September 28, 2020 – Federal Register Recent Federal Regulation Documents

The Office of the Secretary proposes to exempt records maintained in CIG-26, ``Case Control SystemInvestigative.'' The System of Records Notice was published in the Federal Register on August 9, 2011. This rule is being published as a direct final rule as the DoD does not expect to receive any adverse comments. If such comments are received, this direct final rule will be cancelled and a proposed rule for comments will be published.

The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 to Regulatory Guide (RG) 3.72, ``Guidance for Implementation of Changes, Tests, and Experiements.'' Revision 1 to RG 3.72 endorses Nuclear Energy Institute (NEI) 12-04, Revision 2. NEI 12-04, Revision 2, updates and revises previous guidance to incorporate operating experience and NRC's inspection findings. In addition, RG 3.72, Revision 1, changes the NRC's guidance on departures from a method of evaluation (MOE) and the NRC's approval of an MOE.

In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements associated with the Uniform License Renewal, Discontinuance of Operation, and Geographic Partitioning and Spectrum Disaggregation Rules and Policies for Certain Wireless Radio Services Second Report and Order and the Report and Order on the Commission's Rules to Facilitate the Use of Vehicular Repeater Units. This document is consistent with the Second Report and Order, Report and Order, all of which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the information collection requirements.

In this supplemental notice of proposed rulemaking, the Environmental Protection Agency (EPA) is supplementing the proposal published on January 15, 2020, and pursuant to the Federal Clean Air Act (CAA or the Act), the EPA is notifying the public that we have received CAA section 111(d)/129 negative declarations from New Mexico and Albuquerque-Bernalillo County, New Mexico, for existing incinerators subject to the Other Solid Waste Incineration units (OSWI) emission guidelines (EG). The information provided in the negative declaration letter previously submitted by New Mexico on October 11, 2007, and addressed in our January 15, 2020 proposal, was clarified and reaffirmed in a June 15, 2020, negative declaration letter from New Mexico. The negative declarations from New Mexico and Albuquerque- Bernalillo County, New Mexico, certify that incinerators subject to the OSWI EG and the requirements of sections 111(d) and 129 of the CAA do not exist within the jurisdictions of New Mexico and Albuquerque- Bernalillo County. The EPA is supplementing our previous proposal and proposing to accept the negative declarations and amend the Code of Federal Regulations (CFR) in accordance with the requirements of the CAA.

This final rule implements civil money penalties authority provided to all Federal health care programs, including the TRICARE program, under the Social Security Act. This authority allows the Secretary of Defense as the administrator of a Federal health care program to impose civil money penalties (CMPs or penalties) as described in section 1128A of the Social Security Act against providers and suppliers who commit fraud and abuse in the TRICARE program. This final rule establishes a program within the DoD to impose CMPs for certain unlawful conduct in the TRICARE program. To the extent applicable, this final rule adopts the Department of Health and Human Service's (HHS's) well-established CMP rules and procedures. The program to impose CMPs within TRICARE is called the Military Health Care Fraud and Abuse Prevention Program. The Defense Health Agency (DHA) shall be the agency within the DoD responsible for administering the Military Health Care Fraud and Abuse Prevention Program.

In order to streamline FDIC regulations, the FDIC proposes to rescind and remove from the Code of Federal Regulations rules entitled ``Prompt Corrective Action'' that were transferred to the FDIC from the Office of Thrift Supervision (OTS) on July 21, 2011, in connection with the implementation of Title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), and amend certain sections of existing FDIC regulations governing the issuance and review of orders pursuant to the prompt corrective action provisions of the Federal Deposit Insurance Act to make it clear that such rules apply to all insured depository institutions for which the FDIC is the appropriate Federal banking agency.

The Department of Commerce (Department) issues regulations to implement the requirements of an Executive order entitled ``Promoting the Rule of Law Through Improved Agency Guidance Documents'' signed October 9, 2019. Consistent with the Executive order, these regulations require that the Department clearly state that guidance documents issued by the Department do not bind the public, except as authorized by law or as incorporated into a contract; establish procedures for the public to petition for withdrawal or modification of guidance documents; and provide, with certain exceptions, that for significant guidance documents, the Department will submit those documents for review by the Office of Management and Budget's (OMB's) Office of Information and Regulatory Affairs (OIRA) and provide for a period of public notice and comment of at least 30 days.

In this Report and Order, the Commission repeals two rules regarding access to FM and TV broadcast antenna sites. These rules prohibit the grant or renewal of an FM or TV broadcast license to any person who owns, leases, or controls a particular site which is peculiarly suitable for such broadcasting in a particular area, if: The site is not available for use by other such licensees, no other comparable site is available in the area, and the exclusive use of the site would unduly limit the number of such stations that can be licensed or unduly restrict competition among those stations. After review of the record, the Commission concludes that these rules no longer serve any practical purpose in light of the significant broadcast infrastructure development since the rules were first adopted 75 years ago. Therefore, the Commission determines that it is in the public interest to eliminate them.