May 2014 – Federal Register Recent Federal Regulation Documents

This document requests comments on a Petition for Rule Making filed by Ashley A. Bruton, proposing the allotment of Channel 280A at McCall, Idaho, as the community's eighth local service. A staff engineering analysis confirms that Channel 280A can be allotted to McCall, Idaho consistent with the minimum distance separation requirements of the rules with a site restriction 0.4 kilometers (0.2 miles) southwest of the community. The reference coordinates are 44-54- 30 NL and 116-06-00 WL.

The U.S. Department of Energy (DOE) has preliminarily determined that the 2013 edition of the ANSI/ASHRAE/IES \1\ Standard 90.1: Energy Standard for Buildings, Except Low-Rise Residential Buildings would improve energy efficiency in buildings subject to the code compared to the 2010 edition of Standard 90.1. DOE has preliminarily determined that buildings built to Standard 90.1-2013, as compared with buildings built to Standard 90.1-2010, would result in national source energy savings of approximately 8.5 percent and site energy savings of approximately 7.6 percent of commercial building energy consumption. If this determination is finalized, States would be required to certify that they have reviewed the provisions of their commercial building code regarding energy efficiency, and, as necessary, updated their codes to meet or exceed Standard 90.1-2013. Additionally, this notice provides guidance to States on certifications and requests for extensions of deadlines for certification statements.

This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single- Employer Plans to prescribe interest assumptions under the regulation for valuation dates in June 2014. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.

This action affirms the policy and responds to comments received in response to the Notice published on July 19, 2013 (78 FR 43091) regarding the application of our regulations, Technical Operations Safety Action Program (T-SAP) and Air Traffic Safety Action Program (ATSAP). The Notice proposed that safety information provided to the FAA under the T-SAP and ATSAP programs be designated by an FAA Order as protected from public disclosure in accordance with the provisions of our regulations, Protection of Voluntarily Submitted Information. The designation is intended to encourage persons to voluntarily provide information to the FAA under the T-SAP and ATSAP, so the FAA can learn about and address aviation safety hazards and implement, as appropriate, corrective measures for events or safety issues.

Section 1(h) of the Act to correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code (AIA Technical Corrections Act) revised the patent law provisions pertaining to patent term adjustment. Section 1(h) of the AIA Technical Corrections Act revised the date from which the fourteen- month patent term adjustment period is measured, and clarified the date from which the three-year patent term adjustment period is measured, with respect to international applications filed under the Patent Cooperation Treaty. Under section 1(h) of the AIA Technical Corrections Act, the fourteen-month patent term adjustment period and the three- year patent term adjustment period is measured from the same date: the date on which an application was filed under 35 U.S.C. 111(a) in an application under 35 U.S.C. 111; or the date of commencement of the national stage under 35 U.S.C. 371 in an international application. Section 1(h) of the AIA Technical Corrections Act also revised the provisions for notifying applicants of patent term adjustment determinations and revised the time period for requesting reconsideration and judicial review of the Office's patent term adjustment determinations and decisions. The United States Patent and Trademark Office (Office) published an interim rule on April 1, 2013 (patent term adjustment interim rule), amending the rules of practice to implement the changes to the patent term adjustment provisions in section 1(h) of the AIA Technical Corrections Act. This final rule adopts as final the amendments to the rules of practice originally set forth in the patent term adjustment interim rule. The Office is further providing an optional procedure for requesting a recalculation of patent term adjustment, as an alternative to the petition and fee otherwise required to request reconsideration of a patent term adjustment determination, for patents issued between January 14, 2013 (the date of enactment of the AIA Technical Corrections Act) and May 20, 2014 (patents issued on or after this date will have patent term adjustment determinations consistent with the AIA Technical Corrections Act) that resulted directly from international applications. The Office is providing this optional procedure for requesting a recalculation of patent term adjustment because the Office has experienced a significant delay in modifying the computer program used to calculate patent term adjustment with respect to the changes resulting from the AIA Technical Corrections Act.

The Department of Energy (DOE) is proposing to revise existing regulations covering the administrative requirements for grants and cooperative agreements with for-profit organizations. The proposed regulations would modify title provisions, and requirements related to the handling of real property and equipment acquired with federal funds. They would also add provisions related to export control requirements and supporting U.S. manufacturing, reporting on utilization of subject inventions, novation of financial assistance agreements, and changes of control of recipients.

This action updates the descriptions of restricted areas R- 5001A and R-5001B, Fort Dix, NJ, to reflect the renaming of the military installation as ``Joint Base McGuire-Dix-Lakehurst, NJ,'' update the controlling and using agency information, eliminate redundant wording, and adjust by one second the longitude coordinate for the first point in the description of R-5001A. This action does not alter the boundaries or the use of the restricted areas.

The Environmental Protection Agency (EPA) is approving revisions to the State Implementation Plan (SIP) for the State of Iowa. This action will amend the SIP to include revised permitting regulations to allow facilities to construct or modify existing sources in areas that are not in attainment with the National Ambient Air Quality Standards. The rule revisions incorporate Federal regulation by reference. The provisions from previous nonattainment permitting rules are being retained and are now relocated to Chapter 31 ``Nonattainment Areas''. EPA is also acting to approve the SIP to update the rule revisions for the definition of excess emissions and conformity of general actions rule.

The Department of Veterans Affairs (VA) proposes to amend its medical regulations concerning eligibility for the Health Care for Homeless Veterans (HCHV) program. The HCHV program provides per diem payments to non-VA community-based facilities that provide housing, outreach services, case management services, and rehabilitative services, and may provide care and/or treatment to homeless veterans who are enrolled in or eligible for VA health care. The proposed rule would modify VA's HCHV regulations to conform to changes enacted in the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012. Specifically, the proposed rule would remove the requirement that homeless veterans be diagnosed with a serious mental illness or substance use disorder to qualify for the HCHV program. This change would make the program available to all homeless veterans who are enrolled in or eligible for VA health care. The proposed rule would also update the definition of homeless to match in part the one used by the Department of Housing and Urban Development (HUD). The proposed rule would further clarify that the services provided by the HCHV program through non-VA community-based providers must include case management services, including non-clinical case management, as appropriate.

FMCSA amends its Hazardous Materials Safety Permits rules to update the current incorporation by reference of the ``North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403.'' Currently the rules reference the April 1, 2013, edition of the out-of-service criteria and through this final rule, FMCSA incorporates the April 1, 2014, edition.

The Federal Trade Commission (``FTC'' or ``Commission'') resumes its regulatory review of the Guide Concerning Fuel Economy Advertising for New Automobiles (``Fuel Economy Guide'' or ``Guide''). The Commission seeks comments on potential amendments to update the Guide to reflect changes to the Environmental Protection Agency's (``EPA'') fuel economy labeling rules, address advertising for alternative fueled vehicles, and consider other advertising claims prevalent in the market.

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. Some of the proposed changes 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), the Protecting Access to Medicare Act of 2014, and other legislation. These proposed changes would be applicable to discharges occurring on or after October 1, 2014, unless otherwise specified in this proposed rule. We also are proposing to update 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, 2014. We also are proposing to update the payment policies and the annual payment rates for the Medicare prospective payment system (PPS) for inpatient hospital services provided by long-term care hospitals (LTCHs) and to implement certain statutory changes to the LTCH PPS under the Affordable Care Act and the Pathway for Sustainable Growth Rate (SGR) Reform Act of 2013 and the Protecting Access to Medicare Act of 2014. In addition we are proposing to revise the interruption of stay policy for LTCHs and to retire the ``5 percent'' payment adjustment for co-located LTCHs. While many of the statutory mandates of the Pathway for SGR Reform Act will apply to discharges occurring on or after October 1, 2014, others will not begin to apply until 2016 and beyond. However, in light of the degree of forthcoming change, we discuss changes infra and request public feedback to inform our proposals for FY 2016 in this proposed rule as well. In addition, we are proposing to make a number of changes relating to direct graduate medical education (GME) and indirect medical education (IME) payments. We are proposing to establish new requirements or revise requirements for quality reporting by specific providers (acute care hospitals, PPS-exempt cancer hospitals, and LTCHs) that are participating in Medicare. We are proposing to update policies relating to the Hospital Value- Based Purchasing (VBP) Program, the Hospital Readmissions Reduction Program, and the Hospital-Acquired Condition (HAC) Reduction Program. In addition, we are proposing changes to the regulations governing provider administrative appeals and judicial review relating to appropriate claims in provider cost reports; updates to the reasonable compensation equivalent (RCE) limits for services furnished by physicians to teaching hospitals excluded from the IPPS; regulatory revisions to broaden the specified uses of risk adjustment data and to specify the conditions for release of risk adjustment data to entities outside of CMS; and changes to the enforcement procedures for organ transplant centers. We are proposing to align the reporting and submission timelines for clinical quality measures for the Medicare EHR Incentive Program for eligible hospitals and critical access hospitals (CAHs) with the reporting and submission timelines for the Hospital IQR Program. In addition, we provide guidance and clarification of certain policies for eligible hospitals and CAHs such as our policy for reporting zero denominators on clinical quality measures and our policy for case threshold exemptions.

This document contains proposed regulations that clarify the definition of real property for purposes of the real estate investment trust provisions of the Internal Revenue Code (Code). These proposed regulations provide guidance to real estate investment trusts and their shareholders. This document also provides notice of a public hearing on these proposed regulations.

The Idaho Department of Environmental Quality (IDEQ) submitted a revision to the State Implementation Plan (SIP), dated December 14, 2012, to address Clean Air Act (CAA or the Act) requirements for the Idaho portion (hereafter referred to as ``Franklin County'') of the cross border Logan, Utah-Idaho nonattainment area for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards. The EPA is proposing to approve the baseline emissions inventory contained in IDEQ's submittal as meeting the requirement to submit a comprehensive, accurate, and current inventory of direct PM2.5 and PM2.5 precursor emissions in Franklin County.

The Commission, at the request of Western Pacific Broadcast, LLC (``Western Pacific''), amends the Post-Transition Table of DTV Allotments to delete channel 5 at Seaford and substitute channel 5 at Dover, Delaware and to modify WMDE(TV)'s construction permit to specify Dover as the station's community of license. Western Pacific asserts that the change in community of license would serve the public interest by providing Dover, the second largest city in Delaware, with its first local television service and that the smaller community of Seaford would remain well-served after the reallotment.

The Environmental Protection Agency (EPA) is proposing to approve a portion of the State Implementation Plan submittal from the State of Oregon to address Clean Air Act interstate transport requirements in section 110(a)(2)(D)(i)(I) for the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards. The Clean Air Act requires that each State Implementation Plan contain adequate provisions prohibiting air emissions that will have certain adverse air quality effects in other states. The EPA is proposing to determine that Oregon's existing State Implementation Plan contains adequate provisions to ensure that air emissions in Oregon do not significantly contribute to nonattainment or interfere with maintenance of the 2006 24-hour PM2.5 National Ambient Air Quality Standard in any other state.

We propose to adopt a new airworthiness directive (AD) for M7 Aerospace LLC Models SA227-AT, SA227-AC, SA227-BC, SA227-CC, and SA227- DC airplanes equipped with a bayonet shear pin main cabin door latching mechanism. This proposed AD was prompted by fatigue cracks found in the internal door surround doubler, the external skin fuselage skin, and the door corner fittings at the fuselage upper forward corner of the main cabin door cutout. This proposed AD would require repetitively inspecting the four corners of the main cabin door cutout for cracks, making necessary repairs, and reporting inspection results to M7 Aerospace LLC. We are proposing this AD to correct the unsafe condition on these products.

Section 366 of the National Defense Authorization Act for Fiscal Year 2012 directs the Secretary of Defense to determine a fair and reasonable rate of payment for airlift services provided to the Department of Defense by air carriers who are participants in the Civil Reserve Air Fleet Program. The Department of Defense (the Department or DoD) proposes to promulgate regulations to establish ratemaking procedures for civil reserve air fleet contracts as required by Section 366(a) in order to determine a fair and reasonable rate of payment.

This proposed rule would adjust the 2014 fishing season quotas for North and South Atlantic swordfish based upon 2013 commercial quota underharvests and international quota transfers consistent with the International Commission for the Conservation of Atlantic Tunas (ICCAT) Recommendations 13-02 and 13-03. Additionally, this proposed rule would modify the regulations to comply with future changes to the North Atlantic swordfish underharvest carryover limits, which become effective in 2015. This proposed rule could affect commercial and recreational fishing for swordfish in the Atlantic Ocean, including the Caribbean Sea and Gulf of Mexico. This action implements ICCAT recommendations, consistent with the Atlantic Tunas Convention Act (ATCA), and furthers domestic management objectives under the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

EPA issued a proposed rule in the Federal Register issue of March 19, 2014, concerning protections from pesticides for agricultural workers. This document extends the comment period for 60 days, from June 17, 2014, to August 18, 2014. The comment period is being extended to provide additional time for commenters to prepare their responses.

The Coast Guard proposes to establish a safety zone in Lake Michigan, Winnetka, Illinois. This proposed safety zone is necessary to protect the surrounding public and vessels from the hazards associated with a fireworks display. This safety zone is intended to restrict vessels from a portion of Lake Michigan due to hazards associated with a fireworks display.

The Coast Guard will enforce the 37th Annual Parker, AZ Tube Float marine event and associated waterway restriction special local regulations on June 7, 2014. This event occurs in the navigable waters of the Colorado River in Parker, Arizona, covering six miles from the La Paz County Park to the Headgate Dam. These special local regulations are necessary to provide for the safety of the participants, crew, spectators, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative.

The Environmental Protection Agency (EPA) is approving revisions to the State Implementation Plan (SIP) for the state of Iowa. These revisions amend the SIP to include revisions to Iowa air quality rules necessary to allow for implementation of revised National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5), lead, and sulfur dioxide (SO2) as they apply to construction permit exemptions. The spray booth ``permit by rule'' is revised to add content limits for lead-containing spray materials. The updated Federal references to the revised NAAQS are also included in this revision. The revisions improve the stringency of the SIP. EPA is also approving revisions to the Iowa Title V Operating Permits Program to modify requirements for insignificant activities. The changes correspond to the revisions to the construction permit exemptions amended with this SIP revision.

The Agricultural Marketing Service (AMS) will maintain user fees for 2014 crop cotton classification services at $2.20 per bale the same level as in 2013. Revenues resulting from this cotton classing fee and existing reserves are sufficient to cover the costs of providing classification services for the 2014 crop, including costs for administration and supervision.

EPA is revoking, modifying, and establishing specific tolerances for the fungicide mancozeb and revising the definition for total residue of dithiocarbamates permitted in or on the same raw agricultural commodity. These actions are in follow-up to the tolerance recommendations made during the reregistration and tolerance reassessment processes (including follow-up on canceled or additional uses of pesticides). In addition, EPA is removing expired tolerances for mancozeb and maneb. EPA is taking no further tolerance actions herein on metiram and thiram because proposed changes have since been completed for metiram and the Agency expects to propose tolerance actions for thiram in a future notice in the Federal Register.