#FedFeed

This week’s #FedFeed includes: (1) Possible link to BSE / “Mad Cow” Disease in human food and cosmetics; (2) FEMA proposes new flood hazard determination; (3) Two struggling Indian tribes added to the list of tribes with Courts of Indian Offenses; (4) Post-accident tests include tramadol and sedating antihistamines along with alcohol, marijuana, cocaine, PCP and other drugs; and (5) The Shrew is tamed – to be added to Endangered Species List.

Possible link to BSE / “Mad Cow” Disease in human food and cosmetics. The Food and Drug Administration (FDA) seeks comments through May 3, 2013, on the new studies showing the presence of infectivity in materials derived from cattle in human food and cosmetics. In 2004 the FDA published a rule prohibiting the use of certain cattle material to address the potential risk of bovine spongiform encephalopathy (BSE / “Mad Cow” disease) in human food, including dietary supplements, and cosmetics. Then, in 2005 FDA amended the 2004 rule to permit the use of the small intestine of cattle, formerly prohibited cattle material, to be used in human food and cosmetics if the distal ileum was removed by a specified procedure or one that the establishment could demonstrate is equally effective in ensuring complete removal of the distal ileum. However, since 2005, peer-reviewed studies have been published showing the presence of infectivity in the proximal ileum, jejunum, ileocecal junction, and colon of cattle with BSE. Therefore, the FDA is reopening the comment period to give the public an opportunity to comment on the new studies concerning infectivity in parts of the small intestine other than the distal ileum.

FEMA proposes new flood hazard determination. The Federal Emergency Management Agency (FEMA) seeks public comments by June 4, 2013 on its proposed new flood hazard determinations – specifically the preliminary Flood Insurance Rate Maps (FIRMS) and the accompanying report that FEMA provided to the affected communities. The FIRM and report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report, once effective, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings.

Two struggling Indian tribes added to the list of tribes with Courts of Indian Offenses. The Bureau of Indian Affairs seeks comments by April 3, 2013 on its plans to add two Indian tribes, facing limited resources and in need of a court system, to the list of tribes with Courts of Indian Offenses (CFR Courts). CFR Courts operate in areas of Indian country where tribes have jurisdiction over Indians (no State interference) but where tribal courts have not been established to exercise that jurisdiction. The two tribes to be added are Skull Valley Band of Goshute Indians and the Seneca-Cayuga Tribe. The plan installs an interim justice system until the tribes implement a law-and-order code that establishes a court system that meets regulatory requirements or until the tribe adopts a legal code and establishes a judicial system in accordance with its constitution and bylaws or other governing documents. As part of the same final rule, the Seminole Nation, the Miami Tribe, the Choctaw Nation of Oklahoma, the Wyandotte Tribe, and the Quapaw Tribe are being removed from the CFR list.

Post-accident tests to now include tramadol and sedating antihistamines along with alcohol, marijuana, cocaine, PCP and other drugs, The Federal Railroad Administration (FRA) seeks public comments through May 6, 2013 on its plan to add certain non-controlled substances with potentially impairing side effects to its standard post-accident testing panel. The non- controlled substances include tramadol and sedating antihistamines. FRA intends to keep the post-accident test results for these non-controlled substances confidential while it continues to obtain and analyze data on the extent to which prescription and over-the-counter drug use by railroad employees potentially affects rail safety.

The Shrew is tamed – to be added to Endangered Species List.  The Fish and Wildlife Service (FWS) has reopened the comment period through May 6, 2013 on its plans to designate Critical Habitat for the Buena Vista Lake Shrew (Sorex ornatus relictus) (shrew) under the Endangered Species Act. Due to the availability of a draft economic analysis (DEA) of the revised critical habitat proposal, and of an amended required determinations section of the revised proposal, the new comment period allows all interested parties an opportunity to comment on the revised proposed rule, the associated DEA, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.