Unknown. Interim final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-12-04.xml --- 77 233 Tuesday, December 4, 2012 Contents Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agency Health Agency for Healthcare Research and Quality NOTICES Senior Executive Service Performance Review Board Membership, 71793-71794 2012-29033 Agricultural Marketing Agricultural Marketing Service RULES Avocados Grown in South Florida: Decreased Assessment Rate, 71688-71689 2012-29253 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Mandatory Country of Origin Labeling of Covered Commodities, 71773-71774 2012-29167 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71772-71773 2012-29159 2012-29162 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Importation of Mangoes from India into Continental United States, 71775 2012-29283 National Management Information System, 71774-71775 2012-29225 Antitrust Division Antitrust Division NOTICES Membership Changes Pursuant to National Cooperative Research and Production Act: 3D PDF Consortium, Inc., 71831 2012-29269 Sematech, Inc. d/b/a International Sematech, 71830 2012-29273 SGIP 2.0, Inc., 71830-71831 2012-29266 Antitrust See Antitrust Division Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 71794-71800 2012-29172 2012-29173 2012-29174 2012-29175 2012-29176 2012-29182 2012-29183 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71801-71802 2012-29243 Coast Guard Coast Guard RULES Safety Zones: Overhead Cable Replacement, Maumee River, Toledo, OH, 71697-71699 2012-29187 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission NOTICES Telephonic Prehearing Conference, 71786-71787 2012-29236 Drug Drug Enforcement Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Individual Manufacturing Quota for a Basic Class of Controlled Substance, etc., 71831-71832 2012-29213 Application for Procurement Quota for Controlled Substances and Ephedrine, Pseudoephedrine, and Phenylpropanolamine, 71832 2012-29214 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Student Assistance General Provisions, Readmission for Servicemembers, 71787 2012-29271 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission RULES Criteria and Procedures for Determining Eligibility for Access to Classified Matter or Special Nuclear Material:

Technical Amendments, 71689-71691 2012-29234 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71787-71788 2012-29235 Energy Information Energy Information Administration NOTICES Change to Publication of Natural Gas Wellhead Prices, 71788-71789 2012-29232 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: Delaware; Control of Stationary Generator Emissions, 71700-71702 2012-29103 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans:

Delaware; Control of Stationary Generator Emissions, 71751-71752 2012-28828 NOTICES Cross-Media Electronic Reporting: Authorized Program Revision Approval, Georgia, 71792 2012-29252 Export Import Export-Import Bank NOTICES Meetings: Advisory Committee, 71792 2012-29262 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Meetings, 71792-71793 2012-29247 Federal Aviation Federal Aviation Administration RULES Type Certification Procedures for Changed Products, 71691-71695 2012-29276 PROPOSED RULES Airworthiness Directives:

Bombardier, Inc. Airplanes, 71729-71731 2012-29171 The Boeing Company, 71731-71734 2012-29177 The Boeing Company Airplanes, 71723-71729 2012-29170 Minimum Altitudes for Use of Autopilots, 71735-71741 2012-29274 Modifications of Class B Airspace in Miami, FL, and Class C Airspace in Ft. Lauderdale, FL: Public Meetings, 71734-71735 2012-28991 NOTICES Petitions for Exemptions; Summaries of Petitions Received, 71864-71865 2012-29277 2012-29278 2012-29280 Federal Communications Federal Communications Commission RULES Commission's Rules Regarding Office of Managing Director and Office of Inspector General, 71711-71712 2012-29150 Lifeline and Link Up Reform and Modernization:

Advancing Broadband Availability Through Digital Literacy Training, 71712-71713 2012-29069 Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, 71713-71714 2012-26009 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 71793 2012-29309 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 71702-71711 2012-29255 NOTICES Changes in Flood Hazard Determinations, 71807-71811 2012-29256 Emergency Declarations:

Connecticut; Amendment No. 1, 71811 2012-29206 Maryland; Amendment No. 1, 71811 2012-29208 New Jersey; Amendment No. 2, 71811 2012-29192 New York; Amendment No. 2, 71812 2012-29261 Virginia; Amendment No. 1, 71811-71812 2012-29220 West Virginia; Amendment No. 2, 71812 2012-29210 Major Disaster Declarations: Connecticut; Amendment No. 3, 71813 2012-29207 Connecticut; Amendment No. 4, 71813 2012-29190 New Jersey; Amendment No. 6, 71813 2012-29191 New York; Amendment No. 7, 71812 2012-29259 Major Disasters and Related Determinations:

Maryland, 71813-71814 2012-29194 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 71789-71791 2012-29196 2012-29197 2012-29198 2012-29205 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 71793 2012-29200 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 71793 2012-29201 Federal Trade Federal Trade Commission PROPOSED RULES Guides for Advertising Allowances and Other Merchandising Payments and Services, 71741-71743 2012-29189 Federal Transit Federal Transit Administration NOTICES Over-the-Road Bus Accessibility Grant Program, 71865-71871 2012-29272 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants:

Designation of Revised Critical Habitat for Northern Spotted Owl, 71876-72068 2012-28714 Revised Critical Habitat for the Riverside Fairy Shrimp, 72070-72140 2012-28250 PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Finding on Petition to List Phoenix dactylifera Sphinx (Sphinx Date Palm), 71757-71758 2012-29153 90-Day Finding on Petition to List Prairie Gray Fox, Plains Spotted Skunk, and Distinct Population Segment of Mearn's Eastern Cottontail in East-central Illinois and Western Indiana, 71759-71771 2012-29188 NOTICES Endangered Species Recovery Permit Applications, 71818-71820 2012-29178 Meetings:

North American Wetlands Conservation Council, 71820-71821 2012-29254 Food and Drug Food and Drug Administration RULES Secondary Direct Food Additives Permitted in Food for Human Consumption: Sodium Dodecylbenzenesulfonate, 71695-71697 2012-29279 PROPOSED RULES Filings of Food Additive Petitions; Animal Use: DSM Nutritional Products, 71750 2012-29202 Revocation of Standards of Identity: Artificially Sweetened Fruit Jelly and Artificially Sweetened Fruit Preserves and Jams, 71746-71750 2012-29181 NOTICES Guidance on Investigational New Drug Applications for Positron Emission Tomography Drugs, 71802-71803 2012-29163 Guidance on Oversight of Positron Emission Tomography Drug Products - Questions and Answers, 71803-71804 2012-29157 Public Hearings:

Antiseptic Patient Preoperative Skin Preparation Products; Correction, 71804 2012-29166 Requests for Nominations: Nonvoting Industry Representatives on the Device Good Manufacturing Practice Advisory Committee, 71804-71805 2012-29165 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 71832-71833 2012-29364 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71821-71822 2012-29151 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Substance Abuse and Mental Health Services Administration RULES Possession, Use, and Transfer of Select Agents and Toxins:

Biennial Review; Technical Correction, 71702 2012-28784 Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service See Office of Natural Resources Revenue NOTICES Oil, Gas, and Potash Leasing and Development: Designated Potash Area of Eddy and Lea Counties, NM, 71814-71818 2012-29393 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 71872-71873 2012-29147 2012-29148 International Trade Adm International Trade Administration NOTICES Antidumping Duty Orders; Results, Extensions, Amendments, etc.: Certain Steel Threaded Rod from People's Republic of China, 71776 2012-29275 Applications for Duty-Free Entry of Electron Microscopes: Ohio University, et al.; Consolidated Decision, 71776-71777 2012-29288 Trade Mission to Egypt and Kuwait: Amendment, 71777 2012-29289 U.S. Infrastructure Trade Mission to Colombia and Panama:

Bogota, Columbia and Panama City, Panama, May 13-16, 2012, 71778-71780 2012-29306 U.S. Trade Mission to Asia in Conjunction with Trade Winds: Philippines, Hong Kong, Korea, Japan and Taiwan, May 9-17, 2013, 71780-71782 2012-29293 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings: Advisory Committee, 71828-71829 2012-29270 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration See Foreign Claims Settlement Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: COPS Application Package, 71829-71830 2012-29209 Monitoring Information Collections, 71830 2012-29212 Labor Department Labor Department PROPOSED RULES Rules of Practice and Procedure for Hearings Before the Office of Administrative Law Judges, 72142-72193 2012-28516 NOTICES Tribal Consultation Policy, 71833-71842 2012-29246 Land Land Management Bureau NOTICES Coal Exploration License Applications: MTM 103852, MT, 71822 2012-29224 Environmental Assessments;

Availability, etc.: Proposed Order of Secretary on Oil, Gas, and Potash Leasing and Development within Designated Potash Area of Eddy and Lea Counties, NM, 71822-71824 2012-29389 Redding Resource Management Plan, CA; Amendment, 71824-71825 2012-29227 Temporary Restrictions of Vehicle Use and Temporary Closures to Tree Cutting and Wood Harvesting: Public Land in Douglas County, NV, 71825 2012-29222 Maritime Maritime Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 71871-71872 2012-29268 National Highway National Highway Traffic Safety Administration RULES Federal Motor Vehicle Safety Standards: Lamps, Reflective Devices, and Associated Equipment, 71717-71720 2012-29284 Vehicle Certification: Contents of Certification Labels, 71714-71717 2012-29132 PROPOSED RULES Federal Motor Vehicle Safety Standards: Lamps, Reflective Devices, and Associated Equipment, 71752-71756 2012-29245 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Atlantic Mackerel, Squid, and Butterfish Fisheries; Framework Adjustment 5, 71720-71722 2012-29140 NOTICES Fisheries of the Exclusive Economic Zone Off Alaska: North Pacific Halibut and Sablefish Individual Fishing Quota Cost Recovery Programs, 71783-71786 2012-29145 Meetings: New England Fishery Management Council, 71786 2012-29242 National Park National Park Service NOTICES Continuation of Visitor Services, 71825-71826 2012-29185 Designations of Potential Wilderness as Wilderness:

Point Reyes National Seashore, 71826-71827 2012-29381 Extension of Concession Contracts, 71827-71828 2012-29186 National Register of Historic Places: Pending Nominations and Related Actions, 71828 2012-29168 National Science National Science Foundation NOTICES Antarctic Conservation Act Permit Applications, 71842 2012-29226 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments; Availability, etc.: Exemption of Material for Proposed Disposal Procedures for Humboldt Bay Power Plant, Unit 3, Eureka, CA, 71842-71844 2012-29221 Meetings;

Sunshine Act, 71844 2012-29373 Natural Resources Office of Natural Resources Revenue PROPOSED RULES Indian Oil Valuation Negotiated Rulemaking Committee Meeting, 71751 2012-29282 Personnel Personnel Management Office RULES Federal Employees' Group Life Insurance Program: Court Orders Prior to July 22, 1998, 71687-71688 2012-29164 Postal Regulatory Postal Regulatory Commission NOTICES Meetings; Sunshine Act, 71844-71845 2012-29286 Postal Service Postal Service NOTICES Meetings;

Sunshine Act, 71845 2012-29432 2012-29433 Securities Securities and Exchange Commission PROPOSED RULES List of Rules to be Reviewed Pursuant to the Regulatory Flexibility Act, 71743-71746 2012-29149 NOTICES Meetings; Sunshine Act, 71845 2012-29319 2012-29392 Orders of Suspension of Trading: Encore Clean Energy, Inc., Energy and Engine Technology Corp., Equity Media Holdings Corp., et al., 71846 2012-29219 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc.;

NASDAQ OMX BX Inc.; Chicago Board Options Exchange, Inc., et al., 71853 2012-29180 Chicago Stock Exchange, Inc., 71852 2012-29240 EDGX Exchange, Inc., 71860-71864 2012-29239 International Securities Exchange, LLC, 71850-71852 2012-29218 National Stock Exchange, Inc., 71860 2012-29241 NYSE MKT LLC, 71846-71848, 71853-71860 2012-29179 2012-29216 Options Clearing Corp., 71848-71850 2012-29217 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 71805-71807 2012-29199 Surface Transportation Surface Transportation Board NOTICES Rail Construction and Operations: Tongue River Railroad Co., Inc., Custer, Powder River and Rosebud Counties, MT, 71872 2012-29230 Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Disciplinary Appeals Board Panel, 71873 2012-29228 Performance Review Board Members, 71873-71874 2012-29231 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 71876-72068 2012-28714 Part III Interior Department, Fish and Wildlife Service, 72070-72140 2012-28250 Part IV Labor Department, 72142-72193 2012-28516 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. 77 233 Tuesday, December 4, 2012 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 870 RIN 3206-AM67 Federal Employees' Group Life Insurance Program: Court Orders Prior to July 22, 1998 AGENCY: U.S. Office of Personnel Management.

ACTION: Interim final rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing an interim regulation to amend regulations regarding the effect of any court decree of divorce, annulment, or legal separation, or any court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation (hereinafter “court order”) where the court order expressly provides that an individual receive Federal Employee's Group Life Insurance (FEGLI) benefits. The interim regulations will allow court orders submitted to the appropriate Federal agency before July 22, 1998 to be effective for providing FEGLI benefits if the court order was received in the appropriate office before the insured Federal employee's or annuitant's death. This revision does not affect the current statutory limitation that court orders apply only when FEGLI benefits are based on insured individuals who died after July 22, 1998. DATES: This rule is effective December 4, 2012. FOR FURTHER INFORMATION CONTACT: Marguerite Martel, Senior Policy Analyst, at

(202)606-0004 or email: *marguerite.martel@opm.gov.* SUPPLEMENTARY INFORMATION: Public Law 105-205, 112 Stat. 683, enacted July 22, 1998, amending section 8705 of title 5, United States Code, required benefits to be paid in accordance with the terms of a court order instead of the otherwise existing statutory order of precedence for payment of benefits under FEGLI. On October 8, 1999, OPM published a final regulation interpreting the law to mean that only those court orders received in the appropriate office after the date the law was enacted would be valid to name a FEGLI beneficiary. The regulation amended § 870.01(d)(2), of title 5, Code of Federal Regulations. Based on *Pascavage* v. *Office of Personnel Management,* 773 F. Supp.2d 452 (D. Del. 2011), OPM is changing this regulation to provide FEGLI benefits based on court orders submitted to the appropriate Federal agency before July 22, 1998, so long as the court order was received in the appropriate office before the insured Federal employee's or annuitant's death. This change is consistent with the settlement agreement in this case, *Pascavage* v. *Office of Personnel Management,* C.A. No.: 09-276-LPS-MPT (D. Del. filed Aug. 6, 2012). 1 This revision does not affect the current statutory limitation that court orders apply only when FEGLI benefits are based on insured individuals who died after July 22, 1998. 1 The settlement agreement has been preliminarily approved by the Court. Under Section 553(b) of the Administrative Procedure Act

(APA)(5 U.S.C. 551, et seq.) a general notice of proposed rulemaking is required unless an agency, for good cause, finds that notice and public comment thereon are impracticable, unnecessary, or contrary to the public interest. In addition, the APA exempts interpretative rules from proposed rulemaking procedures. This rule expands benefit eligibility based on a court-approved settlement agreement which requires the agency to amend current regulations in an expeditious manner. Therefore, OPM has concluded that delaying implementation of this rule due to a full notice and public comment period would be impracticable and contrary to the public interest. Further, OPM has determined that this rule is an interpretive rule implementing a court decision and adds little substantive interpretation of the law. For the foregoing reasons, OPM asserts that good cause exists to implement this rule as an interim rule under the APA, 5 U.S.C. 553(b) and accordingly, adopts this rule on that basis. Regulatory Impact Analysis OPM has examined the impact of this rule as required by Executive Order 12866 (September 1993, Regulatory Planning and Review) and Executive Order 13563, which directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public, health, and safety effects, distributive impacts, and equity). A regulatory impact analysis must be prepared for major rules with economically significant effects of $100 million or more in any one year. This rule is not considered a major rule because OPM estimates there are relatively few court orders received by the appropriate office before July 22, 1998. Paperwork Reduction Act This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will apply only to Federal employees, annuitants and their former spouses. List of Subjects in 5 CFR Part 870 Administrative practice and procedure, Government employees, Hostages, Iraq, Kuwait, Lebanon, Life insurance, Retirement. U.S. Office of Personnel Management. John Berry, Director. Accordingly, OPM is amending 5 CFR part 870 as follows: PART 870—FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM 1. The authority citation for 5 CFR part 870 continues to read as follows: Authority: 5 U.S.C. 8716; Subpart J also issued under section 599C of Pub. L. 101-513, 104 Stat. 2064, as amended; Sec. 870.302(a)(3)(ii) also issued under section 153 of Pub. L. 104-134, 110 Stat. 1321; Sec. 870.302(a)(3) also issued under sections 11202(f), 11232(e), and 11246(b) and

(c)of Pub. L. 105-33, 111 Stat. 251, and section 7(e) of Pub. L. 105-274, 112 Stat. 2419; Sec. 870.302(a)(3) also issued under section 145 of Pub. L. 106-522, 114 Stat. 2472; Secs. 870.302(b)(8), 870.601(a), and 870.602(b) also issued under Pub. L. 110-279, 122 Stat. 2604; Subpart E also issued under 5 U.S.C. 8702(c); Sec. 870.601(d)(3) also issued under 5 U.S.C. 8706(d); Sec. 870.703(e)(1) also issued under section 502 of Pub. L. 110-177, 121 Stat. 2542; Sec. 870.705 also issued under 5 U.S.C. 8714b(c) and 8714c(c); Public Law 104-106, 110 Stat. 521. 2. In § 870.801, paragraph (d)(2) is revised to read as follows: § 870.801 Order of precedence and payment of benefits.

(d)* * *

(2)To qualify a person for such payment, a certified copy of the court order must be received in the appropriate office before the death of the insured. [FR Doc. 2012-29164 Filed 12-3-12; 8:45 am]

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