Unknown. Interim final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-11-14.xml --- 77 220 Wednesday, November 14, 2012 Contents Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Consumer Financial Protection Bureau of Consumer Financial Protection RULES Fair Credit Reporting (Regulation V); Correction, 67744-67763 2012-27581 NOTICES Privacy Act; Systems of Records, 67802-67804 2012-27582 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 67820 2012-27583 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67790 2012-27621 Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Enhancing Protections Afforded Customers and Customer Funds Held by Futures Commission Merchants and Derivatives Clearing Organizations, 67866-67971 2012-26435 Defense Department Defense Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Acquisition Regulations; Integrity of Unit Prices, 67804 2012-27635 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Client Assistance Program, 67804-67805 2012-27701 Applications for Eligibility Designation: Programs under Parts A and F of Title III of the Higher Education Act of 1965, as amended (HEA), and Programs under Title V of the HEA, 67805-67808 2012-27673 Energy Department Energy Department See Federal Energy Regulatory Commission See Southwestern Power Administration NOTICES Meetings:

Environmental Management Advisory Board, 67808 2012-27680 Nuclear Energy Advisory Committee, 67809-67810 2012-27683 President's Council of Advisors on Science and Technology, 67808-67809 2012-27684 Environmental Protection Environmental Protection Agency RULES National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List: Deletion of Waste Management of Michigan-Holland Lagoons Superfund Site, 67777-67781 2012-27706 Pesticide Tolerances: Flonicamid, 67771-67777 2012-27702 Revision to the South Coast Portion of the California State Implementation Plan:

CPV Sentinel Energy Project AB 1318 Tracking System, 67767-67771 2012-27564 PROPOSED RULES National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List: Deletion of Waste Management of Michigan-Holland Lagoons Superfund Site, 67783-67784 2012-27705 NOTICES Proposed Settlement Agreements: Clean Air Act Citizen Suit, 67814-67815 2012-27704 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: PIAGGIO AERO INDUSTRIES S.p.A Airplanes, 67764-67767 2012-27051 Pratt and Whitney Division Turbofan Engines, 67763-67764 2012-27168 PROPOSED RULES Amendments of Class E Airspace:

Casper, WY, 67782-67783 2012-27667 NOTICES Charters: Air Traffic Procedures Advisory Committee, 67862 2012-27669 Environmental Assessments; Availability, etc.: Aberdeen Regional Airport, Aberdeen, SD, 67862 2012-27670 Waivers of Aeronautical Land-Use Assurances: J. Douglas Bake Memorial Airport (OCQ), Oconto, WI, 67862-67863 2012-27662 Federal Communications Federal Communications Commission NOTICES Meetings: Federal Advisory Committee Act; Communications Security, Reliability, and Interoperability, 67815-67816 2012-27646 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 67816 2012-27703 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 2012-27614 67810-67811 2012-27615 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: Porter-Walker LLC, 67811 2012-27613 Meetings; Sunshine Act, 67812-67813 2012-27709 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 67816 2012-27620 Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 67816-67819 2012-27623 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Finding on a Petition to List the Heller Cave Springtail as Endangered or Threatened, 67784-67789 2012-27573 NOTICES Endangered and Threatened Wildlife and Plants: Recovery Permit Applications, 67828-67829 2012-27612 Environmental Impact Statements; Availability, etc.: Charles M. Russell National Wildlife Refuge and UL Bend National Wildlife Refuge, MT, 67829-67830 2012-27610 Establishment of Sangre de Cristo Conservation Area:

Colorado and New Mexico, 67830-67831 2012-27611 Food and Drug Food and Drug Administration NOTICES Privacy Act; Systems of Records, 67820-67823 2012-27580 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulations; Integrity of Unit Prices, 67804 2012-27635 Geological Geological Survey NOTICES Meetings: National Geospatial Advisory Committee, 67831-67832 2012-27619 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau NOTICES Meetings:

Secretarial Commission on Indian Trust Administration and Reform, 67827-67828 2012-27595 International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Orders: Honey from Argentina; Antidumping and Countervailing Duty Changed Circumstances Reviews, 67790-67792 2012-27678 International Trade Com International Trade Commission NOTICES Commission Determinations: Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof, 67832-67833 2012-27629 Certain Radio Frequency Integrated Circuits and Devices Containing Same, 67833 2012-27645 Commission Determinations:

Lemon Juice from Argentina And Mexico, 67833-67834 2012-27640 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Health Insurance Claim Form, 67834 2012-27609 Land Land Management Bureau NOTICES Meetings: Southeast Oregon Resource Advisory Council, 67832 2012-27616 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67834-67835 2012-27625 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Acquisition Regulations; Integrity of Unit Prices, 67804 2012-27635 National Archives National Archives and Records Administration NOTICES Records Schedules; Availability and Request for Comments, 67835-67836 2012-27677 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts Advisory Panel, 67836-67837 2012-27622 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: NEXT Generation Health Study; Correction, 67823-67824 2012-27577 Meetings: Center for Scientific Review, 2012-27585 2012-27586 67824-67826 2012-27592 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 67824-67825 2012-27588 National Heart, Lung, and Blood Institute, 67827 2012-27587 National Institute of Allergy and Infectious Diseases, 2012-27593 67826 2012-27594 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 67824 2012-27584 National Institute of Mental Health, 67825, 67827 2012-27589 2012-27590 Recombinant DNA Advisory Committee, 67826-67827 2012-27591 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Magnuson-Stevens Act Provisions:

Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2013-2014 Biennial Specifications and Management Measures, 67974-68041 2012-27338 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Northeast Region Permit Family of Forms, 67792-67793 2012-27596 Endangered and Threatened Species: Take of Anadromous Fish, 67794-67797 2012-27663 2012-27665 2012-27696 Takes of Marine Mammals Incidental to Specified Activities: Bird Mitigation Research in the Farallon National Wildlife Refuge, 67797-67802 2012-27661 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 67837 2012-27641 Amendments to Facility Operating Licenses; Applications: Callaway Plant, Unit 1, 67837-67838 2012-27626 Meetings; Sunshine Act, 67838 2012-27740 Personnel Personnel Management Office RULES Federal Employees Health Benefits Program Coverage for Certain Intermittent Employees, 67743-67744 2012-27743 NOTICES Excepted Service: September 2012, 67838-67839 2012-27679 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 2012-27575 67839-67841 2012-27576 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 67841-67844 2012-27601 2012-27602 2012-27603 2012-27604 2012-27606 2012-27607 2012-27608 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange LLC, 67851-67856 2012-27600 C2 Options Exchange, Inc., 67850-67851 2012-27599 Chicago Board Options Exchange, Inc., 67844-67845, 67847-67849 2012-27574 2012-27628 National Stock Exchange, Inc., 67849-67850 2012-27598 NYSE Arca, Inc., 67845-67847 2012-27597 Small Business Small Business Administration NOTICES Disaster Declarations:

Connecticut, 67856-67857 2012-27649 New Jersey, 2012-27653 2012-27655 2012-27656 67857-67859 2012-27657 New York, 67857-67858 2012-27650 2012-27652 Rhode Island, 67857-67858 2012-27651 Utah, 67858 2012-27654 Southwestern Southwestern Power Administration NOTICES Rate Orders: Sam Rayburn Dam Project Power Rate, 67813-67814 2012-27674 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statement Regarding a Lost or Stolen U.S.

Passport Book and/or Card, 67860 2012-27676 Surface Transportation Surface Transportation Board NOTICES Environmental Impact Statements; Availability, etc.: Rail Construction and Operations, Tongue River Railroad Company, Inc., Custer, Powder River and Rosebud Counties, MT, 67863 2012-27760 Temporary Trackage Rights Exemption: Union Pacific Railroad Company; BNSF Railway Company, 67863-67864 2012-27638 Tennessee Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 67860-67861 2012-27821 Transportation Department Transportation Department See Federal Aviation Administration See Surface Transportation Board NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 67861-67862 2012-27618 Separate Parts In This Issue Part II Commodity Futures Trading Commission, 67866-67971 2012-26435 Part III Commerce Department, National Oceanic and Atmospheric Administration, 67974-68041 2012-27338 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. 77 220 Wednesday, November 14, 2012 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 890 RIN 3206-AM74 Federal Employees Health Benefits Program Coverage for Certain Intermittent Employees 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 (FEHBP) regulations to make certain employees who work on intermittent schedules eligible to be enrolled in a health benefits plan under the FEHBP. This rule is intended to allow agencies such as the Federal Emergency Management Agency

(FEMA)to apply to OPM for authorization to offer FEHBP coverage to intermittent employees engaged in emergency response functions. DATES: This rule is effective November 9, 2012. OPM must receive comments on or before January 14, 2013. 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: On July 17, 2012, OPM issued an interim final regulation to extend eligibility for health insurance coverage under the Federal Employees Health Benefits program (FEHBP) to temporary firefighters and fire protection personnel. 77 FR 42417. In addition, in recognition of the fact that there may be other groups of employees not currently covered by the FEHB program because of the temporary nature of their appointments, the rule allowed agencies to request that OPM extend FEHB coverage to similarly situated temporary employees. We also solicited comments from the public regarding whether OPM should explicitly provide FEHBP coverage to 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)) (“Stafford Act”) to respond to major disasters and emergencies declared by the President. OPM is currently reviewing the comments it received in response to its interim final regulation. In the meantime, a major natural disaster, Hurricane Sandy, struck the East Coast of the United States at the end of October. The storm resulted in loss of life and major destruction of property across a wide swath of the Eastern seaboard. In affected areas, 8.5 million people have gone without power, gasoline has been scarce, and massive flooding and cold temperatures have increased the hardship on those living in the storm's path. President Obama declared that major disasters had occurred in Connecticut, New York, New Jersey, and Rhode Island, making disaster assistance available to those in the areas heaviest hit by the storm. The President also signed federal emergency declarations for Connecticut, New York, New Jersey, New Hampshire, Massachusetts, Virginia, West Virginia, Maryland, Pennsylvania, Delaware, Rhode Island, and the District of Columbia. Federal agencies, including the Federal Emergency Management Agency (FEMA), have worked and continue to work with state and local partners to respond to this emergency. Over 3,000 FEMA employees were immediately deployed to the hardest hit areas. These FEMA workers may be exposed to dangerous conditions, and put their health and safety at risk in order to assist those who have been affected by the storm. Because many of these FEMA employees work intermittent schedules within the meaning of 5 CFR 340.403, they are not eligible for FEHBP coverage under OPM's regulations, specifically 5 CFR 890.102(c)(3). 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. It is empowered to include or exclude employees on the basis of the nature and type of their employment or conditions pertaining to their appointments, “such as short term appointment, seasonal or intermittent employment, and employment of like nature.” *Id.* Intermittent emergency response employees often work in conditions that may expose them to various environmental hazards, similar to the wildland firefighters covered by the regulation described above. In light of the need for agencies to attract and bring emergency workers on board quickly and in recognition of the hazardous conditions those employees often face, OPM has concluded that its current policy of categorically excluding intermittent employees from FEHBP coverage is no longer in the public interest and should be changed. Therefore, OPM is issuing this interim regulation to allow agencies to request FEHBP coverage for intermittent employees engaged in emergency response and recovery work as defined by the Stafford Act. In addition, if OPM grants any such requests, it is reserving the authority to limit FEHBP coverage for intermittent employees only to the periods during which they are in a pay status. This would promote parity between intermittent employees and temporary employees like the wildland firefighters, who receive FEHBP coverage only when called up for duty. It would also allow OPM the discretion to craft an appropriate approach to health insurance coverage based on the potentially diverse work schedules of intermittent employees. 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. Hurricane Sandy left death and massive destruction in its wake. Many of the people in the storm's path continue to be exposed both to the elements (just as colder weather has arrived) and to inherently hazardous conditions where they are located and are thus in immediate need of emergency assistance. FEMA is playing a major role, working with state and local partners, to provide this assistance. Therefore, the federal government has a critical need to deploy additional qualified emergency response workers to serve the American people. Moreover, emergency response workers are voluntarily exposing themselves to hazardous working conditions every day. They have a need for health insurance coverage to obtain preventive care, to allow for early detection of potentially serious conditions, and to address any health issues that may arise as a result of their service. The regulatory obstacle preventing such agencies as FEMA from submitting a request for FEHBP coverage of these men and women should thus be eliminated without delay. 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 intermittent 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 Parts 890 Administrative practice and procedure, Government employees, Health facilities, Health insurance, Health professions, Reporting and recordkeeping requirements, Retirement. U.S. Office Of Personnel Management. John Berry, Director. Accordingly, OPM is amending title 5, Code of Federal Regulations, Chapter I 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 is amended by revising paragraph

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

(i)Notwithstanding paragraphs (c)(1) through

(3)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. In granting eligibility requests, OPM may limit the coverage of intermittent employees under a health benefits plan to the periods of time during which they are in a pay status. [FR Doc. 2012-27743 Filed 11-9-12; 4:15 pm]

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