September 2020 – Federal Register Recent Federal Regulation Documents

The Office of Community Services (OCS), Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS), is requesting a 3-year extension of the form OCS-0024: Low Income Home Energy Assistance Program (LIHEAP) Model Plan Application (OMB #0970-0075, expiration 09/30/2020). There are no changes requested to the form.

The Office of Refugee Resettlement (ORR), Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS), is requesting to continue the data collection approved by the Office of Management and Budget (OMB) under expedited review.

The FHWA invites public comments about our intention to request approval from the Office of Management and Budget (OMB) for a new information collection, which is summarized below under Supplementary Information. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

This final notice announces our decision to approve the National Association of Boards of Pharmacy for initial recognition as a national accrediting organization for home infusion therapy suppliers that wish to participate in the Medicare program. A home infusion therapy supplier that participates must meet the Medicare conditions for coverage.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

This notice announces the annual adjustment in the amount in controversy (AIC) threshold amounts for Administrative Law Judge (ALJ) hearings and judicial review under the Medicare appeals process. The adjustment to the AIC threshold amounts will be effective for requests for ALJ hearings and judicial review filed on or after January 1, 2021. The calendar year 2021 AIC threshold amounts are $180 for ALJ hearings and $1,760 for judicial review.

This notice is provided in accordance with the Council on Environmental Quality's regulations and Tennessee Valley Authority's (TVA's) procedures for implementing the National Environmental Policy Act (NEPA). TVA has decided to adopt the Preferred Alternative identified in the Gallatin Fossil Plant (GAF) Surface Impoundment Closure and Restoration Project Environmental Impact Statement. The Final Environmental Impact Statement (EIS) was made available to the public on August 7, 2020. A Notice of Availability of the Final EIS was published in the Federal Register on August 14, 2020. The Preferred Alternative is ``Closure of the Ash Pond Complex (APC) via Closure-by- Removal and Expansion of the Existing Onsite Landfill.'' This alternative would achieve the purpose and need of the project to support the implementation of TVA's goal to eliminate all wet Coal Combustion Residuals (CCR) storage at its coal plants by closing CCR surface impoundments across the TVA system and to comply with the U.S. Environmental Protection Agency's CCR Rule and other applicable federal and state statutes and regulations. The proposed actions would also provide long-term onsite landfill space for operations and/or storage of CCR.

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.

This notice announces the Environmental Protection Agency (EPA) approval of the State of Texas's request to revise/modify certain of its EPA-authorized programs to allow electronic reporting.

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.

The Department of Justice (DOJ), Justice Management Division, Office of Attorney Recruitment and Management (OARM), will be submitting this information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The information collection is a Request for Corrective Action Form, available on OARM's public website, for current and former employees of, or applicants for employment with, the Federal Bureau of Investigation (FBI) who wish to file a claim of whistleblower reprisal.

Through this temporary rule, NMFS implements accountability measures (AMs) for the red snapper recreational sector private angling component in the Gulf of Mexico (Gulf) off Louisiana for the 2020 fishing year. Based on information provided by the Louisiana Department of Wildlife and Fisheries (LDWF), NMFS has determined that the 2019 Louisiana regional management area private angling component annual catch limit (ACL) for Gulf red snapper was exceeded. Therefore, NMFS reduces the 2020 private angling component ACL of Gulf red snapper for the Louisiana regional management area. This reduction will remain in effect through the remainder of the current fishing year on December 31, 2020, and is necessary to protect the Gulf red snapper resource.

On June 3, 2020, the Bureau of Industry and Security (BIS) published the Notice of Request for Public Comments on Section 232 National Security Investigation of Imports of Vanadium. The June 3 notice specified that the Secretary of Commerce initiated an investigation to determine the effects on the national security of imports of vanadium. This investigation was initiated under section 232 of the Trade Expansion Act of 1962, as amended. The June 3 notice invited interested parties to submit written comments, data, analyses, or other information pertinent to the investigation to the Department of Commerce's Bureau of Industry and Security. The deadline for written comments was July 20, 2020, and the rebuttal comment deadline was August 17, 2020. Today's notice reopens the public comment period with a deadline of October 9, 2020. BIS has posted the initial application for a section 232 investigation into imports of vanadium, titled ``Petition for Relief Under Section 232,'' (dated November 19, 2019) and supplemental information (dated April 2, 2020), as submitted by the applicant, on https://www.regulations.gov in the interests of transparency and to allow additional public comment. Public versions of the exhibits are available online (see the ADDRESSES section).