September 18, 2013 – Federal Register Recent Federal Regulation Documents

NMFS proposes regulations to implement an omnibus amendment to three of the Mid-Atlantic Fishery Management Council's fishery management plans. The omnibus amendment proposes to change the accountability measures for the Atlantic mackerel, Atlantic bluefish, summer flounder, scup, and black sea bass recreational fisheries. The proposed measures are intended to more appropriately address accountability in the recreational fisheries.

NMFS proposes to implement the annual catch limit (ACL), acceptable biological catch (ABC), annual catch target (ACT) and associated annual reference points for Pacific mackerel in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of July 1, 2013, through June 30, 2014. This rule is proposed according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The proposed 2013-2014 ACL for Pacific mackerel is 52,358 metric tons (mt). The proposed ACT, which will be the directed fishing harvest target, is 39,268 mt. If the fishery attains the ACT, the directed fishery will close, reserving the difference between the ACL and ACT (which is 13,089 mt) as a set aside for incidental landings in other CPS fisheries and other sources of mortality. This rule is intended to conserve and manage the Pacific mackerel stock off the U.S. West Coast.

The NCUA Board (Board) is amending its regulation governing federal credit union (FCU) ownership of fixed assets to help FCUs better understand and comply with its requirements. The final rule does not make any substantive changes to those regulatory requirements. Rather, the amendments only clarify the regulation by improving its organization, structure, and ease of use.

The Secretary waives the requirements in the Education Department General Administrative Regulations that generally prohibit project periods exceeding five years and extensions of project periods involving the obligation of additional Federal funds. This waiver and extension of the project period enables the currently funded Individuals with Disabilities Education Act (IDEA) Partnership Project (Partnership Project) to receive funding from October 1, 2013, through September 30, 2014.

On September 6, 2012, the Department of Transportation (DOT) issued a notice of proposed rulemaking (NPRM) concerning various modifications to the Department's Disadvantaged Business Enterprise (DBE) Program. In a later notice published on October 25, 2012, the Department extended the public comment period until December 24, 2012. Various commenters to the NPRM expressed interest in the Department holding a public meeting on the proposed changes prior to issuing a final rule. The Department agrees. The Department will hold a public listening session on the changes proposed in the NPRM on October 9, 2013, from 12:00 p.m. EDT to 4:00 p.m. EDT in the Department's Washington, DC headquarters. The Department is simultaneously reopening the comment period from September 18, 2013 to October 30, 2013. Interested persons from both the public and private sectors are invited to offer their views orally or in writing on specific aspects of the NPRM noted below.

NMFS issues this final rule to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council). This rule increases the 2013 commercial and recreational quotas for red snapper in the Gulf of Mexico (Gulf) reef fish fishery and re-opens the red snapper recreational season for 2013. This final rule is intended to allow increased harvest of Gulf red snapper without increasing the risk of red snapper experiencing overfishing or jeopardizing the rebuilding plan.

The Centers for Disease Control and Prevention (CDC) within the Department of Health and Human Services (HHS) is publishing this document to confirm the effective date of the Direct Final Rule (DFR), published on July 22, 2013 (78 FR 43817).

The Food and Drug Administration (FDA or we) is announcing two public meetings to discuss two proposed rules aimed at strengthening assurances that imported food meets the same safety standards as food produced domestically. The Foreign Supplier Verification Programs (FSVP) proposal establishes requirements for importers to verify that their foreign suppliers are implementing the modern, prevention- oriented food safety practices called for by the Food Safety Modernization Act (FSMA) and achieving the same level of food safety as domestic growers and processors. The second proposed rule on the Accreditation of Third-Party Auditors/Certification Bodies would strengthen the quality, objectivity, and transparency of foreign food safety audits on which many U.S. food companies and importers currently rely to help manage the safety of their global food supply chains. The purpose of these public meetings is to solicit oral stakeholder and public comments on the proposed rules and to inform the public about the rulemaking process (including how to submit comments, data, and other information to the rulemaking dockets), and to respond to questions about the proposed rules.

EPA is redesignating under the Clean Air Act (CAA) the Ohio portion of the Steubenville-Weirton area (Jefferson County, OH and Brooke and Hancock Counties, WV) to attainment for the 1997 annual and 2006 24-hour national ambient air quality standards (NAAQS or standard) for fine particulate matter (PM2.5). On April 16, and May 31, 2012, the Ohio Environmental Protection Agency (OEPA) submitted a request for EPA to redesignate the Steubenville-Weirton Ohio nonattainment area. EPA determined that the Steubenville-Weirton area has attained the 1997 annual and 2006 24-hour PM2.5 standard, and proposed to approve Ohio's request to redesignate the area on July 11, 2013. EPA's final rulemaking involves several related actions. EPA is approving, as a revision to the Ohio state implementation plan (SIP), the state's plan for maintaining the 1997 annual and 2006 24-hour PM2.5 NAAQS in the area through 2025. EPA is making a finding of insignificance for Ohio's motor vehicle emissions of nitrogen oxides (NOX) and direct PM2.5 for the Steubenville-Weirton area for transportation conformity purposes. Therefore, as Ohio requested, EPA is redesignating the Ohio portion of the Steubenville-Weirton area to attainment for the 1997 PM2.5 annual and 2006 24-hour standards.

EPA is taking direct final action to approve the State Implementation Plan (SIP) submitted by the state of Missouri on August 12, 2011. This revision will update the state general conformity rule in its entirety to bring in into compliance with the Federal general conformity rule which was updated in the Federal Register on April 5, 2010. General conformity regulations prohibit Federal agencies from taking actions that may cause or contribute to violations of the National Ambient Air Quality Standards (NAAQS). This rule applies to non- attainment and maintenance areas of the state. The revision to Missouri's rule does not have an adverse affect on air quality. EPA's approval of this SIP revision is being done in accordance with the requirements of the Clean Air Act (CAA).

We are revising the definition of retail pet store and related regulations in order to ensure that the definition of retail pet store in the regulations is consistent with the Animal Welfare Act (AWA), thereby bringing more pet animals sold at retail under the protection of the AWA. Specifically, we are narrowing the definition of retail pet store to mean a place of business or residence at which the seller, buyer, and the animal available for sale are physically present so that every buyer may personally observe the animal prior to purchasing and/ or taking custody of that animal after purchase, and where only certain animals are sold or offered for sale, at retail, for use as pets. Retail pet stores are not required to be licensed and inspected under the AWA. In addition, we are removing the limitation on the source of gross income from the licensing exemption in the regulations for any person who does not sell or negotiate the sale of any wild or exotic animal, dog, or cat and who derives no more than $500 gross income from the sale of the animals other than wild or exotic animals, dogs, or cats during any calendar year. We are also increasing from three to four the number of breeding female dogs, cats, and/or small exotic or wild mammals that a person may maintain on his or her premises and be exempt from the licensing and inspection requirements if he or she sells only the offspring of those animals born and raised on his or her premises, for pets or exhibition. This exemption applies regardless of whether those animals are sold at retail or wholesale. These actions are necessary so that all animals sold at retail for use as pets are monitored for their health and humane treatment.

The Coast Guard is establishing a temporary safety zone around all inbound and outbound grain-shipment and grain-shipment assist vessels involved in commerce with the Columbia Grain facility on the Willamette River in Portland, OR, the United Grain Corporation facility on the Columbia River in Vancouver, WA, the Temco Irving facility on the Willamette River in Portland, OR, the Temco Kalama facility on the Columbia River in Kalama, WA, or the Louis Dreyfus Commodities facility on the Willamette River in Portland, OR while they are located on the Columbia and Willamette Rivers and their tributaries. For grain- shipment vessels, this safety zone extends to waters 500 yards ahead of the vessel and 200 yards abeam and astern of the vessel. For grain- shipment assist vessels, this safety zone extends to waters 100 yards ahead of the vessel and 50 yards abeam and astern of the vessel. These safety zones are being established to ensure that protest activities related to a labor dispute do not create hazardous navigation conditions for any vessel or other river user in the vicinity of these safety zones.

This regulation establishes an exemption from the requirement of a tolerance for residues of 2,5-furandione, polymer with ethenylbenzene, hydrolyzed, 3-(dimethylamino)propyl imide, imide with polyethylene-polypropylene glycol 2-aminopropyl me ether, 2,2'-(1,2- diazenediyl)bis[2-methylbutanenitrile]-initiated (CAS Reg. No. 1062609- 13-5) when used as an inert ingredient in a pesticide formulation. Evonik Goldschmidt Corporation (Evonik) 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 2,5-furandione, polymer with ethenylbenzene, hydrolyzed, 3- (dimethylamino)propyl imide, imide with polyethylene-polypropylene glycol 2-aminopropyl me ether, 2,2'-(1,2-diazenediyl)bis[2- methylbutanenitrile]-initiated on food or feed commodities.

This regulation establishes tolerances for residues of the insecticide chlorantraniliprole in or on multiple commodities which are identified and discussed later in this document. In addition, this regulation removes established tolerances for certain commodities/ groups superseded by this action. The Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

We are adopting a new airworthiness directive (AD) for certain Honeywell ASCa Inc. emergency locator transmitters (ELTs) installed on various transport category airplanes. This AD requires various one-time general visual inspections of the ELT transmitter units (TUs), and corrective actions if necessary. This AD was prompted by a fire on a parked and unoccupied airplane; preliminary information indicated combustion in the area of the ELT TU. We are issuing this AD to detect and correct discrepancies of the battery wiring installation inside the TU, which could result in an electrical short and possible ignition source.