May 5, 2011 – Federal Register Recent Federal Regulation Documents
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Medicare Program; Proposed Changes to the Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2012 Rates
We are proposing to revise the Medicare hospital inpatient prospective payment systems (IPPS) for operating and capital-related costs of acute care hospitals to implement changes arising from our continuing experience with these systems and to implement certain statutory provisions contained in the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 (collectively known as the Affordable Care Act) and other legislation. These changes would be applicable to discharges occurring on or after October 1, 2011. We also are setting forth the proposed update to the rate-of-increase limits for certain hospitals excluded from the IPPS that are paid on a reasonable cost basis subject to these limits. The proposed updated rate-of-increase limits would be effective for cost reporting periods beginning on or after October 1, 2011. We are proposing to update the payment policy and the annual payment rates for the Medicare prospective payment system (PPS) for inpatient hospital services provided by long-term care hospitals (LTCHs) and implement certain statutory changes made by the Affordable Care Act. These changes would be applicable to discharges occurring on or after October 1, 2011.
Endangered and Threatened Wildlife and Plants; Proposed Rule To Revise the List of Endangered and Threatened Wildlife for the Gray Wolf (Canis lupus
We, the U.S. Fish and Wildlife Service (Service or USFWS) are re-evaluating the listing of the Minnesota population of gray wolves (Canis lupus) and propose to revise it to conform to current statutory and policy requirements. We propose to identify the Minnesota population as a Western Great Lakes (WGL) Distinct Population Segment (DPS) of the gray wolf and to remove this DPS from the List of Endangered and Threatened Wildlife. We propose these actions because the best available scientific and commercial information indicates that the WGL DPS does not meet the definitions of threatened or endangered under the Act. This proposed rule, if made final, would remove the currently designated critical habitat for the gray wolf in Minnesota and Michigan and the current special regulations for gray wolves in Minnesota. We also propose to revise the range of the gray wolf (the species C. lupus) by removing all or parts of 29 eastern states that we now recognize were not part of the historical range of the gray wolf. New information indicates that these areas should not have been included in the original listing of the gray wolf. In this proposed rule, we recognize recent taxonomic information indicating that the gray wolf subspecies Canis lupus lycaon should be elevated to the full species C. lycaon. Given that a complete status review of this newly recognized species has never been conducted, we are initiating a rangewide review of the conservation status of C. lycaon in the United States and Canada. This rule also constitutes the initiation of our five-year review of the status of gray wolves under section 4(c)(2) of the Act, as well as the initiation of status reviews specific to gray wolves in the Pacific Northwest and Mexican wolves in the Southwest United States and Mexico.
Government-Owned Inventions; Availability for Licensing
The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing.
Proposed Processed Raspberry Promotion, Research, and Information Order
This document directs that a referendum be conducted among eligible producers of raspberries for processing and importers of processed raspberries to determine whether they favor the establishment of an industry-funded promotion, research, and information program for processed raspberries. The proposed program, Processed Raspberry Promotion, Research, and Information Order (Proposed Order), was submitted to the Department of Agriculture (Department) by the Washington Red Raspberry Commission (WRRC). Under the Proposed Order, producers of raspberries for processing and importers of processed raspberries would pay an assessment of up to one cent per pound, with the initial assessment rate being one cent per pound, which would be paid to the proposed National Processed Raspberry Council (Council). Producers and importers of less than 20,000 pounds annually of raspberries for processing and processed raspberries, respectively, would be exempt from the assessment. The proposed program would be implemented under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). The Department is conducting an initial referendum to ascertain whether the persons to be covered by and assessed under the Proposed Order favor the implementation of the program prior to it going into effect. The Proposed Order would be implemented if it is approved by a majority of producers and importers voting in the referendum.
User Fees for 2011 Crop Cotton Classification Services to Growers
The Agricultural Marketing Service (AMS) will maintain user fees for cotton producers for 2011 crop cotton classification services under the Cotton Statistics and Estimates Act at the same level as in 2010. These fees are also authorized under the Cotton Standards Act of 1923. The 2010 crop user fee was $2.20 per bale, and this rule will continue the fee for the 2011 cotton crop at that same level. This fee and the existing reserve are sufficient to cover the costs of providing classification services for the 2011 crop, including costs for administration and supervision.
National Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances (Livestock)
This proposed rule would amend the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) to reflect recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on June 20, 2008, and May 30, 2004. The recommendations addressed in this proposed rule pertain to establishing exemptions (uses) for two substances, fenbendazole and moxidectin, on the National List as parasiticides in organic livestock production. Consistent with the recommendations from the NOSB, this proposed rule would amend the National List to add these two substances, along with their restrictive annotations.
Watermelon Research and Promotion Plan; Redistricting and Importer Representation
This proposed rule invites comments on changing the boundaries of all seven districts under the Watermelon Research and Promotion Plan (Plan) to reapportion the producer, handler, and importer memberships on the National Watermelon Promotion Board (Board). In addition, the Board is adding two importer seats based on the quantity of watermelon imports in the past three years. These changes are based on a review of the production and assessments paid in each district and the amount of watermelon import assessments, which the Plan requires at least every five years. As a result of these changes, the importer seats would increase from six to eight. Therefore, the total Board membership would increase from 35 to 37 members. In addition, a new CFR section is added to reflect the importer representation on the Board.
Notice of Request for an Extension and Revision to a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget, for an extension of and revision to the currently approved information collection for Recordkeeping Requirements for Certified Applicators of Federally Restricted Use Pesticides (7 CFR part 110).
Commercial Driver's License (CDL) Standards; Volvo Trucks North America, Renewal of Exemption
FMCSA renews an exemption from the requirement to hold a commercial driver's license (CDL) sought by Volvo Trucks North America (Volvo) on behalf of five employees. Volvo requested renewal of the CDL exemption for five Swedish engineers employed by the company to enable these individuals to continue test-driving commercial motor vehicles (CMVs) in the United States. All hold valid Swedish CDLs. FMCSA believes that the training program and knowledge and skills testing that drivers must undergo to obtain a Swedish CDL ensure a level of safety equivalent to, or greater than, the level of safety that would be obtained by complying with the U.S. requirement for a CDL.
Proposed Settlement Agreement, Clean Air Act Citizen Suit
In accordance with section 113(g) of the Clean Air Act, as amended (``CAA''), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement to resolve a lawsuit filed by the Sierra Club, the National Parks Conservation Association, and the Northwest Environmental Defense Center (collectively ``Plaintiffs'') in the United States District Court for the Western District of Washington: Sierra Club, et al. v. U.S. Environmental Protection Agency, No. 2:10- cv-01872-RSL (W.D. Wash.). Plaintiffs filed a deadline suit to compel the Administrator to respond to an administrative petition seeking EPA's objection to a CAA Title V operating permit issued by the Southwest Clean Air Agency to Transalta Centralia Generation L.L.C. (``Transalta'') for its coal-fired power plant in Centralia, Washington. The proposed settlement agreement states that EPA intends to respond to the petition by April 29, 2011.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its denial of 106 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck and bus drivers and the reasons for the denials. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions does not provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Hours of Service Exception for Railroad Signal Employees
The Federal Motor Carrier Safety Administration (FMCSA) amends its hours-of-service (HOS) regulations to adopt regulatory language consistent with the statutory exemption for certain railroad signal employees operating commercial motor vehicles (CMVs) in connection with railroad signal work. This is in accordance with the Rail Safety Improvement Act of 2008 (RSIA of 2008), which took effect July 16, 2009. This action will ensure that Federal, State and local motor carrier enforcement officials are aware of the statutory exemption applicable to signal employees and eliminate the potential for issuance of improper citations.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces receipt of applications from 14 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision standard.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces receipt of applications from 19 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision standard.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
FMCSA announces receipt of applications from 24 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.
30-Day Notice of Proposed Information Collection DS 4053, Department of State Mentor-Protégé Program Application
The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Department of State Mentor-Prot[eacute]g[eacute] Program Application. OMB Control Number: OMB 1405-0161. Type of Request: Extension of a Currently Approved Collection. Originating Office: Bureau of Administration, Office of Small and Disadvantaged Business UtilizationA/SDBU. Form Number: DS-4053. Respondents: Small and large for-profit companies planning to team together in an official mentor-prot[eacute]g[eacute] capacity to improve the likelihood of winning DOS contracts. Estimated Number of Respondents: 14 respondents per year. Estimated Number of Responses: 14 per year. Average Hours Per Response: 21 hours. Total Estimated Burden: 294 hours. Frequency: On occasion. Obligation to Respond: Required to Obtain Benefit.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 25 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
60-Day Notice of Proposed Information Collection: DS-7001 and DS-7005, DOS-Sponsored Academic Exchange Program Application, OMB Control Number 1405-0138
The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: DOS-Sponsored Academic Exchange Program Application. OMB Control Number: 1405-0138. Type of Request: Extension of a Currently Approved Collection. Originating Office: Bureau of Educational and Cultural Affairs, ECA/A/E/EUR. Form Number: DS-7001, DS-7005. Respondents: Applicants for the Academic Exchange Program. Estimated Number of Respondents: 7160 (For DS-7001, 3842 estimated; for DS-7005, 3318 estimated). Estimated Number of Responses: 7160 (For DS-7001, 3842 estimated; for DS-7005, 3318 estimated). Average Hours per Response: 0.75. Total Estimated Burden: 5370 hours. Frequency: Annually. Obligation to Respond: Voluntary.
Stainless Steel Sheet and Strip in Coils From Mexico: Final Results of the Five-Year (“Sunset”) Review of the Antidumping Duty Order
Pursuant to sections 751(c) and 752 of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``Department'') finds that revocation of the antidumping duty order on stainless steel sheet and strip (``SSSS'') in coils from Mexico would be likely to lead to continuation or recurrence of dumping.
Stainless Steel Sheet and Strip in Coils From Italy: Final Results of the Full Five-Year (“Sunset”) Review of the Antidumping Duty Order
Pursuant to sections 751(c) and 752 of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``Department'') finds, as a result of this review, that revocation of the antidumping duty order on stainless steel sheet and strip (``SSSS'') in coils from Italy would be likely to lead to a continuation of dumping.
Stainless Steel Plate in Coils from Belgium: Final Results of Full Sunset Review and Revocation of the Countervailing Duty Order
On June 2, 2010, the Department of Commerce (``the Department'') initiated the second sunset review of the countervailing duty (``CVD'') order on certain stainless steel plate in coils from Belgium (``SSPC'' or ``subject merchandise'') pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties and adequate substantive responses from ArcelorMittal Stainless Belgium N.V. (``AMS'') and the Government of Belgium (``GOB''), the Department determined to conduct a full sunset review of the CVD order pursuant to section 751(c) of the Act and 19 CFR 351.218(e)(2). As a result of our analysis, the Department finds that revocation of the CVD order would not likely lead to continuation or recurrence of a countervailable subsidy. Therefore, the Department is revoking this CVD order.
Human Studies Review Board (HSRB); Notification of a Public Teleconference
The U. S. Environmental Protection Agency (EPA) Office of the Science Advisor (OSA) announces a public teleconference of the HSRB to discuss its draft report from the April 13-14, 2011 HSRB meeting, and consider a draft letter from an HSRB workgroup on providing research participants with individualized study results measuring the amount of antimicrobial cleaning products on participants' skin and the amount they breathe in while mopping floors.
Proposed Exemptions from Certain Prohibited Transaction Restrictions
This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code). This notice includes the following proposed exemptions: D-11513, North Trust Corporation; D- 11634, The United Brotherhood of Carpenters Pension Fund (the Fund); D- 11639, Wolverine Bronze Profit Sharing Plan and Trust (the Plan); and L-11651 and L-11652, Verizon Communications, Inc. (Verizon and Cellco Partnership, doing business as Verizon Wireless (Verizon Wireless; collectively, the Applicants) et al.]
International Standards on the Transport of Dangerous Goods; Public Meeting
This notice is to advise interested persons that PHMSA will conduct a public meeting in preparation for the 39th session of the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE TDG) to be held June 20-24, 2011, in Geneva, Switzerland. During this meeting, PHMSA is also soliciting comments relative to potential new work items which may be considered for inclusion in its international agenda.
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