Unknown. Final rule

3,180 words·~14 min read·/register/2019/07/29/2019-15951

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-2019-07-29.xml --- 84 145 Monday, July 29, 2019 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36603-36607 2019-15986 2019-16043 Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 36591-36592 2019-16006 Civil Rights Civil Rights Commission NOTICES Meetings: Illinois Advisory Committee, 36568-36569 2019-16033 Massachusetts Advisory Committee, 36569 2019-16032 Coast Guard Coast Guard RULES Safety Zone: Allegheny River, Mile 0 to Mile 0.6, Pittsburgh, PA, 36469-36471 2019-15969 Leukemia and Lymphoma Light the Night Fireworks, 36471 2019-15997 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation RULES Trade Mitigation Program, 36456-36464 2019-15700 NOTICES Funds Availability:

Market Facilitation Program Payments to Producers, 36565-36567 2019-15767 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Financial Institutions Examination Council Cybersecurity Assessment Tool, 36659-36662 2019-15964 Minimum Security Devices and Procedures, Reports of Suspicious Activities, and Bank Secrecy Act Compliance Program, 36658-36659 2019-15959 Municipal Securities Dealers and Government Securities Brokers and Dealers—Registration and Withdrawal, 36662-36664 2019-15962 Defense Department Defense Department See Navy Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 36592-36593 2019-15950 Education Department Education Department RULES Institutional Eligibility and Student Assistance General Provisions, 36471-36472 2019-15869 PROPOSED RULES Secretary's Proposed Priority for Discretionary Grant Programs, 36504-36507 2019-16062 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Student Loan Data System, 36594 2019-15990 Energy Department Energy Department PROPOSED RULES Energy Conservation Program:

Energy Standards for Evaporatively-Cooled Commercial Package Air Conditioners and Water-Cooled Commercial Package Air Conditioners, 36480-36488 2019-16048 NOTICES Meetings: Appliance Standards and Rulemaking Federal Advisory Committee, 36595-36596 2019-16049 Environmental Management Site-Specific Advisory Board, Oak Ridge, 36594-36595 2019-16009 Environmental Management Site-Specific Advisory Board, Paducah, 36595 2019-16010 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Missouri Air Quality Implementation Plans; Redesignation of the Missouri Portion of the St. Louis-St. Charles-Farmington, MO-IL 2012 PM <sup>2.5</sup> Unclassifiable Area, 36472-36474 2019-16044 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Cleburn Street Well Superfund Site, 36474-36478 2019-15858 Partial Deletion of the Omaha Lead Superfund Site, 36474 2019-16046 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Infrastructure Requirements for the 2015 Ozone National Ambient Air Quality Standards; Colorado and North Dakota, 36516-36534 2019-15797 Financial Responsibility Requirements Under CERCLA Section 108(b) for Facilities in the Electric Power Generation, Transmission, and Distribution Industry, 36535-36552 2019-15094 National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills Residual Risk and Technology Review, 36670-36725 2019-14473 National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List: Partial Deletion of the Cleburn Street Well Superfund Site, 36535 2019-15857 Regulation of Persistent, Bioaccumulative, and Toxic Chemicals under Section 6(h) of the Toxic Substances Control Act, 36728-36760 2019-14022 Renewable Fuel Standard Program: Standards for 2020 and Biomass-Based Diesel Volume for 2021, Response to the Remand of the 2016 Standards, and Other Changes, 36762-36812 2019-15423 NOTICES Privacy Act; Systems of Records, 36597-36599 2019-16075 Farm Service Farm Service Agency NOTICES Funds Availability:

Market Facilitation Program Payments to Producers, 36565-36567 2019-15767 Meetings: Stakeholder Listening Sessions on Heirs' Property, 36567-36568 2019-15996 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives; B/E Aerospace Fischer GmbH Common Seats, 36464-36466 2019-15985 Amendment of VOR Federal Airways: V-115, V-184, V-188, and V-542 in the Vicinity of Tidioute, PA, 36467-36468 2019-15940 Revocation of Class E Airspace: Tecumseh, MI, 36466-36467 2019-15938 PROPOSED RULES Amendment of Class D Airspace:

Los Angeles, CA, 36502-36504 2019-15936 Amendment of Class E Airspace: Walden, CO, 36501-36502 2019-15935 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36599-36602 2019-16028 2019-16029 Privacy Act; Matching Program, 36600-36601 2019-16000 Federal Election Federal Election Commission NOTICES Policy Statement Regarding a Program for Requesting Consideration of Legal Questions by the Commission, 36602-36603 2019-15988 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;

Availability, etc.: Centre County, Pennsylvania, 36653 2019-16054 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Commercial Driver's License Out-of-State Knowledge Test, 36552-36559 2019-15963 Hours of Service of Drivers; Definition of Agricultural Commodity, 36559-36563 2019-15960 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Designation of Agents, Motor Carriers, Brokers and Freight Forwarders, 36653-36654 2019-15956 Transportation of Household Goods, Consumer Protection, 36654-36655 2019-15957 Hours of Service of Drivers;

Exemption Applications: WestRock, 36655-36657 2019-15958 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 36603 2019-15976 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Declaration for Importation or Exportation of Fish or Wildlife, 36616-36619 2019-15987 Endangered and Threatened Species: Incidental Take Permit Application and Low-Effect Habitat Conservation Plan for the Desert Tortoise;

High Desert Solar Project, San Bernardino County, California; Correction, 36616 2019-15993 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Obtaining Information to Understand Challenges and Opportunities Encountered by Compounding Outsourcing Facilities, 36609-36611 2019-16027 Determinations that Products Were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: FORTAMET (Metformin Hydrochloride) Extended-Release Tablets, 500 Milligrams and 1 Gram, 36611 2019-16008 Guidance:

Delayed Graft Function in Kidney Transplantation: Developing Drugs for Prevention, 36608-36609 2019-16026 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard Interior Interior Department See Fish and Wildlife Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Carbon and Alloy Steel Threaded Rod from India, 36570-36572 2019-16037 Carbon and Alloy Steel Threaded Rod from the People's Republic of China, 36578-36581 2019-16036 Initiation of Administrative Reviews, 36572-36577 2019-16038 Scope Rulings, 36577-36578 2019-16039 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Fish-Handling Pliers and Packaging Thereof, 36620-36621 2019-16025 Polyester Textured Yarn from China and India, 36619-36620 2019-16004 Labor Department Labor Department See Mine Safety and Health Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Gamma Radiation Surveys, 36621-36622 2019-15979 Respirable Coal Mine Dust Sampling, 36622-36623 2019-15978 Mine Mine Safety and Health Administration NOTICES Guidance: Escapeways and Refuges in Underground Metal and Nonmetal Mines, 36623-36624 2019-16105 National Credit National Credit Union Administration PROPOSED RULES Exceptions to Employment Restrictions under the Federal Credit Union Act (Second Chance IRPS), 36488-36501 2019-15706 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Production of Non-public Records and Testimony of Employees in Legal Proceedings (Touhy Request), 36625 2019-15967 Supervisory Committee Audits and Verifications, 36624-36625 2019-15965 National Highway National Highway Traffic Safety Administration PROPOSED RULES Removing Regulatory Barriers for Vehicles with Automated Driving Systems; Extension of Comment Period, 36563-36564 2019-16040 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 36612-36613 2019-16022 Charter Renewal: Office of the Director, 36614 2019-15981 Meetings: National Eye Institute, 36613 2019-16017 National Institute of Allergy and Infectious Diseases; Amendment, 36614 2019-15980 National Institute of Diabetes and Digestive and Kidney Diseases, 36613-36615 2019-16015 2019-16018 National Institute on Aging, 36613-36615 2019-16014 2019-16016 2019-16019 National Institute on Alcohol Abuse and Alcoholism, 36612 2019-16013 2019-16020 National Institute on Drug Abuse, 36612 2019-16021 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 2019 Commercial Accountability Measure and Closure for South Atlantic Blueline Tilefish, 36478-36479 2019-16030 NOTICES Takes of Marine Mammals Incidental to Specified Activities:

Seattle Multimodal Project at Colman Dock in Seattle, WA, 36581-36591 2019-15970 National Science National Science Foundation NOTICES Meetings: Workshop on Artificial Intelligence and Wireless Spectrum: Opportunities and Challenges, 36625-36626 2019-16003 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36593 2019-16012 Government-Owned Inventions; Available for Licensing, 36593-36594 2019-16034 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments;

Availability, etc.: Exelon Generation Co., LLC for R.E. Ginna Nuclear Power Plant, 36629-36631 2019-15977 Exemption: Entergy Nuclear Operations, Inc.; Pilgrim Nuclear Power Station, 36626-36629 2019-15961 Meetings; Sunshine Act, 36629 2019-16171 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Recording and Reporting Occupational Injuries and Illnesses; Approval of Information Collection Requirements, 36468-36469 2019-15880 Office Special Office of the Special Counsel NOTICES Request for Emergency Processing of Revised Information Collection, 36631 2019-15974 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Special Permit:

Gulfstream Natural Gas System, 36657-36658 2019-15992 Postal Service Postal Service NOTICES Product Change: Priority Mail Negotiated Service Agreement, 36632 2019-16031 2019-16035 Privacy Privacy and Civil Liberties Oversight Board RULES Organization and Delegation of Powers and Duties of the Privacy and Civil Liberties Oversight Board, 36455-36456 2019-15951 Securities Securities and Exchange Commission NOTICES Application: PFS Funds and Castle Investment Management, LLC, 36635-36636 2019-15954 The Guardian Insurance and Annuity Co., Inc., et al., 36636-36641 2019-15975 Zacks Investment Management, Inc. and Zacks Trust, 36647-36650 2019-15955 2019-15968 Self-Regulatory Organizations;

Proposed Rule Changes: Cboe Exchange, Inc., 36650-36652 2019-15972 Nasdaq BX, Inc., 36641-36644 2019-15982 The Nasdaq Stock Market, LLC, 36644-36647 2019-15973 The Options Clearing Corp., 36632-36635 2019-15971 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Center for Substance Abuse Prevention, 36615 2019-15983 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 36664-36665 2019-15984 Veteran Affairs Veterans Affairs Department PROPOSED RULES Center for Innovation for Care and Payment, 36507-36516 2019-15891 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Authorization to Disclose Personal Information to a Third Party, 36666-36667 2019-16023 Disability Benefits Questionnaire (Group 4), 36665 2019-16024 Meetings: Advisory Committee on Disability Compensation, 36666 2019-16042 Separate Parts In This Issue Part II Environmental Protection Agency, 36670-36725 2019-14473 Part III Environmental Protection Agency, 36728-36760 2019-14022 Part IV Environmental Protection Agency, 36762-36812 2019-15423 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. 84 145 Monday, July 29, 2019 Rules and Regulations PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD 6 CFR Part 1000 [PCLOB Case 2019-001; Docket No. 2019-0001; Sequence No. 1] RIN 0311-AA05 Amendment to Organization and Delegation of Powers and Duties of the Privacy and Civil Liberties Oversight Board AGENCY:

Privacy and Civil Liberties Oversight Board. ACTION: Final rule. SUMMARY: The Privacy and Civil Liberties Oversight Board (the Board) revises its Organization and Delegation of powers to reflect the current structure of the agency and set forth greater authority for agency delegations. This revision also reflects the structural flexibility envisioned by our enabling statute. DATES: *Effective:* August 28, 2019. FOR FURTHER INFORMATION CONTACT: Mr. Eric Broxmeyer, General Counsel, Privacy and Civil Liberties Oversight Board, at 202-296-4617 or *eric.broxmeyer@pclob.gov.* SUPPLEMENTARY INFORMATION:

I. Background The changes to the organization and delegation of powers and duties reflect changes to the agency's organization and powers of certain agency officials. Specifically, section 1000.2 provides more detailed definitions for the roles and responsibilities of the Board's Executive Director and General Counsel. Section 1000.3 presents the Board's revised organizational structure, which has changed from the time the organizational structure was originally published. Finally, Section 1000.5 provides greater specificity regarding how the Board handles delegations and designations.

II. Regulatory Analysis and Notices Administrative Procedure Act This rule is a rule of agency organization, procedure, or practice. The Board publishes it as a final rule in accordance with 5 U.S.C. 553(b)(A). Regulatory Flexibility Act/Executive Order 13272: Small Business The Board certifies that this rule will not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, requires each agency to assess the effects of its regulatory actions on state, local, and tribal governments, and the private sector.

Agencies must prepare a written statement of economic and regulatory alternatives any time a proposed or final rule imposes a new or additional enforceable duty on any state, local, or tribal government or the private sector that causes those entities to spend, in aggregate, $100 million or more (adjusted for inflation) in any one year (defined in UMRA as a “federal mandate”). This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments.

Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by 5 U.S.C. 804. The Board is aware of no monetary effect on the economy that would result from this rulemaking, nor will there be any increase in costs or prices; or any effect on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign-based companies in domestic and import markets. Executive Order 12866 The Board does not consider this rule to be a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review.

The Board has reviewed this rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866. This rule deals with the structure of the Board and sets forth greater authority for agency delegations and will not impose any costs on the public. The Board has determined that the benefits of this regulation, *i.e.,* providing transparency to the public regarding its current structure and its authority for agency delegations, outweigh any costs.

Executive Orders 12372 and 13132: Federalism This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. The rule will not have federalism implications warranting the application of Executive Orders 12372 and 13132. Executive Order 12988: Civil Justice Reform The Board has reviewed the regulation in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

Executive Order 13563: Improving Regulation and Regulatory Review The Board has considered this rule in light of Executive Order 13563, dated January 18, 2011, and affirms that this regulation is consistent with the guidance therein. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs This rule is not expected to be a regulatory action under Executive Order 13771 because this rule is not significant under Executive Order 12866. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 *et seq.,* federal agencies must obtain approval from the Office of Management and Budget for each collection of information they conduct, sponsor, or require through regulations.

This rule does not impose new or revised information collection requirements under the provisions of the PRA. List of Subjects in 6 CFR Part 1000 Administrative practice and procedure; Organization; Functions; Delegations of Authority. Dated: July 23, 2019. Eric Broxmeyer, General Counsel, Privacy and Civil Liberties Oversight Board. For the reasons set forth in the preamble, the Board amends 6 CFR part 1000 as set forth below: PART 1000—ORGANIZATION AND DELEGATION OF POWERS AND DUTIES OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD 1.

The authority citation for 6 CFR part 1000 through 1000 continues to read as follows: Authority: 5 U.S.C. 552, as amended. 2. Amend § 1000.2 by adding in alphabetical order a definition for “Executive Director” and revising the definition of “General Counsel” to read as follows: § 1000.2 Definitions. *Executive Director* means the individual appointed by the Chairman to act as the Executive Director (or, in the event the Chairman position is vacant, by the Board) to discharge the responsibilities assigned to the Executive Director. *General Counsel* means the individual appointed by the Chairman to act as the chief legal officer of the Board or, if the General Counsel is absent or unavailable, the Deputy General Counsel, or in the event both positions are vacant, the individual(s) designated by the Chairman (or, in the event the Chairman position is vacant, by the Board) to discharge the responsibilities assigned to the General Counsel.

If both the General Counsel and Deputy General Counsel are absent and unavailable for a prolonged period of time, the Chairman (or the Board in the event the Chairman position is vacant) may designate any Staff Member who is an active member of the bar of any state, territory, or the District of Columbia to temporarily discharge the responsibilities assigned to the General Counsel until the General Counsel or Deputy General Counsel is again available or a successor has been duly appointed. 3.

Amend § 1000.3 by revising paragraph

(b)to read as follows: § 1000.3 Organization.

(b)The Board's staff is comprised of the following:

(1)Mission staff who assist the Board with its advice, oversight, and other mission functions, as described in 42 U.S.C. 2000ee(d) and 6 CFR 1000.4; and

(2)Administrative staff who support the Board's operations on a variety of administrative matters, such as budget, contracts, information technology and information assurance, and security; and

(3)Legal staff who provide the Board and agency employees with legal advice and ethical guidance. 4. Amend § 1000.5 by— a. Revising paragraph (a)(5); b. Adding paragraph (a)(6); c. Revising paragraphs (b)(5) and (6); d. Removing paragraphs (b)(7) through (10); and e. Revising paragraph

(c)and paragraphs

(d)introductory text and (d)(2). The revisions and addition read as follows: § 1000.5 Delegations of authority.

(a)* * *

(5)Formulation and implementation of policies designed to assure the effective administration of the Board's operations and the efficient operations of the staff.

(6)Any authority that is not delegated by the Board in this part, or otherwise vested in officials other than the Board, is reserved to the Board. The Board may reverse delegations at any time, and all delegated authority reverts to the Board upon the termination or expiration of the delegation.

(b)* * *

(5)Redelegate to one or more Board staff persons those responsibilities to the Executive Director or General Counsel under this part, in the event that either position is unfilled.

(6)Authorize any officer or employee of the Board to perform a function vested in, delegated, or otherwise designated to the Chairman.

(c)*Executive Director.* The Executive Director manages the staff and assists with the day-to-day operation of the agency. The Executive Director is delegated authority to—

(1)Manage the Board's mission-related projects in accordance with the priorities set by the Board;

(2)Supervise the Board's mission staff; and

(3)Authorize any officer or employee of the Board to perform a function vested in, delegated, or otherwise designated to the Executive Director.

(d)*General Counsel.* The General Counsel is the Board's chief legal officer, and serves as the Board's legal advisor. The General Counsel is delegated authority to—

(2)Certify Board votes and conduct other necessary corporate secretary functions consistent with Board policies and procedures; and [FR Doc. 2019-15951 Filed 7-26-19; 8:45 am]

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