April 23, 2019 – Federal Register Recent Federal Regulation Documents

Medicare and Medicaid Programs; Patient Protection and Affordable Care Act; Interoperability and Patient Access for Medicare Advantage Organization and Medicaid Managed Care Plans, State Medicaid Agencies, CHIP Agencies and CHIP Managed Care Entities, Issuers of Qualified Health Plans in the Federally-facilitated Exchanges and Health Care Providers; Supplement and Extension of Comment Period
Document Number: 2019-08181
Type: Proposed Rule
Date: 2019-04-23
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This document extends the comment period for the proposed rule entitled ``Medicare and Medicaid Programs; Patient Protection and Affordable Care Act; Interoperability and Patient Access for Medicare Advantage Organization and Medicaid Managed Care Plans, State Medicaid Agencies, CHIP Agencies and CHIP Managed Care Entities, Issuers of Qualified Health Plans in the Federally-facilitated Exchanges and Health Care Providers'' that appeared in the March 4, 2019 Federal Register. The comment period for the proposed rule, which would end on May 3, 2019, is extended 30 days to June 3, 2019. We additionally note that based on public comments received on this proposed rule, we will adjust the effective dates of our policies to allow for adequate implementation timelines, as appropriate.
21st Century Cures Act: Interoperability, Information Blocking, and the ONC Health IT Certification Program
Document Number: 2019-08178
Type: Proposed Rule
Date: 2019-04-23
Agency: Department of Health and Human Services, Office of the Secretary
On March 4, 2019, the Department of Health and Human Services (HHS) published a proposed rule that would implement certain provisions of the 21st Century Cures Act, including conditions and maintenance of certification requirements for health information technology (health IT) developers under the ONC Health IT Certification Program (Program), the voluntary certification of health IT for use by pediatric health care providers, and reasonable and necessary activities that do not constitute information blocking. The comment period for the rule was scheduled to close on May 3, 2019. This document extends the comment period for the proposed rule by 30 days to June 3, 2019.
Compensation in Connection With Loans to Members and Lines of Credit to Members
Document Number: 2019-08166
Type: Proposed Rule
Date: 2019-04-23
Agency: National Credit Union Administration, Agencies and Commissions
The NCUA Board (Board) is issuing this advance notice of proposed rulemaking (ANPR) to solicit comments on ways to improve the agency's regulations limiting a credit union official's and employee's compensation in connection with loans to members and lines of credit to members. These regulations have generated confusion and are likely outdated, burdensome, and at odds with industry standards. The Board is particularly interested in obtaining commenter feedback on how it can provide flexibility with respect to senior executive compensation plans that incorporate lending as part of a broad and balanced set of organizational goals and performance measures.
Request for Information About Possible Exemptions From Testing and Other Changes to the Standard for the Flammability of Clothing Textiles
Document Number: 2019-08140
Type: Proposed Rule
Date: 2019-04-23
Agency: Consumer Product Safety Commission, Agencies and Commissions
The U.S. Consumer Product Safety Commission (CPSC) requests information about possible changes to the Commission's Standard for the Flammability of Clothing Textiles to expand the list of fabrics that are exempt from testing under the standard. CPSC is particularly interested in receiving information about the possibility of adding spandex to the list of fabrics that are exempt from the testing requirements. CPSC also would like information about the equipment and procedures specified in the standard and possible ways to update those provisions to reduce the burdens associated with the testing requirements.
Architectural Works
Document Number: 2019-08136
Type: Rule
Date: 2019-04-23
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is amending its regulations pertaining to the registration of architectural works. To improve the efficiency of the registration process, and encourage broader participation in the registration system, the final rule will require applicants to submit their claims using an online application, rather than a paper application. Applicants will be required to provide a date of construction, but only if the work was embodied in unpublished plans or drawings on or before December 1, 1990 and if the work was constructed before January 1, 2003. And, applicants will be encouragedbut not requiredto upload a digital copy of their architectural works through the electronic registration system, instead of submitting a physical copy.
Safety Zones; Fireworks Displays in the Fifth Coast Guard District
Document Number: 2019-08127
Type: Rule
Date: 2019-04-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the Penn's Landing, Delaware River, Philadelphia, PA, safety zone from 8:30 p.m. through 9:00 p.m. on April 26, 2019. This action is necessary to ensure safety of life on the navigable waters of the United States immediately prior to, during, and immediately after the fireworks displays. Our regulation for safety zones of fireworks displays in the Fifth Coast Guard District identifies the regulated area for this event at Penn's Landing in Philadelphia, PA. During the enforcement periods, vessels may not enter, remain in, or transit through the safety zones during these enforcement periods unless authorized by the Captain of the Port or designated Coast Guard patrol personnel on scene.
Safety Zone; Lake of the Ozarks, Osage Beach, MO
Document Number: 2019-08126
Type: Rule
Date: 2019-04-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone for certain waters of the Lake of the Ozarks. This action is necessary to provide for the safety of life on these navigable waters near the Tan- Tar-A Resort, Osage Beach, MO during a fireworks display on May 4, 2019. This rulemaking will prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or a designated representative.
Department of Justice Freedom of Information Act Regulations
Document Number: 2019-08122
Type: Rule
Date: 2019-04-23
Agency: Department of Justice
The Department of Justice, after consideration of the public comments, adopts without change the interim final rule amending the Department's regulations under the Freedom of Information Act (FOIA) that was published on January 4, 2017.
2019 Quarterly Listings; Safety Zones, Security Zones, Special Local Regulations, Drawbridge Operation Regulations and Regulated Navigation Areas
Document Number: 2019-08120
Type: Rule
Date: 2019-04-23
Agency: Coast Guard, Department of Homeland Security
This document provides notification of substantive rules issued by the Coast Guard that were made temporarily effective but expired before they could be published in the Federal Register. This document lists temporary safety zones, security zones, special local regulations, drawbridge operation regulations and regulated navigation areas, all of limited duration and for which timely publication in the Federal Register was not possible.
Anchorage Grounds; Baltimore Harbor, Baltimore, MD
Document Number: 2019-08116
Type: Rule
Date: 2019-04-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is amending its Baltimore Harbor anchorage grounds regulation. The changes will reduce the size of three general anchorages, establish one new general anchorage, rename two existing general anchorages, and change the duration a vessel may remain within an anchorage for two existing general anchorages. This rule will ensure that Coast Guard regulations are consistent with the U.S. Army Corps of Engineers Baltimore District Port of Baltimore Anchorages and Channels civil works project that widened the channel, and provide a higher degree of safety to persons, property and the environment by accurately depicting the anchorage locations. The changes to the regulated uses of the anchorages will support current and future port activity related to the safety of post-Panamax commercial cargo vessels, and will remove vessel security provisions that currently exist in these Baltimore Harbor regulations.
Updating Section 301 Regulations To Reflect Statutory Changes; Correction
Document Number: 2019-08113
Type: Proposed Rule
Date: 2019-04-23
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to a notice of proposed rulemaking (REG-121694-16) that was published in the Federal Register on March 26, 2019. The proposed regulations updated existing regulations under section 301 to reflect statutory changes made by the Technical and Miscellaneous Revenue Act of 1988.
Bacteriophage Active Against Xylella fastidiosa; Exemption From the Requirement of a Tolerance
Document Number: 2019-08111
Type: Rule
Date: 2019-04-23
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of lytic bacteriophage active against Xylella fastidiosa in or on all food commodities when the bacteriophage are sequenced and have sequences free of toxins and lysogenic genes and are used in accordance with label directions and good agricultural practices. Otsuka Pharmaceutical Co., Ltd. (c/o Technology Sciences Group Inc.) submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of bacteriophage active against Xylella fastidiosa in or on all food commodities under FFDCA.
Airworthiness Directives; Bombardier, Inc., Airplanes
Document Number: 2019-08095
Type: Rule
Date: 2019-04-23
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was prompted by a report that certain split ball bearings used in main landing gear (MLG) side brace actuator assemblies are manufactured from material that does not meet the required material properties. This AD requires an inspection of the left and right MLG side brace actuator assemblies and, if necessary, replacement of the split ball bearings. We are issuing this AD to address the unsafe condition on these products.
Interpretive Statement on Application of the Clean Water Act National Pollutant Discharge Elimination System Program to Releases of Pollutants From a Point Source to Groundwater
Document Number: 2019-08063
Type: Proposed Rule
Date: 2019-04-23
Agency: Environmental Protection Agency
The Environmental Protection Agency (``EPA'') is issuing an Interpretative Statement addressing whether the Clean Water Act (``the CWA'' or ``the Act'') National Pollutant Discharge Elimination System (``NPDES'') permit program applies to releases of a pollutant from a point source to groundwater. This Interpretative Statement reflects the EPA's consideration of the public comments received in response to its February 20, 2018 Federal Register notice, as summarized immediately below. Informed by those comments and based on a holistic analysis of the statute, its text, structure, and legislative history, the Agency concludes that the CWA is best read as excluding all releases of pollutants from a point source to groundwater from NPDES program coverage, regardless of a hydrologic connection between the groundwater and jurisdictional surface water. The Interpretive Statement provides the EPA's full analysis and rationale supporting its interpretation and is available below and at https://www.epa.gov/npdes/releases-point- source-groundwater. Concurrently with issuing its interpretation of the CWA, the Agency is soliciting additional public input regarding what may be needed to provide further clarity and regulatory certainty on this issue.
Air Plan Approval; GA: Non-Interference Demonstration and Maintenance Plan Revision for Federal Low-Reid Vapor Pressure Requirement in the Atlanta Area
Document Number: 2019-08062
Type: Rule
Date: 2019-04-23
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision that supports a change to the Federal Reid Vapor Pressure (RVP) requirements in 13 counties in Atlanta, Georgia. They comprise the following counties: Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale (Atlanta fuel volatility Area). The Atlanta fuel volatility Area is a subset of the Atlanta 15-county 2008 8-hour ozone maintenance area. The 15-county 2008 8-hour ozone maintenance area is comprised of the following counties: Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale (Atlanta maintenance Area). This approval is based in part on EPA's analysis of whether the SIP revision would interfere with the Atlanta maintenance Area's ability to meet the requirements of the Clean Air Act (CAA or Act). On August 15, 2018, Georgia, through the Georgia Environmental Protection Division (GA EPD), submitted a noninterference demonstration to support its SIP revision requesting that EPA relax the Federal RVP requirements for the Atlanta fuel volatility Area. This SIP revision updates Georgia's 2008 8-hour ozone maintenance plan for the Atlanta maintenance Area and its emissions inventory, the associated motor vehicle emissions budgets (MVEBs), and includes measures to offset the emissions increases expected from the relaxation of the Federal RVP requirements. Georgia's noninterference demonstration concludes that relaxing the Federal RVP requirement from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline sold between June 1 and September 15 of each year in the Atlanta fuel volatility Area would not interfere with attainment or maintenance of any national ambient air quality standards (NAAQS or standards) or with any other CAA requirement. EPA is approving this SIP revision because EPA has determined that the revision is consistent with the applicable provisions of the CAA. EPA will also initiate a separate rulemaking to relax the current Federal requirement to use gasoline that complies with the Federal RVP limit from 7.8 psi to 9.0 psi in the Atlanta fuel volatility Area.
Conservation of Antarctic Animals and Plants
Document Number: 2019-08024
Type: Rule
Date: 2019-04-23
Agency: National Science Foundation, Agencies and Commissions
Pursuant to the Antarctic Conservation Act of 1978, as amended, the National Science Foundation (NSF) is amending its regulations to reflect changes to designated Antarctic specially protected areas (ASPA), Antarctic specially managed areas (ASMA) and historic sites or monuments (HSM). These changes reflect decisions already adopted by the Antarctic Treaty Parties at recent Antarctic Treaty Consultative Meetings (ATCM). The United States Department of State heads the United States delegation to these annual Antarctic Treaty meetings.
General Services Administration Acquisition Regulation (GSAR); Federal Supply Schedule Contracting (Administrative Changes)
Document Number: 2019-08012
Type: Rule
Date: 2019-04-23
Agency: General Services Administration, Agencies and Commissions
The General Services Administration (GSA) is issuing a final rule amending the General Services Administration Acquisition Regulation (GSAR) Part 515, Contracting by Negotiation, Part 538, Federal Supply Schedule Contracting, and GSAR Part 552, Solicitation Provisions and Contract Clauses, to clarify, update, and incorporate existing Federal Supply Schedule contract administration policies and procedures.
Air Plan Approval; SC; 2010 1-Hour SO2
Document Number: 2019-07921
Type: Proposed Rule
Date: 2019-04-23
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve South Carolina's June 25, 2018, State Implementation Plan (SIP) submission pertaining to the ``good neighbor'' provision of the Clean Air Act (CAA or Act) for the 2010 1-hour sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). The good neighbor provision requires each state's implementation plan to address the interstate transport of air pollution in amounts that contribute significantly to nonattainment, or interfere with maintenance, of a NAAQS in any other state. In this action, EPA is proposing to determine that South Carolina's SIP contains adequate provisions to prohibit emissions within the State from contributing significantly to nonattainment or interfering with maintenance of the 2010 1-hour SO2 NAAQS in any other state.
Procedures for Review of CBI Claims for the Identity of Chemicals on the TSCA Inventory
Document Number: 2019-07920
Type: Proposed Rule
Date: 2019-04-23
Agency: Environmental Protection Agency
The 2016 amendments to the Toxic Substances Control Act (TSCA) require EPA to establish a plan to review all confidential business information (CBI) claims for specific chemical identity asserted in a Notice of Activity (NOA) Form A. EPA is proposing a rule to establish the plan, including the procedures for substantiating and reviewing these claims.
Medicare Program; FY 2020 Inpatient Psychiatric Facilities Prospective Payment System and Quality Reporting Updates for Fiscal Year Beginning October 1, 2019 (FY 2020)
Document Number: 2019-07884
Type: Proposed Rule
Date: 2019-04-23
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would update the prospective payment rates, the outlier threshold, and the wage index for Medicare inpatient hospital services provided by Inpatient Psychiatric Facilities (IPFs), which include psychiatric hospitals and excluded psychiatric units of an inpatient prospective payment system hospital or critical access hospital. Additionally, this proposed rule would revise and rebase the IPF market basket to reflect a 2016 base year and remove the IPF Prospective Payment System (PPS) 1-year lag of the wage index data. This proposed rule also solicits comments on the IPF wage index. Finally, this rule proposes updates to the Inpatient Psychiatric Facilities Quality Reporting Program. These changes would be effective for IPF discharges occurring during the fiscal year (FY) beginning October 1, 2019 through September 30, 2020 (FY 2020).
Conforming Amendments and Technical Corrections to Department Rules Implementing the Transportation Industry Drug Testing Program
Document Number: 2019-06986
Type: Rule
Date: 2019-04-23
Agency: Federal Aviation Administration, Department of Transportation, Federal Transit Administration, Pipeline and Hazardous Materials Safety Administration, Office of the Secretary of Transportation
This final rule makes minor technical corrections to the OST, FAA, FTA, and PHMSA regulations governing drug testing for safety- sensitive employees to ensure consistency with the recent amendments made to the Department of Transportation's regulation, ``Procedures for Transportation Workplace Drug and Alcohol Testing Programs,'' which added requirements to test for oxycodone, oxymorphone, hydrocodone, and hydromorphone to DOT-regulated drug testing programs. The changes to the Department's regulation make it necessary to refer to these substances, as well as the previously covered drugs morphine, 6- acetylmorphine, and codeine, by the more inclusive term ``opioids,'' rather than ``opiates.'' This rule amends the term in the FAA, FTA, and PHMSA regulations to ensure that all DOT drug testing rules are consistent with one another and with the Mandatory Guidelines for Federal Workplace Drug Testing Programs. In addition, this rule makes a conforming amendment to include the term ``opioids'' in the wording of the Department's annual information collection requirement and clarifications to section 40.26 and Appendix H regarding the requirement for employers to follow the Department's instructions for the annual information collection.
Energy Conservation Program: Test Procedures for Small Electric Motors and Electric Motors
Document Number: 2019-06868
Type: Proposed Rule
Date: 2019-04-23
Agency: Department of Energy
The U.S. Department of Energy (DOE) proposes amending its test procedures for small electric motors. First, DOE proposes further harmonizing its procedures with industry practice by incorporating a new industry standard manufacturers would be permitted to use in addition to the industry standards currently incorporated by reference as options for use when testing small electric motor efficiency. Second, with respect to electric motors, DOE proposes further harmonizing its test procedures by incorporating an additional industry standard to the two that are already incorporated by reference as options when testing the efficiency of this equipment. Each of these changes is expected to reduce testing burdens on manufacturers. Finally, DOE proposes to adopt industry provisions related to the test conditions to ensure the comparability of test results for small electric motors. None of these proposed changes would affect the measured average full-load efficiency of small electric motors or the measured nominal full-load efficiency of electric motors when compared to the current test procedures.
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