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Federal Register Highlights – 7/15/13

July 15, 2013

Unpublished, time-sensitive and proposed rules for July 15, 2013:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the bascule span of the Tacony-Palmyra Bridge (Route 73), across the Delaware River, mile 107.2, between the townships of Tacony, PA and Palmyra, NJ. The deviation is necessary to facilitate the replacement of the bridge deck. This deviation allows the bridge to remain in the closed to navigation position during the rehabilitation project. This deviation is effective from 9 p.m. on Friday, August 16, 2013 until 9 p.m. on Friday, August 30, 2013.

TEMPORARY RULE: The Commander Fifth Coast Guard District has issued a temporary deviation from the regulations governing the operation of the US 50 Bridge, over Isle of Wight (Sinepuxent) Bay, mile 0.5, at Ocean City, MD. The deviation is necessary to accommodate the 10th annual ‘‘Island 2 Island’’ Half Marathon. This deviation allows the drawbridge to remain in the closed position to vessels during the race. This deviation is effective from 8 a.m. until 10:30 a.m. April 26, 2014.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the swing of the Route 70/Harkers Island Bridge, across The Straights, mile 0.6, Harkers Island, NC. This deviation is necessary to facilitate coupling repair on the Route 70/Harkers Island Bridge. This temporary deviation allows the swing bridge to remain in the closed to navigation position. This deviation is effective from noon until 11:59 p.m. on August 5, 2013.

TEMPORARY RULE: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the SR129 Bridge across The Gut, mile 0.2, between Rutherford Island and South Bristol, Maine. The bridge owner, Maine Department of Transportation will be performing test borings at the bridge. This deviation allows the bridge to delay bridge openings by ten minutes for a four hour period to facilitate scheduled test borings at the bridge. This deviation is effective from 10 a.m. through 2 p.m. on July 15, 2013.

TEMPORARY RULE: The Coast Guard is issuing this Interim Rule to address two omissions from the regulatory text of the Safety zone and Regulated Navigation Area in the Chicago Sanitary and Ship Canal, Romeoville, IL. These omissions include requirements for the regulated navigation area that vessels must be greater than twenty feet in length and must not be a personal or human powered watercraft of any kind (e.g. jet skis, wave runners, kayaks, row boats, etc.). This revision is intended to make the regulatory text consistent with the discussion of the rule as originally published in the Federal Register on December 12, 2011. This rule will be enforced with actual notice from June 19, 2013, until July 15, 2013. This rule is effective in the Code of Federal Regulations on July 15, 2013.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone within Milwaukee Harbor, Milwaukee, Wisconsin. This zone is intended to restrict vessels from a portion of Milwaukee Harbor due to 4 fireworks displays at Discovery World Pier. This safety zone is necessary to protect the surrounding public and vessels from the hazards associated with these fireworks displays. This rule will be enforced with actual notice from July 10, 2013, until July 15, 2013. This rule is effective in the Code of Federal Regulations from July 15, 2013 until October 5, 2013.

PROPOSED RULE: The Coast Guard is proposing a temporary safety zone on the navigable waters of Mission Bay in San Diego, CA for the San Diego Bayfair power boat races from September 13, 2013, until September 15, 2013. The safety zone as proposed would be in effect from 7 a.m. to 5:30 p.m. daily during this timeframe. This temporary safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels would be prohibited from entering into, transiting through or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative. Comments and related material must be received by the Coast Guard on or before August 14, 2013. (To submit comments, visit www.regulations.gov, reference docket number USCG–2013–0476.)

PROPOSED RULE: The U.S. Army Corps of Engineers is proposing to amend the rules regarding use and administration of the reservoirs at the headwaters of the Mississippi River by deleting from the Code of Federal Regulations all references to minimum discharges and to operating limits for the reservoirs. Following extensive public input and environmental review, the St. Paul District of the Corps of Engineers recently adopted an updated operating plan for the Mississippi River Headwaters reservoirs containing minimum flow values that differ from those currently codified in the Code of Federal Regulations. Deleting all references to minimum flows in the regulations will eliminate the current discrepancy between the regulations and the approved operating plan for the reservoirs. The operating limits are also contained in the operating plan for the reservoirs, and eliminating both the minimum flow values and the operating limits from the rule will make it unnecessary to amend the regulations each time the values are modified in the operating plan in the future. Submit comments on or before September 13, 2013. (To submit comments, visit www.regulations.gov, reference docket number COE–2013–0008.)

PROPOSED RULE:  In this document, the Wireline Competition Bureau (Bureau) seeks additional comment on certain fees related to inmate calling services (ICS). The record to date indicates that ICS providers may charge ICS account holders fees that appear ancillary to making calls, such as account setup fees, account replenishment fees, account refund fees, and account inactivity fees. Comments due on or before July 17, 2013; reply comments due on or before July 24, 2013. (To submit comments, visit www.regulations.gov, reference WC Docket No. 12–375.)

PROPOSED RULE: The Audio Division, on its own motion, proposes the deletion of six vacant allotments in various communities in Alaska, Colorado, and Texas. We tentatively conclude that it is in the public interest to delete six FCC-held permits that have been offered in two FM auctions. No bids were entered for these allotments in the recently completed FM Auction 94 and these allotments are now considered unsold permits. Deletion of these allotments may create other opportunities in nearby communities for new FM allotments or upgrades of existing stations. Therefore, we believe that the proposed deletion of these vacant allotments may promote a more effective and efficient use of the FM broadcast spectrum. Interested parties must file comments expressing an interest in the vacant allotments to prevent their removal. Moreover, interested parties must provide an explanation as to why they did not participate in prior auction events for any permit in which an interest is expressed. Comments must be filed on or before August 5, 2013, and reply comments on or before August 20, 2013. (To submit comments, visit www.regulations.gov, reference MB Docket No. 13–156.)

PROPOSED RULE: The Food and Drug Administration (FDA) is proposing a regulation to implement administrative detention authority with respect to drugs intended for human or animal use as authorized by amendments made to the Federal Food, Drug, and Cosmetic Act (the FD&C Act) by the Food and Drug Administration Safety and Innovation Act (FDASIA). Once the applicable regulation is finalized, FDA’s administrative detention authority with respect to drugs will allow FDA to better protect the integrity of the drug supply chain. Specifically, FDA will be able to administratively detain drugs encountered during an inspection that an officer or employee conducting an inspection has reason to believe are adulterated or misbranded. This authority is intended to protect the public by preventing distribution or subsequent use of drugs encountered during inspections that are believed to be adulterated or misbranded, until FDA has had time to consider what action it should take concerning the drugs, and to initiate legal action, if appropriate. Submit either electronic or written comments on the proposed rule by September 13, 2013. (To submit comments, visit www.regulations.gov, reference docket number FDA–2013–N–0365.)

TEMPORARY RULE: NMFS is closing the commercial management groups for aggregated large coastal sharks (LCS) and hammerhead sharks in the Gulf of Mexico region. This action is necessary because the commercial landings of Gulf of Mexico aggregated LCS for the 2012 fishing season has exceeded 80 percent of the available commercial quota as of July 5, 2013. The commercial Gulf of Mexico aggregated LCS and Gulf of Mexico hammerhead shark management groups are closed effective 11:30 p.m. local time, July 17, 2013, until the end of the 2013 fishing season on December 31, 2013 or if NMFS announces, via a notice in the Federal Register, that additional quota is available and the season is reopened.

TEMPORARY RULE: NMFS is opening directed fishing for Atka mackerel in the Central Aleutian district (CAI) of the Bering Sea and Aleutian Islands Management Area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to fully use the 2013 total allowable catch (TAC) of Atka mackerel in the CAI by vessels participating in the BSAI trawl limited access fishery. Effective 1200 hrs, Alaska local time (A.l.t.), July 9, 2013, through 2400 hrs, A.l.t., December 31, 2013.

TEMPORARY RULE: NMFS is opening directed fishing for northern rockfish and dusky rockfish for 48 hours in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to fully use the total allowable catch (TAC) of northern rockfish and dusky rockfish in the Western Regulatory Area of the GOA. Effective 1200 hrs, Alaska local time (A.l.t.), July 10, 2013, through 1200 hrs, A.l.t., July 12, 2013. Comments must be received on or before July 25, 2013.

TEMPORARY RULE: NMFS is prohibiting retention of ‘‘other rockfish’’ in the Western Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary because the 2013 total allowable catch of ‘‘other rockfish’’ in the Western Regulatory Area of the GOA has been reached. Effective 1200 hours, Alaska local time (A.l.t.), July 9, 2013, through 2400 hours, A.l.t., December 31, 2013.

 

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