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Federal Register Highlights – 5/13/13

May 13, 2013

Unpublished, time-sensitive and proposed rules for May 13, 2013:

PROPOSED RULE: We are proposing to allow, under certain conditions, the cold treatment of imported fruits and vegetables upon arrival at the MidAmerica St. Louis Airport, Mascoutah, IL. We have determined that there are biological barriers at this port that, along with certain safeguards, would prevent the introduction of fruit flies and other insect pests into the United States in the unlikely event that they escape from shipments of fruits or vegetables before the fruits or vegetables undergo cold treatment. This action would facilitate the importation of fruit requiring cold treatment while continuing to provide protection against the introduction of fruit flies and other insect pests into the United States. We will consider all comments that we receive on or before July 12, 2013. (To submit comments, visit, reference docket number APHIS–2012–0089.)

PROPOSED RULE: The United States Consumer Product Safety Commission (Commission, CPSC, or we) is issuing a proposed rule that would amend the existing regulation on certificates of compliance. The proposed amendment is intended to update the rule to clarify requirements in light of new regulations on testing and labeling pertaining to product certification, and component part testing. The proposed amendment would, among other things, use newly defined terms such as ‘‘finished product certificate’’ and ‘‘component part certificate’’; require that regulated finished products that are privately labeled be certified by the private labeler for products manufactured in the United States; clarify requirements for the form, content, and availability of certificates of compliance; and require that importers of regulated finished products manufactured outside of the United States file the required certificate electronically with U.S. Customs and Border Protection (CBP) at the time of filing the CBP entry or at the time of filing the entry and entry summary, if both are filed together. Written comments must be received by July 29, 2013. (To submit comments, visit, reference docket number CPSC–2013–0017.)

PROPOSED RULE: We propose to revise the regulations that allow control of depredating birds in some counties in California. We propose to specify the counties in which this order is effective, to better identify which species may be taken under the order, to add a requirement that landowners attempt nonlethal control, to add a requirement for use of nontoxic ammunition, and to revise the reporting required. These changes would update and clarify the current regulations and enhance our ability to carry out our responsibility to conserve migratory birds. Electronic comments on this proposal via must be submitted by 11.59 p.m. Eastern time on August 12, 2013. (To submit comments, visit, reference docket number FWS–HQ–MB–2012–0037.)

PROPOSED RULE: We, the U.S. Fish and Wildlife Service (Service), propose changes to the regulations governing control of depredating blackbirds, cowbirds, grackles, crows and magpies. The yellow-billed magpie (Pica nuttalli) is endemic to California and has suffered substantial population declines. It is a species of conservation concern. We propose to remove the species from the depredation order. After this change, a depredation permit would be necessary to control the species. We also propose to narrow the application of the regulation from protection of any wildlife to protection of threatened or endangered species only. We propose to add conditions for live trapping, which are not currently included in the regulation. Finally, we propose to refine the reporting requirement to gather data more useful in assessing actions under the order. Electronic comments on this proposal via must be submitted by 11:59 p.m. Eastern time on August 12, 2013. (To submit comments, visit, reference docket number FWS–R9–MB–2012–0027.)

PROPOSED RULE:  The General Services Administration (GSA) is proposing to amend the Federal Management Regulation (FMR) by revising its mail management policy. A major part of the proposed revision involves the removal of the agency requirement to pay the United States Postal Service (USPS) using commercial payment processes. This proposed rule also revises the term ‘‘commercial payment process’’, removes the definition ‘‘large agency’’, requires all agencies to provide an annual mail management report, changes the date of the annual report, removes the description of facility and program mail manager responsibilities, recommends all agencies implement the process of consolidation of mail and requires all agencies to expand existing mail security policy to include guidance for employees receiving incoming and sending outgoing official mail at an alternative worksite. Finally, this proposed rule encourages agencies to increase sustainable activities in their mail programs, and makes editorial and technical corrections. This case is included in GSA’s retrospective review of existing regulations under Executive Order 13563. Additional information is available at Interested parties should submit written comments to the Regulatory Secretariat on or before July 12, 2013 to be considered in the formation of the final rule. (To submit comments, visit, reference FMR Case 2008–102–4.)

PROPOSED RULE: This document contains proposed regulations that provide guidance to Blue Cross and Blue Shield organizations, and certain other health care organizations, on computing and applying the medical loss ratio added to the Internal Revenue Code by the Patient Protection and Affordable Care Act. This document also contains a request for comments and provides notice of a public hearing on these proposed regulations. Comments must be received by August 12, 2013. (To submit comments, visit, reference docket number IRS-REG–126633–12.)

TEMPORARY RULE: NMFS is prohibiting retention of big skate in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2013 total allowable catch of big skate in the Central Regulatory Area of the GOA has been reached. Effective 1200 hrs, Alaska local time (A.l.t.), May 8, 2013, through 2400 hrs, A.l.t., December 31, 2013.



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