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									COURTHOUSE NEWS SERVICE

                                Federal Regulation Brief
                                    May 22, 2012

COMMERCE:

                                 COMMERCE (DOC)

NEWLY PUBLISHED REGULATIONS

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

Fisheries of the northeastern United States, final 2012 spiny dogfish fishery
specifications: Final rule, published May 22, 2012, effective June 21 through Aug. 30,
2012
Text
The National Marine Fisheries Service implements a catch limit, commercial quota,
and possession limit for the spiny dogfish fishery for the 2012 fishing year.
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U.S. PATENT AND TRADEMARK OFFICE (USPTO)

Changes in requirements for specimens and for affidavits or declarations of
continued use or excusable nonuse in trademark cases: Final rule, published May 22,
2012, effective June 21, 2012
Text
The U.S. Patent and Trademark Office revises the Trademark Rules of Practice and
the Rules of Practice for Filings Pursuant to the Madrid Protocol to allow the USPTO to
require any additional specimens, information, exhibits and affidavits or declarations
deemed reasonably necessary to examine a post registration affidavit or declaration
of continued use or excusable nonuse in trademark cases. In addition USPTO will
conduct a two-year pilot program to assess the accuracy and integrity of the
register, and upon request, require more than one specimen in connection with a
use-based trademark application, an allegation of use, or an amendment to a
registered mark.
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                   SMALL BUSINESS ADMINISTRATION (SBA)

PROPOSED REGULATIONS

Small business size regulations, Small Business Innovation Research Program and
Small Business Technology Transfer Program: Notice of webinar and roundtable
meetings, published May 22, 2012, webinar scheduled May 24, 2012, roundtable
meetings scheduled June 8, 2012, in Washington, D.C. and June 19, 2012, in Austin,
Texas
Text
The U.S. Small Business Administration announces that it is holding a public webinar
and roundtable meetings on amendments to its regulations for size and eligibility for
the Small Business Innovation Research and Small Business Technology Transfer
Programs. The proposed rule addresses ownership, control and affiliation for
participants in the programs.
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ENVIRONMENT, ENERGY & RESOURCES:

                     ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

Approval and promulgation of air quality implementation plans, Maryland, Baltimore
nonattainment area determinations of attainment of the 1997 annual fine particulate
standard: Final rule, published May 22, 2012, effective June 21, 2012
Text
The Environmental Protection Agency determines that the Baltimore Area has
attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) and
the the 1997 annual PM2.5 NAAQS by its applicable attainment date of April 5, 2010.


Approval and promulgation of air quality implementation plans, Vermont, regional
haze: Final rule, published May 22, 2012, effective June 21, 2012
Text
The Environmental Protection Agency approves a revision to the Vermont State
Implementation Plan that addresses regional haze for the first planning period from
2008 through 2018. This revision addresses the requirements of the Clean Air Act
and the EPA's regulations that require states to prevent any future, and remedy any
existing, manmade impairment of visibility in mandatory Class I Areas caused by
emissions of air pollutants from numerous sources over a wide geographic area
(regional haze program).


Approval and promulgation of air quality implementation plans, Rhode Island,
regional haze: Final rule, published May 22, 2012, effective June 21, 2012
Text
The Environmental Protection Agency approves a revision to the Rhode Island State
Implementation Plan that addresses regional haze for the first planning period from
2008 through 2018. This revision addresses the requirements of the Clean Air Act
and the EPA's regulations that require states to prevent any future, and remedy any
existing, manmade impairment of visibility in mandatory Class I Areas caused by
emissions of air pollutants from numerous sources over a wide geographic area
(regional haze program).


Approval and promulgation of air quality implementation plans, Maine, Reasonably
Available Control Technology (RACT) for the 1997 8-hour ozone standard: Final rule,
published May 22, 2012, effective June 21, 2012
Text
The Environmental Protection Agency approves several State Implementation Plan
(SIP) revisions submitted by Maine that constitute of a demonstration that Maine
meets the requirements of reasonably available control technology (RACT) for oxides
of nitrogen and volatile organic compounds (VOCs) described by the Clean Air Act
regarding the 1997 8-hour ozone standard as well as several new and revised VOC
regulations.


PROPOSED REGULATIONS

Approval and Promulgation of Implementation Plans, Idaho, Regional Haze State
Implementation Plan: Proposed rule, published May 22, 2012, written comments by
June 21, 2012
Text
The Environmental Protection Agency proposes to approve parts of a State
Implementation Plan (SIP) revision submitted by Idaho Oct. 25, 2010, as meeting
the requirements of the Clean Air Act and federal regional haze program
requirements. This action proposes to approve the remaining regional haze SIP
elements for which the EPA previously took no action in the June 22, 2011, notice, in
which the EPA approved parts of the Oct. 25, 2010, SIP submittal as meeting the
requirements for interstate transport for visibility of the act and certain requirements
of the regional haze program including the requirements for best available retrofit
technology.
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NATIONAL SECURITY:

                                   DEFENSE (DoD)

NEWLY PUBLISHED REGULATIONS

DEFENSE ACQUISITION REGULATIONS SYSTEM (DARS)

Defense Federal Acquisition Regulation Supplement, United States-Korea Free Trade
Agreement (DFARS Case 2012-D025): Interim rule, published May 22, 2012,
effective May 22, 2012, comments by July 23, 2012
Text
The Defense Acquisition Regulations System issues an interim rule that amends the
Defense Federal Acquisition Regulation Supplement to implement the United States-
Korea Free Trade Agreement. Korea is already party to the World Trade Organization
Government Procurement Agreement.


Defense Federal Acquisition Regulation Supplement, New Free Trade Agreement with
Colombia (DFARS Case 2012-D032): Interim rule, published May 22, 2012, effective
May 22, 2012, comments by July 23, 2012
Text
The Defense Acquisition Regulations System issues an interim rule that amends the
Defense Federal Acquisition Regulation Supplement to implement the United States-
Colombia Trade Promotion Agreement. This Trade Promotion Agreement is a free
trade agreement that provides for mutually non-discriminatory treatment of eligible
products and services from Columbia.


Defense Federal Acquisition Regulation Supplement, Report on Waiver of Prohibition
on Acquisition From Communist Chinese Military Companies (DFARS Case 2012-
D023): Final rule, published May 22, 2012, effective May 22, 2012
Text
The Defense Acquisition Regulations System amends the Defense Federal Acquisition
Regulation Supplement to implement the requirement in the National Defense
Authorization Act for Fiscal Year 2012 to report to the congressional defense
committees before issuing a waiver of the prohibition on acquisition of U.S. Munitions
List items from Communist Chinese military companies.


Defense Federal Acquisition Regulation Supplement, Contingency Contract Closeout
(DFARS Case 2012-D014): Final rule, published May 22, 2012, effective May 22,
2012
Text
The Defense Acquisition Regulations System amends the Defense Federal Acquisition
Regulation Supplement to require additional planning, monitoring and executing
activities for contract closeouts when the contracts are awarded for performance in
contingency areas.


Defense Federal Acquisition Regulation Supplement, Order of Application for
Modifications (DFARS Case 2012-D002): Final rule, published May 22, 2012, effective
May 22, 2012
Text
The Defense Acquisition Regulations System amends the Defense Federal Acquisition
Regulation Supplement to establish an order for application of contract modifications
to resolve any potential conflicts that may arise from multiple modifications with the
same effective date.


Defense Federal Acquisition Regulation Supplement, Utilization of Domestic
Photovoltaic Devices (DFARS Case 2011-D046): Final rule, published May 22, 2012,
effective May 22, 2012
Text
The Defense Acquisition Regulations System adopts as final, with change, an interim
rule that amends the Defense Federal Acquisition Regulation Supplement to
implement a section of the National Defense Authorization Act for Fiscal Year 2011.
The section provides that photovoltaic devices to be used in performance of any
covered contract shall comply with the Buy American statute, subject to the
exceptions provided in the Trade Agreements Act or otherwise provided by law.


Defense Federal Acquisition Regulation Supplement, Defense Trade Cooperation
Treaty with the United Kingdom (DFARS 2012-D034): Interim rule, published May
22, 2012, effective May 22, 2012, comments by July 23, 2012
Text
The Defense Acquisition Regulations System issues an interim rule to amend the
Defense Federal Acquisition Regulation Supplement to implement requirements of
the Treaty between the Government of the United States of America and the
Government of the United Kingdom of Great Britain and Northern Ireland Concerning
Defense Trade Cooperation and the Security Cooperation Act regarding export
control regulations between the United States and the United Kingdom. The treaty
and statute establish an Approved Community that includes members of the U.S.
government and the government of the United Kingdom.
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                          HOMELAND SECURITY (DHS)

NEWLY PUBLISHED REGULATIONS

COAST GUARD (USCG)

Safety zones, annually recurring marine events in the Southeastern New England
Captain of the Port zone: Final rule, published May 22, 2012, effective June 21, 2012
Text
The U.S. Coast Guard amends special local regulations and establishes permanent
safety zones in the USCG Southeastern New England Captain of the Port zone for
annually recurring marine events.


Safety zone, Flagship Niagara Mariners Ball fireworks, Presque Isle Bay, Erie,
Pennsylvania: Temporary final rule, published May 22, 2012, effective 9:30 p.m. to
11:00 p.m. June 2, 2012
Text
The U.S. Coast Guard establishes a temporary safety zone on Presque Isle Bay, Erie,
Pa., during the Flagship Niagara Mariners Ball fireworks display.
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FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Changes in flood elevation determinations: Interim rule, published May 22, 2012,
effective dates complex
Text
The Federal Emergency Management Agency lists communities where modification of
the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate due to new
scientific or technical data. New flood insurance premium rates are calculated from
the modified BFEs for new buildings and their contents.


Final flood elevation determinations: Final rule, published May 22, 2012, effective
dates complex
Text
The Federal Emergency Management Agency finalizes Base (1% annual-chance)
Flood Elevations (BFEs) and modified BFEs for certain communities. 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

COAST GUARD (USCG)

Safety zone, Tonawanda July 4th Celebration, Niagara River, Tonawanda, New York:
Notice of proposed rulemaking, published May 22, 2012, comments by June 21,
2012
Text
The U.S. Coast Guard proposes to establish a temporary safety zone on the Niagara
River, Tonawanda, N.Y., to restrict vessels from part of the Niagara River during the
Tonawanda July 4th Celebration fireworks display.


Safety zones, annual fireworks events in the Captain of the Port Detroit zone: Notice
of proposed rulemaking, published May 22, 2012, comments by June 21, 2012
Text
The U.S. Coast Guard proposes to add three permanent safety zones within the
Captain of the Port Detroit zone during fireworks events.
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TRANSPORTATION

                             TRANSPORTATION (DOT)

NEWLY PUBLISHED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Bombardier, Inc. airplanes: Final rule, published May 22,
2012, effective June 26, 2012
Text
PURPOSE: This airworthiness directive (AD) was prompted by reports of loose or
detached main landing gear (MLG) torque link apex pin locking plate and the locking
plate retainer bolt in the torque link apex joint in certain Bombardier, Inc. Model CL-
600-2C10 (Regional Jet Series 700, 701 & 702), CL-600-2D15 (Regional Jet Series
705), and CL-600-2D24 (Regional Jet Series 900) airplanes. This AD requires actions
intended to detect and correct improper assembly and damage of the MLG torque
link apex joint, which could cause heavy vibration during landing, consequent
damage to MLG components, and subsequent collapse of the MLG.

SUMMARY: The Federal Aviation Administration supersedes an existing AD for certain
Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701 & 702), CL-600-
2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900)
airplanes. That AD currently requires a one-time inspection of the MLG shock strut
assemblies for part and serial numbers; for certain MLG shock strut assemblies, a
one-time inspection of the torque link apex joint, and corrective actions if necessary;
and, for certain MLG shock strut assemblies, replacement or rework of the apex nut.
This new AD continues to require the actions in the existing AD, and adds the
previously omitted part and serial numbers.
Amendment of Class E airspace, Rock Springs, Wyoming: Final rule, published May
22, 2012, effective 0901 UTC, July 26, 2012
Text
The Federal Aviation Administration amends Class E airspace at Rock Springs-
Sweetwater County Airport, Rock Springs, Wyo., because the Rock Springs
Tactical Air Navigation System is being decommissioned. This action also adjusts the
geographic coordinates of the airport.


PROPOSED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Airbus airplanes: Notice of proposed rulemaking, published
May 22, 2012, comments by July 6, 2012
Text
PURPOSE: This proposed airworthiness directive (AD) was prompted by reports of
fatigue cracking in the crossbeams at the junction of the actuator beam of the lower
deck cargo door in certain Airbus Model A300 B4-600 and A300 B4-600R, Model
A300, and Model A310 series airplanes. This proposed AD would require repetitive
inspections of the crossbeams of certain fuselage frames, and repair if necessary.
This proposed AD requires actions intended to detect and correct cracking of the
crossbeams at the junction of the actuator beam of the lower deck cargo door, which
could result in failure to withstand ultimate load conditions, and consequent reduced
structural integrity of the airplane.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
certain Airbus Model A300 B4-600 and A300 B4-600R, Model A300, and Model A310
series airplanes.


Airworthiness directives, Eurocopter Deutschland helicopters: Notice of proposed
rulemaking, published May 22, 2012, comments by July 23, 2012
Text
PURPOSE: This proposed airworthiness directive (AD) is prompted by reports of
internal short circuits in certain Generator Control Units (GCU) installed in Eurocopter
Deutschland GmbH Model MBB-BK117 C-2 helicopters. This proposed AD requires
actions intended to replace any affected GCUs to prevent a short circuit, which could
result in a loss of electrical generating power, loss of systems required for continued
safe flight and landing, and subsequent loss of control of the helicopter.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for all
Eurocopter Deutschland GmbH Model MBB-BK117 C-2 helicopters with certain GCU
installed.


Airworthiness directives, Bell Helicopter Textron helicopters: Notice of proposed
rulemaking, published May 22, 2012, comments by July 23, 2012
Text
PURPOSE: This proposed airworthiness directive (AD) is prompted by a reported
failure of a collective lever in Bell Helicopter Textron (BHT) Model 412, 412EP, and
412CF helicopters. These proposed actions are intended to detect a crack in the
collective lever, which could lead to failure of the collective lever and subsequent loss
of control of the helicopter.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for BHT
Model 412, 412EP, and 412CF helicopters.


Airworthiness directives, Agusta S.p.A. Model A109E and Model A109S helicopters:
Notice of proposed rulemaking published May 22, 2012, comments by July 23, 2012
Text
PURPOSE: This proposed airworthiness directive (AD) results from reported cases of
damage to the main drive shaft caused by improperly secured metallic spacers on
some Model A109E and Model A109S helicopters. This proposed AD would require a
one-time inspection of the lower semichannel assemblies to determine if metallic
spacers are installed. If the metallic spacers are installed, this proposed AD would
require an inspection for the correct installation of the metallic spacers on the
semichannels and for the correct seating of the gaskets. If the metallic spacers are
not installed with rivets, the lower semichannel assemblies would be required to be
modified, and the main drive shaft would be inspected for damage. This proposed
AD requires actions intended to detect missing spacer rivets, which could allow the
metallic spacers to rotate and lead to damage and failure of the main drive shaft,
and subsequent loss of helicopter control.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
Agusta Model A109E and Model A109S helicopters with certain lower semichannel
assemblies installed.


Airworthiness directives, Agusta S.p.A. Model AW139 helicopters: Notice of proposed
rulemaking, published May 22, 2012, comments by July 23, 2012
Text
PURPOSE: This proposed airworthiness directive (AD) is prompted by the discovery
of improper installation of solder splices on the co-pilot audio system in certain
Agusta S.p.A. Model AW139 helicopters causing intermittent noise through the audio
system during flight. This proposed AD requires actions intended to prevent
degradation and complete loss of communications between the pilot and co-pilot
during flight, impairing the co-pilot's capability to react immediately to operational
difficulties, which could lead to subsequent loss of control of the helicopter.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
certain Agusta S.p.A. Model AW139 helicopters.


Living History Flight Experience (LHFE)-exemptions for passenger carrying operations
conducted for compensation and hire in other than standard category aircraft: Notice
of public meeting, published May 22, 2012, public meetings June 26, 27, and 28,
2012, from 8:00 a.m. until 4:30 p.m., requests to speak by June 18, 2012, written
comments by June 18, 2012
Text
The Federal Aviation Administration announces public meetings to gather additional
technical input on the subject of exemptions regarding the Living History Flight
Experience (LHFE). Input gathered will aid in developing future FAA guidance for
evaluating LHFE petitions for exemption. The FAA requests public comment on the
guidance, prior to the meetings.
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