Agriculture: agriculture (usda) newly published regulations
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- COMMERCE: COMMERCE (DOC) PROPOSED REGULATIONS
- CONSUMER PRODUCT SAFETY COMMISSION (CPSC) NEWLY PUBLISHED REGULATIONS
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- ENVIRONMENT, ENERGY RESOURCES: ENERGY (DOE) PROPOSED REGULATIONS
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Federal Regulation Brief Aug. 3, 2011 AGRICULTURE: AGRICULTURE (USDA) NEWLY PUBLISHED REGULATIONS AGRICULTURAL MARKETING SERVICE (AMS)
National Organic Program; Sunset Review: Final rule, published Aug. 3, 2011, effective Sept. 12, 2011 [TEXT] The Agricultural Marketing Service continues the exemption (use) of 12 substances (along with any restrictive annotations) on the USDA’s National List of Allowed and Prohibited Substances, on the recommendation of the National Organic Standards Board. PROPOSED REGULATIONS AGRICULTURAL MARKETING SERVICE (AMS)
Continuance referenda, sweet cherries grown in designated counties in Washington: Referendum order, published Aug. 3, 2011, referendum conducted Nov. 5 through Nov. 18, 2011, to vote in this referendum, growers must have grown sweet cherries in designated counties in Washington during the period April 1, 2010, through March 31, 2011 [TEXT] The Agricultural Marketing Service directs that a referendum be conducted among eligible Washington sweet cherry growers to determine whether they favor continuance of the marketing order regulating the handling of sweet cherries grown in designated counties in Washington. ---------------- ---------------- ----------------
ATMOSPHERIC ADMINISTRATION (NOAA) Fisheries of the Caribbean, Gulf of Mexico and South Atlantic, snapper–grouper fishery off southern Atlantic states, control date for commercial wreckfish sector: Advanced notice of proposed rulemaking, consideration of a control date, published Aug. 3, 2011, written comments by 5 p.m. local time Sept. 2, 2011 [TEXT] The National Marine Fisheries Service is establishing a new control date of March 11, 2011, to control future access to the commercial wreckfish sector of the snapper-grouper fishery operating in the exclusive economic zone of the South Atlantic. If changes to the management regime are developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act, a control date could be used to limit the number of participants in this commercial sector. This announcement is to promote awareness of the potential eligibility criteria for future access so as to discourage speculative entry into this sector while the South Atlantic Fishery Management Council and the agency consider whether and how access to the commercial wreckfish sector should be controlled. Western Pacific bottomfish and seamount groundfish fisheries, 2011–12 main Hawaiian Islands Deep 7 bottomfish annual catch limits and accountability measures: Proposed specification, published Aug. 3, 2011, comments by Aug. 18, 2011 [TEXT] To support the long-term sustainability of Hawaii bottomfish, the National Marine Fisheries Service proposes to specify a quota of 325,000 lb of Deep 7 bottomfish in the main Hawaiian Islands for the 2011-12 fishing year, based on a proposed annual catch limit of 346,000 lb. When the fishery is projected to reach the quota, the agency would close, as an accountability measure, the commercial and non-commercial fisheries for main Hawaiian Islands Deep 7 bottomfish for the remainder of the fishing year. --------------- --------------- ---------------
The Consumer Product Safety Commission issues a notice of requirements that provides the criteria and process for the agency’s acceptance of accreditation of third party conformity assessment bodies for testing, under the Consumer Product Safety Improvement Act’s consumer product safety standards for toys. ---------------- ---------------- ----------------
Group health plans and health insurance issuers relating to coverage of preventive services under Patient Protection and Affordable Care Act, amendment: Interim final rules with request for comments, published Aug. 3, 2011, effective Aug. 1, 2011, comments by Sept. 30, 2011, applicable generally to group health plans and group health insurance issuers Aug. 1, 2011 [TEXT] The Internal Revenue Service, Department of the Treasury, the Employee Benefits Security Administration, and the Centers for Medicare & Medicaid Services, Department of Health and Human Services issue amendments to the interim final regulations implementing the rules for group health plans and health insurance coverage in the group and individual markets under provisions of the Patient Protection and Affordable Care Act regarding preventive health services. ---------------- ---------------- ----------------
Revision to Form No. 6: Notice of proposed rulemaking, published Aug. 3, 2011, comments by Oct. 3, 2011 [TEXT] [PDF] The Federal Energy Regulatory Commission proposes to amend the instructions on page 700 of FERC Form No. 6 to ensure that pipelines report interstate-only barrel and barrel-mile data and not a combination of interstate and intrastate throughput. The agency also proposes to direct pipelines that reported combined interstate and intrastate data on lines (1) through (12) of page 700 of their 2010 Form 6 to file a revised page 700 containing only interstate data for the years 2009 and 2010. ---------------- ---------------- ----------------
Based on review of new toxicity test data, the Environmental Protection Agency proposes to amend the significant new use rule (SNUR) for the chemical substance identified generically as tris carbamoyl triazine, which was the subject to premanufacture notice P-95-1098. This action would amend the SNUR to allow certain uses without requiring a significant new use notice (SNUN), and would extend SNUN requirements to certain additional uses. ---------------- ---------------- ----------------
Endangered and threatened wildlife and plants, removal of Echinacea tennesseensis (Tennessee Purple Coneflower) from the federal List of Endangered and Threatened Plants: Final rule, availability of final post-delisting monitoring Plan, published Aug. 3, 2011, effective Sept. 2, 2011 [TEXT] [PDF] The U.S. Fish and Wildlife Service removes the plant Echinacea tennesseensis (Tennessee purple coneflower) from the List of Endangered and Threatened Plants. This action is based on a thorough review of the best scientific and commercial data available, which indicate that this species has recovered and no longer meets the definition of threatened or endangered 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 E. tennesseensis. Marine mammals, incidental take during specified activities: Final rule, published Aug. 3, 2011, effective Aug.3, 2011 through Aug. 3, 2016
The Fish and Wildlife Service has developed regulations that would authorize the nonlethal, incidental, unintentional take of small numbers of polar bears and Pacific walruses during year-round oil and gas industry exploration, development, and production operations in the Beaufort Sea and adjacent northern coast of Alaska. Industry operations for the covered period include types of activities similar to those covered by the previous 5-year Beaufort Sea incidental take regulations effective from Aug. 2, 2006, through Aug. 2, 2011. The agency finds that the total expected takings of polar bears and Pacific walruses during oil and gas industry exploration, development, and production activities will have a negligible impact on these species and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. The agency says that this finding is based on the results of 17 years of data on the encounters and interactions between polar bears, Pacific walruses, and the industry; recent studies of potential effects of Industry on these species; oil spill risk assessments; potential and documented industry impacts on these species; and current information regarding the natural history and status of polar bears and Pacific walruses. ---------------- ---------------- ----------------
The U.S. Nuclear Regulatory Commission has decided to consider the issues raised in a petition for rulemaking submitted by Ms. Mary Riemersma, on behalf of the California Association of Marriage and Family Therapists, to add marriage and family therapists as substance abuse experts. ---------------- ---------------- ----------------
The Internal Revenue Service, Department of the Treasury, the Employee Benefits Security Administration, Department of Labor, and the Centers for Medicare & Medicaid Services issue amendments to the interim final regulations implementing the rules for group health plans and health insurance coverage in the group and individual markets under provisions of the Patient Protection and Affordable Care Act regarding preventive health services. PROPOSED REGULATIONS CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)
Medicaid and Children's Health Insurance Programs, disallowance of claims for FFP and technical corrections: Proposed rule, published Aug. 3, 2011, comments by 5 p.m. Sept. 2, 2011 [TEXT] The Centers for Medicare & Medicaid Services commit to the general principles of the President's Executive Order 13563 released Jan. 18, 2011, entitled “Improving Regulation and Regulatory Review,” as this rule would: implement a new reconsideration process for administrative determinations to disallow claims for federal financial participation (FFP) under Title XIX of the Act (Medicaid); lengthen the time states have to credit the federal government for identified but uncollected Medicaid provider overpayments and provide that interest will be due on amounts not credited within that time period; make conforming changes to the Medicaid and Children's Health Insurance Program disallowance process to allow states the option to retain disputed federal funds through the new administrative reconsideration process; revise installment repayment standards and schedules for states that owe significant amounts; provide that interest charges may accrue during the new administrative reconsideration process if a state chooses to retain the funds during that period. FOOD AND DRUG ADMINISTRATION (FDA)
Food labeling, gluten-free labeling of foods, reopening of comment period: Proposed rule, reopening of comment period, published Aug. 3, 2011, electronic or written comments by Oct. 3, 2011 [TEXT] The Food and Drug Administration reopens the comment period for the proposed rule on the “gluten-free” labeling of foods, published in the Jan. 23, 2007 Federal Register. In that action, the agency proposed to define the term “gluten-free,” for voluntary use in the labeling of foods, to mean that the food does not contain an ingredient that is any species of wheat, rye, barley, or a crossbred hybrid of these grains (prohibited grains); an ingredient that is derived from a prohibited grain and that has not been processed to remove gluten (e.g., wheat flour); an ingredient that is derived from a prohibited grain and that has been processed to remove gluten (e.g., wheat starch), if the use of that ingredient results in the presence of 20 parts per million (ppm) or more gluten in the food; or 20 ppm or more gluten. The agency also announced in the proposed rule that it intends to conduct a safety assessment for gluten exposure and seek comments on the safety assessment and its potential use in defining the term “gluten-free” in the final rule. A report by the agency discussing a health hazard assessment it conducted, which included a safety assessment for gluten exposure in individuals with celiac disease, has been peer reviewed by an external group of scientific experts, and the agency revised the assessment, as appropriate, based upon expert comments. The agency reopens the comment period for the proposed rule on the “gluten-free” labeling of foods to, in part, announce the availability of and solicit comments on the report entitled “Health Hazard Assessment for Effects of Gluten Exposure in Individuals with Celiac Disease: Determination of Tolerable Daily Intake Levels and Levels of Concern for Gluten”, which discusses the agency's gluten safety assessment. The agency also requests comments on whether and, if so, how, the safety assessment should affect the agency's proposed definition of “gluten-free” in the final rule, and on a number of related issues. Finally, the agency requests comments on its tentative conclusions that the safety assessment-based approach may lead to a conservative, highly uncertain estimation of risk to individuals with celiac disease associated with very low levels of gluten exposure; and that the final rule should adopt the proposed rule's approach to defining the term “gluten-free,” because that approach takes into account the availability of reliable analytical methods and also considers other practical factors related to the needs of individuals with celiac disease and their food consumption. ---------------- ---------------- ----------------
The Board of Governors of the Federal Reserve System publishes for comment a regulation to permit banking organizations under its supervision to engage in off-exchange transactions in foreign currency with retail customers. The proposed rule also describes various requirements with which banking organizations must comply to conduct such transactions. ---------------- ---------------- ----------------
The Securities and Exchange Commission adopts new Rule 13h-1 and Form 13H under Section 13(h) of the Securities Exchange Act to assist the agency in both identifying, and obtaining trading information on, market participants that conduct a substantial amount of trading activity, as measured by volume or market value, in the U.S. securities markets. Rule 13h-1 will require a “large trader,” defined as a person whose transactions in NMS securities equal or exceed 2 million shares or $20 million during any calendar day, or 20 million shares or $200 million during any calendar month, to identify itself to the agency and make certain disclosures to the agency on Form 13H. Upon receipt of Form 13H, the agency will assign to each large trader an identification number that will uniquely and uniformly identify the trader, which the large trader must then provide to its registered broker-dealers. Such registered broker-dealers will then be required to maintain records of two additional data elements in connection with transactions effected through accounts of such large traders (the large trader identification number, and the time transactions in the account are executed). In addition, the agency requires that such broker-dealers report large trader transaction information to the agency upon request through the Electronic Blue Sheets systems currently used by broker-dealers for reporting trade information. Finally, certain registered broker-dealers subject to the rule will be required to perform limited monitoring of their customers' accounts for activity that may trigger the large trader identification requirements of Rule 13h-1. The large trader reporting requirements are designed to provide the agency with a valuable source of useful data to support its investigative and enforcement activities, as well as facilitate the agency's ability to assess the impact of large trader activity on the securities markets, to reconstruct trading activity following periods of unusual market volatility, and to analyze significant market events for regulatory purposes. Security ratings: Final rule, published Aug. 3, 2011, effective dates complex [TEXT] In light of the provisions of Section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Securities and Exchange Commission adopts amendments to replace rule and form requirements under the Securities Act and the Securities Exchange Act for securities offering or issuer disclosure rules that rely on, or make special accommodations for, security ratings (for example, Forms S-3 and F-3 eligibility criteria) with alternative requirements. PROPOSED REGULATIONS Business conduct standards for security-based swap dealers and major security-based swap participants: Correction, published Aug. 3, 2011 [TEXT] In proposed rule document number 2011-16758, appearing on pages 42396-42455 in the issue of July 18, 2011, the following corrections are made: PART 240 Section 240.15Fh-3 [Corrected] On page 42455, in the third column, Section 240.15Fh-3 (f)(2), paragraph two “(g)(1)” should read “(f)(1)”. On the same page, in the same column, Section 240.15Fh-3, paragraph nine “(h)” should read “(g)”. On the same page, in the same column, third from the bottom of the page, “(i)” should read “(h)”. ---------------- ---------------- ---------------- TREASURY (USDT) NEWLY PUBLISHED REGULATIONS INTERNAL REVENUE SERVICE (IRS)
Group health plans and health insurance issuers relating to coverage of preventive services under Patient Protection and Affordable Care Act, amendment: Interim final rules with request for comments, published Aug. 3, 2011, effective Aug. 1, 2011, comments by Sept. 30, 2011, applicable generally to group health plans and group health insurance issuers Aug. 1, 2011 [TEXT] The Internal Revenue Service, the Employee Benefits Security Administration, Department of Labor, and the Centers for Medicare & Medicaid Services, Department of Health and Human Services issue amendments to the interim final regulations implementing the rules for group health plans and health insurance coverage in the group and individual markets under provisions of the Patient Protection and Affordable Care Act regarding preventive health services. PROPOSED REGULATIONS INTERNAL REVENUE SERVICE (IRS)
Indoor tanning services, cosmetic services excise taxes, public hearing: Notice of public hearing on proposed rulemaking, published Aug. 3, 2011, public hearing Oct. 11, 2011, at 10 a.m., outlines of topics to be discussed by Sept. 28, 2011 [TEXT] The Internal Revenue Service provides notice of public hearing on proposed rulemaking providing guidance on the indoor tanning services excise tax imposed by the Patient Protection and Affordable Care Act. Requirements for group health plans and health insurance issuers relating to coverage of preventive services under Patient Protection and Affordable Care Act: Notice of proposed rulemaking by cross-reference to temporary regulations, published Aug. 3, 2011, written or electronic comments and requests for a public hearing by Oct. 3, 2011
In the regulations section in this issue of the Federal Register, the Internal Revenue Service issues an amendment to temporary regulations published July 19, 2010, under the provisions of the Patient Protection and Affordable Care Act relating to coverage of preventive services without any participant cost sharing. The agency issues the temporary regulations at the same time that the Employee Benefits Security Administration of the U.S. Department of Labor and the Center for Consumer Information & Insurance Oversight of the U.S. Department of Health and Human Services issue a substantially similar amendment to interim final regulations published July 19, 2010 regarding group health plans and health insurance coverage offered in connection with a group health plan under the Employee Retirement Income Security Act and the Public Health Service Act. The temporary regulations provide guidance to employers, group health plans, and health insurance issuers providing group health insurance coverage. The text of those temporary regulations also serves as the text of these proposed regulations. ---------------- ---------------- ----------------
The U.S. Coast Guard establishes a temporary safety zone on the waters of Milwaukee Harbor in Milwaukee, Wis., to restrict vessels from part of Milwaukee Harbor during two separate fireworks displays July 31, 2011 and Aug. 26, 2011. PROPOSED REGULATIONS Ammonium Nitrate Security Program: Proposed rule, published Aug. 3, 2011, comments by Dec. 1, 2011, information collection comments by Oct. 3, 2011 [TEXT] The National Protection and Programs Directorate, Department of Homeland Security, proposes a rule that would implement anti-terrorism measures to regulate the sale and transfer of ammonium nitrate under Section 563 of the Department of Homeland Security Appropriations Act. The agency requests comments on both proposed text for such a regulation and on several practical and legal issues integral to the development of an Ammonium Nitrate Security Program. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
The Federal Emergency Management Agency requests comments on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for certain communities. The agency requests general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations. Flood elevation determinations, page 46705: Proposed rule, published Aug. 3, 2011, comments by Nov. 1, 2011
The Federal Emergency Management Agency requests comments on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for certain communities. The agency requests general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations. Flood elevation determinations, page 46715: Proposed rule correction, published Aug. 3, 2011, comments by Nov. 1, 2011
The Federal Emergency Management Agency corrects a May 25, 2010 proposed rule that contained an erroneous table. The corrected table represents the flooding sources, location of referenced elevations, effective and modified elevations and communities affected for Anne Arundel County, Maryland, and incorporated areas. Flood elevation determinations, page 46716: Proposed rule correction, published Aug. 3, 2011, comments by Nov. 1, 2011
The Federal Emergency Management Agency corrects a June 3, 2010 proposed rule that contained an erroneous table. The corrected table represents the flooding sources, location of referenced elevations, effective and modified elevations and communities affected for Lawrence County, Missouri, and incorporated areas. ---------------- ---------------- ----------------
Airworthiness directives, Bombardier, Inc. Model CL–600–2A12 (CL–601) and CL–600–2B16 (CL–601–3A, CL–601–3R, and CL–604 Variants) airplanes: Correction, published Aug. 3, 2011 [TEXT] In rule document 2011-17402 appearing on page 41653-41657, in the issue of July 15, 2011, a correction is made to Table 2--Initial Compliance Times for Airworthiness Limitations Tasks, where a fourth column title was inadvertently printed above the words “Within 240 Flight hours after the effective date of this AD.” ---------------- ---------------- SURFACE TRANSPORTATION BOARD (STB)
Regulations for fees for services performed in connection with licensing and related services–2011 update: Final rule, published Aug. 3, 2011, effective Sept. 2, 2011 [TEXT] The Surface Transportation Board adopts its 2011 User-Fee Update and revises its fee schedule to reflect a combination of increased and decreased costs, resulting from a freeze on wage and salary increases in 2011, coupled with changes to the agency's overhead & publication costs. ---------------- ---------------- ---------------- Directory: 2011 2011 -> Enterprise Network Management iPost: Implementing Continuous Risk Monitoring at the Department of State 2011 -> Voices of the Old Sea Norman Lewis 2011 -> Malevil Robert Merle 2011 -> The Elephant Keeper’s Children Peter Hoeg 2011 -> January 1: Ecstasy zZz January 2: King of Anything Sara Bareillis 2011 -> Tracks, Mixes, Masters, and More!: Analyzing Preservation Priorities for Multitrack Recordings 2011 -> Department of Electrical Engineering 2011 Annual Report 2011 -> Jv packet •Mars Colonization Affirmative •Mars Colonization Negative 2011 -> Asian Pacific Mathematical Olympiad(apmo) 2011 -> Registration Form (Rev. 8-86) omb no. 1024-0018 Download 76.84 Kb. Share with your friends:
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