March 6, 2019 – Federal Register Recent Federal Regulation Documents

Regulated Navigation Area; Thea Foss and Wheeler-Osgood Waterways EPA Superfund Cleanup Site, Commencement Bay, Tacoma, WA
Document Number: 2019-04070
Type: Proposed Rule
Date: 2019-03-06
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to amend the Thea Foss and Wheeler- Osgood Regulated Navigation Area (RNA) for Commencement Bay to include portions of the Middle Waterway in Tacoma, Washington. This proposed amendment would protect sediment cap areas in the U.S. Environmental Protection Agency's Commencement Bay Nearshore-Tideflats Superfund Cleanup Site within the Middle Waterway Problem Area that are not geographically encompassed by the existing Thea Foss and Wheeler-Osgood RNA. The modified RNA would prohibit certain activities that could disrupt the integrity of the engineered sediment caps that have been placed within the Middle Waterway Problem Area. We invite your comments on this proposed rulemaking.
Air Plan Approval; Minnesota; Commercial and Industrial Solid Waste Incineration Units and Other Solid Waste Incineration Units Negative Declarations for Designated Facilities and Pollutants
Document Number: 2019-04069
Type: Rule
Date: 2019-03-06
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is notifying the public that we have received negative declarations from Minnesota pertaining to the presence of Commercial and Industrial Solid Waste Incineration (CISWI) units and Other Solid Waste Incineration (OSWI) units in Minnesota. The Minnesota Pollution Control Agency (MPCA) submitted its CISWI negative declaration by letter dated February 3, 2017, and its OSWI negative declaration by letter dated June 21, 2017. MPCA notified EPA in its negative declaration letters that there are no CISWI or OSWI units subject to the requirements of the Clean Air Act (Act) currently operating in Minnesota. On September 27, 2018, EPA published a notice of proposed rulemaking for these declarations.
Medicare Program; Release of Data Underlying Risk Adjustment Data Validation Provisions
Document Number: 2019-04052
Type: Proposed Rule
Date: 2019-03-06
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This document announces the release of data underlying the proposed policies regarding the use of extrapolation in Medicare Advantage (MA) Risk Adjustment Data Validation (RADV) audits and the Fee-for-Service (FFS) Adjuster.
Commercial Driver's License Upgrade from Class B to Class A
Document Number: 2019-04044
Type: Rule
Date: 2019-03-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA amends the entry-level driver training (ELDT) regulations published on December 8, 2016, titled ``Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators'' (ELDT final rule), by adopting a new Class A CDL theory instruction upgrade curriculum to reduce the training time and costs incurred by Class B commercial driver's license (CDL) holders upgrading to a Class A CDL. This final rule does not change the regulatory text proposed in the Notice of Proposed Rulemaking (NPRM). The Agency believes that this modest change in the Class A theory training requirements for Class B CDL holders upgrading to a Class A CDL maintains the same level of safety established by the ELDT final rule, and the regulatory burden reduction will result in annualized cost savings of $18 million.
Base Erosion and Anti-Abuse Tax; Hearing
Document Number: 2019-04043
Type: Proposed Rule
Date: 2019-03-06
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document provides a notice of public hearing on proposed regulations to provide guidance regarding the tax on base erosion payments of taxpayers with substantial gross receipts and reporting requirements thereunder.
Proposed Priority and Requirements-Technical Assistance on State Data Collection-National Technical Assistance Center To Improve State Capacity To Collect, Report, Analyze, and Use Accurate IDEA Part B Data
Document Number: 2019-04035
Type: Proposed Rule
Date: 2019-03-06
Agency: Department of Education
The mission of the Office of Special Education and Rehabilitative Services (OSERS) is to improve early childhood, educational, and employment outcomes and raise expectations for all people with disabilities, their families, their communities, and the Nation. As such, the Department of Education (Department) proposes a priority and requirements under the Technical Assistance on State Data Collection program. The Department may use this priority and these requirements for competitions in fiscal year (FY) 2019 and later years. We take this action to focus attention on an identified national need to provide technical assistance (TA) to improve the capacity of States to meet the data collection requirements under Part B of the Individuals with Disabilities Education Act (IDEA). This Center would support States in collecting, reporting, and determining how to best analyze and use their data to establish and meet high expectations for each child with a disability and would customize its TA to meet each State's specific needs.
Proposed Priority and Requirements-Technical Assistance on State Data Collection-National Technical Assistance Center To Improve State Capacity To Collect, Report, Analyze, and Use Accurate Early Childhood IDEA Data
Document Number: 2019-04034
Type: Proposed Rule
Date: 2019-03-06
Agency: Department of Education
The mission of the Office of Special Education and Rehabilitative Services (OSERS) is to improve early childhood, educational, and employment outcomes and raise expectations for all people with disabilities, their families, their communities, and the Nation. As such, the Department of Education (Department) proposes a funding priority and requirements under the Technical Assistance on State Data Collection program. The Department may use this priority for competitions in fiscal year (FY) 2019 and later years. We take this action to focus attention on an identified national need to provide technical assistance (TA) to improve the capacity of States to meet the data collection requirements under Parts C and B of the Individuals with Disabilities Education Act (IDEA). This Center would support States in collecting, reporting, and determining how to best analyze and use their data to establish and meet high expectations for each child with a disability and would customize its TA to meet each State's specific needs.
Medical Devices; Obstetrical and Gynecological Devices; Classification of the Software Application for Contraception
Document Number: 2019-04028
Type: Rule
Date: 2019-03-06
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or we) is classifying the software application for contraception into class II (special controls). The special controls that apply to the device type are identified in this order and will be part of the codified language for the software application for contraception's classification. We are taking this action because we have determined that classifying the device into class II (special controls) will provide a reasonable assurance of safety and effectiveness of the device. We believe this action will also enhance patients' access to beneficial innovative devices, in part by reducing regulatory burdens.
Periodic Reporting
Document Number: 2019-04017
Type: Proposed Rule
Date: 2019-03-06
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is proposing rules that require the Postal Service to provide information about cost and service issues affecting flat-shaped mail (flats). The Commission intends to analyze this information over time to identify trends and measurable goals that will lead to the development of a plan to improve these cost and service issues. The Commission invites public comment on the proposed rules. For additional information, Order No. 5004 can be accessed electronically through the Commission's website at https://www.prc.gov.
Safety Zone for Fireworks Displays; Upper Potomac River, Washington Channel, DC
Document Number: 2019-04015
Type: Rule
Date: 2019-03-06
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce a temporary safety zone for two fireworks displays taking place over the Washington Channel, adjacent to The Wharf DC, Washington, DC; the first on March 2, 2019, (no alternate date) and the second on April 6, 2019, (with an alternate date on April 7, 2019). This action is necessary to ensure the safety of life on navigable waterways during these fireworks displays. Our regulation for recurring fireworks displays from January 12, 2019, through December 31, 2019 identifies the temporary safety zones for these fireworks display events. During the enforcement periods, persons and vessels are prohibited from entering the safety zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative.
Safety Zone; Lower Mississippi River, Port Gibson, MS
Document Number: 2019-04014
Type: Rule
Date: 2019-03-06
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing an emergency temporary safety zone for all navigable waters of the Lower Mississippi River, extending the entire width of the river, from mile marker (MM) 405 to MM 408. This emergency safety zone is necessary to protect persons, property, and infrastructure from potential damage and safety hazards associated with vessels transiting this area during high water. This rule prohibits persons and vessels from entering the safety zone area unless specifically authorized by the Captain of the Port Sector Lower Mississippi River (COTP) or a designated representative.
National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production Residual Risk and Technology Review
Document Number: 2019-04002
Type: Proposed Rule
Date: 2019-03-06
Agency: Environmental Protection Agency
On February 4, 2019, the Environmental Protection Agency (EPA) published a document in the Federal Register to announce its proposed National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production Residual Risk and Technology Review. The document also requested public comment on the proposed action. The EPA is announcing that it will hold a public hearing to provide interested parties the opportunity to present data, views, or arguments concerning the proposed action. In addition, the EPA will extend the public comment period.
Guides for Select Leather and Imitation Leather Products
Document Number: 2019-03970
Type: Proposed Rule
Date: 2019-03-06
Agency: Federal Trade Commission, Agencies and Commissions
The Federal Trade Commission (``FTC'' or ``Commission'') requests public comments on its Guides for Select Leather and Imitation Leather Products (``Leather Guides'' or ``Guides''). The Commission is soliciting the comments as part of the Commission's systematic review of all current Commission regulations and guides.
Procedures for Disclosure of Records Under the Freedom of Information Act; Corrections
Document Number: 2019-03968
Type: Rule
Date: 2019-03-06
Agency: National Foundation on the Arts and the Humanities, Agencies and Commissions, National Endowment for the Arts
On February 27, 2019, the National Endowment for the Arts revised its FOIA rules. That document inadvertently contained two paragraphs with the same designation. This document corrects the final regulations.
Medical Devices; Exemption From Premarket Notification: Class II Devices; Flow Cytometer Instruments; Request for Comments
Document Number: 2019-03967
Type: Proposed Rule
Date: 2019-03-06
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or Agency) is announcing its intention to exempt certain flow cytometer instruments from premarket notification requirements, subject to conditions and limitations. The Agency has determined based on established factors that these devices, which are currently regulated by FDA under product code OYE, no longer require premarket notification to provide reasonable assurance of safety and effectiveness. All other class II devices classified under FDA's automated differential cell counter regulation would continue to be subject to premarket notification requirements. FDA is publishing this proposed order to obtain comments regarding this proposed exemption, in accordance with the Federal Food, Drug, and Cosmetic Act (FD&C Act).
Amendments to the Timing Requirements for Filing Reports on Form N-Port
Document Number: 2019-03958
Type: Rule
Date: 2019-03-06
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission (the ``Commission'') is adopting an interim final rule that will require reports on Form N-PORT for each month in a fiscal quarter to be filed with the Commission not later than 60 days after the end of that fiscal quarter (as opposed to filing each monthly report no later than 30 days after the end of each month). The monthly report on Form N-PORT for the third month of the quarter (the ``quarter-end report'') will continue to become publicly available (i.e., all portions of the quarter-end report, with the exception of the items identified in General Instruction F of Form N- PORT, will be made public upon filing). The monthly reports on Form N- PORT for the first and second months of the fiscal quarter will remain non-public. We are also amending our regulations and Form N-PORT to require that funds, no later than 30 days after the end of each month, maintain in their records the information that is required to be included in Form N-PORT. Registrants will promptly make such records available to the Commission upon request. Finally, we are amending Form N-LIQUID to provide for a voluntary explanatory notes section. Importantly, these amendments in no way affect the amount or timing of the information that will be made available to the public.
Air Plan Approval; Tennessee; NOX
Document Number: 2019-03956
Type: Rule
Date: 2019-03-06
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking final action to conditionally approve a portion of a State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC) with a letter dated February 27, 2017, to establish a SIP-approved state control program to comply with the obligations of the Nitrogen Oxides (NOX) SIP Call with respect to certain sources. EPA is also taking final action to fully approve the remaining portion of the same Tennessee SIP revision to remove the SIP-approved portions of the State's Clean Air Interstate Rule (CAIR) Program rules from the Tennessee SIP. In addition, EPA is also fully approving a revision to the Tennessee SIP submitted with a letter dated April 3, 2018, to remove regulations related to a previous NOX trading program.
Guidance Related to the Foreign Tax Credit, Including Guidance Implementing Changes Made by the Tax Cuts and Job Act; Correction
Document Number: 2019-03942
Type: Proposed Rule
Date: 2019-03-06
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to a notice of proposed rulemaking that was published in the Federal Register on Friday, December 7, 2018. The proposed regulations relate to the determination of the foreign tax credit under the Internal Revenue Code.
Food Additives Permitted in Feed and Drinking Water of Animals; Selenomethionine Hydroxy Analogue
Document Number: 2019-03909
Type: Rule
Date: 2019-03-06
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA, we, or the Agency) is amending the regulations for food additives permitted in feed and drinking water of animals to provide for the safe use of selenomethionine hydroxy analogue as a source of selenium in feed for chickens, turkeys, and swine, as well as to provide for the safe use of silicon dioxide as a carrier for selenomethionine hydroxy analogue. This action is in response to a food additive petition filed by Adisseo France S.A.S.
Technical Specifications for Submissions to the Prepaid Account Agreements Database
Document Number: 2019-03852
Type: Rule
Date: 2019-03-06
Agency: Bureau of Consumer Financial Protection
Beginning on April 1, 2019, prepaid account issuers are required to submit their currently-offered prepaid account agreements to the Bureau of Consumer Financial Protection (Bureau), to be posted on the Bureau's website. The Bureau is issuing technical specifications for those submissions, including the URL for the website at which issuers (or their designees) can register and submit their prepaid account agreements. This document relates to a final rule published in the Federal Register on November 22, 2016, as amended on April 25, 2017 and February 13, 2018, regarding prepaid accounts under Regulations E and Z.
Deduction for Foreign-Derived Intangible Income and Global Intangible Low-Taxed Income
Document Number: 2019-03848
Type: Proposed Rule
Date: 2019-03-06
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations that provide guidance to determine the amount of the deduction for foreign-derived intangible income and global intangible low-taxed income. This document also contains proposed regulations coordinating the deduction for foreign-derived intangible income and global intangible low-taxed income with other provisions in the Internal Revenue Code.
Hazardous Materials: Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft (FAA Reauthorization Act of 2018)
Document Number: 2019-03812
Type: Rule
Date: 2019-03-06
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA issues this interim final rule (IFR) to revise the Hazardous Materials Regulations for lithium cells and batteries transported by aircraft. This IFR prohibits the transport of lithium ion cells and batteries as cargo on passenger aircraft; requires lithium ion cells and batteries to be shipped at not more than a 30 percent state of charge aboard cargo-only aircraft when not packed with or contained in equipment; and limits the use of alternative provisions for small lithium cell or battery shipments to one package per consignment. This IFR does not restrict passengers or crew members from bringing personal items or electronic devices containing lithium cells or batteries aboard aircraft, or restrict cargo-only aircraft from transporting lithium ion cells or batteries at a state of charge exceeding 30 percent when packed with or contained in equipment or devices.
Preliminary Permits, Qualifying Conduit Hydropower Facilities, and Commencement for Payment of Annual Charges
Document Number: 2019-03742
Type: Rule
Date: 2019-03-06
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission (Commission) issues this final rule to amend its regulations to conform to the enacted America's Water Infrastructure Act of 2018 (Water Infrastructure Act). This final rule revises regulations on preliminary permits, qualifying conduit hydropower facilities, and commencement for payment of annual charges. All revisions in this final rule are ministerial in nature.
Connect America Fund; Universal Service Reform-Mobility Fund
Document Number: 2019-03635
Type: Rule
Date: 2019-03-06
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission extends the timeframe for the collection of speed test data for Mobility Fund Phase II (MF-II) challenges and for the collection of data by respondents to MF-II challenges by 90 days. Speed test data in support of a challenge will be accepted if collected on or after February 27, 2018, and through November 26, 2018. Respondents may submit information that was collected any time on or after April 29, 2018, through the close of the response window.
Reform of Generator Interconnection Procedures and Agreements
Document Number: 2019-03402
Type: Rule
Date: 2019-03-06
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission is granting in part and denying in part the requests for rehearing and clarification of its determinations in Order No. 845, which amended the Commission's pro forma Large Generator Interconnection Procedures and pro forma Large Generator Interconnection Agreement to improve certainty, promote more informed interconnection decisions, and enhance interconnection processes.
Prevailing Rate Systems; North American Industry Classification System Based Federal Wage System Wage Surveys
Document Number: 2019-00798
Type: Proposed Rule
Date: 2019-03-06
Agency: Office of Personnel Management
The Office of Personnel Management (OPM) is issuing a proposed rule to update the 2012 North American Industry Classification System (NAICS) codes currently used in Federal Wage System (FWS) wage survey industry regulations with the 2017 NAICS revisions published by the Office of Management and Budget (OMB).
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