April 2017 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is approving a revised section 111(d)/129 plan submitted by the State of Maryland for existing hospital/medical/infectious waste incineration (HMIWI) units. The section 111(d)/129 plan contains revisions to a previously-approved State plan for existing HMIWI units that was submitted as a result of the October 6, 2009 promulgation of federal new source performance standards (NSPS) and emission guidelines for HMIWI units, which were subsequently amended on April 4, 2011. This action is being taken under sections 111(d) and 129 of the Clean Air Act (CAA).

Through this final rule, NMFS establishes fishery management measures for the 2017 ocean salmon fisheries off Washington, Oregon, and California and the 2018 salmon seasons opening earlier than May 1, 2018. The temporary rule for emergency action (emergency rule), under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), implements the 2017 annual management measures for the West Coast ocean salmon fisheries for the area from the U.S./Canada border to Cape Falcon, OR, from May 1, 2017, through October 28, 2018. The emergency rule is required because allocation of coho harvest between recreational and commercial fisheries will not be consistent with the allocation schedule specified in the Pacific Coast Salmon Fishery Management Plan (FMP) in order to limit fishery impacts on Queets coho and meet conservation and management objectives. The fishery management measures for the area from Cape Falcon, OR, to the U.S./Mexico border are consistent with the FMP and are implemented through a final rule. Specific fishery management measures vary by fishery and by area. The measures establish fishing areas, seasons, quotas, legal gear, recreational fishing days and catch limits, possession and landing restrictions, and minimum lengths for salmon taken in the U.S. exclusive economic zone (EEZ) (3-200 NM) off Washington, Oregon, and California. The management measures are intended to prevent overfishing and to apportion the ocean harvest equitably among treaty Indian, non- treaty commercial, and recreational fisheries. The measures are also intended to allow a portion of the salmon runs to escape the ocean fisheries in order to provide for spawning escapement and inside fisheries (fisheries occurring in state internal waters).

This action withdraws the NPRM published in the Federal Register of February 23, 2017, proposing to establish temporary restricted areas R-2920A and R-2920B, Santa Rosa Island, FL, for the period May 11 to May 18, 2017. The proponent has informed the FAA that plans to conduct hazardous activities have been cancelled; therefore, a requirement no longer exists to establish temporary restricted areas.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the operation of the Hillsborough Bridge across the Hillsborough River, Tampa, Florida. This deviation is necessary to allow the bridge owner, Florida Department of Transportation to repair the Hillsborough Bridge. Due to the type of repairs this bridge will be required to remain closed to navigation until all components can be removed and replaced.

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 for FY 2018. Some of these proposed changes would implement certain statutory provisions contained in the Pathway for Sustainable Growth Rate (SGR) Reform Act of 2013, the Improving Medicare Post-Acute Care Transformation Act of 2014, the Medicare Access and CHIP Reauthorization Act of 2015, the 21st Century Cures Act, and other legislation. We also are making proposals relating to the provider-based status of Indian Health Service (IHS) and Tribal facilities and organizations and to the low-volume hospital payment adjustment for hospitals operated by the IHS or a Tribe. In addition, we are providing the proposed estimated market basket update that would apply to the rate-of-increase limits for certain hospitals excluded from the IPPS that are paid on a reasonable cost basis subject to these limits for FY 2018. We 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) for FY 2018. In addition, we are proposing to establish new requirements or revise existing requirements for quality reporting by specific Medicare providers (acute care hospitals, PPS-exempt cancer hospitals, LTCHs, and inpatient psychiatric facilities). We also are proposing to establish new requirements or revise existing requirements for eligible professionals (EPs), eligible hospitals, and critical access hospitals (CAHs) participating in the Medicare and Medicaid Electronic Health Record (EHR) Incentive Programs. 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. We also are proposing changes relating to transparency of accrediting organization survey reports and plans of correction of providers and suppliers; electronic signature and electronic submission of the Certification and Settlement Summary page of the Medicare cost reports; and clarification of provider disposal of assets.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is revising references in its regulations to the maximum civil penalties for violations of Federal pipeline safety laws, or any PHMSA regulations or orders issued thereunder. Under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990, Federal agencies are required to adjust their civil monetary penalties effective January 15, 2017, and annually thereafter, to account for changes in inflation. PHMSA finds good cause to amend the regulations related to civil penalties without notice or opportunity for public comment. Advance public notice is unnecessary for the reasons described in the SUPPLEMENTARY INFORMATION section.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Long Beach Bridge across Reynolds Channel, mile 4.7, at Long Beach, New York. This deviation is necessary in order to facilitate an annual fireworks display and allows the bridge to remain in the closed position for one hour.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Hood Canal Floating Drawbridge across Hood Canal (Admiralty Inlet), mile 5.0, near Port Gamble, WA. This deviation is necessary to accommodate replacement of the draw span operating equipment. The deviation allows the bridge to open the draw half-way, 300 feet; as opposed to a full opening, which is 600 feet. The deviation also requires the draw to open on signal if at least four hours notice is given.

In this document, the Commission's Consumer and Governmental Affairs Bureau (Bureau or CGB), pursuant to delegated authority, adopts amendments to the Commission's telecommunications relay services (TRS) rules to incorporate technical standards to improve the interoperability and portability of services, equipment, and software used for video relay services (VRS) to enhance functional equivalence and VRS availability for consumers, ease of compliance by providers, and overall efficiency in the operation of VRS.

The Coast Guard proposes to establish a temporary safety zone on the South Branch of the Chicago River and the Chicago Sanitary and Ship Canal, Chicago, IL. This action is necessary to protect spectators, participants, and vessels from the hazards associated with the Tough Cup, a crew regatta event. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Lake Michigan.

Upon application from the U.S. Navy (Navy), we (NMFS) are issuing regulations under the Marine Mammal Protection Act (MMPA) to govern the unintentional taking of marine mammals incidental to the training activities conducted in the Gulf of Alaska (GOA) Temporary Maritime Activities Area (TMAA) Study Area (hereafter referred to the Study Area) from May 2017 through May 2022. These regulations allow us to issue a Letter of Authorization (LOA) for the incidental take of marine mammals during the Navy's specified activities and timeframes, set forth the permissible methods of taking, set forth other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, and set forth requirements pertaining to the monitoring and reporting of the incidental take.

The Railroad Retirement Board (Board) proposes to amend its regulations to update the members of the Executive Committee, update the responsibilities of the Executive Committee members, and update office titles.

We are adopting a new airworthiness directive (AD) for certain CFE Company (CFE) turbofan engines. This AD was prompted by a quality escape for high-pressure compressor (HPC) impellers made from forgings with nonconforming material grain size. This AD requires removal of the HPC impeller. We are issuing this AD to correct the unsafe condition on these products.

The Coast Guard has modified a temporary deviation from the operating schedule that governs the S37 Bridge across the Barnegat Bay, mile 14.1, New Jersey Intracoastal Waterway, at Seaside Heights, NJ. This modified deviation is necessary to perform bridge maintenance and repairs. This deviation allows the bridge to remain in the closed-to- navigation position.

This action proposes to modify Class E airspace extending up to 700 feet above the surface at Orange City Municipal Airport, Orange City, IA, to accommodate new standard instrument approach procedures (SIAPs) for instrument flight rules (IFR) operations at the airport. This action is necessary due to the decommissioning of the Orange City non directional radio beacon (NDB), and cancellation of the NDB approach, and would enhance the safety and management of IFR operations at the airport. The airport's coordinates also would be updated to match the FAA's aeronautical data base.

This action updates the using agency information for restricted areas R-4102A and R-4102B, Fort Devens, MA. This is an administrative change to reflect the current organization tasked with using agency responsibilities for the restricted areas. It does not affect the boundaries, designated altitudes, time of designation or activities conducted within the restricted areas.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model CL-600-2E25 (Regional Jet Series 1000) airplanes. This AD requires a detailed inspection of the circuit breakers, replacement of damaged circuit breakers, and installation of a circuit breaker bushing assembly. This AD was prompted by a report of cracks found in the plastic casing of cockpit circuit breaker panels. We are issuing this AD to address the unsafe condition on these products.

In this document, the Commission extends the deadline for filing comments and reply comments on the Commission's Further Notice of Proposed Rulemaking (FNPRM) in this proceeding, which was published in the Federal Register on March 13, 2017. The Commission also extends the deadline established in a separate Public Notice for filing justifications supporting confidentiality requests relating to mobile speed data filed through the Commission's Form 477.

This regulation establishes a tolerance for residues of benzobicyclon in or on rice, grain. Gowan Company, LLC requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Bureau of Consumer Financial Protection (Bureau or CFPB) is issuing this final rule to delay the October 1, 2017 effective date of the rule governing Prepaid Accounts Under the Electronic Fund Transfer Act (Regulation E) and the Truth in Lending Act (Regulation Z) by six months, to April 1, 2018.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the SR 401 Drawbridge, mile 5.5 at Port Canaveral, Florida. This deviation is necessary to reduce vehicular traffic congestion and to ensure the safety of the roadways while passengers are transiting to and from Cruise Terminal 10, which is used by Norwegian Cruise Line at Port Canaveral. Since the arrival of the cruise ship Norwegian Epic to the Port of Canaveral, massive traffic back-ups have been caused by the drawbridge openings. This deviation allows the bridge to not open to navigation during prime cruise ship passenger loading and unloading times on Saturdays.

By a letter dated April 14, 2017, EPA announced the convening of a proceeding for reconsideration of certain requirements in the final rule promulgating a Federal Implementation Plan (FIP) for the State of Arkansas addressing regional haze and interstate visibility transport under the Federal Clean Air Act (the Act, or CAA). The rule was published in the Federal Register on September 27, 2016. The EPA is administratively staying for 90 days the effectiveness of the rule requirements that are under reconsideration. The EPA is adding language to the Code of Federal Regulations (CFR) to reflect this stay.

This regulation establishes an exemption from the requirement of a tolerance for residues of Bacillus simplex strain BU288 when used as an inert ingredient (emulsifier) in pesticide formulations applied to growing crops and raw agricultural commodities. BASF Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus simplex strain BU288 when used in accordance with approved conditions.

This action amends the legal description of the Class E airspace designated as an extension, at Aspen Pitkin County/Sardy Field, Aspen, CO, and Pueblo Memorial Airport, Pueblo, CO, eliminating the Notice to Airmen (NOTAM) part-time status. This action also updates the geographic coordinates of these airports in the associated Class D and E airspace areas to match the FAA's current aeronautical database. This action does not affect the charted boundaries or operating requirements of the airspace.