August 9, 2019 – Federal Register Recent Federal Regulation Documents

Regulation Best Interest: The Broker-Dealer Standard of Conduct
Document Number: C1-2019-12164
Type: Rule
Date: 2019-08-09
Agency: Securities and Exchange Commission, Agencies and Commissions
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Document Number: 2019-17140
Type: Rule
Date: 2019-08-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS closes the Harpoon category fishery for large medium and giant (i.e., measuring 73 inches curved fork length or greater) Atlantic bluefin tuna (BFT) for the 2019 fishing season and thus until the Harpoon category reopens on June 1, 2020. The intent of this closure is to prevent overharvest of the available Harpoon category BFT quota of 91 metric tons (mt).
Fisheries of the Exclusive Economic Zone Off Alaska; Blackspotted/Rougheye Rockfish in the Western and Central Aleutian Districts of the Bering Sea and Aleutian Islands Management Area
Document Number: 2019-17114
Type: Rule
Date: 2019-08-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting retention of blackspotted/rougheye rockfish in the Western and Central Aleutian Districts of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2019 blackspotted/rougheye rockfish total allowable catch (TAC) in the Western and Central Districts of the BSAI has been reached.
Fisheries of the Exclusive Economic Zone Off Alaska; “Other Rockfish” in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area
Document Number: 2019-17113
Type: Rule
Date: 2019-08-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting retention of ``other rockfish'' in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2019 ``other rockfish'' total allowable catch (TAC) in the Aleutian Islands subarea of the BSAI has been reached.
Special Conditions: The Boeing Company (Boeing) Model 777-9 Series Airplane; Interior Design To Facilitate Searches for Passenger Cabin High Wall Suites
Document Number: 2019-17091
Type: Proposed Rule
Date: 2019-08-09
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for The Boeing Company (Boeing) Model 777-9 series 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. These design features are passenger cabins with high wall suites (HWS). 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.
Energy Conservation Program: Energy Conservation Standards for Unfired Hot Water Storage Tanks
Document Number: 2019-17084
Type: Proposed Rule
Date: 2019-08-09
Agency: Department of Energy
The U.S. Department of Energy (``DOE'') is initiating an effort to determine whether to amend the current uniform national standard for unfired hot water storage tanks (``UFHWSTs''). Under the Energy Policy and Conservation Act of 1975, as amended, DOE must review this standard at least once every six years and publish either a notice of proposed rulemaking (``NOPR'') to propose an amended standard (or standards) for UFHWSTs or a notice of determination that the existing standard does not need to be amended. This request for information (``RFI'') seeks to solicit information from the public to help DOE determine whether an amended standard for UFHWSTs would result a significant energy savings and whether such a standard would be technologically feasible and economically justified. DOE welcomes written comments from the public on any subject within the scope of this document (including topics not raised in this RFI).
Airworthiness Directives; GE Honda Aero Engines Turbofan Engines
Document Number: 2019-17078
Type: Rule
Date: 2019-08-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for all GE Honda Aero Engines (GHAE) HF120 model turbofan engines with a certain fuel pump metering unit (FPMU) assembly. This AD was prompted by damage found on the permanent magnetic alternator (PMA) drive gear within the FPMU assembly. This AD requires removal of a certain FPMU assembly and its replacement with a part eligible for installation. The FAA is issuing this AD to address the unsafe condition on these products.
National Environmental Policy Act (NEPA) Compliance
Document Number: 2019-17071
Type: Proposed Rule
Date: 2019-08-09
Agency: Department of Agriculture, Forest Service
On June 13, 2019, the U.S. Department of Agriculture, Forest Service (Agency) published a proposed rule to revise its National Environmental Policy Act (NEPA) regulations. The Agency is extending the comment period on the proposed rule, which was scheduled to close on August 12, 2019, for 14 days until August 26, 2019.
Special Local Regulations; Annual Les Cheneaux Islands Antique Wooden Boat Show; Hessel, MI.
Document Number: 2019-17055
Type: Rule
Date: 2019-08-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce a special local regulation for the Annual Les Cheneaux Islands Antique Wooden Boat Show on August 10, 2019, from 7 a.m. to 6:30 p.m. to provide for the safety of life on navigable waterways during this event. During the enforcement period, all vessels will operate at a no wake speed and follow the directions of the on-scene Patrol Commander.
Special Conditions: The Boeing Company Model 777 Series Airplanes; Seats With Inertia Locking Devices
Document Number: 2019-17051
Type: Proposed Rule
Date: 2019-08-09
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for The Boeing Company (Boeing) Model 777 series airplanes. These airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. This design feature is an inertia locking device (ILD) installed in passenger seats. 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.
Special Conditions: The Boeing Company Model 737 Series Airplanes; Seats With Inertia Locking Devices
Document Number: 2019-17050
Type: Proposed Rule
Date: 2019-08-09
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for The Boeing Company (Boeing) Model 737 series airplanes. These airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. This design feature is an inertia locking device (ILD) installed in passenger seats. 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.
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Project Emissions Accounting
Document Number: 2019-17019
Type: Proposed Rule
Date: 2019-08-09
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to revise certain New Source Review (NSR) applicability regulations to clarify the requirements that apply to sources proposing to undertake a physical or operational change (i.e., a project) under the NSR preconstruction permitting program. Under this program, an existing major source proposing to undertake a project must determine whether that project will constitute a major modification following a two-step applicability test and thus be subject to the NSR preconstruction permitting requirements. The first step is to determine if the proposed project will cause a ``significant emissions increase'' of a regulated NSR pollutant (Step 1). If the proposed project is projected to cause such an increase, the second step is to determine if there is a ``significant net emissions increase'' of that pollutant (Step 2). In this action, we are proposing to revise our NSR applicability regulations to make it clear that both emissions increases and emissions decreases that result from a given proposed project are to be considered at Step 1 of the NSR major modification applicability test. In addition, this proposal replaces and withdraws the agency's 2006 Project Netting Proposal.
Primary Category Design Standards; Cub Crafters, Inc., Model CC21-180 Airplane
Document Number: 2019-17013
Type: Rule
Date: 2019-08-09
Agency: Federal Aviation Administration, Department of Transportation
These airworthiness design standards are issued to Cub Crafters, Inc., for type certification of the Model CC21-180 airplane under the regulations for primary category aircraft.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2019-17008
Type: Proposed Rule
Date: 2019-08-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 787-8 airplanes. This proposed AD was prompted by a report of an escapement from the wing spar terminal fitting supplier indicating that the engineering requirements provided by Boeing for controlling machine mismatch were incorrect for part faying surfaces, which can result in a reduced fatigue capability at the interface of the side of body (SOB) rib. This proposed AD would require repetitive inspections for fatigue cracking and applicable on- condition actions for the SOB rib webs where fastener locations attach the terminal fittings. The FAA is proposing this AD to address the unsafe condition on these products.
Delay of Class E Airspace Effective Date; Boulder City, NV
Document Number: 2019-16930
Type: Rule
Date: 2019-08-09
Agency: Federal Aviation Administration, Department of Transportation
This action corrects the effective date for the Class E airspace extending upward from 700 feet or more above the surface of the earth at Boulder City, NV. The effective date was listed as August 15, 2019 and should have been October 10, 2019. This does not affect the charted boundaries or operating requirements of the airspace.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2019-16899
Type: Proposed Rule
Date: 2019-08-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede Airworthiness Directive (AD) 2010-26-01, which applies to certain The Boeing Company Model 777-200 series airplanes. AD 2010-26-01 requires installing a new insulation blanket on the latch beam firewall of each thrust reverser (T/R) half. Since AD 2010-26-01 was issued, the agency received a report that the T/R affected by AD 2010-26-01 has the potential to be installed on airplanes outside of the applicability of that AD. This proposed AD would retain the requirements of 2010-26-01. This proposed AD would also add airplanes to the applicability. For those airplanes, this proposed AD would require an inspection to determine if the installed T/R has an affected part number and, if an affected part number is found, installation of a new insulation blanket. The FAA is proposing this AD to address the unsafe condition on these products.
Energy Conservation Program: Test Procedures for Cooking Products
Document Number: 2019-16892
Type: Proposed Rule
Date: 2019-08-09
Agency: Department of Energy
On April 25, 2018, the U.S. Department of Energy (DOE) published a notification of petition from the Association of Home Appliance Manufacturers (AHAM) to withdraw, and immediately stay the effectiveness of, the conventional cooking top test procedure. Based on the review of public comments and data received in response to this petition, DOE proposes to withdraw the test procedure for conventional cooking tops established under the Energy Policy and Conservation Act (EPCA). DOE has tentatively determined that the conventional cooking top test procedure may not accurately represent consumer use for gas cooking tops, may not be repeatable or reproducible for both gas and electric cooking tops, and is overly burdensome to conduct.
New Animal Drugs; Withdrawal of Approval of New Animal Drug Applications
Document Number: 2019-16885
Type: Rule
Date: 2019-08-09
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is withdrawing approval of two new animal drug applications (NADAs) at the sponsors' request because these products are no longer manufactured or marketed.
New Animal Drugs; Approval of New Animal Drug Applications; Withdrawal of Approval of New Animal Drug Applications; Changes of Sponsorship; Change of Sponsors' Names and Addresses
Document Number: 2019-16884
Type: Rule
Date: 2019-08-09
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or we) is amending the animal drug regulations to reflect application-related actions for new animal drug applications (NADAs) and abbreviated new animal drug applications (ANADAs) during January, February, and March 2019. FDA is informing the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable. Technical amendments are also being made to improve the accuracy, consistency, and readability of the regulations.
Subsistence Management Regulations for Public Lands in Alaska-Cook Inlet Area Regulations
Document Number: 2019-16870
Type: Rule
Date: 2019-08-09
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
This final rule revises the regulations for seasons, harvest limits, and methods and means for the subsistence taking of fish in the Cook Inlet Area of Alaska. This action also reorganizes specific regulations addressing the Kenai River, which will provide clarity for the public, and allow the Federal Subsistence Board to correct regulatory conflicts that have arisen based on recent rulemaking.
Partial Approval, Partial Disapproval and Limited Approval, Limited Disapproval of Arizona Air Plan Revisions; Pinal County Air Quality Control District
Document Number: 2019-16786
Type: Rule
Date: 2019-08-09
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is finalizing a partial approval and partial disapproval of revisions to the Pinal County Air Quality Control District (PCAQCD) portion of the Arizona State Implementation Plan (SIP). This action concerns the District's demonstration regarding reasonably available control technology (RACT) requirements and negative declarations for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or ``standards'') in the portion of the Phoenix-Mesa ozone nonattainment area under the jurisdiction of the PCAQCD. The EPA is also finalizing a limited approval and limited disapproval of two PCAQCD rules that regulate emissions from surface coating operations and gasoline dispensing stations that were submitted with its RACT SIP demonstration. This partial disapproval of the RACT SIP and limited disapproval of two PCAQCD rules will trigger sanctions clocks under the CAA that will be stopped if the EPA approves subsequent SIP revisions that correct the rule and RACT SIP deficiencies within 18 months of the effective date of this final action. Under the authority of the Clean Air Act (CAA or the Act), this action simultaneously approves the PCAQCD rules for surface coating operations and storage and loading of gasoline at gasoline dispensing facilities and directs Arizona to correct the rule deficiencies.
Defense Federal Acquisition Regulation Supplement: New World Trade Organization Government Procurement Agreement Country-Australia (DFARS Case 2019-D032)
Document Number: 2019-16772
Type: Rule
Date: 2019-08-09
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add Australia as a new World Trade Organization Government Procurement Agreement (WTO GPA) country.
Defense Federal Acquisition Regulation Supplement: Modification of DFARS Clauses Related to the Display of Hotline Posters (DFARS Case 2019-D011)
Document Number: 2019-16771
Type: Rule
Date: 2019-08-09
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update contact information in two DFARS clauses that address the display of hotline posters.
Defense Federal Acquisition Regulation Supplement: Preference for Certain Commercial Services (DFARS Case 2018-D016)
Document Number: 2019-16767
Type: Rule
Date: 2019-08-09
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to partially implement a section of the National Defense Authorization Act for Fiscal Year 2017 that provides a preference for the acquisition of certain commercial services in contracts that exceed the simplified acquisition threshold. The statute provides for a two-tier approval process, depending on value of the acquisition, if no commercial items are suitable.
Defense Federal Acquisition Regulation Supplement: Undefinitized Contract Actions (DFARS Case 2018-D008)
Document Number: 2019-16766
Type: Rule
Date: 2019-08-09
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Act for Fiscal Years 2017 and 2018. This rule revises requirements for definitizing undefinitized contract actions.
Defense Federal Acquisition Regulation Supplement: Review of Defense Solicitations by Procurement Center Representatives (DFARS Case 2019-D008)
Document Number: 2019-16764
Type: Proposed Rule
Date: 2019-08-09
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2017 that provides limits on the scope of review by the Small Business Administration's procurement center representatives for certain solicitations awarded by or for DoD.
Defense Federal Acquisition Regulation Supplement: Management of Should-Cost Review Process (DFARS Case 2018-D015)
Document Number: 2019-16763
Type: Proposed Rule
Date: 2019-08-09
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2018, which requires an amendment to the DFARS to provide for the appropriate use of the should-cost review process of a major weapon system.
Mitigation of Beyond-Design-Basis Events
Document Number: 2019-16600
Type: Rule
Date: 2019-08-09
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations that establish regulatory requirements for nuclear power reactor applicants and licensees to mitigate beyond-design-basis events. The NRC is making generically applicable the requirements in NRC orders for mitigation of beyond-design-basis events and for reliable spent fuel pool instrumentation (SFPI). This rule also addresses a number of petitions for rulemaking (PRMs) submitted to the NRC following the March 2011 Fukushima Dai-ichi event. This rulemaking is applicable to power reactor licensees and power reactor license applicants.
Medicare Program: Proposed Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Price Transparency of Hospital Standard Charges; Proposed Revisions of Organ Procurement Organizations Conditions of Coverage; Proposed Prior Authorization Process and Requirements for Certain Covered Outpatient Department Services; Potential Changes to the Laboratory Date of Service Policy; Proposed Changes to Grandfathered Children's Hospitals-Within-Hospitals
Document Number: 2019-16107
Type: Proposed Rule
Date: 2019-08-09
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Office of the Secretary
This proposed rule proposes revisions to the Medicare hospital outpatient prospective payment system (OPPS) and the Medicare ambulatory surgical center (ASC) payment system for CY 2020 based on our continuing experience with these systems. In this proposed rule, we describe the proposed changes to the amounts and factors used to determine the payment rates for Medicare services paid under the OPPS and those paid under the ASC payment system. In addition, this proposed rule would update and refine the requirements for the Hospital Outpatient Quality Reporting (OQR) Program and the ASC Quality Reporting (ASCQR) Program. In addition, in this proposed rule, we are proposing to establish requirements for all hospitals in the United States for making hospital standard charges available to the public; establish a process and requirements for prior authorization for certain covered outpatient department services; revise the conditions for coverage of organ procurement organizations; and revise the regulations to allow grandfathered children's hospitals-within- hospitals to increase the number of beds without resulting in the loss of grandfathered status. We also solicit comments on potential revisions to the laboratory date of service policy under the Clinical Laboratory Fee Schedule. Finally, we solicit comments on an appropriate remedy in litigation involving our OPPS payment policy for 340B- acquired drugs, which would inform future rulemaking in the event of an adverse decision on appeal in that litigation.
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