Unknown. Interim rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-12-09.xml --- 76 237 Friday, December 9, 2011 Contents Agriculture Agriculture Department See Food Safety and Inspection Service See Grain Inspection, Packers and Stockyards Administration See Rural Utilities Service Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 76976-76977 2011-31622 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76977-76978 2011-31572 Coast Guard Coast Guard RULES International Anti-fouling System Certificate, 76896-76899 2011-31595 PROPOSED RULES Port Access Route Studies: Atlantic Coast From Maine to Florida, 76927-76929 2011-31594 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions, 76952 2011-31615 Procurement List; Proposed Additions, 76952-76953 2011-31616 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76953 2011-31650 Comptroller Comptroller of the Currency PROPOSED RULES Alternatives to the Use of External Credit Ratings, 76905-76906 2011-31574 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 76953 2011-31709 Defense Department Defense Department RULES Federal Acquisition Regulations;

Corrections, 76899-76900 2011-31654 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76953 C1--2011--31229 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Material and Workmanship, 76975-76976 2011-31627 Amendment No. 004 to the Solicitation for Cooperative Agreement Applications, 76954 2011-31591 Arms Sales, 76954-76956 2011-31566 Privacy Act; Systems of Records, 76956-76961 2011-31567 2011-31568 2011-31570 Drug Drug Enforcement Administration NOTICES Controlled Substances:

Final Adjusted Aggregate Production Quotas for 2011, 77016-77019 2011-31621 Final Adjusted Assessment of Annual Needs for List I Chemicals: Ephedrine, Pseudoephedrine, and Phenylpropanolamine, 77019-77020 2011-31619 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76961 2011-31666 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans:

Delaware, Maryland, New Jersey, Pennsylvania; Determinations of Attainment, etc.; Withdrawal, 76929-76932 2011-31665 Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards; Public Hearings: 2017 and Later Model Year Light-Duty Vehicles, 76932-76933 2011-31653 NOTICES Certain New Chemicals; Receipt and Status Information, 76963-76970 2011-31645 Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of Arkansas, 76971 2011-31657 Authorized Program Revision Approval, State of Indiana, 76971-76972 2011-31659 Authorized Program Revision Approval, State of Montana, 76970-76971 2011-31656 Environmental Impact Statements;

Availability, etc.: Weekly Receipt, 76972 2011-31670 Integrated Review Plan for the National Ambient Air Quality Standards for Lead; Availability, 76972-76973 2011-31683 Meetings: Good Neighbor Environmental Board, 76973-76974 2011-31685 Plans for Separation of Recyclable Material from Municipal Solid Waste; Availability: Use as Feedstock for Renewable Fuel Production at a Blairstown, IA Biorefinery, 76974-76975 2011-31661 Federal Aviation Federal Aviation Administration RULES Amendment of Federal Airways;

Alaska, 76891-76892 2011-31461 Federal Contract Federal Contract Compliance Programs Office PROPOSED RULES Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals with Disabilities, 77056-77105 2011-31371 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 76975 2011-31788 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 76975 2011-31760 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 76961-76963 2011-31610 2011-31611 Fish Fish and Wildlife Service NOTICES Draft Policy on Interpretation of Phrase Significant Portion of Its Range in Endangered Species Act's Definitions, 76987-77006 2011-31782 Endangered Species Permit Applications;

Correction, 77006-77008 2011-31590 Food and Drug Food and Drug Administration RULES New Animal Drugs for Use in Animal Feeds: Tilmicosin, 76894-76895 2011-31613 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Experimental Study of Comparative Direct-to-Consumer Advertising, 76978-76980 2011-31609 Senior Executive Service Performance Review Board Members, 76980-76981 2011-31579 Food Safety Food Safety and Inspection Service RULES Nutrition Labeling of Single-Ingredient Products and Ground or Chopped Meat and Poultry Products:

Delay of Effective Date and Correction, 76890-76891 2011-31625 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization and Expansion Under Alternative Site Framework: Foreign-Trade Zone 89, Las Vegas, NV, 76934 2011-31306 Applications for Subzone Authority: Foreign-Trade Zones 140 and 78, Dow Corning Corp., and Hemlock Semiconductor Corp., 76934 2011-31684 General Services General Services Administration RULES Federal Acquisition Regulations; Corrections, 76899-76900 2011-31654 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Material and Workmanship, 76975-76976 2011-31627 Government Accountability Government Accountability Office RULES Personnel Appeals Board, 76873-76874 2011-31549 Grain Inspection Grain Inspection, Packers and Stockyards Administration RULES Implementation of Regulations Required Under Title XI of the Food, Conservation and Energy Act of 2008: Suspension of Delivery of Birds, Additional Capital Investment Criteria, Breach of Contract, and Arbitration, 76874-76890 2011-31618 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection NOTICES U.S.-Canada Action Plan for Perimeter Security and Economic Competitiveness, 76981-76982 2011-31598 Housing Housing and Urban Development Department PROPOSED RULES Homeless Management Information Systems Requirements, 76917-76927 2011-31634 NOTICES Federal Property Suitable as Facilities To Assist the Homeless, 76984-76987 2011-31242 Industry Industry and Security Bureau RULES Continuation of Emergency Declared in Executive Order 12938;

Updates, 76892-76894 2011-31687 NOTICES Implementation of Chemical Weapons Convention on Commercial Activities Involving Schedule 1 Chemicals, etc., 76935-76937 2011-31690 Meetings: Emerging Technology and Research Advisory Committee, 76937 2011-31585 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Conduit Financing Arrangements, 76895-76896 2011-31672 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 77051-77054 2011-31587 2011-31588 2011-31589 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Pasta From Italy, 76937-76939 2011-31676 Certain Welded Carbon Steel Pipe and Tube From Turkey, 76939-76941 2011-31678 Circular Welded Carbon Quality Steel Pipe From the People's Republic of China, 76944-76945 2011-31688 Polyethylene Terephthalate Film, Sheet, and Strip From India, 76943-76944 2011-31693 Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan, 76941-76943 2011-31695 Pure Magnesium From the People's Republic of China, 76945-76948 2011-31681 Countervailing Duty Administrative Reviews;

Results, Extensions, Amendments, etc.: Polyethylene Terephthalate Film, Sheet, and Strip From India, 76948-76949 2011-31691 International Trade Com International Trade Commission NOTICES Antidumping Duty Administrative Reviews; Results, Amendments, Extensions, etc.: Tin- and Chromium-Coated Steel Sheet from Japan, 77013-77014 2011-31642 Complaints: Certain Blu-Ray Disc Players, 77014-77015 2011-31643 Investigations; Terminations, Modifications and Rulings: Solid Urea From Russia and Ukraine, 77015 2011-31596 Justice Department Justice Department See Drug Enforcement Administration NOTICES Privacy Act;

Systems of Records, 77015-77016 2011-31673 Labor Department Labor Department See Federal Contract Compliance Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Coke Oven Emissions, 77020 2011-31640 Land Land Management Bureau NOTICES Boundary Changes: Elimination of County Split of Lewis and Clark County in Montana Offices, 77008 2011-31651 Environmental Impact Statements; Availability, etc.: Incorporating Greater Sage-Grouse Conservation Measures Into Land Use and Land Management Plans, 77008-77011 2011-31652 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulations;

Corrections, 76899-76900 2011-31654 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Material and Workmanship, 76975-76976 2011-31627 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 77020 2011-31806 National Highway National Highway Traffic Safety Administration PROPOSED RULES Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards; Public Hearings: 2017 and Later Model Year Light-Duty Vehicles, 76932-76933 2011-31653 National Institute National Institutes of Health NOTICES Meetings:

National Cancer Institute, 76981 2011-31679 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries, 76900-76902 2011-31677 Fisheries of the Exclusive Economic Zone Off Alaska: Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 76903-76904 2011-31675 Sculpins in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area, 76902-76903 2011-31674 NOTICES Draft Policy on Interpretation of Phrase Significant Portion of Its Range in Endangered Species Act's Definitions, 76987-77006 2011-31782 Permit Amendment Applications:

Marine Mammals; File No. 14534, 76949-76950 2011-31564 Permit Applications: Endangered Species; File No. 16134, 76950 2011-31671 Marine Mammals; File No. 16473, 76950-76951 2011-31669 National Park National Park Service NOTICES Inventory Completions: Organ Pipe Cactus National Monument, Ajo, AZ and Arizona State Museum, Tucson, AZ, 77012-77013 2011-31614 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Combined License Applications, 77021 2011-31521 Indirect Transfer of Control of Licenses:

Carolina Power & Light Co., H. B. Robinson Steam Electric Plant Unit No. 2, et al., 77022-77023 2011-31636 Carolina Power & Light Co., North Carolina Eastern Municipal Power Agency, Brunswick Steam Electric Plant, 77024-77025 2011-31628 Carolina Power & Light Co., North Carolina Eastern Municipal Power Agency, Shearon Harris Nuclear Power Plant, 77021-77022 2011-31635 Florida Power Corp., et al., Crystal River Unit 3 Nuclear Generating Plant, 77023-77024 2011-31638 Staff Guidance;

Availability: Office of New Reactors; Section 1.0, Revision 2 on Introduction and Interfaces, 77025 2011-31639 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76951-76952 2011-31569 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 77025-77029 2011-31612 2011-31626 2011-31655 Rural Utilities Rural Utilities Service PROPOSED RULES Substantially Underserved Trust Areas, 76905 2011-31575 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 77029-77030 2011-31607 2011-31608 Self-Regulatory Organizations; Proposed Rule Changes: Boston Stock Exchange Clearing Corp., 77048 2011-31601 Chicago Mercantile Exchange, Inc., 77036-77038 2011-31641 Financial Industry Regulatory Authority, Inc., 77034-77036, 77042-77044 2011-31606 2011-31632 NASDAQ OMX PHLX LLC, 77046-77050 2011-31599 2011-31603 NASDAQ Stock Market LLC, 77032-77034 2011-31631 New York Stock Exchange LLC, 77040-77042 2011-31604 NYSE Amex LLC, 77030-77032, 77038-77040 2011-31602 2011-31633 NYSE Arca, Inc., 77044-77046 2011-31605 Stock Clearing Corp. of Philadelphia, 77038 2011-31600 Small Business Small Business Administration PROPOSED RULES Small Business Investment Companies:

Early Stage SBICs, 76907-76917 2011-31658 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits, 77050-77051 2011-31498 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Petition for Alien Relative, 76982-76983 2011-31582 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Entry and Manifest of Merchandise Free of Duty, Carrier's Certificate and Release, 76983 2011-31617 NAFTA Regulations and Certificate of Origin, 76983-76984 2011-31668 Separate Parts In This Issue Part II Labor Department, Federal Contract Compliance Programs Office, 77056-77105 2011-31371 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. 76 237 Friday, December 9, 2011 Rules and Regulations GOVERNMENT ACCOUNTABILITY OFFICE 4 CFR Part 28 Personnel Appeals Board; Procedural Rules AGENCY: Government Accountability Office Personnel Appeals Board. ACTION: Interim rule with request for comments.

SUMMARY: The Government Accountability Office Personnel Appeals Board (the Board or PAB) is amending its regulations to reflect a change in law concerning grievance procedures. The amended rule provides a choice of forum to employees with prohibited personnel practice claims. We are taking this opportunity to change some specific terms in the regulations to ones more commonly used throughout the government. DATES: This rule is effective December 9, 2011. Comments must be received by the Board on or before February 7, 2012.

ADDRESSES: You may submit comments by any of the following methods: *Mail:* Patricia Reardon-King, Clerk of the Board, Personnel Appeals Board, U.S. Government Accountability Office, Suite 560, Union Center Plaza II, 820 First St. NE., Washington, DC 20002; email: *pab@gao.gov* ; or fax:

(202)512-7525. FOR FURTHER INFORMATION CONTACT: Beth Don, Executive Director, or Susan Inzeo, Solicitor,

(202)512-6137. SUPPLEMENTARY INFORMATION: The Government Accountability Office Personnel Appeals Board is authorized by Congress, pursuant to 31 U.S.C. 751-755, to hear and decide cases brought by GAO employees concerning various personnel matters including adverse or performance-based actions, claims of discrimination, alleged prohibited personnel practices, and labor-management relations. The Board also exercises oversight authority over equal employment opportunity at the agency. The Board's procedural regulations applicable to GAO appear at 4 CFR parts 27 and 28. The Board is revising one section of these regulations to ensure consistency with current law. The Board published section 28.2(c)(2) on November 23, 1993, effective January 1, 1994 (58 FR 61998, Nov. 23, 1993). The Board's regulation mirrored that of the Merit Systems Protection Board

(MSPB)and conformed with 5 U.S.C. 7121. The regulations provided that bargaining unit employees could pursue prohibited personnel practice

(PPP)claims at the Board or the MSPB, respectively, only if those claims involved discrimination, performance-based reduction in grade or removal, or an adverse action as defined in 5 U.S.C. 7512; an employee could choose either the administrative appeal route or the negotiated grievance procedure but not both. An individual with PPP claims beyond those specified in the PAB regulation or the earlier MSPB regulation did not have a choice of forum. In 1994, Congress amended 5 U.S.C. 7121 by requiring that bargaining unit employees could elect to raise any PPP claim within the MSPB's jurisdiction either to the MSPB or through the parties' negotiated grievance procedures. Public Law 103-424, sec. 9(b), 108 Stat. 4361, 4365 (Oct. 29, 1994). The PAB now amends its regulations to ensure that GAO employees' rights are consistent with the statute. The amendment provides that a GAO employee who seeks to bring a PPP claim that is covered by a negotiated grievance procedure may elect either the negotiated grievance procedure or the procedure under PAB regulations. The special rule for such claims that involve allegations of discrimination remains unchanged. The Board is making this amendment effective immediately upon publication, on an interim basis, to conform the regulation with the statutory requirement of 5 U.S.C. 7121. *See GAO Employee Organization, IFPTE Local 1921* v. * GAO,* PAB Docket No. LMR 2001-02 (Aug. 24, 2011). At the same time, however, the Board is soliciting comments on the amendment. These comments will be considered fully before the final regulation is adopted. On September 19, 2011, GAO issued revised Order 2351.1 regarding “Reduction in Force Procedures for the Government Accountability Office.” This Order was previously titled “Workforce Restructuring Procedures for the Government Accountability Office.” However, as stated in the revised Order, instead of “GAO-specific terms,” the Order is now adopting “governmentwide reduction-in-force terminology— *i.e.,* reduction in force

(RIF)is used rather than workforce restructuring.” In order to conform with GAO's revised Order, the Board is substituting “Reduction in Force” for the term “Workforce Restructuring Action,” in the definition section 28.3. It also is substituting Reduction in Force throughout part 28. The Board is also making two additional nonsubstantive corrections to the regulations in the Table of Contents for part 28 and in section 28.113. List of Subjects in 4 CFR Part 28 Administrative practice and procedure, Claims, Government employees, Labor-management relations, Reduction in force. For the reasons set forth in the preamble, 4 CFR part 28 is amended as follows: PART 28—GOVERNMENT ACCOUNTABILITY OFFICE PERSONNEL APPEALS BOARD; PROCEDURES APPLICABLE TO CLAIMS CONCERNING EMPLOYMENT PRACTICES AT THE GOVERNMENT ACCOUNTABILITY OFFICE 1. The authority citation for part 28 continues to read as follows: Authority: 31 U.S.C. 753. 2. In part 28, revise all references to “Workforce Restructuring Action” to read “Reduction in Force”, and revise all references to “WRA” to read “RIF”. 3. Amend § 28.2 by revising paragraph (c)(2), redesignating paragraph (c)(3) as paragraph (c)(4), adding new paragraphs (c)(3) and

(d)to read as follows: § 28.2 Jurisdiction.

(c)* * *

(2)*Matters involving prohibited personnel practices.* If the negotiated grievance procedure permits the employee to grieve an appealable action involving a prohibited personnel practice other than prohibited discrimination (as defined in § 28.95), such an action may be raised under either, but not both, of the following procedures:

(A)The Board's procedures; or

(B)The negotiated grievance procedure. The employee will be deemed to have elected the Board's procedures if the employee files a timely charge with the Board's Office of General Counsel before filing a timely grievance.

(3)*Other matters.* If the negotiated grievance procedure permits the employee to grieve any matters which would otherwise be appealable to the Board, other than those listed in paragraphs (c)(1) or (c)(2) of this section, then those matters may only be raised under the negotiated grievance procedure and not before the Board.

(d)Except for actions involving prohibited discrimination (under § 28.95) or any other prohibited personnel practice, any appealable action that is excluded from the application of the negotiated grievance procedure may be raised only under the Board's procedures. 4. In § 28.12, revise the section heading to read as follows: § 28.12 General Counsel Procedures. 5. In § 28.113, revise paragraph (a)(5) to read as follows: § 28.113 Contents of representation petitions.

(a)* * *

(5)A declaration by the signer of the petition, under penalties of the Criminal Code (18 U.S.C. 1001), that the petition's contents are true and correct, to the best of his or her knowledge and belief; Steven H. Svartz, Chair, Personnel Appeals Board, U.S. Government Accountability Office. [FR Doc. 2011-31549 Filed 12-8-11; 8:45 am]

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