Unknown. Final rule
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/register/2012/05/07/2012-10951A 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-2012-05-07.xml --- 77 88 Monday, May 7, 2012 Contents Agriculture Agriculture Department See Food Safety and Inspection Service See Forest Service See National Institute of Food and Agriculture See Procurement and Property Management Office, Agriculture Department See Rural Utilities Service NOTICES Meetings: Advisory Committee on Biotechnology and 21st Century Agriculture Meeting, 26725 2012-10264 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicaid Program;
Community First Choice Option, 26828-26903 2012-10294 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26763-26764 2012-10947 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Assets for Independence Program Evaluation, 26764-26765 2012-10735 Coast Guard Coast Guard RULES Safety Zones: Coast Guard Exercise, Hood Canal, WA, 26699-26701 2012-10885 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 26736-26737 2012-10908 2012-10924 Commodity Futures Commodity Futures Trading Commission RULES FY 2011 Schedule of Fees: Reviews of Rule Enforcement Programs of Designated Contract Markets and Registered Futures Associations, 26672-26674 2012-10898 PROPOSED RULES Swap Data Repositories: Interpretative Statement Regarding the Confidentiality and Indemnification Provisions of Section 21(d) of the Commodity Exchange Act, 26709-26713 2012-10918 Defense Department Defense Department NOTICES Meetings:
Defense Science Board, 26747-26748 2012-10844 Department of Defense Wage Committee, 26748 2012-10920 2012-10921 Renewals of Department of Defense Federal Advisory Committees, 26748-26749 2012-10938 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26749-26750 2012-10936 Environmental Protection Environmental Protection Agency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 26750-26751 2012-10940 Integrated Risk Information System; 2012 Program, 26751-26755 2012-10935 Underground Injection Control Program; Hazardous Waste Injection Restrictions: Diamond Shamrock Refining Company, LP, Sunray, Texas; Petition for Exemption - Class I Hazardous Waste Injection, 26755 2012-10939 Executive Office of the President See Presidential Documents Export Import Export-Import Bank NOTICES Privacy Act; Systems of Records, 26755-26758 2012-10897 Farm Credit Farm Credit Administration NOTICES Meetings;
Sunshine Act, 26758-26759 2012-11058 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: The Boeing Company Model 767-200, -300, -300F, and -400ER Series Airplanes, 26663-26667 2012-10570 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 26667-26672 2012-10720 2012-10727 NOTICES Draft Airport Design Advisory Circular 150/5300-13A; Opportunity to Comment, 26815 2012-10896 Federal Communications Federal Communications Commission RULES Review of Emergency Alert System, 26701-26703 2012-10622 Federal Election Federal Election Commission NOTICES Meetings;
Sunshine Act, 26759 2012-11079 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster Declarations: Kentucky, 26775 2012-10905 West Virginia, 26775-26776 2012-10901 2012-10902 Federal Energy Federal Energy Regulatory Commission RULES Enhancement of Electricity Market Surveillance and Analysis through Ongoing Electronic Delivery of Data from Regional Transmission Organizations and Independent System Operators, 26674-26686 2012-9847 Transmission Planning Reliability Standards, 26686-26697 2012-10944 PROPOSED RULES Transmission Planning Reliability Standards, 26714-26723 2012-10943 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings:
Motor Carrier Safety Advisory Committee, 26815-26816 2012-10932 Qualification of Drivers; Exemption Applications; Vision, 26816-26818 2012-10929 Federal Railroad Federal Railroad Administration RULES Inflation Adjustment of Aggravated Maximum Civil Monetary Penalty, etc.; Correction, 26703-26704 2012-10946 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company, 26759 2012-10926 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 26759-26760 2012-10832 2012-10927 Federal Trade Federal Trade Commission NOTICES Analysis of Proposed Agreement Containing Consent Orders:
Kinder Morgan, Inc., 26760-26763 2012-10870 Federal Transit Federal Transit Administration PROPOSED RULES Buy America Waivers, 26723-26724 2012-10851 NOTICES Limitation on Claims against Proposed Public Transportation Projects, 26818 2012-10941 Fish Fish and Wildlife Service NOTICES Endangered Species; Marine Mammals; Issuance of Permits, 26777-26779 2012-10859 Endangered Species; Receipt of Applications for Permit, 26779-26780 2012-10858 Environmental Impact Statements; Availability, etc.:
Charles M. Russell National Wildlife Refuge and UL Bend National Wildlife Refuge, MT, 26781-26784 2012-10886 Teleconferences: Sport Fishing and Boating Partnership Council, 26784-26785 2012-10957 Food and Drug Food and Drug Administration RULES New Animal Drugs: Fomepizole; Change of Sponsor; Change of Sponsor Address; Change of Sponsor Name and Address, 26697 2012-10892 NOTICES Debarment Orders: David H.M. Phelps, 26765-26766 2012-10958 Karen L. Blyth, 26766-26767 2012-10960 Regulatory Review Period for Purposes of Patent Extension:
PROLIA, 26768 2012-10959 Workshops: Educational Forum on Medical Device Reporting, Complaint Files, and Recalls, Corrections, and Removals, 26769-26770 2012-10893 Redefining the ‘C’ in CGMP: Creating, Implementing, and Sustaining a Culture of Compliance, 26768-26769 2012-10894 Food Safety Food Safety and Inspection Service PROPOSED RULES Food Ingredients and Sources of Radiation: Listed and Approved for Use in Production of Meat and Poultry Products, 26706-26709 2012-10871 NOTICES Changes to FSIS Traceback, Recall Procedures for Escherichia coli O157:
H7 Positive Raw Beef Product, and Availability of Compliance Guidelines, 26725-26732 2012-10904 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities: Foreign-Trade Zone 235 - Lakewood, NJ; Cosmetic Essence Innovations, LLC (Fragrance Bottling); Holmdel, NJ, 26737 2012-10953 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Smiths Fork Vegetation Restoration Project, Uinta-Wasatch-Cache National Forest, Utah, 26733-26734 2012-10728 Meetings:
Forestry Research Advisory Council, 26734 2012-10873 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Contract Financing Final Payment, 26763 2012-10981 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.
Customs and Border Protection NOTICES Meetings: Homeland Security Advisory Council, 26774-26775 2012-10930 Indian Affairs Indian Affairs Bureau NOTICES Implementation of Indian Reservation Roads Program and Streamlining the Federal Delivery of Tribal Transportation Services, 26785-26786 2012-10948 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau Internal Revenue Internal Revenue Service RULES Allocation of Mortgage Insurance Premiums, 26698-26699 2012-10937 International Trade Adm International Trade Administration NOTICES Countervailing Duty Investigations;
Results, Extensions, Amendments, etc.: High Pressure Steel Cylinders from People's Republic of China, 26738-26739 2012-10954 Final Determinations of Sales at Less than Fair Value: High Pressure Steel Cylinders from People's Republic of China, 26739-26742 2012-10952 Meetings: Manufacturing Council Work Session, 26743 2012-10980 International Trade Com International Trade Commission NOTICES Complaints: Certain CMOS Image Sensors and Products Containing Same, 26787-26788 2012-10889 Certain Products Containing Interactive Program and Parental Control Technology, 26786-26787 2012-10890 Investigations:
Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controllers and Products Containing Same, 26789 2012-10834 Certain Wireless Devices with 3G Capabilities and Components, 26788 2012-10833 Justice Department Justice Department See Justice Programs Office NOTICES Lodging of Settlement Agreements, 26789-26790 2012-10874 2012-10875 Justice Programs Justice Programs Office NOTICES Meetings: Public Safety Officer Medal of Valor Review Board, 26790 2012-10850 Land Land Management Bureau NOTICES Meetings:
Northeast California Resource Advisory Council, 26786 2012-10888 Maritime Maritime Administration NOTICES Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BLUE PLANET, 26819 2012-10861 Vessel FREE SPIRIT, 26818-26819 2012-10857 Vessel KEALIA, 26820 2012-10863 Vessel LONGWOOD BATEAU, 26822 2012-10867 Vessel NORSK VIND, 26821 2012-10862 Vessel SUNCLIPPER II, 26821-26822 2012-10864 Vessel THE BLUE MOON, 26820-26821 2012-10865 National Archives National Archives and Records Administration NOTICES Records Schedules;
Availability and Request for Comments, 26791-26792 2012-10949 National Institute Food National Institute of Food and Agriculture NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26734-26735 2012-10934 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review Special Emphasis Panel, 26771-26772 2012-10969 National Cancer Institute Frederick Advisory Committee, 26772 2012-10964 National Institute on Aging Special Emphasis Panel, 26770 2012-10965 National Institute on Alcohol Abuse and Alcoholism Special Emphasis Panel, 26770-26771 2012-10978 Office of the Director, 26771 2012-10967 Prospective Grants of Exclusive Licenses:
Ocular Therapeutics Agent Delivery Devices and Methods for Making and Using Such Devices, 26772-26773 2012-10836 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Northeastern United States: Northeast Multispecies, Monkfish, Atlantic Sea Scallop; Amendment 17, 26704-26705 2012-10983 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Atlantic Highly Migratory Species Tournament Registration and Reporting, 26743-26744 2012-10907 Fishing Capacity Reduction Program for the Southeast Alaska Purse Seine Salmon Fishery, 26744-26745 2012-10984 Meetings:
Fisheries of the Caribbean; Southeast Data, Assessment, and Review, 26746-26747 2012-10900 Gulf of Mexico Fishery Management Council, 26745-26746 2012-10899 Marine Fisheries Advisory Committee, 26745 2012-10963 Permits: Marine Mammals; File No. 15748, 26747 2012-10966 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Polar Programs, 26792 2012-10881 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Establishments of Atomic Safety and Licensing Boards:
Union Electric Co., 26792 2012-10925 Exemptions: Florida Power and Light Co., St. Lucie Plant, Unit No. 2, 26793-26795 2012-10928 Personnel Personnel Management Office RULES Political Activity - Federal Employees Residing in Designated Localities, 26659-26660 2012-10951 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety: Verification of Records, 26822-26824 2012-10866 Postal Regulatory Postal Regulatory Commission NOTICES Product List Changes, 26795-26796 2012-10945 Postal Service Postal Service NOTICES Product Change - Standard Mail Saturation Flats Negotiated Service Agreement, 26796 2012-10860 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:
Jewish American Heritage Month (Proc. 8813), 26905-26908 2012-11134 National Foster Care Month (Proc. 8814), 26909-26910 2012-11135 Procurement Procurement and Property Management Office, Agriculture Department RULES Guidelines for the Transfer of Excess Computers or Other Technical Equipment Pursuant to Section 14220 of the 2008 Farm Bill, 26660-26663 2012-10745 Research Innovative Research and Innovative Technology Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Reporting Required for International Civil Aviation Organization, 26824 2012-10909 Submission of Audit Reports; Part 248, 26824-26825 2012-10910 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26735-26736 2012-10872 Securities Securities and Exchange Commission NOTICES Orders of Suspension of Trading: Airtrax, Inc., Amedia Networks, Inc., American Business Financial Services, Inc., et al., 26796 2012-11020 HydroGenetics, Inc., 26796 2012-10985 Self-Regulatory Organizations;
Proposed Rule Changes: BATS Exchange, Inc., 26811-26812 2012-10880 BATS Y-Exchange, Inc., 26808-26809 2012-10879 Chicago Board Options Exchange, Inc., 26813-26814 2012-10877 ICE Clear Credit LLC, 26810-26811 2012-10912 International Securities Exchange, LLC, 26812-26813 2012-10878 NYSE Amex LLC, 26798-26808 2012-10876 The Depository Trust Company, 26796-26798 2012-10911 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations:
Modern Landscapes, 26814 2012-10979 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26773-26774 2012-10882 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Iowa River Railroad, Inc., Marshall and Hardin Counties, IA, 26825-26826 2012-10913 Tennessee Tennessee Valley Authority NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26815 2012-10855 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration See Research and Innovative Technology Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Customs U.S.
Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Declaration of Persons Who Performed Repairs or Alterations, 26776-26777 2012-10906 U.S. China U.S.-China Economic and Security Review Commission NOTICES Open Public Hearing, 26826 2012-10869 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 26828-26903 2012-10294 Part III Presidential Documents, 26905-26910 2012-11134 2012-11135 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. 77 88 Monday, May 7, 2012 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT RIN 3206-AM44 5 CFR Part 733 Political Activity—Federal Employees Residing in Designated Localities AGENCY: Office of Personnel Management. ACTION:
Final rule. SUMMARY: OPM is amending its regulations to grant Federal employees residing in King George County, Virginia, a partial exemption from the political activity restrictions in the Hatch Act, and to add King George County to its regulatory list of designated localities. The amendment reflects OPM's determination that King George County meets the criteria in the Hatch Act and OPM regulations for a partial exemption to issue. DATES: This rule is effective June 6, 2012.
FOR FURTHER INFORMATION CONTACT: Jo-Ann Chabot, Office of the General Counsel, United States Office of Personnel Management,
(202)606-1700. SUPPLEMENTARY INFORMATION: The Hatch Act, at 5 U.S.C. 7323(a)(2) and (3), prohibits Federal employees from becoming candidates for partisan political office and from soliciting, accepting, or receiving political contributions. However, 5 U.S.C. 7325, authorizes OPM to prescribe regulations permitting employees in certain communities to participate in local elections for partisan political office without regard to the prohibitions in 5 U.S.C. 7323(a)(2) and
(3)only if the requirements described in section 7325 are met. The first requirement is that the community or political subdivision must be located in Maryland or Virginia, and in the immediate vicinity of the District of Columbia. Alternatively, the majority of the community's registered voters must be employed by the United States Government. The second requirement is that OPM must determine that it is in the domestic interest of the employees to permit that political participation because of special or unusual circumstances existing in the community or political subdivision. These statutory requirements are reflected in 5 CFR 733.107(a). Under 5 CFR part 733, the exemption from the prohibitions in 5 U.S.C. 7323(a)(2) and
(3)is a partial exemption because in 5 CFR 733.103-733.106, OPM has established limitations on political participation by most Federal employees residing in these designated municipalities and subdivisions. On August 22, 2011, OPM issued a proposed rule at 72 FR 39582 to add King George County, Virginia, to this regulatory list of designated localities at 5 CFR 733.107(c). In its notice of proposed rulemaking, OPM noted that King George County, Virginia, had fulfilled the statutory requirements for a partial exemption to issue and proposed the addition of King George County to the regulatory list of designated localities. 76 FR 52287 (August 22, 2011). OPM also placed a legal notice in the print edition of *The Free Lance Star* on September 9, 2011. OPM did not receive any comments on the proposed rule during the 60-day notice and comment period. Therefore, OPM is adding King George County to its list of designated localities at 5 CFR 733.107(c). When this rule becomes effective, Federally employed residents of King George County will be permitted under 5 CFR 733.103 to participate in the following activities:
(1)Run as independent candidates for election to partisan political office in elections for local county office in King George County;
(2)Solicit, accept, or receive a political contribution as, or on behalf of, an independent candidate for partisan political office in elections for local office in King George County;
(3)Accept or receive a political contribution on behalf of an individual who is a candidate for local partisan political office and who represents a political party;
(4)Solicit, accept, or receive uncompensated volunteer services as an independent candidate, or on behalf of an independent candidate, for local partisan political office, in connection with the local elections of King George County; and
(5)Solicit, accept, or receive uncompensated volunteer services on behalf of an individual who is a candidate for local partisan political office and who represents a political party. Under 5 CFR 733.104 of title 5, however, Federally employed residents of King George County may not:
(1)Run as the representative of a political party for local partisan political office;
(2)Solicit a political contribution on behalf of an individual who is a candidate for local partisan political office and who represents a political party;
(3)Knowingly solicit a political contribution from any Federal employee, except as permitted under 5 U.S.C. 7323(a)(2)(A)-(C).
(4)Accept or receive a political contribution from a subordinate;
(5)Solicit, accept, or receive uncompensated volunteer services from a subordinate for any political purpose;
(6)Participate in political activities: ○ While they are on duty: ○ While they are wearing a uniform, badge, or insignia that identifies the employing agency or instrumentality or the position of the employee; ○ While they are in any room or building occupied in the discharge of official duties by an individual employed or holding office in the Government of the United States or any agency or instrumentality thereof; or ○ While using a Government-owned or leased vehicle or while using a privately owned vehicle in the discharge of official duties. Moreover, candidacy for, and service in, a partisan political office shall not result in neglect of, or interference with, the performance of the duties of the employee or create a conflict, or apparent conflict, of interest. Sections 733.103 and 733.104 of Title 5, Code of Federal Regulations, do not apply to individuals, such as career senior executives and employees of the Federal Bureau of Investigation, who are employed in the agencies or positions listed in 5 CFR 733.105(a). These individuals are subject to the more stringent limitations described in 5 CFR 733.105 and 733.106. Individuals who require advice concerning specific political activities, and whether an activity is permitted or prohibited under 5 CFR 733.103-733.106, should contact the United States Office of Special Counsel at
(800)854-2824 or
(202)254-3650. Requests for Hatch Act advisory opinions may be made by email to: *hatchact@osc.gov.* King George County will be listed after Herndon, Virginia, and before Loudoun County, Virginia, at 5 CFR 733.107(c). E.O. 12866, Regulatory Review This regulation has been reviewed by the Office of Management and Budget in accordance with 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 the changes will affect only employees of the Federal Government. List of Subjects in 5 CFR Part 733 Political activities (Government employees). U.S. Office of Personnel Management. John Berry, Director. Accordingly, the Office of Personnel Management amends 5 CFR part 733 as follows: PART 733—POLITICAL ACTIVITY—FEDERAL EMPLOYEES RESIDING IN DESIGNATED LOCALITIES 1. The authority citation for part 733 continues to read as follows: Authority: 5 U.S.C. 7325; sec. 308 of Pub. L. 104-93, 109 Stat. 961, 966 (Jan. 6, 1996) 2. Section 733.107(c) is amended by adding King George County, Virginia, alphabetically to the list of designated Virginia municipalities and political subdivisions as set forth below. § 733.107 Designated localities.
(c)* * * In Virginia King George County June 6, 2012. [FR Doc. 2012-10951 Filed 5-4-12; 8:45 am]
Connectionstraces to 2
10 references not yet in our index
- 5 CFR 733
- 5 CFR 733.107(a)
- 5 CFR 733.103-733
- 5 CFR 733.107(c)
- 5 CFR 733.103
- 5 CFR 733.104
- 5 CFR 733.105(a)
- 5 CFR 733.105
- Pub. L. 104-93
- 109 Stat. 961
Citation graph
cites case law
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Final rule
Cite5 CFR 733
Cite5 CFR 733.107(a)
Cite5 CFR 733.103-733
Cite5 CFR 733.107(c)
Cite5 CFR 733.103
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