March 2018 – Federal Register Recent Federal Regulation Documents

This document announces the deletion of four Healthcare Common Procedure Coding System (HCPCS) codes from the Master List of Items Frequently Subject to Unnecessary Utilization that could be potentially subject to Prior Authorization as a condition of payment.

The Environmental Protection Agency (EPA) is proposing to approve the draft State Implementation Plan (SIP) submissions, submitted by the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ) for parallel processing, on June 23, 2017, and February 2, 2018. Together these draft submittals address specific Clean Air Act (CAA or Act) requirements applicable to Mississippi state boards or bodies that approve CAA permits and enforcement orders. These submissions also request that EPA convert the previous partial disapproval of Mississippi's infrastructure SIPs related to the CAA state board significant portion of income requirements for the 2008 8-hour Ozone, 2008 Lead, 2010 Nitrogen Dioxide (NO2), 2010 Sulfur Dioxide (SO2), and 1997, 2006 and 2012 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) to full approvals. Whenever EPA promulgates a new or revised NAAQS, the CAA requires the state to make a new SIP submission establishing that the existing SIP meets the various applicable requirements, or revising the SIP to meet those requirements. This type of SIP submission is commonly referred to as an ``infrastructure'' SIP. In this proposed action, EPA is proposing to approve the June 23, 2017, and February 2, 2018 submissions with respect to the CAA requirements applicable to state boards; and the related state board infrastructure SIP requirements for the 2008 8-hour Ozone, 2008 Lead, 2010 NO2, 2010 SO2 and 1997, 2006 and 2012 PM2.5, NAAQS. If this proposed approval action is finalized, EPA will no longer be required to promulgate a Federal Implementation Plan (FIP) to address the CAA state board requirements for Mississippi, as described in more detail below.

This rule provides guidance and assigns responsibility for the privacy program under the American Battle Monuments Commission (ABMC) pursuant to the Privacy Act of 1974 and applicable Office of Management Budget (OMB) guidance.

The Coast Guard is establishing a special local regulation for certain waters of the Detroit River, Trenton Channel, Wyandotte, MI. This action is necessary and is intended to ensure safety of life on navigable waters to be used for a rowing event immediately prior to, during, and immediately after this event.

We propose to adopt a new airworthiness directive (AD) for Robinson Helicopter Company (Robinson) Model R66 helicopters. This proposed AD would require replacing the tail rotor drive shaft yoke assembly and inspecting for sealant. This proposed AD is prompted by reports of tail rotor driveshaft failures. The actions of this proposed AD are intended to correct an unsafe condition on these products.

The U.S. Fish and Wildlife Service (Service or we) is establishing migratory bird subsistence harvest regulations in Alaska for the 2018 season. These regulations allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking establishes region-specific regulations that go into effect on April 2, 2018.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the MTA Long Island Railroad Bridge across the Reynolds Channel, mile 4.4, at Long Beach, New York. This temporary deviation is necessary to replace bridge timbers. This deviation allows the bridge to remain in the closed position.

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Delaware River to restrict and protect vessel traffic during the offloading of two Post-Panamax gantry cranes at the Port of Philadelphia. This action is intended to protect mariners and vessels from the hazards associated with these offloading activities. Entry of vessels or persons into this zone is prohibited unless a vessel meets the stated requirements or is specifically authorized by the Captain of the Port Delaware Bay.

This action proposes to amend Class E airspace extending upward from 700 feet or more above the surface, at Beaver Falls, PA, as the University of Pittsburg Medical Center Beaver Valley Heliport has closed, and controlled airspace is no longer required. The geographic coordinates of the Ellwood City VORTAC, noted in the Beaver County Airport, Beaver Falls, PA, description, also would be amended in the associated Class E airspace. Also, the term Airport Facility Directory would be replaced with Chart Supplement. Additionally, this action would amend Class E airspace extending upward from 700 feet or more above the surface at Zelienople Municipal Airport (formerly Zelienople Airport), PA, by recognizing the airport's name change and updating the airport's geographical coordinates. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at these airports.

The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Alabama state implementation plan (SIP). The regulations affected by this update have been previously submitted by Alabama and approved by EPA. This update affects the materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office.

The Food and Drug Administration (FDA) is withdrawing approval of three new animal drug applications (NADAs). This action is being taken at the sponsors' request because these products are no longer manufactured or marketed.

This proposal invites comments on changing the assessment rate computation under the Agricultural Marketing Service's (AMS) regulations regarding a national research and promotion program for U.S. peanuts. This proposal would change the basis for assessment under the regulations from value to volume (per ton). Two rates of assessment would be established instead of using a formula currently specified in the regulations. This proposal would also update the definition for ``fiscal year'' specified in the regulations to reflect current practices.

This final rule updates the current regulations that establish procedures for public participation in the formulation of standards, criteria, and guidelines applicable to Forest Service programs as required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended (FRRRPA). These revisions will provide greater opportunity for public participation in the formulation of such standards, criteria, and guidelines by expanding and better defining the scope of policies subject to such review and utilizing technologies for public engagement that were not available at the time of the last amendment to these regulations in 1984.

The U.S. Small Business Administration (SBA) is amending the rules of practice of its Office of Hearings and Appeals (OHA) to implement procedures for protests of eligibility for inclusion in the Department of Veterans Affairs (VA) Center for Verification and Evaluation (CVE) database, and procedures for appeals of denials and cancellations of inclusion in the CVE database. These amendments are issued in accordance with sections 1832 and 1833 of the National Defense Authorization Act for Fiscal Year 2017 (NDAA 2017).

In this document, the Rural Broadband Auctions Task Force, with the Wireline Competition Bureau and the Wireless Telecommunications Bureau, adopt specific parameters and procedures to implement the Mobility Fund Phase II challenge process. This document describes the steps the Federal Communications Commission will use to establish a map of areas presumptively eligible for MF-II support from the newly collected, standardized 4G Long Term Evolution coverage data and proposes specific parameters for the data that challengers and respondents will submit as part of the challenge process, as well as a process for validating challenges.

Petitions for Reconsideration (Petitions) have been filed in the Commission's Rulemaking proceeding by Rick Chessen, on behalf of NCTAThe Internet & Television Association (``NCTA'') and Michael Nilsson, on behalf of American Television Alliance (ATVA).

Currently, FAA regulations require all pilots operating aircraft to or from College Park Airport, Potomac Airfield or Washington Executive/Hyde Field Airport to file instrument flight rules (IFR), DC Flight Restricted Zone (FRZ), or DC Special Flight Rules Area (SFRA) flight plans with the Washington Hub Flight Service Station (FSS). The FAA is transferring the responsibility for processing flight plans within the DC FRZ from the Washington Hub FSS to the Washington Air Route Traffic Control Center (ARTCC). This document revises the regulations by updating the organization responsible for processing the flight plans and by updating the flight plans required for flight operations in the DC FRZ.

NMFS issues regulations to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council). This final rule revises the recreational fishing year and modifies the recreational fixed closed season for greater amberjack in the Gulf of Mexico (Gulf) exclusive economic zone (EEZ). The purposes of this final rule and the framework action are to constrain recreational harvest to assist in ending overfishing, and to rebuild the greater amberjack stock in the Gulf, while achieving optimum yield of the stock in the Gulf.

The Department of Justice (Department) proposes to amend the Bureau of Alcohol, Tobacco, Firearms, and Explosives regulations to clarify that ``bump fire'' stocks, slide-fire devices, and devices with certain similar characteristics (bump-stock-type devices) are ``machineguns'' as defined by the National Firearms Act of 1934 (NFA) and the Gun Control Act of 1968 (GCA), because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger. Specifically, these devices convert an otherwise semiautomatic firearm into a machinegun by functioning as a self-acting or self-regulating mechanism that harnesses the recoil energy of the semiautomatic firearm in a manner that allows the trigger to reset and continue firing without additional physical manipulation of the trigger by the shooter. Hence, a semiautomatic firearm to which a bump-stock-type device is attached is able to produce automatic fire with a single pull of the trigger. With limited exceptions, primarily as to government agencies, the GCA makes it unlawful for any person to transfer or possess a machinegun unless it was lawfully possessed prior to the effective date of the statute. The bump-stock-type devices covered by this proposed rule were not in existence prior to the GCA's effective date, and therefore would fall within the prohibition on machineguns if this Notice of Proposed Rulemaking (NPRM) is implemented. Consequently, current possessors of these devices would be required to surrender them, destroy them, or otherwise render them permanently inoperable upon the effective date of the final rule.

We are amending the regulations to allow the importation of fresh cherimoya fruit from Chile into the continental United States in accordance with a systems approach as an alternative to the current required treatment. Commercial consignments of fresh cherimoya fruit are currently authorized entry into all ports of the United States from Chile subject to a mandatory soapy water and wax treatment. The systems approach includes requirements for production site registration, low pest prevalence area certification, post-harvest processing, and inspection at the packinghouse. The fruit will also be required to be imported in commercial consignments and accompanied by a phytosanitary certificate with an additional declaration stating that the consignment was produced in accordance with the regulations. Fresh cherimoya fruit that does not meet the conditions of the systems approach or is imported into locations outside the continental United States will continue to be allowed to be imported into the United States subject to the current soapy water and wax treatment. This will allow for the importation of fresh cherimoya fruit from Chile while continuing to provide protection against the introduction of plant pests into the continental United States.

This rule implements a recommendation from the Texas Valley Citrus Committee (Committee) to decrease the assessment rate established for the 2017-18 and subsequent fiscal periods for oranges and grapefruit handled under Marketing Order 906. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. This rule also makes administrative revisions to the subpart headings of the Order.

We propose to adopt a new airworthiness directive (AD) for all ATR-GIE Avions de Transport R[eacute]gional Model ATR42 and Model ATR72 airplanes. This proposed AD was prompted by reports of cracking in main landing gear (MLG) universal joints (U-joints). This proposed AD would require repetitive detailed inspections of the affected U-joints for cracks, and replacement if necessary. This proposed AD would also provide an optional terminating action for the repetitive inspections. We are proposing this AD to address the unsafe condition on these products.

The Food and Drug Administration (FDA or Agency) is amending its good guidance practices regulation to inform the public on how to electronically submit a draft of a proposed guidance to the Agency. This technical amendment is nonsubstantive.

This action proposes to amend Class E airspace designated as a surface area and remove the Notice to Airmen (NOTAM) part-time status, amend Class E airspace extending upward from 700 feet above the surface, and establish Class E airspace designated as an extension to the Class E surface area at Columbus Municipal Airport, Columbus, NE. The FAA is proposing this action at the request of Minneapolis Air Route Traffic Control Center (ARTCC) and as the result of an FAA airspace review. Additionally, the geographic coordinates of the airport would be updated to coincide with the FAA's aeronautical database. This action is necessary for the safety and management of instrument flight rules (IFR) operations at the airport.

We are superseding Airworthiness Directive (AD) 2013-16-14 for Eurocopter Deutschland GmbH (now Airbus Helicopters Deutschland GmbH) Model EC 135 P1, P2, P2+, T1, T2, and T2+ helicopters. AD 2013-16-14 required installing a washer in and modifying the main transmission filter housing upper part. Since we issued AD 2013-16-14, Airbus Helicopters Deutschland GmbH has extended the overhaul interval for the main transmission and determined that other models may have the same unsafe condition. This AD retains the requirements of AD 2013-16-14, adds models to the applicability, and revises the required compliance time for the modification. The actions of this AD are intended to correct an unsafe condition on these products.