March 1, 2013 – Federal Register Recent Federal Regulation Documents

Filings Required of Multiple Employer Welfare Arrangements and Certain Other Related Entities
Document Number: 2013-04863
Type: Rule
Date: 2013-03-01
Agency: Employee Benefits Security Administration, Department of Labor
This document contains final rules under Title I of the Employee Retirement Income Security Act (ERISA) that implement reporting requirements for multiple employer welfare arrangements (MEWAs) and certain other entities that offer or provide benefits that consist of medical care (within the meaning of section 733(a)(2) of ERISA and 29 CFR 2590.701-2) for employees of two or more employers. These final rules amend the existing Form M-1 reporting rules by incorporating new provisions enacted as part of the Patient Protection and Affordable Care Act (the ``Affordable Care Act''). They also amend existing Form 5500 annual reporting rules for ERISA-covered plans subject to Form M-1 reporting rules. Elsewhere in this edition of the Federal Register, the Employee Benefits Security Administration is publishing final rules related to the Secretary of Labor's new enforcement authority with respect to MEWAs, a notice adopting final revisions to the Form 5500 Annual Return/Report and its instructions to add new Form M-1 compliance questions, as well as an additional notice announcing the finalized revisions to the Form M-1 and its instructions. These improvements in reporting, together with stronger enforcement tools authorized by the Affordable Care Act, are designed to reduce MEWA fraud and abuse, protecting consumers from unpaid medical bills.
Ex Parte Cease and Desist and Summary Seizure Orders-Multiple Employer Welfare Arrangements
Document Number: 2013-04862
Type: Rule
Date: 2013-03-01
Agency: Employee Benefits Security Administration, Department of Labor
This document contains two final rules under the Employee Retirement Income Security Act of 1974 (ERISA) to facilitate implementation of new enforcement authority provided to the Secretary of Labor by the Patient Protection and Affordable Care Act (Affordable Care Act). The Affordable Care Act authorizes the Secretary to issue a cease and desist order, ex parte (i.e. without prior notice or hearing), when it appears that the alleged conduct of a multiple employer welfare arrangement (MEWA) is fraudulent, creates an immediate danger to the public safety or welfare, or is causing or can be reasonably expected to cause significant, imminent, and irreparable public injury. The Secretary may also issue a summary seizure order when it appears that a MEWA is in a financially hazardous condition. The first regulation establishes the procedures for the Secretary to issue ex parte cease and desist orders and summary seizure orders with respect to fraudulent or insolvent MEWAs. The second regulation establishes the procedures for use by administrative law judges and the Secretary when a MEWA or other person challenges a temporary cease and desist order.
Proposed Amendment of Class E Airspace; Bend, OR
Document Number: 2013-04831
Type: Proposed Rule
Date: 2013-03-01
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify Class E airspace at Bend, OR to accommodate aircraft departing and arriving under Instrument Flight Rules (IFR) at Bend Municipal Airport. This action would enhance the safety and management of aircraft operations. The geographic coordinates of the airport would also be updated.
National Organic Program: Notice of Policies Addressing Kelp, Seeds and Planting Stock, Livestock Feed, and Responding to Pesticide Residue Testing
Document Number: 2013-04823
Type: Rule
Date: 2013-03-01
Agency: Agricultural Marketing Service, Department of Agriculture
The National Organic Program (NOP) is announcing the availability of three final guidance documents and one instruction document intended for use by certifying agents and certified operations. The final guidance and instruction documents are entitled as follows: ``The Use of Kelp in Organic Livestock Feed (NOP 5027); Responding to Results from Pesticide Residue Testing (NOP 2613)''; ``Seeds, Annual Seedlings, and Planting Stock in Organic Crop Production (NOP 5029)''; and ``Evaluating Allowed Ingredients and Sources of Vitamins and Minerals for Organic Livestock Feed (NOP 5030)''. These final guidance and instruction documents are intended to inform the public of NOP's current thinking on these topics.
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2013 and 2014 Harvest Specifications for Groundfish
Document Number: 2013-04822
Type: Rule
Date: 2013-03-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces final 2013 and 2014 harvest specifications and prohibited species catch allowances for the groundfish fishery of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to establish harvest limits for groundfish during the 2013 and 2014 fishing years, and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the BSAI (FMP). The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer
Document Number: 2013-04818
Type: Rule
Date: 2013-03-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the State of North Carolina is transferring a portion of its 2013 commercial summer flounder quota to the Commonwealth of Virginia and to the State of Rhode Island. NMFS is adjusting the quotas and announcing the revised commercial quota for each state involved.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catch Vessels Using Trawl Gear in the Western Regulatory Area of the Gulf of Alaska
Document Number: 2013-04815
Type: Rule
Date: 2013-03-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is opening directed fishing for Pacific cod by catcher vessels (CVs) using trawl gear in the Western Regulatory Area of the Gulf of Alaska (GOA) for 48 hours. This action is necessary to fully use the A season allowance of the 2013 Pacific cod total allowable catch apportioned to CVs using trawl gear in the Western Regulatory Area of the GOA.
Harmonization of Airworthiness Standards-Miscellaneous Structures Requirements
Document Number: 2013-04812
Type: Proposed Rule
Date: 2013-03-01
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to amend certain airworthiness regulations for transport category airplanes, based on recommendations from the Aviation Rulemaking Advisory Committee (ARAC). Adopting this proposal would eliminate regulatory differences between the airworthiness standards of the FAA and European Aviation Safety Agency (EASA). This proposal would not add new requirements beyond what manufacturers currently meet for EASA certification and would not affect current industry design practices. This proposal would revise the structural test requirements necessary when analysis has not been found reliable; clarify the quality control, inspection, and testing requirements for critical and non-critical castings; add control system requirements that consider structural deflection and vibration loads; expand the fuel tank structural and system requirements regarding emergency landing conditions and landing gear failure conditions; add a requirement that engine mount failure due to overload must not cause hazardous fuel spillage; and revise the inertial forces requirements for cargo compartments by removing the exclusion of compartments located below or forward of all occupants in the airplane.
Change in Submission Requirements for State Mitigation Plans
Document Number: 2013-04794
Type: Proposed Rule
Date: 2013-03-01
Agency: Federal Emergency Management Agency, Department of Homeland Security
This proposed rule revises the Federal Emergency Management Agency (FEMA) Mitigation Planning regulations in order to reduce the frequency of Standard State and Enhanced State Mitigation Plan updates by extending the update requirement from 3 to 5 years.
Selection and Functions of Farm Service Agency State and County Committees
Document Number: 2013-04790
Type: Rule
Date: 2013-03-01
Agency: Department of Agriculture, Office of the Secretary
The Farm Service Agency (FSA) is adopting, without change, an interim rule that amended the regulations governing the selection and functions of State and county committees. The amendments in the interim rule were needed to make the regulations consistent with the Farm Security and Rural Investment Act of 2002 (the 2002 Farm Bill) and the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). The intent of the amendments was to ensure that socially disadvantaged (SDA) farmers and ranchers are appropriately represented on county committees, to make the county committee election process more open and accountable, and to clarify requirements for committee membership in the situation where existing county committees are consolidated or combined. All of these amendments have already been implemented by FSA, except for the new provisions specifying that the Secretary may appoint a voting member to the county committee when required to ensure fair representation of SDA farmers and ranchers. Those appointments will be made starting in 2013. There will be no change in State and county committee functions and election procedures as a result of this rule.
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Redistricting and Reapportionment of Grower Members, and Changing the Qualifications for Grower Membership on the Citrus Administrative Committee
Document Number: 2013-04787
Type: Rule
Date: 2013-03-01
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule redefines districts, reapportions representation, and modifies the qualifications for membership on the Citrus Administrative Committee (Committee). The Committee is responsible for local administration of the Federal marketing order for oranges, grapefruit, tangerines, and tangelos grown in Florida (order). This final rule reduces the number of districts, reapportions representation among the districts, and allows up to four growers who are shippers or employees of a shipper to serve as grower members on the Committee. These changes adjust grower representation to reflect the composition of the industry, provide equitable representation from each district, and create the opportunity for more growers to serve on the Committee.
Federal Motor Vehicle Safety Standards; Denial of Petition for Rulemaking; Vehicle Rollover Resistance
Document Number: 2013-04759
Type: Proposed Rule
Date: 2013-03-01
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document denies a petition for rulemaking submitted by Mr. Michael Schramm requesting that the agency initiate rulemaking to establish a Federal motor vehicle safety standard (FMVSS) to prevent a vehicle from being steered into a rollover at any speed. Mr. Schramm has applied to patent a device he believes will enable vehicles to meet his requested standard. After review of Mr. Schramm's petition, we believe the petition lacks sufficient data to support proposing and promulgating a safety standard. Further, it might create conflicts with existing standard and consumer information metrics. Therefore, NHTSA is denying Mr. Schramm's petition.
Safety Zone; Underwater Escape Event, Seaport, East River, NY
Document Number: 2013-04731
Type: Rule
Date: 2013-03-01
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce a safety zone in the Captain of the Port New York Zone on the specified date and time. This action is necessary to ensure the safety of participants, vessels and spectators from hazards associated with the escape artist event and associated pyrotechnics display. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port (COTP).
Special Local Regulation; Annual Marine Events on the Colorado River, Between Davis Dam (Bullhead City, AZ) and Headgate Dam (Parker, AZ) Within the San Diego Captain of the Port Zone
Document Number: 2013-04730
Type: Rule
Date: 2013-03-01
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the Parker International Water Ski Race Special Local Regulation located upon the Colorado River from 8 a.m. through 5 p.m. on March 9 and March 10, 2013. The event will cover an area beginning at the Blue Water Marina in Parker, AZ, and extending approximately 10 miles to La Paz County Park. This action is necessary provide for the safety of the participants, crew, spectators, sponsor vessels of the race, and general users of the waterway. During the enforcement period, no spectators shall anchor, block, loiter in, or impede the through transit of participants or official patrol vessels in the regulated area during the effective dates and times, unless cleared for such entry by or through an official patrol vessel.
Rural Health Care Support Mechanism
Document Number: 2013-04040
Type: Rule
Date: 2013-03-01
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission reforms its universal service support program for health care, transitioning its existing Internet Access and Rural Health Care Pilot programs into a new, efficient Healthcare Connect Fund. This Fund will expand health care provider access to broadband, especially in rural areas, and encourage the creation of state and regional broadband health care networks. Access to broadband for medical providers saves lives while lowering health care costs and improving patient experiences.
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