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Federal Register Highlights – 4/25/14

April 25, 2014

Unpublished, time-sensitive and proposed rules for April 25, 2014:

PROPOSED RULE: We are proposing to change the hourly rates charged for Sundays, holidays, or other overtime work performed by employees of the Animal and Plant Health Inspection Service (APHIS) for any person, firm, or corporation having ownership, custody, or control of regulated commodities or articles subject to inspection, laboratory testing, certification, or quarantine under the regulations. We are proposing to increase these overtime rates for each of the fiscal years 2014 through 2018 to reflect the anticipated costs associated with providing these services during each year. Establishing the overtime rate changes in advance would allow users of APHIS’ services to incorporate the rates into their budget planning. We are also proposing to clarify the regulations to indicate that agricultural inspections performed by the Department of Homeland Security (DHS) may be billed in accordance with DHS overtime regulations for services performed outside of regular business hours, as DHS rates may differ from those charged by APHIS. We will consider all comments that we receive on or before June 24, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number APHIS–2009–0047.)

PROPOSED RULE: We are proposing to amend the user fee regulations by adding new fee categories and adjusting current fees charged for certain agricultural quarantine and inspection services that are provided in connection with certain commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international passengers arriving at ports in the customs territory of the United States. We are also proposing to adjust or remove the fee caps associated with commercial trucks, commercial vessels, and commercial railcars. We have determined that revised user fee categories and revised user fees are necessary to recover the costs of the current level of activity, to account for actual and projected increases in the cost of doing business, and to more accurately align fees with the costs associated with each fee service. We will consider all comments that we receive on or before June 24, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number APHIS–2013–0021.)

PROPOSED RULE: The Bureau of Consumer Financial Protection (Bureau) is proposing to amend subpart B of Regulation E, which implements the Electronic Fund Transfers Act, and the official interpretation to the regulation. The proposal would extend a temporary provision that permits insured institutions to estimate certain pricing disclosures pursuant to section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Absent further action by the Bureau, that exception expires on July 21, 2015. Based on a preliminary determination that the termination of the exception would negatively affect the ability of insured institutions to send remittance transfers, the Bureau is proposing to extend the temporary exception by five years from July 21, 2015, to July 21, 2020. The Bureau is also proposing several clarifying amendments and technical corrections to the final rule and commentary. Comments must be received on or before May 27, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number CFPB–2014–0008.)

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone encompassing certain waters of the Patapsco River. This action is necessary to provide for the safety of life on navigable waters during a fireworks display launched from a barge located adjacent to the East Channel of Northwest Harbor at Baltimore, MD on May 8, 2014. This safety zone is intended to protect the maritime public in a portion of the Patapsco River. This rule is effective from April 25, 2014 through May 9, 2014 and enforceable from 7:30 p.m. on May 8, 2014 through 9:30 p.m. on May 9, 2014.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone for all waters of the Ohio River, beginning at mile marker 803.5 and ending at mile marker 804.5. This safety zone is necessary to provide safety for recreational boaters that will be spectators at the Henderson Breakfast Lions Club Tri Fest fireworks. Commercial vessels are prohibited from entering into this area and all vessels are prohibited from entering into the area between mile markers 803.5 and 804.5 unless specifically authorized by the Captain of the Port (COTP) Ohio Valley or designated representative. This rule is effective from 9:00 p.m. to 9:30 p.m. on April 25, 2014.

PROPOSED RULE: The U.S. Department of Energy (DOE) proposes to revise its test procedures for residential clothes washers established under the Energy Policy and Conservation Act. The proposed amendments would codify test procedure guidance that DOE has issued in response to frequently asked questions, clarify additional provisions within the test procedures, provide improved organization of each section, and correct formatting errors in DOE’s clothes washer test procedures. DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) no later than July 9, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number EERE–2013–BT–TP–0009.)

TEMPORARY RULE: This action prohibits certain flight operations in a portion of the Simferopol (UKFV) Flight Information Region (FIR) by all U.S. air carriers; U.S. commercial operators; persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except when such operators are foreign air carriers. The FAA finds this action to be necessary to prevent a potential hazard to persons and aircraft engaged in such flight operations. This final rule is effective on April 25, 2014, and remains in effect through April 27, 2015.

PROPOSED RULE: We, the U.S. Fish and Wildlife Service (Service), propose changes in the regulations governing the administration of the national Boating Infrastructure Grant Program (BIG). We published a proposed rule in the Federal Register on March 28, 2012. We received 22 responses from the public during the 60-day comment period that ended May 29, 2012. Fifteen of the responses contained comments applicable to the proposed rule, and 11 asked for more time to review the proposed rule. Some comments expressed full support, and others suggested changes. We amend the proposed rule based on these comments and our further review and consideration of the proposed rule. The amended proposed rule gives the public a 90-day comment period. We will accept comments received or postmarked on or before July 24, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number FWS–R9–WSR–2011–0083.)

PROPOSED RULE: The Food and Drug Administration (FDA) is proposing to deem products meeting the statutory definition of ‘‘tobacco product,’’ except accessories of a proposed deemed tobacco product, to be subject to the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act). The Tobacco Control Act provides FDA authority to regulate cigarettes, cigarette tobacco, roll-your-own tobacco, smokeless tobacco, and any other tobacco products that the Agency by regulation deems to be subject to the law. Option 1 of the proposed rule would extend the Agency’s ‘‘tobacco product’’ authorities in the FD&C Act to all other categories of products, except accessories of a proposed deemed tobacco product, that meet the statutory definition of ‘‘tobacco product’’ in the FD&C Act. Option 2 of the proposed rule would extend the Agency’s ‘‘tobacco product’’ authorities to all other categories of products, except premium cigars and the accessories of a proposed deemed tobacco product, that meet the statutory definition of ‘‘tobacco product’’ in the FD&C Act. FDA also is proposing to prohibit the sale of ‘‘covered tobacco products’’ to individuals under the age of 18 and to require the display of health warnings on cigarette tobacco, roll-your own tobacco, and covered tobacco product packages and in advertisements. FDA is taking this action to address the public health concerns associated with the use of tobacco products. Submit either electronic or written comments on the proposed rule by July 9, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number FDA–2014–N–0189.)

TEMPORARY RULE: NMFS is prohibiting directed fishing for Greenland turbot in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2014 Greenland turbot initial total allowable catch (ITAC) in the Aleutian Islands subarea of the BSAI. Effective 1200 hrs, Alaska local time (A.l.t.), May 1, 2014, through 2400 hrs, A.l.t., December 31, 2014.

TEMPORARY RULE: NMFS is prohibiting directed fishing for Greenland turbot in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2014 Greenland turbot initial total allowable catch (ITAC) in the Bering Sea subarea of the BSAI. Effective 1200 hrs, Alaska local time (A.l.t.), May 1, 2014, through 2400 hrs, A.l.t., December 31, 2014.

TEMPORARY RULE: NMFS implements an accountability measure (AM) for recreational gray triggerfish in the Gulf of Mexico (Gulf) reef fish fishery for the 2014 fishing year through this temporary final rule. Based on the 2013 recreational annual catch limit (ACL) overage, NMFS reduces the 2014 recreational annual catch target (ACT) and ACL for gray triggerfish to 0 lb (0 kg) through this temporary rule. Therefore, NMFS closes the recreational sector for gray triggerfish in the Gulf EEZ at 12:01 a.m., local time, May 1, 2014, until January 1, 2015. This action is necessary to reduce overfishing of the Gulf gray triggerfish resource. This rule is effective 12:01 a.m., local time, on May 1, 2014, until 12:01 a.m., local time, on January 1, 2015, unless changed by subsequent notification in the Federal Register.

 

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