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Federal Register Highlights – 4/5/13

April 5, 2013

Unpublished, time-sensitive and proposed rules for April 5, 2013:

PROPOSED RULE: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the 1,000-acre Big Valley District–Lake County viticultural area and the 9,100-acre Kelsey Bench–Lake County viticultural area, both in Lake County, California. Additionally, TTB proposes to modify the boundary of the established 31,250-acre Red Hills Lake County viticultural area in order to align its border with that of the proposed Kelsey Bench–Lake County viticultural area. The proposed modification would increase the size of the Red Hills Lake County viticultural area by approximately 7 acres. The proposed viticultural areas and the established viticultural area that are the subject of this proposed rule lie entirely within the existing Clear Lake viticultural area, which, in turn, is within the larger, multicounty North Coast viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on these proposed additions and modification to its regulations. Comments must be received by June 4, 2013. (To submit comments, visit, reference TTB–2013–0003.)

PROPOSED RULE: This proposed rule would revise the survey, certification, and enforcement procedures related to CMS oversight of national accreditation organizations (AOs). These revisions would implement certain provisions under the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA). The proposed revisions would also clarify and strengthen our oversight of AOs that apply for, and are granted, recognition and approval of an accreditation program in accordance with the Social Security Act. To be assured consideration, comments must be received no later than 5 p.m. on June 4, 2013. (To submit comments, visit, reference file code CMS–3255–P.)

TEMPORARY RULE: The Coast Guard is temporarily changing the operating schedule that governs the Pelican Island Causeway bridge across Galveston Channel mile 4.5 (GIWW mile 356.1), at Galveston, Texas. The temporary change to the regulations will allow the bridge to remain closed to navigation while major repairs are conducted to the mechanical portions of the bascule span. Failure to complete the repairs in a timely manner may render the bridge completely inoperable for the passage of vessel traffic. This temporary final rule is effective from May 6, 2013, until July 8, 2014.

TEMPORARY RULE: The Danny Keysar Child Product Safety Notification Act, Section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), requires the United States Consumer Product Safety Commission (Commission or CPSC) to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ‘‘substantially the same as’’ applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is proposing a safety standard for soft infant and toddler carriers in response to the direction under Section 104(b) of the CPSIA. Submit comments by June 19, 2013. (To submit comments, visit, reference docket number CPSC–2013–0014.)

PROPOSED RULE: The proposed regulations would create conflict-of-interest, training and certification, and meaningful access standards applicable to Navigators and non-Navigator assistance personnel in Federally-facilitated Exchanges, including State Partnership Exchanges, and to non-Navigator assistance personnel in State-based Exchanges that are funded through federal Exchange Establishment grants. These proposed standards would help ensure that Navigators and non-Navigator assistance personnel will be fair and impartial and will be appropriately trained, and that they will provide services and information in a manner that is accessible. The proposed regulations would also make two amendments to the existing regulation for Navigators that would apply to all Navigators in all Affordable Insurance Exchanges Exchanges), including State-based Exchanges, clarifying that any Navigator licensing, certification, or other standards prescribed by the state or Exchange must not prevent the application of the provisions of title I of the Affordable Care Act; and adding to the list of entities ineligible to become Navigators, those entities with relationships to issuers of stop loss insurance, including those who are compensated directly or indirectly by issuers of stop loss insurance in connection with enrollment in Qualified Health Plans or non-Qualified Health Plans. The proposed regulations would also clarify that the same ineligibility criteria that apply to Navigators would also apply to non-Navigator assistance personnel providing services in any Federally-facilitated Exchanges, including in State Consumer Partnership Exchanges, and to federally funded non-Navigator assistance personnel in State-based Exchanges. To be assured consideration, comments must be received no later than 5 p.m. on May 6, 2013. (To submit comments, visit, reference file code CMS–9955–P.)

PROPOSED RULE: This document contains proposed regulations that provide guidance to charitable hospital organizations on the community health needs assessment (CHNA) requirements, and related excise tax and reporting obligations, enacted as part of the Patient Protection and Affordable Care Act of 2010. These proposed regulations also clarify the consequences for failing to meet these and other requirements for charitable hospital organizations. These regulations will affect charitable hospital organizations. Comments and requests for a public hearing must be received by July 5, 2013. (To submit comments, visit, reference docket number IRS REG–106499–12.)

PROPOSED RULE: NARA proposes to amend its regulations on the public use of NARA facilities in the Washington, DC area. The regulations are being revised to clarify instances where fees may be charged for services related to building use. It also updates contact information for requesting use of NARA public areas in the Washington, DC National Archives Building and the National Archives at College Park. Submit comments on or before June 4, 2013. (To submit comments, visit, reference RIN 3095–AB77.)

PROPOSED RULE: The Office of Personnel Management (OPM) proposes to amend its regulations by granting Federal employees residing in the District of Columbia a partial exemption from the political activity restrictions and adding the District of Columbia to its regulatory list of designated localities. The proposed amendment reflects OPM’s determination that the District of Columbia meets the criteria for a partial exemption to issue. Written comments must be received on or before June 4, 2013. (To submit comments, visit, reference RIN 3206–AM80.)



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