May 6, 2013 – Federal Register Recent Federal Regulation Documents

The Department of Veterans Affairs (VA) amends its regulations concerning the billing methodology for non-VA providers of home health services and hospice care. Because the newly applicable methodology cannot supersede rates for which VA has specifically contracted, this rulemaking will only affect home health and hospice care providers who do not have existing negotiated contracts with VA. This rule also rescinds internal guidance documents that could be interpreted as conflicting with this final rule.

The Coast Guard is establishing a special local regulation on the waters of Bahia de Boqueron in Boqueron, PR during the 50 Aniversario Balneario de Boqueron, a high speed boat race. The event is scheduled to take place on Sunday, May 5, 2013. Approximately 40 high- speed power boats will be participating in the races. It is anticipated that 5 spectator crafts will be present during the races. The special local regulation is necessary for the safety of race participants, participant vessels, spectators, and the general public during the event. The special local regulation will establish the following three areas: a high speed boat race area, where all persons and vessels, except those persons and vessels participating in the high-speed boat races, are prohibited from entering, transiting through, anchoring in, or remaining within; a buffer zone around the race area, where all persons and vessels, except those persons and vessels enforcing the buffer zone or authorized participants transiting to their authorized the race area, are prohibited from entering, transiting through, anchoring in, or remaining within; and a spectator area, where all vessels are prohibited from anchoring and from traveling in excess of wake speed, unless authorized by the Captain of the Port San Juan or a designated representative.

The Coast Guard proposes to amend the list of safety zones for annual events in the Captain of the Port Detroit Zone. This proposed rule is intended to amend the rules that restrict vessels from portions of water areas during events that pose a hazard to public safety. Specifically, this rule proposes to add seven new safety zones and revise the locations of fifteen safety zones. The permanent safety zones established by this proposed rule are necessary to protect spectators, participants, and vessels from the hazards associated with fireworks displays, and other events.

This action proposes special conditions for the Embraer S.A. Model EMB-550 airplane. This airplane will have a novel or unusual design feature(s) associated with multiple place and single place side- facing seats and installation of airbag systems in the shoulder belts. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on our October 2, 2012, proposed listing decision and proposed designation of critical habitat for Coral Pink Sand Dunes tiger beetle under the Endangered Species Act of 1973, as amended. We announce the availability of a draft economic analysis (DEA), a draft environmental assessment (EA), an amendment to the 2009 Conservation Agreement and Strategy for the Coral Pink Sand Dunes tiger beetle, and an amended required determinations section of the proposal. We also announce the availability of 2012 Coral Pink Sand Dunes tiger beetle survey results that were not available when the proposed rule was being written. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated DEA, the Draft EA, the Conservation Agreement amendment, and the amended required determinations section. We also announce a public hearing to be held in Kanab, Utah.

In this document, the Federal Communications Commission's Wireline Competition Bureau clarifies and corrects certain provisions of the Commission's rules in response to recent petitions and other requests for clarification or correction of the new rules adopted as part of Universal Service Fund intercarrier compensation transformation reforms and also grants a limited waiver of the Commission's rules to address administrative concerns and rule inconsistencies.

The EPA is proposing to approve revisions to the Texas State Implementation Plan (SIP), 30 TAC, Chapter 117 Control of Air Pollution from Nitrogen Compounds. These revisions concern two separate actions. First, we are proposing to approve revisions to Texas SIP, Chapter 117 emissions specifications for lean burn engines fired on landfill or other biogas at minor sources of Nitrogen Oxides (NOX). Second, we are proposing to approve revisions to Texas SIP, Chapter 117 to include low temperature drying and curing ovens used in wet-laid non-woven fiber mat manufacturing operations when nitrogen containing resins or other additives are used. These two actions affect NOX sources operating in the Dallas Fort-Worth 1997 8-hour ozone nonattainment area. The EPA is approving these two actions pursuant to section 110 of the Federal Clean Air Act.

EPA is granting direct final approval of a revision to the Texas State Implementation Plan (SIP) concerning the Texas Low Emission Diesel fuel rules. The revisions clarify existing definitions and provisions, revise the approval procedures for alternative diesel fuel formulations, add new registration requirements, and update the rule to reflect the current program status because the rule is now fully implemented. This SIP revision meets statutory requirements.

This action amends Class E Airspace at Easton, PA, as the Allentown VORTAC has been decommissioned and new Standard Instrument Approach Procedures have been developed at Braden Airpark. This action enhances the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also recognizes the airport's name change and updates the geographic coordinates of the airport.

We, the U.S. Fish and Wildlife Service, propose to create a special rule under authority of section 4(d) of the Endangered Species Act of 1973, as amended (Act), that provides measures that are necessary and advisable to provide for the conservation of the lesser prairie-chicken (Tympanuchus pallidicinctus). In addition, we announce the reopening of the public comment period on the December 11, 2012, proposed rule to list the lesser prairie-chicken as a threatened species under the Act. We also announce the availability of a draft rangewide conservation plan for the lesser prairie-chicken, which has been prepared by the Lesser Prairie-Chicken Interstate Working Group, and request comments on the plan as it relates to our determination of status under section 4(a)(1) of the Act.

We are revising an airworthiness directive (AD) for certain Diamond Aircraft Industries GmbH Models HK 36 R, HK 36 TS, and HK 36 TTS powered gliders. AD 2013-04-08 required replacement of each elevator bell crank assembly and elevator bell crank mount. This AD retains the actions of AD 2013-04-08 but decreases gliders in the Applicability by removing the Model H-36 from the Applicability. This AD was prompted by reports of installation of an unsuitable self- locking nut on the bell crank of the elevator push rod that can cause failure of the elevator, resulting in loss of control. We are issuing this AD to correct the unsafe condition on these products.

EPA is proposing to approve a revision to the Illinois State Implementation Plan (SIP). This approval resolves the issues raised in the June 7, 2012 (77 FR 33659) conditional approval of Illinois' rules. EPA is also proposing to approve volatile organic compound (VOC) content limits and associated provisions for additional consumer products categories into the State's SIP. Finally, EPA is proposing to approve language to clarify VOC limit applicability for architectural and industrial maintenance coatings into the Illinois SIP.