Unknown. Final rule
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/register/2013/08/26/2013-20747A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2013-08-26.xml --- 78 165 Monday, August 26, 2013 Contents Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act; Membership Changes: Connected Media Experience, Inc., 52787 2013-20689 Health Product Declaration Collaborative, Inc., 52786 2013-20686 Members of SGIP 2.0, Inc., 52786-52787 2013-20688 National Warheads and Energetics Consortium, 52787 2013-20687 Antitrust See Antitrust Division Army Army Department See Engineers Corps Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 52769-52772 2013-20643 2013-20644 2013-20645 Coast Guard Coast Guard RULES Drawbridge Operations: Trent River, New Bern, NC, 52694 2013-20673 NOTICES Meetings: Merchant Mariner Medical Advisory Committee, 52779-52780 2013-20674 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Consumer Product Consumer Product Safety Commission RULES Safety Standards:
Adjusted Customs Value for Cigarette Lighters, 52679-52680 2013-20747 Defense Department Defense Department See Engineers Corps Department of Transportation See Pipeline and Hazardous Materials Safety Administration Drug Drug Enforcement Administration NOTICES Decisions and Orders: Kevin Dennis, M.D., 52787-52800 2013-20677 Importers of Controlled Substances; Applications: Catalent CTS., LLC, 52800-52801 2013-20717 Chattem Chemicals, Inc., 52801 2013-20720 Manufacturers of Controlled Substances;
Applications: Cambridge Isotope Lab, 52802 2013-20723 Organix, Inc., 52801-52802 2013-20724 Manufacturers of Controlled Substances; Registrations: Morton Grove Pharmaceuticals, 52802 2013-20761 Navinta, LLC, 52802 2013-20757 Proceeding Dismissals: Tin T. Win, M.D., 52802-52803 2013-20676 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: Hydrogen Energy California's Integrated Gasification Combined Cycle Project, 52764-52765 2013-20713 Engineers Engineers Corps NOTICES Environmental Impact Statements;
Availability, etc.: Proposed Ray Mine Tailings Storage Facility in Pinal County, AZ, 52762-52764 2013-20733 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Ohio; Redesignation of the Columbus Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter, 52733-52753 2013-20651 NOTICES Settlements: Central Chemical Superfund Site, Hagerstown, Washington County, MD; CERCLA, 52766-52767 2013-20646 2013-20666 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:
Bombardier, Inc. Airplanes, 52712-52714 2013-20715 Amendment of Class E Airspace: Del Rio, TX, 52716-52717 2013-20716 Gainesville, TX, 52714-52715 2013-20719 Modification of Class E Airspace: Prineville, OR, 52717-52718 2013-20729 Revocation of Class E Airspace: Danville, IL, 52718-52719 2013-20722 NOTICES Meetings: National Parks Overflights Advisory Group Aviation Rulemaking Committee, 52818-52819 2013-20728 Federal Communications Federal Communications Commission RULES Extension of Lines, Interconnection, Numbering, Payphone Compensation, etc., 52710-52711 2013-20675 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 52767-52768 2013-20873 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 52768 2013-20763 Federal Emergency Federal Emergency Management Agency NOTICES National Flood Insurance Program: Assistance to Private Sector Property Insurers; Availability of FY 2014 Arrangement, 52780-52781 2013-20668 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 52765-52766 2013-20691 2013-20692 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;
Availability, etc.: Interstate 81 Viaduct Project, Onondaga County, NY, 52819-52820 2013-20727 Federal Reserve Federal Reserve System NOTICES Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 52768-52769 2013-20705 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Abbreviated New Animal Drug Applications, 52772-52773 2013-20712 Animal Feed Network (Pet Event Tracking Network and LivestockNET), etc., 52774-52776 2013-20710 Premarket Notification for a New Dietary Ingredient, 52773-52774 2013-20711 Documents to Support Submission of an Electronic Common Technical Document;
Availability, 52776-52777 2013-20697 Draft Guidance for Industry; Availability: Bioequivalence Recommendations for Risperidone Injection, 52777 2013-20696 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Property: Designation of 1 Individual and 1 Entity Who Commit, Threaten To Commit, or Support Terrorism, 52823-52824 2013-20698 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Subzone Expansion: Mitsubishi Electric Power Products Inc., Subzone 33D, Southwestern Pennsylvania, 52758 2013-20760 Applications for Subzones:
Pillow Kingdom, Inc., Foreign-Trade Zone 123, Denver, CO, 52758-52759 2013-20768 Expansions under Alternative Site Framework: Foreign-Trade Zone 75, Phoenix, AZ, 52759 2013-20766 Production Activity Authorizations: Bauer Manufacturing Inc., Foreign-Trade Zone 265, Conroe, TX, 52759 2013-20751 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Disclosure of Adjustable Rate Mortgages Rates, 52781 2013-20741 Mortgage Insurance Termination; Application for Premium Refund or Distributive Share Payment, 52782 2013-20742 Interior Interior Department See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Tax Credit for Employee Health Insurance Expenses of Small Employers, 52719-52733 2013-20769 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews;
Results, Extensions, Amendments, etc.: Brass Sheet and Strip from Germany, 52759-52760 2013-20756 Applications: Duty-Free Entry of Scientific Instruments, 52760 2013-20753 International Trade Com International Trade Commission NOTICES Meetings; Sunshine Act, 52785 2013-20862 Judicial Conference Judicial Conference of the United States NOTICES Meetings: Committee on Rules of Practice and Procedure, 52785 2013-20669 2013-20670 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Proposed Consent Decrees under the Park System Resource Protection Act, 52786 2013-20694 Labor Department Labor Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Special Dipping and Coating Operations, 52803-52804 2013-20690 Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52782-52783 2013-20738 Meetings: Rio Grande Natural Area Commission, 52783 2013-20714 National Institute National Institutes of Health NOTICES International Guiding Principles for Biomedical Research Involving Animals; Implementation, 52777-52778 2013-20740 Meetings:
National Institute of Allergy and Infectious Diseases, 52778 2013-20659 National Institute of Diabetes and Digestive and Kidney Diseases, 52778 2013-20658 Senior Executive Service 2013 Performance Review Board Members, 52779 2013-20739 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Northeast Multispecies Fisheries Management Plan; Northern Red Hake Quota Harvested, 52711 2013-20762 PROPOSED RULES Taking of Marine Mammals Incidental to Commercial Fishing Operations:
Harbor Porpoise Take Reduction Plan, 52753-52757 2013-20759 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: One Year Assessment of Social and Economic Impacts of Hurricane Sandy on NJ and NY Commercial and Recreational Fishing Industries, 52761 2013-20682 Meetings: Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review; Correction, 52761-52762 2013-20736 Pacific Fishery Management Council, 52762 2013-20737 National Park National Park Service NOTICES Meetings:
Boston Harbor Islands Advisory Council, 52783-52784 2013-20721 National Register of Historic Places: Pending Nominations and Related Actions, 52784-52785 2013-20667 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 52804 2013-20704 Nuclear Regulatory Nuclear Regulatory Commission NOTICES mPower Design-Specific Review Standard, 52804-52806 2013-20708 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52762 2013-20709 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety:
Special Permits, 52820-52822 2013-20640 2013-20641 Postal Regulatory Postal Regulatory Commission RULES Price Cap Rules for Certain Postal Rate Adjustments, 52694-52710 2013-20583 NOTICES Periodic Reporting (Proposals One Through Five), 52806-52807 2013-20734 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52808-52809 2013-20679 2013-20680 2013-20681 Self-Regulatory Organizations; Proposed Rule Changes:
BATS Exchange, Inc., 52814-52818 2013-20746 BATS Y-Exchange, Inc., 52810-52814 2013-20745 NYSE MKT, LLC, 52818 2013-20678 State Department State Department RULES International Traffic in Arms Regulations: Registration and Licensing of Brokers, Brokering Activities, and Related Provisions, 52680-52694 2013-20743 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Center for Substance Abuse Prevention, 52779 2013-20732 Surface Transportation Surface Transportation Board NOTICES Settlement Agreements:
United States Department of Energy and United States Department of Defense v. Baltimore and Ohio Railroad Co., et al. and Aberdeen and Rockfish Railroad Co., et al., 52822 2013-20735 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 52822-52823 2013-20639 Charter Renewals: Federal Advisory Committee on Insurance, 52823 2013-20700 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bowel and Bladder Care Billing Form, 52824-52825 2013-20683 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 78 165 Monday, August 26, 2013 Rules and Regulations CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1210 Safety Standard for Cigarette Lighters; Adjusted Customs Value for Cigarette Lighters AGENCY: Consumer Product Safety Commission.
ACTION: Final rule. SUMMARY: The Commission has a safety standard requiring that disposable and novelty lighters meet specified requirements for child resistance. The standard defines “disposable lighters,” in part, as refillable lighters that use butane or similar fuels and have a Customs Value or ex-factory price below a threshold value (initially set at $2.00 in 1993). The standard provides that the initial $2.00 value adjusts every 5 years for inflation, as measured by the percentage change since June 1993, in the monthly Producer Price Index
(PPI)for Miscellaneous Fabricated Products. The adjustment is rounded to the nearest $0.25 increment. The price adjusted in November 2003, when changes in the PPI from June 1993 to June 2003 indicated a revised Customs Value or ex-factory price of $2.25. Due to an increase in the PPI, the Customs Value or ex-factory price has recently adjusted to $2.50. This rule revises the cigarette lighter standard to state that the import value has adjusted to $2.50 based on the change to the PPI. DATES: This rule is effective August 26, 2013. FOR FURTHER INFORMATION CONTACT: Julio Alvarado, Office of Compliance, Consumer Product Safety Commission, Washington, DC 20207; telephone
(301)504-7418; email: *jalvarado@cpsc.gov* . SUPPLEMENTARY INFORMATION: Background In 1993, the Commission issued a standard that required disposable and novelty lighters to meet certain requirements for child resistance. The standard, as originally written, defines “disposable lighters” as those that are either:
(1)Non-refillable, or
(2)use butane or similar fuels and have “a Customs Valuation or ex-factory price under $2.00, as adjusted every 5 years, to the nearest $0.25, in accordance with the percentage changes in the monthly Wholesale Price Index from June 1993.” 58 FR 37584 (July 12, 1993). The name of the Wholesale Price Index has changed to the Producer Price Index (PPI). The specific PPI that includes cigarette lighters is the PPI for “Miscellaneous Fabricated Products.” Thus, the standard provides for the $2.00 threshold to adjust in accordance with inflation and for the adjustment to be rounded to the nearest 25 cents. Adjustment did not occur in 1998 because the change in the PPI since June 1993 was not sufficient to warrant an adjustment. Adjustment did occur in 2003 (to $2.25). Accordingly, the Commission revised the cigarette standard to state the adjusted amount. 69 FR 19763 (April 14, 2004). At that time, we also revised the reference to the Wholesale Price Index to refer instead to the Producer Price Index. No adjustment was made in 2008. CPSC staff has calculated that the PPI for Miscellaneous Fabricated Products increased by approximately 29 percent from June 1993 to June 2013, as finalized in July 2013. Under section 1210.2(b)(2)(ii), this increase in the PPI merits an adjustment in the Customs Value or ex-factory price to $2.50 as the threshold for determining whether refillable lighters are within the scope of the cigarette lighter standard. The approximately 29 percent increase in the PPI (from 124.7 in June 1993 to 160.9 in June 2013) yielded an adjustment to $2.58 per lighter, which rounds to $2.50. Thus, refillable lighters with a Customs Value or ex-factory price under $2.50 are subject to the standard. As the cigarette lighter standard is written, the Customs Value or ex-factory price adjusts automatically based on the PPI, and no change in the language of the rule is required to implement this change. However, we are revising the standard so that the CFR will state the appropriately adjusted $2.50 [c]ustoms [v]alue and the public will have notice of the adjustment. The Administrative Procedure Act Section 553(b)(3)(B) of the Administrative Procedure Act
(APA)authorizes an agency to dispense with notice and comment procedures when the agency, for good cause, finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” This amendment informs the public of an adjustment to the cigarette lighter regulatory standard that has occurred automatically according to the terms of the cigarette lighter regulation. Because the adjustment occurs by terms of the regulation, the Commission could not alter the adjustment based on any public comments the Commission received. Accordingly, the Commission finds that notice and comment is unnecessary. The APA also authorizes an agency, “for good cause found and published with the rule,” to dispense with the otherwise applicable requirement that a rule be published in the **Federal Register** at least 30 days before its effective date. 5 U.S.C. 553(d)(3). The Commission hereby finds that a 30-day delay of the effective date is unnecessary because this amendment informs the public of an adjustment that already has occurred in accordance with the existing regulatory requirements of the cigarette lighter standard. List of Subjects in 16 CFR Part 1210 Cigarette lighters, Consumer protection, Fire prevention, Hazardous materials, Infants and children, Labeling, Packaging and containers, Reporting and recordkeeping requirements. Accordingly, 16 CFR part 1210 is amended as follows: PART 1210—SAFETY STANDARD FOR CIGARETTE LIGHTERS 1. The authority citation for part 1210 continues to read as follows: Authority: 15 U.S.C. 2056, 2058, 2079(d). 2. Revise § 1210.2(b)(2)(ii) to read as follows: § 1210.2 Definitions.
(b)* * *
(2)* * *
(ii)It has a Customs Valuation or ex-factory price under $2.00, as adjusted every 5 years, to the nearest $0.25, in accordance with the percentage changes in the appropriate monthly Producer Price Index (Producer Price Index for Miscellaneous Fabricated Products) from June 1993. The adjusted figure, based on the change in that Index since June 1993, as finalized July 2013, is $2.50. Dated: August 21, 2013. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. 2013-20747 Filed 8-23-13; 8:45 am]
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