Agencies and Commissions January 15, 2020 – Federal Register Recent Federal Regulation Documents
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Civil Monetary Penalty Annual Inflation Adjustment
Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule provides the 2020 adjustment to the civil penalties that the agency may assess against a person for violating certain NTSB statutes and regulations.
Presidential Declaration Amendment of a Major Disaster for Public Assistance Only for the State of South Dakota
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of South Dakota (FEMA4469DR), dated 11/18/2019. Incident: Severe Storms, Tornadoes, and Flooding. Incident Period: 09/09/2019 through 09/26/2019.
Request for Medicare Payment Advisory Commission (MedPAC) Nominations
The Balanced Budget Act of 1997 established the Medicare Payment Advisory Commission (MedPAC) and gave the Comptroller General responsibility for appointing its members. GAO is now accepting nominations for MedPAC appointments that will be effective May 2020. Nominations should be sent to the email or mailing address listed below. Acknowledgement of submissions will be provided within a week of submission.
Presidential Declaration Amendment of a Major Disaster for the State of South Dakota
This is an amendment of the Presidential declaration of a major disaster for the State of South Dakota (FEMA-4469-DR), dated 11/ 18/2019. Incident: Severe Storms, Tornadoes, and Flooding. Incident Period: 09/09/2019 through 09/26/2019.
Presidential Declaration Amendment of a Major Disaster for Public Assistance Only for the State of Mississippi
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Mississippi (FEMA-4470-DR), dated 12/06/2019. Incident: Severe Storm, Straight-line Winds, and Flooding. Incident Period: 10/26/2019.
Certain Wearable Monitoring Devices, Systems, and Components Thereof Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 10, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Philips North America, LLC of Andover, Massachusetts and Koninklijke Philips N.V. of Eindhoven, Netherlands. Supplements to the complaint were filed on December 13 and 30, 2019. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain wearable monitoring devices, systems, and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,845,228 (``the '228 patent''); U.S. Patent No. 9,820,698 (``the '698 patent''); U.S. Patent No. 9,717,464 (``the '464 patent''); and U.S. Patent No. 9,961,186 (``the '186 patent''). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Certain Dissolving Microneedle Patches for Cosmetic and Pharmaceutical Use; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 21, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of TheraJect, Inc. of Fremont, California. Supplements were filed on November 27 and December 2, 2019. A first amended complaint was filed on December 10, 2019, and a second amended complaint was filed on December 19, 2019. The second amended complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain dissolving microneedle patches for cosmetic and pharmaceutical use by reason of infringement of certain claims of U.S. Patent No. 6,945,952 (``the '952 patent''). The second amended complaint further alleges that an industry in the United States is in the process of being established as required by the applicable Federal Statute. The second amended complaint requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order. Addresses: The second amended complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Room 112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205- 2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
Office of Federal High-Performance Buildings; Green Building Advisory Committee; Notification of Upcoming Conference Calls
Notice of this meeting and these conference calls is being provided according to the requirements of the Federal Advisory Committee Act. This notice provides the agendas and schedules for the June 11, 2020 meeting of the Green Building Advisory Committee (the Committee) and the schedule for a series of conference calls for two task groups of the Committee. The in-person meeting is open to the public and the site is accessible to individuals with disabilities. The task group conference calls are open for the public to listen in. Interested individuals must register to attend as instructed below under Supplementary Information.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The FTC requests that the Office of Management and Budget (OMB) extend for three years the current PRA clearance for information collection requirements contained in the FTC's Consumer Product Warranty Rule (Warranty Rule or Rule). The current clearance expires on January 31, 2020.
Wood Mouldings and Millwork Products From Brazil and China; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-636 and 731-TA-1469-1470 (Preliminary) pursuant to the Tariff Act of 1930 (``the Act'') to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of wood mouldings and millwork products from Brazil and China, primarily provided for in subheadings 4409.10.40, 4409.10.45, 4409.10.50, 4409.22.40, 4409.22.50, 4409.29.41, and 4409.29.51 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. Unless the Department of Commerce (``Commerce'') extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by February 24, 2020. The Commission's views must be transmitted to Commerce within five business days thereafter, or by March 2, 2020.
Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation
This rule implements inflation adjustments to civil money penalties (CMPs) that the Farm Credit System Insurance Corporation (FCSIC) may impose under the Farm Credit Act of 1971, as amended. These adjustments are required by 2015 amendments to the Federal Civil Penalties Inflation Adjustment Act of 1990.
Annual Adjustment of Civil Monetary Penalties To Reflect Inflation
The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) requires the Federal Communications Commission to amend its forfeiture penalty rules to reflect annual adjustments for inflation in order to improve their effectiveness and maintain their deterrent effect. The Inflation Adjustment Act provides that the new penalty levels shall apply to penalties assessed after the effective date of the increase, including when the penalties whose associated violation predate the increase.
Postal Service Performance Report and Performance Plan
On December 27, 2019, the Postal Service filed the FY 2019 Performance Report and FY 2020 Performance Plan with its FY 2019 Annual Compliance Report. This notice informs the public of the filing, invites public comment, and takes other administrative steps.
Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits
This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single- Employer Plans to prescribe certain interest assumptions under the regulation for plans with valuation dates in February 2020. These interest assumptions are used for paying certain benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.
Revision of the NRC Enforcement Policy
The U.S. Nuclear Regulatory Commission (NRC) is publishing a revision to its Enforcement Policy to address the requirements of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The 2015 Improvements Act amended the Federal Civil Penalties Inflation Adjustment Act (FCPIAA) of 1990, and now requires Federal agencies to adjust their maximum civil monetary penalty annually for inflation.
Adjustment of Civil Penalties for Inflation for Fiscal Year 2020
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to adjust the maximum civil monetary penalties it can assess under statutes enforced by the agency. These changes are mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The NRC is amending its regulations to adjust the maximum civil monetary penalty for a violation of the Atomic Energy Act of 1954, as amended, or any regulation or order issued under the Atomic Energy Act from $298,211 to $303,471 per violation, per day. Additionally, the NRC is amending provisions concerning program fraud civil penalties by adjusting the maximum civil monetary penalty under the Program Fraud Civil Remedies Act from $11,463 to $11,665 for each false claim or statement.
Adjustment of Civil Penalties for Inflation
The Pension Benefit Guaranty Corporation is required to amend its regulations annually to adjust for inflation the maximum civil penalty for failure to provide certain notices or other material information and for failure to provide certain multiemployer plan notices.
Federal Acquisition Regulation; Federal Acquisition Circular 2020-04; Small Entity Compliance Guide
This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rule appearing in Federal Acquisition Circular (FAC) 2020-04, which amends the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding this rule by referring to FAC 2020-04, which precedes this document. These documents are also available via the internet at https:// www.regulations.gov.
Federal Acquisition Regulation; Trade Agreements Thresholds
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to incorporate revised thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative.
Federal Acquisition Regulation; Federal Acquisition Circular 2020-04; Introduction
This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2020-04. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the internet at https://www.regulations.gov.
Amendments to Rule 2-01, Qualifications of Accountants
We are proposing amendments to update certain auditor independence requirements as a result of recent feedback received from the public and our experience administering these requirements since their initial adoption nearly two decades ago. The proposed amendments would more effectively focus the independence analysis on those relationships or services that are more likely to pose threats to an auditor's objectivity and impartiality.
Implementation of the National Suicide Hotline Improvement Act of 2018
In this document, the Federal Communications Commission proposes to designate 988 as a simple, easy-to-remember, 3-digit dialing code for a national suicide prevention and mental health crisis hotline. We propose that all telecommunications carriers and interconnected VoIP providers be required to implement 988 in their networks within 18 months. We seek comment on these proposals and related issues, such as technical barriers to implementation and costs.
Disclosure of Payments by Resource Extraction Issuers
We are proposing Rule 13q-1 and an amendment to Form SD to implement Section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank Act'') relating to disclosure of payments by resource extraction issuers. Section 1504 of the Dodd- Frank Act added Section 13(q) to the Securities Exchange Act of 1934. Section 13(q) directs the Commission to issue rules requiring resource extraction issuers to include in an annual report information relating to payments made to a foreign government or the Federal Government for the purpose of the commercial development of oil, natural gas, or minerals. Section 13(q) requires these issuers to provide information about the type and total amount of payments made for each of their projects related to the commercial development of oil, natural gas, or minerals, and the type and total amount of payments made to each government. In addition, Section 13(q) requires a resource extraction issuer to provide information about those payments in an interactive data format.
Amending the “Accredited Investor” Definition
We are proposing amendments to the definition of ``accredited investor'' in our rules to add new categories of qualifying natural persons and entities and to make certain other modifications to the existing definition. The proposed amendments are intended to update and improve the definition in order to identify more effectively institutional and individual investors that have the knowledge and expertise to participate in our private capital markets and therefore do not need the additional protections of registration under the Securities Act of 1933. We are also proposing amendments to the qualified institutional buyer definition in Rule 144A under the Securities Act that would expand the list of entities that are eligible to qualify as qualified institutional buyers.
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