March 2016 – Federal Register Recent Federal Regulation Documents

This notice is to advise interested parties of a Military Health System (MHS) demonstration project under the authority of Title 10, United States Code, Section 1092, entitled TRICARE Bundled Payment for Lower Extremity Joint Replacement or Reattachment (LEJR) Surgeries that will test bundled payment and quality measurement on an ``episode of care'' basis to encourage hospitals, physicians, and post-acute care providers to work together to improve the quality and coordination of care from the initial hospitalization through recovery. This demonstration is being conducted in compliance with Section 726 of the National Defense Authorization Act (NDAA) for 2016. This particular TRICARE demonstration will be based on Centers for Medicare and Medicaid Services' (CMS) Comprehensive Care for Joint Replacement (CJR) Model, which will be implemented in 67 metropolitan statistical areas (MSAs) beginning April 1, 2016. CMS's CJR Model is designed to promote better and more efficient care for beneficiaries undergoing LEJR surgery (DRG 469 (major joint replacement or reattachment of lower extremity with major complications or comorbidities) or 470 (major joint replacement or reattachment of lower extremity without major complications or comorbidities)). Participant hospitals in the CMS model will be held financially accountable for the quality and cost of the entire episode of care, which begins with hospital admission of a beneficiary and ends 90 days post-discharge in order to cover all related costs for the complete recovery period. This ``bundled'' episode includes all related items and services paid under Medicare Part A and Part B for all Medicare fee-for-service beneficiaries. The TRICARE demonstration project will test this value-based payment model in the Tampa-St. Petersburg MSA for DRG 470 only (including 90 days of related post-operative care) to assess whether value-driven bundled payment incentives will result in a reduction in the rate of increase in health care spending and improvements in health care quality, patient experience of care, and overall health of TRICARE beneficiaries. All network and non-network hospitals with at least 20 TRICARE admissions for DRG 470 over the three years of Fiscal Year (FY) 2013, 2014, and 2015 shall be required to participate in the demonstration project (excluding admissions for beneficiaries with primary Other Health Insurance (OHI), Active Duty Service Members (ADSMs), and Medicare-TRICARE dual eligible beneficiaries). Once selected for participation, hospitals will remain in the project throughout the duration of this demonstration (regardless of actual TRICARE utilization) unless the Government directs otherwise.

The Department of Agriculture (USDA), Forest Service, is developing Agency policy concerning mitigation of adverse impacts. The Agency is hosting a webinar for all interested members of the public to share information concerning its goals and objectives for the mitigation policy, and the anticipated timeline for developing the policy. Attendees will have an opportunity to ask questions and provide feedback.

This action proposes to amend Class E Airspace Designated as an Extension to a Class D at Charlottesville-Albemarle Airport, Charlottesville, VA, as the Azalea Park Non-Directional Radio Beacon (NDB) has been decommissioned requiring airspace reconfiguration at the airport. Also, the Notice to Airmen (NOTAM) part time status would be removed from this airspace. This action also would update the geographic coordinates of the above airport and the University of Virginia Medical Center Heliport in Class D and E airspace listed in this proposal. This action would enhance the safety and management of Instrument Flight Rules (IFR) operations in the area.

This action proposes to establish Class D and Class E airspace at Brookshire, TX. The establishment of an airport traffic control tower has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations within the airspace at Houston Executive Airport.

This action further corrects a final rule published in the Federal Register of February 4, 2016, and corrected in the Federal Register of March 3, 2016, amending the Class D and E airspace areas at Minot International Airport, Minot, ND. This correction adds part-time Notice to Airmen (NOTAM) language inadvertently removed to the Class E surface area description, and removes duplicative Class E extension airspace boundary information language from the Class E surface area description.

We propose to adopt a new airworthiness directive (AD) for certain Pilatus Aircraft Ltd. Models PC-12, PC-12/45, PC-12/47, and PC- 12/47E airplanes. 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 incorrect installation instructions of the torlon plates in the airplane maintenance manual resulting in the incorrect installation of the torlon plates in the forward wing-to-fuselage attachment. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

The Danny Keysar Child Product Safety Notification Act, section 104 of the Consumer Product Safety Improvement Act of 2008 (``CPSIA''), requires the United States Consumer Product Safety Commission (``Commission'' or ``CPSC'') to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ``substantially the same as'' applicable voluntary standards, or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is issuing a safety standard for portable hook-on chairs (``hook-on chairs'') in response to the direction of section 104(b) of the CPSIA. In addition, the Commission is amending its regulations regarding third party conformity assessment bodies to include the mandatory standard for hook-on chairs in the list of Notices of Requirements (``NOR'') issued by the Commission.

The Food Safety and Inspection Service (FSIS) is proposing to amend the Federal meat inspection regulations to eliminate the requirements for both ready-to-eat (RTE) and not-ready-to-eat (NRTE) pork and pork products to be treated to destroy trichinae (Trichinella spiralis) because the regulations are inconsistent with the Hazard Analysis and Critical Control Point (HACCP) regulations, and because these prescriptive regulations are no longer necessary. If this supplemental proposed rule is finalized, FSIS will end its Trichinella Approved Laboratory Program (TALP program) for the evaluation and approval of non-Federal laboratories that use the pooled sample digestion technique to analyze samples for the presence of trichinae. FSIS is also proposing to consolidate the regulations on thermally processed, commercially sterile meat and poultry products (i.e., canned food products containing meat or poultry).

This document contains final regulations under sections 334(b)(1)(B) and 362(e)(1) of the Internal Revenue Code of 1986 (Code). The regulations apply to certain nonrecognition transfers of loss property to corporations that are subject to certain taxes under the Code. The regulations affect the corporations receiving such loss property. This document also amends final regulations under sections 332 and 351 to reflect certain statutory changes. The regulations affect certain corporations that transfer assets to, or receive assets from, their shareholders in exchange for the corporation's stock.

We are revising an earlier proposed airworthiness directive (AD) for all Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The NPRM proposed to require installing an automatic shutoff system for the center and auxiliary tank fuel boost pumps, as applicable; installing a placard in the airplane flight deck if necessary; replacing the P5-2 fuel system module assembly; installing the ``uncommanded ON'' (UCO) protection system for the fuel boost pumps; revising the airplane flight manual to advise the flightcrew of certain operating restrictions for airplanes equipped with an automatic shutoff system; and revising the maintenance program by incorporating new airworthiness limitations for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. The NPRM was prompted by fuel system reviews conducted by the manufacturer. This action revises the NPRM by proposing to require updated or additional actions that are necessary for certain airplane configurations. We are proposing this supplemental NPRM (SNPRM) to prevent operation of the center and auxiliary tank fuel boost pumps with continuous low pressure, which could lead to friction sparks or overheating in the fuel pump inlet that could create a potential ignition source inside the center and auxiliary fuel tanks. These conditions, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

The U.S. Air Force has requested that the U.S. Army Corps of Engineers (Corps) disestablish the existing danger zone located in the Bering Sea near Shemya Island, Alaska. The danger zone was established on September 28, 1971. The purpose of the danger zone was to protect persons and property from dangers encountered in the area associated with the launching of weather rockets. The facility has not been used for this activity since the mid-1980s. As a result of the discontinued use of this area, the Air Force has requested the danger zone be disestablished. In the ``Rules and Regulations'' section of Federal Register, we are publishing the restricted area disestablishment as a direct final rule without prior proposal because we view this as a non- controversial adjustment to our restricted area regulations and anticipate no adverse comment. We have explained our reasons for this approval in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this rule and it will go into effect. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We will address all public comments in a subsequent final rule based on this proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``The National Oil and Hazardous Substance Pollution Contingency Plan Regulation, Subpart J (40 CFR 300.900)'' (EPA ICR No. 1664.11, OMB Control No. 2050-0141) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through October 31, 2016. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information, unless it displays a currently valid OMB control number.

The United States Manufacturing Council (Council) will hold an open meeting on Tuesday, April 12, 2016. The Council was established in April 2004 to advise the Secretary of Commerce on matters relating to the U.S. manufacturing industry. The purpose of the meeting is for Council members to review and deliberate on recommendations developed by the Workforce Development subcommittee looking at high school educational approach enhancements for consideration by the Manufacturing Council. The agenda may change to accommodate Council business. The final agenda will be posted on the Department of Commerce Web site for the Council at https://trade.gov/manufacturingcouncil, at least one week in advance of the meeting.

The United States Patent and Trademark Office (USPTO) is revising its patent quality metrics to better identify quality-related issues and more clearly communicate its quality measurements to the public. The new patent quality metrics are part of the USPTO's Enhanced Patent Quality Initiative (EPQI), which was launched in 2015 to engage patent stakeholders in enhancing patent quality. As part of the Enhanced Patent Quality Initiative, the prior patent quality metrics have been reassessed, and new patent quality metrics are now being designed for adoption for fiscal year 2017. The new patent quality metrics for use in fiscal year 2017 are planned to focus on the correctness and clarity of Office actions and will be applied through a newly unified review process using a standardized review form that will permit data from a significantly larger number of finished product quality reviews conducted at the agency to be aggregated and mined for information. The USPTO will also mine data on transactions during patent prosecution (e.g., the types of actions taken by the applicant and the USPTO) to assess examination processes and identify potential quality issues requiring further study. The review process will apply the new quality metrics and standardized form to increase the accuracy, consistency, transparency, clarity, and simplicity of USPTO quality review procedures. The USPTO is seeking comment from its stakeholders on further improvements to the changes proposed herein.

HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.

On February 12, 2016, the Department of Commerce (the Department) published its notice of initiation and preliminary results of a changed circumstances review of the antidumping duty order on drawn stainless steel sinks (drawn sinks) from the People's Republic of China (PRC).\1\ In that notice, we preliminarily determined that Ningbo Afa Kitchen and Bath Co., Ltd. (Ningbo) is the successor-in-interest to Yuyao Afa Kitchenware Co., Ltd. (Yuyao) for purposes of determining antidumping duty cash deposits and liabilities. No interested party submitted comments in opposition to the Initiation and Preliminary Results. For these final results, the Department continues to find that Ningbo is the successor-in-interest to Yuyao.

This notice announces a schedule of upcoming meetings for the Gettysburg National Military Park Advisory Commission.

This notice announces that the Office of the Assistant SecretaryIndian Affairs (AS-IA) will be hosting tribal consultation sessions on a streamlined draft policy that will address contract support costs (CSC) incurred by Tribes under Indian Self-Determination and Education Assistance Act (ISDEAA) self-determination contracts and Self-Governance funding agreements.

This interim final rule amends certain provisions of Regulation Z in light of title LXXXIX of the Fixing America's Surface Transportation Act, entitled the Helping Expand Lending Practices in Rural Communities Act, Public Law 114-94. The amendments to Regulation Z concern two matters: The eligibility of certain small creditors that operate in rural or underserved areas for special provisions that permit the origination of balloon-payment qualified mortgages and balloon-payment high cost mortgages and for an exemption from the requirement to establish an escrow account for higher-priced mortgage loans and the determination of whether an area is rural for the purposes of Regulation Z.

NMFS is prohibiting directed fishing for Pacific cod, except for the Community Development Quota program (CDQ), in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the non-CDQ allocation of the 2016 Pacific cod total allowable catch (TAC) in the Aleutian Islands subarea of the BSAI.

The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), federal agencies are require; to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

The Committee is proposing to add products to the Procurement List that will be furnished by a nonprofit agency employing persons who are blind or have other severe disabilities and, deletes services previously furnished by such agencies. Comments Must be Received on Or Before: 4/24/2016.