Unknown. Final rule

3,187 words·~14 min read·/register/2010/06/01/2010-13015

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-06-01.xml --- 75 104 Tuesday, June 1, 2010 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Importation of Peppers From Panama, 30303-30305 2010-13002 Antitrust Antitrust Division NOTICES National Cooperative Research and Production Act of 1993: ASTM International, 30440 2010-12817 Recreational Off-Highway Vehicle Association, 30440 2010-12815 Centers Centers for Disease Control and Prevention NOTICES Meetings:

Advisory Committee to the Director (ACD), Centers for Disease Control and Prevention-Ethics Subcommittee (ES), 30409-30410 2010-13014 Disease, Disability, and Injury Prevention and Control Special Interest Projects, 30409-30410 2010-13011 2010-13101 2010-13104 Centers Centers for Medicare & Medicaid Services NOTICES Privacy Act; Systems of Records, 30411-30415 2010-12996 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Fox River, Green Bay, WI, 30299 2010-12977 Newtown Creek, Dutch Kills, English Kills, and Their Tributaries, NY, Maintenance, 30299-30300 2010-12979 Root River, Racine, WI, 30300 2010-12981 Special Local Regulation for Marine Event:

Maryland Swim for Life, Chester River, Chestertown, MD, 30296-30299 2010-12976 PROPOSED RULES Drawbridge Operation Regulations: Perquimans River, Hertford, NC, 30305-30306 2010-12980 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department See Navy Department NOTICES Defense Transportation Regulation, Part IV, 30385-30386 2010-12999 Election Election Assistance Commission NOTICES Meetings;

Sunshine Act, 30386 2010-13114 Meetings; Sunshine Act: Cancellation, 30386 2010-13115 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Connecticut; Determination of Attainment of 1997 Ozone Standard for Greater Connecticut Area, 30310-30313 2010-13083 NOTICES Approvals of Petition for Exemption: Hazardous Waste Disposal Injection Restrictions to Cabot Corp.

Tuscola, Tuscola, IL, 30392-30393 2010-13089 Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfield, etc., 30393-30395 2010-13072 National Pollutant Discharge Elimination System (NPDES) Permit Requirements: Municipal Sanitary Sewer, Satellite Collection Systems, etc.; Stakeholder Input, 30395-30401 2010-13098 National Primary Drinking Water Regulations: Results of EPA Review of Existing Drinking Water Standards; Extension of Comment Period, 30401-30402 2010-12915 Teleconference Meeting and Public Comment:

National Environmental Justice Advisory Council, 30402-30403 2010-13091 FAA Federal Aviation Administration RULES Airworthiness Directives: AeroSpace Technologies of Australia Pty Ltd Models N22B, N22S, and N24A Airplanes, 30268-30270 2010-12176 AVOX Systems and B/E Aerospace Oxygen Cylinders as Installed on Various 14 CFR Part 23 and CAR 3 Airplanes, 30292-30294 2010-12173 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ, -135ER, -135KE, etc. Airplanes, 30287-30290 2010-11762 Empresa Brasileira de Aeronautica S.A.

(EMBRAER) Model ERJ 170 Airplanes, 30284-30287 2010-12671 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW Airplanes, 30277-30279 2010-12678 McDonnell Douglas Corporation Model MD-11 and MD-11F Airplanes, 30274-30277 2010-12667 Quartz Mountain Aerospace, Inc. Model 11E Airplanes, 30282-30284 2010-12302 SOCATA Model TBM 700 Airplanes, 30272-30274 2010-12595 Stemme GmbH & Co. KG Model S10-VT Powered Sailplanes, 30280-30282 2010-12443 Teledyne Continental Motors

(TCM)240; et al. and Rolls-Royce Motors, Ltd. (R-RM) IO-240-A Reciprocating Engines, 30290-30292 2010-12177 Turbomeca Astazou XIV B and XIV H Turboshaft Engines, 30270-30272 2010-12539 Amendments of Class E Airspace: Hoquiam, WA, 30295 2010-12881 Modifications of Class E Airspace: West Yellowstone, MT, 30295-30296 2010-12908 FCC Federal Communications Commission RULES Jurisdictional Separations and Referral to the Federal-State Joint Board, 30301-30302 2010-13046 FDIC Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30403-30405 2010-13136 Federal Emergency Federal Emergency Management Agency NOTICES Amendment No. 1 to Emergency Declaration: Minnesota, 30415 2010-13047 Amendment No. 1 to Major Disaster Declaration: Connecticut, 30416 2010-13041 Mississippi, 30416 2010-13035 Pennsylvania, 30415-30416 2010-13027 South Dakota, 30416 2010-13030 Amendment No. 2 to Major Disaster Declaration: Kentucky, 30417 2010-13026 Minnesota, 30417 2010-13020 Amendment No. 7 to Major Disaster Declaration: Tennessee, 30417-30418 2010-13081 Amendment No. 8 to Major Disaster Declaration: Tennessee, 30418 2010-13074 Amendment No. 9 to Major Disaster Declaration: Tennessee, 30418 2010-13028 Major Disaster and Related Determinations: Kentucky, 30419-30420 2010-13077 Mississippi, 30419 2010-13023 New Hampshire, 30420 2010-13044 South Dakota, 30418-30421 2010-13025 2010-13029 Major Disaster Declarations: New Hampshire; Amendment (No. 1), 30421 2010-13037 North Dakota; Amendment (No. 1), 30421 2010-13039 Federal Energy Federal Energy Regulatory Commission NOTICES Agenda and Procedures for the Staff Technical Conference: Improving Market and Planning Efficiency Through Improved Software, 30387-30388 2010-12990 Applications: City of Santa Fe; New Mexico, 30389-30390 2010-12993 Natural Currents Energy Services, LLC, 30388-30389 2010-12991 2010-12994 Combined Filings, 30390-30392 2010-12983 2010-12984 Dispute Resolution Panel Meeting and Technical Conference: York Haven Power Company, LLC, 30392 2010-12992 Extension of Time: Transparency Provisions of Section 23 of the Natural Gas Act, 30392 2010-12995 Federal Highway Federal Highway Administration NOTICES Rescission of Intent To Prepare an Environmental Impact Statement: Franklin and Warren Counties; MO, 30480-30481 2010-13008 FMC Federal Maritime Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30406-30407 2010-13065 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisition of Shares of Banks or Bank Holding Companies, 30405 2010-13034 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 30405-30406 2010-13033 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-month Finding on a Petition To List the White-tailed Prairie Dog as Endangered or Threatened, 30338-30363 2010-12599 90-Day Finding on a Petition To List Castanea pumila var. ozarkensis, 30313-30318 2010-13069 Removal of Lake Erie Watersnake Nerodia sipedon insularum from Federal List of Endangered and Threatened Wildlife, 30319-30338 2010-12910 NOTICES Availability of Draft Comprehensive Conservation Plan and Environmental Assessment: Canaan Valley National Wildlife Refuge, Tucker County, WV, 30423-30425 2010-12998 Swan Lake National Wildlife Refuge; Chariton County, MO, 30422-30423 2010-13009 Endangered and Threatened Species Permit Applications, 30425-30426 2010-13013 Receipt of Applications for Permit, 30428-30429 2010-13007 Foreign Foreign-Trade Zones Board NOTICES Application for Reorganization/Expansion under Alternative Site Framework: Foreign-Trade Zone 38—Spartanburg County, South Carolina, 30372 2010-13059 Approvals: Foreign-Trade Zone 196 Temporary/Interim Manufacturing Authority; ATC Logistics and Electronics, 30372 2010-13054 Site Renumbering: Foreign-Trade Zone 64—Jacksonville, Florida, 30385 2010-13056 Forest Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Outreach Opportunity Questionnaire, 30364 2010-13090 Intent to Prepare an Environmental Impact Statement: Mt. Hood and Williamette National Forests; OR; Cascade Crossing Transmission Project, 30364-30366 2010-12920 Meetings: Alpine County Resource Advisory Committee (RAC), 30366 2010-12864 Federal Lands Recreation Enhancement Act, 30366 2010-12821 Gallatin County Resource Advisory Committee, 30366-30367 2010-12323 North Mt. Baker-Snoqualmie Resource Advisory Committee, 30367 2010-12709 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30407 2010-12966 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for NATO International Competitive Bidding, 30367-30368 2010-12989 Foreign Availability Procedures and Criteria, 30368 2010-12988 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service NOTICES Central Utah Project Completion Act, 30421-30422 2010-13016 International International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Textile and Apparel Safeguard Actions on Imports From Peru, 30368-30369 2010-12985 Amended Affirmative Preliminary Countervailing Duty Determination: Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People's Republic of China, 30370-30371 2010-13068 Antidumping or Countervailing Duty Orders, Findings, or Suspended Investigations: Advance Notification of Sunset Reviews, 30371 2010-13061 Elimination of Form ITA-362P, Information on Articles for Physically or Mentally Handicapped Persons Imported Duty-Free, 30373 2010-13052 Extension of Preliminary Results of Antidumping Duty Administrative Review: Certain Polyester Staple Fiber From the People's Republic of China, 30373-30374 2010-13055 Extension of Time Limit for Final Results of the Fifth New Shipper Review: Certain Frozen Fish Fillets From the Socialist Republic of Vietnam, 30374 2010-13067 Final Affirmative Countervailing Duty Determination and Termination of Critical Circumstances Inquiry: Certain Potassium Phosphate Salts From the People's Republic of China, 30375-30377 2010-13070 Final Determination of Sales at Less Than Fair Value and Termination of Critical Circumstances Inquiry: Certain Potassium Phosphate Salts From the People's Republic of China, 30377-30380 2010-13071 Opportunity to Request Administrative Review: Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation, 30383-30385 2010-13063 International International Trade Commission NOTICES Commission Determinations To Review in Part an Initial Determination Denying Temporary Relief, etc.: Certain Silicon Microphone Packages and Products Containing Same, 30430-30431 2010-12742 Institutions of Five-Year Reviews Concerning Antidumping Duty Orders: Carboxymethylcellulose From Finland, Mexico, Netherlands, and Sweden, 30431-30434 2010-12760 Institutions of Five-Year Reviews Concerning Countervailing Duty Orders: Stainless Steel Plate From Belgium, Italy, Korea, South Africa, and Taiwan, 30434-30437 2010-12759 Stainless Steel Sheet and Strip From Korea and Antidumping Duty Ordes, etc., 30437-30440 2010-12763 Justice Justice Department See Antitrust Division See Antitrust Division Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Record of Decision for the Kemmerer Resource Management Plan, 30426-30427 2010-12969 Millenium Millennium Challenge Corporation NOTICES Meetings; Sunshine Act, 30440 2010-13248 Minerals Minerals Management Service NOTICES Terminating Exclusions of Indian Tribal Leases From Valuation: Uintah and Ouray Reservation, 30430 2010-13018 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 30407-30408 2010-13031 National Institute of General Medical Sciences, 30408-30410 2010-13036 2010-13040 2010-13042 National Institute of Neurological Disorders and Stroke, 30409 2010-12780 National Institute on Deafness and other Communication Disorders, 30408 2010-13032 NOAA National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Shark Management Measures; Amendment 3, 30484-30528 2010-12407 NOTICES Funding Availability: Office of Ocean Exploration and Research Fiscal Year 2011 Ocean Exploration of the Aleutian Trench, 30380-30383 2010-12967 Issuance of Permit: Marine Mammals, 30383 2010-13045 NOAAs Arctic Vision and Strategy; Comment Period Extension, 30383 2010-13043 National Park National Park Service NOTICES Intent To Repatriate Cultural Items: University of Idaho; Alfred W. Bowers Laboratory of Anthropology; Moscow, ID, 30427 2010-13062 Inventory Completion: U.S. Department of the Interior, National Park Service; Grand Canyon National Park; Grand Canyon, AZ, 30428 2010-13057 Navy Navy Department NOTICES Preferred Supplier Program (PSP); Correction, 30386 C1--2010--13010 Nuclear Nuclear Regulatory Commission NOTICES Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 30440-30451 2010-12888 Applications: Duke Energy Carolinas, LLC; Correction, 30451 C1--2010--13012 Personnel Personnel Management Office RULES Federal Long Term Care Insurance Program: Eligibility Changes, 30267-30268 2010-13015 Postal Postal Service RULES Restricting the Mailing of Replica or Inert Explosive Devices, 30300-30301 2010-12887 PROPOSED RULES Revisions to the Requirements for Authority To Manufacture and Distribute Postage Evidencing Systems, 30309-30310 2010-12883 SEC Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Order Granting Approval of Accelerated Delivery, etc.: The Options Clearing Corp., 30451-30452 2010-12986 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 30452-30453 2010-13038 Financial Industry Regulatory Authority, Inc., 30453-30459 2010-12987 2010-13005 State State Department NOTICES Assistance to Autonomous Government of Southern Sudan and United States Contribution, etc., 30459 2010-13060 Culturally Significant Objects Imported for Exhibition Determinations: Dynasty and Divinity: Ife Art in Ancient Nigeria, 30459-30460 2010-13066 Thrift Thrift Supervision Office NOTICES Approval of Conversion Application: Jacksonville Bancorp, Inc., Jacksonville, IL, 30481 2010-12819 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration NOTICES Application for Certificate of Authority: KaiserAir, Inc., 30460 2010-13022 Funding Availability: National Infrastructure Investments, etc., 30460-30480 2010-13078 Treasury Treasury Department See Thrift Supervision Office Customs U.S. Customs and Border Protection NOTICES Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers, 30530-30685 2010-13053 Veterans Veterans Affairs Department PROPOSED RULES Responding to Disruptive Patients, 30306-30309 2010-13048 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 30484-30528 2010-12407 Part III Homeland Security Department, U.S. Customs and Border Protection, 30530-30685 2010-13053 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. 75 104 Tuesday, June 1, 2010 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 875 RIN 3206-AL92 Federal Long Term Care Insurance Program: Eligibility Changes AGENCY: U.S. Office of Personnel Management. ACTION: Final rule. SUMMARY: The U.S. Office of Personnel Management

(OPM)is issuing a final regulation to expand eligibility to apply for coverage under the Federal Long Term Care Insurance Program (FLTCIP). Under this regulation, the definition of “qualified relative” is expanded to cover the same-sex domestic partners of eligible Federal and U.S. Postal Service employees and annuitants. DATES: Effective July 1, 2010. FOR FURTHER INFORMATION CONTACT: John Cutler, at *john.cutler@opm.gov* or

(202)606-0004. SUPPLEMENTARY INFORMATION: The President's Memorandum of June 17, 2009, on Federal Benefits and Non-Discrimination requested that the Office of Personnel Management

(OPM)extend certain benefits that can be provided to same-sex domestic partners of Federal employees consistent with Federal law. On September 14, 2009, OPM published proposed regulations in the **Federal Register** (74 FR 46937-46938) to expand eligibility to apply for coverage under the Federal Long Term Care Insurance Program (FLTCIP). Comments were requested by November 13, 2009. After reviewing the comments received, OPM has decided to release this final regulation without any changes from the proposed regulation. Therefore, the regulation will expand the term “qualified relative” found in 5 U.S.C. 9001(5)(D) to include additional individuals who are same-sex domestic partners of a Federal or U.S. Postal Service employee or annuitant. Prior to this regulation, a “qualified relative” included a spouse, parent, stepparent, parent-in-law, and adult child at least age 18. OPM received 51 comments on our proposal to extend benefit eligibility to same-sex domestic partners, with the comments running about 3 to 1 in favor of such a change. A number of comments asked that opposite-sex domestic partners be included. However, as stated in the proposed regulation, opposite-sex domestic partners were not included because they may obtain eligibility to apply for Federal long term care insurance through marriage, an option not currently available to same-sex domestic partners. Some comments suggested a clarification of the documentation that OPM will require to verify the domestic partner status. The documentation will consist of an attestation that the domestic partners meet the criteria in § 875.213(b). OPM does not expect to establish more rigorous criteria for the attestation as that would impose a greater burden on domestic partners than other qualified relatives. For instance, we do not require documentation such as bank statements or other proof of financial support for spousal coverage. We received some comments suggesting that we add a requirement for a “common residence.” Again, the documentation will consist of an attestation that the domestic partners meet the criteria in § 875.213(b). OPM does not want to establish more rigorous criteria for the attestation as that would impose a greater burden on domestic partners than other qualified relatives. We do not expect to require other documentation or to impose other tests or requirements in order to apply, enroll (if approved for coverage), or maintain coverage. Other commenters who addressed the documentation requirements requested clarity as to how the attestation would be created and where it would be maintained. Two comments stated a preference for the documentation to be kept by OPM. We believe the employing agency or retirement system is the appropriate place for such documentation because the agency/retirement system serves as the personnel office for its employees/annuitants. OPM does not maintain employment records for employees other than for its own agency employees. OPM will supply an attestation document on its website for the use of employees, retirees, and their same-sex domestic partners. OPM does not intend to publish the document for comment since the attestation requirements have already been made available through the regulation. There was a suggestion in some comments that OPM not require documentation of a same-sex domestic partnership for individuals in states where same-sex marriage or creation of a similar relationship, such as a civil union, is permitted. However, because of the variation from state to state, OPM has chosen a uniform set of criteria that all eligible employees, retirees, and their same-sex domestic partners must meet regardless of the state they reside in. Therefore, in order to be eligible to apply for Federal long term care insurance as qualified relatives, domestic partners must meet the standards provided in § 875.213(b), including the attestation requirement. Finally, there were some comments requesting that coverage be extended to other family members, specifically parents of the domestic partner. We do not intend to extend benefits to other individuals at this time. 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 adds an additional group to the list of groups eligible to apply for coverage under the FLTCIP. The FLTCIP is a voluntary, self-pay benefits program with no Government contribution. 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 875 Administrative practices and procedures, Employee benefit plans, Government contracts, Government employees, Health insurance, Military personnel, Organization and functions, Retirement. U.S. Office of Personnel Management. John Berry, Director. Accordingly, OPM amends 5 CFR part 875, as follows: PART 875—FEDERAL LONG TERM CARE INSURANCE PROGRAM 1. The authority citation for 5 CFR part 875 continues to read as follows: Authority: Authority: 5 U.S.C. 9008. 2. Add a new § 875.213 to subpart B to read as follows: § 875.213 May I apply as a qualified relative if I am the domestic partner of an employee or annuitant?

(a)You may apply for coverage as a qualified relative if you are a domestic partner, as described in paragraph

(b)of this section. As prescribed by OPM, you will be required to provide documentation to demonstrate that you meet these requirements.

(b)For purposes of this part, the term “domestic partner” is a person in a domestic partnership with an employee or annuitant of the same sex. The term “domestic partnership” is defined as a committed relationship between two adults, of the same sex, in which the partners—

(1)Are each other's sole domestic partner and intend to remain so indefinitely;

(2)Have a common residence, and intend to continue the arrangement indefinitely;

(3)Are at least 18 years of age and mentally competent to consent to a contract;

(4)Share responsibility for a significant measure of each other's financial obligations;

(5)Are not married to anyone else;

(6)Are not a domestic partner of anyone else;

(7)Are not related in a way that, if they were of opposite sex, would prohibit legal marriage in the State in which they reside; and

(8)Certify that they understand that willful falsification of the documentation described in paragraph

(a)of this section may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification and may constitute a criminal violation under 18 U.S.C. 1001. [FR Doc. 2010-13015 Filed 5-28-10; 8:45 am]

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