October 2018 – Federal Register Recent Federal Regulation Documents

The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995, provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Employee Benefits Security Administration (EBSA) is soliciting comments on the proposed extension of the information collection requests (ICRs) contained in the documents described below. A copy of the ICRs may be obtained by contacting the office listed in the ADDRESSES section of this notice. ICRs also are available at reginfo.gov (https://www.reginfo.gov/public/do/PRAMain).

Notice is hereby given that permits or permit amendments have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Washington State pontoon highway bridge (Hood Canal Bridge) across Hood Canal, mile 5.0, near Port Gamble, WA. The deviation is necessary to accommodate replacement newly discovered draw span operating equipment while installing upgrades. This deviation allows the bridge to open the half the draw, 300 feet, after receiving at least a four hour notice.

In accordance with section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), the U.S. Consumer Product Safety Commission (CPSC), in March 2017, published a consumer product safety standard for infant bath tubs. The standard incorporated by reference the applicable ASTM voluntary standard. The CPSIA sets forth a process for updating standards that the Commission has issued under the authority of section 104(b) of the CPSIA. In accordance with that process, we are publishing this direct final rule, revising the CPSC's standard for infant bath tubs to incorporate by reference a more recent version of the applicable ASTM standard.

The Department of Labor proposes a regulation under title 29 of the Code of Federal Regulations to expand access to affordable quality retirement saving options by clarifying the circumstances under which an employer group or association or a professional employer organization (PEO) may sponsor a workplace retirement plan. In particular, the proposed regulation clarifies that employer groups or associations and PEOs can, when satisfying certain criteria, constitute ``employers'' within the meaning of section 3(5) of ERISA for purposes of establishing or maintaining an individual account ``employee pension benefit plan'' within the meaning of ERISA section 3(2). As an ``employer,'' a group or association can sponsor a defined contribution retirement plan for its members, as can a PEO sponsor a plan for client employers (collectively referred to as ``MEPs'' unless otherwise specified). The proposed regulation would allow different businesses to join a MEP, either through a group or association or through a PEO. The proposal would also permit certain working owners without employees to participate in a MEP sponsored by a group or association. The proposal would primarily affect groups or associations of employers, PEOs, plan participants, and plan beneficiaries. The proposal would not affect whether groups, associations, or PEOs assume joint-employment relationships with member-employers or client employers. But the proposal may affect banks, insurance companies, securities broker- dealers, record keepers, and other commercial enterprises that provide retirement-plan products and services.

The Commercial Fishing Safety Advisory Committee will meet in Seattle, Washington to discuss various issues relating to safety in the commercial fishing industry. All meetings will be open to the public.

The Food and Drug Administration's (FDA) Center for Devices and Radiological Health, Office of Device Evaluation recognizes that an efficient, risk-based approach to regulating ophthalmic Optical Coherence Tomography (OCT) technology will foster innovation designed to improve ophthalmic healthcare. To make premarket review of OCT devices more efficient, we are announcing a new voluntary OCT Premarket Notification (510(k)) Pilot Program, designed to develop and refine individual premarket testing recommendations for OCT devices through the pre-submission process to yield more consistent premarket submissions and improve predictability of the 510(k) review process. We are planning to achieve these goals through increased interactive engagement with manufacturers of OCT devices. FDA intends to use the voluntary OCT 510(k) Pilot Program to assess whether the individual testing recommendations provided through the pre-submission process and increased interactive engagement improve the premarket review process and reduce the overall total time to decision (TTD), a shared FDA- industry commitment goal, in support of the Medical Device User Fee Amendments of 2017.

The Food and Drug Administration (FDA or the Agency) has determined the regulatory review period for NUPLAZID and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of applications to the Director of the U.S. Patent and Trademark Office (USPTO), Department of Commerce, for the extension of a patent which claims that human drug product.

The Office of the United States Trade Representative (USTR) is providing notice that the Republic of Korea (Korea) has requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement) concerning the safeguard measure in effect on imports of large residential washers. You can find that request at www.wto.org in a document designated as WT/DS546/4. USTR invites written comments from the public concerning the issues raised in this dispute.

On June 13, 2017, the Department of Commerce (Commerce) published the final results of the administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico. Maquilacero, S.A. de C.V. (Maquilacero) filed a request for panel review under the North American Free Trade Agreement (NAFTA) challenging Commerce's Final Results. Maquilacero and Commerce have reached an agreement for settlement of the dispute, which is implemented by these amended final results.

The Department of Commerce (Commerce) is partially rescinding its administrative review of the antidumping duty (AD) order on carbon and alloy steel cut-to-length plate (CTL plate) from Germany for the period of review (POR) November 14, 2016, through April 30, 2018.

Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that a planning meeting of the New Jersey Advisory Committee to the Commission will convene by conference call, on Friday, November 16, 2018 at 12:00 p.m. (EST). The purpose of the meeting is to discuss the topics under review and to select the topic it will examine as its civil rights project.

The U.S. Department of Transportation (DOT) invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections.

The Bureau of Industry and Security (BIS) is seeking public comments on the effects and costs that would result if BIS were to amend its regulations to reflect new export authorization requirements regarding electronic waste, including new recordkeeping requirements, reporting requirements, and data elements in the Automated Export System, maintained by the U.S. Census Bureau, to track electronic waste that is exported. Comments from all interested persons are welcome and will help BIS determine the feasibility and cost of implementing a mechanism for tracking and controlling electronic waste exports.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 12, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of ASML Netherlands B.V. of the Netherlands; ASML US, L.P. of Chandler, Arizona; and ASML US, LLC of Chandler, Arizona. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain semiconductor lithography systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,295,283 (``the '283 patent''); U.S. Patent No. 7,403,264 (``the '264 patent''); and U.S. Patent No. 9,188,880 (``the '880 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

In the Federal Register notice that was originally published on October 11, 2018, (Volume 83, Number 197, Page 51565) the Point of Contact information was changed from Gregory Giles, 240-613-6478 to (202) 317-3332, Otis Simpson. All meeting details remain the unchanged.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe Railway Company (BNSF) Railroad Bridge (BNSF Bridge 37.0) across Steamboat Slough (Snohomish River), mile 1.0 near Marysville, WA. The deviation is necessary to accommodate scheduled replacement of bridge ties across the swing span replacement. The deviation allows the bridge to remain in the closed-to-navigation position during the maintenance to allow safe movement of work crews.