Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2013-04-19.xml --- 78 76 Friday, April 19, 2013 Contents Agriculture Agriculture Department See Forest Service Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2013-09256 23566-23567 2013-09267 Coast Guard Coast Guard RULES Drawbridge Operation Regulations:

Atlantic Intracoastal Waterway, Albemarle and Chesapeake Canal, Chesapeake, VA, 23488-23489 2013-09286 Columbia River, Vancouver, WA, 23487-23488 2013-09282 Sacramento River, Sacramento, CA, 23489 2013-09287 Safety Zones: Virgin Islands Carnival Finale, St. Thomas Harbor; St. Thomas, VI, 23489-23491 2013-09199 PROPOSED RULES Regulated Navigation Areas, Security Zones: Dignitary Arrival/Departure and United Nations Meetings, New York, NY, 23515-23519 2013-09278 Safety Zones: Atlantic Intracoastal Waterway;

Wrightsville Beach, NC, 23519-23522 2013-09196 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23573-23574 2013-09198 Meetings: Marine Technology and Standards; Workshop, 23574-23575 2013-09197 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See Industry and Security Bureau See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 23537 2013-09168 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 23542-23544 2013-09215 2013-09216 2013-09217 Commodity Futures Commodity Futures Trading Commission RULES Identity Theft Red Flags Rules, 23638-23666 2013-08830 Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Recordkeeping Requirements under the Safety Standard for Infant Walkers, 23544-23545 2013-09226 Third Party Conformity Assessment Body Registration Form, 23545-23546 2013-09225 Virginia Graeme Baker Pool and Spa Safety Act Compliance Form, 23546-23547 2013-09227 Meetings; Sunshine Act, 23547 2013-09434 Defense Department Defense Department See Navy Department NOTICES Meetings: Defense Business Board, 23547-23548 2013-09208 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances;

Applications: Almac Clinical Services, Inc., 23594-23595 2013-09302 Catalent CTS., Inc., 23594 2013-09293 Rhodes Technologies, 23594 2013-09305 Importers of Controlled Substances; Registrations: GE Healthcare, 23595 2013-09290 Nebraska State Penitentiary, 23595 2013-09299 Manufacturers of Controlled Substances; Applications: American Radiolabeled Chemicals, Inc., 23596 2013-09315 Navinta, LLC, 23596-23597 2013-09318 Penick Corp., 23595-23596 2013-09317 Rhodes Technologies, 23596 2013-09283 Manufacturers of Controlled Substances;

Registrations: National Center for Natural Products Research, 23597 2013-09325 Economic Development Economic Development Administration NOTICES Petitions for Eligibility to Apply for Trade Adjustment Assistance, 23537-23538 2013-09211 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: Long-Term Management and Storage of Elemental Mercury, 23548-23550 2013-09291 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Participation in Development of the International Energy Conservation Code, 23550-23551 2013-09236 Environmental Protection Environmental Protection Agency RULES Air Quality Implementation Plans;

Approvals and Promulgations: Illinois; Small Container Exemption from VOC Coating Rules, 23495-23497 2013-08948 Indiana; Particulate Matter Air Quality Standards, 23492-23495 2013-09149 Final Action on Reconsideration Petition on Hazardous Air Pollutant Emissions: National Association of Surface Finishers, 23497 2013-09304 Pesticide Tolerances: Propiconazole, 23497-23503 2013-09271 PROPOSED RULES Air Quality Implementation Plans; Approvals and Promulgations: Indiana; Particulate Matter Air Quality Standards, 23524 2013-09150 Implementation Plans;

Approvals and Promulgations: North Carolina; Deferral of Carbon Dioxide Emissions from Prevention of Significant Deterioration Requirements for Greenhouse Gases, 23524-23527 2013-09314 State Implementation Plans; Revisions: Arizona; Maricopa County Area, 23527-23529 2013-09288 NOTICES Applications for Emergency Exemptions: Fipronil, 23557-23558 2013-09285 Environmental Impact Statements; Availability, etc.:, 23558 2013-09280 Pesticide Products: Registration Applications for New Active Ingredients, 23558-23560 2013-09275 Proposed Consent Decree, Clean Air Act Citizen Suit, 23560-23563 2013-09292 2013-09294 Settlements:

LWD, Inc., Superfund Site, Calvert City, KY, 23563 2013-09306 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Dassault Aviation Airplanes, 23458-23462 2013-09108 Eurocopter France Helicopters, 23462-23465 2013-08459 The Boeing Company Airplanes, 23465-23472 2013-08742 2013-08905 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Aircraft Noise Certification Documents for International Operations, 23628 2013-09240 Automatic Dependent Surveillance - Broadcast Out Performance Requirements to Support Air Traffic Control Service, 23626 2013-09231 Bird/Other Wildlife Strike Report, 23628-23629 2013-09232 Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft, 23627-23628 2013-09239 Fractional Aircraft Ownership Programs, 23627 2013-09234 Report of Inspections Required by Airworthiness Directives, 23626-23627 2013-09233 Environmental Impact Statements;

Availability, etc.: SpaceX Texas Launch Site, 23629-23630 2013-09161 Federal Communications Federal Communications Commission PROPOSED RULES Public Safety Narrowband Operations in the 769-775/799-805 MHz Bands, 23529-23533 2013-09069 NOTICES Broadcast Indecency Complaints Egregious Cases Policy, 23563-23564 2013-09274 Meetings: Emergency Access Advisory Committee, 23564-23565 2013-09268 Radio Broadcasting Services: AM or FM Proposals To Change The Community of License, 23565 2013-09276 Federal Deposit Federal Deposit Insurance Corporation NOTICES Determination of Insufficient Assets to Satisfy Claims Against Financial Institution in Receivership, 23565 2013-09229 Federal Emergency Federal Emergency Management Agency NOTICES Meetings:

National Advisory Council, 23575-23577 2013-09279 Federal Energy Federal Energy Regulatory Commission NOTICES Abandonment Applications: ANR Pipeline Co., 23551-23552 2013-09257 Applications: Dominion Cove Point LNG, LP, 23552-23553 2013-09261 Environmental Assessments; Availability, etc.: Trunkline Gas Co., LLC, Mainline Abandonment Project, 23553-23554 2013-09258 Environmental Impact Statements; Availability, etc.: Sierrita Pipeline Project,. Sierrita Gas Pipeline LLC, Pima County, AZ, 23554-23555 2013-09260 License Amendment Applications:

Duke Energy Carolinas, LLC, 23555-23556 2013-09262 Technical Conferences: Filing via the Internet, 23556-23557 2013-09259 Federal Highway Federal Highway Administration NOTICES Federal Agency Actions on State Highway 99 (Segment C): Texas, 23630-23631 2013-08853 Final Federal Agency Actions on Proposed Highway in California, 23631 2013-09007 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Regulatory Review, 23507-23508 2013-09265 Federal Railroad Federal Railroad Administration NOTICES Buy America Waivers:

Amtrack; voestalpine Nortrak, Inc., 23631-23633 2013-09295 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 23565-23566 2013-09220 Formations of, Acquisitions by, and Mergers of Bank Holding Companies; Correction, 23566 2013-09219 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Finding on a Petition to Delist the Wood Bison, 23533-23536 2013-09241 NOTICES Endangered and Threatened Wildlife and Plants:

Recovery Permit Applications, 23585-23586 2013-09204 Environmental Impact Statements; Availability, etc.: Buckeye Wind Power Project, Champaign County, OH, 23586-23587 2013-09201 Meetings: Sport Fishing and Boating Partnership Council, 23587-23588 2013-09206 Food and Drug Food and Drug Administration PROPOSED RULES Use of Certain Symbols in Labeling, 23508-23515 2013-09175 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Clinical Laboratory Improvement Amendments Waiver Applications, 23568-23569 2013-09180 Electronic Submission of Medical Device Registration and Listing, 23569-23570 2013-09182 Guidance for Industry, FDA Staff, and Foreign Governments;

Fiscal Year 2012 Medical Device User Fee Small Business Qualification and Certification, 23569 2013-09181 Health Care Professional Survey of Prescription Drug Promotion, 23568 2013-09176 Foreign Trade Foreign-Trade Zones Board NOTICES Designation of New Grantee: Foreign Trade Zone 104, Savannah, GA, 23538 2013-09254 Forest Forest Service RULES National Forest System Land Management Planning; Correction, 23491-23492 2013-08839 PROPOSED RULES Idaho Roadless Rule, 23522-23523 2013-08838 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 23570-23571 2013-09221 Meetings: Advisory Council on Blood Stem Cell Transplantation, 23571 2013-09222 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Immigration and Customs Enforcement Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Rental Assistance Demonstration Evaluation, Phase I, 23577-23578 2013-09237 Community Development Block Grant Disaster Recovery Funds Clarifying Guidance, Waivers, and Alternative Requirements for Hurricane Sandy Grantees, 23578-23581 2013-09228 Federal Property Suitable as Facilities to Assist the Homeless, 23581-23585 2013-08887 Industry Industry and Security Bureau RULES Amendments to Existing Validated End-User Authorizations:

CSMC Technologies Corporation in the People's Republic of China, 23472-23474 2013-09289 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service RULES Outbound Property Transfers by Domestic Corporations: Certain Stock Distributions; Correction, 23487 2013-09177 International Trade Com International Trade Commission RULES Rules of General Application and Adjudication and Enforcement, 23474-23487 2013-08931 NOTICES Investigations;

Terminations, Modifications, Rulings, etc.: Certain Electronic Bark Control Collars, 23592-23593 2013-09170 Certain Mobile Electronic Devices Incorporating Haptics, 23593 2013-09179 Certain Prepregs, Laminates, and Finished Circuit Boards, 23591-23592 2013-09183 Certain Video Displays and Products Using and Containing Same, 23591 2013-09184 Justice Department Justice Department See Drug Enforcement Administration NOTICES Consent Decrees under CERCLA, 23593-23594 2013-09203 Labor Department Labor Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Longitudinal Survey of Youth 1997, 23597-23598 2013-09230 Land Land Management Bureau NOTICES Final Supplementary Rules: Morley Nelson Snake River Birds of Prey National Conservation Area, ID, 23588-23591 2013-09272 Merit Merit Systems Protection Board RULES Practices and Procedures, 23457-23458 2013-09223 NASA National Aeronautics and Space Administration NOTICES Meetings: National Space-Based Positioning, Navigation, and Timing Advisory Board, 23598 2013-09224 National Institute National Institutes of Health NOTICES Meetings:

National Institute of Allergy and Infectious Diseases, 23572 2013-09171 2013-09173 2013-09174 National Institute of Diabetes and Digestive and Kidney Diseases, 23571-23572 2013-09172 National Oceanic National Oceanic and Atmospheric Administration NOTICES Applications: Marine Mammals; File No. 17312, 23538-23539 2013-09249 Meetings: General Advisory Committee and Scientific Advisory Subcommittee, U.S. Section, Inter American Tropical Tuna Commission, 23540 2013-09251 National Marine Fisheries Service, Pacific Fishery Management Council, 23539-23540 2013-09188 Permits:

Fisheries in the Western Pacific; American Samoa Pelagic Longline Limited Entry Program, 23540-23541 2013-09247 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23598-23599 2013-09212 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Commerce Spectrum Management Advisory Committee, 23541-23542 2013-09235 Navy Navy Department NOTICES Environmental Impact Statements;

Availability, etc.: Navy F-35C West Coast Homebasing, 23548 2013-09207 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials: Temporary Reduction of Registration Fees, 23503-23506 2013-09213 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Honoring the Victims of the Tragedy in Boston, MA (Proc. 8958), 23667-23669 2013-09477 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2013-09195 23599-23601 2013-09209 Securities Securities and Exchange Commission RULES Identity Theft Red Flags Rules, 23638-23666 2013-08830 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Mercantile Exchange Inc., 23616-23617 2013-09190 EDGX Exchange, Inc., 23617-23620 2013-09192 NASDAQ Stock Market LLC, 23611-23616 2013-09191 New York Stock Exchange LLC, 23620-23622 2013-09189 NYSE Arca, Inc., 23601-23611 2013-09193 Trading Suspension Orders:

NewTech Brake Corp., 23622 2013-09354 Xvariant, Inc., n/k/a China Bionanometer Industries Corp., 23622 2013-09355 Small Business Small Business Administration NOTICES Disaster Declarations: Oklahoma, 23622 2013-09185 Meetings: National Small Business Development Center Advisory Board, 23622-23623 2013-09187 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nonimmigrant Fiance(e) Visa Application, 23623 2013-09252 Culturally Significant Objects Imported for Exhibition Determinations:

American Encounters; Genre Painting and Everyday Life, 23623-23624 2013-09253 Determination and Certification under the Foreign Assistance Act, 23624 2013-09248 Removal of Sanctions Imposed Under the Iran Sanctions Act, 23624-23625 2013-09250 Waivers of Restriction on Assistance: Central Government of Algeria, 23625-23626 2013-09300 Central Government of Egypt, 23625 2013-09270 Central Government of Lebanon, 23625 2013-09281 Central Government of Libya, 23626 2013-09277 Central Government of Saudi Arabia, 23625 2013-09284 Central Government of Yemen, 23625 2013-09303 Surface Transportation Surface Transportation Board NOTICES Trackage Rights Exemptions:

Union Pacific Railroad Co.; Elgin, Joliet and Eastern Railway Co., 23634 2013-09243 Union Pacific Railroad Co.; Illinois Central Railroad Co., 23633-23634 2013-09242 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See United States Mint NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 23634-23635 2013-09169 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Immigration Bond, 23577 2013-09246 U.S. China U.S.-China Economic and Security Review Commission NOTICES Public Hearings, 23635-23636 2013-09238 U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 23635 2013-09210 Veteran Affairs Veterans Affairs Department NOTICES Meetings:

Advisory Committee on Minority Veterans, 23636 2013-09186 Separate Parts In This Issue Part II Commodity Futures Trading Commission, 23638-23666 2013-08830 Securities and Exchange Commission, 23638-23666 2013-08830 Part III Presidential Documents, 23667-23669 2013-09477 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 76 Friday, April 19, 2013 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Parts 1201 and 1208 Practices and Procedures AGENCY:

Merit Systems Protection Board. ACTION: Final rule. SUMMARY: The Merit Systems Protection Board (MSPB or Board) hereby amends its rules of practice and procedure in order to correct several minor errors inadvertently introduced into the Board's regulations during a recent comprehensive revision of the Board's adjudicatory regulations. DATES: Effective April 19, 2013. FOR FURTHER INFORMATION CONTACT: William D. Spencer, Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW., Washington, DC 20419; phone

(202)653-7200; fax

(202)653-7130; or email *mspb@mspb.gov.* SUPPLEMENTARY INFORMATION: On June 7, 2012, the Merit Systems Protection Board (MSPB or Board) proposed amendments to its regulations following a lengthy internal review of all MSPB adjudicatory regulations. 77 FR 33663. On October 12, 2012, the MSPB published a final rule that made numerous amendments to the Board's regulations. 77 FR 62350. The MSPB has determined that it inadvertently included several minor drafting errors in the regulatory language of the final rule. These errors affect four paragraphs in the following regulations: *§ 1201.74(a)* —This final rule amends 5 CFR 1201.74(a) to correct certain references to 1201.73 contained therein. The MSPB's recent amendments to its adjudicatory regulations resulted, in part, in the transfer of provisions previously set forth at 1201.73(e)(1) and (f)(4) to 1201.73(c)(1) and (d)(3). The final rule therefore amends 1201.74(a) to insert corrected citations to 1201.73. *§ 1201.112(a)(4)* —The amendment to this subparagraph was intended to make clear that a judge's authority to vacate an initial decision to accept a settlement agreement into the record extended to a situation where the settlement agreement was filed by the parties prior to the deadline for filing a petition for review but not received by the judge until after the date when the initial decision would become the Board's final decision. However, the language employed in this amendment can be read as limiting a judge's authority to vacate an initial decision in order to accept a settlement into the record to an instance where the settlement agreement was filed by the parties prior to the deadline for filing a petition for review and not received by the MSPB until after the initial decision became final. This was not the Board's intent. This subparagraph has thus been amended to make clear that an administrative judge may vacate an initial decision in order to accept into the record a settlement agreement that is filed prior to the deadline for filing a petition for review, and that the judge has the authority to act even if the settlement agreement is not received until after the date when the initial decision becomes final under § 1201.113 of this part. *§ 1201.114(k)* —The final sentence in this regulatory provision states that “[o]nce the record closes, no additional evidence or argument will be accepted unless the party submitting it shows that the evidence was not readily available before the record closed.” To ensure the greatest possible clarity, the MSPB believes that this sentence should be modified to note the requirement that new evidence and argument must be material as defined in 1201.115(d). The MSPB also has amended the final sentence to make clear that it applies to evidence “or argument” that was not readily available before the record closed. *§ 1208.22(c)* —This regulatory provision is amended to correct a drafting error that inadvertently identified a 60-day deadline for filing a Veterans Employment Opportunities Act of 1998

(VEOA)appeal. The applicable filing deadline is 15 days. 5 U.S.C. 3330a(d)(1)(B). The amendments contained in this final rule are intended to correct minor non-substantive drafting errors that were inadvertently introduced into MSPB's regulations during the Board's recent comprehensive revision of its adjudicatory regulations. The MSPB is foregoing the use of notice and comment rulemaking and is instead publishing these amendments in a final rule. The rulemaking process must involve the notice-and-comment procedures outlined in the Administrative Procedure Act

(APA)unless the proposed rule falls into the category of an interpretative rule, general statement of policy, or rule of agency organization, procedure, or practice. 5 U.S.C. 553(b)(3)(A). Three of the minor changes contained in this final rule address MSPB procedures and practices for the conduct of discovery, the filing of petitions for review, and the authority granted to a judge to reopen an initial decision. The remaining amendment merely corrects a typographical error in a regulation discussing the extraordinary circumstances under which the doctrine of equitable estoppel may apply to an untimely filed VEOA appeal. Accordingly, pursuant to 5 U.S.C. 553(b)(3)(A), MSPB may proceed without following the APA's notice and comment procedures. In addition, an exemption from notice and comment rulemaking requirements exists under 5 U.S.C. 553(b)(3)(B) where an “agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” The “unnecessary” prong of the agency's good cause inquiry is “confined to those situations in which the administrative rule is a routine determination, insignificant in nature and impact, and inconsequential to the industry and to the public.” *Mack Trucks, Inc.* v. * Environmental Protection Agency,* 682 F.3d 87, 94 (DC Cir. 2012) (citation omitted). Here, the amendments contained in the final rule are insignificant and amount to little more than routine technical corrections to a 25-page final rule that became effective on November 13, 2012. Accordingly, MSPB finds that its decision to exempt the regulatory changes set forth herein from notice and comment rulemaking requirements is supported by good cause in that the amendments contained herein are routine determinations, insignificant in nature and impact, and inconsequential to federal employees and the public. Finally, MSPB also elects to make the amendments set forth herein effective immediately upon publication of this final rule. Under 5 U.S.C. 553(d)(3), “the required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except * * * as otherwise provided by the agency for good cause found and published with the rule.” For the reasons identified above, and in light of the importance of promptly removing and correcting any inconsistent, incorrect, and confusing material inadvertently introduced into MSPB's adjudicatory regulations, the Board finds that good cause exists to waive the 30-day publication requirement. List of Subjects in 5 CFR Parts 1201 and 1208 Administrative practice and procedure, Government employees. Accordingly, for the reasons set forth in the preamble, the Board amends 5 CFR parts 1201 and 1208 as follows: PART 1201—PRACTICES AND PROCEDURES 1. The authority citation for 5 CFR part 1201 continues to read as follows: Authority: 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted. 2. In § 1201.74, revise paragraph

(a)to read as follows: § 1201.74 Orders for discovery.

(a)*Motion for an order compelling discovery.* Motions for orders compelling discovery and motions for the appearance of nonparties must be filed with the judge in accordance with § 1201.73(c)(1) and (d)(3). An administrative judge may deny a motion to compel discovery if a party fails to comply with the requirements of 5 CFR 1201.73(c)(1) and (d)(3). 3. In § 1201.112, revise paragraph (a)(4) to read as follows: § 1201.112 Jurisdiction of judge.

(a)* * *

(4)Vacate an initial decision to accept into the record a settlement agreement that is filed prior to the deadline for filing a petition for review, even if the settlement agreement is not received until after the date when the initial decision becomes final under § 1201.113 of this part. 4. In § 1201.114, revise paragraph

(k)to read as follows: § 1201.114 Petition and cross petition for review—content and procedure.

(k)*Closing the record.* The record closes on expiration of the period for filing the reply to the response to the petition for review or on expiration of the period for filing a response to the cross petition for review, whichever is later, or to the brief on intervention, if any, or on any other date the Board sets for this purpose. Once the record closes, no additional evidence or argument will be accepted unless it is new and material as defined in § 1201.115(d) and the party submitting it shows that the evidence or argument was not readily available before the record closed. PART 1208—PRACTICES AND PROCEDURES FOR APPEALS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT AND THE VETERANS EMPLOYMENT OPPORTUNITIES ACT 5. The authority citation for 5 CFR part 1208 continues to read as follows: Authority: 5 U.S.C. 1204(h), 3330a, 3330b; 38 U.S.C. 4331. 6. In § 1208.22, revise paragraph

(c)to read as follows: § 1208.22 Time of filing.

(c)*Equitable tolling; extension of filing deadline.* In extraordinary circumstances, the appellant's 15-day deadline for filing an appeal with the MSPB is subject to the doctrine of equitable tolling, which permits the Board to extend the deadline where the appellant, despite having diligently pursued his or her rights, was unable to make a timely filing. Examples include cases involving deception or in which the appellant filed a defective pleading during the statutory period. William D. Spencer, Clerk of the Board. [FR Doc. 2013-09223 Filed 4-18-13; 8:45 am]

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