TRANSPORTATION (DOT)

							COURTHOUSE NEWS SERVICE

                                Federal Regulation Brief
                                    Aug. 27, 2012

AGRICULTURE:

                              AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

Adjustment of Appendices to the Dairy Tariff-Rate Import Quota Licensing Regulation
for the 2012 Tariff-Rate Quota Year: Final rule, published Aug. 27, 2012, effective
Aug. 27, 2012
Text
The Office of the Secretary of the U.S. Department of Agriculture describes the
revised appendices to the Dairy Tariff-Rate Import Quota Licensing Regulation for the
2012 quota year reflecting the cumulative annual transfers from Appendix 1 to
Appendix 2 for certain dairy product import licenses permanently surrendered by
licensees or revoked by the Licensing Authority.
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AGRICULTURAL MARKETING SERVICE (AMS)

Milk in the Mideast marketing area, Order amending the Order: Final rule, published
Aug. 27, 2012, effective Oct. 1, 2012
Text
The Agricultural Marketing Service amends the Pool Plant provisions of the Mideast
federal milk marketing order regulating distributing plants within the marketing area,
with a Class I utilization of at least 30 percent and with combined route disposition
and transfers of at least 50 percent distributed into federal milk marketing areas, as
Pool Distributing Plants under the terms of the order. More than the required number
of producers for the Mideast marketing area approved the issuance of the final order
as amended.


Olives grown in California, increased assessment rate: Final rule, published Aug. 27,
2012, effective Aug. 28, 2012
Text
The Agricultural Marketing Service increases the assessment rate established for the
California Olive Committee for 2012 and subsequent fiscal years from $16.61 to
$31.32 per assessable ton of olives handled. The Committee locally administers the
marketing order which regulates the handling of olives grown in California.
Assessments upon olive handlers are used by the Committee to fund reasonable and
necessary expenses of the program. The fiscal year began January 1 and ends
December 31. The assessment rate will remain in effect indefinitely unless modified,
suspended, or terminated.


Specialty crops, import regulations; new pistachio import requirements: Final rule,
published Aug. 27, 2012, effective Sept. 26, 2012
Text
The Agricultural Marketing Service establishes a minimum quality regulation for lots
of pistachios imported into the United States. The regulation specifies maximum
aflatoxin tolerance levels as well as mandatory aflatoxin testing and certification
requirements. These import quality requirements are the same as or comparable to
those in effect for the domestically produced commodity. Under this regulation,
aflatoxin levels in imported pistachios may not exceed 15 parts per billion, as
certified by aflatoxin inspection certificates issued by an accredited laboratory. This
action is intended to assure consumers that all pistachios offered for sale in the
United States meet the same aflatoxin standards, thus promoting high quality
product in the market place and fostering consumer satisfaction.
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COMMERCE:

                                 COMMERCE (DOC)

NEWLY PUBLISHED REGULATIONS

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

Fisheries of the northeastern United States, Atlantic mackerel, squid and butterfish
fisheries, Framework Adjustment 6: Final rule, published Aug. 27, 2012, effective
Aug. 24, 2012
Text
The National Marine Fisheries Service modifies the Mid-Atlantic Fishery Management
Council’s risk policy regarding stocks without an overfishing limit. Framework
Adjustment 6 was initiated to clarify its tolerance for risk for such stocks. The
modification allows increases of the acceptable biological catch for stocks that have
stable or increasing trends in abundance, and for which there is robust scientific
information to suggest that an increased acceptable biological catch will not lead to
overfishing.


Fisheries of the northeastern United States, Atlantic mackerel, squid and butterfish
fisheries, specifications and management measures: Final rule, published Aug. 27,
2012, effective Aug. 24, 2012
Text
The National Marine Fisheries Service implements final 2012 specifications and
management measures for the butterfish fishery, which is managed as part of the
Atlantic mackerel, squid and butterfish fishery management plan. This action
requires a 3-inch (76-mm) minimum codend mesh size to possess more than 2,000
lb (0.9 mt) of butterfish, up from 1,000 lb (0.45mt).


International fisheries, western and central Pacific fisheries for highly migratory
species, bigeye tuna catch limit in longline fisheries for 2012: Interim final rule,
request for comments, published Aug. 27, 2012, effective Sept. 26, 2012, written
comments by Sept. 26, 2012
Text
The National Marine Fisheries Service establishes a catch limit of 3,763 metric tons
(mt) of bigeye tuna (Thunnus obesus) for vessels in the U.S. pelagic longline
fisheries in the western and central Pacific Ocean (WCPO) for calendar year 2012.
The limit does not apply to vessels in the longline fisheries of American Samoa,
Guam, or the Northern Mariana Islands. Once the limit of 3,763 mt is reached in
2012, retaining, transshipping or landing bigeye tuna caught in the WCPO is
prohibited for the remainder of 2012, with certain exceptions.
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              CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

PROPOSED REGULATIONS

All-terrain vehicle safety summit: Notification, published Aug. 27, 2012, summit
scheduled for 9 a.m. to 4 p.m. Oct. 11 and 12, 2012, individuals interested in
serving on panels or presenting information at the summit should register by Sept.
14, 2012, all others should register by Oct. 5, 2012, written comments by Nov. 14,
2012
Text
The Consumer Product Safety Commission announces its intent to hold a summit on
all-terrain vehicle safety. The summit is to be held at the CPSC’s headquarters in
Bethesda, Md.
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                      FEDERAL TRADE COMMISSION (FTC)

NEWLY PUBLISHED REGULATIONS

Telemarketing sales rule fees: Final rule, published Aug. 27, 2012, effective Oct. 1,
2012
Text
The Federal Trade Commission updates the fees charged to entities accessing the
National Do Not Call Registry as required by the Do-Not-Call Registry Fee Extension
Act.
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ENVIRONMENT, ENERGY & RESOURCES:

                      ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

Denial of the petition to reconsider the greenhouse gas emissions standards and fuel
efficiency standards for medium- and heavy-duty engines and vehicles: Denial of
petition to reconsider, published Aug. 27, 2012, effective Aug. 27, 2012
Text
The Environmental Protection Agency denies the petition to reconsider the final rules
establishing emissions standards to reduce greenhouse gas emissions from on-road
heavy-duty vehicles.


PROPOSED REGULATIONS

Approval and promulgation of implementation plans, Tennessee, Regional Haze State
Implementation Plan, Best Available Retrofit Technology for Eastman Chemical
Company: Proposed rule, published Aug. 27, 2012, comments by Sept. 26, 2012
Text
The Environmental Protection Agency proposes to approve a revision to the State
Implementation Plan (SIP) submitted by Tennessee May 14, 2012, regarding the
Best Available Retrofit Technology (BART) requirements for the Eastman Chemical
Company (Eastman). Specifically, the May 14, 2012, SIP revision modifies the
compliance date for the Eastman BART determination included in Tennessee's April
4, 2008, SIP revision and provides a BART alternative determination option for
Eastman. Together, Tennessee's April 4, 2008, and May 14, 2012, SIP revisions
address the requirements of the Clean Air Act and the EPA's rules that require states
to prevent any future and remedy any existing anthropogenic impairment of visibility
in mandatory Class I areas (national parks and wilderness areas) caused by
emissions of air pollutants from numerous sources over a wide geographic area
(regional haze program).
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                     DEPARTMENT OF THE INTERIOR (DOI)

PROPOSED REGULATIONS

NATIONAL PARK SERVICE (NPS)

Special regulations, areas of the National Park System, New River Gorge National
River, bicycle routes: Proposed rule, published Aug. 27, 2012, comments by Oct. 26,
2012
Text
The National Park Service proposes to designate new and existing multi-use trails
and administrative roads within the New River Gorge National River as bicycle
routes. The rule is because the NPS general regulation requires publication of a
special regulation to designate routes for bicycle use when such use will be outside of
developed areas and special use zones.
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LAW AND CRIME:

                         DEPARTMENT OF JUSTICE (DOJ)

NEWLY PUBLISHED REGULATIONS
Authorization to seize property involved in drug offenses for administrative forfeiture
(2012R-9P): Final rule, published Aug. 27, 2012, effective Feb. 25, 2013
Text
The Department of Justice amends its regulations to allow the Director of the Bureau
of Alcohol, Tobacco, Firearms and Explosives to exercise, for a one-year period
following the effective date of this rule, the authority to seize and administratively
forfeit property involved in controlled substance offenses.
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NATIONAL SECURITY:

                           HOMELAND SECURITY (DHS)

NEWLY PUBLISHED REGULATIONS

COAST GUARD (USCG)

Drawbridge operation regulation, Cape Fear River, Wilmington, North Carolina:
Notice of temporary deviation from regulations, published Aug. 27, 2012, effective 8
p.m. Sept. 26 to 5:30 a.m. Oct. 15, 2012
Text
The U.S. Coast Guard issues a temporary change in the regulation for the operation
of the Cape Fear River Memorial Bridge, over Cape Fear River, at Wilmington, N.C.,
to facilitate the structural repairs of the bridge.


Drawbridge operation regulations, Wando River, Cainhoy, South Carolina: Notice of
temporary deviation from regulations, request for comments, published Aug. 27,
2012, effective 8 p.m. Sept. 1 to 5 p.m. Dec. 31, 2012, comments by Feb. 28, 2013
Text
The U.S. Coast Guard issues a temporary change in the operating schedule for the
S41 Swingbridge across the Wando River, at Cainhoy, Berkeley County, S.C., to
determine whether a permanent change to the schedule is needed.
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FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Proposed flood elevation determinations, page 51743: Proposed rule correction,
published Aug. 27, 2012, comments by Nov. 26, 2012
Text
The Federal Emergency Management Agency corrects a Dec. 16, 2010 proposed rule
that contained an erroneous table. This notice provides corrections to that table, to
be used in lieu of the information previously published.


Proposed flood elevation determinations, page 51744: Proposed rule correction,
published Aug. 27, 2012, comments by Nov. 26, 2012
Text
The Federal Emergency Management Agency corrects a Dec. 16, 2009 proposed rule
that included an erroneous flooding source name in Pointe Coupee Parish, La.
Proposed flood elevation determinations, page 51745: Proposed rule correction,
published Aug. 27, 2012, comments by Nov. 26, 2012
Text
The Federal Emergency Management Agency corrects an Oct. 7, 2010 proposed rule
that contained an erroneous table. This notice provides corrections to that table, to
be used in lieu of the information previously published.
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TRANSPORTATION

                             TRANSPORTATION (DOT)

NEWLY PUBLISHED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Honeywell International Inc. turbofan engines: Final rule,
published Aug. 27, 2012, effective Oct. 1, 2012
Text
PURPOSE: This airworthiness directive (AD) was prompted by a report of a quality
escape of about 8,000 2nd stage low-pressure turbine (LPT2) rotor blades in
Honeywell International Inc. TFE731-20R, -20AR, -20BR, -40, -40AR, -40R, -50R,
and -60 turbofan engines, manufactured by Honeywell Chihuahua Manufacturing
Operation since 2009. This AD requires removing and inspecting certain LPT2 rotor
blades. This AD requires actions intended to correct an unsafe condition caused by
these blades installed on these engines.

SUMMARY: The Federal Aviation Administration adopts a new AD for all Honeywell
International Inc. TFE731-20R, -20AR, -20BR, -40, -40AR, -40R, -50R, and -60
turbofan engines.


PROPOSED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Airbus airplanes: Notice of proposed rulemaking, published
Aug. 27, 2012, comments by Oct. 11, 2012
Text
PURPOSE: Since an earlier airworthiness directive (AD) was issued, the Federal
Aviation Administration has received reports that new cracks were found in the frame
(FR) 40 forward fitting in certain Airbus Model A300 B4-2C, B4-103, and B4-203
airplanes, and Airbus Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, and
B4-622R airplanes. This proposed AD would require repetitive detailed inspections of
the forward fitting at FR 40 without nut removal, and a one-time eddy current or
liquid penetrant inspection of the forward fitting at FR 40 with nut removal, and
repair if necessary. This proposed AD would require actions intended to detect and
correct cracking of the FR 40 forward fitting, which could result in a deterioration of
the structural integrity of the frame.
SUMMARY: The FAA proposes to supersede an existing AD that applies to certain
Airbus Model A300 B4-2C, B4-103, and B4-203 airplanes, and Airbus Model A300
B4-601, B4-603, B4-620, B4-622, B4-605R, and B4-622R airplanes. The existing AD
currently requires performing a one-time detailed visual inspection of the forward
fitting at FR 40 on both sides of the airplane for cracks, and repair if necessary.


Airworthiness directives, Airbus airplanes: Notice of proposed rulemaking, published
Aug. 27, 2012, comments by Oct. 11, 2012
Text
PURPOSE: This proposed airworthiness directive (AD) was prompted by a report
regarding certain Airbus Model A330-200, A330-300, A340-200 and A340-300 series
airplanes that revealed the wheel axles of the main landing gear (MLG) were
machined with a radius as small as 0.4 millimeters. This proposed AD would require
replacing the wheel axle of the MLG with a serviceable part. This proposed AD would
require actions intended to prevent fatigue of the wheel axle of the MLG, which could
adversely affect the structural integrity of the airplane.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
certain Airbus Model A330-200, A330-300, A340-200 and A340-300 series airplanes.


Airworthiness directives, The Boeing Company airplanes: Notice of proposed
rulemaking, published Aug. 27, 2012, comments by Oct. 11, 2012
Text
PURPOSE: This proposed A airworthiness directive (AD) was prompted by incorrect
wire support clamps installed within the left environmental cooling systems bay in
certain Boeing Model 737-600, -700, -800, and -900ER series airplanes, which could
allow wiring to come in contact with the exposed metal of the improper clamp. This
proposed AD would require inspections to identify the part number of the wire
support clamp, related investigative actions, and corrective actions if necessary. This
proposed AD would require actions intended to prevent electrical arcing and a
potential ignition source, which in combination with flammable fuel vapors could
result in a fuel tank explosion, and consequent loss of the airplane.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
certain Boeing Model 737-600, -700, -800, and -900ER series airplanes.


Airworthiness directives, The Boeing Company airplanes: Proposed rule, rescission,
published Aug. 27, 2012, comments by Oct. 11, 2012
Text
PURPOSE: The Federal Aviation Administration proposes to rescind an existing
airworthiness directive (AD) that applies to certain Boeing Model 737-600, -700, -
700C, -800 and -900 series airplanes, and Boeing Model 757-200, -200PF, -200CB,
and -300 series airplanes because it has received new data indicating that the
existing AD addresses not only the prevention of electrical energy from lightning, hot
shorts, or fault current from entering the fuel tank through the actuator shaft, which
could result in fuel tank explosions and consequent loss of the airplane, but also
introduces a different unsafe condition.
SUMMARY: The existing AD currently requires inspecting certain Boeing Model 737-
600, -700, -700C, -800 and -900 series airplanes, and Boeing Model 757-200, -
200PF, -200CB, and -300 series airplanes to determine if certain motor-operated
shutoff valve actuators for the fuel tanks are installed, and related investigative and
corrective actions if necessary. The existing AD also requires revising the
Airworthiness Limitations (AWLs) section of the Instructions for Continued
Airworthiness to incorporate AWL No. 28-AWL-21, No. 28-AWL-22, and No. 28-AWL-
24 (for Model 737-600, -700, -700C, -800 and -900 series airplanes); and No. 28-
AWL-23, No. 28-AWL-24, and No. 28-AWL-25 (for Model 757-200, -200PF, -200CB,
and -300 series airplanes). The existing AD was issued to prevent electrical energy
from lightning, hot shorts, or fault current from entering the fuel tank through the
actuator shaft, which could result in fuel tank explosions and consequent loss of the
airplane.


Airworthiness directives, The Boeing Company: Supplemental notice of proposed
rulemaking, reopening of comment period, published Aug. 27, 2012, comments by
Oct. 11, 2012
Text
PURPOSE: This supplemental notice of proposed rulemaking is to prevent failure of
the flightcrew in certain Boeing Model 737-600, -700, -700C, -800, -900, and -
900ER series airplanes to recognize and react to a valid cabin altitude warning horn,
which could result in incapacitation of the flightcrew due to hypoxia (lack of oxygen
in the body), and consequent loss of control of the airplane. Since these actions
impose an additional burden over that proposed in the notice of proposed rulemaking
(NPRM), the comment period is reopened to allow the public the chance to comment
on these proposed changes.

SUMMARY: The Federal Aviation Administration revises an earlier proposed
airworthiness directive for certain Boeing Model 737-600, -700, -700C, -800, -900,
and -900ER series airplanes. That NPRM proposed to require, for certain airplanes,
installing two warning level indicator lights on each of the P1-3 and P3-1 instrument
panels in the flight compartment. That NPRM also proposed to require revising the
airplane flight manual to remove certain requirements of previous AD actions, and to
advise the flightcrew of the following changes: revised non-normal procedures to use
when a cabin altitude warning or rapid depressurization occurs, and revised cabin
pressurization procedures for normal operations. That NPRM was prompted by a
design change in the cabin altitude warning system that would address the identified
unsafe condition. This action revises that NPRM by adding airplanes to the
applicability; adding airplanes to the installation requirement, including, for certain
airplanes, replacing the existing P5-16 and P5-10 panels; and, for certain airplanes,
replacing the basic P5-16 panel with a high altitude landing P5-16 panel.
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FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA)

Rescission of quarterly financial reporting requirements: Withdrawal of direct final
rule, published Aug. 27, 2012, effective Aug. 27, 2012
Text
The Federal Motor Carrier Safety Administration withdraws its June 27, 2012, direct
final rule eliminating the quarterly financial reporting requirements for certain for-
hire motor carriers of property (Form QFR) and for-hire motor carriers of passengers
(Form MP-1). The FMCSA intends to publish a notice of proposed rulemaking in the
near future proposing the elimination of the quarterly financial reporting
requirements for Form QFR and Form MP-1.


Gross combination weight rating, definition: Direct final rule, request for comments,
published Aug. 27, 2012, effective Oct. 26, 2012, unless an adverse comment or
notice of intent to submit an adverse comment is received by Sept. 26, 2012
Text
The Federal Motor Carrier Safety Administration amends the definition of “gross
combination weight rating” (GCWR) in its regulations to state that the GCWR is the
value specified by the commercial motor vehicle manufacturer.


Transportation of Household Goods in Interstate Commerce, Consumer Protection
Regulations, Household Goods Motor Carrier Record Retention Requirements: Direct
final rule, confirmation of Nov. 13, 2012 effective date, published Aug. 27, 2012
Text
The Federal Motor Carrier Safety Administration confirms the effective date for its
July 16, 2012, direct final rule concerning the period during which household goods
(HHG) motor carriers must retain documentation of an individual shipper's waiver of
receipt of printed copies of consumer protection materials. The direct final rule
harmonized the retention period with other document retention requirements
applicable to HHG motor carriers. The FMCSA also amended the regulations to clarify
that a HHG motor carrier is not required to retain waiver documentation from any
individual shippers for whom the carrier does not actually provide services. The
FMCSA did not receive any comments in response to the direct final rule and
confirms the Nov. 13, 2012, effective date of the rule.
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