January 13, 2010 – Federal Register Recent Federal Regulation Documents

Medicare and Medicaid Programs; Electronic Health Record Incentive Program
Document Number: E9-31217
Type: Proposed Rule
Date: 2010-01-13
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would implement the provisions of the American Recovery and Reinvestment Act of 2009 (ARRA) (Pub. L. 111-5) that provide incentive payments to eligible professionals (EPs) and eligible hospitals participating in Medicare and Medicaid programs that adopt and meaningfully use certified electronic health record (EHR) technology. The proposed rule would specify theinitial criteria an EP and eligible hospital must meet in order to qualify for the incentive payment; calculation of the incentive payment amounts; payment adjustments under Medicare for covered professional services and inpatient hospital services provided by EPs and eligible hospitals failing to meaningfully use certified EHR technology; and other program participation requirements. Also, as required by ARRA the Office of the National Coordinator for Health Information Technology (ONC) will be issuing a closely related interim final rule that specifies the Secretary's adoption of an initial set of standards, implementation, specifications, and certification criteria for electronic health records. ONC will also be issuing a notice of proposed rulemaking on the process for organizations to conduct the certification of EHR technology.
Health Information Technology: Initial Set of Standards, Implementation Specifications, and Certification Criteria for Electronic Health Record Technology
Document Number: E9-31216
Type: Rule
Date: 2010-01-13
Agency: Office of the Secretary, Department of Health and Human Services
The Department of Health and Human Services (HHS) is issuing this interim final rule with a request for comments to adopt an initial set of standards, implementation specifications, and certification criteria, as required by section 3004(b)(1) of the Public Health Service Act. This interim final rule represents the first step in an incremental approach to adopting standards, implementation specifications, and certification criteria to enhance the interoperability, functionality, utility, and security of health information technology and to support its meaningful use. The certification criteria adopted in this initial set establish the capabilities and related standards that certified electronic health record (EHR) technology will need to include in order to, at a minimum, support the achievement of the proposed meaningful use Stage 1 (beginning in 2011) by eligible professionals and eligible hospitals under the Medicare and Medicaid EHR Incentive Programs.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications
Document Number: 2010-496
Type: Proposed Rule
Date: 2010-01-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes a regulation to implement the annual harvest guideline (HG) and seasonal allocations for Pacific sardine in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of January 1, 2010, through December 31, 2010. This rule is proposed according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The proposed 2010 acceptable biological catch (ABC) or maximum HG is 72,039 mt. 5,000 mt of this 72,039 mt would initially be set aside for use under an Exempted Fishing Permit (EFP), if issued, leaving the remaining 65,732 mt as the initial commercial fishing HG. That HG would be divided across the seasonal allocation periods in the following way: January 1-June 30, 22,463 mt would be allocated for directed harvest with an incidental set-aside of 1,000 mt; July 1-September 14, 25,861 mt would be allocated for directed harvest with an incidental set-aside of 1,000 mt; September 15-December 31, 11,760 mt would be allocated for directed harvest with an incidental set-aside of 1,000 mt with an additional 4,000 mt set aside to buffer against reaching the ABC. This rule is intended to conserve and manage Pacific sardine off the West Coast.
Fisheries of the Exclusive Economic Zone Off Alaska; Chiniak Gully Research Area for Vessels Using Trawl Gear
Document Number: 2010-495
Type: Rule
Date: 2010-01-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is rescinding the trawl closure in the Chiniak Gully Research Area. This action is necessary to allow vessels using trawl gear to participate in directed fishing for groundfish in the Chiniak Gully Research Area.
Airworthiness Directives; Sicma Aero Seat 9140, 9166, 9173, 9174, 9184, 9188, 9196, 91B7, 91B8, 91C0, 91C2, 91C3, 91C4, 91C5, and 9301 Series Passenger Seat Assemblies; and Sicma Aero Seat 9501311-05, 9501301-06, 9501311-15, 9501301-16, 9501441-30, 9501441-33, 9501311-55, 9501301-56, 9501441-83, 9501441-95, 9501311-97, and 9501301-98 Passenger Seat Assemblies; Installed on Various Transport Category Airplanes
Document Number: 2010-484
Type: Proposed Rule
Date: 2010-01-13
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Cracks have been found on seat backrest links P/N (part number) 90-000200-104-1 and 90-000200-104-2. These cracks can significantly affect the structural integrity of seat backrests. Failure of the backrest links could result in injury to an occupant during emergency landing conditions. The proposed AD would require
Endangered and Threatened Wildlife and Plants; Determination That Designation of Critical Habitat is Prudent for the Jaguar
Document Number: 2010-479
Type: Proposed Rule
Date: 2010-01-13
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), under the Endangered Species Act of 1973, as amended (Act), have reconsidered our prudency determination concerning the designation of critical habitat for the jaguar (Panthera onca) and now find that designation of critical habitat is prudent. We are preparing a proposed designation of critical habitat for the jaguar in accordance with the Act this fiscal year and anticipate we will publish a proposed designation in January 2011.
Change in Disease Status of the Republic of Korea With Regard to Foot-and-Mouth Disease and Rinderpest
Document Number: 2010-478
Type: Rule
Date: 2010-01-13
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
On December 28, 2009, we published a final rule in the Federal Register to add the Republic of Korea to the list of regions that are considered free of rinderpest and foot-and-mouth disease (FMD) and the list of regions that are subject to certain import restrictions on meat and meat products because of their proximity to or trading relationships with rinderpest- or FMD-affected countries. The final rule was scheduled to become effective on January 12, 2010. However, due to an outbreak of FMD reported by the Republic of Korea on January 6, 2010, we are delaying indefinitely the effective date of the final rule. This delay will allow the Animal and Plant Health Inspection Service to consider the issues raised by this development and decide what subsequent actions to take.
Addition of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States and Entry Modified for Clarification
Document Number: 2010-455
Type: Rule
Date: 2010-01-13
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) by adding additional persons to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. These persons that are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This rule also amends one entry
Endangered and Threatened Wildlife and Plants; Partial 90-Day Finding on a Petition to List 475 Species in the Southwestern United States as Threatened or Endangered With Critical Habitat; Correction
Document Number: 2010-454
Type: Proposed Rule
Date: 2010-01-13
Agency: Fish and Wildlife Service, Department of the Interior
On Wednesday, December 16, 2009, we, the U.S. Fish and Wildlife Service, announced a 90-day finding on 192 species from a petition to list 475 species in the Southwest region of the United States as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). In that notice, we used an incorrect docket number in one place and asked commenters submitting hardcopy comments to refer to this docket number in their comments. The correct docket number is [FWS-R2-ES-2008-0130]. However, comments we received under the incorrect docket number will be routed to the correct docket. If you already submitted a comment, even with the incorrect docket number, you need not resubmit it.
Security Zone; Escorted U.S. Navy Submarines in Sector Seattle Captain of the Port Zone
Document Number: 2010-438
Type: Rule
Date: 2010-01-13
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a moving security zone around any U.S. Navy submarine that is operating in the Sector Seattle Captain of the Port Zone, which includes the Puget Sound and coastal waters of the State of Washington, and is being escorted by the Coast Guard. The security zone is necessary to help ensure the security of the submarines, their Coast Guard security escorts, and the maritime public in general. The security zone will do so by prohibiting all persons and vessels from coming within 1,000 yards of an escorted submarine unless authorized by the Coast Guard patrol commander.
Drawbridge Operation Regulations; Curtis Creek, Baltimore, MD
Document Number: 2010-437
Type: Rule
Date: 2010-01-13
Agency: Coast Guard, Department of Homeland Security
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the I695 Bridge across Curtis Creek, mile 0.9, at Baltimore, MD. The deviation is necessary to facilitate mechanical repairs to the bridge. This temporary deviation allows the drawbridge to remain in the closed position during the deviation period.
Drawbridge Operation Regulations; Upper Mississippi River, Dubuque, IA
Document Number: 2010-436
Type: Rule
Date: 2010-01-13
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District has issued a temporary deviation from the regulation governing the operations of the Dubuque Railroad Drawbridge, across the Upper Mississippi River, Mile 579.9, Dubuque, Iowa. The deviation is necessary to allow time for performing needed maintenance and repairs to the bridge. This deviation allows the bridge to open on signal if at least 24 hours advance notice is given from 12:01 a.m. January 15, 2010 until 9 a.m., March 15, 2010.
Drawbridge Operation Regulation; New Haven Harbor, Quinnipiac and Mill Rivers, CT
Document Number: 2010-435
Type: Proposed Rule
Date: 2010-01-13
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to change the regulation governing the operation of three bridges across the Quinnipiac and Mill Rivers at New Haven, Connecticut, to relieve the bridge owner from the burden of crewing the bridges during time periods when the bridges seldom receive requests to open while still providing for the reasonable needs of navigation.
Drawbridge Operation Regulation; Intracoastal Waterway (ICW), Inside Thorofare, Ventnor City, NJ
Document Number: 2010-434
Type: Rule
Date: 2010-01-13
Agency: Coast Guard, Department of Homeland Security
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the Dorset Avenue Bridge, at ICW mile 71.2, across Inside Thorofare, at Ventnor City. This bridge is a double-leaf bascule drawbridge. The deviation restricts the operation of the draw span to facilitate structural rehabilitation to one of the bascule leafs.
Regulated Navigation Area; U.S. Navy Submarines, Hood Canal, WA
Document Number: 2010-433
Type: Rule
Date: 2010-01-13
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a regulated navigation area (RNA) covering the Hood Canal in Washington that will be in effect whenever any U.S. Navy submarine is operating in the Hood Canal and being escorted by the Coast Guard. The RNA is necessary to help ensure the safety and security of the submarines, their Coast Guard security escorts, and the maritime public in general. The RNA will do so by requiring all persons and vessels located within the RNA to follow all lawful orders and/or directions given to them by Coast Guard security escort personnel.
Federal Civil Penalties Inflation Adjustment Act-2009 Implementation
Document Number: 2010-432
Type: Rule
Date: 2010-01-13
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is correcting a final rule that appeared in the Federal Register of December 23, 2009 (74 FR 68150). The document concerned the adjustment of fines and other civil monetary penalties.
Modification to Consolidated Return Regulation Permitting an Election To Treat a Liquidation of a Target, Followed by a Recontribution to a New Target, as a Cross-Chain Reorganization
Document Number: 2010-416
Type: Rule
Date: 2010-01-13
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to temporary regulations (TD 9458), which were published in the Federal Register on Friday, September 4, 2009, relating to modification to consolidated return regulation permitting an election to treat a liquidation of a target, followed by a recontribution to a new reorganization.
Section 3504 Agent Employment Tax Liability
Document Number: 2010-415
Type: Proposed Rule
Date: 2010-01-13
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations relating to employment tax liability of agents authorized by the Secretary under section 3504 of the Internal Revenue Code (Code) to perform acts required of employers with respect to taxes under the Federal Unemployment Tax Act on wages paid for home care services, as defined in these regulations. These proposed regulations affect employers who are home care service recipients, as defined in these regulations, and their designated agents. These regulations also propose amendments to modify the existing regulations under section 3504 to be consistent with the organizational structure of the Internal Revenue Service (IRS), and to update the citation to the Internal Revenue Code of 1986.
Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District
Document Number: 2010-353
Type: Rule
Date: 2010-01-13
Agency: Environmental Protection Agency
EPA is finalizing a limited approval and limited disapproval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on August 19, 2009, and concerns a local fee rule that applies to major sources of volatile organic compound and nitrogen oxide emissions in the San Joaquin Valley ozone nonattainment area. Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), this action simultaneously approves a local rule that regulates these emission sources and directs California to correct rule deficiencies.
Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District
Document Number: 2010-352
Type: Rule
Date: 2010-01-13
Agency: Environmental Protection Agency
EPA is finalizing approval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVAPCD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on August 14, 2009 and concern oxides of nitrogen (NOX) and particulate matter (PM) emissions from boilers of various capacities. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Approval and Promulgation of Air Quality Implementation Plans; Mississippi; Update to Materials Incorporated by Reference
Document Number: 2010-348
Type: Rule
Date: 2010-01-13
Agency: Environmental Protection Agency
EPA is publishing this action to provide the public with notice of the update to the Mississippi State Implementation Plan (SIP) compilation. In particular, materials submitted by Mississippi that are incorporated by reference (IBR) into the Mississippi SIP are being updated to reflect EPA-approved revisions to Mississippi's SIP that have occurred since the last update. In this action, EPA is also notifying the public of the correction of certain typographical errors.
Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Secretary's Decision and Referendum Order on Proposed Amendment of Marketing Agreement and Order No. 930
Document Number: 2010-315
Type: Proposed Rule
Date: 2010-01-13
Agency: Agricultural Marketing Service, Department of Agriculture
This decision proposes amendments to Marketing Agreement and Order No. 930 (order), which regulates the handling of tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin, and provides growers and processors with the opportunity to vote in a referendum to determine if they favor the changes. Seven amendments were proposed by the Cherry Industry Administrative Board (Board), which is responsible for local administration of the order. These amendments would: Authorize changing the primary reserve capacity associated with the volume control provisions of the order; authorize establishment of a minimum inventory level at which all remaining product held in reserves would be released to handlers for use as free tonnage; establish an age limitation on product placed into reserves; revise the nomination and election process for handler members on the Board; revise Board membership affiliation requirements; and update order language to more accurately reflect grower and handler participation in the nomination and election process in districts with only one Board representative. In addition, the Agricultural Marketing Service (AMS) proposed to make any such changes as may be necessary to the order to conform to any amendment that may result from the hearing.
Children’s Online Privacy Protection Rule Safe Harbor Proposed Self-Regulatory Guidelines; i-SAFE, Inc. Application for Safe Harbor
Document Number: 2010-291
Type: Proposed Rule
Date: 2010-01-13
Agency: Federal Trade Commission, Agencies and Commissions
The Federal Trade Commission publishes this notice and request for public comment concerning proposed self-regulatory guidelines submitted by i-SAFE, Inc. under the safe harbor provision of the Children's Online Privacy Protection Rule.
Airworthiness Directives; Dassault-Aviation Model Falcon 7X Airplanes
Document Number: 2010-103
Type: Rule
Date: 2010-01-13
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
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