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Federal Register Highlights – 6/10/13

June 10, 2013

Unpublished, time-sensitive and proposed rules for June 10, 2013:

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone within Sector Boston’s Captain of the Port (COTP) Zone for a fireworks display on the navigable waters of Boston Harbor in the vicinity of the Fan Pier, Boston, MA. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with the fireworks display. Entering into, transiting through, mooring or anchoring within this safety zone is prohibited unless authorized by the COTP or the designated on-scene representative. This rule is effective from 8:30 p.m. until 10:30 p.m. on June 26, 2013.

TEMPORARY RULE: The Coast Guard is extending the temporary safety zone established on the waters of the Atlantic Intracoastal Waterway at Wrightsville Beach, North Carolina. The safety zone is necessary to provide for the safety of mariners on navigable waters during maintenance on the US 74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North Carolina. The safety zone extension will temporarily restrict vessel movement within the designated area starting on July 27, 2013 through March 1, 2014. This rule is effective from July 27, 2013 through March 1, 2014.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on Presque Isle Bay, Erie, PA. This safety zone is intended to restrict vessels from a portion of Presque Isle bay during the Bay Swim VI swimming event. This temporary safety zone is necessary to protect participants, spectators, and vessels from the hazards associated with a large scale swimming event. This rule will be effective between 8:30 a.m. until 11:30 a.m. on June 22, 2013.

TEMPORARY RULE: The Coast Guard will enforce the safety zone for the Fourth of July Fireworks, City of Sausalito in the Captain of the Port, San Francisco area of responsibility during the dates and times noted below. This action is necessary to protect life and property of the maritime public from the hazards associated with the fireworks display. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM). The regulations will be enforced from 9 a.m. to 9:45 p.m. on July 4, 2013.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on the Genesee River, Rochester, NY. This safety zone is intended to restrict vessels from a portion of the Genesee River during the Rochester Yacht Club fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with a fireworks display. This rule will be effective between 9:30 p.m. until 11:00 p.m. on June 22, 2013.

TEMPORARY RULE: The Coast Guard is establishing a temporary special local regulation on Tawas Bay, Michigan. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after the Heritage Coast Offshore Grand Prix boat race. This special local regulation will establish restrictions upon, and control movement of, vessels in a portion of Tawas Bay. During the enforcement period, no person or vessel may enter the regulated area without permission of the Captain of the Port. This rule is effective from 10 a.m. until 4 p.m. on June 16, 2013.

TEMPORARY RULE: The Coast Guard is establishing a special local regulation on the waters of Lake Dora in Tavares, Florida, during the Pro Hydro-X Tour, a series of high-speed personal watercraft races. The event is scheduled for Saturday and Sunday, June 1–2 and June 8–9, 2013. This special local regulation is necessary to ensure the safety of life on navigable waters of the United States during the races. The special local regulation establishes two areas during each weekend of its enforcement: A race area, where all persons and vessels, except those participating in the races, are prohibited from entering; and A buffer zone around the race area, where all persons and vessels, except those enforcing the buffer zone or authorized participants and vessels transiting to the race area, are prohibited from entering, unless authorized by the Captain of the Port Jacksonville or a designated representative. This rule will be enforced with actual notice from 9 a.m. on June 1, 2013, until June 10, 2013. This rule is effective in the Code of Federal Regulations from June 10, 2013 until 5:30 p.m. on June 9, 2013. This rule will be enforced from 9 a.m. until 5:30 p.m. daily on June 1–2 and on June 8–9, 2013.

PROPOSED RULE: EPA is proposing new requirements under the Formaldehyde Standards for Composite Wood Products Act, or Title VI of the Toxic Substances Control Act (TSCA). These proposed requirements are designed to implement the statutory formaldehyde emission standards for hardwood plywood, medium-density fiberboard, and particleboard sold, supplied, offered for sale, or manufactured (including imported) in the United States. As directed by the statute, this proposal includes provisions relating to, among other things, laminated products, products made with no-added formaldehyde resins or ultra low-emitting formaldehyde resins, testing requirements, product labeling, chain of custody documentation and other recordkeeping requirements, enforcement, and product inventory sell-through provisions, including a product stockpiling prohibition. The composite wood product formaldehyde emission standards contained in TSCA Title VI are identical to the emission standards currently in place in California. This regulatory proposal implements these emissions standards and is designed to ensure compliance with the TSCA Title VI formaldehyde emission standards while aligning, where practical, with the regulatory requirements in California. Comments must be received on or before August 9, 2013. (To submit comments, visit www.regulations.gov, reference docket number EPA–HQ–OPPT–2012–0018.)

PROPOSED RULE: EPA is proposing to partially approve and partially disapprove a State Implementation Plan (SIP) submitted by the State of Wyoming on January 12, 2011, that addresses regional haze. This SIP revision was submitted to address the requirements of the Clean Air Act (CAA or ‘‘the Act’’) and our rules that require states to prevent any future and remedy any existing anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ‘‘regional haze program’’). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is taking this action pursuant to section 110 of the CAA. EPA is also proposing a Federal Implementation Plan (FIP) to address the deficiencies identified in our proposed partial disapproval of Wyoming’s regional haze SIP. In lieu of our proposed FIP, or a portion thereof, we will propose approval of a SIP revision as expeditiously as practicable if the State submits such a revision and the revision matches the terms of our proposed FIP. We will also review and take action on any regional haze SIP submitted by the state to determine whether such SIP is approvable, regardless of whether or not its terms match those of the FIP. We encourage the State to submit a SIP revision to replace the FIP, either before or after our final action. Comments: Written comments must be received on or before August 9, 2013. (To submit comments, visit www.regulations.gov, reference docket number EPA–R08–OAR–2012–0026.)

PROPOSED RULE: The Formaldehyde Standards for Composite Wood Products Act (Title VI of the Toxic Substances Control Act (TSCA)) establishes formaldehyde emission standards for hardwood plywood, particleboard, and medium-density fiberboard (composite wood products) and directs EPA to promulgate implementing regulations by January 1, 2013. Pursuant to the requirements of TSCA Title VI, EPA is proposing a framework for a TSCA Title VI Third-Party Certification Program for composite wood products. Under the framework, third-party certifiers (TPCs) would be accredited by EPA-recognized accreditation bodies (ABs) so that TPCs may certify composite wood product panel producers under TSCA Title VI. This proposed rule identifies the roles and responsibilities of the TPCs and ABs involved, as well as the criteria for participation in the TSCA Title VI Third-Party Certification Program. The Agency is proposing the TSCA Title VI Third-Party Certification Program framework prior to the rest of the TSCA Title VI implementing regulations in order to allow interested parties an opportunity to comment and to begin identifying the business practices and infrastructure that may need to be modified or developed in order to effectively participate in the program. Comments must be received on or before August 9, 2013. (To submit comments, visit www.regulations.gov, reference docket number EPA–HQ–OPPT–2011–0380.)

RULE: We are adopting a new airworthiness directive (AD) for all Rolls-Royce plc (RR) Viper Mk. 601–22 turbojet engines. This AD requires reducing the life of certain critical parts. This AD was prompted by a review carried out by RR of the lives of these parts. We are issuing this AD to prevent failure of life-limited parts, damage to the engine, and damage to the airplane. This AD becomes effective July 15, 2013.

PROPOSED RULE: In this document, the Federal Communications Commission (Commission) will revise its Schedule of Regulatory Fees in order to recover an amount of $339,844,000 that Congress has required the Commission to collect for fiscal year 2013. Section 9 of the Communications Act of 1934, as amended, provides for the annual assessment and collection of regulatory fees, respectively, for annual ‘‘Mandatory Adjustments’’ and ‘‘Permitted Amendments’’ to the Schedule of Regulatory Fees. Submit comments on or before June 19, 2013, and reply comments on or before June 26, 2013. (To submit comments, visit www.regulations.gov, reference MD Docket No. 13–140.)

PROPOSED RULE: The Food Safety and Inspection Service (FSIS) is proposing to require the use of the descriptive designation ‘‘mechanically tenderized’’ on the labels of raw or partially cooked needle- or blade-tenderized beef products, including beef products injected with marinade or solution, unless such products are destined to be fully cooked at an official establishment. Beef products that have been needle- or- blade-tenderized are referred to as ‘‘mechanically tenderized’’ products. FSIS is proposing that the product name for such beef products include the descriptive designation ‘‘mechanically tenderized’’ and an accurate description of the beef component. By including this descriptive designation consumers will be informed that this product is non-intact. Non-intact products need to be fully cooked in order to be rendered free of pathogenic bacteria because bacteria may become translocated from the surface of the meat during mechanical tenderization. FSIS is also proposing that the print for all words in the descriptive designation as the product name appear in the same style, color, and size and on a single-color contrasting background. In addition, FSIS is proposing to require that labels of raw and partially cooked needle- or blade-tenderized beef products destined for household consumers, hotels, restaurants, or similar institutions include validated cooking instructions that inform consumers that these products need to be cooked to a specified minimum internal temperature, and whether they need to be held at that minimum temperature for a specified time before consumption, i.e., dwell time or rest time, to ensure that they are fully cooked. Based on the scientific evidence that indicates that mechanically tenderized beef products need to be cooked more thoroughly than intact beef products, FSIS is proposing these amendments to the regulations. FSIS is also announcing that it has posted on its Web site guidance for developing validated cooking instructions for mechanically tenderized product. The recommendations in the guidance document are based on the results from published research designed to identify minimum internal temperature and time combinations sufficient to render a product and studies designed to validate cooking instructions. Comments must be received by August 9, 2013. (To submit comments, visit www.regulations.gov, reference docket number FSIS–2008–0017.)

TEMPORARY RULE: NMFS announces an adjusted closure of the recreational sector for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2013 fishing season through this temporary rule. On May 31, 2013, the U.S. District Court for the southern district of Texas, Brownsville Division, set aside a March 25, 2013, emergency rule that gave the NMFS Regional Administrator the authority to close the recreational sector for red snapper in the EEZ off individual Gulf states. Therefore, NMFS adjusts the closure of the recreational sector for red snapper by closing the entire Gulf EEZ on June 29, 2013, instead of closing the EEZ on different days off individual Gulf states. This Gulf-wide EEZ closure is based on the Court decision and is necessary to prevent the recreational sector from exceeding its quota for the fishing year and prevent overfishing of the Gulf red snapper resource. The closure is effective 12:01 a.m., local time, June 29, 2013, until 12:01 a.m., local time, January 1, 2014.

 

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