Agriculture: agriculture (usda) newly published regulations
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Federal Regulation Brief Oct. 9, 2009 AGRICULTURE: AGRICULTURE (USDA) NEWLY PUBLISHED REGULATIONS FOOD AND NUTRITION SERVICE (FNS)
Special Supplemental Nutrition Program for Women, Infants and Children (WIC), vendor cost containment: Final rule, published Oct. 8, 1009 effective Nov. 9, 2009 [TEXT] The Food and Nutrition Service adopts, with changes, an interim rule published Nov. 29, 2005 amending the WIC regulations. The final rule incorporates into program regulations new legislative requirements for vendor cost containment that affect the selection, authorization, and reimbursement of retail vendors. These requirements are contained in the Child Nutrition and WIC Reauthorization Act of 2004, enacted June 30, 2004. The final rule reflects the statutory provisions that require state agencies to implement a vendor peer group system, competitive price criteria, and allowable reimbursement levels in a manner that ensures the WIC Program pays authorized vendors competitive prices for supplemental foods. It also requires state agencies to ensure vendors that derive more than 50 percent of their annual food sales revenue from WIC food instruments (above-50-percent vendors) do not cause higher food costs for the program than do other vendors (regular vendors). The intent of these provisions is to maximize the number of eligible women, infants, and children served with available federal funding. PROPOSED REGULATIONS FOOD SAFETY AND INSPECTION SERVICE (FSIS)
Changes in fees for meat, poultry, and egg products inspection services: Proposed rule, published Oct. 8 2009, comments by Nov. 9, 2009 [TEXT] The Food Safety and Inspection Service proposes to amend its regulations to establish formulas for calculating the fees it charges meat and poultry establishments, egg products plants, importers, and exporters for providing voluntary inspection, identification and certification services, overtime and holiday inspection services, and laboratory services. If the rule becomes effective, the FSIS will calculate these fees based on the formulas. For future fiscal years, the FSIS will calculate the fees on an annual basis and apply them at the start of the fiscal year. The agency also proposes to increase the codified flat annual fee for its Accredited Laboratory Program. --------------- --------------- ---------------
ATMOSPHERIC ADMINISTRATION (NOAA) Fisheries of the exclusive economic zone off Alaska, reallocation of yellowfin sole in the Bering Sea and Aleutian Islands management area: Temporary rule, reallocation, published Oct. 8, 2009, effective Oct. 5 to 2400 hrs. Alaska local time Dec. 31, 2009 [TEXT] The National Marine Fisheries Service reallocates the projected unused amount of the 2009 yellowfin sole total allowable catch assigned to the Bering Sea and Aleutian Islands trawl limited access sector to the Amendment 80 cooperative in the Bering Sea and Aleutian Islands management area. This action is to allow the 2009 total allowable catch of yellowfin sole to be fully harvested. --------------- --------------- ---------------
The Postal Regulatory Commission proposes rules to address issuance of, compliance with and enforcement of administrative subpoenas directed to the U.S. Postal Service. The proposed rules also address orders related to depositions and interrogatory responses. The agency has developed this proposed rule in response to new statutory authority. The agency invites comments on its proposed approach to implementation of this new authority. ---------------- ---------------- ----------------
The Environmental Protection Agency approves the Delaware State Implementation Plan revision submitted Aug 12, 2005. The revision contains a regulation to reduce engine idling time for operation of most heavy-duty vehicles in the state, with certain exceptions. Approval and promulgation of air quality implementation plans, update to materials incorporated by reference, Missouri: Final rule, notice of administrative change, published Oct. 8, 2009, effective Oct. 8, 2009
The Environmental Protection Agency updates the materials submitted by Missouri incorporated by reference into the state implementation plan (SIP). The regulations affected by this update have been previously submitted by the state agency and approved by the EPA. This update affects the SIP materials available for public inspection at the National Archives and Records Administration, the Air and Radiation Docket and Information Center at the EPA Headquarters in Washington, DC, and the Regional Office. Approval and promulgation of implementation plans, corrections to the Arizona and Nevada state implementation plans: Direct final rule, published Oct. 8, 2009, effective Dec. 7, 2009 unless the Environmental Protection Agency receives adverse comments by Nov. 9, 2009
The Environmental Protection Agency deletes certain statutes and rules erroneously approved by the EPA under the Clean Air Act as part of the Arizona and Nevada state implementation plans. The rules that are the subject of this rule were adopted by Pima County Health Department in Arizona and the State Environmental Commission, Clark County District Board of Health, and Washoe County District Board of Health in Nevada. The statutes and rules that the EPA is deleting relate to general declarations of policy, advisory committees, variances, and incidental fees and nuisance odors. Standards of performance for coal preparation and processing plants: Final rule, published Oct. 8, 2009, effective Oct. 8, 2009
The Environmental Protection Agency promulgates amendments to the new source performance standards for coal preparation and processing plants. These final amendments include revisions to the emission limits for particulate matter and opacity standards for thermal dryers, pneumatic coal cleaning equipment, and coal handling equipment (coal processing and conveying equipment, coal storage systems, and coal transfer and loading systems) at coal preparation and processing plants. These revised limits apply to affected facilities that commence construction, modification, or reconstruction after April 28, 2008. The amendments also establish a sulfur dioxide (SO2) emission limit and a combined nitrogen oxide (NOX) and carbon monoxide (CO) emissions limit for thermal dryers at coal preparation and processing plants. In addition, the amendments establish work practice standards to control fugitive coal dust emissions from open storage piles at coal preparation and processing plants. The SO2 limit, the NOX/CO limit, and the work practice standards apply to affected facilities that commence construction, modification, or reconstruction of which commences after May 27, 2009. The EPA also modifies the definition of thermal dryer to include both direct contact and indirect contact thermal dryers drying all coal ranks. The EPA modifies the definition of pneumatic coal-cleaning equipment to include equipment cleaning all coal ranks. The EPA also amends the definition of coal for subpart Y to include coal refuse. The modified definitions of thermal dryer, pneumatic coal cleaning equipment, and coal are used to determine whether and how the standards apply to facilities that commence construction, modification, or reconstruction after May 27, 2009. PROPOSED REGULATIONS Approval and promulgation of air quality implementation plans, regulation to reduce idling of heavy-duty vehicles, Delaware: Proposed rule published Oct. 8, 2009, written comments by Nov. 9, 2009 [TEXT] The Environmental Protection Agency proposes to approve the State Implementation Plan revision submitted by the state of Delaware for the purpose of reducing engine idling time for operation of most heavy-duty motor vehicles in the state, with certain exceptions. Approval and promulgation of implementation plans, corrections to the Arizona and Nevada State Implementation Plans: Proposed rule, published Oct. 8, 2009, comments by Nov. 9, 2009
The Environmental Protection Agency proposes to delete certain statutes and rules erroneously approved by the EPA under the Clean Air Act as part of the Arizona and Nevada state implementation plans. The rules that are the subject of this proposal were adopted by Pima County Health Department in Arizona and the State Environmental Commission, Clark County District Board of Health, and Washoe County District Board of Health in Nevada. The statutes and rules the EPA proposes to delete relate to general declarations of policy, advisory committees, variances, and incidental fees and nuisance odors. ---------------- ---------------- ----------------
Endangered and threatened wildlife and plants, designation of critical habitat for the southwest Alaska Distinct Population Segment of the northern sea otter: Final rule, published Oct. 8, 2009, effective Nov. 9, 2009 [TEXT] The U.S. Fish and Wildlife Service designates critical habitat for the southwest Alaska Distinct Population Segment of the northern sea otter (Enhydra lutris kenyoni) under the Endangered Species Act of 1973, as amended. In total, approximately 15,164 square kilometers fall within the boundaries of the critical habitat designation. The entire critical habitat is in Alaska. Endangered and threatened wildlife and plants, Listing Lepidium papilliferum (Slickspot Peppergrass) as a threatened species throughout its range: Final rule, published Oct. 8, 2009, effective Dec. 7, 2009, effective date extended to 60 days after publication in the Federal Register to allow the U.S. Bureau of Land Management to finish conferring with the agency under Section 7(a)(4) of the Act on the BLM's issuance of grazing permits within the range of Lepidium papilliferum
The U.S. Fish and Wildlife Service determines that Lepidium papilliferum (slickspot peppergrass), a plant species from southwest Idaho, is a threatened species under the Endangered Species Act of 1973, as amended. This final rule implements the federal protections provided by the Act for this species. The agency has determined that critical habitat for L. papilliferum is prudent but not determinable at this time. PROPOSED REGULATIONS FISH AND WILDLIFE SERVICE (USFWS)
Endangered and threatened wildlife and plants, revised critical habitat for the Prebles meadow jumping mouse, Colorado: Proposed rule, published Oct. 8, 2009, comments and information by Dec. 7, 2009, written requests for public hearings by Nov. 23, 2009 [TEXT] The U.S. Fish and Wildlife Service proposes to revise designated critical habitat for the Preble's meadow jumping mouse (Zapus hudsonius preblei) in Colorado, where it is listed as threatened in a significant part of the range under the Endangered Species Act of 1973. The proposed revised critical habitat would add 184 miles of rivers and streams and 18,462 acres of land to the existing critical habitat designation of 234 miles or river and streams and 20,680 acres of land in Boulder, Broomfield, Douglas, El Paso, Jefferson, Larimer and Teller Counties in Colorado. Endangered and threatened wildlife and plants, revised designation of critical habitat for California red-legged frog (Rana aurora draytonii): Proposed rule, reopening of comment period, availability of revised draft economic analysis, and amended required determinations, published Oct. 8, 2009, comments by Nov. 9, 2009
The U.S. Fish and Wildlife Service announces the reopening of the comment period on its Sept. 16, 2008, and April 28, 2009, proposal to revise the designation of critical habitat for the California red-legged frog under the Endangered Species Act of 1973. The USFWS also announces the availability of a revised draft economic analysis. The USFWS reopens the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed revision of critical habitat and the associated revised DEA. Comments previously submitted on this rulemaking do not need to be resubmitted as they have already been incorporated into the public record and will be considered in preparation of the final rule. Refuge specific regulations, public use, Kodiak National Wildlife Refuge: Proposed rule, published Oct. 8, 2009, comments by Dec. 7, 2009, written requests for public hearings by Nov. 23, 2009 [TEXT] The U.S. Fish and Wildlife Service proposes to amend its regulations for Kodiak National Wildlife Refuge (NWR) to codify decisions from its 2007 Kodiak NWR Revised Comprehensive Conservation Plan (CCP). The USFWS proposes to: amend its current seasonal closure of the O'Malley River area to public use within Kodiak National Wildlife Refuge to allow operation of a bear-viewing program; prohibit camping within one-quarter mile of public use cabins and federal and state administrative facilities on the Kodiak NWR; and prohibit snowmachine use on approximately 4,972 acres of important brown-bear denning habitat in the Den Mountain area. The USFWS also proposes technical corrections to the authorities section of its regulations. The USFWS seeks comments from the public on this proposed rule. ---------------- ---------------- ----------------
Economic Performance, published Oct. 8, 2009 [TEXT] President Obama has issued an executive order to all departments and agencies of the federal government to increase energy efficiency; reduce their greenhouse gas emissions from direct and indirect activities; conserve and protect water resources through efficiency, reuse, and stormwater management; eliminate waste, recycle, and prevent pollution; leverage agency acquisitions to foster markets for sustainable technologies and environmentally preferable materials, products, and services; design, construct, maintain, and operate high performance sustainable buildings in sustainable locations; strengthen the vitality and livability of the communities in which federal facilities are located. ---------------- ---------------- ---------------- MONEY: FEDERAL RESERVE SYSTEM (FRS) PROPOSED REGULATIONS Extensions of credit by federal reserve banks: Proposed rule, published Oct. 8, 2009, written comments by Nov. 9, 2009 [TEXT] The Board of Governors of the Federal Reserve System publishes for public comment a proposed amendment to Regulation A that would provide a process by which the Federal Reserve Bank of New York may determine the eligibility of credit rating agencies and the ratings they issue for use in the Term Asset-Backed Securities Loan Facility, which is maintained by the Federal Reserve Bank of New York and for which the Board has expressly set a particular credit rating requirement for collateral offered by the borrower. This proposed amendment is designed to provide the Federal Reserve Bank of New York with a consistent framework for determining the eligibility of ratings issued by individual credit rating agencies when used in conjunction with a separate asset-level risk assessment process. The proposed amendment does not represent a change in the stance of monetary policy ---------------- ---------------- ----------------
In accordance with the requirements of the Privacy Act of 1974, as amended, the Department of the Treasury exempts a new Internal Revenue Service (IRS) system of records entitled “Treasury/IRS 50.222--Tax Exempt/Government Entities (TE/GE) Case Management Records” from certain provisions of the Privacy Act. ---------------- ---------------- ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB)
[TEXT] This Treasury decision establishes the 23,941-acre “Happy Canyon of Santa Barbara” American viticultural area in Santa Barbara County, California. This viticultural area lies within the larger Santa Ynez Valley viticultural area and the multicounty Central Coast viticultural area. The Alcohol and Tobacco Tax and Trade Bureau designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. ---------------- ---------------- ----------------
The U.S. Coast Guard confirms that the direct final rule entitled Anchorage Regulations, Port of New York, published July 1, 2009 in the Federal Register (74 FR 31354), became effective Sept. 29, 2009. Anchorages, new and revised anchorages in the Captain of the Port Portland, Oregon, area of responsibility: Final rule, published Oct. 8, 2009, effective Nov. 9, 2009
The U.S. Coast Guard establishes a new anchorage, modifies existing anchorages and revises the regulations for anchorages in the Captain of the Port Portland, Ore. area of responsibility. These changes are to ensure that there are sufficient anchorage opportunities in that area, and to clarify the locations of those anchorage opportunities. In addition, the changes are to help prevent conflicts with navigable channels and other uses of anchorage waters. Regulated area, Fleet Week Parade of Navy Ships, Blue Angels Flight Demonstrations and Ship Tours: Notice of enforcement of regulation, published Oct. 8, 2009, enforcement dates complex
The U.S. Coast Guard enforces the special local regulations in the navigable waters of San Francisco Bay for the annual U.S. Navy and City of San Francisco sponsored Fleet Week Parade of Navy Ships, Blue Angels Flight Demonstrations and Ship Tours to be held Oct. 8 to Oct. 12, 2009. During the enforcement period, no people or vessels may enter the regulated area without permission of the Captain of the Port or a designated representative. The regulations in 33 CFR 100.1105(b)(2), regulated area “Bravo” for the U.S. Navy Blue Angels Activities, is enforced 12:30 p.m. to 5 p.m. Oct. 8 to Oct. 11, 2009. If the U.S. Navy Blue Angels Activities are delayed by inclement weather, the regulation will also be enforced 12:30 p.m. to 5 p.m. Oct. 12, 2009. The regulations in 33 CFR 100.1105(b)(1), regulated area “Alpha” for Navy Parade of Ships, is enforced 10:30 a.m. to 1 p.m. Oct. 10, 2009. ---------------- ---------------- ----------------
Special conditions, Boeing Model 747–8/–8F airplanes, structural design requirements for four-post main landing gear system: Final special conditions, published Oct. 8, 2009, effective Nov. 9, 2009 [TEXT] The Federal Aviation Administration issues these special conditions, as modified by Boeing, for the Boeing Model 747-8/-8F airplane. This airplane will have novel or unusual design features associated with a four-post main landing gear system. ---------------- ---------------- FEDERAL HIGHWAY ADMINISTRATION (FHWA)
Interoperability requirements, standards, or performance specifications for automated toll collection systems: Final rule, published Oct. 8, 2009, effective Nov. 9, 2009 [TEXT] The Federal Highway Administration adds a new Part to the Code of Federal Regulations, to add regulations specifying the interoperability requirements for automated toll collection systems for the facilities tolled under any of the tolling programs contained in Section 1604 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Specifically, this rulemaking requires facilities operating with authority under Section 1604 of SAFETEA-LU to use electronic toll collection (ETC) systems and to maximize their system's interoperability with other toll facilities. Although a nationwide interoperability standard has not yet been established, this rule seeks to accelerate progress toward achieving nationwide interoperability by requiring these facilities to upgrade their ETC systems to the national standards whenever adopted. PROPOSED REGULATIONS FEDERAL AVIATION ADMINISTRATION (FAA)
Proposed special conditions, Boeing Model 747–8/–8F series airplanes, design roll maneuver requirement: Notice of proposed special conditions, published Oct. 8, 2009, comments by Nov. 9, 2009 [TEXT] The Federal Aviation Administration proposes special conditions for the Boeing Model 747-8/-8F airplane. This airplane, s modified by Boeing, will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. These design features include an electronic flight control system that provides roll control of the airplane through pilot inputs to the flight computers. Additional special conditions will be issued for other novel or unusual design features of the Boeing 747-8/-8F airplanes. ---------------- ---------------- ---------------- |