards for steam generating units, fossil-fuel-fired, electric utility,
industrial-commercial-institutional, and small industrial-commercial-institutional
units: Proposed rule, published Jan. 20, 2011, written comments by Feb. 22, 2011,
unless a public hearing is requested by Jan. 31, 2011, if a timely hearing request is
submitted, the public hearing will be held Feb. 4, 2011 and written comments must
be received by March 7, 2011
[TEXT]
The Environmental Protection Agency proposes to amend the new source
performance standards for electric utility steam generating units and industrial-
commercial-institutional steam generating units. This action would amend the testing
requirements for owners/operators of steam generating units that elect to install
particulate matter continuous emission monitoring systems. It would also amend the
opacity monitoring requirements for owners/operators of affected facilities subject to
an opacity standard exempt from the requirement to install a continuous opacity
monitoring system. In addition, this action would correct several editorial errors
identified from previous rulemakings.
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                  NUCLEAR REGULATORY COMMISSION (NRC)

PROPOSED REGULATIONS

Advanced boiling water reactor aircraft impact design certification amendment:
Proposed rule, published Jan. 20, 2011, comments by April 5, 2011
[TEXT]
The U.S. Nuclear Regulatory Commission proposes to amend its regulations to certify
an amendment to the U.S. Advanced Boiling Water Reactor (ABWR) standard plant
design to comply with the agency's aircraft impact assessment (AIA) regulations.
This action would allow applicants or licensees intending to construct and operate a
U.S. ABWR to comply with the agency's AIA regulations by referencing the amended
design certification rule (DCR). The applicant for certification of the amendment to
the U.S. ABWR design is STP Nuclear Operating Company (STPNOC). The public is
invited to submit comments on this proposed DCR, the STPNOC design control
document (DCD) that would be incorporated by reference into the DCR, and the
environmental assessment for the amendment to the U.S. ABWR design. The public
is also invited to submit comments on the agency's proposed approach for treating
multiple suppliers of a single certified design.


Proposed generic communications reporting for decommissioning funding status
reports: Proposed generic communication, Reopening of comment period, published
Jan. 20, 2011, comment period has been reopened and now closes March 5, 2011
[TEXT]
The U.S. Nuclear Regulatory Commission reopens the public comment period for the
proposed regulatory issue summary (RIS) published Nov. 26, 2010. The purpose of
the summary is to clarify for licensees and external stakeholders the information
they should use and present to the agency in the Decommissioning Funding Status
reports to ensure that agency staff, licensees, and stakeholders are using the same,
correct figures and to prevent potential issues resulting from shortfalls in the
licensee's decommissioning fund. The comment period for this RIS, which closed
Dec. 27, 2010, is reopened and remains open until March 5, 2011.
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HEALTH:

                      HEALTH AND HUMAN SERVICES (HHS)

NEWLY PUBLISHED REGULATIONS

FOOD AND DRUG ADMINISTRATION (FDA)

Implantation or injectable dosage form new animal drugs, oxytetracycline and
flunixin: Final rule, published Jan. 20, 2011, effective Jan. 20, 2011
[TEXT]
The Food and Drug Administration amends the animal drug regulations to reflect
approval of a new animal drug application (NADA) filed by Norbrook Laboratories,
Ltd. The NADA provides for veterinary prescription use of a combination drug
injectable solution containing oxytetracycline and flunixin meglumine in cattle.
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MONEY:

                                 TREASURY (USDT)

NEWLY PUBLISHED REGULATIONS

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB)

Revision of American viticultural area regulations: Final rule, Treasury decision,
published Jan. 20, 2011, effective Feb. 22, 2011
[TEXT]
The Alcohol and Tobacco Tax and Trade Bureau amends the regulations for the
establishment of American viticultural areas (AVAs). The changes provide clearer
regulatory standards for the establishment of AVAs and clarify the rules for
preparing, submitting, and processing viticultural area petitions.


Time for payment of certain excise taxes, and quarterly excise tax payments for
small alcohol excise taxpayers: Temporary rule, Treasury decision, published Jan.
20, 2011, effective Feb. 22, 2011, through Feb. 24, 2014
[TEXT]
The Alcohol and Tobacco Tax and Trade Bureau updates and reissues its regulations
regarding the semimonthly payments of excise tax on distilled spirits, wine, beer,
tobacco products, and cigarette papers and tubes, and also reissues temporary
regulations regarding quarterly payment of excise tax for small alcohol excise
taxpayers. These temporary regulations replace temporary regulations issued under
T.D. ATF-365 and T.D. TTB-41, originally published in 1995 and 2006, respectively.
The agency solicits comments from all interested parties on these regulatory
provisions through a notice of proposed rulemaking, published elsewhere in the Jan.
20, 2011 Federal Register.


PROPOSED REGULATIONS

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB)

Addition of new grape variety names for American wines: Notice of proposed
rulemaking, published Jan. 20, 2011, written comments by March 21, 2011
[TEXT]
The Alcohol and Tobacco Tax and Trade Bureau proposes to amend its regulations by
adding a number of new names to the list of grape variety names approved for use
in designating American wines. In addition, the agency proposes to include separate
entries for synonyms of existing entries so that readers can more readily find them
and to correct one existing entry.


Disclosure of cochineal extract and carmine in the labeling of wines, distilled spirits,
and malt beverages: Correction, published Jan. 20, 2011
[TEXT]
In proposed rule document 2010-27733 beginning on page 67669 in the Nov. 3,
2010 Federal Register, the following correction is made:

       Section 5.32 [Corrected]

          On page 67672, in the third column, in Section 5.32(b)(6), in the eighth
       line, “February 1, 2011” should read [DATE 90 DAYS AFTER DATE FINAL RULE
       IS PUBLISHED IN THE FEDERAL REGISTER].


Time for payment of certain excise taxes, and quarterly excise tax payments for
small alcohol excise taxpayers: Notice of proposed rulemaking, published Jan. 20,
2011, comments by March 21, 2011
[TEXT]
The Alcohol and Tobacco Tax and Trade Bureau issues a temporary rule in the Jan.
20. 2011 Federal Register to implement certain changes made to the Internal
Revenue Code of 1986 by the Uruguay Round Agreement Act and by the 2005 Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. The
temporary rule updates and reissues regulations regarding the semimonthly
payments of excise tax on distilled spirits, wine, beer, tobacco products, and
cigarette papers and tubes, and also reissues temporary regulations regarding
quarterly payment of excise tax for small alcohol excise taxpayers. The text of the
regulations in the temporary rule published elsewhere in the Jan. 20, 2011 Federal
Register serves as the text of the proposed regulations.
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NATIONAL SECURITY:

                                 DEFENSE (DoD)

NEWLY PUBLISHED REGULATIONS

DEFENSE ACQUISITION REGULATIONS SYSTEM (DARS)

Defense Federal Acquisition Regulation Supplement, technical amendments: Final
rule, published Jan. 20, 2011, effective Jan. 20, 2011
[TEXT]
The Defense Acquisition Regulations System, Department of Defense, makes
technical amendments to the Defense Federal Acquisition Regulation Supplement to
provide editorial changes and guidance to contracting officers.
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                          HOMELAND SECURITY (DHS)

NEWLY PUBLISHED REGULATIONS

COAST GUARD (USCG)

Drawbridge operation regulations, Gulf Intracoastal Waterway, Belle Chasse,
Louisiana: Notice of temporary deviation from regulations, published Jan. 20, 2011,
effective 3:30 p.m. May 6 to 7:45 p.m. May 8, 2011
[TEXT]
The U.S. Coast Guard issues a temporary change in the regulation for the operation
of the SR 23 Bridge across the Gulf Intracoastal Waterway (Algiers Alternate Route),
mile 3.8, at Belle Chasse, Plaquemines Parish, La., to facilitate movement of
vehicular traffic for the 2011 N'Awlins Air Show, to be held at the U.S. Naval Air
Station, Joint Reserve Base at Belle Chasse, La. This deviation allows the bridge to
remain closed to navigation for several hours on three afternoons to allow for the
movement of vehicular traffic.
Drawbridge operation regulations, Harlem River, New York City, New York: Notice of
temporary deviation from regulations, published Jan. 20, 2011, effective Jan. 10
through April 29, 2011
[TEXT]
The U.S. Coast Guard issues a temporary change in the regulation for the operation
of the 103rd Street (Wards Island) Bridge at mile 0.0, across the Harlem River, New
York City, N.Y., to facilitate bridge rehabilitation maintenance. This deviation allows
the bridge to remain in the closed position for one hundred nineteen days.


Drawbridge operation regulations, Merrimack River, Newburyport and Salisbury,
Massachusetts: Notice of temporary deviation from regulations, published Jan. 20,
2011, effective Feb. 15 through April 30, 2011
[TEXT]
The U.S. Coast Guard issues a temporary change in the regulation for the operation
of the Newburyport US1 Bridge across the Merrimack River, at mile 3.4, between
Newburyport and Salisbury, Mass., to paint the bridge. This deviation allows the
bridge to remain in the closed position.
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FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Final flood elevation determinations, page 3524: published Jan. 20, 2011, effective
dates complex
[TEXT]
The Federal Emergency Management Agency finalizes Base (1% annual-chance)
Flood Elevations (BFEs) and modified BFEs for the communities listed in the linked
document. The BFEs and modified BFEs are the basis for the floodplain management
measures that each community is required either to adopt or to show evidence of
being already in effect to qualify or remain qualified for participation in the National
Flood Insurance Program.


Final flood elevation determinations, page 3531: published Jan. 20, 2011, effective
dates complex
[TEXT]
The Federal Emergency Management Agency finalizes Base (1% annual-chance)
Flood Elevations (BFEs) and modified BFEs for the communities listed in the linked
document. The BFEs and modified BFEs are the basis for the floodplain management
measures that each community is required either to adopt or to show evidence of
being already in effect to qualify or remain qualified for participation in the National
Flood Insurance Program.


PROPOSED REGULATIONS

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Flood elevation determinations: Proposed rule, published Jan. 20, 2011, comments
by April 20, 2011
[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.


Flood elevation determinations for Cumberland County, Maine (all jurisdictions):
Notice of proposed rulemaking, withdrawal, published Jan. 20, 2011, effective Jan.
20, 2011
[TEXT]
The Federal Emergency Management Agency withdraws its notice of proposed
rulemaking concerning proposed flood elevation determinations for Cumberland
County, Maine (all jurisdictions).


Flood elevation determinations for York County, Maine (all jurisdictions): Notice of
proposed rulemaking, withdrawal, published Jan. 20, 2011, effective Jan. 20, 2011
[TEXT]
The Federal Emergency Management Agency withdraws its notice of proposed
rulemaking concerning proposed flood elevation determinations for York County,
Maine (all jurisdictions).
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TRANSPORTATION

                            TRANSPORTATION (DOT)

PROPOSED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Boeing Co. Model 777 200 and 300 series airplanes
equipped with Rolls–Royce RB211 Trent 800 engines: Notice of proposed rulemaking,
published Jan. 20, 2011, comments by March 7, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) results from reports of thrust
reverser events related to thermal damage of the thrust reverser inner wall in certain
Boeing Co. Model 777-200 and -300 series airplanes. This proposed AD would
require actions intended to detect and correct a degraded thrust reverser (T/R) inner
wall panel, which could lead to failure of a T/R and adjacent components and their
consequent separation from the airplane, which could result in a rejected takeoff
(RTO) and cause asymmetric thrust and consequent loss of control of the airplane
during reverse thrust operation. If a T/R inner wall overheats, separated components
could cause structural damage to the airplane, damage to other airplanes, or
possible injury to people on the ground.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
certain Boeing Co. Model 777-200 and -300 series airplanes. This proposed AD would
require repetitive inspections of all T/R structure and sealant for degradation, and
related investigative and corrective actions if necessary.


Airworthiness directives, Boeing Co. Model 777–200 and 300 series airplanes
equipped with Pratt and Whitney engines: Notice of proposed rulemaking, published
Jan. 20, 2011, comments by March 7, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) results from reports of system
disconnect boxes in certain Boeing Co. Model 777-200 and -300 series airplanes that
have been contaminated with hydraulic fluid and, in one incident, led to subsequent
cracking of titanium parts in the system disconnect assembly. This proposed AD
would require actions intended to detect and correct hydraulic fluid contamination,
which can cause cracking of titanium parts in the system disconnect assembly,
resulting in compromise of the engine firewall. A cracked firewall can allow fire in the
engine area to enter the strut and can lead to an uncontained engine strut fire if
flammable fluid is present. Cracking of the disconnect box may also reduce the
effectiveness of the fire extinguishing system in the engine compartment and could
contribute to an uncontained engine fire. In addition, a cracked disconnect box can
leak flammable fluids into the engine core, which can initiate an engine fire, and lead
to one or both fire conditions discussed above.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
certain Boeing Co. Model 777-200 and -300 series airplanes. This proposed AD would
require repetitive inspections for hydraulic fluid contamination of the interior of the
strut disconnect assembly; repetitive inspections for discrepancies of the interior of
the strut disconnect assembly, if necessary; repetitive inspections of the exterior of
the strut disconnect assembly for cracks, if necessary; and corrective action if
necessary. This proposed AD also provides an optional action which, if performed,
stops the need for the inspections.


Airworthiness directives, Saab AB, Saab Aerosystems Model SAAB 340A and SAAB
340B airplanes modified in accordance with Supplemental Type Certificate
ST00224WI–D, ST00146WI–D, or SA984GL–D: Supplemental notice of proposed
rulemaking, reopening of comment period, published Jan. 20, 2011, comments by
March 7, 2011
[TEXT]
PURPOSE: The first supplemental notice of proposed rulemaking (NPRM) resulted
from a report of a crack found behind the external adapter plate of the antennae
during inspection in certain Saab AB, Saab Aerosystems Model SAAB 340A
(SAAB/SF340A) and SAAB 340B airplanes. Similar cracking was found on two
additional airplanes, and extensive corrosion was found on one airplane. This action
revises the first supplemental NPRM by correcting an STC number, which would
expand the applicability of the first supplemental NPRM. This proposed second
supplemental NPRM would require actions intended to detect and correct corrosion
and cracking behind the external adapter plate of the antennae of certain damage-
tolerant structure, which could result in reduced structural integrity and consequent
rapid depressurization of the airplane.

SUMMARY: The Federal Aviation Administration revises an earlier proposed
airworthiness directive (AD) for certain Saab AB, Saab Aerosystems Model SAAB
340A (SAAB/SF340A) and SAAB 340B airplanes. The first supplemental NPRM would
have required inspecting the fuselage surface for corrosion and cracking behind the
external adapter plate of the antennae installation, and repair if necessary.


Amendment of Class E airspace, Taylor, Arizona: Notice of proposed rulemaking,
published Jan. 20, 2011, comments by March 7, 2011
[TEXT]
The Federal Aviation Administration proposes to modify Class E airspace at Taylor
Airport, Taylor, Ariz. Controlled airspace is to accommodate aircraft using the CAMBO
One Departure Area Navigation out of the airport. The FAA proposes this action to
enhance the safety and management of aircraft operations at the airport.


Amendment of Class E airspace, West Yellowstone, Montana: Notice of proposed
rulemaking, published Jan. 20, 2011, comments by March 7, 2011
[TEXT]
The Federal Aviation Administration proposes to modify Class E airspace at
Yellowstone Airport, West Yellowstone, Mont., to accommodate aircraft using the
Instrument Landing System Localizer standard instrument approach procedures at
Yellowstone Airport, West Yellowstone, Mont. The FAA proposes this action to
enhance the safety and management of aircraft operations at the airport.


Establishment of Class E airspace, Kahului, Hawaii: Notice of proposed rulemaking,
published Jan. 20, 2011, comments by March 7, 2011
[TEXT]
The Federal Aviation Administration proposes to establish Class E airspace at Kahului
Airport, Kahului, Hawaii. Controlled airspace is to accommodate aircraft using the
Instrument Landing System standard instrument approach procedures at the airport.
The FAA proposes this action to enhance the safety and management of aircraft
operations at the airport.
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