April 24, 2013 – Federal Register Recent Federal Regulation Documents

Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program, Part 2
Document Number: 2013-09723
Type: Rule
Date: 2013-04-24
Agency: Employment and Training Administration, Department of Labor, Department of Homeland Security
The Department of Homeland Security (DHS) and the Department of Labor (DOL) (jointly referred to as the Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This interim final rule revises how DOL provides the consultation that DHS has determined is necessary to adjudicate H-2B petitions by revising the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with the application for certification; the prevailing wage is then used in petitioning DHS to employ nonimmigrant workers in H-2B status. DOL and DHS are jointly issuing this rule in response to the court's order in Comit[eacute] de Apoyo a los Trabajadores Agricolas v. Solis, which vacated portions of DOL's current prevailing wage rate regulation, and to ensure that there is no question that the rule is in effect nationwide in light of other outstanding litigation. This rule also contains certain revisions to DHS's H-2B rule to clarify that DHS is the Executive Branch agency charged with making determinations regarding eligibility for H-2B classification, after consulting with DOL for its advice about matters with which DOL has expertise, particularly, in this case, questions about the methodology for setting the prevailing wage in the H-2B program.
Pears Grown in Oregon and Washington; Committee Membership Reapportionment for Processed Pears
Document Number: 2013-09722
Type: Rule
Date: 2013-04-24
Agency: Agricultural Marketing Service, Department of Agriculture
This rule reapportions the membership of the Processed Pear Committee (Committee) established under the Oregon-Washington pear marketing order. The marketing order regulates the handling of processed pears grown in Oregon and Washington, and is administered locally by the Committee. This rule reapportions the processor membership such that the three processor members and alternate members will be selected from the production area at-large rather than from a specific district. In an industry with few processors, this change will provide the flexibility needed to help ensure that all processor member positions are filled, resulting in effective representation of the processed pear industry on the Committee.
Special Local Regulation; Tuscaloosa Dragon Boat Races; Black Warrior River; Tuscaloosa, AL
Document Number: 2013-09721
Type: Rule
Date: 2013-04-24
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary special local regulation for a portion of the Black Warrior River, Tuscaloosa, AL. This action is necessary for the safety of participants and spectators on during the Junior League of Tuscaloosa Dragon Boat Races. Entry into, transiting or anchoring in this area is prohibited to all vessels not registered with the sponsor as participants or not part of the regatta patrol, unless specifically authorized by the Captain of the Port (COTP) Mobile or a designated representative.
Special Local Regulation; Hebda Cup Rowing Regatta, Trenton Channel; Detroit River, Wyandotte, MI
Document Number: 2013-09718
Type: Rule
Date: 2013-04-24
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary special local regulation on the Trenton Channel of the Detroit River, Wyandotte, Michigan. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after the Hebda Cup Rowing Regatta. This special local regulation will establish restrictions upon, and control movement of, vessels in a portion of the Trenton Channel. During the enforcement period, no person or vessel may enter the regulated area without permission of the Captain of the Port.
Safety Zone; 12th Annual Saltwater Classic; Port Canaveral Harbor; Port Canaveral, FL
Document Number: 2013-09709
Type: Rule
Date: 2013-04-24
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the waters of the Port Canaveral Harbor in Port Canaveral, Florida during the 12th Annual Saltwater Classic. The event is scheduled to take place on Saturday, April 27, 2013. This temporary safety zone is necessary for the safety of participant vessels, spectators, and the general public during the event. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Jacksonville or a designated representative.
Azoxystrobin; Pesticide Tolerances
Document Number: 2013-09701
Type: Rule
Date: 2013-04-24
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of azoxystrobin in or on multiple commodities discussed later in this document. Syngenta Crop Protection, LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Pears Grown in Oregon and Washington; Modification of the Assessment Rate for Fresh Pears
Document Number: 2013-09679
Type: Rule
Date: 2013-04-24
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the Fresh Pear Committee (Committee) for the 2012-2013 and subsequent fiscal periods from $0.366 to $0.449 per standard box or equivalent of summer/fall pears handled, and decreases the assessment rate from $0.471 to $0.449 per standard box or equivalent of fresh winter pears handled. The Committee locally administers the marketing order that regulates the handling of fresh pears grown in Oregon and Washington. Assessments upon Oregon-Washington fresh pear handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Atlantic Highly Migratory Species; Atlantic Shark Management Measures
Document Number: 2013-09671
Type: Proposed Rule
Date: 2013-04-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On October 7, 2011, we published an NOI to prepare an EIS for Amendment 5 to the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) to address the results of recent shark stock assessments for several shark species, including dusky sharks. In that notice, based on the 2010/2011 Southeast Data, Assessment and Review (SEDAR) assessments for sandbar, dusky, and blacknose sharks, we declared that the status of the dusky shark stock is still overfished and still experiencing overfishing (i.e., their stock status has not changed). On November 26, 2012, we published a proposed rule for draft Amendment 5 to the 2006 Consolidated HMS FMP. After fully considering the public comments received on draft Amendment 5 and its proposed rule, we decided that further analysis and consideration of management approaches, data sources, and available information are needed for dusky sharks beyond those considered in the proposed rule. Thus, we announce our intent to prepare a separate EIS under the National Environmental Policy Act (NEPA) to conduct further analyses and explore management options specific to rebuilding and ending overfishing of dusky sharks. This EIS would assess the potential effects on the human environment of action to rebuild and end overfishing of the dusky shark stock, consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Through the rulemaking process, we would amend the 2006 Consolidated HMS FMP and examine management alternatives available to rebuild dusky sharks and end overfishing, as necessary.
Generator Requirements at the Transmission Interface
Document Number: 2013-09645
Type: Proposed Rule
Date: 2013-04-24
Agency: Department of Energy, Federal Energy Regulatory Commission
Pursuant to section 215 of the Federal Power Act (FPA),\1\ the Commission proposes to approve modifications to four existing Reliability Standards as submitted by the North American Electric Reliability Corporation (NERC), the Commission certified Electric Reliability Organization. Specifically, the Commission is proposing to approve Reliability Standards FAC-001-1 (Facility Connection Requirements), FAC-003-3 (Transmission Vegetation Management), PRC-004- 2.1a (Analysis and Mitigation of Transmission and Generation Protection System Misoperations), and PRC-005-1.1b (Transmission and Generation Protection System Maintenance and Testing). The proposed modifications improve reliability either by extending their applicability to certain generator interconnection facilities, or by clarifying that the existing Reliability Standard is and remains applicable to generator interconnection facilities. The Commission also proposes to approve the related Violation Risk Factors and Violation Severity Levels, as well as the implementation plan and effective dates proposed by NERC.
Version 5 Critical Infrastructure Protection Reliability Standards
Document Number: 2013-09643
Type: Proposed Rule
Date: 2013-04-24
Agency: Department of Energy, Federal Energy Regulatory Commission
Pursuant to section 215 of the Federal Power Act, the Commission proposes to approve the Version 5 Critical Infrastructure Protection Reliability Standards, CIP-002-5 through CIP-011-1, submitted by the North American Electric Reliability Corporation, the Commission-certified Electric Reliability Organization. The proposed Reliability Standards, which pertain to the cyber security of the bulk electric system, represent an improvement over the current Commission- approved CIP Reliability Standards as they adopt new cyber security controls and extend the scope of the systems that are protected by the CIP Reliability Standards. The Commission is concerned, however, that limited aspects of the proposed CIP version 5 Standards are potentially ambiguous and, ultimately, raise questions regarding the enforceability of the standards. Therefore, the Commission proposes to direct that NERC develop certain modifications to the CIP version 5 Standards to address the matters identified by the Commission.
National Guard Bureau Privacy Program
Document Number: 2013-09619
Type: Proposed Rule
Date: 2013-04-24
Agency: Department of Defense, Office of the Secretary
This proposed rule establishes policies and procedures for the National Guard Bureau (NGB) Privacy Program. The NGB is a Joint Activity of the Department of Defense (DoD). This rule will cover the privacy policies and procedures associated with records created and under the control of the Chief, NGB that are not otherwise covered by existing DoD, Air Force, or Army rules.
Safety Zone; Pasquotank River; Elizabeth City, NC
Document Number: 2013-09609
Type: Rule
Date: 2013-04-24
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a safety zone on the navigable waters of the Pasquotank River in Elizabeth City, NC in support of the Fireworks display for the Potato Festival. This action is necessary to protect the life and property of the maritime public and spectators from the hazards posed by aerial fireworks displays. Entry into or movement within this safety zone during the enforcement period is prohibited without approval of the Captain of the Port.
Safety Zones; Fireworks Events in Captain of the Port New York Zone
Document Number: 2013-09608
Type: Rule
Date: 2013-04-24
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce various safety zones in the Captain of the Port New York Zone on the specified dates and times. This action is necessary to ensure the safety of vessels and spectators from hazards associated with fireworks displays. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port (COTP).
Minimum Technical Standards for Class II Gaming Systems and Equipment
Document Number: 2013-09604
Type: Rule
Date: 2013-04-24
Agency: Department of the Interior, National Indian Gaming Commission
The National Indian Gaming Commission (NIGC or Commission) is amending its rules regarding technical standards for Class II gaming systems and equipment to harmonize the charitable gaming exemption amount in the technical standards with the charitable gaming exemption amount in its Class II minimum internal control standards.
New Mailing Standards for Live Animals and Special Handling
Document Number: 2013-09603
Type: Proposed Rule
Date: 2013-04-24
Agency: Postal Service, Agencies and Commissions
The Postal Service is proposing to revise Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) 503.14 and 601.9.3 to require special handling service for shipments containing certain types of live animals, to limit the mail classes available for use when shipping certain types of live animals, and to expand the mailability of live animals domestically to include any adult bird weighing no more than 25 pounds.
Petition for Reconsideration of Action in a Rulemaking Proceeding
Document Number: 2013-09601
Type: Proposed Rule
Date: 2013-04-24
Agency: Federal Communications Commission, Agencies and Commissions
In this document, a Petition for Reconsideration and Clarification (Petition) has been filed in the Commission's rulemaking proceeding by Kevin Rupy on behalf of United States Telecom Association.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Koppers Co., Inc. (Florence Plant) Superfund Site
Document Number: 2013-09540
Type: Proposed Rule
Date: 2013-04-24
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 4 is issuing a Notice of Intent to Delete the Koppers Co., Inc. (Florence Plant) Superfund Site (Site) located in Florence, South Carolina, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the South Carolina Department of Health and Environmental Control (SCDHEC) have determined that no further response activities under CERCLA are appropriate. However, this deletion does not preclude future actions under Superfund.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2013-09432
Type: Rule
Date: 2013-04-24
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all The Boeing Company Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes. This AD was prompted by fuel system reviews conducted by the manufacturer. This AD requires adding design features to detect electrical faults and to detect a pump running in an empty fuel tank. We are issuing this AD to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Airworthiness Directives; Eurocopter France Helicopters
Document Number: 2013-09420
Type: Rule
Date: 2013-04-24
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing emergency airworthiness directive (EAD) for Eurocopter France (Eurocopter) Model AS350B3 helicopters with certain part-numbered laminated half-bearings (bearings) and tail rotor (T/R) blades installed. The existing EAD currently requires installing two placards and revising the Rotorcraft Flight Manual (RFM). The EAD also requires certain checks and inspecting and replacing, if necessary, all four bearings. Finally, the EAD requires a one-time removal and inspection of the bearings, and replacing the bearings if necessary. Since we issued that EAD, we have determined that newly-designed helicopters with other part-numbered T/R blades may be affected by this unsafe condition and that the requirements should allow the bearing removal and inspection to be performed before the last flight of the day. This superseding AD removes the bearing and T/R blade part numbers (P/N) from the applicability paragraph and clarifies when the bearing removal and inspection is required. The actions are intended to prevent vibration due to a failed bearing, failure of the T/R, and subsequent loss of control of the helicopter.
Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012
Document Number: 2013-08811
Type: Proposed Rule
Date: 2013-04-24
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) sought comment on certain proposals to implement provisions of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Safety Spectrum Act) governing deployment of a nationwide public safety broadband network in the 700 MHz band under a nationwide license issued to the First Responder Network Authority (FirstNet). In particular, the Commission considered the adoption of initial rules to protect against harmful radio frequency interference in the spectrum designated for public safety services, as well as other matters related to FirstNet's license and to facilitating the transition directed under the Public Safety Spectrum Act. The proposals considered in the document are intended to provide a solid foundation for FirstNet's operations, taking into account FirstNet's need for flexibility in carrying out its statutory duties under the Public Safety Spectrum Act to establish a nationwide public safety broadband network.
Reconsideration of Certain New Source Issues: National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units
Document Number: 2013-07859
Type: Rule
Date: 2013-04-24
Agency: Environmental Protection Agency
The EPA is taking final action on its reconsideration of certain issues in the final rules titled, ``National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel- Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units.'' The National Emission Standards for Hazardous Air Pollutants (NESHAP) rule issued pursuant to Clean Air Act (CAA) section 112 is referred to as the Mercury and Air Toxics Standards (MATS) NESHAP, and the New Source Performance Standards rule issued pursuant to CAA section 111 is referred to as the Utility NSPS. The Administrator received petitions for reconsideration of certain aspects of the MATS NESHAP and the Utility NSPS. On November 30, 2012, the EPA granted reconsideration of, proposed, and requested comment on a limited set of issues. We also proposed certain technical corrections to both the MATS NESHAP and the Utility NSPS. The EPA is now taking final action on the revised new source numerical standards in the MATS NESHAP and the definitional and monitoring provisions in the Utility NSPS that were addressed in the proposed reconsideration rule. As part of this action, the EPA is also making certain technical corrections to both the MATS NESHAP and the Utility NSPS. The EPA is not taking final action on requirements applicable during periods of startup and shutdown in the MATS NESHAP or on startup and shutdown provisions related to the PM standard in the Utility NSPS.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.