Unknown. Final rule
3,184 words·~14 min read·
/register/2013/11/07/2013-26741·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-2013-11-07.xml --- 78 216 Thursday, November 7, 2013 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Scientific Information Requests: Core Needle and Open Surgical Biopsy for Diagnosis of Breast Lesions, 66932-66934 2013-26617 Agency Agency for International Development RULES Israel Loan Guarantees Issued under the Emergency Wartime Supplemental Appropriations Act of 2003: Standard Terms and Conditions, 66841-66844 2013-26676 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Importation of Clementines, Mandarins, and Tangerines from Chile, 66890 2013-26700 Determination of Nonregulated Status: BASF Plant Science LP, Soybean Genetically Engineered for Herbicide Resistance, 66892-66893 2013-26701 Monsanto Co. Soybean Genetically Engineered for Increased Yield, 66891-66892 2013-26703 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66934-66936 2013-26671 2013-26693 Final Guidance Publications, 66936 2013-26678 Meetings:
Advisory Committee to the Director, State, Tribal, Local and Territorial Subcommittee, 66938-66939 2013-26632 Advisory Council for the Elimination of Tuberculosis, 66936-66937 2013-26633 Board of Scientific Counselors, Office of Public Health Preparedness and Response, 66938 2013-26634 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 2013-26635 66937-66938 2013-26636 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel; Cancellation, 66937-66938 2013-26650 2013-26651 Centers Medicare Centers for Medicare & Medicaid Services RULES State Fiscal Administration;
CFR Correction, 66852 2013-26781 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66939 2013-26672 Civil Rights Civil Rights Commission NOTICES Meetings; Sunshine Act, 66893-66894 2013-26777 Coast Guard Coast Guard RULES Special Local Regulations: Southern California Annual Marine Events for the San Diego Captain of the Port Zone, 66844-66845 2013-26393 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission RULES Revocation of Certain Requirements Pertaining to Caps Intended for Use with Toy Guns and Toy Guns Not Intended for Use with Caps, 66840-66841 2013-26618 Defense Department Defense Department See Navy Department NOTICES Meetings:
National Commission on the Structure of the Air Force, 66903-66904 2013-26686 Task Force on Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces, 66902-66903 2013-26720 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance Eligibility; Petitions, 66894 2013-26685 Education Department Education Department PROPOSED RULES Negotiated Rulemaking Committee: Federal Student Aid Programs; Gainful Employment in a Recognized Occupation, 66865 2013-26492 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Evaluating the Retired Mentors for Teachers Program, 66905-66906 2013-26694 Federal Direct Stafford/Ford Loan and Federal Direct Subsidized/Unsubsidized Stafford/Ford Loan Master Promissory Note, 66906 2013-26710 William D. Ford Federal Direct Loan Program Federal Direct PLUS Loan Master Promissory Note and Endorser Addendum, 66905 2013-26704 Privacy Act; Systems of Records, 66906-66909 2013-26748 Employee Benefits Employee Benefits Security Administration NOTICES Exemptions from Certain Prohibited Transaction Restrictions, 66955-66962 2013-26630 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Acquisition Regulation:
Patents, Data, and Copyrights, 66865-66885 2013-24607 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66909 2013-26702 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Ohio; Redesignation of the Columbus Area to Attainment of the 1997 Annual standard for Fine Particulate Matter, 66845-66848 2013-25385 Community Right-to-Know Toxic Chemical Release Reporting:
Addition of ortho-Nitrotoluene, 66848-66851 2013-26475 NOTICES Alaskan Seafood Processing Effluent Limitations Guidelines, 66916-66929 2013-26483 Meetings: Local Government Advisory Committee and Small Communities Advisory Subcommittee, 66929 2013-26490 Export Import Export-Import Bank NOTICES Economic Impact Analysis; Withdrawal, 66929 2013-26684 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 66861-66864 2013-26682 The Boeing Company Airplanes, 66859-66861 2013-26708 Rest Requirements, 66865 2013-26485 NOTICES Petitions for Exemption;
Summaries, 66986 2013-26715 Surplus Property Releases: Barnwell County Airport, Barnwell, SC, 66986-66987 2013-26723 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66929-66930 2013-26679 Federal Emergency Federal Emergency Management Agency RULES Housing Assistance Due to Structural Damage, 66852-66857 2013-26739 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:
Sabine Pass Liquefaction, LLC; Sabine Pass LNG, L.P., 66909-66910 2013-26655 Competing Preliminary Permit Applications: American Municipal Power, Inc. and FFP Project 3, LLC, 66910-66911 2013-26653 Environmental Assessments; Availability, etc.: City of New York, 66911 2013-26658 Texas Eastern Transmission, LP, 66911-66913 2013-26659 License Amendment Applications: Eagle Creek RE, LLC, 66913-66914 2013-26657 Preliminary Permit Applications: Hydro Green Energy, LLC, 66914-66915 2013-26660 Requests under Blanket Authorizations:
Southern Star Central Gas Pipeline, Inc., 66915 2013-26654 Technical Conference: PJM Interconnection, L.L.C., 66915-66916 2013-26656 Federal Railroad Federal Railroad Administration NOTICES Funding Availability: Railroad Safety Technology Program Grant Program, 66987-66988 2013-26652 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 66930-66931 2013-26689 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 66931-66932 2013-26697 Fish Fish and Wildlife Service PROPOSED RULES Subsistence Management Program for Public Lands in Alaska; Rural Determination Process, 66885-66887 2013-26680 Food and Drug Food and Drug Administration RULES Turtles Intrastate and Interstate Requirements, 66841 2013-26734 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Guidance for Industry on Expedited Programs for Serious Conditions--Drugs and Biologics, 66939-66940 2013-26695 Draft Guidance for Industry and Staff;
Availability: Regulatory Requirements for Hearing Aid Devices and Personal Sound Amplification Products, 66940-66941 2013-26691 Guidance for Industry, Clinical Investigators, Institutional Review Boards and Staff; Availability: Design Considerations for Pivotal Clinical Investigations for Medical Devices, 66941-66942 2013-26690 Meetings: Orthopaedic and Rehabilitation Devices Panel of the Medical Devices Advisory Committee, 66942-66944 2013-26722 Food Safety Food Safety and Inspection Service RULES Prior Label Approval System:
Generic Label Approval, 66826-66840 2013-26639 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 66989-66992 2013-26608 2013-26614 Forest Forest Service PROPOSED RULES Subsistence Management Program for Public Lands in Alaska; Rural Determination Process, 66885-66887 2013-26680 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 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, 66944-66945 2013-26692 Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: CyberForensics Electronic Technology Clearinghouse Program, 66949 2013-26732 Meetings: Homeland Security Science and Technology Advisory Committee, 66949-66950 2013-26605 Interior Interior Department See Fish and Wildlife Service International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Investigations;
Results, Extensions, Amendments, etc.: 1,1,1,2-Tetrafluoroethane from the People's Republic of China, 66894-66895 2013-26730 Antidumping and Countervailing Duty Orders; Results, Extensions, Amendments, etc.: Aluminum Extrusions from the People's Republic of China, 66895-66898 2013-26744 Antidumping Duty Orders; Results, Extensions, Amendments, etc.: Low Enriched Uranium from France, 66898-66899 2013-26742 NAFTA Panel Reviews, 66899 2013-26631 International Trade Com International Trade Commission NOTICES Hearings:
Trade Barriers U.S. Small and Medium-Sized Enterprises Perceive as Affecting European Union Exports, 66950-66951 2013-26619 Investigations; Terminations, Modifications and Rulings, etc.: Certain Products Containing Interactive Program Guide and Parental Control Technology, 66951-66952 2013-26661 Certain Point-to-Point Network Communication Devices And Products Containing The Same, 66952-66953 2013-26698 Justice Department Justice Department See Justice Programs Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Annual Progress Report for the STOP Formula Grants Program, 66953-66954 2013-26745 COPS Grant Status Implementation Facsimile, 66953 2013-26688 Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Crime Victimization Survey; Self-Report Data on Rape and Sexual Assault, 66954-66955 2013-26687 Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration NASA National Aeronautics and Space Administration NOTICES Charter Renewals:
International Space Station Advisory Committee, 66964 2013-26712 International Space Station National Laboratory Advisory Committee, 66964 2013-26714 NASA Advisory Council, 66964-66965 2013-26713 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Gulf Long-Term Follow-Up Study, 66945-66946 2013-26647 Meetings: Center for Scientific Review, 66946-66948 2013-26623 2013-26624 2013-26625 2013-26626 National Cancer Institute, 66946-66947 2013-26627 2013-26628 National Heart, Lung, and Blood Institute, 66946 2013-26621 National Institute of General Medical Sciences, 66947 2013-26620 National Institute on Deafness and Other Communication Disorders, 66946 2013-26629 National Institute on Drug Abuse, 66948 2013-26622 Requests for Information:
Office of Disease Prevention Draft Strategic Plan for Fiscal Years 2014-2018, 66948-66949 2013-26649 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Summer Flounder Fishery; Quota Transfer, 66857 2013-26769 PROPOSED RULES Fisheries of the Northeastern United States: Atlantic Surfclam and Ocean Quahog Fishery; Proposed 2014-2016 Fishing Quotas, 66887-66889 2013-26773 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 66899-66900 2013-26666 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Amendment 28 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico, 66900-66901 2013-26768 Permits: Endangered Species; File No. 16482-01, 66901-66902 2013-26727 Navy Navy Department NOTICES Records of Decisions: Naval Air Station Key West Airfield Operations, FL, 66904-66905 2013-26705 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Waste Confidence;
Continued Storage of Spent Nuclear Fuel, 66858-66859 2013-26726 NOTICES Confirmatory Orders: Exelon Generation Company, LLC, Dresden Nuclear Power Station, 66965-66967 2013-26757 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Advanced Boiling Water Reactor, 66968 2013-26728 Advisory Committee on Reactor Safeguards Subcommittee on Radiation Protection and Nuclear Materials, 66967-66968 2013-26731 Orders Prohibiting Involvement in NRC-Licensed Activities: Landon E.
Brittain, 66968-66970 2013-26767 Michael J. Buhrman, 66970-66972 2013-26759 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: Advisory Committee on Construction Safety and Health, 66962-66964 2013-26646 Personnel Personnel Management Office RULES Political Activities: Federal Employees Residing in Designated Localities, 66825-66826 2013-26741 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Designation of Beneficiary;
Civil Service Retirement System, 66972-66973 2013-26616 Representative Payee Survey, 66973 2013-26615 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange LLC, 66980 2013-26662 NYSE Arca, Inc., 66973-66980 2013-26663 NYSE MKT LLC, 66980-66982 2013-26664 Small Business Small Business Administration NOTICES Disaster Declarations: Massachusetts, 66983 2013-26738 New Mexico, 66982-66983 2013-26716 North Carolina, 66983 2013-26709 Santa Clara Pueblo, 66982 2013-26707 Meetings:
National Small Business Development Center Advisory Board, 66983-66984 2013-26740 State Department State Department NOTICES Meetings: International Security Advisory Board, 66984 2013-26724 U.S. National Commission for UNESCO, 66984 2013-26725 Statutory Debarment under the Arms Export Control Act and the International Traffic in Arms Regulations, 66984-66986 2013-26774 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Minnesota Northern Railroad, Inc., Polk County, MN, 66988-66989 2013-26706 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office Veteran Affairs Veterans Affairs Department NOTICES Meetings:
Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, 66992-66993 2013-26637 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. 78 216 Thursday, November 7, 2013 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 733 RIN 3206-AM80 Political Activity—Federal Employees Residing in Designated Localities AGENCY:
Office of Personnel Management. ACTION: Final rule. SUMMARY: OPM is amending its regulations to grant Federal employees residing in the District of Columbia a partial exemption from the political activity restrictions, and to add the District of Columbia to its regulatory list of designated localities in OPM regulations. This regulatory amendment reflects OPM's determination that the District of Columbia meets the criteria in the Hatch Act, as amended by the Hatch Act Modernization Act of 2012, for a partial exemption to issue.
DATES: This rule is effective December 9, 2013. FOR FURTHER INFORMATION CONTACT: Jo-Ann Chabot, Office of the General Counsel, United States Office of Personnel Management,
(202)606-1700. SUPPLEMENTARY INFORMATION: The Hatch Act, at 5 U.S.C. 7323(a)(2) and (3), prohibits Federal employees from becoming candidates for partisan political office and from soliciting, accepting, or receiving political contributions. However, 5 U.S.C. 7325, as amended, authorizes OPM to prescribe regulations permitting employees in certain communities to participate in local elections for partisan political office without regard to the prohibitions in 5 U.S.C. 7323(a)(2) and
(3)only if the requirements described in section 7325 are met. The first requirement is that:
(1)The community must be the District of Columbia; or,
(2)the community or political subdivision must be located in Maryland or Virginia, and in the immediate vicinity of the District of Columbia; or,
(3)the majority of the community's registered voters must be employed by the United States Government. The second requirement is that OPM must determine that it is in the domestic interest of the employees to permit that political participation because of special or unusual circumstances existing in the community or political subdivision. Under 5 CFR part 733, the exemption from the prohibitions in 5 U.S.C. 7323(a)(2) and
(3)is a partial exemption because in 5 CFR 733.103 through 733.106, OPM has established limitations on political participation by most Federal employees residing in these designated municipalities and subdivisions. On April 5, 2013, OPM issued a proposed rule at 78 FR 20497 to add the District of Columbia to the regulatory list of designated localities at 5 CFR 733.107(c). In its notice of proposed rulemaking, OPM noted that the District of Columbia had fulfilled the statutory requirements for a partial exemption to issue and proposed the addition of the District of Columbia to the regulatory list of designated localities. OPM received one comment from a labor organization supporting the proposal to include the District of Columbia in the OPM regulatory list of designated localities and encouraging OPM adopt the proposed amendment as a final rule. The comment noted that a large share of District of Columbia residents were Federal employees who otherwise would be prohibited from running for major local offices in the District of Columbia because these elections are partisan, and from partaking in many political activities associated with participation in partisan election campaigns. The comment noted that this limited the pool of candidates for election to local District offices, and denied federally employed District residents the opportunity to participate in some of the most vital aspects of self-governance and the democratic process. In addition, the comment noted that, because the proposed amendment would dramatically broaden the pool of eligible candidates for District of Columbia office and offer many District residents the opportunity to more fully participate in the local political process, local governance, and the civic life of their community, special or unusual circumstances indeed existed so that the proposed amendment was in the domestic interest of Federal employees residing in the District of Columbia. Consequently, comment urged OPM to adopt the regulatory proposal as a final rule. Therefore, OPM is adding the District of Columbia to its list of designated localities at 5 CFR 733.107(c). When this rule becomes effective, federally employed residents of the District of Columbia will be permitted under 5 CFR 733.103 to participate in the following activities:
(1)Run as an independent candidate in a local election to partisan political office;
(2)solicit, accept, or receive political contributions as, or on behalf of, an independent candidate for partisan political office in a local election;
(3)accept or receive political contributions on behalf of an individual who is a candidate for local partisan political office and who represents a political party;
(4)solicit, accept, or receive uncompensated volunteer services as an independent candidate, or on behalf of an independent candidate, for local partisan political office; and
(5)solicit, accept, or receive uncompensated volunteer services on behalf of an individual who is a candidate for local partisan political office and who represents a political party. Under 5 CFR 733.104 of title 5, however, federally employed residents of the District of Columbia may not:
(1)Run as the representative of a political party for local partisan political office;
(2)solicit political contributions on behalf of individuals who are candidates for local partisan political office and who represent a political party;
(3)knowingly solicit a political contribution from any Federal employee, except when permitted;
(4)accept or receive political contributions from a subordinate;
(5)solicit, accept, or receive uncompensated volunteer services from a subordinate for any political purpose. Employees also may not participate in political activities when on duty, or while they are wearing items that identify their employing agency or their position. They cannot participate in political activities while they are in any room or building in the discharge of official duties by an individual employed or holding office in the Government of the United States or any agency or instrumentality thereof; nor while using a Government-owned or lease vehicle, or while using a privately-owned vehicle in the discharge of official duties. Moreover, candidacy for, and service in, a partisan political office shall not result in neglect of, or interference with, the performance of the duties of the employee or create a conflict, or apparent conflict, of interest. Sections 733.103 and 733.104 of Title 5, Code of Federal Regulations, do not apply to individuals, such as career senior executives and employees of the Federal Bureau of Investigation, who are employed in the agencies and positions listed on the Web site of the United States Office of Special Counsel, at *http://www.osc.gov/haFederalFurtherRestricted.htm,* and at 5 CFR 733.105(a). These individuals are subject to the more stringent limitations described in 5 CFR 733.105 and 733.106. Individuals who require advice concerning specific political activities, and whether an activity is permitted or prohibited under 5 CFR 733.103-733.106, should contact the United States Office of Special Counsel at
(800)854-2824 or
(202)254-3650. Requests for Hatch Act advisory opinions may be made by email to: *hatchact@osc.gov.* The District of Columbia will be listed alphabetically after Crane, Indiana, and before Elmer City, Washington, at 5 CFR 733.107(c). E.O. 12866, Regulatory Review This regulation has been reviewed by the Office of Management and Budget in accordance with E.O. 12866. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because the changes will affect only employees of the Federal Government. List of Subjects in 5 CFR Part 733 Political activities (Government employees). U.S. Office of Personnel Management. Elaine Kaplan, Acting Director. Accordingly, the Office of Personnel Management amends 5 CFR part 733 as follows: PART 733—POLITICAL ACTIVITY—FEDERAL EMPLOYEES RESIDING IN DESIGNATED LOCALITIES 1. The authority citation for part 733 is revised to read as follows: Authority: 5 U.S.C. 7325; Pub. L. 112-230, 126 Stat. 1616 (Dec. 28, 2012); sec. 308 of Pub. L. 104-93, 109 Stat. 961, 966 (Jan. 6, 1996). 2. Section 733.107(c) is amended by adding the District of Columbia, alphabetically, to the list of other designated municipalities as set forth below. § 733.107 Designated localities.
(c)* * * Other Municipalities District of Columbia [FR Doc. 2013-26741 Filed 11-6-13; 8:45 am]
Connectionstraces to 2
11 references not yet in our index
- 5 CFR 733
- 5 CFR 733.103
- 5 CFR 733.107(c)
- 5 CFR 733.104
- 5 CFR 733.105(a)
- 5 CFR 733.105
- 5 CFR 733.103-733
- Pub. L. 112-230
- 126 Stat. 1616
- Pub. L. 104-93
- 109 Stat. 961
Citation graph
cites case law
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Final rule
Cite5 CFR 733
Cite5 CFR 733.103
Cite5 CFR 733.107(c)
Cite5 CFR 733.104
Cite5 CFR 733.105(a)
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