Unknown. Final rule

3,249 words·~15 min read·/register/2010/04/20/2010-8944·

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-04-20.xml --- 75 75 Tuesday, April 20, 2010 Contents Agricultural Agricultural Marketing Service RULES Cranberries Grown in Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, et al.; Changes to Reporting Dates, 20514-20516 2010-8273 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20555-20556 2010-9011 2010-9012 2010-9013 Meetings: Dietary Guidelines Advisory Committee, 20556-20558 2010-9067 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Communicable Diseases in Horses, 20559 2010-9054 Plum Pox Compensation, 20558-20559 2010-9053 Determination of Nonregulated Status for Corn Genetically Engineered for Insect Resistance: Syngenta Biotechnology, Inc., 20560-20561 2010-9198 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20599-20602 2010-9086 2010-9087 2010-9082 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Child Care Development Fund - Reporting Improper Payments - Instructions for States, 20603 2010-9050 Coast Guard Coast Guard RULES Regulated Navigation Areas: Port of Portland Terminal 4, Willamette River, Portland, OR, 20523-20525 2010-9018 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20616-20618 2010-9020 Meetings: Interagency Coordinating Committee on Oil Pollution Research, 20618-20619 2010-9017 Lower Mississippi River Waterway Safety Advisory Committee, 20619 2010-9019 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20561 2010-9058 Commodity Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20568-20570 2010-9014 Consumer Consumer Product Safety Commission PROPOSED RULES Interpretation of Children's Product, 20533-20541 2010-8431 Copyright Copyright Office, Library of Congress RULES Section 111 and Interest Payments, 20526 2010-8970 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20570-20571 2010-9059 Defense Defense Department See Defense Acquisition Regulations System NOTICES 36(b)(1) Arms Sales Notification, 20571-20578 2010-9005 Fiscal Year 2008 Defense Threat Reduction Agency Services Contracts Inventory;

Availability, 20578 2010-8999 Meetings: Department of Defense Task Force on the Prevention of Suicide by Members of the Armed Forces, 20578-20579 2010-9063 Privacy Act; Systems of Records, 20579-20581 2010-9000 2010-9004 Drug Drug Enforcement Administration NOTICES Importer of Controlled Substances; Registration; Correction, 20626 C1--2010--6412 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20581-20582 2010-9070 2010-9071 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Environmental Impact Statements;

Availability, etc.: Decommissioning and/or Long-Term Stewardship at West Valley Demonstration Project and Western New York Nuclear Service Center, 20582-20589 2010-9101 EPA Environmental Protection Agency NOTICES Draft National Pollutant Discharge Elimination System General Permit: Residually Designated Discharges in Milford, Bellingham and Franklin, MA; Proposed Amendments to Preliminary Residual Designation, 20592-20594 2010-9133 Review of Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur, 20595-20596 2010-9069 Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Special Conditions:

Cirrus Design Corp. Model SF50 airplane; Full Authority Digital Engine Control System, 20518-20520 2010-9027 Cirrus Design Corp., Model SF50; Fire Extinguishing for Upper Aft Fuselage Mounted Engine, 20516-20518 2010-9026 PROPOSED RULES Proposed Amendment to Class B Airspace: Cleveland, OH, 20528-20533 2010-9024 NOTICES Meetings: RTCA Special Committee 147; Minimum Operational Performance Standards for Traffic Alert, etc., 20671-20672 2010-9028 Submission Deadlines for Schedule Information:

O'Hare International Airport, John F. Kennedy International Airport, and Newark Liberty International Airport (Winter 2010), 20672 2010-9029 FCC Federal Communications Commission NOTICES Debarment: Schools and Libraries Universal Service Support Mechanism, 20596-20597 2010-9099 Radio Broadcasting Services: AM or FM Proposals to Change the Community of License, 20597 2010-9094 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: City of Oberlin, OH and Free Flow Power Missouri 1, LLC, 20589 2010-8997 Combined Notice of Filings, 20590 2010-9040 Complaints:

PJM Interconnection, L.L.C. v. Midwest Independent Transmission System Operator, Inc., 20590-20591 2010-8996 Final General Conformity Determination: AES Sparrows Point LNG, LLC, et al.; Proposed Sparrows Point LNG Terminal and Pipeline Project, 20591 2010-8998 Petition for Rate Approval: Bay Gas Storage Co., Ltd., 20591-20592 2010-8995 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 20598 2010-9060 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants:

Initiation of Status Review for Sacramento Splittail, 20547-20548 2010-8962 NOTICES Endangered and Threatened Wildlife and Plants; Permit, Santa Cruz County, CA, 20619-20621 2010-9047 Endangered and Threatened Wildlife and Plants; Permits, 20621-20622 2010-9022 Endangered Wildlife and Plants; Permits, 20622-20623 2010-9021 Food Food and Drug Administration RULES New Animal Drugs: Change of Sponsor's Name and Address, 20522-20523 2010-9045 2010-9057 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Postmarket Surveillance, 20604-20606 2010-8977 Tobacco Health Document Submission, 20603-20604 2010-8976 Guidance for Industry: Tobacco Health Document Submission; Availability, 20606-20607 2010-9134 Meetings: Risk Communication Advisory Committee, 20608 2010-9056 Risk Profile: Pathogens and Filth in Spices; Request for Comments and for Scientific Data and Information, 20615-20616 2010-9010 Foreign Foreign Assets Control Office NOTICES Additional Identifying Information Associated With Persons Whose Property and Interests in Property Are Blocked:

Blocking Property of Certain Persons Contributing to the Conflict in Somalia, 20672-20673 2010-9009 GSA General Services Administration NOTICES Transfer of Property: Prospect Island, Sacramento Delta, Solano County, CA, 20598 2010-8990 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health PROPOSED RULES Total Inward Leakage Requirements for Respirators, 20546-20547 2010-9085 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20598-20599 2010-8717 Meetings: Dietary Guidelines Advisory Committee, 20556-20558 2010-9067 Health Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20602-20603 2010-9066 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department RULES Federal Housing Administration: Continuation of FHA Reform-Strengthening Risk Management through Responsible FHA-Approved Lenders, 20718-20735 2010-8837 PROPOSED RULES Homeless Emergency Assistance and Rapid Transition to Housing:

Defining Homeless, 20541-20546 2010-8835 Indian Indian Health Service NOTICES Re-designation of the Service Delivery Area for the Cowlitz Indian Tribe, 20608-20615 2010-8831 Industry Industry and Security Bureau RULES Revisions to Export Administration Regulations Based on 2009 Missile Technology Control Regime Plenary Agreements, 20520-20522 2010-8919 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Trade Administration NOTICES Extension of Final Results of Antidumping Duty New Shipper Review:

Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam, 20563 2010-9081 Extension of the Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review: Laminated Woven Sacks from the People's Republic of China, 20564 2010-9080 Extension of Time Limit for Preliminary Results of Countervailing Duty Administrative Review: Dynamic Random Access Memory Semiconductors from the Republic of Korea, 20564 2010-9077 North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews, 20567-20568 2010-9015 International International Trade Commission NOTICES Investigations:

Barium Chloride from China, 20625-20626 2010-9030 Justice Justice Department See Drug Enforcement Administration Labor Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20626 2010-9049 Land Land Management Bureau NOTICES Filing of Plats of Survey: Arizona, 20623-20625 2010-9046 Montana, 20623 2010-9088 2010-9089 Meetings: Northwest Colorado Resource Advisory Council, 20625 2010-9023 Library Library of Congress See Copyright Office, Library of Congress National Foundation National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20627 2010-9074 NIH National Institutes of Health NOTICES Agricultural Health Study: A Prospective Cohort Study of Cancer and Other Disease Among Men and Women in Agriculture; Correction, 20606 2010-9098 Meetings: Center for Scientific Review, 20607-20608 2010-9095 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Individual Fishing Quota Program; Correction, 20526-20527 2010-9065 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Shrimp Fishery of the Gulf of Mexico and South Atlantic; Revisions to Allowable Bycatch Reduction Devices, 20548-20550 2010-9064 Fisheries of the Northeastern United States: Atlantic Herring Fishery; Specifications, 20550-20554 2010-9061 NOTICES Marine Mammals; File No. 14610: Receipt of Application, 20565 2010-8971 Marine Mammals; File No. 14636: Receipt of Application, 20565-20566 2010-9062 Meetings: Mid-Atlantic Fishery Management Council, 20566-20567 2010-9001 2010-9002 New England Fishery Management Council, 20567 2010-8975 North Pacific Fishery Management Council, 20566 2010-9003 Solicitation for Nominations:

National Sea Grant Advisory Board; Public Meeting, 20568 2010-9100 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Cyberinfrastructure, 20627 2010-9051 Nuclear Nuclear Regulatory Commission NOTICES Application and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 20627-20644 2010-8744 Draft Regulatory Guide; Issuance, Availability, 20645 2010-9055 Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Patent Term Extension, 20561-20563 2010-9048 Personnel Personnel Management Office RULES Changes in the Federal Employees Dental and Vision Insurance Program, 20513-20514 2010-8944 Presidential Presidential Documents ADMINISTRATIVE ORDERS America's Great Outdoors Initiative; Establishment (Memorandum of April 16, 2010), 20765-20769 2010-9286 Hospital patients, right to receive visitors and designate decision makers (Memorandum of April 15, 2010), 20511-20512 2010-9211 SEC Securities and Exchange Commission PROPOSED RULES Proposed Amendments to Rule 610 of Regulation NMS, 20738-20763 2010-9016 NOTICES Administrative Proceeding:

Dagong Global Credit Rating Co., Ltd., 20645-20646 2010-9052 Meetings; Sunshine Act, 20646-20647 2010-9116 Order of Suspension of Trading: Apogee Technology, Inc., 20647 2010-9144 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 20649-20651 2010-9032 NASDAQ OMX BX, Inc., 20647-20649 2010-9031 NASDAQ Stock Market LLC, 20651-20653 2010-9033 State State Department NOTICES Environmental Impact Statements; Availability, etc.: Proposed TransCanada Keystone XL Pipeline Project, 20653-20656 2010-9075 Funding Opportunity: smART Power:

Visual Arts Program; Request for Grant Proposals, 20656-20663 2010-9076 TechWomen; Request for Grant Proposals, 20663-20670 2010-9079 Trade Trade Representative, Office of United States NOTICES WTO Dispute Settlement Proceeding Regarding United States—Use of Zeroing in Anti-Dumping Measures: Products from Korea, 20670-20671 2010-9008 Transportation Transportation Department See Federal Aviation Administration Treasury Treasury Department See Foreign Assets Control Office NOTICES Privacy Act;

Systems of Records, 20676-20716 2010-8926 Separate Parts In This Issue Part II Treasury Department, 20676-20716 2010-8926 Part III Housing and Urban Development Department, 20718-20735 2010-8837 Part IV Securities and Exchange Commission, 20738-20763 2010-9016 Part V Presidential Documents, 20765-20769 2010-9286 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 75 Tuesday, April 20, 2010 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 894 RIN 3206-AL78 Changes in the Federal Employees Dental and Vision Insurance Program AGENCY: U.S. Office of Personnel Management.

ACTION: Final rule. SUMMARY: The U.S. Office of Personnel Management

(OPM)is issuing final regulations on changes in the Federal Employees Dental and Vision Insurance Program (FEDVIP). We are amending the regulations to authorize retroactive enrollment changes when an enrollee has lost his or her spouse through death or divorce or the enrollee's last eligible child dies, marries, or reaches age 22. We are also amending the regulations to add that an individual may enroll 31 days before the enrollee or an eligible family member loses other dental and/or vision coverage. We are amending the regulations to clarify the reference to excluded positions in 5 U.S.C. 8901(1). We are also including in the regulations certain former Senate restaurant employees who were employees of the Architect of the Capitol as individuals who are eligible to elect to continue enrollment in FEDVIP if they are eligible and elect to continue their retirement coverage. DATES: Effective May 20, 2010. FOR FURTHER INFORMATION CONTACT: Ron Brown,

(202)606-0004, or e-mail at *ronald.brown@opm.gov.* SUPPLEMENTARY INFORMATION: Background On December 23, 2004, Public Law 108-496, 118 Stat. 4001, was signed into law. This law established a dental benefits and vision benefits program for Federal employees, annuitants, and their eligible family members. The first effective date of coverage was December 31, 2006. The existing regulations allow an enrollment change based on a Qualifying Life Event

(QLE)only when the enrollee requests it during the period beginning 31 days before the QLE and ending 60 days after the QLE. The change in enrollment is effective the first day of the first pay period following the date of the request. If the enrollee has no more eligible family members and he or she misses the 60-day time limit, there is no provision that will allow for the change in enrollment to be made retroactive to the first day of the first pay period following the date the family member lost eligibility. Enrollees are being forced to pay for a family enrollment or a self plus one enrollment even though their family members are deceased or no longer eligible for coverage, until the next Open Season opportunity to change enrollment. This amendment will lift the deadline by which such an enrollee must change his or her enrollment and will allow the enrollment change to take effect retroactively when the enrollee has a self plus one enrollment and his or her family member dies or loses eligibility, through divorce or when the dependent child marries or reaches age 22. This amendment will also allow retroactive enrollment changes from a family enrollment that includes two family members to a self plus one enrollment if one of the family members loses eligibility (i.e., when there is a death or divorce, or when a dependent child marries or reaches age 22). When an eligible family member loses dental or vision coverage, the existing regulations allow the enrollee to increase his or her type of enrollment during the period beginning 31 days before the event and ending 60 days after the event. However, the regulations allow an employee who is not enrolled, and who loses his or her other dental or vision coverage, to enroll within 60 days after the event. This amendment will correct this inconsistency and allow an employee who loses other dental or vision coverage to enroll from 31 days before until 60 days after the event. The existing regulations (5 CFR 894.302) state that excluded positions are described in 5 U.S.C. 8901(1)(I). This amendment will clarify that excluded positions are described in 5 U.S.C. 8901(1)(i), (ii), (iii), and (iv). Public Law 110-279, enacted July 17, 2008, provides for certain Federal employee benefits to be continued for certain employees of the Senate Restaurants after the operations of the Senate Restaurants are contracted to be performed by a private business concern. The law provides that a Senate Restaurants employee, who is an employee of the Architect of the Capitol on the date of enactment and who accepts employment by the private business concern as part of the transition, may elect to continue Federal benefits during continuous employment with the business concern. We are revising the FEDVIP regulations to address continuation of coverage for these individuals. On June 2, 2009, OPM published proposed regulations in the **Federal Register** (74 FR 26302-26303) and comments were requested by August 3, 2009. OPM received one comment from a FEDVIP enrollee who requested that OPM allow FEDVIP enrollees to cancel their coverage when their dental or vision provider terminates participation in the Program. When the Program began, OPM determined that it would create a financial hardship on the participating dental and vision plans if we allowed enrollees to cancel at anytime. OPM also advises prospective FEDVIP enrollees that the participation of any one provider cannot be guaranteed. Therefore, we will not consider the termination of the participation of a provider as a Qualifying Life Event to allow a cancellation of enrollment. The regulation as proposed has not been changed. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because the regulation only affects dental and vision benefits of Federal employees and annuitants. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. 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. List of Subjects in 5 CFR Part 894 Administrative practice and procedure, Employee benefit plans, Government employees, Reporting and recordkeeping requirements, Retirement. U.S. Office of Personnel Management. John Berry, Director. Accordingly, OPM amends 5 CFR part 894 as follows: PART 894—FEDERAL EMPLOYEES DENTAL AND VISION PROGRAM 1. The authority citation for part 894 is revised to read as follows: Authority: 5 U.S.C. 8962; 5 U.S.C. 8992; subpart C also issued under sec. 1 of Pub. L. 110-279, 122 Stat. 2604. Subpart C—Eligibility 2. Revise § 894.301 to read as follows: § 894.301 Am I eligible to enroll in the FEDVIP? You are eligible if—

(a)You meet the definition of *employee* in 5 U.S.C. 8901(1), unless you are in an excluded position;

(b)You are an employee of the United States Postal Service or the District of Columbia courts; or (c)(1) You were employed by the Architect of the Capitol as a Senate Restaurants employee the day before the food services operations of the Senate Restaurants were transferred to a private business concern; and

(2)You accepted employment by the business concern and elected to continue your Federal retirement benefits and your FEDVIP coverage. You continue to be eligible for FEDVIP coverage as long as you remain employed by the business concern or its successor. 3. Revise § 894.302 introductory text to read as follows: § 894.302 What is an excluded position? Excluded positions are described in 5 U.S.C. 8901(1)(i), (ii), (iii), and

(iv)and 5 CFR 890.102(c), except that employees of the United States Postal Service and District of Columbia courts are not excluded positions. Subpart E—Enrollment and Changing Enrollment 4. Revise § 894.501(d) to read as follows: § 894.501 When may I enroll?

(d)From 31 days before you or an eligible family member loses other dental/vision coverage to 60 days after a QLE that allows you to enroll. 5. Revise § 894.510(c) and

(d)to read as follows: § 894.510 When may I decrease my type of enrollment? (c)(1) Except as provided in paragraph (c)(2) of this section, you may decrease your type of enrollment only during the period beginning 31 days before your QLE and ending 60 days after your QLE.

(2)You may make any of the following enrollment changes at any time beginning 31 days before a QLE listed in § 894.511(a):

(i)A decrease in your self plus one enrollment;

(ii)A decrease in your self and family enrollment to a self plus one enrollment, when you have only one remaining eligible family member; or

(iii)A decrease in your self and family enrollment to a self only enrollment, when you have no remaining eligible family members. (d)(1) Except as provided in paragraph (d)(2) of this section, your change in enrollment is effective the first day of the first pay period following the one in which you make the change.

(2)If you are making an enrollment change described in paragraph (c)(2) of this section, your change in enrollment is effective on the first day of the first pay period following the QLE on which the enrollment change is based. [FR Doc. 2010-8944 Filed 4-19-10; 8:45 am]

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