July 2017 – Federal Register Recent Federal Regulation Documents

The Coast Guard proposes to modify the operating schedule that governs the SR 13 Bridge across the Nanticoke River, mile 39.6, in Seaford, DE. This proposal will require the bridge to open on signal every Saturday and Sunday during the winter season, if at least 24 hours notice is given. This action is necessary to balance bridge operations and maintenance with the existing needs of navigation.

The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS RALPH JOHNSON (DDG 114) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

The Surface Transportation Board (Board or STB) adopts changes to its rules pertaining to Offers of Financial Assistance to improve the process and protect it against abuse.

The Consumer Product Safety Commission (CPSC, Commission) announces that there will be an opportunity for interested persons to present oral comments on the notice of proposed rulemaking (NPR) the Commission issued to address blade-contact injuries on table saws. The NPR proposed a standard that requires table saws limit the depth of cut to 3.5 millimeters when a test probe, acting as surrogate for a human body/finger, contacts the spinning blade at a radial approach rate of 1 meter per second (m/s). Any oral comments will be part of the rulemaking record.

The Coast Guard is establishing a temporary safety zone for navigable waters of Lake Erie at Edgewater Park, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Cleveland Metroparks 100 Year Anniversary fireworks display. This temporary safety zone is necessary to protect personnel, vessels, and the marine environment from the potential hazards associated with a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Buffalo.

The Coast Guard is establishing temporary safety zones for multiple locations and dates within the Captain of the Port New Orleans (COTP Zone). These safety zones are necessary to provide for the safety of life and protection of vessels from potential hazards associated with fireworks displays on navigable waterways. Entry into these zones is prohibited unless specifically authorized by the Captain of the Port New Orleans (COTP) or a designated representative.

On August 26, 2016, the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet, Division for Air Quality (DAQ), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Kentucky portion of the tri-state Cincinnati- Hamilton, Ohio-Kentucky-Indiana 2008 8-hour ozone nonattainment area (hereinafter referred to as the ``Cincinnati-Hamilton, OH-KY-IN Area'' or ``Area'') to attainment for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) and to approve the portions of the State Implementation Plan (SIP) revision containing a maintenance plan and base year emissions inventory for the Area. EPA is taking final action to approve the Commonwealth's base year emissions inventory for the Kentucky portion of the Area; to approve the Commonwealth's plan for maintaining attainment of the 2008 8-hour ozone NAAQS in the Area, including motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOC) for the years 2020 and 2030 for the Kentucky portion of the Area; and to redesignate the Kentucky portion of the Area to attainment for the 2008 8-hour ozone NAAQS. Through separate actions, EPA has approved the redesignation requests and maintenance plans for both the Ohio and Indiana portions of the Area.

This action proposes to modify Class E airspace extending upward from 700 feet above the surface at Prineville Airport, Prineville, OR, to accommodate airspace redesign for the safety and management of instrument flight rules (IFR) operations within the National Airspace System.

This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Big Timber Airport, Big Timber, MT, to accommodate 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.

This rule proposes to update and make revisions to the End- Stage Renal Disease (ESRD) Prospective Payment System (PPS) for calendar year (CY) 2018, as well as to update the payment rate for renal dialysis services furnished by an ESRD facility to individuals with acute kidney injury (AKI). This rule also proposes to set forth requirements for the ESRD Quality Incentive Program (QIP), including for payment years (PYs) 2019 through 2021.

We are adopting a new airworthiness directive (AD) for all Airbus Model A319, A320, and A321 series airplanes. This AD was prompted by a report that a main landing gear (MLG) door could not be closed due to rupture of the actuator fitting. This AD requires repetitive inspections for cracking of the MLG door actuator fitting and its components, and corrective actions if necessary. This AD also requires eventual replacement of all affected MLG door actuator fittings with new monoblock fittings, which would terminate the repetitive inspections. We are issuing this AD to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for all Airbus Model A318 and A319 series airplanes; Model A320-211, -212, - 214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, - 211, -212, -213, -231, and -232 airplanes. This AD was prompted by an evaluation by the design approval holder (DAH), which indicates that the main landing gear (MLG) does not comply with certification specifications, which could result in a locking failure of the MLG side stay. This AD requires modification or replacement of certain MLG side stay assemblies. We are issuing this AD to address the unsafe condition on these products.

This final rule updates the Medicaid Eligibility Quality Control (MEQC) and Payment Error Rate Measurement (PERM) programs based on the changes to Medicaid and the Children's Health Insurance Program (CHIP) eligibility under the Patient Protection and Affordable Care Act. This rule also implements various other improvements to the PERM program.

This action proposes special conditions for the Game Composites Ltd. GB1 airplane. This airplane will have a novel or unusual design feature(s) associated with static stability. This airplane can perform at the highest level of aerobatic competition. To be competitive, the airplane is designed with its lateral and directional axes being decoupled from each other; providing more precise maneuvering. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

U.S. Customs and Border Protection (CBP) is proposing to extend the geographical limits of the port of entry of Savannah, Georgia. The proposed extension will make the boundaries more easily identifiable to the public and will allow for uniform and continuous service to the extended area of Savannah, Georgia. The proposed 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.

The Coast Guard is establishing a temporary safety zone on the Buffalo Outer Harbor, Buffalo, NY. This safety zone is intended to restrict vessels from a portion of the Buffalo Outer Harbor during the Thunder on the Outer Harbor boat races. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with high speed boat races.

The Coast Guard is establishing a temporary safety zone for navigable waters of Lake Erie at Lakewood Park, Lakewood, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Lakewood Independence Day fireworks display. This temporary safety zone is necessary to protect personnel, vessels, and the marine environment from the potential hazards associated with a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Buffalo.

The Coast Guard is establishing a temporary safety zone for navigable waters of Lake Erie at Cahoon Memorial Park, Bay Village, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Bay Village Independence Day Celebration fireworks display. This temporary safety zone is necessary to protect personnel, vessels, and the marine environment from the potential hazards associated with a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Buffalo.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Rhode Island. The revision consists of a reasonably available control technology (RACT) approval for a volatile organic compound (VOC) emission source in Rhode Island, specifically, US Watercraft, LLC. This action is being taken in accordance with the Clean Air Act.

The Environmental Protection Agency (EPA) is approving two State Implementation Plan (SIP) revisions, submitted by the State of Florida, through the Florida Department of Environmental Protection (FL DEP), to EPA on April 3, 2015, for the purpose of providing for attainment of the 2010 primary Sulfur Dioxide (SO2) National Ambient Air Quality Standard (NAAQS) in the Hillsborough County and Nassau County SO2 nonattainment areas (hereafter referred to as the ``Hillsborough Area,'' ``Nassau Area,'' or ``Areas''). The Hillsborough Area is comprised of the portion of Hillsborough County in Florida surrounding the Mosaic Fertilizer facility (hereafter referred to as ``Mosaic''). The Nassau Area comprises the portion of Nassau County in Florida surrounding the Rayonier Performance Fibers, LLC sulfite pulp mill (hereafter referred to as ``Rayonier''). EPA concludes that Florida has appropriately demonstrated that attainment with the 2010 1-hour primary SO2 NAAQS will occur in the Nassau and Hillsborough Areas by the applicable attainment dates, and that the plans meet the other applicable requirements under the Clean Air Act (CAA or Act). As a part of approving the attainment demonstrations, EPA is taking final action to approve into the Florida SIP the SO2 emissions limits and associated compliance parameters for both Areas.

The Food and Drug Administration (FDA) is correcting a document that appeared in the Federal Register of Thursday, April 6, 2017 (82 FR 16733). That notification published three waivers from the Requirements of 21 CFR part 1, subpart OSanitary Transportation of Human and Animal Food (the Sanitary Transportation rule). That document was published with an error in the Background section. This correction is being made to improve the accuracy of the notification.

The Freedom of Information Act (FOIA) Improvement Act of 2016 requires each Federal agency to issue regulations implementing its statutory provisions. In this final rule, the Defense Nuclear Facilities Safety Board amends its regulations to comply with the statutory direction.

The Environmental Protection Agency (EPA) is taking direct final action to approve changes to the Florida State Implementation Plan (SIP) to update definitions and make administrative edits to regulations for the Plantwide Applicability Limits and Florida's Small Business Assistance program. EPA is proposing to approve portions of a SIP revision submitted by the State of Florida, through the Florida Department of Environmental Protection on July 1, 2011, to update definitions and make administrative edits to Plantwide Applicability Limits and the Small Business Assistance program. This action is being taken pursuant to the Clean Air Act.

The Environmental Protection Agency (EPA) is proposing to approve changes to the Kentucky State Implementation Plan (SIP) submitted by the Commonwealth of Kentucky through its Energy and Environment Cabinet (EEC) on November 10, 2016, for the Louisville Metro Air Pollution Control District (District). This SIP revision seeks to remove Stage II vapor control requirements for new and upgraded gasoline dispensing facilities and allow for the decommissioning of existing Stage II equipment in Jefferson County, Kentucky. EPA has preliminarily determined that Kentucky's November 10, 2016, SIP revision is approvable because it is consistent with the Clean Air Act (CAA or Act).

The Coast Guard has issued a temporary deviation from the operating schedule that governs the West Bay Bridge across the Quantuck Canal, mile 0.1 at Westhampton Beach, New York. This action is necessary to complete rehabilitation of the bascule leaves of the drawbridge. The deviation will allow the bridge to open only one bascule span in order to provide passage for vessels requiring an opening.