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Federal Register Highlights – 5/1/15

May 1, 2015

Unpublished, time-sensitive and proposed rules for May 1, 2015:

PROPOSED RULE: We are proposing to amend the fruits and vegetable regulations to allow citrus fruit from the entire country of Peru into the continental United States. Currently, the regulations allow the importation of citrus fruit to the United States from five approved citrus-producing zones in Peru, subject to a systems approach. However, based on the findings of a pest list and commodity import evaluation document, we have determined that this systems approach also mitigates the plant pest risk associated with citrus fruit produced in all other areas of Peru. This action would allow the importation of citrus fruit from the entire country of Peru while continuing to provide protection against the introduction of plant pests into the continental United States. We will consider all comments that we receive on or before June 30, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: This proposed rule would update the prospective payment rates for Medicare inpatient hospital services provided by inpatient psychiatric facilities (IPFs) (which are freestanding IPFs and psychiatric units of an acute care hospital or critical access hospital). These changes would be applicable to IPF discharges occurring during the fiscal year (FY) beginning October 1, 2015 through September 30, 2016 (FY 2016). This proposed rule also proposes: A new IPF-specific market basket; to update the IPF labor-related share; a transition to new Core Based Statistical Area (CBSA) designations in the FY 2016 IPF Prospective Payment System (PPS) wage index; to phase out the rural adjustment for IPF providers whose status changes from rural to urban as a result of the proposed wage index CBSA changes; and new quality measures and reporting requirements under the IPF quality reporting program. This proposed rule also reminds IPFs of the October 1, 2015 implementation of the International Classification of Diseases, 10th Revision, Clinical Modification (ICD–10–CM), and updates providers on the status of IPF PPS refinements. To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on June 23, 2015.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the operation of the Blynman (SR 127) Bridge across the Annisquam River and Blynman Canal, mile 0.0, at Gloucester, Massachusetts. This deviation is necessary to facilitate public safety during a public event, the annual Saint Peter’s Fiesta 5K Road Race. This deviation allows the bridge to remain closed for thirty minutes to facilitate public safety. This deviation is effective from 6:15 p.m. to 6:45 p.m. on June 25, 2015.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on the South Branch of the Chicago River, Chicago, Illinois. This temporary safety zone is intended to restrict vessels from a designated portion of the South Branch of the Chicago River due to the transit of a floating construction platform on April 26, 2015, or alternatively on a later date. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the transit of the floating construction platform. This rule is effective from May 1, 2015 until May 9, 2015.

RULE: We are revising airworthiness directive (AD) 2014–17–08 for all Pratt & Whitney Canada Corp. (P&WC) PT6A–114 and PT6A–114A  turboprop engines. AD 2014–17–08 required initial and repetitive borescope inspections (BSIs) of compressor turbine (CT) blades, and the removal from service of blades that fail inspection. This new AD adds an additional single crystal CT blade, reduces the affected population, and corrects the Credit for Previous Action paragraph. This AD was prompted by P&WC development of an additional single crystal CT blade that corrects the unsafe condition. We are issuing this AD to prevent failure of CT blades, which could result in damage to the engine and damage to the airplane. This AD is effective June 5, 2015.

RULE: We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 787 airplanes. This AD requires a repetitive maintenance task for electrical power deactivation on Model 787 airplanes. This AD was prompted by the determination that a Model 787 airplane that has been powered continuously for 248 days can lose all alternating current (AC) electrical power due to the generator control units (GCUs) simultaneously going into failsafe mode. This condition is caused by a software counter internal to the GCUs that will overflow after 248 days of continuous power. We are issuing this AD to prevent loss of all AC electrical power, which could result in loss of control of the airplane. This AD is effective May 1, 2015.

PROPOSED RULE: The Food and Drug Administration (FDA) is issuing this proposed rule to amend the 1994 tentative final monograph or  proposed rule (the 1994 TFM) for over-the-counter (OTC) antiseptic drug products. In this proposed rule, we are proposing to establish conditions under which OTC antiseptic products intended for use by health care professionals in a hospital setting or other health care situations outside the hospital are generally recognized as safe and effective. In the 1994 TFM, certain antiseptic active ingredients were proposed as being generally recognized as safe for use in health care settings based on safety data evaluated by FDA as part of its ongoing review of OTC antiseptic drug  products. However, in light of more recent scientific developments, we are now proposing that additional safety data are necessary to support the safety of antiseptic active ingredients for these uses. We also are proposing that all health care antiseptic active ingredients have in vitro data characterizing the ingredient’s antimicrobial properties and in vivo clinical simulation studies showing that specified log reductions in the amount of certain bacteria are achieved using the ingredient. Submit electronic or written comments by October 28, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

TEMPORARY RULE: NMFS is closing the commercial fisheries for blacktip sharks, aggregated large coastal sharks (LCS), and hammerhead sharks in the Gulf of Mexico region. This action is necessary because the commercial landings of blacktip sharks in the Gulf of Mexico region for the 2015 fishing season are projected to exceed 80 percent of the available commercial quota as of May 1, 2015, commercial landings of aggregated LCS in the Gulf of Mexico region have exceeded 80 percent of the available commercial quota, and the aggregated LCS and hammerhead shark fisheries are quota-linked under the current regulations. The commercial fisheries for blacktip sharks, aggregated LCS, and hammerhead sharks are closed  effective 11:30 p.m. local time May 3, 2015, until the end of the 2015 fishing season on December 31, 2015, or until and if NMFS announces via a notice in the Federal Register that additional quota is available and the season is reopened.

PROPOSED RULE: The U.S. Small Business Administration (SBA) proposes to amend its regulations to implement section 825 of the National Defense Authorization Act for Fiscal Year 2015 (2015 NDAA). Section 825 of the 2015 NDAA included language granting contracting officers the authority to award sole source contracts to Women-Owned Small Businesses (WOSBs) and Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs). Section 825 of the 2015 NDAA also changed the deadline for SBA to conduct a study to determine the industries in which WOSBs are underrepresented to January 2, 2016. As a result, SBA is proposing to amend its definitions of underrepresentation and substantial underrepresentation. Comments must be received on or before June 30, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

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