Unknown. Final rule

2,882 words·~13 min read·/register/2019/05/10/2019-09687·

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--- schema: federal-register doc_type: fedreg source_file: FR-2019-05-10.xml --- 84 91 Friday, May 10, 2019 Contents Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: Open Mobile Alliance, 20660 2019-09623 Centers Disease Centers for Disease Control and Prevention NOTICES Temporary Suspension of Dogs Entering the United States from Egypt, 20628-20632 2019-09654 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Programs:

Regulation to Require Drug Pricing Transparency, 20732-20758 2019-09655 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Temporary Assistance for Needy Families Case Studies, 20632-20633 2019-09658 Civil Rights Civil Rights Commission NOTICES Meetings: Hawaii Advisory Committee, 20616 2019-09642 Coast Guard Coast Guard RULES Great Lakes Pilotage Rates—2019 Annual Review and Revisions to Methodology, 20551-20578 2019-09657 Safety Zone:

Illinois River, Miles 0 to 187, Grafton, IL to Peoria, IL, 20547-20549 2019-09656 Recurring Safety Zones in Captain of the Port Sault Sainte Marie Mackinaw Area Visitors Bureau Friday Night Fireworks, 20546-20547 2019-09647 Upper Mississippi River, Miles 179 to 184, St. Louis, MO, 20544-20546 2019-09645 PROPOSED RULES Special Local Regulation: Clear Lake, Clear Creek, TX, 20602-20604 2019-09648 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

OMB Control Number: 1625-0105, 20645-20646 2019-09646 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 20618-20620 2019-09650 2019-09651 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Bank Secrecy Act/Money Laundering Risk Assessment, 20701-20702 2019-09614 Defense Department Defense Department PROPOSED RULES Federal Acquisition Regulation: Definition of “Commercial Item”, 20607-20609 2019-09703 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Direct Loan, FFEL, Perkins and TEACH Grant Total and Permanent Disability Discharge Application and Related Forms, 20621 2019-09686 FFEL/Direct Loan/Perkins Military Service Deferment/Post-Active Duty Student Deferment Request, 20620 2019-09688 Energy Department Energy Department See National Nuclear Security Administration See Western Area Power Administration PROPOSED RULES Energy Conservation Program:

Test Procedure for Distribution Transformers, 20704-20730 2019-09218 Environmental Protection Environmental Protection Agency RULES National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Beckman Instruments Superfund Site, 20550-20551 2019-09480 State Hazardous Waste Management Program: Florida: Final Authorization of Revisions, 20549-20550 2019-09690 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations:

Antelope Valley Air Quality Management District and Ventura County Air Pollution Control District; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone Standard, 20604-20607 2019-09596 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipts, 20625-20626 2019-09547 Meetings: Hazardous Waste Electronic Manifest System Advisory Board, 20626-20627 2019-09693 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 20542-20544 2019-09680 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Changes in Permissible Stage 2 Airplane Operations, 20693 2019-09673 Notice of Landing Area Proposal, 20693-20694 2019-09636 Federal Communications Federal Communications Commission NOTICES Meetings: Consumer Advisory Committee; Charter Renewal, 20627-20628 2019-09668 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 20628 2019-09694 Federal Reserve Federal Reserve System RULES Reserve Requirements of Depository Institutions, 20541-20542 2019-09687 Federal Transit Federal Transit Administration NOTICES Funding Opportunity:

Public Transportation on Indian Reservations Program; Tribal Transit Program, 20694-20699 2019-09332 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species: Receipt of Recovery Permit Applications, 20654 2019-09620 Food and Drug Food and Drug Administration NOTICES Guidance: Determining Whether to Submit an Abbreviated New Drug Application or a 505(b)(2) Application, 20637-20638 2019-09662 Maximal Usage Trials for Topically Applied Active Ingredients Being Considered for Inclusion in an Over-the-Counter Monograph:

Study Elements and Considerations, 20633-20634 2019-09692 Oncology Pharmaceuticals: Reproductive Toxicity Testing and Labeling Recommendations, 20634-20636 2019-09691 Recommendations for Reducing the Risk of Transfusion-Transmitted Babesiosis, 20636-20637 2019-09676 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulation: Definition of “Commercial Item”, 20607-20609 2019-09703 Geological Geological Survey NOTICES Meetings: National Geospatial Advisory Committee, 20654-20655 2019-09669 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Meetings:

Health Information Technology Advisory Committee; 2019 Schedule, 20639-20640 2019-09612 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Chart Abstraction of Ryan White HIV/AIDS Program Recipient Data, 20638-20639 2019-09666 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department PROPOSED RULES Verification of Eligible Status, 20589-20595 2019-09566 NOTICES Meetings:

Housing Counseling Federal Advisory Committee, 20653-20654 2019-09674 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Payment for Appointed Counsel in Involuntary Indian Child Custody Proceedings in State Courts, 20655-20656 2019-09641 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain New Pneumatic Off-the-Road Tires from the People's Republic of China, 20616-20618 2019-09670 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Non-Malleable Cast Iron Pipe Fittings from China, 20659-20660 2019-09672 Meetings; Sunshine Act, 20659 2019-09836 Justice Department Justice Department See Antitrust Division NOTICES Proposed Consent Decrees: Clean Water Act, 20660-20661 2019-09659 Labor Department Labor Department See Workers Compensation Programs Office Land Land Management Bureau NOTICES Environmental Assessments;

Availability, etc.: Evans McCurtain Federal Coal Lease-by-Application OKNM127509; Correction, 20656 2019-08771 Environmental Impact Statements; Availability, etc.: Central Coast Field Office Proposed Resource Management Plan Amendment for Oil and Gas Leasing and Development, California, 20657-20659 2019-09599 Termination of RMP Revision for the Las Vegas and Pahrump Field Offices, Nevada, 20657 2019-09696 Meetings: Southwest (Colorado) Resource Advisory Council, 20656-20657 2019-09697 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation:

Definition of Commercial Item, 20607-20609 2019-09703 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Introduction to Cancer Research Careers Application, 20642 2019-09615 Government-Owned Inventions; Availability for Licensing, 20644-20645 2019-09618 Meetings: Center for Scientific Review, 20640-20644 2019-09617 2019-09619 2019-09621 National Institute on Minority Health and Health Disparities, 20644 2019-09616 Energy National Nuclear National Nuclear Security Administration NOTICES Proposed Subsequent Arrangement, 20621-20622 2019-09678 2019-09679 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries off West Coast States:

Pacific Coast Groundfish Fishery; Annual Specifications and Management Measures for the 2019 Tribal and Non-Tribal Fisheries for Pacific Whiting, and Requirement to Consider Chinook Salmon Bycatch before Reapportioning Tribal Whiting, 20578-20588 2019-09661 PROPOSED RULES Fisheries of the Northeastern United States: Northeast Multispecies Fishery; Fishing Year 2019 Recreational Management Measures, 20609-20615 2019-09685 NOTICES Permit Application: Endangered Species; File No. 21858, 20618 2019-09631 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20663 2019-09675 Meetings; Sunshine Act, 20661-20663 2019-09765 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials: Information Collection Activities, 20699-20701 2019-09624 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 20663-20664 2019-09671 Postal Service Postal Service NOTICES Product Change: Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 20664 2019-09638 Priority Mail Negotiated Service Agreement, 20664 2019-09639 Presidential Documents Presidential Documents EXECUTIVE ORDERS Iran;

Implementation of U.S. Sanctions on Iranian Iron, Steel, Aluminum, and Copper Sectors (EO 13871), 20759-20764 2019-09877 ADMINISTRATIVE ORDERS Central African Republic; Continuation of National Emergency (Notice of May 8, 2019), 20539 2019-09822 Syria; Continuation of National Emergency (Notice of May 8, 2019), 20537-20538 2019-09814 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe C2 Exchange, Inc., 20673-20689 2019-09634 Financial Industry Regulatory Authority, Inc., 20669-20671 2019-09633 ICE Clear Europe Ltd., 20671-20673 2019-09632 MIAX Emerald, LLC, 20665-20668 2019-09629 The Options Clearing Corp., 20689-20690 2019-09630 Small Business Small Business Administration NOTICES Declaration of Economic Injury Disaster:

North Carolina, 20691 2019-09683 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Bauhaus Beginnings, 20691 2019-09653 Beyond Line: The Art of Korean Writing, 20692 2019-09652 Renoir: The Body, The Senses, 20691 2019-09664 Treasures of Ancient Greece, 20691-20692 2019-09663 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES Abandoned Mine Land Program and Plan: Ohio, 20599-20602 2019-09556 Abandoned Mine Land Reclamation Plan:

Missouri, 20597-20599 2019-09558 Regulatory Program: Kentucky, 20595-20597 2019-09560 Surface Transportation Surface Transportation Board NOTICES Temporary Trackage Rights Exemption: Allegheny Valley Railroad Co.; Norfolk Southern Railway Co., 20692 2019-09660 Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Comptroller of the Currency U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for Nepal and Honduras, 20647-20653 2019-09635 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Canadian Border Boat Landing Permit, 20646-20647 2019-09613 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: International Direct Deposit Enrollment, 20702 2019-09273 Western Western Area Power Administration NOTICES Record of Decision: Mohave County Wind Farm Project, 20622-20625 2019-09677 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20661 2019-09640 Separate Parts In This Issue Part II Energy Department, 20704-20730 2019-09218 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 20732-20758 2019-09655 Part IV Presidential Documents, 20759-20764 2019-09877 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 91 Friday, May 10, 2019 Rules and Regulations FEDERAL RESERVE SYSTEM 12 CFR Part 204 [Docket No. R-1663; RIN 7100-AF 50] Regulation D: Reserve Requirements of Depository Institutions AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Final rule. SUMMARY: The Board of Governors of the Federal Reserve System (“Board”) is amending Regulation D (Reserve Requirements of Depository Institutions) to revise the rate of interest paid on balances maintained to satisfy reserve balance requirements (“IORR”) and the rate of interest paid on excess balances (“IOER”) maintained at Federal Reserve Banks by or on behalf of eligible institutions. The final amendments specify that IORR is 2.35 percent and IOER is 2.35 percent, a 0.05 percentage point decrease from their prior levels.

The amendments are intended to enhance the role of such rates of interest in maintaining the Federal funds rate into the target range established by the Federal Open Market Committee (“FOMC” or “Committee”). DATES: *Effective date:* This rule is effective May 10, 2019. *Applicability date:* The IORR and IOER rate changes were applicable on May 2, 2019. FOR FURTHER INFORMATION CONTACT: Clinton Chen, Senior Attorney (202-452-3952), or Sophia Allison, Senior Special Counsel (202-452-3565), Legal Division, or Kristen Payne, Senior Financial Institution & Policy Analyst (202-452-2872), or Laura Lipscomb, Assistant Director (202-912-7964), Division of Monetary Affairs; for users of Telecommunications Device for the Deaf

(TDD)only, contact 202-263-4869; Board of Governors of the Federal Reserve System, 20th and C Streets NW, Washington, DC 20551. SUPPLEMENTARY INFORMATION: I. Statutory and Regulatory Background For monetary policy purposes, section 19 of the Federal Reserve Act (“the Act”) imposes reserve requirements on certain types of deposits and other liabilities of depository institutions. 1 Regulation D, which implements section 19 of the Act, requires that a depository institution meet reserve requirements by holding cash in its vault, or if vault cash is insufficient, by maintaining a balance in an account at a Federal Reserve Bank (“Reserve Bank”). 2 Section 19 also provides that balances maintained by or on behalf of certain institutions in an account at a Reserve Bank may receive earnings to be paid by the Reserve Bank at least once each quarter, at a rate or rates not to exceed the general level of short-term interest rates. 3 Institutions that are eligible to receive earnings on their balances held at Reserve Banks (“eligible institutions”) include depository institutions and certain other institutions. 4 Section 19 also provides that the Board may prescribe regulations concerning the payment of earnings on balances at a Reserve Bank. 5 Prior to these amendments, Regulation D specified a rate of 2.40 percent for both IORR and IOER. 6 1 12 U.S.C. 461(b). 2 12 CFR 204.5(a)(1). 3 12 U.S.C. 461(b)(1)(A) and (b)(12)(A). 4 See 12 U.S.C. 461(b)(1)(A) and (b)(12)(C); see also 12 CFR 204.2(y). 5 See 12 U.S.C. 461(b)(12)(B). 6 See 12 CFR 204.10(b)(5). II. Amendments to IORR and IOER The Board is amending § 204.10(b)(5) of Regulation D to specify that IORR is 2.35 percent and IOER is 2.35 percent, a 0.05 percentage point decrease in each rate. The Board announced this decision on May 1, 2019, with an effective date of May 2, 2019, in the Federal Reserve Implementation Note that accompanied the FOMC's statement on May 1, 2019. The FOMC statement stated that the Committee decided to maintain the target range for the federal funds rate at 2-1/4 to 2-1/2 percent. The Federal Reserve Implementation Note stated: The Board of Governors of the Federal Reserve System voted unanimously to set the interest rate paid on required and excess reserve balances at 2.35 percent, effective May 2, 2019. Setting the interest rate paid on required and excess reserve balances 15 basis points below the top of the target range for the federal funds rate is intended to foster trading in the federal funds market at rates well within the FOMC's target range. As a result, the Board is amending section 204.10(b)(5) of Regulation D to change IORR to 2.35 percent and IOER to 2.35 percent. III. Administrative Procedure Act In general, the Administrative Procedure Act (“APA”) 7 imposes three principal requirements when an agency promulgates legislative rules (rules made pursuant to congressionally delegated authority):

(1)Publication with adequate notice of a proposed rule;

(2)followed by a meaningful opportunity for the public to comment on the rule's content; and

(3)publication of the final rule not less than 30 days before its effective date. The APA provides that notice and comment procedures do not apply if the agency for good cause finds them to be “unnecessary, impracticable, or contrary to the public interest.” 8 Section 553(d) of the APA also provides that publication at least 30 days prior to a rule's effective date is not required for

(1)a substantive rule which grants or recognizes an exemption or relieves a restriction;

(2)interpretive rules and statements of policy; or

(3)a rule for which the agency finds good cause for shortened notice and publishes its reasoning with the rule. 9 7 5 U.S.C. 551 *et seq.* 8 5 U.S.C. 553(b)(3)(A). 9 5 U.S.C. 553(d). The Board has determined that good cause exists for finding that the notice, public comment, and delayed effective date provisions of the APA are unnecessary, impracticable, or contrary to the public interest with respect to these final amendments to Regulation D. The rate decreases for IORR and IOER that are reflected in the final amendments to Regulation D were made with a view towards accommodating commerce and business and with regard to their bearing upon the general credit situation of the country. Notice and public comment would prevent the Board's action from being effective as promptly as necessary in the public interest and would not otherwise serve any useful purpose. Notice, public comment, and a delayed effective date would create uncertainty about the finality and effectiveness of the Board's action and undermine the effectiveness of that action. Accordingly, the Board has determined that good cause exists to dispense with the notice, public comment, and delayed effective date procedures of the APA with respect to these final amendments to Regulation D. IV. Regulatory Flexibility Analysis The Regulatory Flexibility Act (“RFA”) does not apply to a rulemaking where a general notice of proposed rulemaking is not required. 10 As noted previously, the Board has determined that it is unnecessary and contrary to the public interest to publish a general notice of proposed rulemaking for this final rule. Accordingly, the RFA's requirements relating to an initial and final regulatory flexibility analysis do not apply. 10 5 U.S.C. 603, 604. V. Paperwork Reduction Act In accordance with the Paperwork Reduction Act (“PRA”) of 1995, 11 the Board reviewed the final rule under the authority delegated to the Board by the Office of Management and Budget. The final rule contains no requirements subject to the PRA. 11 44 U.S.C. 3506; see 5 CFR part 1320 Appendix A.1. List of Subjects in 12 CFR Part 204 Banks, Banking, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Board amends 12 CFR part 204 as follows: PART 204—RESERVE REQUIREMENTS OF DEPOSITORY INSTITUTIONS (REGULATION D) 1. The authority citation for part 204 continues to read as follows: Authority: 12 U.S.C. 248(a), 248(c), 461, 601, 611, and 3105. 2. Section 204.10 is amended by revising paragraph (b)(5) to read as follows: § 204.10 Payment of interest on balances.

(b)* * *

(5)The rates for IORR and IOER are: Rate (percent) IORR 2.35 IOER 2.35 By order of the Board of Governors of the Federal Reserve System, May 7, 2019. Ann Misback, Secretary of the Board. [FR Doc. 2019-09687 Filed 5-9-19; 8:45 am]

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