Updating OSHA Standards Based on National Consensus Standards; Signage, 65932-65933 [2013-26337]
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65932
Federal Register / Vol. 78, No. 213 / Monday, November 4, 2013 / Proposed Rules
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and recordkeeping
requirements.
For the reasons set out above, 21 CFR
part 1308 is proposed to be amended to
read as follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for 21 CFR
part 1308 continues to read as follows:
■
Authority: 21 U.S.C. 811, 812, 871(b)
unless otherwise noted.
2. Amend § 1308.14 by adding a new
paragraph (b)(3) to read as follows:
■
§ 1308.14
Schedule IV.
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*
(b) * * *
(3) Tramadol [2((dimethylamino)methyl)-1-(3methoxyphenyl)cyclohexanol, its salts,
optical and geometric isomers and salts
of these isomers]—9752
*
*
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*
Dated: October 25, 2013.
Thomas M. Harrigan,
Deputy Administrator.
A notice
of proposed rulemaking and a notice of
public hearing that appeared in the
Federal Register on Friday August 30,
2013 (78 FR 53702) announced that a
public hearing was scheduled for
October 1, 2013, at 10 a.m. in the IRS
Auditorium, Internal Revenue Building,
1111 Constitution Avenue NW.,
Washington, DC. The subject of the
public hearing is under sections 6159
and 7122 of the Internal Revenue Code.
The public comment period for these
regulations expired on September 30,
2013. The notice of proposed
rulemaking and notice of public hearing
instructed those interested in testifying
at the public hearing to submit a request
to speak and an outline of the topics to
be addressed. The hearing was not held
on October 1, 2013, due to the closure
of the Federal Government. As of
October 17, 2013, the date of the
reopening of the Federal Government,
there were no requests to speak.
Therefore, the public hearing scheduled
for October 1, 2013, is cancelled and
will not be rescheduled.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2013–25933 Filed 11–1–13; 8:45 am]
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
BILLING CODE 4410–09–P
[FR Doc. 2013–26280 Filed 11–1–13; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
DEPARTMENT OF LABOR
Internal Revenue Service
26 CFR Part 300
Occupational Safety and Health
Administration
[REG–144990–12]
29 CFR Parts 1910 and 1926
RIN 1545–BL37
[Docket No. OSH–2013–0005]
User Fees for Processing Installment
Agreements and Offers in
Compromise; Hearing Cancellation
RIN No. 1218–AC77
Internal Revenue Service (IRS),
Treasury.
ACTION: Cancellation of a notice of
public hearing on proposed rulemaking.
AGENCY:
This document cancels a
public hearing on proposed regulations
that amend the provider user fees for
installment agreements and offers in
compromise.
EMCDONALD on DSK67QTVN1PROD with PROPOSALS
SUMMARY:
The public hearing originally
scheduled for October 1, 2013 at 10 a.m.
is cancelled.
FOR FURTHER INFORMATION CONTACT:
Oluwafunmilayo Taylor of the
Publications and Regulations Branch,
Legal Processing Division, Associate
Chief Counsel (Procedure and
Administration) at (202) 622–7180 (not
a toll-free number).
DATES:
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Updating OSHA Standards Based on
National Consensus Standards;
Signage
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION: Proposed rule; withdrawal.
AGENCY:
With this notice, OSHA is
withdrawing the proposed rule that
accompanied its direct final rule
revising its signage standards for general
industry and construction.
DATES: Effective November 4, 2013,
OSHA is withdrawing the proposed rule
published June 13, 2013 (78 FR 35585).
FOR FURTHER INFORMATION CONTACT:
General information and press
inquiries: Contact Frank Meilinger,
Director, OSHA Office of
Communications, Room N–3647, U.S.
SUMMARY:
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Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210;
telephone: (202) 693–1999; email:
meilinger.francis2@dol.gov.
Technical information: Contact Ken
Stevanus, Directorate of Standards and
Guidance, Room N–3609, OSHA, U.S.
Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210;
telephone: (202) 693–2260; fax: (202)
693–1663; email: stevanus.ken@dol.gov.
SUPPLEMENTARY INFORMATION:
Copies of this Federal Register notice:
Electronic copies of this Federal
Register notice are available at https://
www.regulations.gov. This Federal
Register notice, as well as news releases
and other relevant information, also is
available at OSHA’s Web page at
https://www.osha.gov.
Withdrawal of the proposal: On June
13, 2013, OSHA published a companion
proposed rule (NPRM) along with the
direct final rule (DFR) (see 78 FR 35585)
updating its signage standards for
general industry and construction. In
the DFR, OSHA stated that it would
withdraw the companion NPRM and
confirm the effective date of the DFR if
it received no significant adverse
comments to the DFR by the close of the
comment period, July 15, 2013. OSHA
received eight favorable and no adverse
comments on the DFR by that date (see
ID: OSHA–2013–0005–0008 thru –0015
in the docket for this rulemaking).
Accordingly, OSHA is withdrawing the
proposed rule. In addition, OSHA is
publishing two separate Federal
Register notices, one confirming the
effective date of the DFR, and the other
making minor, nonsubstantive additions
and corrections to 29 CFR 1910.6,
1926.6, and 1926.200(b) and (c).
List of Subjects in 29 CFR Parts 1910
and 1926
Signage, Occupational safety and
health, Safety.
Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210,
authorized the preparation of this
document. OSHA is issuing this
document pursuant to 29 U.S.C. 653,
655, and 657, 5 U.S.C. 553, Secretary of
Labor’s Order 1–2012 (77 FR 3912), and
29 CFR part 1911.
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Federal Register / Vol. 78, No. 213 / Monday, November 4, 2013 / Proposed Rules
Signed at Washington, DC, on October 30,
2013.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2013–26337 Filed 11–1–13; 8:45 am]
BILLING CODE 4510–26–P
LEGAL SERVICES CORPORATION
45 CFR Part 1613
Restrictions on Legal Assistance With
Respect to Criminal Proceedings
Legal Services Corporation.
Notice of proposed rulemaking.
AGENCY:
ACTION:
This proposed rule updates
the Legal Services Corporation (LSC or
Corporation) regulation on legal
assistance with respect to criminal
proceedings. The Tribal Law and Order
Act of 2010 (TLOA) amended the LSC
Act to authorize LSC funds to be used
for representation of persons charged
with criminal offenses in tribal courts.
This proposed rule will bring the
regulations into alignment with the
amended LSC Act. The proposed rule
will also revise the conditions under
which LSC recipients can accept or
decline tribal court appointments to
represent defendants in criminal
proceedings.
SUMMARY:
Comments must be submitted by
December 4, 2013.
ADDRESSES: Written comments must be
submitted to Stefanie K. Davis, Assistant
General Counsel, Legal Services
Corporation, 3333 K Street NW.,
Washington, DC 20007; (202) 337–6519
(fax) or lscrulemaking@lsc.gov.
Electronic submissions are preferred via
email with attachments in Acrobat PDF
format. Written comments sent to any
other address or received after the end
of the comment period may not be
considered by LSC.
FOR FURTHER INFORMATION CONTACT:
Stefanie K. Davis, Assistant General
Counsel, Legal Services Corporation,
3333 K Street NW., Washington, DC
20007, (202) 295–1563 (phone), (202)
337–6519 (fax), lscrulemaking@lsc.gov.
SUPPLEMENTARY INFORMATION:
EMCDONALD on DSK67QTVN1PROD with PROPOSALS
DATE:
I. Statutory and Regulatory
Background.
The Corporation first issued 45 CFR
part 1613 in 1976 to implement a
statutory prohibition on the use of LSC
funds to provide legal assistance in
criminal cases. Section 1007 of the LSC
Act prohibited the use of LSC funds to
provide legal assistance ‘‘with respect to
any criminal proceeding.’’ Public Law
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93–355, § 1007(b)(2), 88 Stat. 383 (Jul.
25, 1974) (42 U.S.C. 2996f(b)(2)). The
original section 1613.2 defined
‘‘criminal proceeding’’ as ‘‘the adversary
judicial proceeding prosecuted by a
public officer and initiated by a formal
complaint, information, or indictment
charging a person with an offense
denominated ‘criminal’ by applicable
law and punishable by death,
imprisonment, or a jail sentence. A
misdemeanor or lesser offense tried in
an Indian tribal court is not a ‘criminal
proceeding.’ ’’ 41 FR 38506, Sept. 10,
1976. Neither the proposed rule nor the
final rule explained why the
Corporation exempted minor criminal
cases in tribal courts from the general
prohibition.
The following year, Congress
amended the LSC Act to codify the
Corporation’s exemption of minor
crimes in tribal courts from the types of
criminal proceedings for which LSC
funds could not be used. Public Law
95–222, § 10(b), 91 Stat. 1620–1623
(Dec. 28, 1977). According to the House
Report on H.R. 6666, which became
Public Law 95–222, it made this
amendment at the Corporation’s request.
H.R. Rep. 95–310, 1977 U.S.C.C.A.N.
4503, 4515–16 (May 13, 1977). The
Committee on the Judiciary explained:
Section 7(b)(2) permits a legal services
program to provide representation in a very
narrow category of technically criminal cases
that may be viewed as basically civil in
nature to a person charged with an offense
involving hunting, fishing, trapping or
gathering fruits of the land when the
principal defense asserted involves rights
arising from a treaty with Indians. A number
of legal services programs have developed
expertise in the highly specialized area of
Indian treaty law. Prior to the passage of the
Legal Services Corporation Act they provided
assistance to Indians charged with criminal
offenses when the defense arose out of an
asserted treaty right. Because an effective
defense depends on knowledge of treaty law,
rather than of criminal law, state-appointed
private counsel and public defenders
generally lack the legal background required
to provide an effective defense.
The provision of section 7(b)(2) authorizing
representation of an Indian charged with a
misdemeanor or lesser offense in an Indian
tribal court is declaratory of existing law and
codifies current Corporation Regulations.
The committee approves the provisions of
current Corporation Regulations, that
appropriately define the scope of the
prohibition against criminal representation
and the narrow exceptions to the prohibition
that are required for fulfillment of a lawyer’s
professional obligations and responsibilities.
In 2010, Congress enacted the TLOA.
The TLOA had two major effects on
tribal criminal jurisdiction. First, it
authorized tribal courts to impose
longer sentences, raising the maximum
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65933
duration from up to one year to a total
of nine years for multiple charges.
Public Law 111–211, Tit. II, Subtitle C,
§ 234(a), 124 Stat. 2280 (Jul. 29, 2010).
Second, it required tribes exercising the
expanded sentencing authority to, ‘‘at
the expense of the tribal government,
provide an indigent defendant the
assistance of a defense attorney.’’ Public
Law 111–211, Tit. II, Subtitle C,
§ 234(c)(2), 124 Stat. 2280. Of most
relevance for LSC funding recipients,
the TLOA amended section 1007(b)(2)
of the LSC Act to authorize the use of
LSC funds to provide representation in
all criminal proceedings before tribal
courts. Public Law 111–211, Tit. II,
Subtitle C, § 235(d), 124 Stat. 2282.
Congress further expanded tribal
court jurisdiction in 2013. Through the
Violence Against Women
Reauthorization Act of 2013 (2013
VAWA), Congress amended the Indian
Civil Rights Act of 1968 to authorize
tribal courts to exercise special criminal
jurisdiction over domestic violence
cases. Public Law 113–4, § 904(b)(1),
127 Stat. 120–121 (Mar. 7, 2013) (25
U.S.C. 1304(a)). This ‘‘special domestic
violence criminal jurisdiction’’ is
exercised concurrently with state or
Federal jurisdictions, or both, as
applicable. Public Law 113–4,
§ 904(b)(2), 127 Stat. 121 (25 U.S.C.
1304(b)(2)). Unlike prior congressional
enactments, the 2013 VAWA explicitly
authorizes tribes to exercise jurisdiction
over both Indian and non-Indian
defendants in certain circumstances.
In order for the tribe to assert special
domestic violence criminal jurisdiction,
the alleged act must have occurred
within Indian country. Public Law 113–
4, § 904(c), 127 Stat. 122. ‘‘Indian
country’’ is a term of art defined in 8
U.S.C. 1151. If neither the victim nor the
accused is Indian, the court may not
exercise jurisdiction. Public Law 113–4,
§ 904(b)(4)(A)(i), 127 Stat. 121. If only
the accused is a non-Indian, the court
may exercise jurisdiction only if the
accused resides in the Indian country
over which the tribe has jurisdiction; is
employed in the Indian country of the
tribe; or is a spouse, intimate partner, or
dating partner of a member of the tribe
or an Indian who resides in the Indian
country of the tribe. Public Law 113–4,
§ 904(b)(4)(B), 127 Stat. 122.
The 2013 VAWA also introduced
another set of crimes in Indian country
for which defendants are entitled to
counsel at the tribal government’s
expense. Section 904(d)(2) states that if
a sentence of any length of time may be
imposed, the defendant is entitled to all
of the rights laid out in Section 202(c)
of the Indian Civil Rights Act. Public
Law 113–4, § 904(d)(2), 127 Stat. 122.
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Agencies
[Federal Register Volume 78, Number 213 (Monday, November 4, 2013)]
[Proposed Rules]
[Pages 65932-65933]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26337]
=======================================================================
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910 and 1926
[Docket No. OSH-2013-0005]
RIN No. 1218-AC77
Updating OSHA Standards Based on National Consensus Standards;
Signage
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Proposed rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: With this notice, OSHA is withdrawing the proposed rule that
accompanied its direct final rule revising its signage standards for
general industry and construction.
DATES: Effective November 4, 2013, OSHA is withdrawing the proposed
rule published June 13, 2013 (78 FR 35585).
FOR FURTHER INFORMATION CONTACT:
General information and press inquiries: Contact Frank Meilinger,
Director, OSHA Office of Communications, Room N-3647, U.S. Department
of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone:
(202) 693-1999; email: meilinger.francis2@dol.gov.
Technical information: Contact Ken Stevanus, Directorate of
Standards and Guidance, Room N-3609, OSHA, U.S. Department of Labor,
200 Constitution Avenue NW., Washington, DC 20210; telephone: (202)
693-2260; fax: (202) 693-1663; email: stevanus.ken@dol.gov.
SUPPLEMENTARY INFORMATION:
Copies of this Federal Register notice: Electronic copies of this
Federal Register notice are available at https://www.regulations.gov.
This Federal Register notice, as well as news releases and other
relevant information, also is available at OSHA's Web page at https://www.osha.gov.
Withdrawal of the proposal: On June 13, 2013, OSHA published a
companion proposed rule (NPRM) along with the direct final rule (DFR)
(see 78 FR 35585) updating its signage standards for general industry
and construction. In the DFR, OSHA stated that it would withdraw the
companion NPRM and confirm the effective date of the DFR if it received
no significant adverse comments to the DFR by the close of the comment
period, July 15, 2013. OSHA received eight favorable and no adverse
comments on the DFR by that date (see ID: OSHA-2013-0005-0008 thru -
0015 in the docket for this rulemaking). Accordingly, OSHA is
withdrawing the proposed rule. In addition, OSHA is publishing two
separate Federal Register notices, one confirming the effective date of
the DFR, and the other making minor, nonsubstantive additions and
corrections to 29 CFR 1910.6, 1926.6, and 1926.200(b) and (c).
List of Subjects in 29 CFR Parts 1910 and 1926
Signage, Occupational safety and health, Safety.
Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210, authorized the
preparation of this document. OSHA is issuing this document pursuant to
29 U.S.C. 653, 655, and 657, 5 U.S.C. 553, Secretary of Labor's Order
1-2012 (77 FR 3912), and 29 CFR part 1911.
[[Page 65933]]
Signed at Washington, DC, on October 30, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-26337 Filed 11-1-13; 8:45 am]
BILLING CODE 4510-26-P