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Federal Register Highlights – 3/11/16

March 11, 2016

Unpublished, time-sensitive and proposed rules for March 11, 2016:

PROPOSED RULE: This proposed rule discusses the implementation of a new Medicare payment model under section 1115A of the Social Security Act (the Act). We propose the Part B Drug Payment Model as a two-phase model that would test whether alternative drug payment designs will lead to a reduction in Medicare expenditures, while preserving or enhancing the quality of care provided to Medicare beneficiaries. The first phase would involve changing the 6 percent add-on to Average Sales Price (ASP) that we use to make drug payments under Part B to 2.5 percent plus a flat fee (in a budget neutral manner). The second phase would implement value-based purchasing tools similar to those employed by commercial health plans, pharmacy benefit managers, hospitals, and other entities that manage health benefits and drug utilization. We believe this model will further our goals of smarter, that is, more efficient spending on quality care for Medicare beneficiaries. To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on May 9, 2016. (To submit comments, visit www.regulations.gov, reference file code CMS–1670–P.)

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the S37 Bridge across the Barnegat Bay, mile 14.1, New Jersey Intracoastal Waterway, at Seaside Heights, NJ. This deviation is necessary to perform bridge maintenance and repairs. This deviation allows the bridge to remain in the closed-to-navigation position. This deviation is effective from 8 p.m. on March 31, 2016 to 8 p.m. on April 17, 2016.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the S165 (North Landing Road) Bridge across the North Landing River, mile 20.2, at Chesapeake, VA. This deviation is necessary to perform emergency bridge repairs. This deviation allows the bridge to remain in the closed-to-navigation position. This deviation is effective without actual notice from March 11, 2016 through 6 p.m. on June 30, 2016. For the purposes of enforcement, actual notice will be used from March 8, 2016 at 8:45 a.m., until March 11, 2016.

RULE: We are adopting a new airworthiness directive (AD) for Airbus Helicopters Model AS 365 N3, EC 155B, and EC155B1 helicopters with certain external life rafts. This AD requires installing a sheath kit on the left-hand and right-hand raft deployment control systems. This AD is prompted by a report that the life raft deployment control could not be adjusted due to problems with the life raft deployment linkage. This unsafe condition, if not corrected, could result in failure of the external life raft to deploy and prevent evacuation of passengers during an emergency. This AD becomes effective March 28, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain Dowty Propellers R352/6–123–F/1, R352/6–123–F/2, and R410/6–123–F/35 model propellers. This AD was prompted by reports of dowel hole cracks in the face of the rear hub half. This AD requires installing dowel hole liners as necessary. We are issuing this AD to prevent loss of structural integrity of the propeller hub, which could result in damage to the propeller and damage to the airplane. This AD becomes effective April 15, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain MDHI Model 369A (Army OH–6A), 369H, 369HE, 369HM, 369HS, 369D, 369E, 369F, 369FF, and 500N helicopters. This AD requires inspecting the auxiliary fuel pump (fuel pump) wire routing in the left-hand fuel cell and corrective action, if necessary. This AD also requires installing a warning decal on the left-hand fuel cell access cover. This AD was prompted by accidents resulting from incorrectly positioned fuel pump wiring within the fuel tank interfering with the operation of the fuel quantity sensor float, which caused an erroneous fuel quantity indication in the cockpit. The actions are intended to detect and correct routing of the fuel pump wiring to prevent interference with the fuel quantity sensor float, an erroneous fuel quantity indication in the cockpit, and subsequent fuel exhaustion and emergency landing. This AD is effective April 15, 2016.

RULE: We are superseding Airworthiness Directive (AD) 96–12–12, which applies to certain Piper Aircraft, Inc. Models PA–31, PA–31–300, PA– 31–325, and PA–31–350 airplanes. AD 96–12–12 requires a one-time inspection of the bulkhead assembly at fuselage station (FS) 317.75 for cracks and the installation of one of two reinforcement kits determined by whether cracks were found during the inspection. This new AD requires repetitive inspections of the bulkhead assembly at FS 317.75 for cracks, repair of cracks as necessary, and the installation of a reinforcement modification. This AD was prompted by cracks found in the FS 317.75 upper bulkhead. We are issuing this AD to correct the unsafe condition on these products. This AD is effective April 15, 2016.

RULE: We are adopting a new airworthiness directive (AD) for Sikorsky Aircraft Corporation (Sikorsky) Model S–92A helicopters. This AD requires certain inspections of the main rotor and tail rotor control pushrods (pushrods). This AD is prompted by a Sikorsky investigation that indicated that some pushrods may have incorrectly installed locking mechanisms. These AD actions are intended to detect an incorrectly installed locking mechanism, which if not corrected, could result in a loose jam nut, failure of the pushrod, loss of main rotor or tail rotor flight control, and consequent loss of helicopter control. This AD becomes effective March 28, 2016.

RULE: We are superseding Airworthiness Directive (AD) 2013–08– 23 for all The Boeing Company Model DC–10–10, DC–10–10F, DC–10–15, DC– 10–30, DC–10–30F (KC–10A and KDC– 10), DC–10–40, DC–10–40F, MD–10– 10F, MD–10–30F, MD–11, and MD–11F airplanes. AD 2013–08–23 required adding design features to detect electrical faults and to detect a pump running in an empty fuel tank. This new AD would clarify certain requirements and remove a terminating action. This new AD would also provide an optional method of compliance for the proposed actions. This AD was prompted by a determination that it is necessary to clarify the requirements for the design features and to remove a terminating action for certain inspections. We are issuing this AD to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. This AD is effective April 15, 2016.

PROPOSED RULE: The best available scientific and commercial data indicate that the Greater Yellowstone Ecosystem (GYE) population of grizzly bears (Ursus arctos horribilis) has recovered and no longer meets the definition of an endangered or threatened species under the Endangered Species Act, as amended (Act). The United States Fish and Wildlife Service (Service) is also proposing to identify the GYE grizzly bear population as a distinct population segment (DPS). Therefore, we, the Service propose to revise the List of Endangered and Threatened Wildlife, under the authority of the Act, by removing the GYE population. The Service has determined that the GYE grizzly bear population has increased in size and more than tripled its occupied range since being listed as threatened under the Act in 1975 and that threats to the population are sufficiently minimized. The participating States of Idaho, Montana, and Wyoming must adopt the necessary post-delisting management objectives, which adequately ensure that the GYE population of grizzly bears remains recovered, into enforceable regulations before the Service will proceed with a final delisting rule. We will accept comments received or postmarked on or before May 10, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FWS–R6–ES–2016–0042.)

PROPOSED RULE: This NPRM proposes to amend 49 CFR part 595, subpart C, “Make Inoperative Exemptions, Vehicle Modifications to Accommodate People With Disabilities,” to include a new exemption relating to the Federal motor vehicle safety standard for roof crush resistance. The exemption would facilitate the mobility of physically disabled drivers and passengers. This document responds to a petition from Autoregs Consulting, Inc. on behalf of The National Mobility Equipment Dealers Association. You should submit your comments early enough to ensure that the Docket receives them not later than May 10, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. NHTSA–2016–0031.)

TEMPORARY RULE: NMFS implements an accountability measure (AM) through this temporary rule for commercial harvest of king mackerel in the Florida west coast southern subzone of the eastern zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) using run-around gillnet gear. NMFS has determined that the commercial annual catch limit (ACL; commercial quota) for king mackerel using run-around gillnet gear in the Florida west coast southern subzone of the Gulf EEZ will be reached by March 11, 2016. Therefore, NMFS closes the Florida west coast southern subzone to commercial king mackerel fishing using run-around gillnet gear in the Gulf EEZ. This closure is necessary to protect the Gulf king mackerel resource. The closure is effective from 12:01 p.m., eastern standard time, March 11, 2016, until 6 a.m., eastern standard time, January 17, 2017.

TEMPORARY RULE: NMFS implements an accountability measure for the commercial longline component for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial longline landings for golden tilefish are projected to reach the longline component’s commercial annual catch limit (ACL) on March 15, 2016. Therefore, NMFS closes the commercial longline component for golden tilefish in the South Atlantic EEZ on March 15, 2016, and it will remain closed until the start of the next fishing year, January 1, 2017. This closure is necessary to protect the golden tilefish resource. This rule is effective 12:01 a.m., local time, March 15, 2016, until 12:01 a.m., local time, January 1, 2017.

TEMPORARY RULE: NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2016 Pacific cod total allowable catch allocated to trawl catcher vessels in the BSAI. Effective 1200 hours, Alaska local time (A.l.t.), March 9, 2016, through 1200 hours, A.l.t., April 1, 2016.

TEMPORARY RULE: NMFS is reallocating the projected unused amounts of the Aleut Corporation pollock directed fishing allowance from the Aleutian Islands subarea to the Bering Sea subarea. This action is necessary to provide opportunity for harvest of the 2016 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. Effective 1200 hrs, Alaska local time (A.l.t.), March 11, 2016 through 2400 hrs Alaska Local time, December 31, 2016.

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