Unknown. Interim final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-07-19.xml --- 77 139 Thursday, July 19, 2012 Contents Air Force Air Force Department NOTICES Performance Review Board Members, 42485-42486 2012-17566 Arctic Arctic Research Commission NOTICES Meetings: Reports and Updates on Arctic Research Programs and Projects, 42482 2012-17463 Army Army Department See Engineers Corps Coast Guard Coast Guard RULES Drawbridge Operations: Niantic River, Niantic, CT, 42432-42433 2012-17579 2012-17580 Saugus River, Lynn and Revere, MA, 42433 2012-17577 PROPOSED RULES Special Local Regulations for Marine Events:

Potomac River, National Harbor Access Channel, MD; Withdrawal, 42464-42465 2012-17578 Special Local Regulations: Cruce a Nado Internacional, Ponce Harbor; Ponce, PR, 42465-42467 2012-17562 Fajardo Offshore Festival II, Fajardo, PR, 42467-42470 2012-17581 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42482 2012-17553 Commodity Futures Commodity Futures Trading Commission RULES End-User Exception to the Clearing Requirement for Swaps, 42560-42591 2012-17291 Defense Department Defense Department See Air Force Department See Engineers Corps NOTICES Meetings:

Wage Committee, 42485 2012-17502 2012-17503 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for GEAR UP College Savings Account Research Demonstration Project, 42489-42490 2012-17662 Meetings: Advisory Committee on Student Financial Assistance, 42490 2012-17543 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Chatfield Reservoir Storage Reallocation, Littleton, CO, 42489 2012-17587 Missouri River Municipal and Industrial Reallocation, 42486-42487 2012-17591 Proposed Panoche Valley Solar Farm, San Benito County, CA, 42488 2012-17595 Reduce Avian Predation on Juvenile Salmonids through Management of Double-Crested Cormorants in the Columbia River Estuary, 42487-42488 2012-17598 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances: Difenoconazole, 42433-42439 2012-17628 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans:

New Hampshire; Attainment of the One-Hour Ozone Standard for the Portsmouth-Dover-Rochester and Manchester Areas, 42470-42476 2012-17621 NOTICES Board of Trustees for the National Environmental Education Foundation; New Member, 42491-42492 2012-17661 Objections to State Operating Permits: Cash Creek Generation, LLC, Cash Creek Generation Station, Henderson County, KY, 42493 2012-17635 Kentucky Syngas, LLC; Muhlenberg County, KY, 42492 2012-17632 Proposed Consent Decrees: New Source Performance Standards for Municipal Solid Waste Landfills, 42493-42494 2012-17627 Reviews of National Ambient Air Quality Standards for Ozone;

Document Availability, 42495-42496 2012-17626 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bell Helicopter Textron Canada Helicopters, 42421-42424 2012-17561 Honeywell International, Inc. Global Navigation Satellite Sensor Units, 42419-42421 2012-17592 Pratt & Whitney Turbofan Engines, 42424-42425 2012-17001 Amendments of Air Traffic Service Routes: Vero Beach, FL, Vicinity, 42425-42427 2012-17399 Amendments of Class E Airspace: Grinnell, IA, 42427-42428 2012-17287 Amendments of Jet Routes and VOR Federal Airways:

Northeastern United States, 42428-42429 2012-17406 Establishments of Class E Airspace: West Memphis, AR, 42430 2012-17362 Revocations of Class E Airspace; Amendments of Class D and E Airspace: Lloydsville and Latrobe, PA, 42430-42432 2012-17469 PROPOSED RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 42457-42459 2012-17608 MD Helicopters, Inc.

(MDHI)Helicopters, 42459-42462 2012-17616 Piaggio Aero Industries S.p.A., 42454-42455 2012-17582 Piper Aircraft, Inc. Airplanes, 42455-42457 2012-17589 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Commercial Air Tour Operator Reports, 42548 2012-17612 Damage Tolerance and Fatigue Evaluation of Composite Rotorcraft Structures, 42547-42548 2012-17613 Suspected Unapproved Parts Notification, 42547 2012-17614 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42497-42499 2012-17517 2012-17519 2012-17520 Federal Energy Federal Energy Regulatory Commission NOTICES Commission Staff Attendances, 42490 2012-17585 Federal Motor Federal Motor Carrier Safety Administration NOTICES Privacy Act; Systems of Records, 42548-42552 2012-17597 Fiscal Fiscal Service NOTICES Surety Companies Acceptable of Federal Bonds; Terminations and Mergers: Harleysville Mutual Insurance Co., 42553-42554 2012-17359 Surety Companies Acceptable on Federal Bonds; Terminations: Peerles Insurance Co., 42554 2012-17360 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Examination of Online Direct-to-Consumer Prescription Drug Promotion, 42500-42501 2012-17554 Guidance for Industry on Formal Dispute Resolution; Appeals Above the Division Level, 42501-42502 2012-17556 Survey of Health Care Providers Responses to Medical Device Labeling, 42502 2012-17555 Meetings: Ophthalmic Devices Panel of the Medical Devices Advisory Committee, 42503 2012-17668 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42499-42500 2012-17489 Designations of Class of Employees for Addition to Special Exposure Cohort; Correction, 42500 2012-17569 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Designation as a Single Family Foreclosure Commissioner, 42505 2012-17637 Industry Industry and Security Bureau NOTICES Meetings: Materials Processing Equipment Technical Advisory Committee, 42483 2012-17619 Materials Technical Advisory Committee, 42482-42483 2012-17617 Interior Interior Department See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Reporting and Notice Requirements for Deferred Vested Benefits; Correction, 42462 2012-17545 International Trade Adm International Trade Administration NOTICES Applications for Duty-Free Entry of Scientific Instruments, 42483-42484 2012-17620 2012-17622 Meetings: Civil Nuclear Trade Advisory Committee, 42484-42485 2012-17525 Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Long Canyon Mine Project, Elko County, NV, 42505-42506 2012-17583 Filings of Plats of Surveys: California, 42506 2012-17565 Meetings: Eastern Montana Resource Advisory Council, 42507 2012-17567 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 42513-42515 2012-17775 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 42515 2012-17778 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 42504 2012-17512 National Institute of Allergy and Infectious Diseases, 42503-42504 2012-17492 Prospective Grants of Exclusive Licenses: Development of Diagnostic Tool for Diagnosing Benign Versus Malignant Thyroid Lesions, 42504-42505 2012-17497 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Ocean Perch in the West Yakutat District of the Gulf of Alaska, 42439-42440 2012-17601 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of the Gulf of Mexico; Amendment 35, 42476-42481 2012-17491 National Park National Park Service NOTICES Inventory Completions: History Colorado, Denver, CO, 42510-42513 2012-17631 New York University College of Dentistry, New York, NY, 42507-42509, 42513 2012-17629 2012-17645 2012-17646 New York University College of Dentistry, New York, NY; Correction, 42510 2012-17618 University of Montana, Missoula, MT, 42509-42510 2012-17625 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 42515 2012-17538 Occupational Safety Health Adm Occupational Safety and Health Administration PROPOSED RULES Hawaii State Plan for Occupational Safety and Health, 42462-42464 2012-17363 Personnel Personnel Management Office RULES Federal Employees Health Benefits Program Coverage for Certain Firefighters, 42417-42418 2012-17623 Postal Regulatory Postal Regulatory Commission NOTICES Product List Changes, 42515-42516 2012-17605 Public Debt Public Debt Bureau See Fiscal Service Securities Securities and Exchange Commission NOTICES Applications: The Dreyfus Corporation, et al., 42516-42522 2012-17575 Meetings; Sunshine Act, 42522 2012-17609 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 42539-42541 2012-17574 NASDAQ OMX BX, Inc., 42522-42523 2012-17547 NASDAQ OMX PHLX LLC, 42524-42525, 42541-42546 2012-17548 2012-17573 New York Stock Exchange LLC; NYSE Amex LLC, 42525-42529 2012-17551 NYSE Arca, Inc., 42529-42535 2012-17549 2012-17550 NYSE MKT LLC, 42535-42539 2012-17552 Small Business Small Business Administration PROPOSED RULES Small Business Size Standards: Utilities, 42441-42454 2012-17441 NOTICES Major Disaster Declarations: Florida; Amendment 1, 42546 2012-17243 State Department State Department NOTICES Designations as Global Terrorists: Ahmed Abdulrahman Sihab Ahmed Sihab, 42546 2012-17639 Surface Transportation Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42552-42553 2012-17615 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board NOTICES Funding Availabilities: Small Business Transportation Resource Center Program, 42546 2012-17570 Treasury Treasury Department See Fiscal Service See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Access to Financial Records, 42556-42557 2012-17509 Application for Fee or Personnel Designation, 42554-42555 2012-17508 Authorization to Substitute a Claim of a Deceased Claimant, 42554 2012-17504 Notice of Disagreement, 42556 2012-17505 Request for and Authorization to Release Medical Records or Health Information, 42555-42556 2012-17506 Privacy Act; Systems of Records, 42594-42615 2012-17507 Separate Parts In This Issue Part II Commodity Futures Trading Commission, 42560-42591 2012-17291 Part III Veterans Affairs Department, 42594-42615 2012-17507 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. 77 139 Thursday, July 19, 2012 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 890 RIN 3206-AM66 Federal Employees Health Benefits Program Coverage for Certain Firefighters AGENCY: Office of Personnel Management. ACTION: Interim final rule. SUMMARY: The United States Office of Personnel Management

(OPM)is issuing an interim final rule to amend the Federal Employees Health Benefits Program

(FEHB)regulations to make certain firefighters hired under a temporary appointment eligible to be enrolled in a health benefits plan under the FEHB. DATES: This rule is effective July 17, 2012. OPM must receive comments on or before September 17, 2012. ADDRESSES: Send written comments to Michael W. Kaszynski, Senior Policy Analyst, Planning and Policy Analysis, U.S. Office of Personnel Management, Room 3415, 1900 E Street NW., Washington, DC; or FAX to

(202)606-4640 Attn: Michael Kaszynski. You may also submit comments using the Federal eRulemaking Portal: *http://www.regulations.gov.* Follow the instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: Michael W. Kaszynski at *Michael.Kaszynski@opm.gov* or

(202)606-0004. SUPPLEMENTARY INFORMATION: This interim final rule immediately extends eligibility for health insurance coverage under the Federal Employees Health Benefits

(FEHB)program to temporary firefighters and fire protection personnel. The federal government has a critical need to hire and quickly deploy qualified firefighters and other fire protection personnel to areas of the country where disasters caused by man or nature require their services. The federal agencies that routinely deploy firefighters to respond to these disasters, including the Departments of Agriculture and Interior, have used temporary appointment authorities to bring firefighting personnel on board, as these authorities provide the flexibility they need to quickly increase their firefighting workforce to address wildfire emergencies and then to decrease the workforce when the emergencies are resolved. Pursuant to 5 U.S.C. 8913(b), OPM has broad authority to prescribe the conditions under which employees are eligible to enroll in the FEHB program and is empowered to include or exclude employees on the basis of the nature and type of their employment or conditions pertaining to their appointments, including the duration of the appointment. Under current OPM regulations, individuals serving under temporary appointments have generally been excluded from coverage, with limited exceptions not relevant here. Accordingly, the only circumstances under which temporary employees previously could secure coverage under the FEHB program are those set forth in 5 U.S.C. 8906a, which allows temporary employees who have completed one full year of continuous employment to secure coverage at their own expense. Temporary firefighters and fire protection personnel do not generally qualify for coverage under 5 U.S.C. 8906a because they do not work for full one-year periods. Thus, they are not eligible for coverage under the FEHB program at all. This regulation would for the first time provide FEHB coverage to these firefighters and fire protection personnel, as well as their families, pursuant to OPM's broad regulatory authority under 5 U.S.C. 8913(b), allowing them to obtain health insurance through their employer. OPM believes that the extension of this coverage is appropriate because firefighters face unique hazards and risks to their health. The day-to-day job of a firefighter involves frequent exposure to environmental risk factors that can precipitate the onset of severe and life-threatening diseases like cancer. Guidotti TL, *Evaluating causality for occupational cancers: the example of firefighters.* Occup. Med. (Lond). 2007; 57; 466-71. The nature of this work necessarily involves intense physical stress that can result in potentially fatal cardiac events, job-related injuries, and an adverse psychological impact. U.S. Dep't of Homeland Sec., U.S. Fire Admin., Fire-Related Firefighter Injuries Reported to NFIRS, Topical Fire Report Series, Vol. 11, Issue 7, February 2011, *available at http://www.usfa.fema.gov/downloads/pdf/statistics/v11i7.pdf;* Kales SN, Soteriades ES, Christoudias SG, Christiani DC, *Firefighters and on-duty deaths from coronary heart disease: a case control study.* Environ. Health. 2003; 2(1):14; Carey MG, Al-Zaiti SS, Dean GE, Sessanna L, Finnell DS, *Sleep Problems, Depression, Substance Use, Social Bonding, and Quality of Life in Professional Firefighters.* J. Occup. Environ. Med. 2011; 53(8):928-33. Although firefighters are eligible for worker's compensation for injuries suffered on the job, they nonetheless have a heightened need for health insurance coverage, so that they can obtain preventive care and benefit from early detection of the chronic and life-threatening conditions from which they face increased risk, in addition to receiving treatment for illnesses and injuries from which they are currently suffering. Providing firefighters coverage under the FEHB program acknowledges the unique hazards and increased risks they face for their Federal service and enhances the quality of their lives by ensuring they have access to the medical benefits necessary to promote prevention and early intervention and treatment for diseases that cannot be prevented. In addition, in order to protect the public health and safety, the Departments of Agriculture and Interior have a critical need this year, as in many years, for experienced firefighting personnel. They wish not only to recruit experienced firefighters this year, but also to maintain their interest in returning to serve during subsequent fire seasons. Offering health insurance coverage will provide additional assurances that these Departments will continue to successfully recruit and retain qualified firefighters and fire protection personnel for this and future fire seasons. OPM is committed to making the process for signing up for FEHB coverage simple and streamlined so that the firefighters covered by this rule can secure their new benefits with minimal burden. We are working closely with the Departments of Agriculture and Interior to ensure firefighters are able to promptly enroll for FEHB coverage. OPM recognizes that there may be other groups of employees not currently covered by the FEHB program because of the temporary nature of their appointments, but who are similarly situated to firefighting personnel in that they perform emergency response services. Accordingly, OPM has also added a new subsection

(i)to its regulations that permits agencies to request that OPM extend FEHB coverage to such employees. OPM intends to construe this subsection narrowly, applying it only to employees who are engaged in emergency response services similar to the services being performed by those responding to the wildfires, and only when requested by their employing agencies. OPM will issue guidance to assist agencies in implementing this provision. Agencies may submit requests to OPM under this provision after OPM issues its guidance. Finally, OPM is also soliciting comments from the public regarding whether it should explicitly provide FEHB coverage under subsection

(h)to additional employees who are currently ineligible under the provisions of subsection (c), but who perform similar emergency response services, including certain employees who are appointed pursuant to Section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1)) to respond to major disasters and emergencies declared by the President. Waiver of Proposed Rulemaking OPM is issuing this regulation as an interim final rule. Under section 553(b) of the Administrative Procedure Act

(APA)(5 U.S.C. 551 et seq.), an agency may issue a final rule without first publishing a general notice of proposed rulemaking when it determines, for good cause, that notice and public comment are impracticable, unnecessary, or contrary to the public interest. We have determined that this standard is satisfied. The United States is experiencing an active wildfire season. Not only are tens of thousands of acres in Western states being blackened, but the wildfires are creating significant environmental damage and health hazards. Water quality, for example, is being compromised up to 100 miles from the burn. Big fires have significant consequences, especially for air quality. A series of large wildfires in Canada in 1995 created massive plumes of carbon monoxide that drifted south through Boston, New York and Washington. The 2003 wildfire season in California caused such a substantial increase in particulate matter, carbon monoxide and nitrous oxide that the fires polluted the air quality outside and inside homes as well. Forest fires can also result in large releases of sediment into rivers and streams, which can clog reservoirs and undermine the quality of drinking water. Therefore, the federal government has a critical need to hire and deploy qualified firefighters to serve the American people. Moreover, the firefighters and fire protection personnel are putting their lives on the line and voluntarily exposing themselves to hazardous working conditions every day. They have an immediate need for health insurance coverage to obtain preventive care and to allow for early detection of potentially serious conditions, in addition to addressing any health issues that arise during this fire season. Allowing these men and women the opportunity to obtain health insurance coverage will help them to protect themselves and their families. Because of these conditions, OPM has determined that it would be impracticable, unnecessary, and contrary to the public interest to delay putting the provisions of this interim final regulation in place until a public notice and comment process has been completed. We find good cause to waive the notice of proposed rulemaking and to issue this final rule on an interim basis. We will accept public comments on this interim final rule for 60 days. We are also dispensing with the usual requirement that a new rule not take effect until 30 days after it is issued. Instead, this rule is effective immediately upon public display. Immediate effectiveness is authorized because this is a substantive rule granting an exception to the prohibition on providing health insurance coverage to temporary employees. *See* 5 U.S.C. 553(d)(1). Moreover, for the reasons set forth above, there is good cause to make this rule effective immediately. 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 additional groups to the list of groups eligible for coverage under FEHB. Executive Orders 13563 and 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Orders 13563 and 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 890 Administrative practice and procedure, Government employees, Health facilities, Health insurance, Health professions, Hostages, Iraq, Kuwait, Lebanon, Military personnel, Reporting and recordkeeping requirements, Retirement. U.S. Office of Personnel Management. John Berry, Director. Accordingly, OPM is amending 5 CFR part 890 as follows: PART 890—FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM 1. The authority citation for part 890 continues to read as follows: Authority: 5 U.S.C. 8913; Sec. 890.301 also issued under sec. 311 of Pub. L. 111-03, 123 Stat. 64; Sec. 890.111 also issued under section 1622(b) of Pub. L. 104-106, 110 Stat. 521; Sec. 890.112 also issued under section 1 of Pub. L. 110-279, 122 Stat. 2604; 5 U.S.C. 8913; Sec. 890.803 also issued under 50 U.S.C. 403p, 22 U.S.C. 4069c and 4069c-1; subpart L also issued under sec. 599C of Pub. L. 101-513, 104 Stat. 2064, as amended; Sec. 890.102 also issued under sections 11202(f), 11232(e), 11246

(b)and

(c)of Pub. L. 105-33, 111 Stat. 251; and section 721 of Pub. L. 105-261, 112 Stat. 2061. 2. Section 890.102 to be amended by adding paragraphs

(h)and

(i)to read as follows: § 890.102 Coverage.

(h)Notwithstanding paragraphs (c)(1) and

(2)of this section, an employee who is in a position identified by OPM that provides emergency response services for wildland fire protection is eligible to be enrolled in a health benefits plan under this part.

(i)Notwithstanding paragraphs (c)(1) and

(2)of this section, upon request by the employing agency, OPM may grant eligibility to employees performing similar types of emergency response services to enroll in a health benefits plan under this part. [FR Doc. 2012-17623 Filed 7-17-12; 8:45 am]

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