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Federal Register Highlights – 5/5/15

May 5, 2015

Unpublished, time-sensitive and proposed rules for May 5, 2015:

PROPOSED RULE: This proposed rule would update the hospice payment rates and the wage index for fiscal year (FY) 2016, including implementing the last year of the phase-out of the wage index budget neutrality adjustment factor (BNAF). This proposed rule also discusses recent hospice payment reform research and analyses and proposes to differentiate payments for routine home care (RHC) based on the beneficiary’s length of stay and to implement a service intensity add-on (SIA) payment for services provided in the last 7 days of a beneficiary’s life, if certain criteria are met. In addition, this rule would implement changes to the aggregate cap calculation mandated by the Improving Medicare Post-Acute Care Transformation Act of 2014 (IMPACT Act), align the cap accounting year for both the inpatient cap and the hospice aggregate cap with the federal fiscal year starting in FY 2017, make changes to the hospice quality reporting program, and would include a clarification regarding diagnosis reporting on the hospice claim. To be assured consideration, comments must be received no later than 5 p.m. on June 29, 2015. (To submit comments, visit Click here to be taken directly to the commenting page.

CANCELLATION OF TEMPORARY RULE: The Coast Guard is canceling the temporary deviation concerning the operating schedule that governs the Oregon State (Lewis and Clark River) Highway Bridge across the Lewis and Clark River, mile 1.0, at Astoria, OR. The deviation needs to be canceled due to contract agreements with the Oregon Department of Transportation (ODOT) and the bridge construction company. Weekend work dates have been changed. The temporary deviation published on April 28, 2015, at 80 FR 23445, is cancelled as of April 28, 2015.

TEMPORARY RULE: The Coast Guard is establishing a temporary security zone for the U.S. Open Golf Championship at Chambers Bay Golf Course in South Puget Sound, University Place, WA, from June 14, 2015 through June 22, 2015. This action is necessary to ensure the safety and security of participants, spectators, and event officials at the U.S. Open Golf Championship, and will do so by prohibiting any person or vessel from entering or remaining in the security zone unless authorized by the Captain of the Port or his Designated Representative. This rule is effective from June 14, 2015 through June 22, 2015.

PROPOSED RULE: The Corporation for National and Community Service (CNCS) proposes new regulations under the Domestic Volunteer Service Act of 1973, as amended, and the National and Community Service Act of 1990, as amended, for the Volunteers in Service to America (VISTA) program, including certain changes to update existing regulations. To be sure your comments are considered, they must reach CNCS on or before July 6, 2015. (To submit comments, visit Click here to be taken directly to the commenting page.)

RULE: We are adopting a new airworthiness directive (AD) for Airbus Model EC225LP helicopters. This AD requires repetitive visual and tap test inspections of each main rotor blade (blade) leading edge stainless steel protective strip (strip) for a crack, cut, or blind or open debonding (debonding), and taking approved corrective measures. If there is a crack or if there is debonding that exceeds acceptable limits, this AD requires, before further flight, repairing or replacing the blade with an airworthy part. This AD was prompted by suspected water seepage through a crack in the blade strip resulting in significant debonding. The actions of this AD are intended to prevent loss of the blade strip, excessive vibrations induced by blade weight imbalance, and subsequent loss of control of the helicopter. This AD is effective June 9, 2015.

RULE: We are adopting a new airworthiness directive (AD) for DG Flugzeugbau GmbH Model DG–1000T gliders equipped with a Solo Kleinmotoren Model 2350 C engine that supersedes AD 2013–22–14 R1. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as engine shaft failure with consequent propeller detachment. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective May 26, 2015.

PRPOPOSED RULE: This proposed rule describes how articles the President determines no longer warrant control under Category XII (Fire Control, Range Finder, Optical and Guidance and Control Equipment) of the United States Munitions List (USML) of the International Traffic in Arms Regulations (ITAR) would be controlled under the Commerce Control List (CCL) by creating new “600 series” Export Control Classification Numbers (ECCN)s 6A615, 6B615 and 6D615 for military fire control, range finder, and optical items, by revising ECCN 7A611 and by creating new ECCNs 7B611, 7C611 and 7E611 for military optical and guidance items. In addition, for certain night vision items currently subject to the Export Administration Regulations (EAR), this rule proposes to expand the scope of control, eliminate the use of some license exceptions, and create new ECCNs for certain software and technology related to night vision items. This proposed rule would also expand the scope of end-use restrictions on certain exports and re-exports of certain cameras, systems, or equipment and expand the scope of military commodities described in ECCN 0A919. Comments must be received by July 6, 2015. (To submit comments, visit Click here to be taken directly to the commenting page.)

PROPOSED RULE: NMFS proposes management measures for the 2015 summer flounder, scup, and black sea bass recreational fisheries. The implementing regulations for these fisheries require NMFS to publish recreational measures for the fishing year and to provide an opportunity for public comment. The intent of these measures is to constrain recreational catch to established limits and prevent overfishing of the summer flounder, scup, and black sea bass resources. Comments must be received by 5 p.m. local time, on May 20, 2015. (To submit comments, visit Click here to be taken directly to the commenting page.)


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