Unknown. Final rule

3,017 words·~14 min read·/register/2019/09/23/2019-20124

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-2019-09-23.xml --- 84 184 Monday, September 23, 2019 Contents Agricultural Marketing Agricultural Marketing Service RULES Voluntary Grading of Meats, Prepared Meats, Meat Products, Shell Eggs, Poultry Products, and Rabbit Products, 49637-49644 2019-20123 PROPOSED RULES Decreased Assessment Rate: Marketing Order Regulating the Handling of Sweet Cherries Grown in Designated Counties in Washington, 49682-49684 2019-20451 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Rural Utilities Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 49705 2019-20468 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Improving Customer Experience, 49705-49706 2019-20445 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FEL Out of Business Records, 49766-49767 2019-20492 Animal Animal and Plant Health Inspection Service PROPOSED RULES Deregulation of Pine Shoot Beetle, 49680-49681 2019-20381 NOTICES Import Requirements:

Fresh Sand Pears from Japan into the United States, 49709-49710 2019-20532 Fresh Unshu Oranges From Japan Into the United States, 49707-49708 2019-20531 List of Regions Affected with African Swine Fever: Addition of Hong Kong, 49706-49707 2019-20522 Addition of Laos, 49709 2019-20521 Addition of the Democratic People's Republic of Korea, 49708-49709 2019-20520 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49738-49739 2019-20484 Medicare and Medicaid Programs:

Application from the Compliance Team for Initial CMS Approval of its Diabetes Outpatient Self-Management Training Accreditation Program, 49739-49741 2019-20466 Medicare Program: Application from the Compliance Team for Initial CMS-Approval of Its Home Infusion Therapy Accreditation Program, 49736-49738 2019-20465 Civil Rights Civil Rights Commission NOTICES Meetings: Colorado Advisory Committee, 49715 2019-20469 District of Columbia Advisory Committee, 49715-49716 2019-20499 Vermont Advisory Committee, 49716-49717 2019-20498 West Virginia Advisory Committee, 49716 2019-20500 Commerce Commerce Department See Foreign-Trade Zones Board See National Oceanic and Atmospheric Administration Education Department Education Department RULES Student Assistance General Provisions, Federal Family Education Loan Program, and William D.

Ford Federal Direct Loan Program, 49788-49933 2019-19309 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Oak Ridge; Correction, 49721 2019-20470 Request for Information: Water Security Grand Challenge Resource Recovery Prize, 49719-49721 2019-20541 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations:

Illinois; State Board and Infrastructure State Implementation Plan Requirements, 49671-49675 2019-20129 Indiana; Attainment Plan for the Morgan County Sulfur Dioxide Nonattainment Area, 49659-49661 2019-20130 Maryland; Removal of Stage II Gasoline Vapor Recovery Program Requirements, 49667-49670 2019-20197 Missouri; Removal of Control of Volatile Organic Compounds Emissions from Traffic Coatings, 49670-49671 2019-20320 Missouri; Rescission of Information on Sales of Fuels to be Provided and Maintained and Certain Coals to be Washed, 49661-49663 2019-20321 Texas;

Infrastructure for the 2015 Ozone National Ambient Air Quality Standard, 49663-49667 2019-20314 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the South Valley Superfund Site, 49675-49676 2019-20193 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona; Maricopa County, 49699-49704 2019-20425 NOTICES Comprehensive Environmental Response, Compensation and Liability Act or Superfund:

Grant Funding Guidance for State and Tribal Response Programs for Fiscal Year 2020, 49728-49729 2019-20554 Pesticide Registration Maintenance Fee: Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations, 49729-49735 2019-20523 Export Import Export-Import Bank NOTICES Meetings; Sunshine Act, 49735 2019-20673 Farm Credit Farm Credit Administration PROPOSED RULES Implementation of the Current Expected Credit Losses Methodology for Allowances, Related Adjustments to the Tier 1/Tier 2 Capital Rule, and Conforming Amendments, 49684-49690 2019-19916 Federal Aviation Federal Aviation Administration RULES Special Conditions:

Diamond Aircraft Industries of Canada Model DA-62 Airplanes; Electronic Engine Control System Installation, 49648-49650 2019-20325 NOTICES Petition for Exemption; Summary: Key Lime Air Corporation, 49783 2019-20546 Federal Communications Federal Communications Commission RULES Radio Broadcasting Services; Various Locations, 49677-49678 2019-20210 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 49676-49677 2019-20214 NOTICES Final Flood Hazard Determinations, 49745-49749 2019-20479 2019-20482 Flood Hazard Determinations;

Changes, 49749-49751 2019-20481 Flood Hazard Determinations; Proposals, 49747-49748 2019-20478 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49724-49725 2019-20515 Application: Texas Eastern Transmission, LP, 49723-49724 2019-20506 Combined Filings, 49726-49728 2019-20497 2019-20505 Meetings: Electric Quarterly Report Users Group, 49726 2019-20504 Meetings; Sunshine Act, 49722 2019-20626 Permit Application:

Pumped Hydro Storage, LLC, 49721-49723 2019-20495 2019-20502 2019-20503 Records Governing Off-the-Record Communications, 49725-49726 2019-20496 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Cherokee County, Texas, 49784-49785 2019-19947 Final Federal Agency Actions: Proposed Highway in Utah, 49783-49784 2019-20545 Federal Maritime Federal Maritime Commission NOTICES Meetings; Sunshine Act, 49735 2019-20668 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings;

Sunshine Act, 49735-49736 2019-20589 2019-20590 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 49736 2019-20455 2019-20456 Fish Fish and Wildlife Service NOTICES Habitat Conservation Plan for the Yelm Pocket Gopher: Incidental Take Permit Application in Thurston County, WA; Categorical Exclusion, 49757-49758 2019-20544 Food and Drug Food and Drug Administration NOTICES Guidance: Interacting with the Food and Drug Administration on Complex Innovative Clinical Trial Designs for Drugs and Biological Products, 49743-49744 2019-20494 The Accreditation Scheme for Conformity Assessment Pilot Program, 49741-49743 2019-20543 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Expansion:

Foreign-Trade Zone 265; Conroe, TX, 49718 2019-20516 Application for Subzone: Patterson Pump Co., Foreign-Trade Zone 26, Atlanta, GA, 49717 2019-20514 Proposed Production Activity: Benteler Steel/Tube Manufacturing Corp., Foreign-Trade Zone 145, Shreveport, LA, 49717-49718 2019-20517 South Florida Lumber Co., Foreign-Trade Zone 281, Miami, FL, 49718-49719 2019-20518 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Plan of Operations Amendment 1 for the Kensington Gold Mine, Tongass National Forest, AK, 49711-49712 2019-20534 Meetings:

Coconino Resource Advisory Committee, 49712-49713 2019-20538 Ketchikan Resource Advisory Committee, 49714-49715 2019-20539 Lynn Canal-Icy Strait Resource Advisory Committee, 49714 2019-20537 Lyon-Mineral Resource Advisory Committee, 49713 2019-20536 Siskiyou

(OR)Resource Advisory Committee, 49713-49714 2019-20450 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Office of Natural Resources Revenue Internal Revenue Internal Revenue Service RULES Hardship Distributions of Elective Contributions, Qualified Matching Contributions, Qualified Nonelective Contributions, and Earnings, 49651-49659 2019-20511 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Fabricated Structural Steel from Canada, China, and Mexico, 49765-49766 2019-20493 Silicon Metal from Russia, 49763-49764 2019-20463 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Bone Cements and Bone Cement Accessories, 49764 2019-20462 Certain Toner Cartridges, Components Thereof, and Systems Containing Same, 49762-49763 2019-20461 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Proposed Consent Decree: Clean Air Act, 49767-49768 2019-20464 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of Employer Performance Measurement Approaches, 49768-49769 2019-20486 Weekly Claims and Extended Benefits Data and Weekly Initial and Continued Weeks Claimed, 49768 2019-20487 Land Land Management Bureau NOTICES Plats of Survey: Arizona, 49758-49759 2019-20542 Management Management and Budget Office NOTICES Senior Executive Service Performance Review Board Membership, 49769-49770 2019-20488 NASA National Aeronautics and Space Administration NOTICES Centennial Challenges CO <sup>2</sup> Conversion Challenge, 49770-49771 2019-20483 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: Humanities Panel, 49771-49772 2019-20460 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Institute National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 49744 2019-20449 National Heart, Lung, and Blood Institute, 49744-49745 2019-20447 2019-20448 National Labor National Labor Relations Board PROPOSED RULES Jurisdiction---Nonemployee Status of University and College Students Working in Connection with their Studies, 49691-49699 2019-20510 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska: Several Groundfish Species in the Bering Sea and Aleutian Islands Management Area, 49678-49679 2019-20556 National Park National Park Service NOTICES Determination of Eligibility for Consideration as Wilderness Areas: Big South Fork National River and Recreation Area, 49759-49760 2019-20559 Obed Wild and Scenic River, 49760 2019-20560 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 49772-49773 2019-20713 Natural Resources Office of Natural Resources Revenue NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Oil and Gas Valuation, 49760-49762 2019-20473 Peace Peace Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49773 2019-18996 Personnel Personnel Management Office RULES Federal Employees' Retirement System: Present Value Conversion Factors for Spouses of Deceased Separated Employees, 49635-49637 2019-20124 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Meetings: Hazardous Materials: Research and Development Roundtable, 49785 2019-20547 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 49773-49774 2019-20485 Postal Service Postal Service NOTICES Product Change: Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 49774 2019-20467 Priority Mail Negotiated Service Agreement, 49774 2019-20471 Rural Utilities Rural Utilities Service RULES Rural Development Environmental Regulation for Rural Infrastructure, 49644-49648 2019-20342 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 49778-49779 2019-20609 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 49779, 49782 2019-20475 2019-20480 Cboe Exchange, Inc., 49774-49778 2019-20477 The Nasdaq Stock Market, LLC, 49779-49782 2019-20474 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: James Tissot: Fashion and Faith, 49782 2019-20512 Determination Pursuant to the Department of State, Foreign Operations, and Related Programs Appropriations Act, 49783 2019-20513 Determination Pursuant to the Foreign Assistance Act for the Use of Funds to Support Burundi and Mauritania, 49783 2019-20519 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Internal Revenue Service RULES Amendment to Statement Processing and Automated Clearinghouse; Correction, 49650-49651 2019-20339 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Extension of the Designation of Syria for Temporary Protected Status, 49751-49757 2019-20457 Customs U.S. Customs and Border Protection RULES Amendment to Statement Processing and Automated Clearinghouse; Correction, 49650-49651 2019-20339 Separate Parts In This Issue Part II Education Department, 49788-49933 2019-19309 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. 84 184 Monday, September 23, 2019 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 843 RIN 3206-AN82 Federal Employees' Retirement System; Present Value Conversion Factors for Spouses of Deceased Separated Employees AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management

(OPM)is adopting its proposed rule to revise the table of reduction factors for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities, and to revise the annuity factor for spouses of deceased employees who die in service when those spouses elect to receive the basic employee death benefit in 36 installments under the Federal Employees' Retirement System

(FERS)Act of 1986. These rules are necessary to ensure that the tables conform to the economic and demographic assumptions adopted by the Board of Actuaries and published in the **Federal Register** on May 20, 2019, as required by the United States Code. DATES: This rule becomes effective on October 1, 2019. FOR FURTHER INFORMATION CONTACT: Karla Yeakle,

(202)606-0299. SUPPLEMENTARY INFORMATION: On May 20, 2019, OPM published at 84 FR 22915, a notice in the **Federal Register** to revise the normal cost percentages under the Federal Employees' Retirement System

(FERS)Act of 1986, Public Law 99-335, 100 Stat. 514, as amended, based on economic assumptions and demographic factors adopted by the Board of Actuaries of the Civil Service Retirement System. By statute under 5 U.S.C. 8461(i), the revisions to the actuarial assumptions require corresponding changes in factors used to produce actuarially equivalent benefits when required by the FERS Act. As a result, on May 28, 2019, at 84 FR 24401, OPM published a proposed rule in the **Federal Register** to revise the table of reduction factors in appendix A to subpart C of part 843, Code of Federal Regulations, for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities, and to revise the annuity factor for spouses of deceased employees who die in service when those spouses elect to receive the basic employee death benefit in 36 installments under 5 CFR 843.309. OPM received no written comments on the proposed rule. Regulatory Impact Analysis OPM has examined the impact of this rule as required by Executive Order 12866 and Executive Order 13563, which directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public, health, and safety effects, distributive impacts, and equity). This rule is not a significant regulatory action, under Executive Order 12866 and was not reviewed by OMB. This rule is not a major rule under 5 U.S.C. 804. Reducing Regulation and Controlling Regulatory Costs This rule is not an E.O. 13771 regulatory action because this rule is not a significant regulatory action under E.O. 12866. Regulatory Flexibility Act The Office of Personnel Management certifies that this rule will not have a significant economic impact on a substantial number of small entities. Federalism We have examined this rule in accordance with Executive Order 13132, Federalism, and have determined that this rule will not have any negative impact on the rights, roles and responsibilities of State, local, or tribal governments. Civil Justice Reform This regulation meets the applicable standard set forth in Executive Order 12988. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Congressional Review Act This action pertains to agency management, personnel, and organization and does not substantially affect the rights or obligations of nonagency parties and, accordingly, is not a “rule” as that term is used by the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. Paperwork Reduction Act Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) (PRA), unless that collection of information displays a currently valid Office of Management and Budget

(OMB)Control Number. This rule involves an OMB approved collection of information subject to the PRA Application for Death Benefits (FERS)/Documentation and Elections in Support of Application for Death Benefits when Deceased was an Employee at the Time of Death (FERS), 3206-0172. The public reporting burden for this collection is estimated to average 60 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The total burden hour estimate for this form is 16,751 hours. The systems of record notice for this collection is: OPM SORN CENTRAL-1-Civil Service Retirement and Insurance Records. List of Subjects in 5 CFR Part 843 Air traffic controllers, Disability benefits, Firefighters, Government employees, Law enforcement officers, Pensions, Retirement. Office of Personnel Management. Stephen Hickman, Federal Register Liaison. For the reasons stated in the preamble, the Office of Personnel Management amends 5 CFR part 843 as follows: PART 843—FEDERAL EMPLOYEES RETIREMENT SYSTEM—DEATH BENEFITS AND EMPLOYEE REFUNDS 1. The authority citation for part 843 continues to read as follows: Authority: 5 U.S.C. 8461; §§ 843.205, 843.208, and 843.209 also issued under 5 U.S.C. 8424; § 843.309 also issued under 5 U.S.C. 8442; § 843.406 also issued under 5 U.S.C. 8441. Subpart C—Current and Former Spouse Benefits 2. In § 843.309, revise paragraph (b)(2) to read as follows: § 843.309 Basic employee death benefit.

(b)* * *

(2)For deaths occurring on or after October 1, 2019, 36 equal monthly installments of 2.96358 percent of the amount of the basic employee death benefit. 3. Revise appendix A to subpart C of part 843 to read as follows: Appendix A to Subpart C of Part 843—Present Value Conversion Factors for Earlier Commencing Date of Annuities of Current and Former Spouses of Deceased Separated Employees Age of separated employee at birthday before death Multiplier With at least 10 but less than 20 years of creditable service— 26 .0998 27 .1068 28 .1138 29 .1214 30 .1291 31 .1375 32 .1463 33 .1555 34 .1651 35 .1755 36 .1867 37 .1986 38 .2113 39 .2247 40 .2390 41 .2540 42 .2701 43 .2875 44 .3057 45 .3252 46 .3460 47 .3680 48 .3917 49 .4171 50 .4445 51 .4739 52 .5055 53 .5393 54 .5758 55 .6151 56 .6578 57 .7037 58 .7536 59 .8076 60 .8663 61 .9302 With at least 20, but less than 30 years of creditable service— 36 .2153 37 .2291 38 .2436 39 .2592 40 .2756 41 .2930 42 .3116 43 .3316 44 .3527 45 .3752 46 .3992 47 .4247 48 .4521 49 .4814 50 .5131 51 .5470 52 .5834 53 .6225 54 .6646 55 .7100 56 .7592 57 .8123 58 .8698 59 .9322 Age of separated employee at birthday before death Multiplier by separated employee's year of birth After 1966 From 1950 through 1966 With at least 30 years of creditable service— 46 .4912 .5254 47 .5226 .5591 48 .5564 .5953 49 .5926 .6340 50 .6316 .6757 51 .6733 .7203 52 .7181 .7683 53 .7663 .8199 54 .8182 .8754 55 .8741 .9353 56 .9346 1.0000 [FR Doc. 2019-20124 Filed 9-20-19; 8:45 am]

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