January 2019 – Federal Register Recent Federal Regulation Documents

Television Broadcast Services; Cookeville and Franklin, Tennessee
Document Number: 2019-00606
Type: Proposed Rule
Date: 2019-01-31
Agency: Federal Communications Commission, Agencies and Commissions
At the request of ION Media License Company, LLC. (ION), licensee of television station WNPX-TV, channel 36, Cookeville, Tennessee (WNPX), the Commission is proposing to amend the Post- Transition Table of DTV Allotments by changing WNPX's community of license from Cookeville to Franklin, Tennessee, pursuant to section 1.420(i) of the Commission's rules. ION asserts that the proposed reallotment is consistent with the Commission's second allotment priority by providing Franklin with its first local transmission service. ION also asserts that the proposed reallotment will not deprive Cookeville of its sole broadcast station because it will continue to be served by station WCTE(TV), licensed to Upper Cumberland Broadcast Council, on channel *22 at Cookeville.
Safety Zone; Tanapag Harbor, Saipan, CNMI
Document Number: 2019-00563
Type: Proposed Rule
Date: 2019-01-31
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is proposing to establish a safety zone for navigable waters within Tanapag Harbor, Saipan. This safety zone will encompass the designated swim course for the Escape from Managaha swim event in the waters of Tanapag Harbor, Saipan, Commonwealth of the Northern Mariana Islands. This action is necessary to protect all persons and vessels participating in this marine event from potential safety hazards associated with vessel traffic in the area. Race participants, chase boats, and organizers of the event will be exempt from the safety zone. Entry of persons or vessels into the safety zone is prohibited unless authorized by the Captain of the Port (COTP) Guam. We invite your comments on this proposed rulemaking.
Safety Zone: Cape Fear River, Wilmington, NC
Document Number: 2019-00562
Type: Proposed Rule
Date: 2019-01-31
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish two temporary safety zones on the navigable waters of the Cape Fear River in Brunswick County and New Hanover County, North Carolina. These temporary safety zones are intended to restrict vessel traffic on the Cape Fear River while a vessel transports and offloads one new Post-Panamax container crane to the North Carolina State Port in Wilmington, North Carolina. The first temporary safety zone will be enforced for one day during vessel transit from March 20 through April 15, 2019, and the second temporary safety zone for offload will be enforced for one day within five days after transit. This action is intended to restrict vessel traffic on the Cape Fear River to protect mariners and vessels from the hazards associated with transporting and offloading the assembled container crane. This proposed rulemaking would prohibit vessels or persons from being in the safety zones unless specifically authorized by the Captain of the Port (COTP) North Carolina or a designated representative. We invite your comments on this proposed rulemaking.
Administrative Simplification: Modification of the Requirements for the Use of Health Insurance Portability and Accountability Act of 1996 (HIPAA) National Council for Prescription Drug Programs (NCPDP) D.0 Standard
Document Number: 2019-00554
Type: Proposed Rule
Date: 2019-01-31
Agency: Department of Health and Human Services, Office of the Secretary
This proposed rule would adopt a modification to the requirements for the use of the Telecommunication Standard Implementation Guide, Version D, Release 0 (Version D.0), August 2007, National Council for Prescription Drug Programs by requiring covered entities to use the Quantity Prescribed (460-ET) field for retail pharmacy transactions for Schedule II drugs. The modification would enable covered entities to clearly distinguish whether a prescription is a ``partial fill,'' where less than the full amount prescribed is dispensed, or a refill, in the HIPAA retail pharmacy transactions. We believe this modification is important to ensure information is available to help prevent impermissible refills of Schedule II drugs, which would help to address the public health concerns associated with prescription drug abuse in the United States.
Irish Potatoes Grown in Colorado; Handling Regulation for Area No. 2
Document Number: 2019-00553
Type: Proposed Rule
Date: 2019-01-31
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule invites comments on a recommendation to revise the size requirements currently prescribed under the federal marketing order for Irish potatoes grown in Colorado. This action would revise the minimum size requirement for U.S. No. 2 or better grade round potatoes to align with the current size requirements for all other types of U.S. No. 2 or better grade potatoes. In addition, this rule would revise the size requirements for smaller size profile U.S. Commercial grade or better potatoes.
Civil Penalty Inflation Adjustments
Document Number: 2019-00488
Type: Rule
Date: 2019-01-31
Agency: Bureau of Consumer Financial Protection
The Bureau of Consumer Financial Protection (Bureau) is amending its rule that specifies the time period for which adjusted civil penalty amounts would be applied to conduct within its jurisdiction and is also adjusting specific civil penalty amounts in that rule to account for inflation. On June 14, 2016, the Bureau issued an interim final rule (IFR) to implement the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). On October 12, 2018, the Bureau sought notice and comment on a proposed amendment to the IFR to specify that the adjusted civil penalties only apply to assessments whose associated violations occurred on, or after, November 2, 2015 (the date the 2015 Inflation Adjustment Act amendments were signed into law). This rule finalizes the IFR and proposed amendment; it also adjusts for inflation the maximum amount of each civil penalty within the Bureau's jurisdiction.
Ground Water Protection at Uranium In Situ Recovery Facilities
Document Number: 2019-00435
Type: Proposed Rule
Date: 2019-01-31
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is requesting views from interested stakeholders on whether the NRC should resume rulemaking to amend its regulations governing the domestic licensing of source material by codifying general requirements to address ground water protection at uranium in situ recovery (ISR) facilities. The NRC currently regulates ISR operations through application of regulations that primarily focus on conventional uranium mills and site-specific license conditions. The NRC initiated rulemaking in 2006 to develop requirements to provide regulatory consistency and improve the efficiency of the ISR licensing process but placed this rulemaking on hold in 2010. Information provided to the NRC during the public comment period will be factored into the decision as to whether the NRC will continue this rulemaking.
Compensation of Certain Former Operatives Incarcerated by the Democratic Republic of Vietnam
Document Number: 2019-00428
Type: Rule
Date: 2019-01-31
Agency: Department of Defense, Office of the Secretary
This final rule removes the Department of Defense (DoD) regulation concerning compensation of certain former operatives incarcerated by the Democratic Republic of Vietnam. The content of this part is obsolete as the claim period expired and the Vietnam Commandos Compensation Commission was disbanded. Therefore, this part is unnecessary, and can be removed.
Subsistence Management Regulations for Public Lands in Alaska-2020-21 and 2021-22 Subsistence Taking of Wildlife Regulations
Document Number: 2019-00424
Type: Proposed Rule
Date: 2019-01-31
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
This proposed rule would establish regulations for hunting and trapping seasons, harvest limits, and methods and means related to taking of wildlife for subsistence uses during the 2020-21 and 2021-22 regulatory years. The Federal Subsistence Board is on a schedule of completing the process of revising subsistence taking of wildlife regulations in even-numbered years and subsistence taking of fish and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable cycle. When final, the resulting rulemaking will replace the existing subsistence wildlife taking regulations. This rule would also amend the general regulations on subsistence taking of fish and wildlife.
Safety Zone; Neches River, Beaumont, TX
Document Number: 2019-00423
Type: Rule
Date: 2019-01-31
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is extending the duration of a temporary safety zone on the navigable waters of the Neches River extending 500- feet on either side of the Kansas City Southern Railroad Bridge that crosses the Neches River in Beaumont, TX. The safety zone is necessary to protect the bridge as well as persons and property on or near the bridge from potential damage from passing vessels until missing and/or damaged fendering systems are repaired or replaced. Entry of certain vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Marine Safety Unit Port Arthur or a designated representative.
Special Rules With Respect to Additional Station and Signal Lights
Document Number: 2019-00415
Type: Rule
Date: 2019-01-31
Agency: Department of Defense, Department of the Navy
This final rule removes Department of the Navy regulations concerning Special Rules with Respect to Additional Station and Signal Lights. Public notification of U.S. Navy vessels which display additional station and signal lights is governed by statute and executive order which direct that such notice be published in the Federal Register. The content of this part imposes no burden on the public, and the rule is not required. Notice will continue to be provided the public through the publication of notice documents in the Federal Register. Therefore, this rule can be removed from the CFR.
Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
Document Number: 2019-00412
Type: Rule
Date: 2019-01-31
Agency: Department of Defense, Department of the Navy
This final rule removes Department of the Navy regulations governing Certification and Exemptions under the International Regulations for Preventing Collisions at Sea, 1972. The certification and exemption of certain naval vessels which cannot comply fully with the International Regulations for Preventing Collisions at Sea, 1972, is governed by statute and executive order which direct that notice of certification of alternate compliance be published in the Federal Register. The content of this part imposes no burden on the public, and the rule is not required. Notice will continue to be provided the public through the publication of notice documents in the Federal Register. Therefore, this rule can be removed from the CFR.
Decertification of Representatives
Document Number: 2019-00406
Type: Proposed Rule
Date: 2019-01-31
Agency: National Mediation Board, Agencies and Commissions
The National Mediation Board (NMB or Board) is proposing to amend its regulations to provide a straightforward procedure for the decertification of representatives. The Board believes this change is necessary to fulfill the statutory mission of the Railway Labor Act, protecting employees' right to select their representative. This change will ensure that each employee has a say in their representative and eliminate unnecessary hurdles for employees who no longer wish to be represented.
Competitive Postal Products
Document Number: 2019-00399
Type: Rule
Date: 2019-01-31
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is adopting a final rule concerning the minimum amount that the Postal Service's competitive products as a whole are required to contribute to institutional costs annually. The rule as adopted uses a formula-based approach to annually calculate competitive products' appropriate share of institutional costs. For additional information, Order No. 4963 can be accessed electronically through the Commission's website at https://www.prc.gov.
Federal Civil Penalties Inflation Adjustment Act Amendments
Document Number: 2019-00369
Type: Rule
Date: 2019-01-31
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) is providing public notice of inflationary adjustments to the maximum civil monetary penalties assessed or enforced by VA, as implemented by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, for calendar year 2019. VA may impose civil monetary penalties for false loan guaranty certifications. Also, VA may impose civil monetary penalties for fraudulent claims or written statements made in connection with VA programs generally. The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, sets forth a formula that increases the maximum statutory amounts for civil monetary penalties and directs VA to give public notice of the new maximum amounts by regulation. Accordingly, VA is providing notice of the calendar year 2019 inflationary adjustments that increase maximum civil monetary penalties from $22,363 to $22,927 for false loan guaranty certifications and from $11,181 to $11,463 for fraudulent claims or written statements made in connection with VA programs generally.
Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens
Document Number: 2019-00302
Type: Rule
Date: 2019-01-31
Agency: Department of Homeland Security
This final rule amends Department of Homeland Security (``DHS'' or ``the Department'') regulations governing petitions filed on behalf of H-1B beneficiaries who may be counted toward the 65,000 visa cap established under the Immigration and Nationality Act (``H-1B regular cap'') or beneficiaries with advanced degrees from U.S. institutions of higher education who are eligible for an exemption from the regular cap (``advanced degree exemption''). The amendments require petitioners seeking to file H-1B petitions subject to the regular cap, including those eligible for the advanced degree exemption, to first electronically register with U.S. Citizenship and Immigration Services (``USCIS'') during a designated registration period, unless the registration requirement is temporarily suspended. USCIS is suspending the registration requirement for the fiscal year 2020 cap season to complete all requisite user testing of the new H-1B registration system and otherwise ensure the system and process are operable. This final rule also changes the process by which USCIS counts H-1B registrations (or petitions, for FY 2020 or any other year in which the registration requirement will be suspended), by first selecting registrations submitted on behalf of all beneficiaries, including those eligible for the advanced degree exemption. USCIS will then select from the remaining registrations a sufficient number projected as needed to reach the advanced degree exemption. Changing the order in which USCIS counts these separate allocations will likely increase the number of beneficiaries with a master's or higher degree from a U.S. institution of higher education to be selected for further processing under the H- 1B allocations. USCIS will proceed with implementing this change to the cap allocation selection process for the FY 2020 cap season (beginning on April 1, 2019), notwithstanding the delayed implementation of the H- 1B registration requirement.
Urgent Care
Document Number: 2019-00277
Type: Proposed Rule
Date: 2019-01-31
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) is proposing to amend its regulations that govern VA health care. This rule would grant eligible veterans access to urgent care from qualifying non-VA entities or providers without prior approval from VA. This rulemaking would implement the mandates of the VA MISSION Act of 2018 and increase veterans' access to health care in the community.
Revision of Fee Schedules; Fee Recovery for Fiscal Year 2019
Document Number: 2019-00219
Type: Proposed Rule
Date: 2019-01-31
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend the licensing, inspection, special project, and annual fees charged to its applicants and licensees. These proposed amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990, as amended (OBRA-90), which requires the NRC to recover approximately 90 percent of its annual budget through fees less certain amounts excluded from this fee-recovery requirement. President Trump signed the Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019 on September 21, 2018. That Act appropriated approximately $911.0 million to the NRC, which is a decrease of approximately $11.0 million from FY 2018. Based on that total budget authority, the NRC is proposing to collect $781.9 million in fees in FY 2019.
Safety Zones, Delaware River; Maintenance Dredging
Document Number: 2019-00075
Type: Rule
Date: 2019-01-31
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing temporary safety zones in portions of New Castle Range, Marcus Hook Range, Deepwater Point Range, and Anchorage 7 off Marcus Hook Range on the Delaware River. The safety zones will temporarily restrict vessel traffic from transiting or anchoring in a portion of the Delaware River while dredging operations are being conducted to facilitate the Delaware River annual maintenance project for the main navigational channel of the Delaware River. This regulation is necessary to provide for the safety of life on navigable waters of the Delaware River, in the vicinity of dredging activity and is intended to protect mariners from the hazards associated with pipe- laying and dredging operations.
Regulation D: Reserve Requirements of Depository Institutions
Document Number: 2018-28424
Type: Rule
Date: 2019-01-31
Agency: Federal Reserve System, Agencies and Commissions
The Board of Governors of the Federal Reserve System (``Board'') is amending Regulation D (Reserve Requirements of Depository Institutions) to revise the rate of interest paid on balances maintained to satisfy reserve balance requirements (``IORR'') and the rate of interest paid on excess balances (``IOER'') maintained at Federal Reserve Banks by or on behalf of eligible institutions. The final amendments specify that IORR is 2.40 percent and IOER is 2.40 percent, a 0.20 percentage point increase from their prior levels. The amendments are intended to enhance the role of such rates of interest in moving the Federal funds rate into the target range established by the Federal Open Market Committee (``FOMC'' or ``Committee'').
Regulation A: Extensions of Credit by Federal Reserve Banks
Document Number: 2018-28423
Type: Rule
Date: 2019-01-31
Agency: Federal Reserve System, Agencies and Commissions
The Board of Governors of the Federal Reserve System (``Board'') has adopted final amendments to its Regulation A to reflect the Board's approval of an increase in the rate for primary credit at each Federal Reserve Bank. The secondary credit rate at each Reserve Bank automatically increased by formula as a result of the Board's primary credit rate action.
Endangered and Threatened Wildlife and Plants; Threatened Species Status for the West Coast Distinct Population Segment of Fisher
Document Number: 2018-28408
Type: Proposed Rule
Date: 2019-01-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are reopening the comment period on our October 7, 2014, proposed rule to list the West Coast distinct population segment (DPS) of fisher (Pekania pennanti) as a threatened species. We are reopening the comment period for 30 days to give all interested parties further opportunity to comment on the proposed rule. Comments previously submitted need not be resubmitted as they are already incorporated into the public record and will be fully considered in the final rule.
Home Mortgage Disclosure (Regulation C) Adjustment to Asset-Size Exemption Threshold
Document Number: 2018-28373
Type: Rule
Date: 2019-01-31
Agency: Bureau of Consumer Financial Protection
The Bureau of Consumer Financial Protection (Bureau) is amending the official commentary that interprets the requirements of the Bureau's Regulation C (Home Mortgage Disclosure) to reflect the asset-size exemption threshold for banks, savings associations, and credit unions based on the annual percentage change in the average of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Based on the 2.6 percent increase in the average of the CPI-W for the 12-month period ending in November 2018, the exemption threshold is adjusted to increase to $46 million from $45 million. Therefore, banks, savings associations, and credit unions with assets of $46 million or less as of December 31, 2018, are exempt from collecting data in 2019.
Fair Credit Reporting Act Disclosures
Document Number: 2018-28372
Type: Rule
Date: 2019-01-31
Agency: Bureau of Consumer Financial Protection
The Bureau of Consumer Financial Protection (Bureau) is amending Regulation V, which implements the Fair Credit Reporting Act (FCRA), to add a section establishing a maximum allowable charge for disclosures by a consumer reporting agency to a consumer pursuant to FCRA section 609. The Bureau is also amending Regulation V to add an appendix setting forth the statutory requirements for determining the maximum allowable charge; announcing the maximum charge for 2019; and preserving a list of historical maximum allowable charges. Historically, the Bureau has published these FCRA annual adjustments as a notice. The Bureau is now codifying those notices and adding a provision to Regulation V to track the FCRA's provisions concerning the annual maximum allowable charge.
Medicare Program; Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2019; Medicare Shared Savings Program Requirements; Quality Payment Program; Medicaid Promoting Interoperability Program; Quality Payment Program-Extreme and Uncontrollable Circumstance Policy for the 2019 MIPS Payment Year; Provisions From the Medicare Shared Savings Program-Accountable Care Organizations Pathways to Success; and Expanding the Use of Telehealth Services for the Treatment of Opioid Use Disorder Under the Substance Use-Disorder Prevention That Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act; Correction
Document Number: 2018-28354
Type: Rule
Date: 2019-01-31
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This document corrects technical errors that appeared in the final rule published in the Federal Register on November 23, 2018 entitled ``Medicare Program; Revisions to Payment Policies under the Physician Fee Schedule and Other Revisions to Part B for CY 2019; Medicare Shared Savings Program Requirements; Quality Payment Program; Medicaid Promoting Interoperability Program; Quality Payment Program Extreme and Uncontrollable Circumstance Policy for the 2019 MIPS Payment Year; provisions from the Medicare Shared Savings Program Accountable Care Organizations Pathways to Success; and Expanding the Use of Telehealth Services for the Treatment of Opioid Use Disorder under the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act.''
Thresholds Increase for the Major Assets Prohibition of the Depository Institution Management Interlocks Act Rules
Document Number: 2018-28038
Type: Proposed Rule
Date: 2019-01-31
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions, Federal Reserve System, Office of the Comptroller of the Currency, Department of Treasury, Department of the Treasury
The OCC, the Board, and the FDIC (collectively, the agencies) are inviting comment on a proposed rule that would increase the major assets prohibition thresholds for management interlocks in the agencies' rules implementing the Depository Institution Management Interlocks Act (DIMIA). The DIMIA major assets prohibition prohibits a management official of a depository organization with total assets exceeding $2.5 billion (or any affiliate of such an organization) from serving at the same time as a management official of an unaffiliated depository organization with total assets exceeding $1.5 billion (or any affiliate of such an organization). DIMIA provides that the agencies may adjust, by regulation, the major assets prohibition thresholds in order to allow for inflation or market changes. The agencies propose to raise the major assets prohibition thresholds to $10 billion to account for changes in the United States banking market since the current thresholds were established in 1996. The agencies also propose three alternative approaches for increasing the thresholds based on market changes or inflation. Increasing the major assets prohibition thresholds would relieve certain depository organizations below the adjusted thresholds from having to ask the agencies for an exemption from the major assets prohibition. The agencies do not expect the proposal to materially increase anticompetitive risk.
Conditional Small Issues Exemption Under the Securities Act of 1933 (Regulation A)
Document Number: 2018-27980
Type: Rule
Date: 2019-01-31
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission is adopting amendments to Regulation A under the Securities Act of 1933 (the ``Securities Act''). Regulation A provides an exemption from registration under the Securities Act for offerings of securities up to $50 million. As mandated by the Economic Growth, Regulatory Relief, and Consumer Protection Act (the ``Economic Growth Act''), the amendments revise Regulation A to permit entities subject to the reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934 (the ``Exchange Act'') to use the exemption and provide that entities meeting the reporting requirements of the Exchange Act will be deemed to have met the reporting requirements of Regulation A. The amendments also make conforming changes to Form 1-A.
Further Streamlining FCC Rules Governing Satellite Services
Document Number: 2018-27972
Type: Proposed Rule
Date: 2019-01-31
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (FCC) proposes to create a new, optional, unified license to include both space stations and earth stations operating in a geostationary- satellite orbit, fixed-satellite service satellite network; and to repeal or modify unnecessarily burdensome rules governing satellite services, such as annual reporting requirements.
Arbitration Services
Document Number: 2018-27759
Type: Proposed Rule
Date: 2019-01-31
Agency: Federal Mediation and Conciliation Service, Agencies and Commissions
The Federal Mediation and Conciliation Service (FMCS) is proposing to revise the current arbitration regulation to clarify existing provisions; eliminate redundancies and provisions that are never used in practice; consolidate sections; update contact information; reduce award submission requirements and reference an apprenticeship alternative for joining the Roster after completion of specified training; implement a modest increase in user fees that have remained unchanged for more than 8 years, and remove section 1404.20.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of Alaska
Document Number: 2019-00300
Type: Rule
Date: 2019-01-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2019 Pacific cod total allowable catch apportioned to vessels using pot gear in the Western Regulatory Area of the GOA.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Central Regulatory Area of the Gulf of Alaska
Document Number: 2019-00299
Type: Rule
Date: 2019-01-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2019 Pacific cod total allowable catch apportioned to vessels using pot gear in the Central Regulatory Area of the GOA.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2019-00297
Type: Rule
Date: 2019-01-29
Agency: Federal Aviation Administration, Department of Transportation
The FAA is correcting an airworthiness directive (AD) that published in the Federal Register. That AD applies to The Boeing Company Model 787-8 airplanes powered by Rolls-Royce plc (RR) Trent 1000-A (including -A/01 and -A/01A), Trent 1000-AE (including -AE/01A), Trent 1000-C (including -C/01 and -C/01A), Trent 1000-CE (including - CE/01A), Trent 1000-D (including -D/01 and -D/01A), Trent 1000-E (including -E/01 and -E/01A), Trent 1000-G (including -G/01 and -G/ 01A), and Trent 1000-H (including -H/01 and H/01A) turbofan engines. As published, a document referenced in the regulatory text was incorrectly identified. This document corrects that error. In all other respects, the original document remains the same.
Energy Conservation Program: Energy Conservation Standards for Residential Furnaces and Commercial Water Heaters
Document Number: 2019-00257
Type: Proposed Rule
Date: 2019-01-29
Agency: Department of Energy
On November 1, 2018, the U.S. Department of Energy (``DOE'') published in the Federal Register a notice of petition for rulemaking and request for comment regarding whether DOE should issue an interpretive rule stating that DOE's proposed energy conservation standards for residential furnaces and commercial water heaters would result in the unavailability of ``performance characteristics'' within the meaning of the Energy Policy and Conservation Act of 1975, as amended, and withdraw its proposals for amended standards for those products/equipment based upon such findings. The comment period in that notice was set to close on January 30, 2019. In the intervening period, DOE received two requests from interested parties seeking an extension of the comment period in order to develop additional data relevant to the petition. This notice announces an extension of the public comment period for submitting comments in response to that notice of petition for rulemaking. The comment period is hereby extended by 30 days to March 1, 2019.
Schedules of Controlled Substances: Placement of MAB-CHMINACA in Schedule I
Document Number: 2019-00254
Type: Rule
Date: 2019-01-29
Agency: Drug Enforcement Administration, Department of Justice
The Drug Enforcement Administration places N-(1-amino-3,3- dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3- carboxamide (MAB-CHMINACA; ADB-CHMINACA), including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, in schedule I of the Controlled Substances Act. This action continues the imposition of the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess), or propose to handle MAB-CHMINACA.
Energy Conservation Program: Energy Conservation Standards for Certain External Power Supplies
Document Number: 2019-00228
Type: Rule
Date: 2019-01-29
Agency: Department of Energy
The Department of Energy (DOE) is publishing this final rule to amend its current regulations regarding certain aspects related to its energy conservation standards and scope of coverage for external power supplies. The contents of these technical amendments correspond with provisions enacted by Congress through the Power and Security Systems Act and EPS Improvement Act. DOE is also correcting a misprint related to a table detailing certain statutorily-prescribed requirements.
Freedom of Information Act Regulations
Document Number: 2019-00264
Type: Proposed Rule
Date: 2019-01-28
Agency: Department of the Interior, Office of the Secretary
The Department of Interior (Department) extends the comment period for its December 28, 2018, notice of proposed rulemaking (NPRM) concerning the regulations the Department follows in processing records under the Freedom of Information Act. Due to a technical glitch on www.regulations.gov in mid-January, the Department believes it is appropriate to extend the comment period an additional day to ensure interested parties have the full 30 days to submit their responses to the NPRM. Therefore, the Department extends the deadline for the submission of comments from January 28, 2019, to January 29, 2019.
Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance
Document Number: 2019-00256
Type: Proposed Rule
Date: 2019-01-28
Agency: Department of Education
On November 29, 2018, the Department published in the Federal Register a notice of proposed rulemaking (NPRM) to amend the Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance regulations. That NPRM established a 60-day comment period from November 29, 2018, through January 28, 2019. The Department is extending the public comment period for two days, until January 30, 2019.
Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Trip Limit Reduction for Spanish Mackerel in the Atlantic Southern Zone
Document Number: 2019-00225
Type: Rule
Date: 2019-01-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS reduces the commercial trip limit of Atlantic migratory group Spanish mackerel in or from the exclusive economic zone (EEZ) in the southern zone to 500 lb (227 kg) per day. This trip limit reduction is necessary to maximize the socioeconomic benefits of the commercial quota for the southern zone.
Confidentiality of Certain Medical Records Under the MISSION Act
Document Number: 2018-28285
Type: Rule
Date: 2019-01-28
Agency: Department of Veterans Affairs
This Department of Veterans Affairs (VA) document provides an update to VA's requirements for obtaining a signed release of information for third party billing practices from VA beneficiaries with a sensitive diagnosis under the United States Code to align with the amendments made by the VA MISSION Act of 2018.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Non-American Fisheries Act Crab Vessels Operating as Catcher Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of Alaska
Document Number: 2019-00153
Type: Rule
Date: 2019-01-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by non- American Fisheries Act (AFA) crab vessels that are subject to sideboard limits, and operating as catcher vessels (CVs) using pot gear, in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2019 Pacific cod sideboard limit established for non-AFA crab vessels that are operating as CVs using pot gear in the Western Regulatory Area of the GOA.
Tracking of Workplace Injuries and Illnesses
Document Number: 2019-00101
Type: Rule
Date: 2019-01-25
Agency: Department of Labor, Occupational Safety and Health Administration
To protect worker privacy, the Occupational Safety and Health Administration (OSHA) is amending the recordkeeping regulation by rescinding the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301. These establishments will continue to be required to maintain those records on-site, and OSHA will continue to obtain them as needed through inspections and enforcement actions. In addition to reporting required after severe injuries, establishments will continue to submit information from their Form 300A. Such submissions provide OSHA with ample data that it will continue seeking to fully utilize. In addition, OSHA is amending the recordkeeping regulation to require covered employers to submit their Employer Identification Number (EIN) electronically along with their injury and illness data submission, which will facilitate use of the data and may help reduce duplicative employer reporting. Nothing in the final rule revokes an employer's duty to maintain OSHA Forms 300 and 301 for OSHA inspection. These actions together will allow OSHA to improve enforcement targeting and compliance assistance, decrease burden on employers, and protect worker privacy and safety.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Air Force Launches and Operations at Vandenberg Air Force Base, California
Document Number: 2019-00090
Type: Proposed Rule
Date: 2019-01-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received a request from the U.S. Air Force (USAF) for authorization to take marine mammals incidental to launching space launch vehicles, intercontinental ballistic and small missiles, and aircraft and helicopter operations at Vandenberg Air Force Base (VAFB) from March 2019 to March 2024. As required by the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take, and requests comments on the proposed regulations. NMFS will consider public comments prior to making any final decision on the issuance of the requested incidental take regulations and agency responses will be summarized in the final notice of our decision.
Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2020
Document Number: 2019-00077
Type: Proposed Rule
Date: 2019-01-24
Agency: Department of Health and Human Services
This proposed rule sets forth payment parameters and provisions related to the risk adjustment and risk adjustment data validation programs; cost-sharing parameters; and user fees for Federally-facilitated Exchanges (FFEs) and State-based Exchanges on the Federal Platform (SBE-FPs). It proposes changes that would allow greater flexibility related to the duties and training requirements for the Navigator program and proposes changes that would provide greater flexibility for direct enrollment entities, while strengthening program integrity oversight over those entities. It proposes policies that are intended to reduce the costs of prescription drugs. It includes proposed changes to Exchange standards related to eligibility and enrollment; exemptions; and other related topics.
Airworthiness Directives; Aspen Avionics, Inc., Evolution Flight Display Units
Document Number: 2019-00104
Type: Rule
Date: 2019-01-23
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Aspen Avionics, Inc. (Aspen), Evolution Flight Display (EFD) EFD1000 Primary Flight Display (PFD), EFD1000 Multi-Function Display (MFD), EFD1000 Emergency Backup Display (EBD), and EFD500 MFD units installed on various aircraft. This AD requires disabling the Automatic Dependent Surveillance-Broadcast (ADS-B) In function and revising the Airplane Flight Manual Supplement (AFMS). This AD was prompted by reports of flight displays repetitively resetting. We are issuing this AD to address the unsafe condition on these products.
Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2019
Document Number: 2019-00089
Type: Rule
Date: 2019-01-23
Agency: Employee Benefits Security Administration, Department of Labor, Employment and Training Administration, Wage and Hour Division, Employment Standards Administration, Mine Safety and Health Administration, Occupational Safety and Health Administration, Office of the Secretary, Office of Workers' Compensation Programs
The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced by the Department, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The Inflation Adjustment Act requires the Department to annually adjust its civil money penalty levels for inflation no later than January 15 of each year. The Inflation Adjustment Act provides that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act (APA). Additionally, the Inflation Adjustment Act provides a cost- of-living formula for adjustment of the civil penalties. Accordingly, this final rule sets forth the Department's 2019 annual adjustments for inflation to its civil monetary penalties.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2019-00078
Type: Rule
Date: 2019-01-18
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for The Boeing Company Model 787-8 airplanes powered by Rolls-Royce plc (RR) Trent 1000-A (including -A/01 and -A/01A), Trent 1000-AE (including - AE/01A), Trent 1000-C (including -C/01 and -C/01A), Trent 1000-CE (including -CE/01A), Trent 1000-D (including -D/01 and -D/01A), Trent 1000-E (including -E/01 and -E/01A), Trent 1000-G (including -G/01 and -G/01A), and Trent 1000-H (including -H/01 and H/01A) turbofan engines. This AD requires revising the airplane flight manual (AFM) to limit extended operations (ETOPS). This AD was prompted by a report from the engine manufacturer indicating that after an engine failure, prolonged operation at high thrust settings on the remaining engine during an ETOPS diversion may result in failure of the remaining engine before the diversion can be safely completed. We are issuing this AD to address the unsafe condition on these products.
VA Claims and Appeals Modernization
Document Number: 2018-28350
Type: Rule
Date: 2019-01-18
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) amends its claims adjudication, appeals, and Rules of Practice of the Board of Veterans' Appeals (Board) regulations. In addition, this rule revises VA's regulations with respect to accreditation of attorneys, agents, and Veterans Service Organization (VSO) representatives; the standards of conduct for persons practicing before VA; and the rules governing fees for representation. This rulemaking implements the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), which amended the procedures applicable to administrative review and appeal of VA decisions on claims for benefits, creating a new, modernized review system. Unless otherwise specified in this final rule, VA amends its regulations applicable to all claims processed under the new review system, which generally applies where an initial VA decision on a claim is provided on or after the effective date or where a claimant has elected to opt into the new review system under established procedures. For the reasons set forth in the proposed rule and in this final rule, VA is adopting the proposed rule as final, with minor changes, as explained below.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Pot Catcher/Processors in the Bering Sea and Aleutian Islands Management Area
Document Number: 2019-00073
Type: Rule
Date: 2019-01-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by catcher/processors using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2019 Pacific cod total allowable catch allocated to catcher/processors using pot gear in the BSAI.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Greater Than or Equal to 60 Feet Length Overall Using Pot Gear in the Bering Sea and Aleutian Islands Management Area
Document Number: 2019-00072
Type: Rule
Date: 2019-01-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2019 Pacific cod total allowable catch allocated to catcher vessels greater than or equal to 60 feet (18.3m) LOA using pot gear in the BSAI.
Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits
Document Number: 2019-00071
Type: Rule
Date: 2019-01-17
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
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 February 2019. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.
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