September 6, 2013 – Federal Register Recent Federal Regulation Documents

Medicare and Medicaid Programs: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Hospital Value-Based Purchasing Program; Organ Procurement Organizations; Quality Improvement Organizations; Electronic Health Records (EHR) Incentive Program; Provider Reimbursement Determinations and Appeals; Correction and Limited Extension of Comment Period
Document Number: 2013-21849
Type: Proposed Rule
Date: 2013-09-06
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This document corrects technical errors that appeared in the proposed rule published in the Federal Register on July 19, 2013, entitled ``Medicare and Medicaid Programs: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Hospital Value-Based Purchasing Program; Organ Procurement Organizations; Quality Improvement Organizations; Electronic Health Records (EHR) Incentive Program; Provider Reimbursement Determinations and Appeals.'' This document extends the comment period for 10 days for the technical corrections set forth in this correcting document.
Extension of Expiration Dates for Two Body System Listings
Document Number: 2013-21845
Type: Rule
Date: 2013-09-06
Agency: Social Security Administration, Agencies and Commissions
We are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Genitourinary Impairments and Hematological Disorders. We are making no other revisions to these body systems in this final rule. These extensions will ensure that we continue to have the criteria we need to evaluate impairments in the affected body systems at step three of the sequential evaluation processes for initial claims and continuing disability reviews.
Approval and Promulgation of Air Quality Implementation Plans; Maine; Oxides of Nitrogen Exemption and Ozone Transport Region Restructuring
Document Number: 2013-21782
Type: Proposed Rule
Date: 2013-09-06
Agency: Environmental Protection Agency
The EPA is announcing an extension of the public comment period on our proposed Approval and Promulgation of Air Quality Implementation Plans; Maine; Oxides of Nitrogen Exemption and Ozone Transport Region Restructuring (August 5, 2013). The EPA is extending the comment period that originally was scheduled to end on September 4, 2013. The extended comment period will close on October 3, 2013. The EPA is extending the comment period because of a request we received.
Air Quality Implementation Plan; Alabama; Attainment Plan for the Troy Area 2008 Lead Nonattainment Area
Document Number: 2013-21781
Type: Proposed Rule
Date: 2013-09-06
Agency: Environmental Protection Agency
EPA is proposing to approve a state implementation plan (SIP) revision, submitted by the State of Alabama through the Alabama Department of Environmental Management (ADEM), to EPA on November 9, 2012, for the purpose of providing for attainment of the 2008 Lead National Ambient Air Quality Standards (NAAQS) in the Troy 2008 Lead nonattainment area (hereafter referred to as the ``Troy Area'' or ``Area''). The Troy Area is comprised of a portion of Pike County in Alabama surrounding the Sanders Lead Company (hereafter referred to as ``Sanders Lead''). EPA is proposing to approve Alabama's November 9, 2012 SIP submittal regarding the attainment plan based on Alabama's attainment demonstration for the Troy Area. The attainment plan includes the base year emissions inventory requirements, an analysis of the reasonably available control technology (RACT) and reasonably available control measures (RACM) requirements, reasonable further progress (RFP) plan, modeling demonstration of lead attainment and contingency measures for the Troy Area. This action is being taken in accordance with Clean Air Act (CAA or Act) and EPA's guidance related to lead attainment planning.
Approval and Promulgation of Implementation Plans; Oklahoma; Revisions to Excess Emissions Requirements; Finding of Substantial Inadequacy: and Call for Oklahoma State Implementation Plan Revision
Document Number: 2013-21777
Type: Proposed Rule
Date: 2013-09-06
Agency: Environmental Protection Agency
The EPA is proposing three actions concerning revisions to the Oklahoma State Implementation Plan (SIP) submitted by the State of Oklahoma on July 16, 2010 (the July 16, 2010 SIP submittal). These actions address revisions to the Oklahoma Administrative Code (OAC), Title 252, Chapter 100, Subchapter 9Excess Emission Reporting Requirements (Subchapter 9). In the first action, we are proposing approval of certain provisions of the July 16, 2010 SIP submittal which are consistent with the Clean Air Act (CAA or Act). In the second action, we are proposing a limited approval and limited disapproval of certain other provisions of the July 16, 2010 SIP submittal which will have the overall effect of strengthening the Oklahoma SIP, but a portion of which are inconsistent with the requirements of the CAA. In the third action, we are proposing a finding of substantial inadequacy and proposing a SIP call with a proposed submittal date for certain provisions of the July 16, 2010 SIP submittal associated with the proposed limited approval and limited disapproval found to be inconsistent with CAA requirements, as set forth in the second action. If finalized, the SIP call associated with the proposed finding of substantial inadequacy will not, by itself, trigger a sanction clock for Oklahoma. This rulemaking is being taken in accordance with section 110 of the Act.
Extension of Port Limits of Indianapolis, IN
Document Number: 2013-21772
Type: Rule
Date: 2013-09-06
Agency: Department of Homeland Security, U.S. Customs and Border Protection
U.S. Customs and Border Protection (CBP) is extending the geographical limits of the port of entry of Indianapolis, Indiana. This extension will make the boundaries more easily identifiable to the public and will allow for uniform and continuous service to the extended area of Indianapolis, Indiana. The change is part of CBP's continuing program to use its personnel, facilities, and resources more efficiently, and to provide better service to carriers, importers, and the general public.
Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report
Document Number: 2013-21763
Type: Proposed Rule
Date: 2013-09-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This document makes corrections to a proposed rule published in the Federal Register of August 7, 2013, regarding driver vehicle inspection reports. The corrections involve clerical corrections to references. Additionally, this notice updates the point of contact in the ``Assistance to Small Entities'' section of the NPRM.
Suspension of Community Eligibility
Document Number: 2013-21760
Type: Rule
Date: 2013-09-06
Agency: Federal Emergency Management Agency, Department of Homeland Security
This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.
Suspension of Community Eligibility
Document Number: 2013-21758
Type: Rule
Date: 2013-09-06
Agency: Federal Emergency Management Agency, Department of Homeland Security
This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.
Modification of Treasury Regulations Pursuant to Section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act
Document Number: 2013-21752
Type: Rule
Date: 2013-09-06
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations that remove any reference to, or requirement of reliance on, ``credit ratings'' in regulations under the Internal Revenue Code (Code) and provides substitute standards of credit-worthiness where appropriate. This action is required by the Dodd-Frank Wall Street Reform and Consumer Protection Act. These regulations affect persons subject to various provisions of the Code.
Proposed Amendment of Class D Airspace; Dallas, Addison Airport, TX
Document Number: 2013-21751
Type: Proposed Rule
Date: 2013-09-06
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class D airspace at Addison Airport, Dallas, TX. Changes to air traffic flows in the Dallas-Fort Worth metropolitan area has made it necessary to lower the ceiling of the airspace area to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Research Expenditures
Document Number: 2013-21737
Type: Proposed Rule
Date: 2013-09-06
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document proposes regulations to amend the definition of research and experimental expenditures under section 174 of the Internal Revenue Code (Code). In particular, these proposed regulations provide guidance on the treatment of amounts paid or incurred in connection with the development of tangible property, including pilot models. The regulations will affect taxpayers engaged in research activities. This document also provides notice of a public hearing on these proposed regulations.
Airworthiness Directives; Eurocopter France (Eurocopter) Helicopters
Document Number: 2013-21724
Type: Proposed Rule
Date: 2013-09-06
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Eurocopter Model EC225 LP helicopters. This proposed AD would add a new operating limitation that would require increasing the minimum density altitude flight limitation for helicopters without certain Eurocopter modifications installed. This proposed AD is prompted by a report that flights below a certain density altitude create oscillations in the main rotor which can transfer dynamic loads to the structure, the main gearbox (MGB), and the main servo-control inputs, which could result in subsequent loss of control of the helicopter.
Listing of Color Additives Exempt From Certification; Mica-Based Pearlescent Pigments; Confirmation of Effective Date
Document Number: 2013-21712
Type: Rule
Date: 2013-09-06
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or we) is confirming the effective date of July 15, 2013, for the final rule that appeared in the Federal Register of June 12, 2013 (78 FR 35115). The final rule amended the color additive regulations to provide for the safe use of mica-based pearlescent pigments prepared from titanium dioxide and mica as color additives in distilled spirits containing not less than 18 percent and not more than 23 percent alcohol by volume but not including distilled spirits mixtures containing more than 5 percent wine on a proof gallon basis.
Proposed Waste Confidence Rule and Draft Generic Environmental Impact Statement
Document Number: 2013-21710
Type: Proposed Rule
Date: 2013-09-06
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) plans to hold public meetings to receive public comments on its forthcoming proposed amendments to the NRC's regulations pertaining to the environmental impacts of the continued storage of spent nuclear fuel beyond a reactor's licensed life for operation and prior to ultimate disposal (proposed Waste Confidence rule). In addition, the NRC will receive public comment on its forthcoming draft generic environmental impact statement (DGEIS), NUREG-2157, ``Waste Confidence Generic Environmental Impact Statement,'' that forms the regulatory basis for the proposed amendments. The meetings are open to the public, and anyone may attend. The NRC is issuing this notice in advance of the release of the proposed Waste Confidence rule and DGEIS in order to maximize public participation at these meetings and ensure that as many parties as possible are able to attend.
Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems; Extension of Comment Period
Document Number: 2013-21698
Type: Proposed Rule
Date: 2013-09-06
Agency: Federal Aviation Administration, Department of Transportation
This action extends the comment period for an NPRM that was published on June 11, 2013. In that document, the FAA proposed to permit operators to use an EFVS in lieu of natural vision to continue descending from 100 feet height above runway touchdown zone elevation and land on certain straight-in instrument approach procedures under instrument flight rules. This rule would also permit certain operators using EFVS-equipped aircraft to dispatch, release, or takeoff under instrument flight rules (IFR), and to initiate and continue an approach, when the destination airport weather is below authorized visibility minimums for the runway of intended landing. Pilot training, recent flight experience, and proficiency would be required for operators who use EFVS in lieu of natural vision to descend below decision altitude, decision height, or minimum descent altitude. EFVS- equipped aircraft conducting operations to touchdown and rollout would be required to meet additional airworthiness requirements. This rule would also revise pilot compartment view certification requirements for all vision systems. Given the technical complexity of the NPRM, Dassault-Aviation has requested that the FAA extend the comment period to October 15, 2013 to allow time to adequately analyze the NPRM and provide meaningful comments.
Disease Associated With Exposure to Certain Herbicide Agents: Peripheral Neuropathy
Document Number: 2013-21674
Type: Rule
Date: 2013-09-06
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) adopts as a final rule its proposal to amend its adjudication regulations by clarifying and expanding the terminology regarding presumptive service connection for acute and subacute peripheral neuropathy associated with exposure to certain herbicide agents. This amendment implements a decision by the Secretary of Veterans Affairs based on findings from the National Academy of Sciences (NAS) Institute of Medicine report, Veterans and Agent Orange: Update 2010. It also amends VA's regulation governing retroactive awards for certain diseases associated with herbicide exposure as required by court orders in the class action litigation of Nehmer v. U.S. Department of Veterans Affairs.
Bulk Packaging To Allow for Transfer of Hazardous Liquid Cargoes
Document Number: 2013-21627
Type: Rule
Date: 2013-09-06
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is amending its regulations concerning the transfer of hazardous materials to and from bulk packaging on vessels. The Coast Guard is expanding the list of bulk packaging approved for hazardous material transfers to include International Maritime Organization (IMO) Type 1 and Type 2 portable tanks, United Nations (UN) portable tanks, and Intermediate Bulk Containers (IBCs). The Coast Guard is also expanding the list of allowed hazardous materials to provide greater flexibility in the selection and use of packaging in the transportation of hazardous materials. This rule will eliminate the need to obtain special permits or Competent Authority Approvals to use IMO Type 1 or Type 2 portable tanks, UN portable tanks, or IBCs.
Hazardous Materials: Rail Petitions and Recommendations To Improve the Safety of Railroad Tank Car Transportation (RRR)
Document Number: 2013-21621
Type: Proposed Rule
Date: 2013-09-06
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA is considering revisions to the Hazardous Materials Regulations (HMR) to improve the regulations applicable to the transportation of hazardous materials by rail. The revisions are based on eight petitions received from the regulated community and four National Transportation Safety Board (NTSB) Recommendations which are referenced by a petition. In this ANPRM, we outline the petitions and NTSB recommendations, identify a preliminary estimate of costs and benefits from the petitions, pose several questions, and solicit comments and data from the public. Under Executive Order 13563, Federal agencies were asked to periodically review existing regulations. The questions posed in this ANPRM and responses by commenters will be used in conjunction with a retrospective review of existing requirements aimed to modify, streamline, expand, or repeal existing rules that are outmoded, ineffective, insufficient, or excessively burdensome.
Approval and Promulgation of Air Quality Implementation Plans; Colorado; Construction Permit Program Fee Increases; Construction Permit Regulation of PM2.5
Document Number: 2013-21614
Type: Proposed Rule
Date: 2013-09-06
Agency: Environmental Protection Agency
EPA proposes to approve the three State Implementation Plan (SIP) revision packages submitted by the State of Colorado on June 11, 2008, June 18, 2009, and May 25, 2011. EPA is proposing to approve the June 11, 2008 and June 18, 2009 submittal revisions to Regulation 3, Part A, Section VI.D.1., in which the State, among other things, increased the construction permit processing fees. EPA proposes approval of Colorado's May 25, 2011 submittal, which addresses regulation of fine particulate matter (PM2.5) under Colorado's construction permit program. EPA also proposes to approve minor editorial changes to Regulation 3, Parts A, B, and D in the May 25, 2011 submittal. This action is being taken under section 110 of the Clean Air Act (CAA).
Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 1997 and 2006 PM2.5
Document Number: 2013-21613
Type: Proposed Rule
Date: 2013-09-06
Agency: Environmental Protection Agency
EPA is proposing to partially approve and partially disapprove State Implementation Plan (SIP) submissions from the State of Wyoming to demonstrate that the SIP meets the infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for particulate matter less than or equal to 2.5 micrometers ([mu]m) in diameter (PM2.5) on July 18, 1997 and on October 17, 2006. The CAA requires that each state, after a new or revised NAAQS is promulgated, review their SIP to ensure that they meet the requirements of the ``infrastructure elements'' necessary to implement the new or revised NAAQS. Wyoming provided infrastructure submissions for the 1997 and 2006 PM2.5 NAAQS on March 26, 2008 and August 19, 2011, respectively. EPA does not propose to act on certain portions of the submissions for the 2006 PM2.5 NAAQS that are intended to meet requirements related to interstate transport of air pollution. EPA will act on the remainder of the submissions in a separate action.
Notification of Submission to the Secretary of Agriculture; Pesticides; Satisfaction of Data Requirements; Procedures To Ensure Protection of Data Submitters' Rights
Document Number: 2013-21602
Type: Proposed Rule
Date: 2013-09-06
Agency: Environmental Protection Agency
This document notifies the public as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA Administrator has forwarded to the Secretary of the United States Department of Agriculture (USDA) a draft final rule titled: ``Pesticides; Satisfaction of Data Requirements; Procedures to Ensure Protection of Data Submitters' Rights.'' The draft regulatory document is not available to the public until after it has been signed and made available by EPA.
Gulf Coast Restoration Trust Fund
Document Number: 2013-21595
Type: Proposed Rule
Date: 2013-09-06
Agency: Department of the Treasury
The Department of the Treasury is proposing regulations concerning the investment and use of amounts deposited in the Gulf Coast Restoration Trust Fund, which was established in the Treasury of the United States by the Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act). The regulations contain procedures required by the RESTORE Act, and generally describe the responsibilities of Federal and State entities which administer RESTORE Act programs and carry out restoration activities in the Gulf Coast region.
Addition and Revision to the List of Validated End-Users in the People's Republic of China
Document Number: 2013-21579
Type: Rule
Date: 2013-09-06
Agency: Department of Commerce, Bureau of Industry and Security
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to add an end-user in the People's Republic of China (PRC) to the list of Validated End-Users (VEUs). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to add Intel Semiconductor (Dalian) Ltd. (Intel Dalian) as a VEU. With this rule, exports, reexports and transfers (in-country) of certain items to two Intel Dalian eligible destinations are now authorized under Authorization VEU. BIS also amends Supplement No. 7 to part 748 to change the name of an existing VEU in the PRC, from Lam Research Corporation to Lam Research Service Co., Ltd.
Airworthiness Directives; Bell Helicopter Textron Canada Inc. Helicopters
Document Number: 2013-21578
Type: Rule
Date: 2013-09-06
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Bell Helicopter Textron Canada Inc. (BHT) Model 206A, 206B, and 206L helicopters. This AD requires replacing certain part-numbered engine auto-relight kit control boxes. This AD was prompted by a design review that revealed the control box chipset did not meet the required temperature range requirements, which could cause the control box to malfunction, disabling the engine auto-relight system. The actions of this AD are intended to prevent a disabled auto-relight system, failure of the engine to relight after a flame-out, increased pilot workload during a power loss emergency, and subsequent loss of control of the helicopter.
List of Fair Employment Practice Agencies
Document Number: 2013-21545
Type: Rule
Date: 2013-09-06
Agency: Equal Employment Opportunity Commission, Agencies and Commissions
This final rule amends our regulations to include a footnote stating that the designations of Fair Employment Practice Agencies are based on available information at the time of listing and are subject to modification based on changes in the state or local law; and revise the description of the type of charges for which the Commonwealth of Puerto Rico Department of Labor is a designated Fair Employment Practice Agency.
Proposed Additional Airworthiness Design Standards: Advanced Avionics Under the Special Class (JAR-VLA) Regulations; Aquila Aviation by Excellence GmbH, Model AT01-100.
Document Number: 2013-20150
Type: Proposed Rule
Date: 2013-09-06
Agency: Federal Aviation Administration, Department of Transportation
This document announces the issuance of the design criteria for the inclusion of advance avionics with intergrated electronic displays for the Aquila Aviation by Excellence GmbH AT01-100. These additional provisions are expansions of the existing JAR-VLA (Joint Aviation Requirements-Very Light Aircraft) and CS-VLA regulations as the current regulations do not adequetely address these types of systems. The current regulations only address traditional federated gauges. The European Aviation Safety Agency (EASA) has not expanded the VLA regulations for these types of installation on these types of airplanes through EASA special conditions or new regulations. These Federal Aviation Administration (FAA) design criteria are being proposed to help initiate standards for this type of airplane without being overburdensome and to encourage EASA to follow suit.
Airworthiness Directives; GROB-WERKE Airplanes
Document Number: 2013-20095
Type: Proposed Rule
Date: 2013-09-06
Agency: Federal Aviation Administration, Department of Transportation
This document withdraws a notice of proposed rulemaking (NPRM) that would have applied to GROB-WERKE GMBH & CO KG Model G 115E airplanes. The proposed airworthiness directive (AD) would have required a one-time inspection to verify correct cable routing behind the LH cockpit instrument panel and, depending on findings, correction and replacement of damaged parts. Since issuance of the NPRM, the FAA has re-evaluated this airworthiness concern and determined that the airplanes affected are not type certificated in the United States. This withdrawal does not prevent the FAA from initiating future rulemaking on this subject.
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