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Federal Register Highlights – 7/8/13

July 8, 2013

Unpublished, time-sensitive and proposed rules for July 8, 2013:

PROPOSED RULE: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the ‘‘Malibu Coast’’ viticultural area in portions of Los Angeles County and Ventura County, California. The proposed viticultural area, if established, would include the existing Saddle Rock-Malibu and Malibu- Newton Canyon viticultural areas. 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 this proposed addition to its regulations. We must receive your comments on or before September 6, 2013. (To submit comments, visit www.regulations.gov, reference docket number TTB–2013–0007.)

PROPOSED RULE: This rule proposes to update and make revisions to the End-Stage Renal Disease (ESRD) prospective payment system (PPS) for calendar year (CY) 2014. This rule also proposes to set forth requirements for the ESRD quality incentive program (QIP), including for payment year (PY) 2016 and beyond. In addition, this rule proposes to clarify the grandfathering provision related to the 3-year minimum lifetime requirement (MLR) for Durable Medical Equipment (DME). In addition, it provides clarification of the definition of routinely purchased DME. This rule also proposes the implementation of budget-neutral fee schedules for splints and casts, and intraocular lenses (IOLs) inserted in a physician’s office. Finally, this rule would make a few technical amendments and corrections to existing regulations related to payment for DMEPOS items and services. To be assured consideration, comments must be received no later than 5 p.m. E.S.T on August 30, 2013. (To submit comments, visit www.regulations.gov, reference file code CMS–1526–P.)

TEMPORARY RULE: The Commander, Fifth Coast Guard District, has issued a temporary deviation from the operating schedule that governs the US 70/Alfred C. Cunningham Bridge across the Trent River, mile 0.0, at New Bern, NC. The deviation allows the bridge draw span to remain in the closed to navigation position for one hour on two consecutive days to accommodate the annual Bike Multiple Sclerosis: Historic New Bern Bike Ride. This deviation is effective from 8 a.m. to 9 a.m. on September 7, 2013 and again from 8 a.m. to 9 a.m. on September 8, 2013.

TEMPORARY RULE: The Coast Guard will enforce a segment of the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, Calumet-Saganashkee Channel on all waters of the Chicago Sanitary and Ship Canal from Mile Marker 296.1 to Mile Marker 296.7 at specified times on July 15 through July 19, 2013. This action is necessary to protect the waterways, waterway users, and vessels from hazards associated with the U.S. Army Corps of Engineers (USACE) dispersal barriers performance testing. During the enforcement periods listed below, entry into, transiting, mooring, laying-up or anchoring within the enforced area of this safety zone by any person or vessel is prohibited unless authorized by the Captain of the Port, Lake Michigan, or his designated representative.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on Kalamazoo Lake in Saugatuck, MI. This safety zone is intended to restrict vessels from a portion of Kalamazoo Lake due to a fireworks display. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the fireworks display. This rule is effective from 9 p.m. until 11 p.m. on July 27, 2013.

PROPOSED RULE: The National Endowment for the Arts (NEA), the National Endowment for the Humanities (NEH), and the Institute of Museum and Library Services (IMLS) are proposing to amend their joint Freedom of Information Act (FOIA) regulations, to remove any reference to the NEH, the Federal Council on the Arts and the Humanities (FCAH), an agency for which the NEH provides legal counsel, and the IMLS. The NEA, the NEH and the IMLS are amending these joint regulations because each agency has proposed or plans to propose its own separate FOIA regulations. Written comments must be postmarked and electronic comments must be submitted on or before September 6, 2013. (To submit comments, send an email to Gencounsel@neh.gov. Please include ‘‘NFAH FOIA Regulations’’ in the subject line of the message.)

TEMPORARY RULE: NMFS is prohibiting directed fishing for northern rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2013 total allowable catch (TAC) of northern rockfish in the Western Regulatory Area of the GOA. Effective 1200 hrs, Alaska local time (A.l.t.), July 3, 2013, through 2400 hrs, A.l.t., December 31, 2013.

TEMPORARY RULE: NMFS is prohibiting directed fishing for dusky rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2013 total allowable catch (TAC) of dusky rockfish in the Western Regulatory Area of the GOA. Effective 1200 hrs, Alaska local time (A.l.t.), July 3, 2013, through 2400 hrs, A.l.t., December 31, 2013.

 

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