August 2019 – Federal Register Recent Federal Regulation Documents

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is extending for an additional 60 days the comment periods for the two notices of proposed rulemaking it published on July 1, 2019, entitled, ``Elimination of Certain Standards of Fill for Wine'' and ``Elimination of Certain Standards of Fill for Distilled Spirits; Amendment of Malt Beverage Net Contents Labeling Regulation.'' TTB is taking this action in response to requests to extend the comment periods for those proposed rulemakings made by several interested parties.

This regulation establishes tolerances for residues of propiconazole in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project No. 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This final rule revises regulations for seasons, harvest limits, methods, and means related to taking of fish for subsistence uses in Alaska during the 2019-2020 and 2020-2021 regulatory years. The Federal Subsistence Board (Board) completes the biennial process of revising subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable biennial cycle. This rule also revises fish customary and traditional use determinations.

The Environmental Protection Agency (EPA) is taking final action to approve two revisions to the Jefferson County portion of the Kentucky State Implementation Plan (SIP), provided by the Commonwealth of Kentucky, through the Kentucky Division of Air Quality (KDAQ), through a letter dated March 15, 2018. The revisions were submitted by KDAQ on behalf of the Louisville Metro Air Pollution Control District (also referred to herein as Jefferson County) and add a recordkeeping provision for certain sources of volatile organic compounds along with other administrative changes. EPA is approving the changes because they are consistent with the Clean Air Act (CAA or Act).

This action proposes to modify Class E airspace extending upward from 700 feet above the surface at Alpine-Casparis Municipal Airport, Alpine, TX. This action is necessary due to the decommissioning of the Brewster County non-directional radio beacon (NDB), and cancellation of the NDB approach, and would enhance the safety and management of standard instrument approach procedures for instrument flight rules (IFR) operations at this airport. Additionally, the geographic coordinates are being updated to coincide with the FAA's aeronautical database.

On July 23, 2019, the U.S. Department of Energy (``DOE'') published in the Federal Register a notice of proposed rulemaking regarding proposals to amend the test procedures for clothes dryers and to request comment on the proposals and other aspects of clothes dryer testing. This notice also announced a webinar to be held on August 14, 2019, and stated that DOE would hold a public meeting on the proposal if one was requested by August 6, 2019. On July 29, 2019, DOE received a comment requesting a public meeting; therefore, DOE is announcing a public meeting to be held on August 28, 2019, which will also be available as a webinar, and is cancelling the previously announced webinar scheduled for August 14, 2019.

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to support the Small Business Administration's (SBA) policy of including overseas contracts in agency small business contracting goals. This amendment is consistent with SBA's regulatory changes, which clarify that small business contracting provisions, e.g., set-asides, may apply to contracts performed overseas.

This proposed rulemaking would revise the Legal Services Corporation's (LSC or Corporation) regulations addressing the use of non-LSC funds by LSC recipients and the requirement that recipients maintain program integrity with respect to other entities that engage in LSC-restricted activities, and also providing cost standards for LSC grants and permits LSC to question costs when a recipient uses non-LSC funds in violation of LSC rules. LSC proposes technical and stylistic updates to both rules without any substantive changes.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The NCUA Board (Board) is issuing a final rule to update its regulations to reflect the renaming of its ``Office of Public and Congressional Affairs.'' The office was recently renamed the ``Office of External Affairs and Communications.''

The National Marine Fisheries Service is correcting an error in the alternatives section of a proposed rule that published on July 12, 2019. In that proposed rule, NMFS proposes to adjust regulatory measures that reduce bluefin tuna bycatch in the pelagic longline fishery for Atlantic highly migratory species (HMS). The preferred alternative for the Spring Gulf of Mexico Gear Restricted Area includes an evaluation period to determine whether current area-based management measures remain necessary to reduce and/or maintain low numbers of bluefin tuna discards and interactions in the pelagic longline fishery. The description of this alternative included two timing errors, one about the evaluation period and one about the applicable months for actions within the alternative. This action corrects the errors.