February 10, 2014 – Federal Register Recent Federal Regulation Documents

The Surface Transportation Board (the Board) will hold a public hearing to explore further the issues surrounding the petition by The National Industrial Transportation League (NITL) and the related comments filed in this proceeding.

The Deputy Administrator of the Drug Enforcement Administration (DEA) is issuing this final order to temporarily schedule four synthetic cannabinoids into schedule I pursuant to the temporary scheduling provisions of the Controlled Substances Act (CSA). The substances are: Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate (PB- 22; QUPIC); quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (5-fluoro-PB-22; 5F-PB-22); N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4- fluorobenzyl)-1H-indazole-3-carboxamide (AB-FUBINACA); and N-(1-amino- 3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxam ide (ADB- PINACA). This action is based on a finding by the Deputy Administrator that the placement of these synthetic cannabinoids and their optical, positional, and geometric isomers, salts and salts of isomers into schedule I of the CSA is necessary to avoid an imminent hazard to the public safety. As a result of this order, the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances will be imposed on persons who handle (manufacture, distribute, import, export, engage in research, conduct instructional activities, and possess), or propose to handle these synthetic cannabinoids.

We are adopting amendments to the expiration dates in our interim final rules that provide exemptions under the Securities Act of 1933, the Securities Exchange Act of 1934, and the Trust Indenture Act of 1939 for those security-based swaps that prior to July 16, 2011 were security-based swap agreements and are defined as ``securities'' under the Securities Act and the Exchange Act as of July 16, 2011 due solely to the provisions of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Under the amendments, the expiration dates in the interim final rules will be extended to February 11, 2017. If we adopt further rules relating to issues raised by the application of the Securities Act or the other federal securities laws to security-based swaps before February 11, 2017, we may determine to alter the expiration dates in the interim final rules as part of that rulemaking.

The Federal Communications Commission (Commission) is correcting the effective date of a final rule that appeared in the Federal Register of January 17, 2014 (79 FR 3123). The document announced the effective date of rules requiring 911 communications providers to take reasonable measures to provide reliable service, as evidenced by an annual certification of conformance with specified best practices or reasonable alternative measures to mitigate the risk of failure. The document also announced the effective date of amendments to the Commission's existing rules requiring certain communications providers to notify public safety answering points (PSAPs) of disruptions in service.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on our June 13, 2013, proposal to remove the gray wolf (Canis lupus) 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 also announce the availability of the independent scientific peer review report on the proposal. We are reopening the comment period for 45 days to allow all interested parties an opportunity to comment on our proposed rule in light of the peer review report on this proposal. The comment period is scheduled to close on March 27, 2014. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule.

In a final rule published in the Federal Register on March 29, 2013, and effective on April 15, 2013, we amended the regulations governing the importation of animals and animal products by recognizing 25 Member States of the European Union (EU) as the Animal and Plant Health Inspection Service (APHIS)-defined EU Poultry Trade Region. In that rule, we established requirements for the importation of live birds and poultry, and poultry meat and products, from the APHIS- defined EU Poultry Trade Region. In the final rule, it was not our intent to prohibit the importation of birds, poultry, and poultry meat and products from Member States of the APHIS-defined EU Poultry Trade Region that conduct trade in poultry and poultry products with other regions that APHIS recognizes as being free of Newcastle disease and highly pathogenic avian influenza. It was also not our intent that the import requirements for cooked poultry meat and products from the APHIS- defined EU Poultry Trade Region not be equivalent with the requirements we apply to other regions whenever an outbreak of Newcastle disease or highly pathogenic avian influenza occurs in those regions. This document amends the regulations to reflect our original intentions.

The Food and Drug Administration (FDA or we) is announcing the availability of the draft guidance entitled ``Guidance for Industry; Exempt Infant Formula Production: Current Good Manufacturing Practices (CGMPs), Quality Control Procedures, Conduct of Audits, and Records and Reports.'' The draft guidance, when finalized, will describe our current thinking on the manufacturing of exempt infant formula in relation to the requirements for CGMPs, quality control procedures, conduct of audits, and records and reports that apply to nonexempt infant formulas.

The Food and Drug Administration (FDA) is announcing that Lohmann Animal Health GMBH has filed a petition proposing that the food additive regulations be amended to provide for the safe use of the enzyme phytase from bioengineered Pichia pastoris yeast in animal feed.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A320-111, -211, -212, and -231 airplanes. This proposed AD was prompted by reports of broken struts of the center wing box (CWB). This proposed AD would require a detailed inspection of the CWB struts for cracking, and repair if necessary. We are proposing this AD to detect and correct cracked or broken struts, which could result in strut failure and consequent reduced structural integrity of the airplane.

We propose to adopt a new airworthiness directive (AD) for certain Learjet Inc. Model 45 airplanes. This proposed AD was prompted by a report of two cases of premature corrosion found on the structural support flange for the engine thrust reverser. This proposed AD would require doing a fluorescent penetrant inspection of the metallic components of the thrust reverser's attach flange for any corrosion; inspecting the thrust reverser flange for damage to the sealant, as applicable; installing sealants and gaskets, as applicable, to the thrust reverser flanges and service island flanges; and related investigative and corrective actions as necessary. We are proposing this AD to prevent failure of the thrust reverser structural support, which could result in departure of the thrust reverser from the engine that could subsequently result in damage to the adjacent support structure and engine controls, airframe structure, and control surfaces. Departing thrust reversers could also result in injury to persons on the ground.

The Department of State amends its regulation pertaining to The North American Free Trade Agreement (NAFTA), by removing the petition requirement for citizens of Mexico applying for nonimmigrant visa classification as NAFTA professionals. The rule reflects changes to documentary requirements authorized under the Immigration and Nationality Act, in implementation of NAFTA.

Pursuant to the Energy Policy and Conservation Act of 1975 (EPCA), as amended, today's final rule amends the energy conservation standards that currently apply to certain external power supplies and establishes new energy conservation standards for other external power supplies that are currently not required to meet such standards. Through its analysis, DOE has determined that these changes satisfy EPCA's requirements that any new and amended energy conservation standards for these products result in the significant conservation of energy and be both technologically feasible and economically justified.

This document contains corrections to the final regulations, which were published in the Federal Register of Friday, December 20, 2013 (78 FR 77209). The final regulations divided portions of 47 CFR part 79 improperly. This document correctly divides part 79.

The Captain of the Port of New Orleans (COTP New Orleans), under the authority of the Magnuson Act, established a Moving Security Zone on the Mississippi river from mile marker 90.0 to mile marker 106.0 above head of passes (AHP), extending 100 yards in all directions from vessels being escorted by one or more Coast Guard asset or other federal, state, or local law enforcement agency assets. The COTP New Orleans will inform the public of the existence or status of the security zones around escorted vessels in the regulated area by Marine Safety Information Bulletins or Broadcast Notice to Mariners. This moving security zone is necessary to protect vessels deemed to be in need of escort protection by the COTP New Orleans for security reasons.

On June 29, 2012, the Consumer Financial Protection Bureau (Bureau) published in the Federal Register an interim final rule implementing the Equal Access to Justice Act (EAJA or the Act). EAJA requires agencies that conduct adversary adjudications to award attorney fees and other litigation expenses to certain parties other than the United States in certain circumstances. EAJA also requires agencies that conduct adversary adjudications to establish procedures for the submission and consideration of applications for the award of fees and other expenses. After reviewing and considering the single public comment offered on its interim final rule, the Bureau adopts the interim final rule without change.