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Federal Register Highlights – 3/4/13

March 4, 2013

Unpublished, time-sensitive and proposed rules for March 4, 2013:

PROPOSED RULE: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the approximately 17,663-acre ‘‘Moon Mountain District Sonoma County’’ viticultural area in Sonoma County, California. The proposed viticultural area lies completely within the established Sonoma Valley viticultural area which, in turn, is within the multi-county 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. TTB invites comments on this proposed addition to its regulations. We must receive your comments on or before May 3, 2013. (To submit comments, visit, reference docket number TTB–2013–0002.)

PROPOSED RULE: The Coast Guard proposes to amend its regulations to separately list an annual fee for renewals of endorsements upon the Certificate of Documentation. The Coast Guard is required to establish user fees for services related to the documentation of vessels. This proposed rule would separately list a fee of $26 to cover the current costs of the vessel documentation services provided by the Coast Guard. Comments and related material must either be submitted to our online docket via on or before May 3, 2013 or reach the Docket Management Facility by that date. (To submit comments, visit, reference docket number USCG–2010–0990.)

PROPOSED RULE: The Commission has before it a petition for rulemaking filed by Western Pacific Broadcast, LLC (‘‘Western Pacific’’), the permittee of unbuilt station WMDE(TV), Channel 5, Seaford, Delaware, requesting an amendment of the DTV Table of Allotments to delete Channel 5 at Seaford and substitute Channel 5 at Dover, Delaware. Western Pacific further requests modification of WMDE(TV)’s construction permit to specify Dover, Delaware as the station’s community license and seeks a waiver of the Commission’s freeze on the filing of petitions for rulemaking by televisions stations seeking to change their community of license. Western Pacific asserts that its proposal to reallot Channel 5 to Dover is based on the technical specifications currently authorized for WMDE(TV), and therefore the new allotment will be mutually exclusive with the station’s existing allotment. Western Pacific further states that its proposal meets the Commission’s allotment priorities by providing Dover with its first local television service, and that Seaford will remain well-served after the reallotment because full-power noncommercial station WDPB(TV), Channel *44, will remain licensed to that community. Therefore, Western Pacific submits that this rulemaking will serve the public interest. Comments must be filed on or before April 3, 2013, and reply comments on or before April 18, 2013. (To submit comments, write to: Federal Communications Commission, Office of the Secretary, 445 12th Street SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for petitioner as follows: M. Scott Johnson and Daniel A. Kirkpatrick, Fletcher, Heald & Hildreth, P.L.C., 1300 North 17th Street, 11th Floor, Arlington, VA 22209.)

PROPOSED RULE: Section 806(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ‘‘Dodd-Frank Act’’ or ‘‘Act’’) permits the Board of Governors of the Federal Reserve System (the ‘‘Board’’) to authorize a Federal Reserve Bank to establish and maintain an account for, and through the account provide certain financial services to, financial market utilities (‘‘FMUs’’) that are designated as systemically important by the Financial Stability Oversight Council (the ‘‘Council’’). In addition, section 806(c) of the Dodd-Frank Act permits a Reserve Bank to pay interest on the balances maintained by or on behalf of a designated FMU. The Board is proposing to add two new sections to Part 234 of Title 12 of the Code of Federal Regulations to implement these provisions of the Dodd-Frank Act. Comments on this notice of proposed rulemaking must be received by May 3, 2013. (To submit comments, visit, reference Docket No. R–1455 and RIN No. 7100–AD–94.)

PROPOSED RULE: We, the U.S. Fish and Wildlife Service, propose to revise our regulations regarding the approval of nontoxic shot types to make the regulations easier to understand. The language governing determination of Expected Environmental Concentrations (EECs) in terrestrial and aquatic ecosystems is altered to make clear the shot size and number of shot to be used in calculating the EECs. We propose to specify the pH levels to be used in calculating the EEC in water. We also propose to move the requirement for in vitro testing to Tier 1, which will allow us to better assess applications and minimize the need for Tier 2 applications. We propose to add language for withdrawal of alloys that have been demonstrated to have detrimental environmental or biological effects, or for which no suitable field-testing device is available. We expect these changes to reduce the time required for nontoxic shot approvals. Finally, we propose to charge fees to cover our costs in evaluating these applications. Electronic comments on this proposal via must be submitted by 11:59 p.m. Eastern time on June 3, 2013. (To submit comments, visit, reference docket number FWS–R9–MB–2011–0077.)

PROPOSED RULE: This document contains proposed regulations that provide guidance on the annual fee imposed on covered entities engaged in the business of providing health insurance for United States health risks. This fee is imposed by section 9010 of the Patient Protection and Affordable Care Act, as amended. The regulations affect persons engaged in the business of providing health insurance for United States health risks. Written or electronic comments must be received by June 3, 2013. (To submit comments, visit, reference docket number REG–118315–12.)



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