August 2018 – Federal Register Recent Federal Regulation Documents

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 27 chemical substances which were the subject of premanufacture notices (PMNs). The chemical substances are subject to Orders issued by EPA pursuant to section 5(e) of TSCA. This action would require persons who intend to manufacture (defined by statute to include import) or process any of these 27 chemical substances for an activity that is designated as a significant new use by these rules to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA's evaluation of the intended use within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notification, and has taken such actions as are required with that determination. In addition to this notice of proposed rulemaking, EPA is issuing the action as a direct final rule elsewhere in this issue of the Federal Register.

The Civilian Board of Contract Appeals (Board) amends its rules of procedure for cases arising under the Contract Disputes Act, and for disputes between insurance companies and the Department of Agriculture's Risk Management Agency in which decisions of the Federal Crop Insurance Corporation are brought before the Board under the Federal Crop Insurance Act. The Board's current rules were issued in 2008 and were last amended in 2011. After considering the one responsive comment received, the Board now promulgates its final rules of procedure.

We are revising the Medicare hospital inpatient prospective payment systems (IPPS) for operating and capital-related costs of acute care hospitals to implement changes arising from our continuing experience with these systems for FY 2019. Some of these changes implement certain statutory provisions contained in the 21st Century Cures Act and the Bipartisan Budget Act of 2018, and other legislation. We also are making changes relating to Medicare graduate medical education (GME) affiliation agreements for new urban teaching hospitals. In addition, we are providing the market basket update that will apply to the rate-of-increase limits for certain hospitals excluded from the IPPS that are paid on a reasonable cost basis, subject to these limits for FY 2019. We are updating the payment policies and the annual payment rates for the Medicare prospective payment system (PPS) for inpatient hospital services provided by long- term care hospitals (LTCHs) for FY 2019. In addition, we are establishing new requirements or revising existing requirements for quality reporting by specific Medicare providers (acute care hospitals, PPS-exempt cancer hospitals, and LTCHs). We also are establishing new requirements or revising existing requirements for eligible professionals (EPs), eligible hospitals, and critical access hospitals (CAHs) participating in the Medicare and Medicaid Electronic Health Record (EHR) Incentive Programs (now referred to as the Promoting Interoperability Programs). In addition, we are finalizing modifications to the requirements that apply to States operating Medicaid Promoting Interoperability Programs. We are updating policies for the Hospital Value-Based Purchasing (VBP) Program, the Hospital Readmissions Reduction Program, and the Hospital- Acquired Condition (HAC) Reduction Program. We also are making changes relating to the required supporting documentation for an acceptable Medicare cost report submission and the supporting information for physician certification and recertification of claims.

The Coast Guard is establishing a special local regulation for certain waters of the Detroit River, Detroit, MI. This action is necessary to ensure safety of life on navigable waters immediately prior to, during, and after the swim portion of the Michigan Championship Triathlon.

The Coast Guard is establishing a temporary safety zone for navigable waters of Dunkirk Harbor, Lake Erie, Dunkirk, NY. This safety zone is intended to restrict vessels from portions of Dunkirk Harbor during the Great Lakes Offshore Grand Prix. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with this regatta. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo.

This advance notice of proposed rulemaking (ANPR) invites public comment on amendments to HUD's affirmatively furthering fair housing (AFFH) regulations. The goal of the regulations is to provide HUD program participants with a specific planning approach to assist them in meeting their statutory obligation to affirmatively further the purposes and policies of the Fair Housing Act. HUD is committed to its mission of achieving fair housing opportunity for all, regardless of race, color, religion, national origin, sex, disability, or familial status. However, HUD's experience over the three years since the newly- specified approach was promulgated demonstrates that it is not fulfilling its purpose to be an efficient means for guiding meaningful action by program participants. Accordingly, HUD has determined that a new approach towards AFFH is required. As HUD begins the process of developing a proposed rule to amend the existing AFFH regulations, it is soliciting public comment on changes that will: Minimize regulatory burden while more effectively aiding program participants to plan for fulfilling their obligation to affirmatively further the purposes and policies of the Fair Housing Act; create a process that is focused primarily on accomplishing positive results, rather than on performing analysis of community characteristics; provide for greater local control and innovation; seek to encourage actions that increase housing choice, including through greater housing supply; and more efficiently utilize HUD resources. HUD is also reviewing comments submitted in response to the withdrawal of the Local Government Assessment Tool and will consider those comments during HUD's consideration of potential changes to the AFFH regulations.

We are adopting a new airworthiness directive (AD) for certain B/E Aerospace Fischer GmbH Attendant Seats NG and Pilot Seats 120/335. This AD requires removing and replacing the energy absorber (EA) assemblies on affected pilot seats and the removing and replacing affected attendant seats. This AD was prompted by the discovery that rivets with insufficient strength were used during the manufacture of EA assemblies installed on certain seats. We are issuing this AD to address the unsafe condition on these products.

GSA is amending the General Services Administration Regulation (GSAR) to clarify the text regarding the application of the threshold for order-level materials (OLMs).

We propose to adopt an airworthiness directive (AD) for all The Boeing Company Model 757-200 series airplanes. This proposed AD was prompted by reports of uncommanded movement of the captain's and first officer's seats. This proposed AD would require, for the captain's and first officer's seats, repetitive horizontal actuator identifications, repetitive checks of the horizontal movement system (HMS), a detailed inspection of the HMS, as applicable, and applicable on-condition actions. This proposed AD would also require a general visual inspection to determine seat part numbers of the captain's and first officer's seats, a cable adjustment check on seats with certain seat part numbers, and applicable on-condition actions. We are proposing this AD to address the unsafe condition on these products.

This action amends the Chicago, IL, Class B airspace area description by changing references for defining the center point of the Chicago Class B airspace from the Chicago O'Hare VHF Omnidirectional Range/Distance Measuring Equipment (VOR/DME) to ``Point of Origin.'' The ``Point of Origin'' uses the same geographic coordinates as the Chicago O'Hare VOR/DME location. This action also amends the Chicago Midway Airport, IL, Class C airspace description by changing the reference for defining a portion of the Class C airspace boundary from using the Chicago O'Hare VOR/DME to using the geographic coordinates of the Chicago O'Hare VOR/DME instead. The FAA is taking this action due to the planned decommissioning of the Chicago O'Hare VOR/DME. Additionally, the Chicago Class B and Chicago Midway Airport Class C airspace descriptions are edited further to reflect the Chicago Midway International Airport name change to match the current information in the FAA's aeronautical database, and the Chicago Midway Airport Class C airspace designation is amended to remove the airport name from the airspace designation to comply with FAA regulatory guidance. These changes are editorial only and do not alter the current charted boundaries, altitudes, or ATC procedures for the Chicago Class B or the Chicago Midway International Airport Class C airspace areas.

The Environmental Protection Agency (EPA) is proposing to approve, under the Clean Air Act, Ohio's revised sulfur dioxide (SO2) regulations, which Ohio submitted to EPA on March 13, 2017. Ohio updated its regulations to correct facility information which has changed and to add new emission limits for selected sources in Lake and Jefferson Counties. The revised regulations do not impose substantive changes or additional emission restrictions upon the Ohio State Implementation Plan (SIP) except for the site-specific provisions which have been revised in response to Ohio's nonattainment area designations of August 5, 2013. EPA is proposing to approve the majority of the revised regulations which the state submitted. EPA proposes to take no action on a portion of one submitted rule, which has never been federally approved. EPA also proposes to remove one rule from the SIP, which Ohio rescinded and replaced in 2009.

NMFS proposes regulations to modify management of the American Fisheries Act (AFA) Program and Crab Rationalization (CR) Program. This proposed rule has two related actions. The first action would modify regulations for AFA Program and CR Program vessels subject to limits on the catch of specific species (sideboard limits) in the Bering Sea and Aleutian Islands (BSAI) Management Area and Gulf of Alaska (GOA) Management Area. The second action would remove the requirement for the designated representatives of AFA inshore cooperatives to submit a weekly catch report. This proposed rule is intended to reduce administrative burdens associated with managing sideboard limits through annual harvest specifications, although it would not change NMFS's inseason management of sideboard limits and reduce reporting burdens for the designated representatives and members of AFA inshore cooperatives.

This document contains proposed regulations concerning the deduction for qualified business income under section 199A of the Internal Revenue Code (Code). The regulations will affect individuals, partnerships, S corporations, trusts, and estates engaged in domestic trades or businesses. The proposed regulations also contain an anti- avoidance rule under section 643 of the Code to treat multiple trusts as a single trust in certain cases. This document also provides notice of a public hearing on these proposed regulations.

The Coast Guard is establishing a temporary safety zone for certain navigable waters of the Lower Mississippi River. This action is necessary to provide for the safety of persons, vessels, and the marine environment on these navigable waters near New Orleans, LA, during a fireworks display. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector New Orleans or a designated representative.

The Environmental Protection Agency (EPA) is proposing to approve as a State Implementation Plan (SIP) revision an Indiana submission to EPA dated October 2, 2015. The submission addresses attainment of the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS) for the Indianapolis (Marion County), Southwest Indiana (Daviess and Pike Counties), and Terre Haute (Vigo County) areas. Indiana also submitted a SIP revision request for the Morgan County area. In this proposed action, EPA is not addressing the Morgan County portion of the SIP revision request, and will address it separately in a future action. This plan (herein called a ``nonattainment plan'') includes Indiana's attainment demonstration and other elements required under the Clean Air Act (CAA). In addition to an attainment demonstration, the nonattainment plan addresses the requirement for meeting reasonable further progress (RFP) toward attainment of the NAAQS, reasonably available control measures and reasonably available control technology (RACM/RACT), base-year and projection-year emission inventories, enforceable emissions limitations and control measures, and contingency measures. EPA proposes to conclude that Indiana has appropriately demonstrated that the plan provisions provide for attainment of the 2010 SO2 NAAQS in the Indianapolis, Southwest Indiana, and Terre Haute areas by the applicable attainment date and that the plan meets the other applicable requirements under the CAA.

We are making permanent the attorney advisor program, which has proved to be an integral tool in providing timely decisions to the public while maximizing the use of our administrative law judges (ALJs). The attorney advisor initiative permits some attorney advisors to develop claims, including holding prehearing conferences, and, in cases in which the documentary record clearly establishes that a fully favorable decision is warranted, issue fully favorable decisions before a hearing is conducted. We expect that by making the attorney advisor program permanent, we will be able to continue to reduce the number of pending claims at the hearing level of our administrative review process and provide more timely service to claimants.

The Commission is initiating a review to determine when a mail preparation change is a rate change. This document informs the public of the docket's initiation, invites public comment, and takes other administrative steps.

We are adopting a new airworthiness directive (AD) for all Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by reports that electro-hydrostatic actuators (EHAs), installed on the inboard ailerons, elevators, and rudder, had degraded insulation resistance in the direct drive solenoid valve (DDSOV), due to incorrect sealing application. This AD requires a check of the insulation resistance of the DDSOV of each affected EHA and applicable corrective actions. We are issuing this AD to address the unsafe condition on these products.

In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, an information collection associated with the rules for the Connect America Fund Phase II auction contained in the Commission's Connect America Fund Orders, FCC 14-54, FCC 16-64, and FCC 18-5. This document is consistent with the Connect America Fund Orders, which stated that the Commission would publish a document in the Federal Register announcing the effective date of the new information collection requirements.

This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single- Employer Plans to prescribe interest assumptions under the regulation for valuation dates in September 2018. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.

The Commission is noticing the partial rescindment of a previously proposed rule. This notice informs the public of the docket's reinstatement, invites public comment, and takes other administrative steps.

The Coast Guard proposes to amend its Baltimore Harbor anchorage grounds regulation. The proposed changes would reduce the size of three general anchorages, establish one new general anchorage, rename two existing general anchorages, and change the duration a vessel may remain within an anchorage for two existing general anchorages. This proposed rule would ensure that Coast Guard regulations are consistent with the U.S. Army Corps of Engineers Baltimore District Port of Baltimore Anchorages and Channels civil works project that widened the channel, and provide a higher degree of safety to persons, property and the environment by accurately depicting the anchorage locations. The proposed changes to the regulated uses of the anchorages would support current and future port activity related to the safety of post-Panamax commercial cargo vessels, and would remove vessel security provisions that currently exist in these Baltimore Harbor regulations. We invite your comments on this proposed rulemaking.

On August 3, 2018, the National Telecommunications and Information Administration (NTIA) and the National Highway Traffic Safety Administration (NHTSA) published a final rule that revised the implementing regulations for the 911 Grant Program, as a result of the enactment of the Next Generation 911 (NG911) Advancement Act of 2012. This document corrects numbering errors in the regulatory text.

We propose to supersede Airworthiness Directive (AD) 2017-03- 02, which applies to certain Rolls-Royce plc (RR) RB211 Trent 768-60, 772-60, and 772B-60 turbofan engines. AD 2017-03-02 requires initial and repetitive ultrasonic inspections (UIs) of the affected low- pressure (LP) compressor blades. Since we issued AD 2017-03-02, RR issued revised service information to reduce the inspection threshold for UIs of the affected blades. This proposed AD would retain the UIs in AD 2017-03-02 while reducing the inspection threshold. We are proposing this AD to address the unsafe condition on these products.