FR Alert – Covering:08/09/2019

Todays Federal Register

DEPARTMENT OF COMMERCE

Agency Notice
SUMMARY: The Office of Trade and Economic Analysis (“OTEA”) of the International Trade Administration, Department of Commerce, received an application for an amended Export Trade Certificate of Review (“Certificate”). This notice summarizes the proposed amendment and requests comments relevant to whether the amended Certificate should be issued. FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, (202) 482-5131 (this is not a toll-free number) or email at [email protected]. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. The regulations implementing Title III are found at 15 CFR part 325. OTEA is issuing this notice pursuant to section 302(b)(1) of the Export Trading Company Act of 1982 (15 U.S.C. 4012(b)(1)) and 15 CFR 325.6(a), which require the Secretary of Commerce to publish a summary of the application in t
[19-17040][Full Article] [PDF]

DEPARTMENT OF DEFENSE

Agency Notice
SUMMARY: This proposed rule proposes revisions to the Medicare hospital outpatient prospective payment system (OPPS) and the Medicare ambulatory surgical center (ASC) payment system for CY 2020 based on our continuing experience with these systems. In this proposed rule, we describe the proposed changes to the amounts and factors used to determine the payment rates for Medicare services paid under the OPPS and those paid under the ASC payment system. In addition, this proposed rule would update and refine the requirements for the Hospital Outpatient Quality Reporting (OQR) Program and the ASC Quality Reporting (ASCQR) Program. In addition, in this proposed rule, we are proposing to establish requirements for all hospitals in the United States for making hospital standard charges available to the public; establish a process and requirements for prior authorization for certain covered outpatient department services; revise the conditions for coverage of organ procurement organizations; and revise the regulations to allow grandfathered children’s hospitals-within- hospitals to increase the number of beds without resulting in the loss of grandfathered status. We also solicit comments on potential revisions to the laboratory date of service policy under the Clinical Laboratory Fee Schedule. Finally, we solicit comments on an appropriate remedy
[19-16107][Full Article] [PDF]
Agency Notice
SUMMARY: DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add Australia as a new World Trade Organization Government Procurement Agreement (WTO GPA) country. DATES: Effective August 9, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Heather Kitchens, telephone 571- 372-6104. SUPPLEMENTARY INFORMATION: I. Background On October 17, 2018, the World Trade Organization (WTO) Committee on Government Procurement approved the accession of Australia to the WTO Agreement on Government Procurement (GPA). Australia submitted its instrument of accession to the Secretary-General of the WTO on April 5, 2019. The WTO GPA entered into force for Australia on May 5, 2019. The United States, which is also a party to the WTO GPA, has agreed to waive discriminatory purchasing requirements for eligible products and suppliers of Australia. The Trade Agreements Act (19 U.S.C. 2501 et seq.) provides the authority for the President to waive the Buy American Act and other discriminatory provisions for eligible products from countries that 
[19-16772][Full Article] [PDF]

DEPARTMENT OF ENERGY

Agency Notice
SUMMARY: On April 25, 2018, the U.S. Department of Energy (DOE) published a notification of petition from the Association of Home Appliance Manufacturers (AHAM) to withdraw, and immediately stay the effectiveness of, the conventional cooking top test procedure. Based on the review of public comments and data received in response to this petition, DOE proposes to withdraw the test procedure for conventional cooking tops established under the Energy Policy and Conservation Act (EPCA). DOE has tentatively determined that the conventional cooking top test procedure may not accurately represent consumer use for gas cooking tops, may not be repeatable or reproducible for both gas and electric cooking tops, and is overly burdensome to conduct. DATES: Written comments and information are requested on or before October 8, 2019. DOE will hold a public meeting on this proposed rule. The details for that public meeting will be provided in a subsequent notice published in the Federal Register. ADDRESSES: Interested persons are encouraged to submit comments, identified by “[Test Procedure for Cooking Products],” by any of the following methods: 1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. 2. Email: [email protected]. Include the docket number EERE-2018-BT-TP-000
[19-16892][Full Article] [PDF]
Agency Notice
SUMMARY: The U.S. Department of Energy (“DOE”) gives notice of a Decision and Order (Case Number 2018-002) that grants Store It Cold a waiver from specified portions of the DOE test procedure for determining the energy efficiency of specified walk-in refrigeration system models. Store It Cold is required to test and rate specified basic models of its walk-in cooler refrigeration system in accordance with the alternate test procedure specified. DATES: The Decision and Order is effective on August 9, 2019. The Decision and Order will terminate upon the compliance date of any future amendment to the test procedure for walk-in cooler refrigeration systems located at 10 CFR part 431, subpart R, appendix C that addresses the issues presented in this waiver. At such time, Store It Cold must use the relevant test procedure for this equipment for any testing to demonstrate compliance with the applicable standards, and any other representations of energy use. FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue, SW, Washington, DC, 20585-0121. Email: [email protected]. Mr. Michael Kido, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-33, Forrestal Building, 1000 Ind
[19-17082][Full Article] [PDF]
Agency Notice
SUMMARY: This document announces receipt of and publishes a petition for waiver from LG Electronics USA, Inc. (“LG”), which seeks an exemption from the U.S. Department of Energy (“DOE”) test procedure used for determining the efficiency of specified portable air conditioner basic models. LG seeks to use an alternate test procedure to address issues involved in testing the basic models identified in its petition. According to LG, the current DOE test procedure for single-duct portable air conditioners does not take into account the benefits of portable air conditioners that use variable-speed compressors (“variable-speed portable air conditioners”), due to their part-load performance characteristics, and misrepresents their actual energy consumption. LG requests use of an alternate test procedure, under which the test unit’s final combined energy efficiency ratio (“CEER”) metric would be calculated by multiplying the unit’s measured CEER value (as measured according to the existing procedure for a single-duct portable air conditioner) by a “performance adjustment factor.” The performance adjustment factor would reflect the performance improvement associated with avoiding [[Page 39275]] cycling losses as a result of implementing a variable-speed compressor, when tested under the two rating conditions currently used for testing
[19-17083][Full Article] [PDF]

DEPARTMENT OF JUSTICE

Agency Notice
[Notices] [Page 39372] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2019-17121] ———————————————————————– DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993–Undersea Technology Innovation Consortium Notice is hereby given that, on July 11, 2019, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Undersea Technology Innovation Consortium (“UTIC”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.
[19-17121][Full Article] [PDF]
Agency Notice
[Notices] [Page 39372] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2019-17116] ———————————————————————– DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993–ODVA, Inc. Notice is hereby given that, on August 1, 2019, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), ODVA, Inc. (“ODVA”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Janome Sewing
[19-17116][Full Article] [PDF]
Agency Notice
[Notices] [Pages 39372-39373] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2019-17126] ———————————————————————– DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993–PXI Systems Alliance, Inc. Notice is hereby given that, on July 23, 2019, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), PXI Systems Alliance, Inc. (“PXI Systems”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions 
[19-17126][Full Article] [PDF]
Agency Notice
[Notices] [Pages 39371-39372] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2019-17122] ———————————————————————– DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993–American Commission of Accreditation for Schools and Universities LLC Notice is hereby given that, on July 24, 2019, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), American Commission of Accreditation for Schools and Universities LLC (“ACASU”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the name and principal place of business of the standards development organization and (2) the nature
[19-17122][Full Article] [PDF]
Agency Notice
[Notices] [Page 39371] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2019-17119] ======================================================================= ———————————————————————– DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993–UHD Alliance, Inc. Notice is hereby given that, on July 22, 2019, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), UHD Alliance, Inc. (“UHD Alliance”) filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust
[19-17119][Full Article] [PDF]

DEPARTMENT OF THE TREASURY

Agency Notice
SUMMARY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is updating the Federal Register notice for the entry of one person on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of this are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. DATES: See SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT: OFAC: Associate Director for Global Targeting, tel.: 202-622-2420; Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490; Assistant Director for Licensing, tel.: 202-622-2480; Assistant Director for Regulatory Affairs, tel. 202-622-4855; or the Department of the Treasury’s Office of the General Counsel: Office of the Chief Counsel (Foreign Assets Control), tel.: 202-622-2410. SUPPLEMENTARY INFORMATION: Electronic Availability The Specially Designated Nationals and Blocked Persons List and additional information concerning OFAC sanctions programs are available on OFAC’s website (www.treasury.gov/ofac).
[19-17049][Full Article] [PDF]

INTERNATIONAL TRADE COMMISSION

Agency Notice
[Notices] [Page 39371] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2019-17029] [[Page 39371]] ———————————————————————– INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-607 and 731-TA-1417 and 1419 (Final)] Steel Propane Cylinders From China and Thailand; Determinations On the basis of the record \1\ developed in the subject investigations, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that an industry in the United States is materially injured by reason of imports of steel propane cylinders from China and Thailand, provided for in subheading 7311.00.00 of the Harmonized Tariff Schedule 
[19-17029][Full Article] [PDF]
Agency Notice
SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 6) issued by the presiding administrative law judge (“ALJ”), granting a joint motion to terminate the investigation based on a stipulated consent order and a settlement agreement. The Commission has also determined to issue a consent order and to terminate the investigation. FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-5468. Copies of non- confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its internet server http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205-1810. SUPPLEMENTARY INFORMATION: The Commissi
[19-17104][Full Article] [PDF]

SECURITIES AND EXCHANGE COMMISSION

Agency Notice
SUMMARY: The U.S. Department of Energy (“DOE”) is initiating an effort to determine whether to amend the current uniform national standard for unfired hot water storage tanks (“UFHWSTs”). Under the Energy Policy and Conservation Act of 1975, as amended, DOE must review this standard at least once every six years and publish either a notice of proposed rulemaking (“NOPR”) to propose an amended standard (or standards) for UFHWSTs or a notice of determination that the existing standard does not need to be amended. This request for information (“RFI”) seeks to solicit information from the public to help DOE determine whether an amended standard for UFHWSTs would result a significant energy savings and whether such a standard would be technologically feasible and economically justified. DOE welcomes written comments from the public on any subject within the scope of this document (including topics not raised in this RFI). DATES: Written comments and information are requested and will be accepted on or before September 23, 2019. ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at http://www.regulations.gov. Follow the instructions for submitting comments. Alternatively, interested persons may submit comments, identified by docket number EERE-2017-BT- STD-0021, by any of the following
[19-17084][Full Article] [PDF]