2016 – Federal Register Recent Federal Regulation Documents
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South Carolina Disaster Number SC-00041
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of South Carolina (FEMA-4286-DR), dated 10/18/2016. Incident: Hurricane Matthew. Incident Period: 10/04/2016 and continuing. Effective Date: 10/25/2016. Physical Loan Application Deadline Date: 12/19/2016. Economic Injury (EIDL) Loan Application Deadline Date: 07/18/2017.
Information Collections Being Reviewed by the Federal Communications Commission Under Delegated Authority
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.
Florida Disaster Number FL-00120.
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Florida (FEMA-4283-DR), dated 10/24/2016. Incident: Hurricane Matthew. Incident Period: 10/03/2016 through 10/19/2016. Effective Date: 10/25/2016. Physical Loan Application Deadline Date: 12/23/2016. Economic Injury (EIDL) Loan Application Deadline Date: 07/24/2017.
North Carolina Disaster Number NC-00081
This is an amendment of the Presidential declaration of a major disaster for the State of North Carolina (FEMA-4285-DR), dated 10/10/2016. Incident: Hurricane Matthew. Incident Period: 10/04/2016 and continuing. Effective Date: 10/25/2016. Physical Loan Application Deadline Date: 12/09/2016. EIDL Loan Application Deadline Date: 07/10/2017.
Florida Disaster Number FL-00121
This is an amendment of the Presidential declaration of a major disaster for the State of Florida (FEMA-4283-DR), dated 10/17/ 2016. Incident: Hurricane Matthew. Incident Period: 10/03/2016 through 10/19/2016. Effective Date: 10/25/2016. Physical Loan Application Deadline Date: 12/16/2016. EIDL Loan Application Deadline Date: 07/17/2017. Addresses: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
Fremont and Winema Resource Advisory Committee
The Fremont and Winema Resource Advisory Committee (RAC) will meet in Klamath Falls, Oregon. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. RAC information can be found at the following Web site: https:// facadatabase.gov/committee/committee.aspx?cid=2266&aid=171.
Fremont and Winema Resource Advisory Committee
The Fremont and Winema Resource Advisory Committee (RAC) will meet in Lakeview, Oregon. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. RAC information can be found at the following Web site: https:// facadatabase.gov/committee/committee.aspx?cid=2266&aid=171.
Information Collection; Submission for OMB Review, Comment Request
The Corporation for National and Community Service (CNCS) has submitted a public information collection request (ICR) entitled AmeriCorps Affiliate Application Instructions for review and approval in accordance with the Paperwork Reduction Act of 1995, Public Law 104- 13, (44 U.S.C. Chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Patti Stengel, at 202-606-6745 or email to pstengel@cns.gov. Individuals who use a telecommunications device for the deaf (TTY-TDD) may call 1-800-833-3722 between 8:00 a.m. and 8:00 p.m. Eastern Time, Monday through Friday.
Notice of Cancellation of Environmental Impact Statement for the Norfolk International Airport, Norfolk, Virginia
The Federal Aviation Administration (FAA) announces that it has discontinued preparation of an Environmental Impact Statement (EIS) for the proposed construction of new Runway 5R/23L and associated development at Norfolk International Airport, Norfolk, Virginia. The FAA's discontinued preparation of the EIS is based upon the completion of the first phase of the EIS. Based on the results of the first phase (Scoping and Purpose & Need development), the FAA has determined that the fundamental purpose and need is not supported by the current or anticipated development needs of the Airport at this time.
Passenger Facility Charge (PFC) Program; Draft FAA Order 5500.1B
FAA is rescinding the draft FAA Order 5500.1B, Passenger Facility Charge published on August 5, 2016, and withdrawing its request for public review and comment.
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for all The Boeing Company Model MD-90-30 airplanes. This AD requires a detailed inspection of the forward and aft surfaces on the left and right sides at the cant station 1520 bulkhead for any crack in the upper cap and (cap) doubler, webs and doublers, stiffeners, and the lower tee cap between longerons 3 through 11, and repairs if necessary. This AD was prompted by a report of cracking in various structures in the fuselage cant station 1520 bulkhead. We are issuing this AD to detect and correct cracking in the bulkhead, which could result in reduced structural integrity of the airplane.
National Institute of Aging (NIA), National Institute of Mental Health (NIMH), and National Center for Advancing Translational Sciences (NCATS): Cooperative Research and Development Agreement (CRADA) and Licensing Opportunity for Ketamine for the Treatment of Depression and Other Anxiety-Related Disorders
The National Institute of Aging (NIA), National Institute of Mental Health (NIMH), and National Center for Advancing Translational Sciences (NCATS) of the National Institutes of Health (NIH), University of Maryland at Baltimore (UMB) and their collaborators are seeking Cooperative Research and Development Agreement (CRADA) partners to collaborate in the preclinical and clinical development of ketamine metabolite (2R, 6R-HNK) for the treatment of depression and other anxiety-related disorders.
Proposed Collection; 60-Day Comment Request; The Atherosclerosis Risk in Communities Study (National Heart Lung and Blood Institute)
In compliance with the requirement of the Paperwork Reduction Act of 1995 to provide opportunity for public comment on proposed data collection projects, the National Institutes of Health, National Heart, Lung, and Blood Institute (NHLBI) will publish periodic summaries of propose projects to be submitted to the Office of Management and Budget (OMB) for review and approval.
Endangered Species; Receipt of Applications for Permit
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (ESA) prohibit activities with listed species unless Federal authorization is acquired that allows such activities.
Notice of Permit Modification Received Under the Antarctic Conservation Act of 1978
The National Science Foundation (NSF) is required to publish a notice of requests to modify permits issued to conduct activities regulated and permits issued under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 671 of the Code of Federal Regulations. This is the required notice of a requested permit modification and permit issued.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 43
The Gulf of Mexico (Gulf) Fishery Management Council (Gulf Council) has submitted Amendment 43 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce (Secretary), Amendment 43 would revise the hogfish fishery management unit (FMU) to be the West Florida stock and define the geographic range of this stock consistent with the South Atlantic Fishery Management Council's (South Atlantic Council) proposed boundary between the Florida Keys/East Florida and West Florida stocks, set the status determination criteria (SDC) and annual catch limits (ACLs) for the West Florida stock, increase the minimum size limit for the West Florida stock, and remove the powerhead exception for harvest of hogfish in the Gulf reef fish stressed area. The purpose of Amendment 43 is to establish management measures for the West Florida hogfish stock in the Gulf using the best scientific information available.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Louisiana; Redesignation of Baton Rouge Nonattainment Area, 2008 8-Hour Ozone Nonattainment Area to Attainment
On May 2, 2016, the State of Louisiana submitted a request for the Environmental Protection Agency (EPA) to redesignate the five- parish Baton Rouge Nonattainment Area (BRNA or Area) for the 2008 8- hour ozone National Ambient Air Quality Standards (NAAQS or standard) to attainment and to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the area. EPA is proposing to determine that the BRNA is continuing to attain the 2008 ozone NAAQS; to approve into the SIP the State's plan for maintaining attainment of the standard in the Area, including the motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOC) for the years 2022 and 2027; and to redesignate the BRNA to attainment for the standard.
Medicare and Medicaid Programs; Fire Safety Requirements for Certain Dialysis Facilities
This proposed rule would update fire safety standards for Medicare and Medicaid participating ESRD facilities, adopt the 2012 edition of the Life Safety Code and eliminate references in our regulations to all earlier editions of the Life Safety Code and adopt the 2012 edition of the Health Care Facilities Code, with some exceptions.
Technical Amendments to Various Bank Secrecy Act Regulations
FinCEN is issuing this final rule to make a number of technical amendments. This final rule updates various sections of the regulations implementing the Bank Secrecy Act (``BSA'') by removing or replacing outdated references to obsolete BSA forms, removing references to outdated recordkeeping storage media, and replacing several other outdated terms and references.
Amendments to the Export Administration Regulations: Update of Arms Embargoes on Cote d'Ivoire, Liberia, Sri Lanka and Vietnam, and Recognition of India as Member of the Missile Technology Control Regime
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement changes in controls on arms and related materiel to Cote d'Ivoire, Liberia, Sri Lanka, and Vietnam. BIS also updates the EAR to recognize the accession of India as a member of the Missile Technology Control Regime (MTCR).
Record of Decision for Non-Federal Oil and Gas Regulation Revision Environmental Impact Statement (EIS)
The National Park Service (NPS) has prepared and approved a Record of Decision (ROD) for the Nonfederal Oil and Gas Regulations (36 CFR part 9, subpart B) Revisions. Approval of this Record of Decision completes the National Environmental Policy Act process.
General Provisions and Non-Federal Oil and Gas Rights
We are updating our service-wide regulations governing the exercise of non-federal oil and gas rights, to improve our ability to protect park resources, values, and visitors from potential impacts associated with nonfederal oil and gas operations located within National Park Service units outside Alaska. The rule also makes the regulations consistent with existing policies and practices, and updates the format to improve clarity and simplify application and compliance for oil and gas operators and our employees.
Federal Property Suitable as Facilities To Assist the Homeless
This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.
Proposed Supplementary Rules for Fort Ord National Monument, California
The California State Director of the Bureau of Land Management (BLM) is proposing to establish new supplementary rules related to dog management and public safety on public lands at Fort Ord National Monument (FONM), California. Furthermore, these proposed rules would clarify some of the existing restrictions that have been in place on the FONM since 1996. These proposed rules are consistent with the national monument proclamation of 2012 (i.e., Proclamation 8803), and the BLM's 2007 Resource Management Plan.
Establishment of Class E Airspace; Camden, AL
This action establishes Class E airspace at Camden, AL to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) serving Camden Municipal Airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport.
Establishment of Class E Airspace; Murray, KY
This action establishes Class E airspace at Murray, KY, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) serving Murray Calloway County Hospital Heliport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the heliport.
Proposed Establishment of Class E Airspace, Thermopolis, WY
This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Hot Springs County Airport, Thermopolis, WY, to support the development of Instrument Flight Rules (IFR) operations under standard instrument approach and departure procedures at the airport, for the safety and management of aircraft within the National Airspace System.
Amendment of Class D and Class E Airspace; Eugene, OR, and Corvallis, OR
This action amends Class E airspace designated as an extension, and Class E airspace extending upward from 700 feet above the surface at Mahlon Sweet Field Airport, Eugene, OR, to accommodate airspace redesign for the safety and management of Instrument Flight Rules (IFR) operations at the airport. Corvallis Municipal Airport is removed from the Mahlon Sweet Field Airport regulatory text by creating a stand-alone airspace designation for the airport. Additionally, this action updates the airport reference points for these airports in Class D and E airspace, as well as removes the Notice to Airmen (NOTAM) requirement noted in Class E surface area airspace.
Amendment of Class E Airspace; Albany, OR
This action amends Class E airspace at Albany Municipal Airport, Albany, OR. Advances in Global Positioning System (GPS) mapping accuracy and a reliance on precise geographic coordinates to define airport and airspace reference points have made this airspace redesign necessary for the safety and management of Instrument Flight Rules (IFR) operations.
Proposed Amendment of Class E Airspace, Monongahela, PA
This action proposes to amend Class E airspace at Monongahela, PA, as the Allegheny VHF Omni-directional Range, (VOR), has been decommissioned, requiring airspace reconfiguration at Rostraver Airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport.
Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes
We are adopting a new airworthiness directive (AD) for all Pilatus Aircraft Ltd. Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/ 350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1- H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as wear and cracks on the stabilizer-trim attachment and structural components. We are issuing this AD to require actions to address the unsafe condition on these products.
Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes
We propose to adopt a new airworthiness directive (AD) for Pilatus Aircraft Ltd. Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/ 350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1- H2, PC- 6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 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 certain combinations of the aileron counterweight and the attaching parts possibly resulting in reduced thread engagement and leading to disconnection of the aileron counterweight from the aileron. We are issuing this proposed AD to require actions to address the unsafe condition on these products.
Defense Federal Acquisition Regulation Supplement: Offset Costs (DFARS Case 2015-D028)
DoD is issuing a proposed rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2016 related to costs associated with indirect offsets under foreign military sales agreements.
Defense Federal Acquisition Regulation Supplement: Independent Research and Development Expenses (DFARS Case 2016-D017)
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to ensure that substantial future independent research and development expenses, as a means to reduce evaluated bid prices in competitive source selections, are evaluated in a uniform way during competitive source selections.
Defense Federal Acquisition Regulation Supplement: Pilot Program on Acquisition of Military Purpose Nondevelopmental Items (DFARS Case 2016-D014)
DoD is adopting as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2016 that changes the criteria for the pilot program for acquisition of military purpose nondevelopmental items.
Defense Federal Acquisition Regulation Supplement: Contiguous United States (DFARS Case 2016-D005)
DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to remove the acronym for contiguous United States.
Defense Federal Acquisition Regulation Supplement: Enhancing the Effectiveness of Independent Research and Development (DFARS Case 2016-D002)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to improve the effectiveness of independent research and development (IR&D) investments by the defense industrial base, by requiring contractors to engage in technical interchanges with DoD before costs are generated.
Airworthiness Directives; Turbomeca S.A. Turboshaft Engines
We propose to adopt a new airworthiness directive (AD) for all Turbomeca S.A. Arriel 2B turboshaft engines. This proposed AD was prompted by a report of an uncommanded in-flight shutdown (IFSD) on a single-engine helicopter, caused by a low returning spring rate of the needle of the hydro-mechanical metering unit (HMU). This proposed AD would require removing any pre-modification (mod) TU 158 HMU and replacing with a part eligible for installation. We are proposing this AD to prevent failure of the HMU, failure of the engine, IFSD, and loss of the helicopter.
Airworthiness Directives; Saab AB, Saab Aeronautics (Formerly Known as Saab AB, Saab Aerosystems) Airplanes
We are superseding Airworthiness Directive (AD) 2012-24-06 for certain Saab AB, Saab Aeronautics Model 340A (SAAB/SF340A) and SAAB 340B airplanes. AD 2012-24-06 required replacing the stall warning computer (SWC) with a new SWC that provides an artificial stall warning in icing conditions, and modifying the airplane for the replacement of the SWC. This new AD adds airplanes to the applicability, and adds requirements to replace the existing SWCs with new, improved SWCs, and to modify the airplane for the new replacement of the SWC. This new AD also reduces the compliance time for replacing the SWCs. This AD was prompted by a determination that airplanes with certain modifications were excluded from the applicability in AD 2012-24-06, and are affected by the identified unsafe condition; and that the SWC required by AD 2012-24-06 contained erroneous logic. We are issuing this AD to prevent natural stall events during operation in icing conditions, which could result in loss of control of the airplane.
Medicare Program; End-Stage Renal Disease Prospective Payment System, Coverage and Payment for Renal Dialysis Services Furnished to Individuals With Acute Kidney Injury, End-Stage Renal Disease Quality Incentive Program, Durable Medical Equipment, Prosthetics, Orthotics and Supplies Competitive Bidding Program Bid Surety Bonds, State Licensure and Appeals Process for Breach of Contract Actions, Durable Medical Equipment, Prosthetics, Orthotics and Supplies Competitive Bidding Program and Fee Schedule Adjustments, Access to Care Issues for Durable Medical Equipment; and the Comprehensive End-Stage Renal Disease Care Model
This rule updates and makes revisions to the End-Stage Renal Disease (ESRD) Prospective Payment System (PPS) for calendar year 2017. It also finalizes policies for coverage and payment for renal dialysis services furnished by an ESRD facility to individuals with acute kidney injury. This rule also sets forth requirements for the ESRD Quality Incentive Program, including the inclusion of new quality measures beginning with payment year (PY) 2020 and provides updates to programmatic policies for the PY 2018 and PY 2019 ESRD QIP. This rule also implements statutory requirements for bid surety bonds and state licensure for the Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Bidding Program (CBP). This rule also expands suppliers' appeal rights in the event of a breach of contract action taken by CMS, by revising the appeals regulation to extend the appeals process to all types of actions taken by CMS for a supplier's breach of contract, rather than limit an appeal for the termination of a competitive bidding contract. The rule also finalizes changes to the methodologies for adjusting fee schedule amounts for DMEPOS using information from CBPs and for submitting bids and establishing single payment amounts under the CBPs for certain groupings of similar items with different features to address price inversions. Final changes also are made to the method for establishing bid limits for items under the DMEPOS CBPs. In addition, this rule summarizes comments on the impacts of coordinating Medicare and Medicaid Durable Medical Equipment for dually eligible beneficiaries. Finally, this rule also summarizes comments received in response to a request for information related to the Comprehensive ESRD Care Model and future payment models affecting renal care.
Airworthiness Directives; The Boeing Company Airplanes
We are superseding Airworthiness Directive (AD) 2006-20-11 for certain The Boeing Company Model 757-200, -200CB, and -200PF series airplanes. AD 2006-20-11 required initial and repetitive detailed or high frequency eddy current (HFEC) inspections for cracks around the rivets at the upper fastener row of the skin lap splice of the fuselage, and repair of any crack found. This new AD no longer allows the detailed inspections and instead requires repetitive external HFEC inspections for cracking of the skin lap splices of the fuselage, and repair if necessary. This AD was prompted by an evaluation done by the design approval holder (DAH) indicating that the fuselage skin lap splice is subject to widespread fatigue damage (WFD). We are issuing this AD to detect and correct fatigue cracking at certain skin lap splice locations of the fuselage, which could result in reduced structural integrity and rapid decompression of the airplane.
Medicare Program; Merit-Based Incentive Payment System (MIPS) and Alternative Payment Model (APM) Incentive Under the Physician Fee Schedule, and Criteria for Physician-Focused Payment Models
The Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) repeals the Medicare sustainable growth rate (SGR) methodology for updates to the physician fee schedule (PFS) and replaces it with a new approach to payment called the Quality Payment Program that rewards the delivery of high-quality patient care through two avenues: Advanced Alternative Payment Models (Advanced APMs) and the Merit-based Incentive Payment System (MIPS) for eligible clinicians or groups under the PFS. This final rule with comment period establishes incentives for participation in certain alternative payment models (APMs) and includes the criteria for use by the Physician-Focused Payment Model Technical Advisory Committee (PTAC) in making comments and recommendations on physician-focused payment models (PFPMs). Alternative Payment Models are payment approaches, developed in partnership with the clinician community, that provide added incentives to deliver high-quality and cost-efficient care. APMs can apply to a specific clinical condition, a care episode, or a population. This final rule with comment period also establishes the MIPS, a new program for certain Medicare-enrolled practitioners. MIPS will consolidate components of three existing programs, the Physician Quality Reporting System (PQRS), the Physician Value-based Payment Modifier (VM), and the Medicare Electronic Health Record (EHR) Incentive Program for Eligible Professionals (EPs), and will continue the focus on quality, cost, and use of certified EHR technology (CEHRT) in a cohesive program that avoids redundancies. In this final rule with comment period we have rebranded key terminology based on feedback from stakeholders, with the goal of selecting terms that will be more easily identified and understood by our stakeholders.
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