April 8, 2019 – Federal Register Recent Federal Regulation Documents

FAST Act Modernization and Simplification of Regulation S-K
Document Number: C1-2019-05695
Type: Rule
Date: 2019-04-08
Agency: Securities and Exchange Commission, Agencies and Commissions
Removal of Expired Regulations
Document Number: 2019-06912
Type: Rule
Date: 2019-04-08
Agency: Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives
This final rule makes technical amendments to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations in the Code of Federal Regulations (CFR). These technical changes are being made to remove expired, obsolete, or unnecessary regulations; correct dates, titles, addresses, and telephone numbers; and to reflect changes to nomenclature resulting from the transfer of ATF to the Department of Justice from the Department of the Treasury pursuant to the Homeland Security Act of 2002. The changes are designed to update and provide clarity throughout these regulations.
Supplemental Nutrition Assistance Program: Requirements for Able-Bodied Adults Without Dependents; Reopening of Comment Period
Document Number: 2019-06878
Type: Proposed Rule
Date: 2019-04-08
Agency: Department of Agriculture, Food and Nutrition Service
This proposed rule seeks to amend the regulatory standards by which the U.S. Department of Agriculture evaluates State Supplemental Nutrition Assistance Program (SNAP) agency requests to waive the time limit and to end the unlimited carryover of able-bodied adults without dependents (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 original comment period for this proposed rule ended on April 2, 2019. FNS seeks to reopen the comment period on April 8, 2019, for a period of 3 days ending April 10, 2019.
Schedules of Controlled Substances: Placement of 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA in Schedule I
Document Number: 2019-06853
Type: Proposed Rule
Date: 2019-04-08
Agency: Drug Enforcement Administration, Department of Justice
The Drug Enforcement Administration proposes placing methyl 2- (1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbu tanoate [5F-ADB; 5F-MDMB-PINACA]; methyl 2-(1-(5-fluoropentyl)-1H-indazole-3- carboxamido)-3-methylbutanoate [5F-AMB]; N-(adamantan-1-yl)-1-(5- fluoropentyl)-1H-indazole-3-carboxamide [5F-APINACA, 5F-AKB48]; N-(1- amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-ind azole-3- carboxamide [ADB-FUBINACA]; methyl 2-(1-(cyclohexylmethyl)-1H-indole-3- carboxamido)-3,3-dimethylbutanoate [MDMB-CHMICA, MMB-CHMINACA] and methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3- dimethylbutanoate [MDMB-FUBINACA], including their 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. If finalized, this action would make permanent the existing 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 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA.
Schedules of Controlled Substances: Extension of Temporary Placement of 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA in Schedule I of the Controlled Substances Act
Document Number: 2019-06851
Type: Rule
Date: 2019-04-08
Agency: Drug Enforcement Administration, Department of Justice
The Acting Administrator of the Drug Enforcement Administration is issuing this temporary scheduling order to extend the temporary schedule I status of six synthetic cannabinoids (SC). The substances are: methyl 2-(1-(5-fluoropentyl)-1H-indazole-3- carboxamido)-3,3-dimethylbutanoate [5F-ADB; 5F-MDMB-PINACA]; methyl 2- (1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutano ate [5F- AMB]; N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxami de [5F-APINACA, 5F-AKB48]; N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4- fluorobenzyl)-1H-indazole-3-carboxamide [ADB-FUBINACA]; methyl 2-(1- (cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutan oate [MDMB-CHMICA, MMB-CHMINACA] and methyl 2-(1-(4-fluorobenzyl)-1H- indazole-3-carboxamido)-3,3-dimethylbutanoate [MDMB-FUBINACA], including their optical, positional and geometric isomers, salts, and salts of isomers. The schedule I status of 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA will expire on April 10, 2019. This temporary order will extend the temporary scheduling of 5F- ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA for one year or until the permanent scheduling action for these six substances is completed, whichever occurs first.
West Virginia Regulatory Program
Document Number: 2019-06826
Type: Proposed Rule
Date: 2019-04-08
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). On May 3, 2017, West Virginia Department of Environmental Protection (WVDEP) submitted a program amendment to OSMRE to modify its pre- blasting survey requirements, bond release and bonding requirements, and to modify disbursements from the Water Reclamation Trust Fund. This document gives the times and locations that the West Virginia program and this proposed amendment are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Clinical Laboratory Improvement Amendments of 1988 (CLIA) Proficiency Testing Regulations Related to Analytes and Acceptable Performance; Extension of Comment Period
Document Number: 2019-06819
Type: Proposed Rule
Date: 2019-04-08
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This document extends the comment period for the notice of proposed rulemaking with comment entitled ``Clinical Laboratory Improvement Amendments of 1988 (CLIA) Proficiency Testing Regulations Related to Analytes and Acceptable Performance'' that appeared in the February 4, 2019 Federal Register. The comment period for the proposed rule, which would end on April 5, 2019, is extended 60 days.
TRICARE: Prescribing of Physical Therapy, Occupational Therapy, and Speech Therapy by Other Allied Health Professionals Acting Within the Scope of Their License
Document Number: 2019-06795
Type: Proposed Rule
Date: 2019-04-08
Agency: Department of Defense, Office of the Secretary
The Department of Defense (DoD) proposes an amendment to the TRICARE regulation. Specifically, this proposed rule will allow coverage of otherwise authorized physical therapy (PT), occupational therapy (OT), and speech therapy (ST) for TRICARE beneficiaries when such services are prescribed by an authorized TRICARE Allied Health Professional acting within the scope of their license.
Airworthiness Directives; Airbus SAS Airplanes
Document Number: 2019-06793
Type: Proposed Rule
Date: 2019-04-08
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede Airworthiness Directive (AD) 2018-22- 13, which applies to certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2018-22-13 requires revising the airplane flight manual (AFM) to provide the flightcrew with updated procedures related to inboard aileron fault operations. Since we issued AD 2018-22-13, we have determined that additional actions are necessary to address the unsafe condition and that additional airplanes are subject to the unsafe condition. This proposed AD would also require modifying the electronic centralized aircraft monitoring (ECAM) procedures by installing an Airbus Temporary Quick Change (ATQC) and activating an ECAM temporary change (ETC). We are proposing this AD to address the unsafe condition on these products.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2019-06792
Type: Proposed Rule
Date: 2019-04-08
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 747-200B, 747-200C, 747-200F, 747-300, 747- 400, 747-400D, 747-400F, 747-8F, and 747-8 series airplanes. This AD was prompted by reports of uncommanded movement of the Captain's and First Officer's seats. This proposed AD would require, for the Captain's and First Officer's seats, repetitive horizontal actuator identifications, repetitive checks of the horizontal movement system (HMS), a detailed inspection of the HMS for certain airplanes, and applicable on-condition actions. This proposed AD would also require an inspection to determine the part number and, if applicable, the serial number of the Captain's and First Officer's seats and applicable on- condition actions. This proposed AD would also provide an optional terminating action for the repetitive checks of the HMS for certain airplanes. We are proposing this AD to address the unsafe condition on these products.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Multi-Year Harvest Specifications for the Central Subpopulation of Northern Anchovy
Document Number: 2019-06790
Type: Proposed Rule
Date: 2019-04-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this proposed rule to revise the annual reference points, including the overfishing limit (OFL), acceptable biological catch (ABC) and annual catch limit (ACL), for the central subpopulation of northern anchovy in the U.S. exclusive economic zone off the Pacific coast under the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). NMFS prepared this rulemaking in response to a January 2018 court decision (Oceana, Inc. v. Ross) that vacated the OFL, ABC, and ACL for the central subpopulation of northern anchovy, followed by subsequent orders requiring NMFS to establish a new OFL, ABC, and ACL through notice and comment rulemaking. NMFS is proposing an OFL of 94,290 metric tons (mt), an ABC of 23,573 mt, and an ACL of 23,573 mt. If the ACL for this stock is reached or projected to be reached, then fishing will be closed until it reopens at the start of the next fishing season. This rule is intended to conserve and manage the central subpopulation of northern anchovy off the U.S. West Coast.
Endangered and Threatened Wildlife and Plants; Adding 16 Species, Removing One Species, and Updating Entries for 17 Species on the List of Endangered and Threatened Wildlife
Document Number: 2019-06758
Type: Rule
Date: 2019-04-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are amending the List of Endangered and Threatened Wildlife (List) by adding 16 species (gulf grouper, island grouper, common guitarfish, blackchin guitarfish, daggernose shark, Brazilian guitarfish, striped smoothhound shark, spiny angelshark, Argentine angelshark, narrownose smoothhound shark, Maui dolphin, Hector's dolphin, giant manta ray, oceanic whitetip shark, Taiwanese humpback dolphin, and chambered nautilus) and by removing one species (Puget Sound-Georgia Basin distinct population segment (DPS) of canary rockfish). We are also updating the entries for the following six species by adding critical habitat designation citations: Gulf of Maine DPS of Atlantic sturgeon, New York Bight DPS of Atlantic sturgeon, Chesapeake Bay DPS of Atlantic sturgeon, South Atlantic DPS of Atlantic sturgeon, Carolina DPS of Atlantic sturgeon, and Main Hawaiian Islands Insular DPS of false killer whale. Lastly, we are updating the genus name for the Saimaa subspecies of ringed seal. The above amendments are based on previously published determinations by the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration, Department of Commerce, which has jurisdiction for these species. We are also adding nonsubstantive corrections to entries for 10 other species on the List: Three foreign coral species, dusky sea snake, Banggai cardinalfish, the Tanzanian DPS of African coelacanth, Nassau grouper, and three angelshark species. We added these 10 species to the List in 2016, but the entries did not include the Federal Register citations for the final listing rule, as is our standard practice when we add new entries to the List. The changes being made via this rule simply provide information that may be helpful to members of the public who are interested in tracking the regulatory history of these species.
Proposed Amendment of VOR Federal Airways V-260 and V-290; Eastern United States
Document Number: 2019-06752
Type: Proposed Rule
Date: 2019-04-08
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify VHF Omni-Directional Range (VOR) Federal airways V-260 and V-290, in the eastern United States. The modifications are needed due to the planned decommissioning of the Rainelle, WV, VOR that provides navigation guidance for portions of the routes.
Greece Electronic System for Travel Authorization Validity Period
Document Number: 2019-06750
Type: Rule
Date: 2019-04-08
Agency: Department of Homeland Security
In 2016, DHS reduced Greece's Electronic System for Travel Authorization (ESTA) travel authorization validity period for travel by nationals of Greece under the Visa Waiver Program (VWP) from two years to one year. The reduction was based on a 2015 VWP assessment of Greece, which had identified a number of shortcomings in satisfying VWP requirements. In November 2018, DHS re-evaluated Greece's progress to meet the requirements and determined that Greece has satisfied the requirements for normalizing Greece's ESTA validity period to two years. This document announces that DHS therefore is increasing Greece's ESTA validity period to two years.
Air Plan Approval; Kentucky; Regional Haze Plan and Prong 4 (Visibility) for the 1997 Ozone, 2010 NO2
Document Number: 2019-06740
Type: Rule
Date: 2019-04-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking four actions regarding the Kentucky State Implementation Plan (SIP). Specifically, EPA is approving Kentucky's November 16, 2018, SIP submittal seeking to change reliance from the Clean Air Interstate Rule (CAIR) to the Cross-State Air Pollution Rule (CSAPR) for certain regional haze requirements; converting EPA's limited approval/limited disapproval of Kentucky's regional haze SIP to a full approval; removing EPA's Federal Implementation Plan (FIP) for Kentucky which relied on CSAPR to address the deficiencies identified in the limited disapproval of Kentucky's regional haze SIP; and approving the visibility prong of Kentucky's infrastructure SIP submittals for the 1997 8-hour Ozone, 2010 Nitrogen Dioxide (NO2), 2010 Sulfur Dioxide (SO2), and 2012 Fine Particulate Matter (PM2.5) National Ambient Air Quality Standards (NAAQS).
Air Plan Approval; ID, Kraft Pulp Mill Rule Revisions
Document Number: 2019-06738
Type: Rule
Date: 2019-04-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking final action to approve revisions to Idaho's State Implementation Plan (SIP) submitted by the Idaho Department of Environmental Quality (IDEQ) on November 2, 2018. The submitted revisions update Idaho's rules by removing obsolete and duplicative requirements as well as requirements less stringent than applicable Federal regulations.
Flonicamid; Pesticide Tolerances
Document Number: 2019-06690
Type: Rule
Date: 2019-04-08
Agency: Environmental Protection Agency
This regulation establishes a crop group tolerance for residues of flonicamid in or on the commodities in sunflower subgroup 20B. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Television Broadcasting Services Gadsden and Hoover, Alabama
Document Number: 2019-06674
Type: Rule
Date: 2019-04-08
Agency: Federal Communications Commission, Agencies and Commissions
At the request of ION Media License Company, LLC. (ION), licensee of television station WPXH-TV, channel 45, Gadsden, Alabama (WPXH), the Commission has before it an unopposed Notice of Proposed Rulemaking to amend the Post-Transition Table of DTV Allotments by changing WPXH's community of license from Gadsden to Hoover, Alabama. The Commission believes that the proposed reallotment is consistent with the Commission's second allotment priority by providing Hoover with its first local transmission service. The Commission also notes that the proposed reallotment will not deprive Gadsden of its sole broadcast station because it will continue to be served by station WTJP-TV, licensed to Trinity Christian Center of Santa Ana, Inc. on channel 26 at Gadsden. We also grant ION's requested waiver of the Commission's rules.
Special Conditions: Embraer EMB-550 Airplane; Flight Envelope Protection: Normal Load Factor (g) Limiting
Document Number: 2019-06647
Type: Proposed Rule
Date: 2019-04-08
Agency: Federal Aviation Administration, Department of Transportation
This action proposes an amendment to special conditions for the Embraer EMB-550 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. This design feature is associated with an electronic flight control system that prevents the pilot from inadvertently or intentionally exceeding the positive or negative airplane limit load factor. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Regulatory Capital Treatment for Investments in Certain Unsecured Debt Instruments of Global Systemically Important U.S. Bank Holding Companies, Certain Intermediate Holding Companies, and Global Systemically Important Foreign Banking Organizations
Document Number: 2019-06344
Type: Proposed Rule
Date: 2019-04-08
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions, Federal Reserve System, Department of Treasury, Office of the Comptroller of the Currency
The OCC, Board, and FDIC (collectively, the agencies) are inviting public comment on a notice of proposed rulemaking (proposal) that would address an advanced approaches banking organization's regulatory capital treatment of an investment in unsecured debt instruments issued by foreign or U.S. global systemically important banking organizations (GSIBs) for the purposes of meeting minimum total loss absorbing capacity (TLAC) and, where applicable, long-term debt (LTD) requirements, or unsecured debt instruments issued by GSIBs that are pari passu or subordinated to such debt instruments. Under the proposal, investments by an advanced approaches banking organization in such unsecured debt instruments generally would be subject to deduction from the advanced approaches banking organization's own regulatory capital. The proposal would reduce both interconnectedness within the financial system and systemic risk. The Board is proposing changes to regulatory reporting requirements resulting from the proposal. The Board is also proposing to require that banking organizations subject to minimum TLAC and LTD requirements under Board regulations publicly disclose their TLAC and LTD issuances in a manner described in this proposal.
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