Federal Register Highlights – 10/22/13

EDITOR’S NOTE: It seems that the Federal Register is getting back to normal after the recent government shutdown. Thank you to all of my regular visitors for sticking with my meaningless rambles during the shutdown. That having been said, here is today’s installment…

Unpublished, time-sensitive and proposed rules for October 22, 2013:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedules that govern the US 90 (Danzinger) Bridge across the Inner Harbor Navigational Canal (IHNC), mile 3.1, and the Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) bridge across the IHNC, mile 4.6, both at New Orleans, LA. This deviation will test changes to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. These changes would allow for the safe navigation of vessels while reflecting the low volume of vessel traffic through the bridges thereby increasing efficiency of operations. The changes will allow the bridges to operate in a manner that will align the two operating schedules so the bridge owner will be able to use the same bridge crew personnel to operate both bridges with little to no affect on navigation through the bridges. This deviation is effective from 12:01 a.m. on November 6, 2013 through 11:59 p.m. on December 6, 2013.

PROPOSED RULE: The Department of Defense (DoD) is publishing this proposed rule to allow coverage for otherwise covered services and supplies required in the treatment of complications (unfortunate sequelae), as well as medically necessary and appropriate follow-on care, resulting from a non-covered incident of treatment provided pursuant to a properly granted Supplemental Health Care Program waiver. This proposed rule is necessary to protect TRICARE beneficiaries from incurring financial hardships due to the current regulatory restrictions that prohibit TRICARE coverage of the treatment of complications resulting from non-covered medical procedures, even when those procedures were provided while the beneficiary was an active duty member and were authorized by the Director, TRICARE Management Activity (TMA), based on a determination that a waiver authorizing the original non-covered surgery or treatment was necessary to assure adequate availability of health care to the Active Duty member. Additionally, with respect to care that is related to a non-covered initial surgery or treatment, the proposed rule seeks to eliminate any confusion regarding what services and supplies will be covered by TRICARE and under what circumstances they will be covered. Comments must be received on or before December 23, 2013. (To submit comments, visit www.regulations.gov, reference RIN 0720–AB61.)

PROPOSED RULE: The Drug Enforcement Administration (DEA) proposes to place the substance perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-dihydropyridin-3-yl) benzonitrile hydrate], including its salts, isomers, and salts of isomers, into Schedule III of the Controlled Substances Act (CSA). This proposed action is based on a recommendation from the Assistant Secretary for Health of the Department of Health and Human Services (HHS) and on an evaluation of all other relevant data by the DEA. If finalized, this action would impose the regulatory controls and administrative, civil, and criminal sanctions of Schedule III controlled substances on persons who handle (manufacture, distribute, dispense, import, export, engage in research, conduct instructional activities, and possess) or propose to handle perampanel. Interested persons may file written comments on this proposal in accordance with 21 CFR 1308.43(g). Comments must be submitted electronically or postmarked on or before November 21, 2013. (To submit comments, visit www.regulations.gov, reference docket number DEA–374.)

PROPOSED RULE: The U.S. Department of Energy (DOE) proposes to revise the compliance date for the dehumidifier test procedures established under the Energy Policy and Conservation Act (EPCA). The proposed amendments would require manufacturers to test using only the active mode provisions in the test procedure for dehumidifiers currently found in the DOE regulations to determine compliance with the existing energy conservation standards, with the following exceptions. The appendix in its entirety would be required for use by manufacturers that make representations of standby mode or off mode energy use, and, after the compliance date for any amended energy conservation standards enacted in the future that incorporate measures of standby mode and off mode energy use, to demonstrate compliance with such amended standards. The proposed amendments would remove from use, 30 days after publication of the final rule in the Federal Register, the test procedure for dehumidifiers because DOE has determined that this test procedure would be made redundant by the proposed amendments, as well as clarify test procedure instructions. DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) no later than November 21, 2013.  (To submit comments, visit www.regulations.gov, reference docket number EERE–2013–BT–TP–0044.)

PROPOSED RULE: EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the District of Columbia (hereafter ‘‘the District’’) pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the NAAQS. These elements are referred to as infrastructure requirements. The District has made a submittal addressing the infrastructure requirements for the 2008 lead (Pb) NAAQS (‘‘the infrastructure submittal’’) and a separate submittal addressing requirements in relation to State Boards. This action is being taken under the CAA. In the Final Rules section of this Federal Register, EPA is approving the District’s SIP submittals as a direct final rule without prior proposal because the Agency views these as noncontroversial submittals and anticipates no adverse comments. A more detailed description of the District’s submittals and EPA’s evaluation are included in a Technical Support Document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Comments must be received in writing by November 21, 2013. (To submit comments, visit www.regulations.gov, reference docket number EPA–R03–OAR–2013–0499.)

PROPOSED RULE: We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for three Caribbean plants, Agave eggersiana, Gonocalyx concolor, and Varronia rupicola, under the Endangered Species Act of 1973, as amended (Act). The effect of this rule, if it is made final, would be to conserve habitat for these three Caribbean plants under the Act. We will accept comments received or postmarked on or before December 23, 2013. (To submit comments, visit www.regulations.gov, reference docket number FWS–R4–ES–2013–0040.)

PROPOSED RULE: We, the U.S. Fish and Wildlife Service (Service), propose to list Agave eggersiana (no common name) and Gonocalyx concolor (no common name) as endangered species, and Varronia rupicola (no common name) as a threatened species under the Endangered Species Act of 1973, as amended (Act). These three plants are endemic to the Caribbean. The effect of this regulation, if finalized, would be to conserve A. eggersiana, G. concolor, and V. rupicola under the Act. (To submit comments, visit www.regulations.gov, reference docket number FWS–R4–ES–2013–0103.)