February 8, 2013 – Federal Register Recent Federal Regulation Documents

This regulation establishes tolerances for residues of hexythiazox in or on alfalfa and timothy. Gowan Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Scientific evidence demonstrates that the climate is changing at an increasingly rapid rate, outside the range to which society has adapted in the past. Climate change can pose significant challenges to the EPA's ability to fulfill its mission. The U.S. Environmental Protection Agency is committed to identifying and responding to the challenges that a changing climate poses to human health and the environment. It is essential; therefore, that the EPA adapt to climate change in order to continue fulfilling its statutory, regulatory and programmatic requirements, chief among these protection of human health and the environment. Adaptation will involve anticipating and planning for changes in climate and incorporating considerations of climate change into many of the Agency's programs, policies, rules and operations to ensure they are effective under changing climatic conditions. Adaptation also necessitates close coordination between EPA and its many partners and stakeholders. EPA and other Federal Agencies and Departments have developed draft Agency Climate Change Adaptation Plans in response to the President's October 2009 Executive Order (E.O. 13514``Federal Leadership in Environmental, Energy, and Economic Performance'') and the March, 2011 Implementing Instructions to all Federal Department and Agencies. Today, EPA announces the availability of a public review draft of its Agency Plan. The draft Plan will be available for a 60-day public review.

On February 2, 2013, the Department of Commerce (the Department) and Mexican tomato growers/exporters accounting for a significant percentage of all fresh tomatoes imported into the United States from Mexico initialed a draft agreement that would suspend a resumed antidumping investigation on fresh tomatoes from Mexico. Based on this draft agreement, and if an acceptable agreement is reached, we anticipate that the Mexican tomato growers/exporters will withdraw from the 2008 Agreement in order to enter into a new agreement. If the Mexican tomato growers/exporters withdraw from the 2008 Agreement, the Agreement will no longer cover substantially all imports of fresh tomatoes from Mexico. Accordingly, the Department of Commerce would terminate the suspension agreement and resume the antidumping investigation. In addition, in the event the Department terminates the suspension agreement and resumes the investigation, the Department intends to terminate the ongoing sunset review. Conclusion of a new agreement would result in suspension of the resumed investigation.

The Federal Housing Finance Agency (FHFA) proposes a regulation governing the production of FHFA records, information or employee testimony in connection with legal proceedings in which neither the United States, nor FHFA is a party. This proposed rule would establish requirements and procedures for demanding or requesting parties to submit demands or requests, and factors for FHFA to consider in determining whether FHFA employees will provide records, information or testimony relating to their official duties. FHFA's desirable intent is to standardize practices, promote uniformity in decisions, preserve the ability of FHFA to conduct agency business, protect confidential information, provide guidance to demanding or requesting parties, minimize involvement in matters unrelated to the agency missions and programs of FHFA, avoid wasteful allocation of agency resources, and preclude spending public time and money for private purposes.

The Department of Commerce (``the Department'') is conducting an administrative review of the countervailing duty order on certain oil country tubular goods (``OCTG'') from the People's Republic of China (``PRC''). The period of review (``POR'') is January 1, 2011, through December 31, 2011. We preliminarily determine that Wuxi Seamless Oil Pipe Co., Ltd. (``Wuxi'') and Jiangsu Chengde Steel Tube Share Co., Ltd. (``Jiangsu Chengde'') received countervailable subsidies during the POR.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-300, 747-400, 747-400D, and 747SP series airplanes. This proposed AD was prompted by reports of worn or incorrectly assembled latches on main deck escape slides installed on airplane doors. This proposed AD would require determining if the latches are correctly assembled; and corrective actions if necessary. This proposed AD also would require, for certain airplanes, modifications to the escape slide/rafts and escape slides. We are proposing this AD to prevent a latch hook moving from closed to open in an escape slide/raft or escape slide, which could result in the escape slide/raft or escape slide not deploying correctly in an emergency, or releasing/inflating into the passenger cabin and causing injury to passengers and crew.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Coeur d'Alene District Resource Advisory Council (RAC) will meet as indicated below.

On January 10, 2013, Academy Express, L.L.C. (Academy), a motor carrier of passengers, filed an application for authority under 49 U.S.C. 14303 to acquire the property of Golden Ring Travel & Transportation, Inc. (Golden Ring), also a motor carrier of passengers. The Board is tentatively approving and authorizing the transaction, and, if no opposing comments are timely filed, this notice will be the final Board action. Persons wishing to oppose the application must follow the rules set forth at 49 CFR 1182.5 and 1182.8.

We, the U.S. Fish and Wildlife Service, have issued the following permits to conduct certain activities with endangered species under the authority of the Endangered Species Act, as amended (Act).

The Department of Homeland Security, Office of Health Affairs Chemical Defense Program, will submit the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35).

In accordance with the Federal Advisory Committee Act (5 U.S.C. app 2) and implementing regulation 41 CFR 101-6, announcement is made for the following committee meeting to discuss National Industrial Security Program policy matters.

This action adds a service to the Procurement List that will be provided by a nonprofit agency employing persons who are blind or have other severe disabilities.

The Merit Systems Protection Board (MSPB or Board) announces the opportunity to file amicus briefs in the matter of Thomas F. Day v. Department of Homeland Security, MSPB Docket Number SF-1221-12-0528-W- 1, currently pending before the Board on interlocutory appeal. The administrative judge certified for interlocutory review the question of whether the provisions of the Whistleblower Protection Enhancement Act of 2012 (WPEA), 112 Public Law 199, may be applied retroactively to pending cases involving conduct occurring prior to its effective date. Of particular relevance in Day is the question of the retroactive effect of section 101(b)(2)(B) of the WPEA, which provides in relevant part that a disclosure made to an alleged wrongdoer or during an employee's normal course of duties is not excluded from protection against reprisal under 5 U.S.C. 2302(b)(8). In Huffman v. Office of Personnel Management, 263 F.3d 1341, 1352 (Fed. Cir. 2001), the U.S. Court of Appeals for the Federal Circuit held that a disclosure made as part of an employee's normal duties, and through normal channels, was not protected under the Whistleblower Protection Act (WPA). The court in Huffman further held that a complaint made to a supervisor regarding the supervisor's own alleged wrongdoing was not protected under the WPA. Id. at 1350. The Board has applied the holdings in Huffman as binding precedent. See, e.g., Stiles v. Department of Homeland Security, 116 M.S.P.R. 263, ] 15 (2011). Therefore, the Board must determine in Day whether to apply the WPEA standard or the Huffman standard in determining whether disclosures that occurred prior to the effective date of the WPEA are entitled to protection. Information about the Day case and the WPEA may be found on the Board's Web site at www.mspb.gov/SignificantCases. Interested individuals or organizations may submit amicus briefs or other comments on the question presented in Day no later than March 1, 2013. Amicus briefs must be filed with the Clerk of the Board. Briefs shall not exceed 30 pages in length. The text shall be double-spaced, except for quotations and footnotes, and the briefs shall be on 8\1/2\ by 11 inch paper with one inch margins on all four sides. All amicus briefs received will be posted on the Board's Web site at www.mspb.gov/ SignificantCases after March 1, 2013.