February 1, 2019 – Federal Register Recent Federal Regulation Documents

Air Plan Approval; Georgia: Permit Exemption for Fire Fighting Equipment
Document Number: 2019-00792
Type: Proposed Rule
Date: 2019-02-01
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or Agency) is proposing to approve two revisions to the Georgia State Implementation Plan (SIP), submitted by the State of Georgia, through the Georgia Environmental Protection Division (Georgia EPD), with two letters dated November 13, 2017, and July 31, 2018. Specifically, EPA is proposing to approve changes that revise existing exemptions for firefighting equipment. EPA is proposing to approve this SIP revision because the Agency believes that it is consistent with the Clean Air Act (CAA or Act).
Water Carrier Tariff Filing Procedures
Document Number: 2019-00788
Type: Proposed Rule
Date: 2019-02-01
Agency: Surface Transportation Board, Department of Transportation
The Board provides notice that comments to this notice of proposed rulemaking due to the Board during the partial Federal government shutdown period will now be due by February 4, 2019.
Approval of State Plans for Designated Facilities and Pollutants; Missouri; Diammonium Phosphate Fertilizer Units
Document Number: 2019-00782
Type: Proposed Rule
Date: 2019-02-01
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to rescind the current state plan and associated regulation and accept the negative declaration submitted by the State of Missouri for Diammonium Phosphate Fertilizer units. This negative declaration submitted by the Missouri Department of Natural Resources (MoDNR) certifies that Diammonium Phosphate Fertilizer (DPF) units subject to section 111(d) of the Clean Air Act (CAA) do not operate within the jurisdiction of the State of Missouri. The EPA is accepting the negative declaration in accordance with the requirements of the CAA.
Air Plan Approval; Kentucky: Jefferson County Prevention of Significant Deterioration
Document Number: 2019-00781
Type: Proposed Rule
Date: 2019-02-01
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve two revisions to the Jefferson County portion of the Kentucky State Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, through the Energy and Environment Cabinet (Cabinet), with letters dated August 25, 2017, and March 15, 2018. The proposed SIP revisions were submitted by the Cabinet on behalf of the Louisville Metro Air Pollution Control District (District) and make amendments to Jefferson County's regulation regarding the prevention of significant deterioration (PSD) permitting program. This action is being proposed pursuant to the Clean Air Act (CAA or Act).
IFR Altitudes; Miscellaneous Amendments
Document Number: 2019-00759
Type: Rule
Date: 2019-02-01
Agency: Federal Aviation Administration, Department of Transportation
This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.
Investing in Qualified Opportunity Funds; Hearing
Document Number: 2019-00704
Type: Proposed Rule
Date: 2019-02-01
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document announces a public hearing on proposed regulations concerning investing in qualified opportunity funds (QOF).
Suspension of Community Eligibility
Document Number: 2019-00699
Type: Rule
Date: 2019-02-01
Agency: Federal Emergency Management Agency, Department of Homeland Security
This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/national-flood-insurance-program-community-statu s-book.
Adjustment of Civil Monetary Penalties for Inflation
Document Number: 2019-00670
Type: Rule
Date: 2019-02-01
Agency: Department of Education
The Department of Education (Department) issues these final regulations to adjust the Department's civil monetary penalties (CMPs) for inflation. This adjustment is required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), which amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Inflation Adjustment Act). These final regulations provide the 2019 annual inflation adjustments being made to the penalty amounts in the Department's final regulations published in the Federal Register on January 16, 2018 (2018 final rule).
Air Plan Approval; Rhode Island; Infrastructure State Implementation Plan Requirements for the 2012 PM2.5
Document Number: 2019-00658
Type: Proposed Rule
Date: 2019-02-01
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve most elements of a State Implementation Plan (SIP) submission from Rhode Island that addresses the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2012 fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS). We are also proposing to conditionally approve certain elements of this submittal that relate to requirements for the state's Prevention of Significant Deterioration (PSD) program. In addition, EPA is proposing to disapprove the submission with respect to future SIP revisions. However, a federal implementation plan has been in place for this requirement since 1973. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities with respect to this NAAQS under the CAA.
Air Plan Approval; Massachusetts; Regional Haze Five-Year Progress Report State Implementation Plan
Document Number: 2019-00657
Type: Proposed Rule
Date: 2019-02-01
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve the Massachusetts regional haze progress report submitted as a State Implementation Plan (SIP) revision on February 9, 2018. This revision addresses the requirements of the Clean Air Act and its implementing regulations that states submit periodic reports describing progress toward reasonable progress goals established for regional haze and a determination of adequacy of the state's existing regional haze SIP. Massachusetts' progress report notes that Massachusetts has implemented the measures in the regional haze SIP due to be in place by the date of the progress report and that visibility in the federal Class I areas affected by emissions from Massachusetts is improving and has already met the applicable reasonable progress goals for 2018. The EPA is proposing approval of Massachusetts' determination that the Commonwealth's regional haze SIP is adequate to meet these reasonable progress goals for the first implementation period, which extends through 2018, and requires no substantive revision at this time.
Air Plan Approval; Connecticut; Motor Vehicle Inspection and Maintenance Program Certification
Document Number: 2019-00656
Type: Proposed Rule
Date: 2019-02-01
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve the motor vehicle emissions inspection and maintenance (I/M) program certifications contained in State Implementation Plan (SIP) revisions submitted by the State of Connecticut relating to the 2008 8- hour ozone National Ambient Air Quality Standards (NAAQS). The SIP revisions pertain to the Greater Connecticut and the Connecticut portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT moderate ozone nonattainment areas. The intended effect of this action is to propose approval of Connecticut's motor vehicle emissions I/M program certifications. This action is being taken under the Clean Air Act (CAA).
Air Plan Approval; Oklahoma; Interstate Transport Requirements for the 1997 Ozone National Ambient Air Quality Standards
Document Number: 2019-00655
Type: Rule
Date: 2019-02-01
Agency: Environmental Protection Agency
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving a portion of an Oklahoma State Implementation Plan (SIP) submittal that pertains to the good neighbor provision requirements of the CAA with respect to interstate transport of air pollution which will interfere with maintenance of the 1997 ozone National Ambient Air Quality Standards (NAAQS). The good neighbor provision requires, in part, that each state, in its SIP, prohibit emissions that will interfere with maintenance of a new or revised NAAQS in another state. In this action, EPA is approving the Oklahoma SIP submittal as having met the interfere with maintenance requirement of the good neighbor provision for the 1997 ozone NAAQS in accordance with section 110 of the CAA.
Guidance Related to Section 951A (Global Intangible Low-Taxed Income); Hearing
Document Number: 2019-00619
Type: Proposed Rule
Date: 2019-02-01
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document provides a notice of public hearing on proposed regulations relating to section 951A of the Internal Revenue Code, and added to the Internal Revenue Code by the Tax Cuts and Jobs Act, which was enacted on December 22, 2017.
Removal of U.S. Grade Standards
Document Number: 2019-00551
Type: Rule
Date: 2019-02-01
Agency: Agricultural Marketing Service, Department of Agriculture
This rule will remove seven voluntary U.S. grade standards and one consumer standard for fresh fruits and vegetables from the Code of Federal Regulations (CFR). This regulatory action is being taken as part of USDA's work to eliminate regulations that are outdated, unnecessary, ineffective, or impose costs that exceed benefits. None of the eight voluntary standards slated for removal from the CFR are related to a current, active marketing order, import regulation, or export act. The cost of printing these eight standards in the CFR annually exceeds the benefits of further inclusion in the CFR. These voluntary standards and all subsequent revisions or new standards for these products will be available in a separate publication. The standards for the affected commodities will continue to be administered by the AMS Specialty Crops Inspection (SCI) Division and catalogued using the existing numbering system for voluntary standards. Any proposed, new, or revised voluntary standards will appear in the Federal Register with the opportunity for public comment.
Safety Zone; Containment Installation, South of New Orleans, LA, Gulf of Mexico
Document Number: 2019-00511
Type: Rule
Date: 2019-02-01
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary moving safety zone around the vessels OCEAN PATRIOT and ROSS CANDIES operating in the Mississippi Canyon Block 20 in the Gulf of Mexico. The safety zone encompasses all navigable waters within a 500-yard radius of the vessels. The safety zone is needed to protect persons, vessels, and the marine environment from hazards associated with the vessels' limited maneuverability during installation of a containment system. Persons and vessels are prohibited from entering or remaining in this zone unless specifically authorized by the Captain of the Port Sector New Orleans or a designated representative.
Retroactive Stop Loss Special Pay Compensation
Document Number: 2019-00486
Type: Rule
Date: 2019-02-01
Agency: Department of Defense, Office of the Secretary
This final rule removes DoD's regulation which contains obsolete DoD policy regarding Retroactive Stop Loss Special Pay Compensation, a program which was terminated on October 21, 2012. In accordance with law, this rule was issued to provide for Retroactive Stop Loss Special Pay. The last day for submission of claims to the Secretaries of the Military Departments was October 21, 2012. Following that date, the Secretaries concerned are not authorized to make payments.
Refinements to Horizontal Market Power Analysis for Sellers in Certain Regional Transmission Organization and Independent System Operator Markets
Document Number: 2019-00459
Type: Proposed Rule
Date: 2019-02-01
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission (Commission) is proposing to revise its regulations regarding the horizontal market power analysis required for market-based rate sellers that study certain Regional Transmission Organization (RTO) or Independent System Operator (ISO) markets and submarkets therein. This proposed modification of the Commission's horizontal market power analysis would relieve such sellers of the obligation to submit indicative screens when seeking to obtain or retain market-based rate authority. The Commission's regulations would continue to require market-based rate sellers that study an RTO, ISO, or submarket therein, to submit indicative screens for authorization to make capacity sales at market- based rates in any RTO/ISO market that lacks an RTO/ISO-administered capacity market subject to Commission-approved RTO/ISO monitoring and mitigation. For those RTOs and ISOs lacking an RTO/ISO-administered capacity market, we propose that Commission-approved RTO/ISO monitoring and mitigation no longer be presumed sufficient to address any horizontal market power concerns for capacity sales where there are indicative screen failures.
Civil Monetary Penalty Inflation Adjustments
Document Number: 2019-00455
Type: Rule
Date: 2019-02-01
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission (Commission) is issuing a final rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules, and orders within the Commission's jurisdiction. The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended most recently by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, requires the Commission to issue this final rule.
Participation in Reserve Training Programs
Document Number: 2019-00449
Type: Rule
Date: 2019-02-01
Agency: Department of Defense, Office of the Secretary
This final rule removes DoD's regulation which contains internal policy regarding criteria and training requirements for satisfactory participation by members of the Reserve components of the U.S. Armed Forces, and uniform DoD policy for training members of such Reserve components who may be temporarily residing in sovereign foreign nations. This part is internal, has not been updated since 1979, and is obsolete. Current internal procedures will continue to be maintained and updated in a DoD issuance.
Unsatisfactory Performance of Ready Reserve Obligation
Document Number: 2019-00445
Type: Rule
Date: 2019-02-01
Agency: Department of Defense, Office of the Secretary
This final rule removes DoD's regulation which contains internal policy on actions to be taken in regard to members of the Ready Reserve whose performance of duty or participation in Reserve training is unsatisfactory. This part has not been updated since 1979 and is obsolete. Current internal procedures will continue to be maintained and updated in a DoD issuance.
Amendments to Market Test Rules
Document Number: 2019-00398
Type: Rule
Date: 2019-02-01
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is adopting final rules amending the Commission's regulations governing market tests of experimental products. The final rules revise the method for calculating applicable market test revenue limitations and clarify the process for filing a request to add a non-experimental product or price category based on an experimental product to the market dominant or competitive product list. For additional information, Order No. 4973 can be accessed electronically through the Commission's website at https://www.prc.gov.
Removing Inability To Communicate in English as an Education Category
Document Number: 2019-00250
Type: Proposed Rule
Date: 2019-02-01
Agency: Social Security Administration, Agencies and Commissions
We propose to eliminate the education category ``inability to communicate in English'' when we evaluate disability claims for adults under titles II and XVI of the Social Security Act (Act). Changes in the national workforce since we added this category to our rules in 1978 demonstrate that this education category is no longer a reliable indicator of an individual's educational attainment or the vocational impact of an individual's education. The proposed revisions reflect research and data related to English language proficiency, work, and education; expansion of the international reach of our disability programs; and audit findings by our Office of the Inspector General (OIG). The proposed revisions would help us better assess the vocational impact of education in the disability determination process.
VA Acquisition Regulation: Competition Requirements
Document Number: 2018-28206
Type: Proposed Rule
Date: 2019-02-01
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) is proposing to amend and update its VA Acquisition Regulation (VAAR) in phased increments to revise or remove any policy superseded by changes in Federal Acquisition Regulation (FAR), to remove procedural guidance that is internal to VA into the VA Acquisition Manual (VAAM), and to incorporate any new agency specific regulations or policies. These changes seek to streamline and align the VAAR with the FAR and remove outdated and duplicative requirements and reduce burden on contractors. The VAAM incorporates portions of the removed VAAR as well as other internal agency acquisition policy. VA will rewrite certain parts of the VAAR and VAAM, and as VAAR parts are rewritten, will publish them in the Federal Register. VA will combine related topics, as appropriate. In particular, this rulemaking revises the VAAR concerning Competition Requirements.
Amendment of Class E Airspace for the Following Alaska Towns; St. Michael, AK; Shaktoolik, AK; and Tatitlek, AK
Document Number: 2018-28101
Type: Rule
Date: 2019-02-01
Agency: Federal Aviation Administration, Department of Transportation
This action modifies Class E airspace extending upward from 1,200 feet above the surface in Alaska at St. Michael Airport; Shaktoolik Airport; and Tatitlek Airport. This action adds exclusionary language to the legal descriptions of these airports to exclude Class E airspace extending beyond 12 miles from the shoreline, and ensures the safety and management of aircraft within the National Airspace System.
Supplemental Nutrition Assistance Program: Requirements for Able-Bodied Adults Without Dependents
Document Number: 2018-28059
Type: Proposed Rule
Date: 2019-02-01
Agency: Department of Agriculture, Food and Nutrition Service
Federal law generally limits the amount of time an able-bodied adult without dependents (ABAWD) can receive Supplemental Nutrition Assistance Program (SNAP) benefits to 3 months in a 36-month period, unless the individual meets certain work requirements. On the request of a State SNAP agency, the law also gives the Department of Agriculture (the Department) the authority to temporarily waive the time limit in areas that have an unemployment rate of over 10 percent or a lack of sufficient jobs. The law also provides State agencies with a limited number of percentage exemptions that can be used by States to extend SNAP eligibility for ABAWDs subject to the time limit. The Department proposes to amend the regulatory standards by which the Department evaluates State SNAP agency requests to waive the time limit and to end the unlimited carryover of ABAWD percentage exemptions. The proposed rule would encourage broader application of the statutory ABAWD work requirement, consistent with the Administration's focus on fostering self-sufficiency. The Department seeks comments from the public on the proposed regulations.
Fund of Funds Arrangements
Document Number: 2018-27924
Type: Proposed Rule
Date: 2019-02-01
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission (the ``Commission'') is proposing a new rule under the Investment Company Act of 1940 (``Investment Company Act'' or ``Act'') to streamline and enhance the regulatory framework applicable to funds that invest in other funds (``fund of funds'' arrangements). In connection with the proposed rule, the Commission proposes to rescind rule 12d1-2 under the Act and most exemptive orders granting relief from sections 12(d)(1)(A), (B), (C), and (G) of the Act. Finally, the Commission is proposing related amendments to rule 12d1-1 under the Act and Form N-CEN.
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