February 8, 2013 – Federal Register Recent Federal Regulation Documents

Hexythiazox; Pesticide Tolerances
Document Number: 2013-02924
Type: Rule
Date: 2013-02-08
Agency: Environmental Protection Agency
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).
Production of FHFA Records, Information, and Employee Testimony in Legal Proceedings
Document Number: 2013-02908
Type: Proposed Rule
Date: 2013-02-08
Agency: Federal Housing Finance Agency
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.
Airworthiness Directives; Airbus Airplanes
Document Number: 2013-02898
Type: Proposed Rule
Date: 2013-02-08
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede an existing airworthiness directive (AD) that applies to all Airbus Model A318, A319, A320, and A321 series airplanes. The existing AD currently requires repetitive inspections of the upper support of the nose landing gear (NLG), and related investigative and corrective actions if necessary; and also provides an optional terminating action for the repetitive inspections. Since we issued that AD, we have determined that previously allowed terminating actions no longer address the unsafe condition and that a new terminating action is necessary. This proposed AD would require installing a new enhanced manufacturing and maintainability (EMM) braking and steering control unit (BSCU) standard and adds airplanes to the applicability. We are proposing this AD to prevent landings with the NLG turned 90 degrees from centerline, which could result in reduced controllability of the airplane.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2013-02896
Type: Proposed Rule
Date: 2013-02-08
Agency: Federal Aviation Administration, Department of Transportation
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.
Hawaii Crustacean Fisheries; 2013 Northwestern Hawaiian Islands Lobster Harvest Guideline
Document Number: 2013-02887
Type: Rule
Date: 2013-02-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS establishes the annual harvest guideline for the commercial lobster fishery in the Northwestern Hawaiian Islands (NWHI) for calendar year 2013 at zero lobsters.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
Document Number: 2013-02885
Type: Rule
Date: 2013-02-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters) length overall using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the A season apportionment of the 2013 total allowable catch of Pacific cod to be harvested.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 Feet (18.3 Meters) Length Overall Using Hook-and-Line or Pot Gear in the Bering Sea and Aleutian Islands Management Area
Document Number: 2013-02883
Type: Rule
Date: 2013-02-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2013 Pacific cod total allowable catch (TAC) specified for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI.
Medical Devices; Ophthalmic Devices; Classification of the Eyelid Weight
Document Number: 2013-02862
Type: Proposed Rule
Date: 2013-02-08
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is proposing to classify the eyelid weight into class II (special controls). The eyelid weight may be adhered to the outer skin of the upper eyelid (external eyelid weight) or implanted into the upper eyelid (implantable eyelid weight), and is intended for the gravity assisted treatment of lagophthalmos (incomplete eyelid closure). FDA is also giving notice of its intent to exempt the external eyelid weight device from the premarket notification requirements of the Federal Food, Drug, and Cosmetic Act (FD&C Act). After considering public comments on the proposed classification, FDA will publish a final regulation classifying this device type.
Influenza Viruses Containing the Hemagglutinin From the Goose/Guangdong/1/96 Lineage
Document Number: 2013-02828
Type: Proposed Rule
Date: 2013-02-08
Agency: Department of Health and Human Services
With this notice, the Centers for Disease Control and Prevention (CDC), located within the Department of Health and Human Services (HHS) announces the re-opening of a public comment period for a request for information and comment published on October 17, 2012. The request for information sought information and comments from the public regarding whether highly pathogenic avian influenza (HPAI) H5N1 viruses that contain a hemagglutinin (HA) from the Goose/Guangdong/1/96 lineage, and their potential to pose a severe threat to public health and safety. The comment period closed on December 17, 2012. We are reopening the comment period to allow interested persons additional time to prepare and submit comments.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Removal of the Mount Saint Mary's College 1979 Consent Order
Document Number: 2013-02817
Type: Rule
Date: 2013-02-08
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the Maryland Department of the Environment (MDE) pertaining to the F. Keeler Company Boiler at Mount Saint Mary's College. This revision removes the Mount Saint Mary's College 1979 Consent Order (1979 Consent Order) from the Maryland SIP because the coal-fired F. Keeler Boiler has been modified by removing the coal-firing capability and converting the boiler to fire natural gas with No. 2 fuel oil as backup. EPA is approving this SIP revision because the 1979 Consent Order is no longer required as the modified gas-fired unit can comply with all visible emission and particulate requirements in the Maryland SIP, and this 1979 Consent Order is no longer required to satisfy any applicable Federal regulations or the Clean Air Act (CAA). This action is being taken under the CAA.
Tomatoes Grown in Florida; Decreased Assessment Rate
Document Number: 2013-02816
Type: Rule
Date: 2013-02-08
Agency: Agricultural Marketing Service, Department of Agriculture
This rule decreases the assessment rate established for the Florida Tomato Committee (Committee) for the 2012-13 and subsequent fiscal periods from $0.037 to $0.024 per 25-pound carton of tomatoes handled. The Committee locally administers the marketing order which regulates the handling of tomatoes grown in Florida. Assessments upon Florida tomato handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Removal of the Mount Saint Mary's College 1979 Consent Order
Document Number: 2013-02814
Type: Proposed Rule
Date: 2013-02-08
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Maryland Department of the Environment (MDE) for the purpose of removing Mount Saint Mary's College 1979 Consent Order from the Maryland SIP. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because EPA views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rulemaking action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this rulemaking action should do so at this time.
Revision of Regulations Defining Bona Fide Cotton Spot Markets
Document Number: 2013-02811
Type: Proposed Rule
Date: 2013-02-08
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is proposing to amend the regulation that specifies which states compose bona fide cotton spot markets in order to assure consistency with the revised Cotton Research and Promotion Act. Updated bona fide spot market definitions will allow for published spot quotes to consider spot prices of cotton marketed in Kansas and Virginia. AMS is also proposing to amend references to the ``New York Cotton Exchange'' to read the ``Intercontinental Exchange.''
Kiwifruit Grown in California; Proposed Amendments to Marketing Order
Document Number: 2013-02810
Type: Proposed Rule
Date: 2013-02-08
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on five proposed amendments to Marketing Order No. 920 (order) which regulates the handling of kiwifruit grown in California. The amendments were proposed by the Kiwifruit Administrative Committee (Committee or KAC), which is responsible for local administration of the order. The five proposals would amend the marketing order by adding authority to recommend and conduct production and postharvest research, adding authority to recommend and conduct market research and development projects, adding authority to receive and expend voluntary contributions, amending procedures to specify that recommendations for production research and market development be approved by eight members of the Committee, and updating provisions regarding alternate members' service on the Committee.
Designation of Offenses
Document Number: 2013-02765
Type: Proposed Rule
Date: 2013-02-08
Agency: Department of Justice, Bureau of Prisons
The Bureau of Prisons (Bureau) proposes to remove rules which designate various offenses as sexual offenses for purposes of U.S. Code because that provision, which necessitated regulations, has been repealed in relevant part.
Glycine max
Document Number: 2013-02699
Type: Rule
Date: 2013-02-08
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of the Glycine max herbicide-resistant acetolactate synthase (GM-HRA) enzyme when used as a plant-incorporated protectant inert ingredient in or on the food and feed commodities of soybean. Pioneer Hi-Bred International, Inc. (DuPont Pioneer), submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Glycine max herbicide-resistant acetolactate synthase enzyme in or on the food and feed commodities of soybean.
National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010
Document Number: 2013-02584
Type: Proposed Rule
Date: 2013-02-08
Agency: Department of Agriculture, Food and Nutrition Service
This rule proposes to amend the National School Lunch Program and School Breakfast Program regulations consistent with amendments made in the Healthy, Hunger-Free Kids Act of 2010 (HHFKA). The HHFKA requires that the Secretary promulgate proposed regulations to establish nutrition standards for foods sold in schools other than those foods provided under the Child Nutrition Act of 1966 (CNA) and the Richard B. Russell National School Lunch Act (NSLA). The HHFKA amends the CNA, requiring that such standards shall be consistent with the most recent Dietary Guidelines for Americans and that the Secretary shall consider authoritative scientific recommendations for nutrition standards; existing school nutrition standards, including voluntary standards for beverages and snack foods; current State and local standards; the practical application of the nutrition standards; and special exemptions for infrequent school-sponsored fundraisers (other than fundraising through vending machines, school stores, snack bars, a la carte sales and any other exclusions determined by the Secretary). The HHFKA also amended the NSLA to require that schools participating in the National School Lunch Program make potable water available to children at no charge in the place where lunches are served during the meal service. These proposed changes are intended to improve the health and well-being of the Nation's children, increase consumption of healthful foods during the school day and create an environment that reinforces the development of healthy eating habits.
Airworthiness Directives; MD Helicopters, Inc., Helicopters
Document Number: 2013-02582
Type: Rule
Date: 2013-02-08
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for MD Helicopters, Inc. (MDHI) Model 500N, 600N and MD900 helicopters to require determining the cure date for each NOTAR fan blade tension- torsion strap (T-T strap), establishing a calendar-time retirement life for certain T-T straps, reducing the retirement life of certain T-T straps, marking each T-T strap with the expiration date, creating a component record card for each T-T strap, and revising the airworthiness limitations section of the maintenance manual to reflect the changes to the retirement life. This AD was prompted by a report from the T-T strap manufacturer that, over a period of time, moisture may reduce the strength of a T-T strap. The actions are intended to prevent failure of a T-T strap, loss of directional control and subsequent loss of control of the helicopter.
Medicare, Medicaid, Children's Health Insurance Programs; Transparency Reports and Reporting of Physician Ownership or Investment Interests
Document Number: 2013-02572
Type: Rule
Date: 2013-02-08
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule will require applicable manufacturers of drugs, devices, biologicals, or medical supplies covered by Medicare, Medicaid or the Children's Health Insurance Program (CHIP) to report annually to the Secretary certain payments or transfers of value provided to physicians or teaching hospitals (``covered recipients''). In addition, applicable manufacturers and applicable group purchasing organizations (GPOs) are required to report annually certain physician ownership or investment interests. The Secretary is required to publish applicable manufacturers' and applicable GPOs' submitted payment and ownership information on a public Web site.
Hazard Communication; Corrections and Technical Amendment
Document Number: 2013-01416
Type: Rule
Date: 2013-02-08
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA is correcting its regulations that were amended by the Hazard Communication Standard final rule, published in the Federal Register on March 26, 2012. The majority of the corrections are to references inadvertently missed in the original publication of the final rule. Other corrections include correcting values or notations in tables, and updating references to terms.
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