Unknown. Final rule

2,987 words·~14 min read·/register/2019/08/08/2019-17009

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-2019-08-08.xml --- 84 153 Thursday, August 8, 2019 Contents Administrative Administrative Conference of the United States NOTICES Adoption of Recommendations, 38927-38934 2019-16946 Revised Model Rules for Implementation of the Equal Access to Justice Act, 38934-38937 2019-16768 Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38984-38986 2019-17001 Agriculture Agriculture Department See Food and Nutrition Service See Foreign Agricultural Service See Forest Service Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Oil and Gas Production Measurement, Surface Commingling, and Security, 39012-39013 2019-16967 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38986-38991 2019-16961 2019-16962 2019-16963 2019-16964 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Inpatient Rehabilitation Facility

(IRF)Prospective Payment System for Federal Fiscal Year 2020 and Updates to the IRF Quality Reporting Program, 39054-39173 2019-16603 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Provision of Child Support Services in IV-D Cases Under the Hague Child Support Convention; Federally Approved Forms, 38991 2019-16968 Civil Rights Civil Rights Commission NOTICES Meetings: South Dakota Advisory Committee, 38946-38947 2019-16948 Coast Guard Coast Guard RULES Safety Zone: Balloon Glow Fireworks, Manitowoc River, Manitowoc, WI, 38869-38871 2019-16958 St. Norbert College Fireworks, Fox River, De Pere, WI, 38871-38873 2019-16960 Special Local Regulations: Festival of Sail Duluth 2019, Lake Superior, Duluth, MN, 38867-38869 2019-16959 Commerce Commerce Department See Economic Development Administration See First Responder Network Authority See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Defense Department Defense Department See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FAR Part 9 Responsibility Matters, 38982-38983 2019-16976 Indirect Cost Rates, Predetermined Indirect Cost Rates, and Bankruptcy Notifications, 38983-38984 2019-16975 Drug Drug Enforcement Administration NOTICES Bulk Manufacturer of Controlled Substances Application: Alcami Wisconsin Corp., 39016 2019-17002 Decision and Order: Anthony Schapera, M.D., 39016-39018 2019-17003 Parth S. Bharill, 39014-39016 2019-17004 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance; Determinations, 38947 2019-16991 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Perkins Loan Program Regulations, 38949-38950 2019-17012 Applications for New Awards: Technical Assistance and Dissemination to Improve Services and Results for Children With Disabilities—National Technical Assistance Center for Systemic Improvement, 38950-38958 2019-17059 Employment and Training Employment and Training Administration NOTICES Allocating Grants to States for Reemployment Services and Eligibility Assessments in Accordance With Title III, Section 306 of the Social Security Act, 39018-39020 2019-16988 Charter Renewal: Workforce Information Advisory Council, 39020-39021 2019-16989 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Charter Renewal: Fusion Energy Sciences Advisory Committee, 38958 2019-16990 Request for Information: Planning and Operation Models and Data Analytics for Solar Grid Integration, 38958-38959 2019-16998 Engineers Engineers Corps RULES Restricted Areas: Little Creek Harbor, Fisherman's Cove, Joint Expeditionary Base Little Creek-Fort Story, Little Creek, VA, 38873-38876 2019-16972 PROPOSED RULES Restricted Areas: Washington Channel, Fort McNair, Washington, DC, 38893-38894 2019-16973 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: New York; Cross-State Air Pollution Rule; Nitrogen Oxides Ozone Season Group 2, Nitrogen Oxides Annual, and Sulfur Dioxide Group 1 Trading Programs, 38878-38882 2019-16789 North Carolina: Prevention of Significant Deterioration Requirements for Greenhouse Gases, 38876-38878 2019-16781 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Shaw Avenue Dump Superfund Site, 38882-38883 2019-16904 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arkansas; Interstate Transport Requirements for the 2010 1-Hour SO <sup>2</sup> NAAQS, 38895-38898 2019-16936 Massachusetts; Transport Element for the 2010 Sulfur Dioxide National Ambient Air Quality Standard, 38898-38905 2019-17000 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Novak Sanitary Landfill Superfund Site, 38905-38911 2019-17017 Strengthening Transparency in Regulatory Science: Public Teleconference of the Chartered Science Advisory Board, 38894-38895 2019-16791 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 38850-38855, 38859-38862 2019-16812 2019-16814 2019-16898 Bombardier, Inc. Airplanes, 38862-38864 2019-16811 The Boeing Company Airplanes, 38855-38859 2019-16813 Revocation of Class E Airspace: Sioux Center, IA, 38865-38866 2019-16800 PROPOSED RULES Airworthiness Directives: The Boeing Company Airplanes, 38887-38892 2019-16815 2019-16841 NOTICES Petitions for Exemptions; Summaries: Amazon Prime Air, 39048 2019-17010 The Boeing Company; Correction, 39049 2019-17011 Federal Emergency Federal Emergency Management Agency NOTICES Final Flood Hazard Determinations, 39008-39010 2019-17020 Flood Hazard Determinations; Changes, 39005-39008 2019-17023 Federal Energy Federal Energy Regulatory Commission NOTICES Application: National Fuel Gas Supply Corp., 38959-38960 2019-16993 South Carolina Electric and Gas Co., 38961-38962 2019-16995 Combined Filings, 38963 2019-16952 Environmental Assessments; Availability, etc.: Pacific Gas and Electric Co., 38962-38963 2019-16951 Shell Energy North America (US), L.P., 38960-38961 2019-16953 Filing: Bonneville Power Administration, 38963-38964 2019-16949 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Wessington Springs Wind, LLC, 38961 2019-16950 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38964-38965 2019-17007 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38979-38981 2019-16945 Request for Contractor Submission of Final Invoices for Expired Contracts, 38965-38979 2019-16954 FIRSTNET First Responder Network Authority NOTICES Meetings: First Responder Network Authority Finance Committee and Board, 38947-38948 2019-16997 Fish Fish and Wildlife Service RULES Migratory Bird Hunting: Normal Agricultural Operations, 38883-38885 2019-16629 NOTICES Emergency Exemption; Issuance of Emergency Permit To Import Endangered Species, 39011-39012 2019-16970 National Wildlife Refuge System: Loess Bluffs National Wildlife Refuge; Possible Name Change, 39012 2019-16966 Food and Drug Food and Drug Administration NOTICES Advisory Committees; Filing of Closed Meeting Reports, 38993 2019-16992 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Guidance on Informed Consent for in Vitro Diagnostic Device Studies Using Leftover Human Specimens That Are Not Individually Identifiable, 38992-38993 2019-17026 Healthcare Provider Perception of Boxed Warning Information Survey, 38996-38998 2019-16935 Manufactured Food Regulatory Program Standards, 38994 2019-16937 Guidance: Fabry Disease: Developing Drugs for Treatment, 38994-38996 2019-16994 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reasons for Underredemption of the WIC Cash-Value Benefit, 38937-38941 2019-17016 Foreign Agricultural Foreign Agricultural Service NOTICES Adjustment of Appendices Under the Dairy Tariff-Rate Quota Import Licensing Regulation for the 2019 Tariff-Rate Quota Year, 38941-38943 2019-16933 Assessment of Fees for Dairy Import Licenses for the 2020 Tariff-Rate Import Quota Year, 38943 2019-16932 Forest Forest Service NOTICES Proposed New Fee Site: Conecuh Shooting Range, 38943 2019-17015 Request for Applications: The Community Forest and Open Space Conservation Program, 38943-38946 2019-17014 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FAR Part 9 Responsibility Matters, 38982-38983 2019-16976 Indirect Cost Rates, Predetermined Indirect Cost Rates, and Bankruptcy Notifications, 38983-38984 2019-16975 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 Children and Families Administration 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 Meetings: Advisory Committee on Minority Health, 38999 2019-16969 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Scholarships for Disadvantaged Students Program, 38998-38999 2019-16984 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service Internal Revenue Internal Revenue Service RULES Limitation on Deduction for Dividends Received From Certain Foreign Corporations and Amounts Eligible for Section 954 Look-Through Exception; Correcting Amendment, 38866 2019-16630 Limitation on Deduction for Dividends Received From Certain Foreign Corporations and Amounts Eligible for Section 954 Look-Through Exception; Correction, 38866-38867 2019-16631 PROPOSED RULES Limitation on Deduction for Dividends Received From Certain Foreign Corporations and Amounts Eligible for Section 954 Look-Through Exception; Correction, 38892-38893 2019-16632 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From the Russian Federation, 38948-38949 2019-17006 International Trade Com International Trade Commission NOTICES Meetings; Sunshine Act, 39013-39014 2019-17133 2019-17134 Justice Department Justice Department See Drug Enforcement Administration See Justice Programs Office Justice Programs Justice Programs Office NOTICES Charter Renewal: Public Safety Officer Medal of Valor Review Board, 39018 2019-16987 Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Multiple Worksite Report and the Report of Federal Employment and Wages, 39021-39022 2019-16944 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FAR Part 9 Responsibility Matters, 38982-38983 2019-16976 Indirect Cost Rates, Predetermined Indirect Cost Rates, and Bankruptcy Notifications, 38983-38984 2019-16975 National Credit National Credit Union Administration RULES Office Name Change, 38849-38850 2019-17009 National Highway National Highway Traffic Safety Administration PROPOSED RULES Record Retention Requirement: Correction, 38911-38912 2019-16844 National Institute National Institutes of Health NOTICES Meetings: National Center for Advancing Translational Sciences, 39002 2019-16925 National Institute of Allergy and Infectious Diseases, 38999-39000, 39002 2019-16924 2019-16926 National Institute of Environmental Health Sciences, 39000 2019-16956 National Institute on Aging, 39000-39001 2019-16923 2019-16955 Prospective Grant of Exclusive Patent License: Lutetium-177 Radiotherapeutics Against Glioblastoma Multiforme and Small-Cell Lung Carcinoma, 39001-39002 2019-16965 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Dusky Rockfish in the West Yakutat District of the Gulf of Alaska, 38885-38886 2019-16982 Pacific Ocean Perch in the West Yakutat District of the Gulf of Alaska, 38886 2019-16985 PROPOSED RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries; Pelagic Longline Fishery Management; Correction, 38918-38919 2019-16996 Fisheries of the Northeastern United States: Summer Flounder, Scup, and Black Sea Bass Fisheries; Framework Adjustment 14, 38919-38926 2019-16980 Pacific Halibut Fisheries: Revisions to Catch Sharing Plan and Domestic Management Measures in Alaska, 38912-38918 2019-16979 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: First Responder Network Authority Finance Committee and Board, 38947-38948 2019-16997 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Policy Statement, Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement, Maintenance of Existing Agreement State Programs, Requests for Information Through the Integrated Materials Performance Evaluation Program (IMPEP) Questionnaire, and Agreement State Participation in IMPEP, 39023-39024 2019-16978 Managing Aging Processes in Storage Report, 39022-39023 2019-17021 Postal Service Postal Service NOTICES International Product Change: Inbound Competitive Non-Published Rate Agreements with Foreign Postal Operators, 39024 2019-16971 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Honoring the Victims of the Tragedies in El Paso, TX, and Dayton, OH (Proc. 9914), 38847 2019-17118 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 39028-39029, 39037 2019-17103 2019-17120 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 39024-39025, 39046-39047 2019-16941 2019-16943 Financial Industry Regulatory Authority, Inc., 39029-39037 2019-16942 Fixed Income Clearing Corp., 39041-39046 2019-16938 National Securities Clearing Corp., 39037-39041 2019-16940 The Depository Trust Co., 39025-39028 2019-16939 State Department State Department NOTICES Bureau of Oceans and International Environmental and Scientific Affairs: Annual Certification of Shrimp-Harvesting Nations, 39047-39048 2019-16590 Meetings: U.S. Advisory Commission on Public Diplomacy, 39048 2019-16981 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39002-39004 2019-16983 2019-16986 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration NOTICES Senior Executive Service Performance Review Boards Membership, 39049-39051 2019-16977 Treasury Treasury Department See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Tip Form, 39010-39011 2019-17022 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Genomic Medicine Program Advisory Committee, 39051 2019-16931 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 39054-39173 2019-16603 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. 84 153 Thursday, August 8, 2019 Rules and Regulations NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 790 RIN 3133-AF04 Office Name Change AGENCY: National Credit Union Administration (NCUA). ACTION: Final rule. SUMMARY: The NCUA Board (Board) is issuing a final rule to update its regulations to reflect the renaming of its “Office of Public and Congressional Affairs.” The office was recently renamed the “Office of External Affairs and Communications.” DATES: The final rule is effective August 8, 2019. FOR FURTHER INFORMATION CONTACT: Thomas I. Zells, Staff Attorney, Office of General Counsel, at 1775 Duke Street, Alexandria, VA 22314 or telephone:

(703)548-2478. SUPPLEMENTARY INFORMATION: I. Background II. Regulatory Procedures I. Background The Board renamed the “Office of Public and Congressional Affairs” to the “Office of External Affairs and Communications” on July 18, 2019. The new name for the office better encapsulates its scope and duties. This rulemaking amends part 790 of the NCUA's regulations to reflect the office's new name. II. Regulatory Procedures A. Final Rule Under the Administrative Procedure Act

(APA)Generally, the APA requires a federal agency to provide the public with notice and an opportunity to comment on agency rulemakings. 1 This rule is exempt from the APA's notice and comment requirement because it only addresses the NCUA's organization and structure. 2 1 5 U.S.C. 553(b). 2 *Id.* (b)(A). B. Effective Date The APA also generally requires publication of a rule in the **Federal Register** at least 30 days before the effective date of the rule. Agencies can dispense with the 30-day requirement for good cause. 3 The NCUA finds good cause to dispense with the 30-day effective date requirement, as this rule is technical rather than substantive. The rule will be effective immediately upon publication. 3 *Id.* 553(d)(3). C. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)generally requires that, in connection with a final rule, an agency prepare and make available for public comment a final regulatory flexibility analysis that describes the impact of the final rule on small entities. A regulatory flexibility analysis is not required, however, if the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities (defined for purposes of the RFA to include credit unions with assets less than $100 million) 4 and publishes its certification and a short, explanatory statement in the **Federal Register** together with the rule. The final rule makes only technical changes and will not have an impact on small credit unions. Accordingly, the NCUA certifies that this final rule will not have a significant economic impact on a substantial number of small credit unions. 4 *See* 80 FR 57512 (Sept. 24, 2015). D. Paperwork Reduction Act This final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995. 5 5 44 U.S.C. *et seq.* E. Executive Order 13132 Executive Order 13132 encourages independent regulatory agencies to consider the impact of their actions on state and local interests. In adherence to fundamental federalism principles, the NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies with the executive order. This rulemaking will not have a substantial direct effect on the states, on the connection between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. The NCUA has determined that this final rule does not constitute a policy that has federalism implications for purposes of the executive order. F. Assessment of Federal Regulations and Policies on Families The NCUA has determined that this final rule will not affect family well-being within the meaning of Section 654 of the Treasury and General Government Appropriations Act, 1999. 6 6 Public Law 105-277, 112 Stat. 2681 (1998). List of Subjects in 12 CFR Part 790 Organization and functions (Government agencies). By the National Credit Union Administration Board on July 30, 2019. Gerard Poliquin, Secretary of the Board. For the reasons discussed above, the Board amends 12 CFR part 790 as follows: PART 790—DESCRIPTION OF NCUA; REQUESTS FOR AGENCY ACTION 1. The authority citation for part 790 continues to read as follows: Authority: 12 U.S.C. 1766, 1789, 1795f. 2. Amend § 790.2 by revising paragraphs (b)(6) and

(11)to read as follows: § 790.2 Central and field office organization.

(b)* * *

(6)*Office of the Executive Director.* The Executive Director reports to the entire NCUA Board. The Executive Director translates the NCUA Board policy decisions into workable programs, delegates responsibility for these programs to appropriate staff members, and coordinates the activities of the senior executive staff, which includes: The General Counsel; the Regional Directors; and the Office Directors for the Asset Management and Assistance Center, Chief Economist, Chief Financial Officer, Chief Information Officer, Consumer Financial Protection, Continuity and Security Management, Credit Union Resources and Expansion, Examination and Insurance, Human Resources, Minority and Women Inclusion, National Examinations and Supervision, and External Affairs and Communications. Because of the nature of the attorney/client relationship between the Board and General Counsel, the General Counsel may be directed by the Board not to disclose discussions and/or assignments with anyone, including the Executive Director. The Executive Director is otherwise to be privy to all matters within senior executive staff's responsibility. The Office of the Executive Director also supervises the agency's ombudsman. The ombudsman investigates complaints and recommends solutions on regulatory issues that cannot be resolved at the regional level.

(11)*Office of External Affairs and Communications.* The Director of the Office of External Affairs and Communications is responsible for maintaining NCUA's relationship with the public and the media; for liaison with the U.S. Congress, and with other Executive Branch agencies concerning legislative matters; and for the analysis and development of legislative proposals and public affairs programs. § 790.3 [Amended] 3. Amend § 790.3 by removing the words “Office of Public and Congressional Affairs” and adding in their place “Office of External Affairs and Communications”. [FR Doc. 2019-17009 Filed 8-7-19; 8:45 am]

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