Standards and Trade Related Notices from the U.S. Federal ...



U.S. Federal Register Update

June 12, 2009 – June 26, 2009

The U.S. Federal Register Update contains summaries of entries in the U.S. Federal Register that relate to the standards and conformity assessment community. Summaries are divided into items that would be of broad interest to the entire community (top section) and items that may be more targeted toward specific stakeholders (bottom section). This update is provided on a weekly basis by ANSI as a service to its members as part of the ANSI What’s New? email newsletter.

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Broad Interest Items

Topic Submission for OMB Review; Comment Request--Flammability Standards for Carpets and Rugs

Date-CFR-Ref.-Pages 06/25/2009 N/A CPSC pp. 30283-30284

Standard Ref. N/A

Summary In the Federal Register of April 16, 2009 (74 FR 17637), the Consumer Product Safety Commission (CPSC or Commission) published a notice in accordance with provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), to announce the CPSC's intention to seek extension of approval of collections of information in regulations implementing two flammability standards for carpets and rugs. The regulations are codified at 16 CFR Parts 1630 and 1631, and prescribe requirements for testing and recordkeeping by persons and firms issuing guaranties of products subject to the Standard for the Surface Flammability of Carpets and Rugs and the Standard for the Surface Flammability of Small Carpets and Rugs.

No comments were received in response to that notice. Therefore, by publication of this notice, the Commission announces that it has submitted to the Office of Management and Budget a request for extension of approval of those collections of information without change.

Topic Submission for OMB Review; Comment Request--Flammability Standards for Children's Sleepwear

Date-CFR-Ref.-Pages 06/25/2009 N/A CPSC pp. 30283-30284

Standard Ref. N/A

Summary In the Federal Register of April 16, 2009, 74 FR 17636, the Consumer Product Safety Commission (CPSC or Commission) published a notice in accordance with provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) to announce the CPSC's intention to seek extension of approval of collections of information in the flammability standards for children's sleepwear and implementing regulations.

No comments were received in response to that notice. Therefore, by publication of this notice, the Commission announces that it has submitted to the Office of Management and Budget (OMB) a request for extension of approval of that collection of information without change.

The standards and regulations are codified as the Standard for the Flammability of Children's Sleepwear: Sizes 0 Through 6X (FF3-71), 16 CFR Part 1615; and the Standard for the Flammability of Children's Sleepwear: Sizes 7 Through 14 (FF5-74), 16 CFR Part 1616. The flammability standards and implementing regulations prescribe requirements for testing and recordkeeping by manufacturers and importers of children's sleepwear subject to the standards. The information in the records required by the regulations allows the Commission to determine if items of children's sleepwear comply with the applicable standard. This information also enables the Commission to obtain corrective actions if items of children's sleepwear fail to comply with the applicable standard in a manner which creates a substantial risk of injury.

Topic Submission for OMB Review; Comment Request--Testing and Recordkeeping Requirements Under the Standard for the Flammability (Open Flame) of Mattress Sets

Date-CFR-Ref.-Pages 06/25/2009 N/A CPSC p. 30283

Standard Ref. N/A

Summary In the Federal Register of April 16, 2009 (74 FR 17636), the Consumer Product Safety Commission (CPSC or Commission) published a notice in accordance with provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), to announce the CPSC's intention to seek extension of approval of collections of information in the in the Standard for the Flammability (Open Flame) of Mattress Sets, 16 CFR part 1633. The standard prescribes a test to minimize or delay flashover when a mattress is ignited. The standard also requires manufacturers to test specimens of each of their mattress prototypes before mattresses based on that prototype may be introduced into commerce.

No comments were received in response to that notice. Therefore, by publication of this notice, the Commission announces that it has submitted to the Office of Management and Budget a request for extension of approval of those collections of information without change.

Topic Mandatory Reliability Standards for Critical Infrastructure Protection

Date-CFR-Ref.-Pages 06/24/2009 N/A FERC pp. 30067-30068

Standard Ref. N/A

Summary On March 19, 2009, the Commission issued Order No. 706-B which clarified the scope of Critical Infrastructure Protection Reliability Standards which were approved in Commission Order No. 706. The Commission is denying a request for clarification of Order No. 706-B filed by the Edison Electric Institute.

Topic Significant New Use Rules on Certain Chemical Substances

Date-CFR-Ref.-Pages 06/24/2009 40 CFR Part 721 EPA pp. 29982-29998

Standard Ref. N/A

Summary EPA is promulgating significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 23 chemical substances which were the subject of premanufacture notices (PMNs). Four of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. This action requires persons who intend to manufacture, import, or process any of these 23 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

Targeted Interest Items

Topic Medicare and Medicaid Programs; Application by the American Association for Accreditation of Ambulatory Surgery Facilities for Continued Deeming Authority for Ambulatory Surgical Centers

Date-CFR-Ref.-Pages 06/26/2009 N/A HHS pp. 30587-30588

Standard Ref. N/A

Summary This proposed notice acknowledges the receipt of an application from the American Association for Accreditation of Ambulatory Surgery Facilities (AAAASF) for continued recognition as a national accrediting organization for ambulatory surgical centers (ASCs) that wish to participate in the Medicare or Medicaid programs. The statute requires that we publish, within 60 days of receipt of an organization's complete application, a notice identifying the national accrediting body making the request, describing the nature of the request, and providing at least a 30-day public comment period.

Topic Medicare and Medicaid Programs; Application by the Joint Commission for Continued Deeming Authority for Hospitals

Date-CFR-Ref.-Pages 06/26/2009 N/A HHS pp. 30588-30590

Standard Ref. N/A

Summary This proposed notice acknowledges the receipt of a deeming application from the Joint Commission for continued recognition as a national accrediting organization for hospitals that wish to participate in the Medicare or Medicaid programs. The statute requires that we publish within 60 days of receipt of an organization's complete application, a notice that identifies the national accrediting body making the request, describes the nature of the request, and provides at least a 30-day public comment period.

Topic Medicare and Medicaid Programs; Approval of the Joint Commission's Continued Deeming Authority for Critical Access Hospitals

Date-CFR-Ref.-Pages 06/26/2009 N/A HHS pp. 30584-30587

Standard Ref. N/A

Summary Based on our review and observations, we have determined that the Joint Commission's accreditation standards for critical access hospitals (CAHs) meet or exceed our requirements. Therefore, this final notice announces our decision to approve without condition the Joint Commission's request for continued recognition as a national accreditation program for CAHs seeking to participate in the Medicare or Medicaid programs.

Topic Pipeline Safety: Incorporation by Reference Update: American Petroleum Institute (API) Standards 5L and 1104

Date-CFR-Ref.-Pages 06/26/2009 49 CFR Parts 192 and 195 DOT pp. 30476-30477

Standard Ref. API 5L, API 1104

Summary The Pipeline and Hazardous Materials Safety Administration (PHMSA) is confirming the effective date of April 14, 2009, for the direct final rule that appeared in the Federal Register on April 14, 2009. The direct final rule incorporated by reference the most recent editions of API Specification 5L, ``Specification for Line Pipe'' and API 1104, ``Welding of Pipelines and Related Facilities.''

Topic Energy Efficiency and Smart Grid Standards

Date-CFR-Ref.-Pages 06/25/2009 N/A TVA pp. 30360-30361

Standard Ref. N/A

Summary By a Notice in the Federal Register (73 FR 76736, December 16, 2008), the Tennessee Valley Authority (TVA) initially requested comments on certain standards that TVA is considering adopting for itself and the distributors of TVA power pertaining to certain energy efficiency and Smart Grid standards. The standards being considered are Integrated Resource Planning, Rate Design Modifications to Promote Energy Efficiency Investments, Consideration of Smart Grid Investments, and Smart Grid Information listed in section 111(d) of the Public Utility Regulatory Policies Act of 1978 (Pub. L. 95-617) as amended by the Energy Independence and Security Act of 2007 (Pub. L. 110-140). TVA staff has developed a report that reviews each standard and makes a preliminary recommendation with respect to each standard. TVA has posted the report on the TVA Web site (). The standards will be considered on the basis of their effect on conservation of energy, efficient use of facilities and resources, equity among electric consumers, and the objectives of the Tennessee Valley Authority Act. As part of the process of considering the standards, comments are requested from the public on the TVA staff report. TVA is also extending the comment period on the standards themselves, which are set out below.

Topic Revision of Source Category List for Standards Under Section 112(k) of the Clean Air Act; National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries; Final Rule

Date-CFR-Ref.-Pages 06/25/2009 40 CFR Part 63 EPA pp. 30365-30399

Standard Ref. ANSI/ASME PTC 19.10-1981, GACT, MACT

Summary EPA is revising the area source category list by changing the name of the ``Secondary Aluminum Production'' category to ``Aluminum Foundries'' and the ``Nonferrous Foundries, not elsewhere classified (nec)'' category to ``Other Nonferrous Foundries.'' At the same time, EPA is issuing final national emission standards for the Aluminum Foundries, Copper Foundries, and Other Nonferrous Foundries area source categories. These final emission standards for new and existing sources reflect EPA's determination regarding the generally available control technologies or management practices (GACT) for each of the three area source categories.

Topic Regulation of Fuels and Fuel Additives: Modifications to Renewable Fuel Standard Program Requirements

Date-CFR-Ref.-Pages 06/24/2009 40 CFR Part 80 EPA pp. 29948-29952

Standard Ref. N/A

Summary EPA is finalizing amendments to the Renewable Fuel Standard program requirements. Following publication of the May 1, 2007, final rule promulgating the Renewable Fuel Standard regulations, EPA discovered a number of technical errors and areas within the regulations that could benefit from clarification or modification. In parallel proposed and direct final rules published on October 8, 2008, EPA proposed to amend the regulations to make the appropriate corrections, clarifications and modifications. However, EPA received adverse comment on several provisions in the parallel proposed and direct final rules and, on November 26, 2008, withdrew those provisions from the direct final rule that drew adverse comment. In today's action, EPA is addressing the comments received on the portions of the direct final rule that were withdrawn and is finalizing those withdrawn provisions with minor clarifying changes.

Topic Export and Import of Nuclear Equipment and Material; Updates and Clarifications

Date-CFR-Ref.-Pages 06/23/2009 10 CFR Part 110 NRC pp. 29614-29630

Standard Ref. N/A

Summary The United States Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that govern the export and import of nuclear equipment and material. In addition to updating, clarifying and correcting several provisions, this proposed rule would allow Category 1 and 2 quantities of materials listed in the Commission's regulations to be imported under a general license. The proposed rule would also revise the definition of ``radioactive waste'' and remove the definition of ``incidental radioactive material.''

Topic National Volatile Organic Compound Emission Standards for Aerosol Coatings

Date-CFR-Ref.-Pages 06/23/2009 40 CFR Parts 51 and 59 EPA pp. 29595-29607

Standard Ref. N/A

Summary This action amends the National Volatile Organic Compound Emission Standards for Aerosol Coatings (aerosol coatings reactivity rule), which establishes national reactivity-based emission standards for the aerosol coatings category (aerosol spray paints) under section 183(e) of the Clean Air Act. These amendments add compounds and associated reactivity factors to Table 2--Reactivity Factors based on petitions EPA received from regulated entities, and clarify which volatile organic compounds are to be quantified in compliance determinations. Additionally, this final rule makes certain changes related to the notice required for a company to certify that it will assume the responsibility for compliance with recordkeeping and reporting requirements for a regulated entity, and it also addresses which party is liable following such a certification. Further, in this action we make minor revisions and corrections to the aerosol coatings reactivity rule. Finally, in this action we are extending the deadline for submitting the initial notifications required in one section of the aerosol coatings regulations for 30 days, until July 31, 2009.

Topic The Hexavalent Chromium Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

Date-CFR-Ref.-Pages 06/22/2009 N/A DOL pp. 29517-29518

Standard Ref. N/A

Summary OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Hexavalent Chromium (VI) (29 CFR 1910.1026) Standard, and on a potential change to burden hour and cost estimates to the Standard's employee exposure notification requirement in response to a court remand.

Topic Tire Fuel Efficiency Consumer Information Program; Proposed Rule

Date-CFR-Ref.-Pages 06/22/2009 49 CFR Part 575 NHTSA pp. 29541-29587

Standard Ref. CAFE, FMVSS, UTQGS, SAE J1269, SAE J2452, ISO 18164:2005(E), ISO 28580

Summary This document proposes a broad new consumer information program for replacement tires to inform consumers about the effect of tires on fuel efficiency, safety, and durability. This consumer information program would implement a national tire fuel efficiency rating system for replacement tires, with the information provided to consumers at the point of sale and online. Fuel efficiency ratings are expected to inform consumers so that they will be better informed about replacement tire performance. This consumer information program seeks to enhance energy security and reduce costs by improving fuel economy. Information would also be provided about safety and durability.

Topic 2009 European Union Export Certification for Fishery Products

Date-CFR-Ref.-Pages 06/19/2009 N/A DOC pp. 29184-29185

Standard Ref. N/A

Summary The National Oceanic and Atmospheric Administration Seafood Inspection Program (NOAA SIP) will become the sole certifying agency for all fish and fishery products for export to European Union (EU) or European Free Trade Association (EFTA) member countries. Due to the large volume of demand for these certificates and the need for expedient service, SIP, through this notice, is announcing a change from current practices, including fee structure, for providing Health Certificates for the EU and EFTA.

Topic Mine Rescue Teams

Date-CFR-Ref.-Pages 06/17/2009 30 CFR Part 49 DOL pp. 28606-28609

Standard Ref. N/A

Summary This final rule revises MSHA's existing standards for mine rescue teams for underground coal mines. On February 10, 2009, the United States Court of Appeals for the District of Columbia Circuit (Court) held that MSHA's Mine Rescue Teams rule, issued on February 8, 2008, is inconsistent with Section 4 of the Mine Improvement and New Emergency Response (MINER) Act in three respects. This final rule revises those portions of the existing rule in accordance with the MINER Act, consistent with the Court's decision.

Topic Safety and Environmental Management Systems for Outer Continental Shelf Oil and Gas Operations

Date-CFR-Ref.-Pages 06/17/2009 30 CFR Part 250 MMS pp. 28639-28654

Standard Ref. ISO

Summary The MMS proposes to require operators to develop and implement a Safety and Environmental Management System to address oil and gas operations in the Outer Continental Shelf. The Safety and Environmental Management System would consist of four elements--Hazards Analysis, Management of Change, Operating Procedures, and Mechanical Integrity--that, until now, have not been covered in our regulations. The MMS analyzed accident panel investigation reports, incident reports, and incidents of noncompliance and determined that the root cause of most safety and environmental accidents and incidents is one or more of these four elements. The MMS believes that requiring operators to implement a Safety and Environmental Management System will reduce the risk and number of accidents, injuries, and spills during Outer Continental Shelf activities.

Topic Notice of Public Meeting To Discuss NIOSH's Respirator Standards Development Efforts

Date-CFR-Ref.-Pages 06/16/2009 N/A HHS pp. 28509-28510

Standard Ref. N/A

Summary The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and prevention (CDC), will conduct a public meeting to discuss current respirator standards development projects for Supplied Air Respirators (SAR); Air Fed Ensembles; and Total Inward Leakage (TIL) for respirators other than filtering facepieces and halfmasks. There will be an opportunity for discussion following NIOSH's presentations and an accompanying poster session.

Topic Restructuring of the Stationary Source Audit Program

Date-CFR-Ref.-Pages 06/16/2009 40 CFR Parts 51, 60, 61 and 63 EPA pp. 28451-28466

Standard Ref. N/A

Summary The action proposes amendments to the General Provisions to allow accredited providers to supply stationary source audit samples and to require sources to obtain and use these samples from the accredited providers instead of from EPA, as is the current practice. In addition, this proposed rule incorporates by reference Volume 3, ``General Requirements for Environmental Proficiency Test Providers'' adopted December 22, 2007, as an example of an acceptable accredited proficiency test sample provider (APTSP) technical criteria document. This document outlines the criteria an accredited provider program must meet for the samples to be acceptable.

Topic Bumper Standard; Petition for Rulemaking

Date-CFR-Ref.-Pages 06/15/2009 49 CFR Part 581 NHTSA pp. 28209-28212

Standard Ref. N/A

Summary On July 1, 2008, the Insurance Institute for Highway Safety (IIHS) petitioned the agency to amend the existing bumper standard, to require compliance by light trucks, vans, and sport utility vehicles (SUVs), which NHTSA often refers to collectively as LTVs. The agency had already begun re-evaluating the bumper standard in anticipation of the vote on a Global Technical Regulation on pedestrian safety. NHTSA requests comments and information to assist the agency in determining whether to grant or deny the IIHS petition.

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