Notices. Final regulation

4,587 words·~21 min read·/register/2013/02/22/2013-04095

A 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-2013-02-22.xml --- 78 36 Friday, February 22, 2013 Contents Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agency Health Agency for Healthcare Research and Quality NOTICES Meetings: National Advisory Council for Healthcare Research and Quality, 12319-12320 2013-04057 Agriculture Agriculture Department See Food and Nutrition Service See Forest Service Antitrust Division Antitrust Division NOTICES Notices Pursuant to National Cooperative Research and Production Act of 1993:

Telemangement Forum, 12356-12357 2013-04069 Antitrust See Antitrust Division Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12293-12294 2013-04067 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12320 2013-04048 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program:

Medical Loss Ratio Requirements for Medicare Advantage and Medicare Prescription Drug Benefit Programs, 12428-12458 2013-03921 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12320-12323 2013-04015 2013-04120 2013-04135 Applications: Re-Approval of Commission on Office Laboratory Accreditation as an Accreditation Organization, 12323-12325 2013-03927 Medicare and Medicaid Programs: Center for Improvement in Healthcare Quality; Hospital Accreditation Program Application, 12325-12327 2013-04093 Meetings:

Advisory Panel on Outreach and Education, 12327-12328 2013-03928 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Project LAUNCH Cross-site Evaluation, 12328-12329 2013-03787 Coast Guard Coast Guard RULES Anchorages: Captain of the Port Puget Sound Zone, WA, 12234 C1--2013--03121 PROPOSED RULES Regulated Navigation Area: Weymouth Fore River, Fore River Bridge Construction, Weymouth and Quincy, MA, 12260-12264 2013-04030 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12292 2013-04071 2013-04073 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 12295-12297 2013-04087 2013-04088 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Central Contractor Registration, 12316-12318 2013-04110 Federal Acquisition Regulation;

Economic Price Adjustment, 12318-12319 2013-04111 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Grants under Disability and Rehabilitation Research, 12298 2013-04050 Application for Native American Career and Technical Education Program, 12297-12298 2013-04051 Privacy Act; Systems of Records, 12298-12302 2013-04126 Employment and Training Employment and Training Administration NOTICES Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance:

Brockway Mould, Inc., et al., Brockport, PA, 12357-12358 2013-04019 Cardinal Health, Financial Shared Services West, et al., Albuquerque, NM, 12358 2013-04020 HCL America, Inc., et al., Webster, NY and Wilsonville, OR, 12358-12359 2013-04022 UBS Financial Services, Inc., et al., Weehawken, NJ, 12358 2013-04021 Applications: Goodman Networks, Inc., et al., Including Workers Who Report to Plano, TX; Revised Determination on Reconsideration, 12359 2013-04025 Wipro Ltd, et al., Including Workers Who Report to East Brunswick, NJ;

Revised Determination on Reconsideration, 12359-12360 2013-04024 Determinations Regarding Applications for Reconsideration: PNC Bank, National Association, Retail Bank, Franklin, PA and West Chester, IL, 12360-12361 2013-04023 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 12361-12363 2013-04018 Investigations Regarding Eligibility to Apply for Worker Adjustment Assistance, 12363-12364 2013-04017 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission See Western Area Power Administration PROPOSED RULES Energy Efficiency Program for Commercial and Industrial Equipment:

Packaged Terminal Air Conditioners and Packaged Terminal Heat Pumps; Framework Document Availability and Meeting, 12252-12253 2013-04106 NOTICES Meetings: President's Council of Advisors on Science and Technology, 12302-12303 2013-04108 Energy Efficiency Energy Efficiency and Renewable Energy Office PROPOSED RULES Energy Efficiency Program for Commercial and Industrial Equipment: Meetings; Framework Document for Commercial and Industrial Fans and Blowers, 12251-12252 2013-04058 Environmental Protection Environmental Protection Agency RULES Air Quality Implementation Plans;

Approvals and Promulgations: Charlotte, Raleigh/Durham and Winston Salem Carbon Monoxide Limited Maintenance Plan, 12238-12243 2013-04011 Interim Final Determination to Stay and Defer Sanctions: California; Placer County Air Pollution Control District and Feather River Air Quality Management District, 12243-12244 2013-04001 PROPOSED RULES Air Quality Implementation Plans; Approvals and Promulgations: Charlotte, Raleigh/Durham and Winston-Salem Carbon Monoxide Limited Maintenance Plan, 12267 2013-04012 Air Quality Implementation Plans;

Revisions: California; Placer County Air Pollution Control District and Feather River Air Quality Management District; Stationary Source Permits, 12267-12269 2013-04000 State Implementation Plans: Findings of Substantial Inadequacy; Calls to Amend Provisions Applying to Excess Emissions, etc., 12460-12540 2013-03734 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Procedures for Implementing National Environmental Policy Act and Assessing Environmental Effects Abroad of EPA Actions, 12308-12309 2013-04149 Environmental Impact Statements;

Availability, 12309-12310 2013-04147 Inventory of U.S. Greenhouse Gas Emissions and Sinks, 1990-2011, 12310 2013-04142 Meetings: Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel, 12311-12313 2013-03977 Requests to Voluntarily Cancel Certain Pesticide Registrations, 12313-12315 2013-04031 Executive Office of the President See Presidential Documents See Science and Technology Policy Office See Trade Representative, Office of United States Export Import Export-Import Bank NOTICES Applications:

Final Commitment for Long-Term Loan or Financial Guarantee in Excess of 100 Million Dollars, 12315-12316 2013-04026 Economic Impact Policy, 12316 2013-04078 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: The Boeing Company Airplanes, 12231-12233 2013-04004 Charitable Medical Flights, 12233-12234 2013-04052 PROPOSED RULES Airworthiness Directives: Embraer S.A. Airplanes, 12256-12259 2013-04045 Rolls-Royce

(1971)Limited, Bristol Engine Division Turbojet Engines, 12255-12256 2013-04103 Interest in Restructure of Rotorcraft Airworthiness Standards, 12254-12255 2013-03709 Unmanned Aircraft System Test Site Program, 12259-12260 2013-03897 NOTICES Meetings: Government/Industry Aeronautical Charting Forum, 12415 2013-04123 Federal Communications Federal Communications Commission PROPOSED RULES TelcoMaster Table for Connect America Cost Model: Wireline Competition Bureau Seeks Updates and Corrections, 12269-12271 2013-03936 Wireline Competition Bureau Seeks Additional Comment In Connect America Cost Model Virtual Workshop, 12271-12273 2013-03890 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Gulf Crossing Pipeline Co. LLC, 12303-12304 2013-04081 LockPlus Hydro Friends Fund XLII, LLC, 12304-12305 2013-04080 Combined Filings, 12305-12307 2013-04074 2013-04075 2013-04076 2013-04077 Filings: Taylor, G. Tom, 12307 2013-04082 Records Governing Off-the-Record Communications, 12307-12308 2013-04079 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 12316 2013-04085 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants: Recovery Permit Application, 12345-12346 2013-04094 Jennings Low-Effect Habitat Conservation Plans: Morro Shoulderband Snail, Community of Los Osos, San Luis Obispo County, CA, 12346-12347 2013-04046 Food and Drug Food and Drug Administration NOTICES Draft Guidance for Industry and Staff: Distinguishing Medical Device Recalls From Product Enhancements; Reporting Requirements, 12329-12330 2013-04060 Regulatory Review Periods for Patent Extensions: SAPIEN TRANSCATHETER HEART VALVE, 12330-12331 2013-04016 Requests for Nominations: Voting and/or Nonvoting Consumer Representatives on Public Advisory Committees or Panels, etc., 12331-12334 2013-04059 Food and Nutrition Food and Nutrition Service RULES National School Lunch Programs: Healthy, Hunger-Free Kids Act; Certification Continuous Improvement Plan Requirements, 12221-12231 2013-04118 PROPOSED RULES Supplemental Nutrition Assistance Program: Suspension of SNAP Benefit Payments to Retailers, 12245-12251 2013-04037 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Property: Thirty-seven Vessels Identified as Property Owned or Controlled by Government of Iran, 12420-12422 2013-03834 Forest Forest Service NOTICES Annual List of Newspapers Used for Publication of Legal Notice of Decisions: Rocky Mountain Region; Colorado, Wyoming, South Dakota, Nebraska, Kansas, 12290-12292 2013-04086 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Central Contractor Registration, 12316-12318 2013-04110 Federal Acquisition Regulation; Economic Price Adjustment, 12318-12319 2013-04111 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 Children and Families Administration See Food and Drug Administration See National Institutes of Health Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Historic Historic Preservation, Advisory Council NOTICES Program Comments for Extending Durations of Programmatic Agreements: Weatherization Assistance Program, State Energy Program, and Energy Efficiency and Conservation Block Grant, 12336-12337 2013-04138 Homeland Homeland Security Department See Coast Guard NOTICES Published Privacy Impact Assessments on Web, 12337-12343 2013-04109 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application and Re-certification Packages for Approval of Nonprofit Organization in FHA Activities, 12344 2013-04054 Funds Authorization, 12343-12344 2013-04056 Federal Properties Suitable as Facilities to Assist the Homeless, 12344 2013-03866 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Defense Priorities and Allocations System, 12294 2013-04072 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service NOTICES Meetings: Wekiva River System Advisory Management Committee, 12344-12345 2013-04121 International Trade Com International Trade Commission NOTICES Investigations and Determinations: Certain Wireless Consumer Electronics Devices and Components Thereof, 12354 2013-04068 Investigations: Certain Microprocessors, Components Thereof, and Products Containing Same, 12354-12355 2013-04070 Justice Department Justice Department See Antitrust Division NOTICES Solicitation of Applications for Membership: National Commission on Forensic Science, 12355-12356 2013-04140 Labor Department Labor Department See Employment and Training Administration See Workers Compensation Programs Office NOTICES Fiscal Year 2012 Service Contract Inventory; Availability, 12357 2013-04125 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Proposed Resource Management Plan, Lander Field Office Planning Area, WY, 12347-12348 2013-03991 Filings of Plats of Surveys: Colorado, 12348-12349 2013-04104 2013-04105 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 12365 2013-04214 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Central Contractor Registration, 12316-12318 2013-04110 Federal Acquisition Regulation; Economic Price Adjustment, 12318-12319 2013-04111 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Interagency Traumatic Brain Injury Research Informatics System Data Access Request, 12334-12335 2013-04130 Methodological Studies for Population Assessment of Tobacco and Health Study, 12335-12336 2013-04128 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Groundfish of the Gulf of Alaska: Fishery Management Plan, Amendment 94, 12287-12289 2013-04157 Highly Migratory Species: 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan; Amendment 8, 12273-12287 2013-03990 NOTICES Meetings: Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 12295 2013-04091 Gulf of Mexico Fishery Management Council, 12294-12295 2013-04090 Takes of Marine Mammals Incidental to Specified Activities: Exploration Drilling Program in Chukchi Sea, AK, 12542-12584 2013-03681 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Land and Water Conservation Fund State Assistance Program, 12349-12352 2013-04119 Environmental Impact Statements; Availability, etc.: Wilderness Stewardship Plan, Olympic National Park, Clallam, Grays Harbor, Jefferson and Mason County, WA, 12352-12353 2013-04129 Winter Use Plan, Yellowstone National Park, 12353-12354 2013-04124 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications: Tennessee Valley Authority, Sequoyah Nuclear Plant, Units 1 and 2; Renewal for Additional 20-Year Period, 12365 2013-04113 License Amendment Requests: United Nuclear Corp., Church Rock Mill, License No. SUA-1475, 12365-12368 2013-04112 Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office RULES Excepted Service: Appointment of Persons With Intellectual Disabilities, Severe Physical Disabilities, and Psychiatric Disabilities, 12219-12221 2013-04095 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Applications for Modifications of Special Permits, 12415-12416 2013-03785 Applications for Special Permits, 12416-12417 2013-03784 List of Special Permit Applications Delayed More than 180 Days, 12417-12418 2013-03783 Special Permit Applications: Office of Hazardous Materials Safety, 12418-12419 2013-03786 Postal Regulatory Postal Regulatory Commission NOTICES Negotiated Service Agreements: Priority Mail Contract, 12368 2013-04042 Postal Service Postal Service RULES Promotions and Incentive Programs for First-Class Mail and Standard Mail, 12234-12238 2013-03926 NOTICES Privacy Act; Systems of Records, 12368-12369 2013-04053 Product Changes: Parcel Return Service Negotiated Service Agreement, 12369 2013-04055 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Chad and France; Drawdown of Emergency Fund To Support Their Efforts in Mali (Presidential Determination) No. 2013-06 of February 11, 2013, 12589 2013-04327 Palestinian Authority; Waiver of Restrictions on Funding (Presidential Determination) No. 2013-05 of February 8, 2013, 12585-12587 2013-04317 Railroad Retirement Railroad Retirement Board NOTICES Meetings; Sunshine Act, 12369 2013-04184 Science Technology Science and Technology Policy Office NOTICES Policy for Institutional Oversight of Life Sciences Dual Use Research of Concern, 12369-12372 2013-04127 Securities Securities and Exchange Commission NOTICES Applications and Temporary Orders: UBS AG, et al., 12372-12374 2013-04013 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 12374-12381, 12402-12405 2013-04014 2013-04100 2013-04133 Financial Industry Regulatory Authority, Inc., 12405-12407 2013-04101 ICE Clear Credit LLC, 12407-12411 2013-04097 2013-04098 NASDAQ Stock Market LLC, 12397-12402 2013-04096 New York Stock Exchange LLC, 12381-12397 2013-04092 State Department State Department NOTICES Charter Renewals: Shipping Coordinating Committee, 12411 2013-04144 Surface Transportation Surface Transportation Board NOTICES Discontinuance Exemptions: Blacklands Railroad, Inc., Rusk County, TX, 12419-12420 2013-04132 Susquehanna Susquehanna River Basin Commission NOTICES Meetings: Susquehanna River Basin Commission, 12412 2013-04102 Trade Representative Trade Representative, Office of United States NOTICES Generalized System of Preferences: Status of Certain Pending Country Practice Petitions; Schedule for Public Comments and Hearing on Certain Country Practice Reviews, 12412-12413 2013-04039 Meetings: Industry Trade Advisory Committee on Small and Minority Business, 12413-12414 2013-04155 WTO Dispute Settlement Proceedings: Measures Affecting Importation of Animals, Meat and other Animal Products from Argentina, 12414-12415 2013-04153 Transportation Department Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12420 2013-04122 Veteran Affairs Veterans Affairs Department PROPOSED RULES Criteria for a Catastrophically Disabled Determination for Purposes of Enrollment, 12264-12266 2013-04134 NOTICES 2011 Service Contract Inventory Analysis Report and 2012 Service Contract Inventory; Availability, 12422 2013-04117 Meetings: Health Services Research and Development Service Scientific Merit Review Board, 12422-12423 2013-04049 Privacy Act; Systems of Records, 12423-12425 2013-04114 Western Western Area Power Administration NOTICES Non-Firm Power Formula Rates: Washoe Project; Extension, 12308 2013-04115 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12364-12365 2013-04002 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 12428-12458 2013-03921 Part III Environmental Protection Agency, 12460-12540 2013-03734 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 12542-12584 2013-03681 Part V Presidential Documents, 12585-12587, 12589 2013-04327 2013-04317 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. 78 36 Friday, February 22, 2013 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 213 RIN 3206-AM07 Excepted Service—Appointment of Persons With Intellectual Disabilities, Severe Physical Disabilities, and Psychiatric Disabilities AGENCY: U.S. Office of Personnel Management. ACTION: Final regulation. SUMMARY: The U.S. Office of Personnel Management

(OPM)is issuing a final regulation pertaining to the appointment of persons with intellectual disabilities, severe physical disabilities, and psychiatric disabilities. The regulation removes an unnecessary burden for these individuals when applying for Federal jobs and modernizes the terminology used to describe people with disabilities. DATES: This final rule is effective March 25, 2013. FOR FURTHER INFORMATION CONTACT: Phillip Spottswood by telephone on

(202)606-1389, by FAX on

(202)606-4430, by TDD on

(202)418-3134, or by email at *phil.spottswood@opm.gov.* SUPPLEMENTARY INFORMATION: On February 7, 2012, OPM issued a proposed regulation at 77 FR 6022 to implement changes to the regulations in 5 CFR 213.3102(u) governing the appointment of people with mental retardation, severe physical disabilities, and psychiatric disabilities. As noted in the proposed rule, § 213.3102(u)(3)(i) currently requires all applicants seeking either a permanent or time-limited appointment to supply a “certification of job readiness.” This certification has been used as the basis for determining that an applicant can be reasonably expected to perform in a particular work environment. Persons with disabilities today, however, often have work, educational, and/or other relevant experience that an agency may rely upon to determine whether they are likely to succeed in a particular work environment. Consequently we believe that a requirement that applicants provide a separate “certification of job readiness” is not necessary. Elimination of the requirement that applicants supply a certification of job readiness will speed the hiring process for agencies by removing an unnecessary burden on applicants with disabilities. This is consistent with the policy outlined in the President's Memorandum of May 11, 2010 regarding the elimination of unnecessary complexities and inefficiencies in the Federal hiring process. Consequently, the proposed regulation eliminated the requirement that an applicant supply a “certification of job readiness” when seeking employment under this authority. The proposal also sought to modernize terminology used in the regulation herein by replacing the phrase “mental retardation” with “intellectual disability.” OPM received 12 sets of comments in response to the proposed changes to the regulation in 5 CFR 213.3102(u). Comments on the proposed changes were received from private citizens, two Federal agencies, a university law center, a professional organization, and a disability advocacy group. One individual suggested OPM retain the “certification of job readiness” requirement as it currently exits. This commenter was concerned that agencies may be reluctant to hire an individual with a disability, even on a temporary basis, if the applicant had little or no work experience, or no work experience since becoming disabled. The commenter believes the “certification of job readiness” provides an objective basis for agencies to make hiring decisions, compared to the subjective and discretionary nature of the temporary employment option set out in section 213.3102(u)(5). Although we appreciate the concerns raised by this commenter, OPM is not adopting the suggestion to retain the “certification of job readiness” requirement. We believe the advantages of eliminating the “certification of job readiness” outweigh the potential disadvantages. These advantages, which will be realized by both people with disabilities and Federal agencies, include a speedier hiring process and the removal of a paperwork burden on job applicants. Three commenters supported the proposed changes as being improvements to the employment of people with disabilities. One commenter noted that the certification had been “a source of delay and red tape” in the past and that this change was long overdue. One disability advocacy group stated that removing the certification of job readiness would both normalize and improve the timeliness of the hiring process. A professional organization agreed with both of the proposed changes. It noted that there had been confusion regarding the meaning of “job readiness.” The remaining comments from the professional organization are addressed below. An individual agreed with the elimination of the “certification of job readiness” requirement and the change in terminology to “intellectual disabilities.” The commenter also suggested, however, that OPM establish in the final rule a time period during which agencies must determine whether an individual serving on temporary appointment under § 213.3102(u)(5) can perform the duties of the position. This commenter expressed concern that individuals on temporary appointments would remain on these appointments for overly long durations in the absence of a determination period. OPM is not adopting this suggestion because it is unnecessary. A temporary appointment in the excepted service is, by definition, limited to 1 year or less and may be extended for no more than 1 additional year (5 CFR 213.104). Therefore, we do not foresee instances of overly long temporary appointments. In addition, because each case may be unique, agencies may need varying amounts of time to determine the job readiness of individuals serving on temporary appointments. The same individual suggested OPM provide guidance to help agencies determine the appropriateness of making a temporary appointment versus a permanent appointment. Because the circumstances pertaining to each applicant will be unique, OPM cannot provide guidance to assist agencies with every potential circumstance. Therefore, OPM is not adopting this suggestion. Agencies may make temporary appointments when the agency cannot otherwise determine (based on available information) whether the applicant is likely to succeed in a particular work environment, or in instances when the work to be performed is truly of a temporary nature (e.g., short-term project work). This individual also suggested that OPM provide a mechanism to ensure people with disabilities are given a full opportunity to display their abilities through education or experience as measured against specific criteria. We agree with the suggestion but note it is already in place. People with disabilities appointed under this authority are already subject to agency-developed qualification standards, against which their performance is measured (in the same fashion as any Federal employee). One Federal agency suggested we change the phrase “intellectual disability” to “severe intellectual disability” on the basis that “intellectual disability” includes minor intellectual impairments which do not constitute “mental retardation.” OPM is not adopting this suggestion. OPM is constrained in implementing the Executive Orders underlying this regulation by the scope of those Orders themselves. OPM's change was prompted by Congress's enactment, on October 6, 2010, of “Rosa's Law,” which changed references from “mental retardation” to “intellectual disability,” and a desire to use similar, less stigmatizing terminology here without changing the underlying scope of coverage of the regulation. The same Federal agency recommended that OPM retain the “certification of job readiness” but establish its use as optional under these provisions. OPM is not adopting this suggestion. As noted above, we believe elimination of the “certification of job readiness” benefits both applicants and agencies by better facilitating the entry of people with disabilities into Federal service. Lastly, several responses contained comments and/or suggestions (in whole or in part) that were beyond the scope of the proposed changes. As a result, OPM is not addressing these comments, beyond acknowledging their receipt: • An agency suggested we reword the last sentence in § 213.3102(u)(5)(i) by inserting the word “successfully” before the word “perform” in the phrase, “* * * whenever the agency determines the individual is able to perform the duties of the position.” • A university law center questioned the overall effectiveness of the proposed changes to schedule A hiring rules for people with disabilities. • One individual claimed his employer discriminated against him and separated him due to his disability. • One commenter expressed difficulty in applying for and obtaining a Federal job. • An individual commented that the proposed changes will not contribute to successful implementation of Executive Order 13548 titled, “Increasing Federal Employment of Individuals with Disabilities,” because these provisions are discretionary and many agencies choose to fill their positions via merit (or internal) promotion procedures. The commenter proposed the following changes: ○ OPM should change the word “may” to “shall” in § 213.3102(u)(2)(ii), to require agencies to accept the documentation described in that paragraph as proof of disability; change “may” to “shall” in § 213.3102(u)(4) regarding authority for permanent or time-limited appointments; and change “may” to “shall” in § 213.3102(u)(6)(ii), regarding crediting time spent under a temporary appointment towards eligibility for noncompetitive conversion to the competitive service; and ○ OPM should require agencies to use these provisions for no less than 2 percent of all hires. • The same individual submitted a second comment in which it proposed reopening the rule in order to model it after the “Pathways Programs” established under 5 CFR part 362. • An agency suggested that OPM revise the criteria pertaining to “proof of disability” in § 213.3102(u)(3)(ii). The agency also suggested OPM require Federal agencies to accept and process applications made under this hiring authority, rather than allow agencies to redirect applicants (in some instances) to the USAJOBS Web site. • The professional organization also requested clarification as to documentation for “proof of disability” and the authorized signatories for the Schedule A certification letter. OPM is adopting the proposed rule as final, with only a few very minor editorial corrections. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because it affects only certain potential applicants for Federal jobs. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Personnel Management and Budget in accordance with Executive order 12866. List of Subjects in 5 CFR Part 213 Government employees, Individuals with disabilities. U.S. Office of Personnel Management. John Berry, Director. Accordingly, OPM is amending 5 CFR part 213 as follows: PART 213—EXCEPTED SERVICE 1. The authority citation for part 213 is revised to read as follows: Authority: 5 U.S.C. 3161, 3301 and 3302; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; Sec. 213.101 also issued under 5 U.S.C. 2103. Sec. 213.3102 also issued under 5 U.S.C. 3301, 3302, 3307, 8337(h), and 8456; E.O. 13318, 3 CFR 1982 Comp., p. 185; 38 U.S.C. 4301 *et seq.;* Pub. L. 105-339, 112 Stat 3182-83; E.O. 13162; E.O. 12125, 3 CFR 1979 Comp., p. 16879; and E.O. 13124, 3 CFR 1999 Comp., p. 31103; and Presidential Memorandum—Improving the Federal Recruitment and Hiring Process (May 11, 2010). 2. In 213.3102 revise paragraph

(u)to read as follows: § 213.3102 Entire executive civil service.

(u)*Appointment of persons with intellectual disabilities, severe physical disabilities, or psychiatric disabilities—*

(1)*Purpose.* An agency may appoint, on a permanent, time-limited, or temporary basis, a person with an intellectual disability, a severe physical disability, or a psychiatric disability according to the provisions described below.

(2)*Definition.* “Intellectual disabilities” means only those disabilities that would have been encompassed by the term “mental retardation” in previous iterations of this regulation and the associated Executive order, Executive Order 12125, dated March 15, 1979.

(3)*Proof of disability.*

(i)An agency must require proof of an applicant's intellectual disability, severe physical disability, or psychiatric disability prior to making an appointment under this section.

(ii)An agency may accept, as proof of disability, appropriate documentation (e.g., records, statements, or other appropriate information) issued by a licensed medical professional (e.g., a physician or other medical professional duly certified by a State, the District of Columbia, or a U.S. territory, to practice medicine); a licensed vocational rehabilitation specialist (State or private); or any Federal agency, State agency, or an agency of the District of Columbia or a U.S. territory that issues or provides disability benefits.

(4)*Permanent or time-limited employment options.* An agency may make permanent or time-limited appointments under this paragraph (u)(4) where an applicant supplies proof of disability as described in paragraph (u)(3) of this section and the agency determines that the individual is likely to succeed in the performance of the duties of the position for which he or she is applying. In determining whether the individual is likely to succeed in performing the duties of the position, the agency may rely upon the applicant's employment, educational, or other relevant experience, including but not limited to service under another type of appointment in the competitive or excepted services.

(5)*Temporary employment options.* An agency may make a temporary appointment when:

(i)The agency determines that it is necessary to observe the applicant on the job to determine whether the applicant is able or ready to perform the duties of the position. When an agency uses this option to determine an individual's job readiness, the hiring agency may convert the individual to a permanent appointment in the excepted service whenever the agency determines the individual is able to perform the duties of the position; or

(ii)The work is of a temporary nature.

(6)*Noncompetitive conversion to the competitive service.*

(i)An agency may noncompetitively convert to the competitive service an employee who has completed 2 years of satisfactory service under this authority in accordance with the provisions of Executive Order 12125, as amended by Executive Order 13124, and § 315.709 of this chapter, except as provided in paragraph (u)(6)(ii) of this section.

(ii)Time spent on a temporary appointment specified in paragraph (u)(5)(ii) of this section does not count towards the 2-year requirement. [FR Doc. 2013-04095 Filed 2-21-13; 8:45 am]

Connectionstraces to 8

Traces to 8 documents