June 13, 2013 – Federal Register Recent Federal Regulation Documents

The Coast Guard is establishing a temporary safety zone for all waters of the Lower Mississippi River beginning at mile marker 219 and ending at mile marker 229, extending the entire width of the river, in the vicinity of Port Allen Lock. This safety zone is needed to protect persons and vessels from the potential safety hazards associated with high water. Entry into this zone is prohibited unless vessels have met the specified instructions or specifically authorized by the Captain of the Port, New Orleans or a designated representative.

This administrative final rule amends the regulations pertaining to execution and filing of forms in order to reflect the new address of the Oregon/Washington State Office of the Bureau of Land Management (BLM), which will move on August 5, 2013. All filings and other documents relating to public lands in the States of Oregon and Washington must be filed at the new address of the State Office.

This document contains corrections to final regulations (TD 9612) that were published in the Federal Register on Tuesday, February 5, 2013 (78 FR 7997) relating to the tax treatment of noncompensatory options and convertible instruments issued by a partnership. The final regulations generally provide that the exercise of a noncompensatory option does not cause the recognition of immediate income or loss by either the issuing partnership or the option holder. The final regulations also modify the regulations under section 704(b) regarding the maintenance of the partners' capital accounts and the determination of the partners' distributive shares of partnership items. The final regulations also contain a characterization rule providing that the holder of a noncompensatory option is treated as a partner under certain circumstances.

The Coast Guard is proposing a temporary special local regulation on the navigable waters of the Atlantic Ocean off Long Beach, NY during the Long Beach Regatta Powerboat Race scheduled for August 24-25, 2013. This action is necessary to provide for the safety of life of participants and spectators during this event. Entering into, transiting through, remaining, anchoring or mooring within these regulated areas would be prohibited unless authorized by the Captain of the Port (COTP) Sector Long Island Sound.

We, the U.S. Fish and Wildlife Service (Service) evaluated the classification status of gray wolves (Canis lupus) currently listed in the contiguous United States and Mexico under the Endangered Species Act of 1973, as amended (Act). Based on our evaluation, we propose to remove the gray wolf from the List of Endangered and Threatened Wildlife but to maintain endangered status for the Mexican wolf by listing it as a subspecies (Canis lupus baileyi). We propose these actions because the best available scientific and commercial information indicates that the currently listed entity is not a valid species under the Act and that the Mexican wolf (C. l. baileyi) is an endangered subspecies. In addition, we recognize recent taxonomic information indicating that the gray wolf subspecies, Canis lupus lycaon, which occurs in southeastern Canada and historically occurred in the northeastern United States and portions of the upper Midwest (eastern and western Great Lakes regions) United States, should be recognized as a separate species, Canis lycaon. This proposed rule also constitutes the completion of a status review for gray wolves in the Pacific Northwest initiated on May 5, 2011. Finally, this proposed rule replaces our May 5, 2011, proposed action to remove protections for C. lupus in all or portions of 29 eastern states (76 FR 26086).

Physicians and adjudicators use chest radiographs (X-rays) as a tool in evaluating whether a coal miner suffers from pneumoconiosis (black lung disease). Accordingly, the Department's regulations implementing the Black Lung Benefits Act allow the submission of radiographs in connection with benefit claims and set out quality standards for their performance. These standards are currently limited to film radiographs. In recent years, many medical facilities have phased out film radiography in favor of digital radiography. This proposed rule would update the existing film-radiograph standards and provide parallel standards for digital radiographs. The proposed rule would also update outdated terminology and remove certain obsolete provisions.

The Occupational Safety and Health Administration (``OSHA'' or ``the Agency'') proposes to update its general industry and construction signage standards by adding references to the latest versions of the American National Standards Institute (``ANSI'') standards on specifications for accident prevention signs and tags, ANSI Z535.1-2006(R2011), Z535.2-2011, and Z535.5-2011. OSHA also is proposing to retain the existing references to the earlier ANSI standards, ANSI Z53.1-1967, Z35.1-1968, and Z35.2-1968, in its signage standards, thereby providing employers an option to comply with the updated or earlier standards. In addition, OSHA is proposing to incorporate by reference Part VI of the Manual of Uniform Traffic Control Devices (``MUTCD''), 1988 Edition, Revision 3, into the incorporation-by-reference section of the construction standards, having inadvertently omitted this edition of the MUTCD from this section during an earlier rulemaking, and amend citations in two provisions of the construction standards to show the correct incorporation-by-reference section. In addition, OSHA is publishing a direct final rule in today's Federal Register adding the same references.

NMFS issues this final rule to implement Amendment 9 (Amendment 9) to the Fishery Management Plan for the Shrimp Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule revises the criteria and procedures by which a South Atlantic state may request a concurrent closure of the exclusive economic zone (EEZ) to the commercial harvest of penaeid shrimp (brown, pink, and white shrimp) when state waters close as a result of severe winter weather. Amendment 9 also revises the overfished and overfishing status determination criteria for pink shrimp. The purpose of this rule is to increase the flexibility and timeliness of the criteria and process for implementing a concurrent closure of penaeid shrimp harvest in the EEZ to maximize protection of overwintering white shrimp in the South Atlantic.