January 16, 2013 – Federal Register Recent Federal Regulation Documents

The Food and Drug Administration (FDA) is announcing the availability of, and requesting comment on, a document entitled ``Draft Qualitative Risk Assessment of Risk of Activity/Food Combinations for Activities (Outside the Farm Definition) Conducted in a Facility Co- Located on a Farm'' (the draft RA). The purpose of the draft RA is to provide a science-based risk analysis of those activity/food combinations that would be considered low risk. FDA conducted this draft RA to satisfy requirements of the FDA Food Safety Modernization Act (FSMA) to conduct a science-based risk analysis and to consider the results of that analysis in rulemaking that is required by FSMA. Elsewhere in this issue of the Federal Register, FDA is using the results of the draft RA to propose to exempt food facilities that are small or very small businesses that are engaged only in specific types of on-farm manufacturing, processing, packing, or holding activities identified in the draft RA as low-risk activity/food combinations from the requirements of the Federal Food, Drug, and Cosmetic Act (FD&C Act) for hazard analysis and risk-based preventive controls.

The Coast Guard will be establishing a temporary safety zone around the southern one-third of Anchorage 9 (Mantua Creek Anchorage) due to dredging operations. The Dredge Florida will be working along with several support barges and tugs to install approximately 8,000 feet of submerged pipeline and approximately 3,000 feet of floating pipeline crossing through this portion of the anchorage. This regulation is necessary to provide for the safety of life on the navigable waters of the Mantua Creek Anchorage. This closure is intended to restrict vessel anchoring to protect mariners from the hazards associated with an ongoing dredging operation.

NMFS is implementing 2013-2015 specifications and management measures for Atlantic mackerel, and 2013 specifications for butterfish. Specifications for longfin squid and Illex squid were set for 3 years in 2012 (2012-2014) and therefore are not included in this year's specification rulemaking. These final specifications also implement regulatory changes to the longfin squid fishery, the butterfish mortality cap to avoid 1-2 week closures at the end of a Trimester, and the pre-trip observer notification for longfin squid trips landing over 2,500 lb (1.3 mt) from 72 to 48 hr. Compared to 2012, the butterfish domestic annual harvest implemented in this action (2,570 mt) represents an increase of 1,698 mt over the 2012 domestic annual harvest (872 mt). The butterfish mortality cap implemented in this action (4,464 mt) represents an increase of 1,299-mt over the current 2012 cap level (3,165 mt). Due to the increase in the proposed butterfish quota, this action also implements a variety of management measures for controlling effort in the directed butterfish fishery, including changes to trip limits, the closure threshold for the directed fishery, and post-closure trip limits. Finally, this rule implements minor corrections to existing regulatory text, to clarify the intent of the regulations. These specifications and management measures promote the utilization and conservation of the Atlantic mackerel, squid, and butterfish resource.

We, the National Marine Fisheries Service (NMFS), propose a rule to designate a nonessential experimental population of Central Valley spring-run Chinook salmon (Oncorhynchus tshawytscha) under section 10(j) of the Endangered Species Act (ESA) in portions of the San Joaquin River, and to establish take exemptions for the proposed nonessential experimental population for particular activities inside the experimental population's geographic range and outside of the current evolutionarily significant unit (ESU) designated boundary of the species in the San Joaquin River tributaries and in the Delta. A draft environmental assessment (EA) has been prepared on this proposed action and is available for comment (see ADDRESSES and INSTRUCTIONS section below).

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 747-200B, 747-300, 747-400, 747-400D, 747-400F series airplanes, and Model 767 series airplanes, powered by General Electric (GE) CF6-80C2 engines. This proposed AD was prompted by reports of failure of the electro-mechanical brake flex shaft (short flexshaft) of the thrust reverser actuation system (TRAS). This proposed AD would require replacing the short flexshaft on each engine with a new short flexshaft, testing of the electro-mechanical brake and center drive unit (CDU) cone brake to verify the holding torque, and performing related investigative and corrective actions if necessary. We are proposing this AD to prevent an uncommanded in-flight thrust reverser deployment and consequent loss of control of the airplane.

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Authorization Validated End-User (VEU) listings for four VEUs in the People's Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to update VEU Advanced Micro Devices China Inc.'s (AMD China) current list of eligible destinations. BIS also amends the authorization of VEU Lam Research Corporation (Lam) by updating the addresses of ten eligible destinations and reformatting the list of Lam's existing eligible destinations into groups associated with specific eligible items. BIS also updates the EAR to amend the addresses and lists of eligible items for VEUs SK hynix Semiconductor (China) Ltd. and SK hynix Semiconductor (Wuxi) Ltd. Finally, BIS amends Supplement No. 7 to part 748 of the EAR to include language reminding exporters that the language in the Supplement does not supersede other requirements in the EAR. These amendments to the authorizations of the named VEUs are not the result of activities of concern. The respective changes were prompted by factors arising from the companies' normal course of business or are being done at the request of the companies.

This document corrects the final regulations and removal of temporary regulations (TD 9608) that were published in the Federal Register on Friday, December 28, 2012 (77 FR 76400) relating to the disclosure or use of tax return information by tax return preparers.

This regulation establishes tolerances for residues of spiromesifen in or on tea, dried. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This final action sets forth identification and certification procedures to implement provisions of the Shark Conservation Act, which amended the High Seas Driftnet Fishing Moratorium Protection Act (Moratorium Protection Act), to address shark conservation in areas beyond any national jurisdiction. This action also amends the definition of illegal, unreported, or unregulated (IUU) fishing for purposes of the Moratorium Protection Act.

This regulation establishes tolerances for residues of fluroxypyr in or on rice bran and rice grain. Dow AgroSciences LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

To minimize the risk of serious adverse health consequences or death from consumption of contaminated produce, the Food and Drug Administration (FDA) is proposing to establish science-based minimum standards for the safe growing, harvesting, packing, and holding of produce, meaning fruits and vegetables grown for human consumption. FDA is proposing these standards as part of our implementation of the FDA Food Safety Modernization Act (FSMA). These standards would not apply to produce that is rarely consumed raw, produce for personal or on-farm consumption, or produce that is not a raw agricultural commodity. In addition, produce that receives commercial processing that adequately reduces the presence of microorganisms of public health significance would be eligible for exemption from the requirements of this rule. The proposed rule would set forth procedures, processes, and practices that minimize the risk of serious adverse health consequences or death, including those reasonably necessary to prevent the introduction of known or reasonably foreseeable biological hazards into or onto produce and to provide reasonable assurances that the produce is not adulterated on account of such hazards. We expect that the proposed rule, if finalized as proposed, would reduce foodborne illness associated with the consumption of contaminated produce.