2013 – Federal Register Recent Federal Regulation Documents

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.

We, the U.S. Fish and Wildlife Service, determine endangered species status under the Endangered Species Act of 1973, as amended, for the Florida bonneted bat (Eumops floridanus), a bat species from south Florida. This final rule adds this species to the List of Endangered and Threatened Wildlife and implements the Federal protections provided by the Act for this species.

We, the U.S. Fish and Wildlife Service (Service), withdraw the proposed rule to list the Coral Pink Sand Dunes tiger beetle, Cicindela albissima, as a threatened species under the Endangered Species Act of 1973, as amended (Act), and designate critical habitat for the species. This withdrawal is based on our conclusion that the threats to the species as identified in the proposed rule no longer are as significant as believed at the time of the proposed rule. We base this conclusion on our analysis of current and future threats and conservation efforts. We find the best scientific and commercial data available indicate that the threats to the species and its habitat have been reduced below the statutory definition of threatened or endangered. Therefore, we are withdrawing our proposal to list the species as threatened with critical habitat.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 727 airplanes; Model 737-100, -200, and -200C series airplanes; and Model 747-100, -100B, -100B SUD, -200B, -200C, - 200F, -300, -400, -400D, -400F, 747SR, and 747SP series airplanes. This AD was prompted by a report of an activation of the control column shaker during takeoff. This AD requires performing a general visual inspection to determine if a certain angle of attack (AOA) sensor with a paddle type vane is installed, and, for affected sensors, performing an operational test of the stall warning system, and replacing the AOA sensor with a new sensor if necessary. We are issuing this AD to prevent erroneous activation of the control column shaker during takeoff, which could result in runway overrun, failure to clear terrain or obstacles after takeoff, or reduced controllability of the airplane.

The U.S. Small Business Administration (SBA) is amending its regulations governing small business contracting procedures. Specifically, this rule amends SBA's regulations to establish policies and procedures for setting aside, partially setting aside and reserving Multiple Award Contracts for small business concerns. SBA is also is establishing policies and procedures for setting aside task and delivery orders for small business concerns under Multiple Award Contracts. In addition, SBA is addressing how it will determine size under certain Agreements and when recertification of status will be required. Finally, SBA is establishing a new definition of consolidation and reorganizing its prime contracting assistance regulations.

EPA announced in the Federal Register on May 17, 2013 [FRL- 9814-6] a Good Neighbor Environmental Board (GNEB) public teleconference. Pursuant to the Federal Advisory Committee Act, Public Law 92-463, EPA is giving notice of cancellation of that public meeting for the Good Neighbor Environmental Board. GNEB is a federal advisory committee chartered under the Federal Advisory Committee Act, PL 92463. GNEB provides advice and recommendations to the President and Congress on environmental and infrastructure issues along the U.S. border with Mexico.

This notice announces the meeting date change of the United States Extractive Industries Transparency Initiative (USEITI) Multi- Stakeholder Group (MSG) Advisory October 1-2, 2013, Washington, DC. Dates and Times: The October 1-2 meeting has been moved to November 5-6, 2013, and will occur in-person from 9:30 a.m. to 5:00 p.m. Eastern Time each day, unless otherwise indicated at www.doi.gov/eiti/faca, where agendas, meeting logistics, and meeting materials will be posted.

The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection notice was previously published in the Federal Register on July 16, 2013, at 78 FR 42537, allowing for a 60-day public comment period. USCIS received one comment for this information collection. A discussion of the comments and USCIS' responses are addressed in item 8 of the supporting statement that can be viewed at: https://www.regulations.gov.

This notice sets forth the proposed schedule and agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on issues outlined under SUPPLEMENTARY INFORMATION below.

In the light-duty vehicle greenhouse gas rule for model year 2012 through 2016 vehicles, EPA established a program to allow automobile manufacturers to generate ``off-cycle'' carbon dioxide (CO2) credits by employing technologies that achieve CO2 reductions in the real world but are not appropriately captured on the test procedures used by manufacturers to demonstrate compliance with the CO2 standards. Under one of the program options, a manufacturer may develop and submit to EPA for approval an alternative demonstration methodology justifying eligibility for off- cycle credits and their amount. The regulations concerning off-cycle credits require an opportunity for public comment as part of EPA's review of such an alternative methodology. EPA is requesting comment on an alternative methodology submitted by Mercedes-Benz for determining off-cycle credits for the following technologies: engine stop-start, high efficiency exterior lighting, infrared glazing, and active seat ventilation. The application is only for off-cycle credits for Mercedes-Benz vehicles for the 2012 through 2016 model years.

In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating five-year reviews (``Sunset Reviews'') of the antidumping and countervailing duty (``AD/CVD'') orders listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same orders.

This action proposes to amend Class E airspace at Georgetown, TX. Decommissioning of the Georgetown radio beacon (RBN) at Georgetown Municipal Airport has made reconfiguration necessary for standard instrument approach procedures and for the safety and management of Instrument Flight Rules (IFR) operations at the airport.