Agriculture: agriculture (usda) newly published regulations
|
|  Yüklə 106 Kb.
|
| COURTHOUSE NEWS SERVICE
Federal Regulation Brief Jan. 20, 2011 AGRICULTURE: AGRICULTURE (USDA) NEWLY PUBLISHED REGULATIONS ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)
Additions of rust-resistant varieties, black stem rust: Direct final rule, confirmation of effective date, published Jan. 19, 2011, effective date of the direct final rule published Sept. 8, 2010, is confirmed as Nov. 8, 2010. [TEXT] The Animal and Plant Health Inspection Service published a direct final rule Sept. 8, 2010, which notified the public of its intention to amend the black stem rust quarantine and regulations by adding four varieties to the list of rust-resistant Berberis species or cultivars. The agency did not receive any written adverse comments or written notice of intent to submit adverse comments in response to the direct final rule. ---------------- ---------------- FOREST SERVICE (FS)
Prohibitions in areas designated by order, closure of National Forest System lands to protect privacy of tribal activities: Direct final rule, published Jan. 19, 2011, effective Jan. 19, 2011 [TEXT] The Forest Service implements verbatim Sections 8102 and 8104 of the Food, Conservation, and Energy Act by adding regulations regarding special closures to provide for closure of National Forest System lands to protect the privacy of tribal activities for traditional and cultural purposes and by adding definitions for “Indian tribe” and “traditional and cultural purpose.” The Act authorizes the Secretary of Agriculture to ensure access to National Forest System lands, to the maximum extent practicable, by Indians and Indian tribes for traditional and cultural purposes, in recognition of the historic use of National Forest System lands by Indians and Indian tribes. PROPOSED REGULATIONS AGRICULTURAL MARKETING SERVICE (AMS)
Farmers' Market Promotion Program regulations: Notice of proposed rule making and request for comments, published Jan. 19, 2011, comments by March 21, 2011, comments on the information collection burden by March 21, 2011 [TEXT] The Agricultural Marketing Service proposes to establish regulations for its Farmers' Market Promotion Program (FMPP). The FMPP is a competitive grant program that makes funds available to eligible entities for projects to establish, expand, and promote farmers markets, roadside stands, community-supported agriculture programs, agritourism activities, and other direct producer-to-consumer marketing opportunities. The proposed rule would establish eligibility and application requirements, the review and approval process, and grant administration procedures for the FMPP. Additionally in accordance with the Paperwork Reduction Act, the agency announces its intention to request from the Office of Management and Budget (OMB) approval of a new information collection. Once approved, the agency will request the OMB to merge this new collection into the currently approved information collection OMB 0581-0235, entitled Farmers' Market Promotion Program. ---------------- ---------------- ----------------
The National Marine Fisheries Service prohibits directed fishing for Pacific cod by non-American Fisheries Act crab vessels subject to sideboard limits harvesting Pacific cod for processing by the inshore component in the Central Regulatory Area of the Gulf of Alaska to prevent exceeding the A season allowance of the 2011 Pacific cod sideboard limit established for non-American Fisheries Act crab vessels harvesting Pacific cod for processing by the inshore component in the Central Regulatory Area of the Gulf of Alaska. Fisheries of the exclusive economic zone off Alaska, sculpins, sharks, squid and octopus in the Gulf of Alaska: Temporary rule, closure, published Jan. 19, 2011, effective 1200 hrs. Alaska local time Jan. 13 to 2400 hrs. A.l.t. Dec. 31, 2011
The National Marine Fisheries Service prohibits directed fishing for sculpins, sharks, squid and octopus in the Gulf of Alaska to prevent exceeding the 2011 total allowable catch of sculpins, sharks, squid and octopus in the Gulf of Alaska. ---------------- ---------------- ----------------
The Federal Communications Commission solicits comment on whether to modify the existing rules for the licensing and operation of Travelers’ Information Stations to expand the scope of permitted operations. By initiating this proceeding, the agency grants a petitions for rulemaking filed by Highway Information Systems Inc. and the American Associations of State Highway and Transportation Officials requesting that the agency begin a proceeding to amend the rules for Travelers’ Information Stations. ---------------- ---------------- ----------------
Wage methodology for the temporary non-agricultural employment H–2B Program: Final rule, request for comment on specific issues, published Jan. 19, 2011, effective Jan. 1, 2012, comments by March 21, 2011 [TEXT] [PDF] The Department of Labor amends its regulations for the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This final rule revises the methodology by which the DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status. ---------------- ---------------- ----------------
The Environmental Protection Agency approves a State Implementation Plan (SIP) revision submitted by the commonwealth of Virginia. This SIP revision consists of amendments to the commonwealth's existing regulations to clarify and recodify provisions covering case-by-case reasonably available control technology (RACT), as well as to add the 1997 8-hour ozone national ambient air quality standard RACT requirements to the commonwealth's regulations. Pesticide tolerances, fluazinam: Final rule, published Jan. 19, 2011, effective Jan. 19, 2011, objections and requests for hearings by March 21, 2011
The Environmental Protection Agency establishes tolerances for residues of fluazinam in or on multiple commodities. Interregional Research Project Number 4 (IR-4) requested these tolerances. A tolerance is the amount of a toxin legally allowed on produce. PROPOSED REGULATIONS Development of emission-estimating methodologies for animal feeding operations: Call for information, published Jan. 19, 2011, information by March 7, 2011 [TEXT] The Environmental Protection Agency solicits quality-assured emissions and process data relevant to developing emissions-estimating methodologies for animal feeding operations. The EPA may use the data to supplement the emissions and process data collected under the National Air Emission Monitoring Study for animal feeding operations. Mandatory reporting of greenhouse gases, change to the reporting date for certain data elements and inputs to emission equations: Public hearing notice and extension of public comment periods, published Jan. 19, 2011, comment period for proposed Change to the Reporting Date for Certain Data Elements Required Under the Mandatory Reporting of Greenhouse Gases Rule and for the Call for Information on Inputs to Emission Equations Under the Mandatory Reporting of Greenhouse Gases Rule extended to March 7, 2011, hearing on the Call for Information on Inputs to Emission Equations Under the Mandatory Reporting of Greenhouse Gases Rule Feb. 3, 2011
On Dec. 27, 2010, the Environmental Protection Agency published a proposed Change to the Reporting Date for Certain Data Elements Required Under the Mandatory Reporting of Greenhouse Gases Rule and a Call for Information on Inputs to Emission Equations Under the Mandatory Reporting of Greenhouse Gases Rule. The EPA now provides notice of a public hearing on the Call for Information, to be held Feb. 3, 2011, and extends the comment period for both actions until March 7, 2011. Order granting objections to tolerances and denying request for a stay, sulfuryl fluoride: Proposed order, published Jan. 19, 2011, comments by April 19, 2011
The Environmental Protection Agency makes available its proposed resolution of objections and a stay request regarding sulfuryl fluoride and fluoride tolerances promulgated in 2004 and 2005 under Section 408(d) of the Federal Food, Drug, and Cosmetic Act. The objections and stay request were filed by the Fluoride Action Network, the Environmental Working Group, and Beyond Pesticides. Notwithstanding the fact that this action is a proposed resolution, and regulatory assessment requirements do not apply, the EPA invites public comment on all aspects of the proposed resolution of objections, including the underlying scientific evaluations. ---------------- ---------------- ----------------
Endangered and threatened wildlife and plants, removal of Erigeron maguirei (Maguire daisy) from federal List of Endangered and Threatened Plants, availability of final post-delisting monitoring plan: Final rule, published Jan. 19, 2011, effective Feb. 18, 2011 [TEXT] [PDF] The U.S. Fish and Wildlife Service removes the plant Erigeron maguirei (Maguire daisy) from the List of Endangered and Threatened Plants. The best scientific and commercial data available indicate that this species has recovered and no longer meets the definition of endangered or threatened under the Endangered Species Act. The agency’s review of the status of this species shows that populations are stable, threats are addressed, and adequate regulatory mechanisms are in place so that the species is not currently, and is not likely to again become, an endangered species within the foreseeable future in all or a significant part of its range. Finally, the agency announces the availability of the final post-delisting monitoring plan for Maguire daisy.
After a 90-day finding, the U.S. Fish and Wildlife Service announces that the petition to delist Oenothera californica (avita) subsp. eurekensis (Eureka Valley evening-primrose) and Swallenia alexandrae (Eureka Valley dunegrass), and reclassify the tidewater goby (Eucyclogobius newberryi), Acmispon dendroideus (Lotus scoparius subsp.) var. traskiae (San Clemente Island broom), Malacothamnus clementinus (San Clemente Island bush-mallow), and Castilleja grisea (San Clemente Island Indian paintbrush) from endangered to threatened under the Endangered Species Act provides substantial scientific or commercial information indicating that delisting these species may be warranted. Therefore, the agency initiates status reviews of these taxa to determine if delisting and reclassifying are warranted. The agency also is required to perform a status review of listed species at least once every five years, and the agency will be conducting the reviews simultaneously. The agency requests scientific and commercial data and other information regarding these species and subspecies. Endangered and threatened wildlife and plants, endangered status for sheepnose and spectaclecase mussels: Proposed rule, published Jan. 19, 2011, comments and information by March 21, 2011, written requests for public hearings by March 7, 2011
The U.S. Fish and Wildlife Service proposes to list two freshwater mussels, the spectaclecase mussel (Cumberlandia monodonta) and sheepnose (Plethobasus cyphyus) as endangered under the Endangered Species Act. If the agency finalizes this rule as proposed, it would extend the Act's protections to these species throughout their ranges, including sheepnose in Alabama, Illinois, Indiana, Iowa, Kentucky, Minnesota, Mississippi, Missouri, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin, and spectaclecase in Alabama, Arkansas, Illinois, Indiana, Iowa, Kentucky, Kansas, Minnesota, Missouri, Nebraska, Ohio, Tennessee, Virginia, West Virginia, and Wisconsin. The agency determined that critical habitat for these species is prudent, but not determinable at this time. The agency seeks data and comments from the public on this proposed listing rule. ---------------- ---------------- ----------------
The Customs and Border Protection (USCBP), Department of Homeland Security, and the Department of the Treasury amend USCBP regulations to reflect the extension of import restrictions imposed on certain archaeological material originating in Italy and representing the pre-Classical, Classical, and Imperial Roman periods of its cultural heritage, ranging in date from approximately the 9th century B.C. through approximately the 4th century A.D. The restrictions, originally imposed by Treasury Decision 01-06 and extended by USCBP Decision 06-01, expire Jan. 19, 2011. The Assistant Secretary for Educational and Cultural Affairs, U.S. Department of State, has determined that factors continue to warrant the imposition of import restrictions. Accordingly, these import restrictions remain in effect for an additional five years, and the USCBP regulations are amended to reflect this extension until Jan. 19, 2016. These restrictions are extended under determinations of the U.S. Department of State made under the terms of the Convention on Cultural Property Implementation Act that implemented the United Nations Educational, Scientific and Cultural Organization Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. This action also contains the Designated List of archaeological material of Italy that describes the articles to which the restrictions apply. Note that the Designated List has been amended to include “Coins of Italian Types” under the category “Metal.” ---------------- ---------------- ----------------
The U.S. Coast Guard enforces the Blair Waterway security zone in Commencement Bay, Wash. 12:01 a.m. Jan. 6 through 11:59 p.m. Jan. 29, 2011 for the security of Department of Defense assets and military cargo during loading and off-loading operations taking place within the Blair Waterway, Commencement Bay, Wash. Entry is prohibited during periods of enforcement unless authorized by the Captain of the Port, Puget Sound or a designated representative. --------------- --------------- U.S. CUSTOMS AND BORDER PROTECTION (USCBP) Extension of import restrictions, archaeological material originating in Italy and representing pre-classical, Classical and Imperial Roman periods: Final rule, published Jan. 19, 2011, effective Jan. 19, 2011 [TEXT] The Customs and Border Protection, Department of Homeland Security, and the Department of the Treasury amend USCBP regulations to reflect the extension of import restrictions imposed on certain archaeological material originating in Italy and representing the pre-Classical, Classical, and Imperial Roman periods of its cultural heritage, ranging in date from approximately the 9th century B.C. through approximately the 4th century A.D. The restrictions, originally imposed by Treasury Decision (T.D.) 01-06 and extended by CBP Decision (Dec.) 06-01, expire Jan. 19, 2011. The Assistant Secretary for Educational and Cultural Affairs, U.S. Department of State, has determined that factors continue to warrant the imposition of import restrictions. Accordingly, these import restrictions remain in effect for an additional 5 years, and the CBP regulations amended to reflect this extension until Jan. 19, 2016. These restrictions are extended under determinations of the U.S. Department of State made under the terms of the Convention on Cultural Property Implementation Act that implemented the United Nations Educational, Scientific and Cultural Organization Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. This action also contains the Designated List of archaeological material of Italy that describes the articles to which the restrictions apply. Note that the Designated List has been amended to include “Coins of Italian Types” under the category “Metal.” PROPOSED REGULATIONS COAST GUARD (USCG) Special local regulations, hydroplane races within the Captain of Port Puget Sound area of responsibility: Supplemental notice of proposed rulemaking, published Jan. 19, 2011, comments by Feb. 18, 2011, public meeting requests by Jan. 27, 2011 [TEXT] The U.S. Coast Guard proposes to amend its regulations to establish permanent safety zones for hydroplane races taking place on various dates within Puget Sound, in the state of Washington. This supplemental notice of proposed rulemaking changes the proposed regulation from establishing safety zones under 33 CFR Part 165 to establishing a special local regulation under 33 CFR Part 100, removes the duplicative Port Angeles race area and adds a race area in Lake Sammamish to the designated hydroplane race areas within the Captain of the Port, Puget Sound area of responsibility. When this proposed special local regulation is activated, and thus subject to enforcement, this rule would limit the movement of non-participating vessels within the regulated race areas while hydroplane races are taking place. ---------------- ---------------- ----------------
Establishments of Class E airspace, Port Clarence, Alaska: Final rule, delay of effective date, correction, published Jan. 19, 2011, effective 0901 UTC, May 5, 2011, effective date of FR Doc. 2010-25479, published Oct. 12, 2010 (75 FR 62457) and corrected by FR Doc. 2010-32293, published Dec. 27, 2010 (75 FR 62457) delayed to 0901 UTC, May 5. 2011 [TEXT] The Federal Aviation Administration changes the effective date for the establishment of Class E airspace at Port Clarence Coast Guard Station (CGS) Airport, Port Clarence, Alaska. The charting of this airspace has been delayed, so the agency is delaying the effective date of the establishment of the Class E airspace. A minor correction to a geographic coordinate also is made. ---------------- ---------------- NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)
Federal Motor Vehicle Safety Standards, ejection mitigation, phase-in reporting requirements: Final rule, published Jan. 19, 2011, effective March 1, 2011, petitions for reconsideration by March 7, 2011, compliance dates complex [TEXT] [PDF] The National Highway Traffic Safety Administration establishes a new Federal Motor Vehicle Safety Standard No. 226, “Ejection Mitigation,” to reduce the partial and complete ejection of vehicle occupants through side windows in crashes, particularly rollover crashes. The standard applies to the side windows next to the first three rows of seats, and to a part of the cargo area behind the first or second rows, in motor vehicles with a gross vehicle weight rating (GVWR) of 4,536 kilogram (kg) or less (10,000 pounds (lb) or less). To assess compliance, the agency adopts a test in which an impactor is propelled from inside a test vehicle toward the windows. The ejection mitigation safety system is required to prevent the impactor from moving more than a specified distance beyond the plane of a window. To ensure that the systems cover the entire opening of each window for the duration of a rollover, each side window will be impacted at up to four locations around its perimeter at two time intervals following deployment. The agency anticipates that manufacturers will meet the standard by modifying existing side impact air bag curtains, and possibly supplementing them with advanced glazing. The curtains will be made larger so that they cover more of the window opening, made more robust to remain inflated longer, and made to deploy in both side impacts and in rollovers. In addition, after deployment the curtains will be tethered near the base of the vehicle's pillars or otherwise designed to keep the impactor within the boundaries established by the performance test. This final rule adopts a phase-in of the new requirements, starting Sept. 1, 2013. This final rule is to advance the agency's initiatives in rollover safety and also responds to Section 10301 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. That section directs the agency to initiate and complete rulemaking to reduce complete and partial ejections of vehicle occupants from outboard seating positions, considering various ejection mitigation systems. ---------------- ---------------- PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)
Hazardous materials, harmonization with the United Nations recommendations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air: Final rule, published Jan. 19, 2011, effective Jan. 19, 2011, voluntary compliance beginning Jan. 1, 2011, delayed compliance beginning Jan. 1, 2012 [TEXT] [PDF] The Pipeline and Hazardous Materials Safety Administration amends the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport limited quantities, and vessel stowage requirements. These revisions are to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations. PROPOSED REGULATIONS FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Boeing Co. Model 777 airplanes: Notice of proposed rulemaking, published Jan. 19, 2011, comments by March 7, 2011 [TEXT] PURPOSE: This proposed airworthiness directive (AD) was prompted by a new revision to the airworthiness limitations of the maintenance planning document for Boeing Co. Model 777 airplanes. This proposed AD would require actions intended to ensure that fatigue cracking of various principal structural elements (PSEs) is detected and corrected; such fatigue cracking could adversely affect the structural integrity of these airplanes. SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for Boeing Co. Model 777 airplanes. This proposed AD would require revising the maintenance program to update inspection requirements to detect fatigue cracking of PSEs. ---------------- ---------------- ---------------- VETERANS: VETERANS (VA) NEWLY PUBLISHED REGULATIONS VA veteran-owned small business verification guidelines: Final rule, published Jan. 19, 2011, effective Feb. 18, 2011 [TEXT] The Department of Veterans Affairs affirms as final, with changes, a final rule with request for comments that implemented parts of the Veterans Benefits, Health Care, and Information Technology Act. This law requires the VA to verify ownership and control of veteran-owned small businesses, including service-disabled veteran-owned small businesses. This final rule rescinds the requirement that eligible owners work full-time in the business for which they have applied for acceptance in the Verification Program and that limits participants to a single business. It formally changes the time period for issuance of reconsideration decisions from 30 to 60 days and changes the distribution of profits for limited liability companies and employee stock ownership plans. ---------------- ---------------- ---------------- |