2017 – Federal Register Recent Federal Regulation Documents

This report to Congress is provided in accordance with Section 608(b) of the Millennium Challenge Act of 2003, as amended, (the ``Act'').

This document withdraws the January 2, 2014, proposed rule that would have required a controlling health plan (CHP) to submit information and documentation demonstrating that it is compliant with certain standards and operating rules adopted by the Secretary of Health and Human Services (the Secretary) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This proposed rule would have also established penalty fees for a CHP that failed to comply with the certification of compliance requirements.

This document withdraws a proposed rule that was published in the Federal Register on December 12, 2014. This proposed rule would revise the applicable conditions of participation for certain providers, conditions for coverage for certain suppliers, and requirements for long-term care facilities, to ensure that the requirements are consistent with the Supreme Court decision in United States v. Windsor (570 U.S.12, 133 S. Ct. 2675 (2013)), and HHS policy. Specifically, it proposed to revise certain definitions and patient's rights provisions that currently defer to state law, in order to ensure that same-sex spouses are recognized and afforded equal rights in certain Medicare and Medicaid-participating facilities.

The Bureau of Reclamation (Reclamation) is publishing this notice to announce that a Federal Advisory Committee meeting of the Yakima River Basin Conservation Advisory Group (CAG) will take place.

Notice is hereby given that the Office of Research Integrity (ORI) has taken final action in the following case: Azza El-Remessy, Ph.D., University of Georgia, College of Pharmacy: Based on the report of an investigation conducted by the University of Georgia, College of Pharmacy (UGCP) and additional analysis conducted by ORI in its oversight review, ORI found that Dr. Azza El-Remessy, former Associate Professor, Department of Clinical and Administrative Pharmacy, UGCP, engaged in research misconduct in research supported by National Eye Institute (NEI), National Institutes of Health (NIH), grants R01 EY011766, R01 EY022408, and R01 EY04618, National Heart, Lung, and Blood Institute (NHLBI), NIH, grant R01 HL056259, and National Cancer Institute (NCI), NIH, grant K01 CA89689. ORI found that false Western blot data were included in: J Cell Sci. 118(Pt. 1):243-52, 2005 (hereafter referred to as ``J Cell Sci. 2005''). Retraction in: J Cell Sci. 129(16):3203, 2016. FASEB J. 21(10):2528-39, 2007 (hereafter referred to as ``FASEB J. 2007''). Retraction in: FASEB J. 31(1):421, 2017. PLoS One 8(8):e71868, 2013 (hereafter referred to as ``PLoS One 2013''). As a result of its investigation, UGCP recommended that PLoS One 2013 be corrected. As a result of the investigation, J Cell Sci. 2005 and FASEB J. 2007 have been retracted. ORI found that Respondent intentionally, knowingly, or recklessly used the same Western blot bands to represent different experimental results. Specifically, Respondent reused and relabeled bands in: 1. Figure 3B, J Cell Sci. 2005, to represent p38 bands from retinal cultured endothelial cells in high glucose in the absence of exogenous VEGF and also cells in peroxynitrite in the presence of exogenous VEGF. 2. Figure 4A, J Cell Sci. 2005, to represent nitrotyrosine immunoprecipitations from retinal endothelial cells cultured in normal glucose in the presence or absence of FeTTP; the Respondent also duplicated controls for p85 immunoprecipitation by using three bands representing 2 normal glucose and 1 high glucose treatments, flipping them horizontally (mirror images) to also represent 2 high glucose and 1 peroxynitrite treatments. 3. Figure 4B, J Cell Sci. 2005, to represent p85 immunoprecipitations from retinal endothelial cells stimulated with VEGF and also cells treated with either high glucose or peroxynitrite. 4. Figure 4A, PLoS One 2013, to represent immunoprecipitations for phosphorylated GSK-3 (p-GSK-3) in cells with normal glucose or high glucose for day 1 and to also represent cells treated with VEGF or VEGF+VEGFI (inhibitor); the Respondent also duplicated GSK-3 controls by using the same bands to represent high glucose treatment for day 1 and day 3 treatments, flipping them horizontally, to also represent for VEGF and VEGFRI treatments. 5. Figure 3, FASEB J. 2007, to represent phosphorylated VEGF2 (P- VEGF2) protein expression in microvascular endothelial cells in: Lanes 1 and 8, lanes 2 and 5, and lanes 6 and 7, where each lane represents different experimental conditions. Dr. El-Remessy entered into a Voluntary Settlement Agreement (Agreement) to resolve this matter without further expenditure of time or other resources. Dr. El-Remessy accepts ORI's findings of research misconduct as set forth above but neither admits nor denies ORI's findings of research misconduct. The settlement is not an admission of liability on the part of the Respondent. Dr. El-Remessy voluntarily agreed, beginning on September 12, 2017: (1) To have her research supervised for a period of three (3) years beginning with the effective date of the Agreement; Respondent agreed that prior to the submission of an application for U.S. Public Health Service (PHS) support for a research project on which the Respondent's participation is proposed and prior to Respondent's participation in any capacity on PHS-supported research, Respondent shall ensure that a plan for supervision of Respondent's duties is submitted to ORI for approval; the supervision plan must be designed to ensure the scientific integrity of Respondent's research contribution; Respondent agreed that she shall not participate in any PHS-supported research until such a supervision plan is submitted to and approved by ORI; Respondent agreed to maintain responsibility for compliance with the agreed upon supervision plan; (2) that for three (3) years beginning with the effective date of the Agreement, any institution employing her shall submit, in conjunction with each application for PHS funds, or report, manuscript, or abstract involving PHS-supported research in which Respondent is involved, a certification to ORI that the data provided by Respondent are based on actual experiments or are otherwise legitimately derived and that the data, procedures, and methodology are accurately reported in the application, report, manuscript, or abstract; (3) to exclude herself voluntarily from serving in any advisory capacity to PHS including, but not limited to, service on any PHS advisory committee, board, and/or peer review committee, or as a consultant for a period of three (3) years, beginning with the effective date of the Agreement; and (4) that as a condition of the Agreement, Respondent will request that PLoS One 8(8):e71868, 2013 be corrected or retracted.

Notice is being given that the FAA is considering a proposal from the Port of Skagit County to release approximately 125 acres of airport land from Surplus Property restrictions. The property consists of 45 buildable acres and 76.5 acres of protected wetland/buffer as well as road and drainage improvements. Environmental analysis has been completed. Lots range from 1.7 acres to 8.8 acres in size. The property is located within the Bayview Ridge Subarea Plan. The release will allow the expansion of industrial facilities adjacent to the existing Paccar operation.

The following public hearing on proposed amendments to the Federal Rules of Evidence has been canceled: Evidence Rules Hearing on October 27, 2017, in Boston, Massachusetts.

In compliance with the Paperwork Reduction Act of 1995, DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection requirement for use through December 31, 2017. DoD proposes that OMB extend its approval for three additional years.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list three species, the holiday darter (Etheostoma brevirostrum), the trispot darter (Etheostoma trisella), and the bridled darter (Percina kusha), all freshwater fish native to Alabama, Georgia, and Tennessee, as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). After review of the best available scientific and commercial information, we find that listing the trispot darter is warranted. Accordingly, we propose to list the trispot darter as a threatened species under the Act. If we finalize this rule as proposed, it would add the trispot darter to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. After review of the best available scientific and commercial information, we also find that listing the holiday and bridled darters is not warranted.

In a decision served on September 29, 2017, the Surface Transportation Board proposes a second tentative productivity adjustment for the change in the railroad productivity for the 2011- 2015 averaging period, modified to reflect new data, and invites comments on a new ``linking factor'' computed to enable the modified 2015 productivity adjustment to be compared to prior years' productivity adjustments. The Board will also hold a technical workshop with interested parties and Board staff.

Pursuant to the Federal Advisory Committee Act, App. 2, and Code of Federal Regulations, and following consultation with the Committee Management Secretariat, General Services Administration, notice is hereby given that the DOE/NSF High Energy Physics Advisory Panel (HEPAP) has been renewed for a two-year period. The Panel will provide advice and recommendations to the Director, Office of Science (DOE), and the Assistant Director, Directorate for Mathematical and Physical Sciences (NSF), on scientific priorities within the field of high energy physics. Additionally, the Secretary of Energy has determined that renewal of the HEPAP is essential to conduct business of the Department of Energy and the National Science Foundation and is in the public interest in connection with the performance duties imposed by law upon the Department of Energy. The Committee will continue to operate in accordance with the provisions of the Federal Advisory Committee Act, the Department of Energy Organization Act (Pub. L. 95-91), and the rules and regulations in implementation of these acts.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-588 and 731-TA-1392-1393 (Preliminary) pursuant to the Tariff Act of 1930 (``the Act'') to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of Polytetrafluoroethylene (``PTFE'') Resin from China and India, provided for in statistical reporting numbers 3904.61.0010 and 3904.61.0090 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of India. Unless the Department of Commerce extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by November 13, 2017. The Commission's views must be transmitted to Commerce within five business days thereafter, or by November 20, 2017.

In accordance with the Tariff Act of 1930, as amended (the Act), the Department of Commerce (the Department) is automatically initiating the five-year reviews (Sunset Reviews) of the antidumping and countervailing duty (AD/CVD) order(s) listed below. The International Trade Commission (the Commission) is publishing concurrently with this notice its notice of Institution of Five-Year Reviews which covers the same order(s).

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

The Commodity Futures Trading Commission (``CFTC'') is publishing this notice to advise the public of the availability of CFTC's Fiscal Year 2016 Service Contract Inventory.

In accordance with the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department in competitions for funding under the Notices of Funding Availability (NOFAs) for the following programs: Fiscal Year (FY) 2016 Resident Opportunity and Self- Sufficiency Program; FY2016 Family Self-Sufficiency Program; FY2016 Jobs Plus Initiative; FY2016 Research and Evaluation, Demonstration, and Data Analysis and Utilization; FY2017 Comprehensive Housing Counseling Grant Program; FY2017 Lead-Based Paint Hazard Control Grant Program; and FY2017 Lead Hazard Reduction Demonstration Grant Program. For Additional Information, Contact: Office of Strategic Planning and Management, Grants Management and Oversight Division at AskGMO@hud.gov or the contact person listed in each appendix.

In accordance with the regulations implementing the individual fishing quota (IFQ) and Federal dealer reporting programs specific to the commercial reef fish fishery in the Gulf of Mexico (Gulf), the coastal migratory pelagic (CMP) fisheries in the Gulf and the Atlantic, the spiny lobster fishery of the Gulf and Atlantic, and the snapper- grouper and dolphin-wahoo fisheries in the South Atlantic, the Regional Administrator, Southeast Region, NMFS (RA) has determined that Hurricane Irma has caused catastrophic conditions in the following Florida counties: Manatee, Sarasota, DeSoto, Charlotte, Lee, Collier, Monroe, Miami-Dade, and Broward. Consistent with those regulations, the RA has authorized any dealer in the affected area who does not have access to electronic reporting to delay reporting of trip tickets to NOAA Fisheries from September 29, 2017, through October 31, 2017. The RA has also authorized IFQ participants within this affected area to use paper-based forms, if necessary, for basic required administrative functions, e.g., landing transactions, from September 29, 2017, through October 31, 2017. This temporary rule announcing the determination of catastrophic conditions and allowance of alternative methods for completing required IFQ and other dealer reporting administrative functions is intended to facilitate continuation of IFQ and dealer reporting operations during the period of catastrophic conditions. NMFS will continue to monitor and evaluate conditions. A subsequent Federal Register notice will be published, if needed.

This document corrects technical errors in the final rule that appeared in the August 4, 2017 Federal Register, which will update the payment rates used under the prospective payment system (PPS) for skilled nursing facilities (SNFs) for fiscal year (FY) 2018.

This document corrects technical and typographical errors in the final rule that appeared in the August 14, 2017, issue of the Federal Register, which will amend 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.

On September 29, 2017, the Department of Labor (DOL) will submit the Mine Safety and Health Administration (MSHA) sponsored information collection request (ICR) titled, ``Mine Accident, Injury, and Illness Report and Quarterly Mine Employment and Coal Production Report,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.