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Code · REGISTER · 2011-08-31 · Rules and Regulations

Rules and Regulations. Final rule

3,510 words·~16 min read·/register/2011/08/31/2011-22268

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-2011-08-31.xml --- 76 169 Wednesday, August 31, 2011 Contents Agricultural Marketing Agricultural Marketing Service RULES Assessment Rate Decrease for Fresh Pears Grown in Oregon and Washington, 54075-54078 2011-22113 Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports, 54078-54093 2011-22159 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Food Safety and Inspection Service See Forest Service NOTICES Privacy Act;
Systems of Records, 54190-54192 2011-22241 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Explosives License/Permit Renewal Application, 54255-54256 2011-22181 Federal Firearms License Renewal Application, 54255 2011-22180 Animal Animal and Plant Health Inspection Service NOTICES Fiscal Year 2012 User Fees: Veterinary Import/Export, Diagnostic Services, and Export Certification for Plants and Plant Products, 54193-54194 2011-22242 Census Bureau Census Bureau NOTICES Meetings:
Census Scientific Advisory Committee, 54197-54198 2011-22276 Civil Rights Civil Rights Commission NOTICES Meetings; Sunshine Act, 54196 2011-22425 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Membership of the Departmental Performance Review Board, 54196-54197 2011-22099 Membership of the Office of the Secretary Performance Review Board, 54197 2011-22101 Consumer Product Consumer Product Safety Commission NOTICES Third Party Testing for Certain Childrens Products;
Toys: Requirements for Accreditation of Third Party Conformity Assessment Bodies, 54218-54222 2011-22235 Defense Department Defense Department See Navy Department Energy Department Energy Department NOTICES Environmental Assessments; Availability, etc.: Knolls Atomic Power Laboratory, Kesselring Site, 54223-54224 2011-22269 Meetings: Energy Efficiency and Renewable Energy Advisory Committee, 54224-54225 2011-22270 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances:
Tebuconazole, 54127-54133 2011-22138 Review of National Ambient Air Quality Standards for Carbon Monoxide, 54294-54343 2011-21359 PROPOSED RULES Data Call-in Order for Pesticide Tolerance: Fenamiphos, 54185-54188 2011-22127 NOTICES Draft Toxicological Reviews: 1,4-Dioxane; Public Comment Period and Listening Session, 54225-54227 2011-22290 Acrylonitrile; Extension of Comment Period, 54228-54229 2011-22288 n-Butanol, 54227-54228 2011-22294 Pesticide Experimental Use Permits; Applications, 54229-54230 2011-22287 Product Cancellation Order for Certain Pesticide Registrations, 54230-54233 2011-22135 Farm Service Farm Service Agency RULES Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program, etc.:
Technical Amendment, 54072-54075 2011-22323 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc. Model DHC-8-400 Series Airplanes, 54093-54095 2011-22013 Pilot in Command Proficiency Check and Other Changes to the Pilot and Pilot School Certification Rules, 54095-54110 2011-22308 PROPOSED RULES Airworthiness Directives: 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH, etc.) Model 328 100 Airplanes, 54145-54148 2011-22226 BAE SYSTEMS (Operations) Limited Model 4101 Airplanes, 54139-54141 2011-22224 Cessna Aircraft Co.
Model 680 Airplanes, 54141-54143 2011-22225 Turbomeca Arriel 1B Turboshaft Engines, 54143-54145 2011-22246 Amendments of Class E Airspace: Emmonak, AK, 54148-54149 2011-22227 Galbraith Lake, AK, 54152-54153 2011-22228 Kipnuk, AK, 54149-54150 2011-22230 Kwigillingok, AK, 54151-54152 2011-22229 Proposed Amendment of Class D and Class E Airspace: Baltimore, MD, 54153-54155 2011-22319 Proposed Establishment of Class E Airspace: Danville, PA, 54155-54156 2011-22317 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application for Certificate of Waiver or Authorization, 54286-54287 2011-22245 Commercial Space Transportation Reusable Launch Vehicle and Reentry Licensing, 54285-54286 2011-22248 General Aviation Awards Program, 54283-54284 2011-22232 License Requirements for Operation of Launch Site, 54286 2011-22247 Reduced Vertical Separation Minimum, 54284 2011-22251 Rotorcraft External Load Operator Certificate Application, 54285 2011-22250 Intents to Release Federally-Obligated Airport Properties:
Tampa International Airport, Tampa, FL, 54287 2011-22233 Petitions for Exemptions; Summaries of Petitions Received, 54287-54288 2011-22328 Federal Communications Federal Communications Commission PROPOSED RULES Television Broadcasting Services: Hampton-Norfolk, VA; Norfolk, VA-Elizabeth City, NC, 54189 2011-22200 Montgomery, AL, 54188-54189 2011-22296 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54233-54234 2011-22216 Meetings: Communications Security, Reliability, and Interoperability Council, 54234-54235 2011-22201 Federal Election Federal Election Commission NOTICES Meetings;
Sunshine Act, 54235 2011-22365 Federal Emergency Federal Emergency Management Agency RULES Flood Elevation Determinations, 54134-54137 2011-22252 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Integrated Public Alert and Warning Systems (IPAWS) Inventory, 54245-54246 2011-22249 Federal Highway Federal Highway Administration PROPOSED RULES National Standards for Traffic Control Devices: Manual on Uniform Traffic Control Devices for Streets and Highways;
Revision, 54156-54162 2011-22006 NOTICES Limitations on Claims for Judicial Reviews of Actions: Proposed Bridge and Approach Roadways in Nevada and Arizona; Final Federal Agency Actions, 54288 2011-22285 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 54235 2011-22322 Federal Motor Federal Motor Carrier Safety Administration NOTICES Procedural Changes to the Performance and Registration Information Systems Management Program, 54288-54289 2011-22318 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 54289-54290 2011-22320 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants:
Revised Designation of Critical Habitat for the Sonoma County Distinct Population Segment of California Tiger Salamander, 54346-54372 2011-21945 NOTICES Environmental Assessments; Availability, etc.: Supawna Meadows National Wildlife Refuge, Salem County, NJ, 54247-54248 2011-22038 Food Safety Food Safety and Inspection Service NOTICES Final Compliance Guides; Availability: Use of Video or Other Electronic Monitoring or Recording Equipment in Federally Inspected Establishments, 54194-54195 2011-22286 Forest Forest Service NOTICES 2010 Resources Planning Act Assessment Draft, 54195 2011-22240 Meetings:
Cherokee National Forest Secure Rural Schools Resource Advisory Committee, 54196 2011-21474 Eastern Washington Cascades Provincial and Yakima Provincial Advisory Committees, 54196 2011-22255 Health and Human Health and Human Services Department See Health Resources and Services Administration See National Institutes of Health NOTICES Supplement to the FY2010 Single-Source Cooperative Agreement with the World Health Organization, 54235-54236 2011-22214 Health Resources Health Resources and Services Administration NOTICES Statements of Organization, Functions and Delegations of Authority, 54236-54237 2011-22261 Homeland Homeland Security Department See Federal Emergency Management Agency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Award of Public Contracts, 54243-54244 2011-22237 Post-Award Contract Information, 54242-54243 2011-22236 Telecommunications Service Priority System, 54244-54245 2011-22238 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FY12 Transformation Initiative; Sustainable Communities Research Grant Program, 54246-54247 2011-22321 Indian Affairs Indian Affairs Bureau PROPOSED RULES No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee;
Meeting, 54162-54163 2011-22302 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Indian Child Welfare Assistance Report, 54249-54250 2011-22303 Verification of Indian Preference for Employment with BIA and IHS, 54248-54249 2011-22304 Industry Industry and Security Bureau NOTICES Denials of Export Privileges: Mahan Airways; Zarand Aviation; Gatewick LLC, et al., 54198-54202 2011-22284 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service See Reclamation Bureau International Trade Adm International Trade Administration NOTICES Antidumping Duty New Shipper Reviews;
Preliminary Results: Honey from Argentina, 54202-54206 2011-22332 Antidumping Duty Orders; Final Results of Expedited Third Sunset Reviews: Gray Portland Cement and Clinker from Japan, 54206-54207 2011-22334 Antidumping Duty Orders; Revocations: Stainless Steel Plate in Coils from Italy, 54207-54208 2011-22153 Initiation of Antidumping Duty New Shipper Reviews: Wooden Bedroom Furniture from the People's Republic of China, 54208-54209 2011-22327 Preliminary Results of Countervailing Duty Administrative Reviews:
Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea, 54209-54216 2011-22325 International Trade Com International Trade Commission NOTICES Complaints, 54251-54252 2011-22263 Investigations: Certain Light-Emitting Diodes and Poducts Containing Same, 54254-54255 2011-22264 Certain Products Containing Interactive Program Guide or Parental Controls Technology, 54253-54254 2011-22265 Certain Wireless Devices with 3G Capabilities and Components Thereof, 54252-54253 2011-22266 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau RULES Attorney General's Guidelines on Implementation of the Provisions of the Voting Rights Act Regarding Language Minority Groups, 54110-54112 2011-22160 James Zadroga 9/11 Health and Compensation Act of 2010, 54112-54126 2011-22295 Labor Department Labor Department See Mine Safety and Health Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Claim Adjudication Process for Alleged Presence of Pneumoconiosis, 54256-54257 2011-22292 Consent to Receive Employee Benefit Plan Disclosures Electronically, 54258 2011-22309 Hazard Communication, 54257-54258 2011-22293 Legal Legal Services Corporation NOTICES Fiscal Oversight Task Force Report and Recommendations, 54258-54259 2011-22215 Mine Mine Safety and Health Administration PROPOSED RULES Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines, 54163-54179 2011-22125 National Highway National Highway Traffic Safety Administration NOTICES Decision that Certain Nonconforming Motor Vehicles are Eligible for Importation, 54290-54291 2011-22234 National Institute National Institutes of Health NOTICES Meetings:
Center for Scientific Review, 2011-22204 54238-54242 2011-22209 2011-22297 2011-22298 National Center for Research Resources, 54237-54240 2011-22211 2011-22301 National Center for Research Resources; Amendment, 54238 2011-22300 National Institute of Allergy and Infectious Diseases, 54240 2011-22210 National Institute of Diabetes and Digestive and Kidney Diseases, 54237 2011-22213 National Institute on Aging, 54238, 54241 2011-22208 2011-22299 Recombinant DNA Advisory Committee, 54241-54242 2011-22207 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Exclusive Economic Zone Off Alaska:
Reallocation of Pacific Cod in Bering Sea and Aleutian Islands Management Area, 54137-54138 2011-22310 NOTICES Meetings: Pacific Fishery Management Council, 2011-22193 54216-54217 2011-22194 Membership of National Oceanic and Atmospheric Administration Performance Review Board, 54217-54218 2011-22231 National Park National Park Service NOTICES National Register of Historic Places; Pending Nominations and Related Actions, 54250-54251 2011-22239 Navy Navy Department NOTICES Government-Owned Inventions;
Available for Licensing, 54222-54223 2011-22254 Meetings: U.S. Naval Academy Board of Visitors, 54223 2011-22260 Proposed Administrative Cost Recovery Settlements under CERCLA: Marine Corps Logistics Base Barstow, CA, 54223 2011-22262 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments; Availability, etc.: Dominion Nuclear Connecticut, Inc., Millstone Power Station, Units 1, 2, and 3, 54260-54261 2011-22280 Virginia Electric and Power Co.; North Anna Power Station, Units 1 and 2;
Surry Power Station, Units 1 and 2, 54259-54260 2011-22282 Requests for Indirect License Transfers: Carolina Power and Light; Proposed Merger Between Progress Energy, Inc. and Duke Energy Corp., 54261-54264 2011-22279 Personnel Personnel Management Office RULES Noncompetitive Appointment of Certain Military Spouses, 54071-54072 2011-22268 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Appeals of Post Office Closings, 54179-54185 2011-22009 NOTICES Post Office Closings, 54264-54267 2011-22271 2011-22273 2011-22283 Reclamation Reclamation Bureau NOTICES Central Valley Project Improvement Act, Water Management Plans;
Availability, 54251 2011-22259 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Mercantile Exchange, Inc., 54270-54271, 54275-54277 2011-22223 2011-22258 EDGA Exchange, Inc., 54267-54268 2011-22218 EDGX Exchange, Inc., 54281-54282 2011-22220 Fixed Income Clearing Corp., 54268-54270 2011-22222 NASDAQ OMX BX, Inc., 54277-54279 2011-22221 NASDAQ OMX PHLX LLC, 54271-54272, 54279-54281 2011-22219 2011-22307 NYSE Amex LLC, 54272-54274 2011-22306 NYSE Arca, Inc., 54274-54275 2011-22305 State Department State Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Language Learning Survey Questions, 54283 2011-22324 Surface Transportation Surface Transportation Board NOTICES Meetings: Rail Energy Transportation Advisory Committee, 54291-54292 2011-22205 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Surface Transportation Board Veteran Affairs Veterans Affairs Department NOTICES Meetings:
Advisory Committee on Disability Compensation; Amendment, 54292 2011-22206 Separate Parts In This Issue Part II Environmental Protection Agency, 54294-54343 2011-21359 Part III Interior Department, Fish and Wildlife Service, 54346-54372 2011-21945 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. 76 169 Wednesday, August 31, 2011 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 315 RIN 3206-AM36 Noncompetitive Appointment of Certain Military Spouses AGENCY:
U.S. Office of Personnel Management. ACTION: Final rule. SUMMARY: The U.S. Office of Personnel Management is issuing final regulations to eliminate the 2-year eligibility limitation for noncompetitive appointment for spouses of certain deceased or 100 percent disabled veterans. OPM is removing this restriction to provide spouses of certain deceased or 100 percent disabled veterans with unlimited eligibility for noncompetitive appointment. The intended effect of this change is to further facilitate the entry of these military spouses into the Federal civil service.
DATES: This rule is effective September 30, 2011. FOR FURTHER INFORMATION CONTACT: Michelle Glynn, 202-606-1571; Fax: 202-606-2329 by TDD: 202-418-3134, or e-mail: *michelle.glynn@opm.gov.* SUPPLEMENTARY INFORMATION: On March 10, 2011, the Office of Personnel Management
(OPM)published proposed regulations in the **Federal Register** at 76 FR 13100 to eliminate the 2-year eligibility limitation for noncompetitive appointment for spouses of certain deceased or 100 percent disabled veterans in part 315 of title 5, Code of Federal Regulations (CFR). OPM received 23 comments on the proposed rule: 19 from individuals, one from a Federal agency, and three from national military associations. Six individuals, two national military associations, and one Federal agency expressed their general support for the proposed changes. Four individuals and one national military association suggested that OPM also remove the 2-year window for appointment eligibility for military spouses whose eligibility is based on relocating with their service-member spouses as a result of permanent change of station
(PCS)orders. OPM is not adopting this suggestion. The proposed regulation sought to remove the 2-year window for appointment eligibility only for spouses of service members who incurred a 100 percent disability because of the service members' active duty service, and spouses of service members killed while on active duty. OPM proposed to eliminate the 2-year window for spouses of certain deceased and 100 percent disabled service members based on the findings presented to us by the Department of the Navy's Spouse Employment and Empowerment Integrated Process Team. The Integrated Process Team
(IPT)found that spouses of service members who were killed or who became 100 percent disabled while on active duty had been unable to make use of the noncompetitive hiring authority within the 2-year eligibility period due to their bereavement, convalescent care responsibilities, dependent care responsibilities, or their need to undergo education or training. The IPT did not indicate the 2-year window for appointment eligibility for PCS military spouses was problematic. Accordingly, OPM's proposal was limited to the problem the IPT did identify. Further, OPM believes 2 years is a reasonable period for spouses authorized to relocate on PCS orders to obtain Federal employment using this hiring authority. All other noncompetitive hiring authorities have a time limitation for appointment eligibility. Elimination of the 2-year window for PCS military spouses would create an inconsistency between this group and other individuals eligible for noncompetitive entry into Federal service. For these reasons, we find no basis for adopting this suggestion. Five individuals suggested we change all references to “killed while serving on active duty in the armed forces” to “died while serving on active duty in the armed forces” to clarify that eligibility under this part is not limited to spouses of service members killed in action. OPM is not adopting this suggestion because we do not believe clarification is necessary. Our implementing guidance at *http://www.fedshirevets.gov/hire/hrp/qaspouse/index.aspx* clearly states that, for these purposes, a service member is considered to have been “killed” while on active duty if he or she dies for any reason while serving on active duty in the armed forces. Additionally, the language in the proposed regulation is consistent with the language used in Executive Order (E.O.) 13473 of September 30, 2008, which is the basis of the authority for these noncompetitive appointments. One individual commented that the proposed rule excludes surviving spouses of service members who died of a service-connected cause, but not while on active duty. OPM has no authority to extend noncompetitive appointment eligibility to surviving spouses of service members who died of a service-connected cause, but not while on active duty. As noted above, E.O. 13473 is the source of the authority for noncompetitive appointment of certain military spouses, and that Order limits eligibility for noncompetitive appointment to military spouses who are relocating with their service-member spouses as a result of permanent change of station
(PCS)orders, spouses of service members who incurred a 100 percent disability because of the service members' active duty service, and spouses of service members killed while on active duty. Two individuals suggested OPM change the date a PCS spouse's eligibility begins from the date of the PCS orders to the date the military spouse actually reports to the new location. OPM is not adopting the suggestions to change the effective date of eligibility for PCS spouses. We believe the PCS document provides an appropriate, standardized basis on which to establish when an individual's eligibility for noncompetitive appointment begins. Further, we see no reliable way to verify when a military spouse actually relocates to the new geographic area, short of imposing a burdensome process on both the military spouse and the potential hiring agency. Another individual suggested we clarify the effective date of a military spouse's eligibility, when based on relocation due to PCS orders. This commenter believes agencies have been applying the 2-year eligibility period for PCS spouses inconsistently. As noted in the preceding paragraph, eligibility for PCS spouses begins on the date of the service member's PCS orders. We believe this is a clear standard that can and should be applied consistently. One commenter stated these provisions do not apply to military spouses in the Department of Defense's
(DoD)Priority Placement Program. Neither E.O. 13473 nor OPM's implementing regulation prevents an individual in any DoD military spouse program from utilizing these provisions, assuming that individual is otherwise eligible under 5 CFR 315.612. Another commenter stated that service members should have the same hiring advantage as military spouses. Executive Order 13473 authorizes noncompetitive appointment only for certain military spouses. We do note that service members may be eligible under several veterans-specific hiring authorities, including Veterans Recruitment Act
(VRA)appointments. In addition, service members may be entitled to veterans' preference, depending on when they served on active duty and the character of that service. One individual asked that we clarify whether these provisions apply to military spouses who are current Federal employees, or individuals who have never been in Federal service. These provisions apply to any military spouse who is otherwise eligible under section 315.612. Another commenter asked whether the proposed changes apply to all widows of 100 percent disabled veterans. Per E.O. 13473, the proposed changes apply to any spouse of a service member who incurred a 100 percent disability because of the service member's active duty service, provided the individual is otherwise eligible under section 315.612. One individual commented that non-military spouses should have the same opportunity for obtaining a Federal job as do military spouses. As noted above, E.O. 13473 authorizes noncompetitive appointment only for certain military spouses. Individuals not eligible under this authority must seek consideration under any hiring authority for which they are eligible, or apply through the competitive examining process. Use of the military spouse hiring authority, as is the case with all other noncompetitive hiring authorities, is completely discretionary on the part of the hiring agency. This authority does not constitute, establish, or convey a hiring preference or a selection priority for eligible military spouses. Two of the comments we received were beyond the scope of the proposed changes. One individual asked that OPM reinstitute the Defense Civilian Intelligence Personnel System (DCIPS) interchange agreement. The other commenter suggested an improvement in the USAJOBS Web site. Executive Order 13563 and Executive Order 12855, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 13563 and E.O. 12866. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because it affects only Federal agencies and employees. List of Subjects in 5 CFR Part 315 Government employees. U.S. Office of Personnel Management. John Berry, Director. Accordingly, OPM is amending 5 CFR part 315 as follows: PART 315—CAREER AND CAREER-CONDITIONAL EMPLOYMENT 1. The authority citation for part 315 continues to read as follows: Authority: 5 U.S.C. 1302, 3301, and 3302; E.O. 10577, 3 CFR, 1954-1958 Comp. p. 218, unless otherwise noted; and E.O. 13162. Secs. 315.601 and 315.609 also issued under 22 U.S.C. 3651 and 3652. Secs. 315.602 and 315.604 also issued under 5 U.S.C. 1104. Sec. 315.603 also issued under 5 U.S.C. 8151. Sec. 315.605 also issued under E.O. 12034, 3 CFR, 1978 Comp. p. 111. Sec. 315.606 also issued under E.O. 11219, 3 CFR, 1964-1965 Comp. p. 303. Sec. 315.607 also issued under 22 U.S.C. 2506. Sec. 315.608 also issued under E.O. 12721, 3 CFR, 1990 Comp. p. 293. Sec. 315.610 also issued under 5 U.S.C. 3304(c). Sec. 315.611 also issued under 5 U.S.C. 3304(f). Sec. 315.612 also under E.O. 13473. Sec. 315.708 also issued under E.O. 13318, 3 CFR, 2004 Comp. p. 265. Sec. 315.710 also issued under E.O. 12596, 3 CFR, 1978 Comp. p. 229. Subpart I also issued under 5 U.S.C. 3321, E.O. 12107, 3 CFR, 1978 Comp. p. 264. Subpart F—Career or Career-Conditional Appointment Under Special Authorities 2. In § 315.612, revise paragraph (d)(1) to read as follows: § 315.612 Noncompetitive appointment of certain military spouses.
(d)*Conditions.*
(1)In accordance with the provisions of this section, spouses are eligible for noncompetitive appointment:
(i)For a maximum of 2 years from the date of the service member's permanent change of station orders;
(ii)From the date of documentation verifying the member of the armed forces is 100 percent disabled; or
(iii)From the date of documentation verifying the member of the armed forces was killed while on active duty. [FR Doc. 2011-22268 Filed 8-30-11; 8:45 am]
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