Unknown. Final rule; technical amendments

5,087 words·~23 min read·/register/2019/04/01/2019-06263

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2019-04-01.xml --- 84 62 Monday, April 1, 2019 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12251-12256 2019-06192 2019-06193 Agriculture Agriculture Department See Rural Housing Service See Rural Utilities Service AIRFORCE Air Force Department NOTICES Meetings: Scientific Advisory Board, 12236 2019-06167 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau RULES Removal of Expired Regulations Concerning Commerce in Firearms and Ammunition and Machine Guns, Destructive Devices, and Certain Other Firearms, 12093-12095 2019-06264 Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents, 12095-12098 2019-06266 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12234-12236 2019-06171 2019-06172 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, Etiologic and Effectiveness Research to Address Polysubstance Impaired Driving, 12256 2019-06146 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicaid Program: Covered Outpatient Drug; Line Extension Definition; and Change to the Rebate Calculation for Line Extension Drugs, 12130-12137 2019-06274 NOTICES Medicare and Medicaid Programs:

Application from the American Association for Accreditation of Ambulatory Surgery Facilities, Inc. for its Outpatient Physical Therapy and Speech Language Pathology Services Accreditation Program, 12260-12262 2019-06149 Medicare Program: Meeting Announcement for the Medicare Advisory Panel on Clinical Diagnostic Laboratory Tests, 12256-12257 2019-06147 Public Meeting on June 24, 2019 Regarding New and Reconsidered Clinical Diagnostic Laboratory Test Codes for the Clinical Laboratory Fee Schedule for Calendar Year 2020, 12257-12260 2019-06148 Civil Rights Civil Rights Commission NOTICES Meetings:

Louisiana Advisory Committee, 12193-12194 2019-06198 Montana Advisory Committee, 12194 2019-06197 Coast Guard Coast Guard RULES Safety Zone: Missouri River, Miles 226-360, Glasgow, MO to Kansas City, MO, 12120-12122 2019-06093 Seafarers' Access to Maritime Facilities, 12102-12119 2019-06272 Special Local Regulation: Chesapeake Bay, Between Sandy Point and Kent Island, MD, 12099-12102 2019-06204 PROPOSED RULES Special Local Regulations: Charlevoix Venetian Night Boat Parade Charlevoix, MI, 12178-12179 2019-06229 NOTICES Environmental Assessments;

Availability, etc.: Proposed Construction of Railroad Bridges Across Sand Creek and Lake Pend Oreille at Sandpoint, Bonner County, ID, 12267-12268 2019-06241 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Commodity Futures Commodity Futures Trading Commission RULES Amendment to Comparability Determination for Japan:

Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants, 12074-12081 2019-06152 De Minimis Exception to the Swap Dealer Definition—Swaps Entered into by Insured Depository Institutions in Connection with Loans to Customers, 12450-12475 2019-06109 Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants, 12065-12073 2019-06103 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12233-12234 2019-06168 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Daily Trade and Supporting Data Reports, 12232-12233 2019-06153 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Funding and Liquidity Risk Management, 12325-12326 2019-06154 Leveraged Lending, 12326-12327 2019-06151 Municipal Securities Dealers and Government Securities Brokers and Dealers—Registration and Withdrawal, 12324-12325 2019-06155 Copyright Royalty Board Copyright Royalty Board NOTICES Distribution of 2000-2003 Cable Royalty Funds, 12295-12296 2019-06222 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement:

Consent to Subcontract, 12140-12141 2019-06250 Modification of DFARS Clause Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns, 12141-12142 2019-06247 Repeal of Certain Defense Acquisition Laws, 12137 2019-06249 Repeal of Congressional Notification for Certain Task- and Delivery-Order Contracts, 12139-12140 2019-06251 Repeal of DFARS Clause Oral Attestation of Security Responsibilities, 12138-12139 2019-06253 Technical Amendments, 12140 2019-06254 PROPOSED RULES Defense Federal Acquisition Regulation Supplement:

Demonstration Project for Contractors Employing Persons with Disabilities, 12182-12187 2019-06248 Nonmanufacturer Rule for 8(a) Participants, 12187-12189 2019-06252 Use of Fixed-Price Contracts, 12179-12182 2019-06246 Defense Department Defense Department See Air Force Department See Defense Acquisition Regulations System See Engineers Corps See Navy Department RULES Civil Monetary Penalty Inflation Adjustment, 12098-12099 2019-06164 NOTICES Meetings: Defense Innovation Board, 12236-12237 2019-06273 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 2016/20 Baccalaureate and Beyond Full-Scale Study Panel Maintenance, 12239 2019-06224 Annual Performance Report for the Gaining Early Awareness for Undergraduate Programs, 12239-12240 2019-06269 Employment and Training Employment and Training Administration RULES Labor Certification Process for Temporary Employment in the Commonwealth of the Northern Mariana Islands (CW-1 Workers), 12380-12448 2019-05937 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Cost Sharing:

Energy Policy Act, 12047-12049 2019-06263 PROPOSED RULES Energy Conservation Program: Energy Conservation Standards for General Service Lamps, 12143 2019-06265 NOTICES Energy Conservation Program: Extension of Waiver to Dyson, Inc. from the Battery Chargers Test Procedure, 12240-12242 2019-06279 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Willamette Valley System Operations and Maintenance, 12237-12238 2019-06258 Environmental Protection Environmental Protection Agency NOTICES Meetings:

Human Studies Review Board, 12246-12247 2019-06283 Requests for Nominations: Human Studies Review Board Advisory Committee, 12247-12248 2019-06285 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 12248-12249 2019-06397 Federal Aviation Federal Aviation Administration RULES Statement of Policy for Authorizations to Operators of Aircraft that are Not Equipped with Automatic Dependent Surveillance-Broadcast Out Equipment, 12062-12065 2019-06184 PROPOSED RULES Airworthiness Directives:

The Boeing Company Airplanes, 12143-12146 2019-06031 Amendment of Class B and Class C Airpace: Miami and Fort Lauderdale, FL; Meeting, 12146-12147 2019-06183 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 12242-12243, 12245-12246 2019-06225 2019-06226 Environmental Assessments; Availability, etc.: Sappi North America, Inc., 12243 2019-06236 License Application: Appalachian Power Co., 12244-12245 2019-06235 Request Under Blanket Authorization: National Fuel Gas Supply Corp., 12243-12244 2019-06234 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers;

Exemption Applications: Epilepsy and Seizure Disorders, 12317-12322 2019-06243 2019-06244 2019-06245 Federal Reserve Federal Reserve System RULES Federal Reserve Policy on Payment System Risk; U.S. Branches and Agencies of Foreign Banking Organizations, 12049-12059 2019-06063 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Privacy Act; Systems of Records, 12249-12251 2019-06165 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species: Recovery Permit Applications, 12270-12271 2019-06169 Permit Applications:

Foreign Endangered Species; Marine Mammals, 12268-12270 2019-06212 Food and Drug Food and Drug Administration RULES Medical Devices: Orthopedic Devices; Classification of Posterior Cervical Screw Systems, 12088-12093 2019-06024 Medical Devices; Technical Amendment, 12083 2019-06139 Microbiology Devices: Classification of In Vitro Diagnostic Devices for Bacillus Species Detection, 12083-12088 2019-06026 Reinstatement of Color Additive Listing for Lead Acetate, 12081-12083 2019-06238 PROPOSED RULES Radiological Health Regulations:

Amendments to Records and Reports for Radiation Emitting Electronic Products; Amendments to Performance Standards for Diagnostic X-ray, Laser and Ultrasonic Products, 12147-12169 2019-05822 NOTICES Issuance of Priority Review Voucher: Material Threat Medical Countermeasure Product, 12262 2019-06145 Withdrawal of Approval of 16 New Drug Applications: Teva Women's Health, Inc., et al., 12262-12263 2019-06237 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity:

BWF America, Inc., Foreign-Trade Zone 47, Boone County, KY, 12194-12195 2019-06215 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Earth Explorer User Registration Service, 12271-12272 2019-06196 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Findings of Research Misconduct, 12264-12265 2019-06206 Meetings:

Office of Global Affairs: Stakeholder Listening Session in Preparation for the 72nd World Health Assembly, 12264 2019-06207 Health Resources Health Resources and Services Administration NOTICES Charter Renewal: Advisory Committee on Interdiciplinary, Community-Based Linkages, 12263-12264 2019-06162 Advisory Committee on Training in Primary Care Medicine and Dentistry, 12264 2019-06161 Homeland Homeland Security Department See Coast Guard Indian Affairs Indian Affairs Bureau NOTICES Helping Expedite and Advance Responsible Tribal Homeownership Act Approval of Minnesota Chippewa Tribe, Minnesota, Fond du Lac Band Leasing Ordinance, 12272-12273 2019-06295 Indian Gaming:

Approval of Tribal-State Class III Gaming Compact Amendment in the State of South Dakota, 12273 2019-06296 Industry Industry and Security Bureau NOTICES Meetings: Sensors and Instrumentation Technical Advisory Committee, 12196 2019-06240 Order Denying Export Privileges: Arnoldo Antonio Arredondo, 12196-12197 2019-06186 Mohan L. Nirala, 12197-12198 2019-06185 Recruitment of Members: Technical Advisory Committees, 12195-12196 2019-06239 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See National Park Service See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Corporate Reorganizations;

Guidance on the Measurement of Continuity of Interest, 12169-12170 2019-06159 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Advance Notification of Sunset Review, 12199-12200 2019-06218 Certain Softwood Lumber Products from Canada, 12209-12227 2019-06221 Initiation of Administrative Reviews, 12200-12207 2019-06220 Initiation of Five-Year (Sunset) Reviews, 12227-12229 2019-06217 Opportunity to Request Administrative Review, 12207-12209 2019-06213 Determination in the Less-Than-Fair-Value Investigation:

Mattresses from the People's Republic of China, 12198-12199 2019-06214 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof, 12292-12293 2019-06209 Certain Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare Parts, 12289 2019-06194 Circular Welded Carbon Quality Steel Line Pipe from China; Institution of Five-Year Reviews, 12285-12287 2019-06189 Crawfish Tail Meat from China;

Institution of a Five-Year Review, 12289-12292 2019-06190 Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan; Institution of a Five-Year Review, 12282-12285 2019-06195 Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic, Tenth Annual Review, 12287-12289 2019-06191 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Proposed Consent Decree:

Clean Air Act, 12293-12294 2019-06257 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Solution for Solicitation for Funding Opportunity Announcement Responses, 12294-12295 2019-06210 Land Land Management Bureau NOTICES Plats of Survey: California, 12273-12274 2019-06277 Library Library of Congress See Copyright Royalty Board National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Reports, Forms, and Record Keeping Requirements, 12322-12323 2019-06271 National Institute National Institutes of Health NOTICES Meetings: Clinical Center, 12266 2019-06230 National Cancer Institute, 12267 2019-06231 National Institute of Diabetes and Digestive and Kidney Diseases, 12266 2019-06232 Office of the Director, 12266 2019-06233 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Takes of Marine Mammals Incidental to Specified Activities:

Oil and Gas Activities in Cook Inlet, Alaska, 12330-12377 2019-05781 NOTICES Meetings: New England Fishery Management Council, 12230-12231 2019-06228 Science Advisory Board, 12230 2019-06300 Western Pacific Fishery Management Council; Correction, 12229-12230 2019-06227 National Park National Park Service NOTICES Inventory Completion: Sam Noble Oklahoma Museum of Natural History, Norman, OK, 12274-12277 2019-06268 National Register of Historic Places: Pending Nominations and Related Actions, 12277 2019-06208 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings:

Multistakeholder Process on Promoting Software Component Transparency, 12231-12232 2019-06211 Navy Navy Department PROPOSED RULES Policies and Responsibilities for Implementation of the National Environmental Policy Act within the Department of the Navy, 12170-12177 2019-06156 NOTICES Environmental Impact Statements; Availability, etc.: Mariana Islands Training and Testing, 12238 2019-06028 Government-Owned Inventions; Available for Licensing, 12238 2019-06163 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Request for Information Regarding Recommendations 2.1, 2.3 and 9.3, of the Near Term Task Force Review of Insights from the Fukushima Dai-ichi Event, 12297-12298 2019-06157 Meetings; Sunshine Act, 12296-12297 2019-06402 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: Whistleblower Stakeholder, 12295 2019-06267 Ocean Energy Management Ocean Energy Management Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Leasing of Sulfur or Oil and Gas in the Outer Continental Shelf, 12277-12282 2019-06219 Personnel Personnel Management Office NOTICES Meetings: Federal Prevailing Rate Advisory Committee; Cancellation, 12298 2019-06173 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 12298 2019-06407 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Federal Housing Finance Reform (Memorandum of March 27, 2019), 12477-12482 2019-06441 Rural Housing Service Rural Housing Service NOTICES Community Facilities Technical Assistance and Training Grant for Fiscal Year 2019, 12190-12193 2019-06203 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12193 2019-06202 Securities Securities and Exchange Commission RULES Adoption of Updated Electronic Data Gathering, Analysis, and Retrieval System Filer Manual, 12073-12074 2019-06261 NOTICES Application: Generation Investment Management US, LLP and Generation Investment Management, LLP, 12298-12301 2019-06158 Meetings; Sunshine Act, 12310-12311 2019-06307 Self-Regulatory Organizations; Proposed Rule Changes: Cboe EDGX Exchange, Inc., 12301-12304 2019-06179 Cboe Exchange, Inc., 12308-12310 2019-06177 Financial Industry Regulatory Authority, Inc., 12306-12307, 12311-12316 2019-06176 2019-06180 NYSE American, LLC, 12304-12306 2019-06182 NYSE Arca, Inc., 12304, 12307-12308, 12310 2019-06175 2019-06178 2019-06181 Small Business Small Business Administration RULES Civil Monetary Penalties Inflation Adjustments, 12059-12061 2019-06260 NOTICES Disaster Declaration:

California, 12316-12317 2019-06262 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Advisory Committee for Women's Services, 12267 2019-06255 Tennessee Tennessee Valley Authority NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12317 2019-06205 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration NOTICES Meetings:

Advisory Committee on Human Trafficking, 12323 2019-06242 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Veteran Affairs Veterans Affairs Department RULES Release of Information from Department of Veterans Affairs Records, 12122-12130 2019-06101 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 12330-12377 2019-05781 Part III Labor Department, Employment and Training Administration, 12380-12448 2019-05937 Part IV Commodity Futures Trading Commission, 12450-12475 2019-06109 Part V Presidential Documents, 12477-12482 2019-06441 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 84 62 Monday, April 1, 2019 Rules and Regulations DEPARTMENT OF ENERGY 2 CFR Part 910 RIN 1991-AC13 Cost Sharing: Energy Policy Act of 2005 AGENCY: Office of Management, Department of Energy. ACTION: Final rule; technical amendments.

SUMMARY: The Department of Energy

(DOE)is publishing this final rule to amend its current regulations regarding cost share under the Energy Policy Act of 2005 (EPACT 2005). The content of these technical amendments correspond with the provisions enacted by Congress through the Department of Energy Research and Innovation Act of 2018. DATES: The effective date of this rule is April 1, 2019. ADDRESSES: The docket, which includes **Federal Register** notices and other supporting documents/materials, is available for review at *http://www.regulations.gov.* All documents in the docket are listed in the *http://www.regulations.gov* index. A link to the docket web page can be found at *http://www.regulations.gov.* The docket web page will contain simple instructions on how to assess all documents, including public comments, in the docket. FOR FURTHER INFORMATION CONTACT: Mr. Richard Bonnell, U.S. Department of Energy, Office of Management, at (202)-287-1747 or by email at *Richard.bonnell@hq.doe.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Summary of This Action III. Final Action IV. Procedural Requirements V. Approval of the Office of the Secretary I. Background Section 108 of the Department of Energy Research and Innovation Act, Public Law 115-246 (Innovation Act), amended section 988 of EPACT 2005, 42 U.S.C. 16352, instituting a two-year pilot program. This pilot program began on September 28, 2018 and will extend through September 27, 2020. It exempts a “research or development activity performed by an institution of higher education or nonprofit institution” from the requirement imposed by section 988 of EPACT 2005 that the Secretary require not less than 20 percent non-Federal cost sharing for research or development activities. Therefore, the two-year pilot program provides the opportunity for DOE to exclude mandatory cost sharing without having to execute a cost share waiver for institutions of higher education and nonprofit institutions, as was previously required by section 988 of EPACT 2005. Pursuant to the Innovation Act, DOE is modifying its regulation regarding cost share by amending the text to explicitly add the exemption for institutions of higher education and nonprofit institutions from the requirement that the Secretary requires a 20 percent non-Federal cost sharing for research or development activities. II. Summary of This Action Title 2 CFR 910.130 concerns the cost sharing requirements imposed by section 988 of EPACT 2005, 42 U.S.C. 16352. As a result of the change imposed by the Innovation Act, DOE amends § 910.130 in paragraph (b)(1) by removing “or” at the end of the paragraph; paragraph (b)(2) by adding “; or” at the end of the paragraph; and adding a new paragraph (b)(3) to read as set out in the regulatory text below. III. Final Action DOE has determined, pursuant to 5 U.S.C. 553(b)(B), that prior notice and an opportunity for public comment on this final rule are unnecessary. This rule inserts into the CFR, for the benefit of the public, the Innovation Act two-year pilot program exemption to the requirement that DOE impose a 20 percent non-Federal cost sharing for research or development activities performed by institutions of higher education and nonprofit entities. The statutory exemption is for the two-year period beginning September 28, 2018 ending September 27, 2020. DOE exercises no discretion in amending its regulations to implement this statutory directive. DOE, therefore, finds that good cause exists to waive prior notice and an opportunity to comment for this rulemaking. For the same reasons, DOE, pursuant to 5 U.S.C. 553(d)(3), finds that good cause exists for making this final rule effective upon publication in the **Federal Register** . IV. Procedural Requirements A. Review Under Executive Order 12866, “Regulatory Planning and Review” This final rule is a not a “significant regulatory action” under the criteria set out in section 3(f) of Executive Order 12866, “Regulatory Planning and Review.” 58 FR 51735 (October 4, 1993). Accordingly, this action was not subject to review by the Office of Information and Regulatory Affairs (“OIRA”) in the Office of Management and Budget (“OMB”). B. Review Under Executive Orders 13771 and 13777 On January 30, 2017, the President issued Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs.” That Order stated the policy of the executive branch is to be prudent and financially responsible in the expenditure of funds, from both public and private sources. The Order stated it is essential to manage the costs associated with the governmental imposition of private expenditures required to comply with Federal regulations. This final rule is expected to be an E.O. 13771 deregulatory action. Additionally, on February 24, 2017, the President issued Executive Order 13777, “Enforcing the Regulatory Reform Agenda.” The Order required the head of each agency designate an agency official as its Regulatory Reform Officer (RRO). Each RRO oversees the implementation of regulatory reform initiatives and policies to ensure that agencies effectively carry out regulatory reforms, consistent with applicable law. Further, E.O. 13777 requires the establishment of a regulatory task force at each agency. The regulatory task force is required to make recommendations to the agency head regarding the repeal, replacement, or modification of existing regulations, consistent with applicable law. At a minimum, each regulatory reform task force must attempt to identify regulations that:

(i)Eliminate jobs, or inhibit job creation;

(ii)Are outdated, unnecessary, or ineffective;

(iii)Impose costs that exceed benefits;

(iv)Create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies;

(v)Are inconsistent with the requirements of Information Quality Act, or the guidance issued pursuant to that Act, in particular those regulations that rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard for reproducibility; or

(vi)Derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified. DOE concludes that this final rule is consistent with the directives set forth in these executive orders. The Innovation Act amends EPACT 2005 to exempt certain entities from the 20 percent cost share requirement for a two-year period ending September 27, 2020. The changes reduce the requirements of EPACT 2005 by permitting DOE to exclude mandatory cost sharing for universities and nonprofit institutions. Therefore, this final rule is an Executive Order 13771 deregulatory action. C. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process. 68 FR 7990. The Department has made its procedures and policies available on the Office of General Counsel's website: *http://energy.gov/gc/office-general-counsel.* This rule revises the Code of Federal Regulations to incorporate, without substantive change, statutorily-imposed definitional changes affecting coverage under current energy conservation standards, applicable timelines related to certain rulemaking requirements, and related provisions prescribed by Public Law 115-78 and Public Law 115-115, along with a separate correction to reflect the current language found in the statute. Because this is a technical amendment for which a general notice of proposed rulemaking is not required, the Regulatory Flexibility Act does not apply to this rulemaking. D. Review Under the Paperwork Reduction Act of 1995 This rulemaking imposes no new information or record keeping requirements. Accordingly, Office of Management and Budget clearance is not required under the Paperwork Reduction Act. (44 U.S.C. 3501 *et seq.* ) E. Review Under the National Environmental Policy Act of 1969 In this rule, DOE is incorporating requirements prescribed by the Innovation Act. DOE has determined that this rule falls into a class of actions that are categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ) and DOE's implementing regulations at 10 CFR part 1021. Specifically, this rule is strictly procedural and, therefore, would not result in any environmental impacts. Thus, this rulemaking is covered by Categorical Exclusion A6 under 10 CFR part 1021, subpart D, which applies to procedural rulemakings. Accordingly, neither an environmental assessment nor an environmental impact statement is required. F. Review Under Executive Order 13132, “Federalism” Executive Order 13132, “Federalism,” 64 FR 43255 (August 4, 1999), imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. The Executive Order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive Order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. 65 FR 13735. DOE has determined that this rule does not limit the policymaking discretion of the States. No further action is required by Executive Order 13132. G. Review Under Executive Order 12988, “Civil Justice Reform” With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” 61 FR 4729 (February 7, 1996), imposes on Federal agencies the general duty to adhere to the following requirements:

(1)Eliminate drafting errors and ambiguity;

(2)write regulations to minimize litigation; and

(3)provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. Section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation:

(1)Clearly specifies the preemptive effect, if any;

(2)clearly specifies any effect on existing Federal law or regulation;

(3)provides a clear legal standard for affected conduct while promoting simplification and burden reduction;

(4)specifies the retroactive effect, if any;

(5)adequately defines key terms; and

(6)addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this final rule meets the relevant standards of Executive Order 12988. H. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. (Pub. L. 104-4, sec. 201 (codified at 2 U.S.C. 1531). For a proposed regulatory action likely to result in a rule that may cause the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed “significant intergovernmental mandate,” and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect small governments. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA (62 FR 12820) (also available at *http://www.gc.doe.gov).* This final rule contains neither an intergovernmental mandate nor a mandate that may result in the expenditure of $100 million or more in any year, so these requirements under the Unfunded Mandates Reform Act do not apply. I. Review Under the Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This final rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. J. Review Under Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights” The Department has determined, under Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights,” 53 FR 8859 (March 18, 1988), that this rule would not result in any takings which might require compensation under the Fifth Amendment to the United States Constitution. K. Review Under the Treasury and General Government Appropriations Act, 2001 Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed this final rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. L. Review Under Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget, a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgates or is expected to lead to promulgation of a final rule, and that:

(1)Is a significant regulatory action under Executive Order 12866, or any successor order; and

(2)is likely to have a significant adverse effect on the supply, distribution, or use of energy, or

(3)is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. This final rule, which incorporates recently-enacted statutory provisions into DOE's regulations, would not have a significant adverse effect on the supply, distribution, or use of energy and, therefore, is not a significant energy action. M. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this rule prior to its effective date. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 804(2). V. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this final rule. List of Subjects in 2 CFR Part 910 Accounting, Administrative practice and procedure, Grant programs, Reporting and recordkeeping requirements. Signed in Washington, DC, on March 26, 2019. John R. Bashista, Director, Office of Acquisition Management, Department of Energy. S. Keith Hamilton, Deputy Associate Administrator, Acquisition and Project Management, National Nuclear Security Administration. For the reasons set forth in the preamble, DOE hereby amends chapter IX, subchapter B, of title 2 of the Code of Federal Regulations as set forth below: PART 910—UNIFORM ADMINISTRATION REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS 1. The authority citation for part 910 continues to read as follows: Authority: 42 U.S.C. 7101, *et seq.;* 31 U.S.C. 6301-6308; 50 U.S.C. 2401 *et seq.;* 2 CFR part 200. 2. Section 910.130 is amended by: a. Removing the word “or” at the end of paragraph (b)(1). b. Removing the period at the end of paragraph (b)(2) and adding in its place “; or”. c. Adding paragraph (b)(3). The addition reads as follows: § 910.130 Cost sharing (EPACT).

(b)* * *

(3)The research or development activity is to be performed by an institution of higher education or nonprofit institution (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)) during the two-year period ending September 27, 2020. [FR Doc. 2019-06263 Filed 3-29-19; 8:45 am]

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