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Federal Register Highlights – 2/8/13

February 8, 2013

Unpublished, time-sensitive and proposed rules for February 8, 2013:

PROPOSED RULE: The Agricultural Marketing Service (AMS) is proposing to amend the regulation that specifies which states compose bona fide cotton spot markets in order to assure consistency with the revised Cotton Research and Promotion Act. Updated bona fide spot market definitions will allow for published spot quotes to consider spot prices of cotton marketed in Kansas and Virginia. AMS is also proposing to amend references to the ‘‘New York Cotton Exchange’’ to read the ‘‘Intercontinental Exchange.’’ Comments must be received on or before March 11, 2013. (To submit comments, visit, reference docket number AMS–CN–12–0024.)

PROPOSED RULE: This rule invites comments on five proposed amendments to Marketing Order No. 920 (order) which regulates the handling of kiwifruit grown in California. The amendments were proposed by the Kiwifruit Administrative Committee (Committee or KAC), which is responsible for local administration of the order. The five proposals would amend the marketing order by adding authority to recommend and conduct production and postharvest research, adding authority to recommend and conduct market research and development projects, adding authority to receive and expend voluntary contributions, amending procedures to specify that recommendations for production research and market development be approved by eight members of the Committee, and updating provisions regarding alternate members’ service on the Committee. Comments must be received by April 9, 2013. (To submit comments, visit, reference docket number AMS–FV–12–0008.)

RULE: We are adopting a new airworthiness directive (AD) for MD Helicopters, Inc. (MDHI) Model 500N, 600N and MD900 helicopters to require determining the cure date for each NOTAR fan blade tension-torsion strap (T–T strap), establishing a calendar-time retirement life for certain T–T straps, reducing the retirement life of certain T–T straps, marking each T–T strap with the expiration date, creating a component record card for each T–T strap, and revising the airworthiness limitations section of the maintenance manual to reflect the changes to the retirement life. This AD was prompted by a report from the T–T strap manufacturer that, over a period of time, moisture may reduce the strength of a T–T strap. The actions are intended to prevent failure of a T–T strap, loss of directional control and subsequent loss of control of the helicopter. This AD is effective March 15, 2013.

PROPOSED RULE: The Federal Housing Finance Agency (FHFA) proposes a regulation governing the production of FHFA records, information or employee testimony in connection with legal proceedings in which neither the United States, nor FHFA is a party. This proposed rule would establish requirements and procedures for demanding or requesting parties to submit demands or requests, and factors for FHFA to consider in determining whether FHFA employees will provide records, information or testimony relating to their official duties. FHFA’s desirable intent is to standardize practices, promote uniformity in decisions, preserve the ability of FHFA to conduct agency business, protect confidential information, provide guidance to demanding or requesting parties, minimize involvement in matters unrelated to the agency missions and programs of FHFA, avoid wasteful allocation of agency resources, and preclude spending public time and money for private purposes. Comments on this proposed rule are due 60 days after publication. (To submit comments, visit, reference RIN 2590–AA51.)

PROPOSED RULE: The Food and Drug Administration (FDA) is proposing to classify the eyelid weight into class II (special controls). The eyelid weight may be adhered to the outer skin of the upper eyelid (external eyelid weight) or implanted into the upper eyelid (implantable eyelid weight), and is intended for the gravity assisted treatment of lagophthalmos (incomplete eyelid closure). FDA is also giving notice of its intent to exempt the external eyelid weight device from the premarket notification requirements of the Federal Food, Drug, and Cosmetic Act (FD&C Act). After considering public comments on the proposed classification, FDA will publish a final regulation classifying this device type. Submit either electronic or written comments by May 9, 2013. (To submit comments, visit, reference docket number FDA–2013–N–0069.)

PROPOSED RULE: This rule proposes to amend the National School Lunch Program and School Breakfast Program regulations consistent with amendments made in the Healthy, Hunger-Free Kids Act of 2010 (HHFKA). The HHFKA requires that the Secretary promulgate proposed regulations to establish nutrition standards for foods sold in schools other than those foods provided under the Child Nutrition Act of 1966 (CNA) and the Richard B. Russell National School Lunch Act (NSLA). The HHFKA amends the CNA, requiring that such standards shall be consistent with the most recent Dietary Guidelines for Americans and that the Secretary shall consider authoritative scientific recommendations for nutrition standards; existing school nutrition standards, including voluntary standards for beverages and snack foods; current State and local standards; the practical application of the nutrition standards; and special exemptions for infrequent school-sponsored fundraisers (other than fundraising through vending machines, school stores, snack bars, a la carte sales and any other exclusions determined by the Secretary). The HHFKA also amended the NSLA to require that schools participating in the National School Lunch Program make potable water available to children at no charge in the place where lunches are served during the meal service. These proposed changes are intended to improve the health and well-being of the Nation’s children, increase consumption of healthful foods during the school day and create an environment that reinforces the development of healthy eating habits. Online comments submitted through the Federal eRulemaking Portal on this proposed rule must be received on or before April 9, 2013. (To submit comments, visit, reference docket number FNS–2011–0019.)

TEMPORARY RULE: NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2013 Pacific cod total allowable catch (TAC) specified for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI. Effective 1200 hours, Alaska local time (A.l.t.), February 7, 2013, through 2400 hours, A.l.t., December 31, 2013.

TEMPORARY RULE: NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters) length overall using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the A season apportionment of the 2013 total allowable catch of Pacific cod to be harvested. Effective February 5, 2013, through 2400 hours, Alaska local time (A.l.t.), December 31, 2013.

PROPOSED RULE: The Bureau of Prisons (Bureau) proposes to remove rules which designate various offenses as sexual offenses for purposes of U.S. Code because that provision, which necessitated regulations, has been repealed in relevant part. Comments are due by April 9, 2013. (To submit comments, visit, reference docket number BOP–1090–P.)



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