October 2, 2013 – Federal Register Recent Federal Regulation Documents

The Coast Guard seeks applications for membership on the Towing Safety Advisory Committee (TSAC). This Committee advises the Secretary of the Department of Homeland Security on matters relating to shallow-draft inland and coastal waterway navigation and towing safety. Applicants selected for service on TSAC via this solicitation will not begin their respective terms until September 30, 2014.

This notice contains a summary of a petition seeking relief from specified requirements of Title 14, Code of Federal Regulations (CFR) part 25. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

In accordance with Section 1104(b) of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended, notice is hereby given that the Appraisal Subcommittee (ASC) will meet in closed session:

The Chemical Defense Program (CDP), under the Department of Homeland Security Office of Health Affairs (OHA), is seeking Expressions of Interest (EOI) from state, local, tribal, and territorial (SLTT) government agencies to participate in a chemical defense demonstration project relative to a specific venue (e.g., indoor sports stadium, outdoor port facility, convention center). These projects will assist communities in enhancing their preparedness to respond effectively and quickly to a catastrophic chemical event. Using the DHS Form 10088 (9/12) posted on https://www.dhs.gov/publication/ eoi-form-cdp-demonstration-project, interested SLTT governmental agencies must submit the completed and signed form to the DHS OHA CDP.

On August 14, 2013, the Director of the National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) published a notice in the Federal Register [78 FR 49524] announcing a public meeting. This meeting was held on September 17, 2013 to provide (1) a summary of the work conducted by the NIOSH Personal Protective Technology (PPT) Conformity Assessment Working Group (PCAWG), (2) provide an overview of model Conformity Assessment programs, and (3) solicit input to define a national framework for PPE conformity assessment. NIOSH's National Personal Protective Technology Laboratory (NPPTL) is addressing recommendations of the Institute of Medicine (IOM) and the National Research Council based on a review of NPPTL's program activities. The IOM report identified gaps and inconsistencies in the certification and other conformity assessment processes for non- respiratory PPT. Conformity assessment is defined as the ``demonstration that specified requirements relating to a product, process, system, person or body are fulfilled.'' Conformity assessment processes for PPT products are focused on product effectiveness and include the following primary components: Certification (ISO/IEC 17065), Inspection (ISO/IEC 17020), Testing (ISO/IEC 17025), Accreditation (ISO/IEC 17011), Surveillance (ISO/IEC 17011, ISO/IEC 17065), Supplier's Declaration of Conformity (ISO/IEC 17050), Registration (ISO/IEC 17021) and Quality management systems (ISO/9001). Written comments were to be received by September 30, 2013. NIOSH is extending the public comment period to December 2, 2013. You may submit comments by either of the following methods: Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Mail: NIOSH Docket Office, Robert A. Taft Laboratories, MS-C34, 4676 Columbia Parkway, Cincinnati, OH 45226. All information received in response to this notice and meeting must include the agency name and docket number (CDC-2013-0015; NIOSH- 237-A). All relevant comments received will be posted without change to https://www.regulations.gov, including any personal information provided. All information will be available for public examination and copying at the NIOSH Docket Office, 4676 Columbia Parkway, Room 109, Cincinnati, OH 45226. All electronic comments should be formatted in Microsoft Word. To view the notice and related materials, visit https:// www.regulations.gov and enter CDC-2013-0015 in the search field and click ``Search.''

As a result of the determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (the ``ITC'') that revocation of the antidumping duty orders on silicomanganese from India, Kazakhstan, and Venezuela would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order.

This notice announces the Grain Inspection, Packers and Stockyards Administration's (GIPSA) intention to request approval from the Office of Management and Budget (OMB) for an extension of a currently approved information collection in support of the reporting and recordkeeping requirements under the Packers and Stockyards Act of 1921, as amended and supplemented (P&S Act). This approval is required under the Paperwork Reduction Act of 1995 (PRA).

This notice announces the Grain Inspection, Packers and Stockyards Administration's (GIPSA) intention to request approval from the Office of Management and Budget (OMB) for an extension of a currently approved information collection in support of the reporting and recordkeeping requirements under the ``Clear Title'' regulations as authorized by Section 1324 of the Food Security Act of 1985, as amended (Act). This approval is required under the Paperwork Reduction Act of 1995 (PRA).

Notice is hereby given that the Office of Research Integrity (ORI) has taken final action in the following case: Nitin Aggarwal, Ph.D., Medical College of Wisconsin and University of Wisconsin-Madison: Based on the reports of the investigations conducted by the Medical College of Wisconsin (MCW) and the University of Wisconsin-Madison (UW) and additional analysis conducted by the ORI in its oversight review, ORI found that Dr. Nitin Aggarwal, former Graduate Student, MCW, and former Assistant Scientist, UW, engaged in research misconduct in research supported by National Heart, Lung, and Blood Institute (NHLBI), National Institutes of Health (NIH), grants R01 HL37981, R01 HL54075, and R01 HL57414. ORI found that that the Respondent engaged in research misconduct by falsifying and/or fabricating PHS-supported data in six (6) figures that were included in the following two (2) publications, one (1) grant application to the American Heart Association (AHA), one (1) grant application to NIH, and the Respondent's Ph.D. thesis: Aggarwal, N.T., Pfister, S.L., & Campbell, W.B. ``Hypercholesterolemia Enhances 15-Lipoxygenase Mediated Vasorelaxation and Acetylcholine-Induced Hypotension.'' Arteriosclerosis, Thrombosis, and Vascular Biology 28:2209-2215, 2008 (hereafter the ``ATVB paper''). Aggarwal, N.T., Pfister, S.L., Gauthier, K.M., Chawengsub, Y., Baker, J.E., & Campbell, W.B. ``Chronic hypoxia enhances 15- lipoxygenase-mediated vasorelaxation in rabbit arteries.'' American Journal of PhysiologyHeart Circulation Physiology 296:H678-H688, 2008 (hereafter the ``AJP paper''). Aggarwal, N.T., Principal Investigator (P.I.), National Scientist Development grant application to the American Heart Association No. 11SDG7650072, ``Sulfonylurea rReceptor-2 splice variant and mitochondrial mechanisms for cardioprotection and arrhythmia'' (hereafter the ``AHA grant application''). K99 HL113518-01, ``Mitochondrial ATP-sensitive K-channels and pharmacological approaches for cardioprotection,'' Aggarwal, Nitin, Ph.D., P.I. Aggarwal, N.T. ``Endothelial 15-lipoxygenase regulates vasorelaxation and blood pressure in rabbits in normal and pathological condictions.'' A Dissertation Submitted to the Faculty of the Graduate School of Biomedical Science of the Medical College of Wisconsin in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy, Milwaukee, Wisconsin, 2008 (hereafter the ``thesis''). Specifically, ORI found that Respondent engaged in research misconduct by falsifying Western blot loading control data by inverting, duplicating, and cropping source blot films and/or using films from unrelated experiments to construct five (5) false Western blot figures. In the absence of valid blot images, Respondent falsified and/or fabricated the corresponding quantitative data for summary bar graphs and the data statistics in related text. Respondent admitted to falsely reporting the number of mice reported for an experiment reported in Figure 4 in grant application HL113518-01 to support the hypothesis of the research. The falsified and/or fabricated data are: False [szlig]-actin data and statistics in Figures 1A and 1B in the AJP paper and Figures 41A and 41B in the thesis (p. 131) that purport to represent a time-course of 15-LO-1 protein expression in rabbit aortic endothelial cells (RAECs) following hypoxia. false [szlig]-actin and 15-LO-1 data and statistics in Figures 2A and 2B in the AJP paper and Figures 45A and 45B in the thesis (p. 135) that purport to represent 15-LO-1 expression in aortic rings of normoxic and hypoxic rabbits. false [szlig]-actin data and statistics in Figures 3A and 3B in the AJP paper and Figures 46A and 46B in the Respondent's Ph.D. thesis (p. 137) that purport to represent 15-LO-1 expression in different arteries after hypoxia. false [szlig]-actin data and statistics in Figures 1A and 1B in the ATVB paper and Figures 26A and 26B in the thesis (p. 105) that purport to demonstrate changes in 15-LO-1 expression in different arteries of cholesterol-animals; the false [szlig]-actin data in Figure 1A, ATVB was the same image as that used for Figure 1A, AJP but flipped vertically. false GAPDH data and statistics in Figure 7 in the AHA grant application that purport to represent SUR2A-55 expression in murine heart following left ventricular hypertrophy (LVH). false reporting in Figure 4A of grant application HL113518-01 for the number of mice used for the physiological data for ATP-induced potassium influx in murine mitochondria as three to four, when only a single mouse was studied. Dr. Aggarwal has entered into a Voluntary Settlement Agreement and has voluntarily agreed for a period of three (3) years, beginning on September 17, 2013: (1) To have his research supervised; Respondent agreed that prior to the submission of an application for U.S. Public Health Service (PHS) support for a research project on which his participation is proposed and prior to his participation in any capacity on PHS- supported research, Respondent shall ensure that a plan for supervision of his duties is submitted to ORI for approval; the supervision plan must be designed to ensure the scientific integrity of his research contribution; he agreed that he shall not participate in any PHS- supported research until such a supervision plan is submitted to and approved by ORI; Respondent agreed to maintain responsibility for compliance with the agreed upon supervision plan; (2) that any institution employing him shall submit in conjunction with each application for PHS funds, or report, manuscript, or abstract involving PHS-supported research in which Respondent is involved, a certification to ORI that the data provided by Respondent are based on actual experiments or are otherwise legitimately derived, and that the data, procedures, and methodology are accurately reported in the application, report, manuscript, or abstract; and (3) to exclude himself voluntarily from serving in any advisory capacity to PHS including, but not limited to, service on any PHS advisory committee, board, and/or peer review committee, or as a consultant.

The National Science Foundation (NSF) is required to publish a notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 part 670 of the Code of Federal Regulations. This is the required notice of permit applications received.

The Department of State has submitted the information collection described below to the Office of Management and Budget (OMB) for approval. In accordance with the Paperwork Reduction Act of 1995 we are requesting comments on this collection from all interested individuals and organizations. The purpose of this Notice is to allow 30 days for public comment.

This action amends Class E airspace at Mandan, ND. Additional controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Mandan Municipal Airport. The airport's geographic coordinates are also adjusted. This action enhances the safety and management of Instrument Flight Rule (IFR) operations at the airport.

OSHA requests comments concerning its proposed revision and extension of the information collection requirements specified by its Regulation at 29 CFR 1910.7, ``definition and requirements for a nationally recognized testing laboratory'' (The Regulation). The Regulation specifies procedures that organizations must follow to apply for, and to maintain, OSHA's recognition to test and certify equipment, products, or material for safe use in the workplace.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 7,800-acre ``Ballard Canyon'' viticultural area in Santa Barbara County, California. The viticultural area lies entirely within the larger Santa Ynez Valley viticultural area and the multicounty Central Coast viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.

This regulation establishes tolerances for residues of sedaxane in or on potato and potato, wet peel. Syngenta Crop Protection, LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 11,000-acre ``Big Valley District-Lake County'' viticultural area and the approximately 9,100-acre ``Kelsey Bench-Lake County'' viticultural area, both in Lake County, California. Additionally, TTB modifies the boundary of the established 31,250-acre Red Hills Lake County viticultural area in order to align a portion of its border with that of the proposed Kelsey Bench-Lake County viticultural area. The proposed viticultural areas and the established viticultural area lie entirely within the larger Clear Lake viticultural area and the multicounty North Coast viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.

The Securities and Exchange Commission (the Commission) is adopting revisions to the Electronic Data Gathering, Analysis, and Retrieval System (EDGAR) Filer Manual and related rules to reflect updates to the EDGAR system. The revisions are being made primarily to support updates to Form D and to submission form types 13F-HR and 13F- HR/A. The EDGAR system is scheduled to be upgraded to support this functionality on September 23, 2013.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is publishing this revised statement of policy to update baseline assessments for frequently-cited violations of the Hazardous Materials Regulations (HMR) and to clarify additional factors that affect penalty amounts. This revised statement of policy is intended to provide the regulated community and the general public with information on the hazardous materials penalty assessment process.

EPA is removing listings in the Code of Federal Regulations (CFR) for already expired tolerances for methyl parathion, for the purpose of clarity and in accordance with current EPA practice.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the eastern small-footed bat (Myotis leibii) and the northern long-eared bat (Myotis septentrionalis) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act) and to designate critical habitat. After review of the best available scientific and commercial information, we find that listing the eastern small-footed bat is not warranted but listing the northern long-eared bat is warranted. Accordingly, we propose to list the northern long-eared bat as an endangered species throughout its range under the Act. We also determine that critical habitat for the northern long-eared bat is not determinable at this time. This proposed rule, if finalized, would extend the Act's protections to the northern long-eared bat. The Service seeks data and comments from the public on this proposed listing rule for the northern long-eared bat.

This notice announces the grant of a permanent variance to Avalotis Corp., Bowen Engineering Corporation, Commonwealth Dynamics, Inc., Gibraltar Chimney International, LLC, Hamon Custodis, Inc., Hoffmann, Inc., International Chimney Corporation, Karrena International Chimney, Kiewit Power Constructors Co., Matrix SME, Inc., NAES Power Contractors, Pullman Power, LLC, R and P Industrial Chimney Co., Inc., T. E. Ibberson Company, TICThe Industrial Company (``the employers''). From 1973 to the present, the Occupational Safety and Health Administration (OSHA or the Agency) granted permanent variances to a number of chimney-construction companies from the provisions of the OSHA standards that regulate boatswain's chairs and hoist towers, specifically paragraph (o)(3) of 29 CFR 1926.452 and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552. These variances use temporary personnel hoist systems to transport workers to and from worksites in a personnel cage while constructing chimneys of various configurations using jump-form construction techniques and procedures. The Agency received applications from 15 employers for a variance addressing chimney and chimney-related construction that, like the previous variances, propose to use temporary personnel hoist systems to transport workers to and from worksites in a personnel cage. These variance applications, however, included conditions that address construction of chimneys and chimney-related structures using temporary hoist systems and procedures in association with two different methods of construction (i.e., jump- form and slip-form construction), regardless of the structures' configurations (i.e., tapered or straight-barreled of any diameter). OSHA consolidated these variance applications into a single application and published the application and request for comments in the Federal Register on March 21, 2013 (78 FR 17432). After considering the record as a whole, OSHA finds that these alternative conditions protect workers at least as well as the requirements specified by 29 CFR 1926.452(o)(3) and 29 CFR 1926.552(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16). This permanent variance applies in Federal OSHA enforcement jurisdictions and in those states and territories with OSHA-approved State-Plans covering private-sector employers that have identical standards and agree to the terms of the variance.

We are adopting a new airworthiness directive (AD) for Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters to require modifying the No. 1 engine forward firewall center fire extinguisher discharge tube (No. 1 engine tube) and inspecting the outboard discharge tube to determine if it is correctly positioned. This AD was prompted by the discovery that the No. 1 engine tube installed on the helicopters is too long to ensure that a fire could be effectively extinguished in the helicopter. The actions are intended to ensure the No. 1 engine tube allows for complete coverage of an extinguishing agent in the No. 1 engine compartment area, ensure that a fire would be extinguished and prevent the loss of helicopter control.