Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2014-01-06.xml --- 79 3 Monday, January 6, 2014 Contents Agriculture Agriculture Department See Food Safety and Inspection Service Air Force Air Force Department NOTICES Meetings: U.S. Air Force Academy Board of Visitors, 647 2013-31534 Army Army Department See Engineers Corps Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 645-646 2013-31528 2013-31529 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings: Technology Advisory Committee, 646 2014-00019 Defense Department Defense Department See Air Force Department See Engineers Corps See Navy Department RULES Identification Cards for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals, 708-747 2013-30620 Education Department Education Department NOTICES Membership of the Performance Review Board, 648-649 C1--2013--30136 Employment and Training Employment and Training Administration NOTICES Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the U.S.: 2014 Adverse Effect Wage Rates, 664-665 2013-31555 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Weatherization Assistance Program Sub-Programs, 649 2013-31539 Engineers Engineers Corps NOTICES Great Lakes and Mississippi River Interbasin Study, 647-648 2013-31496 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Florida; Non-interference Demonstration for Removal of Federal Low-Reid Vapor Pressure Requirement, 573-577 2013-31557 Missouri; Reasonably Available Control Technology for 8-Hour Ozone National Ambient Air Quality Standard, 580-582 2013-31566 Texas;

Control of Air Pollution by Permits for New Construction or Modification, etc.; Withdrawal, 551 2013-31437 Texas; Control of Air Pollution; Permitting of Grandfathered Facilities, 577-580 2013-31560 Texas; Public Participation for Air Quality Permit Applications, 551-573 2013-30229 Tolerance Requirements; Exemptions: Dimethyl esters of glutaric acid (i.e., dimethyl glutarate), succinic acid (i.e., dimethyl succinate), and adipic acid (i.e., dimethyl adipate), 582-588 2013-31582 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Texas; Control of Air Pollution by Permits for New Construction or Modification, etc.; Withdrawal, 631 2013-31434 NOTICES Federal Agency Hazardous Waste Compliance Docket; Update, 654-658 2013-31568 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 658-659 2014-00024 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 532-536, 543-545 2013-31313 2013-31527 Embraer S.A. Airplanes, 540-542 2013-31450 Sikorsky Aircraft Corporation (Sikorsky) Helicopters, 549-551 2013-31525 The Boeing Company Airplanes, 536-540, 545-549 2013-31307 2013-31312 NOTICES Environmental Assessments;

Availability, etc.: Proposed Construction and Operation of a Replacement Aerial Tramway, South Franklin Mountain, El Paso, TX, 695 2013-31543 Passenger Facility Charge Approvals and Disapprovals, 695-701 2013-31551 2013-31552 2013-31553 2013-31554 Federal Communications Federal Communications Commission RULES Consolidated Service Rules for the 758-769 and 788-799 MHz Bands, 588-601 2013-28974 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster and Related Determinations:

California, 660 2013-31501 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 649-654 2013-31577 2013-31578 2013-31579 2013-31580 Filings: Banning, CA, 654 2013-31581 Federal Reserve Federal Reserve System PROPOSED RULES Extensions of Credit by Federal Reserve Banks, 615-620 2013-31025 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants: Final Recovery Plan for the Gulf Coast Jaguarundi, 661-662 2013-31533 Food Safety Food Safety and Inspection Service NOTICES Guidance for Industry and Staff:

Controlling Salmonella in Market Hogs; Compliance Guidelines, 633-634 2013-31488 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 664 2014-00037 Health and Human Health and Human Services Department See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Congressional Earmark Grants, 660-661 2013-31573 Interior Interior Department See Fish and Wildlife Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 704-705 2013-31559 2013-31562 International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Orders; Results, Extensions, Amendments, etc.: Aluminum Extrusions from the People's Republic of China, 634-636 2013-31277 Antidumping Duty Administrative Reviews;

Results, Extensions, Amendments, etc.: Certain Small Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Germany, 636-637 2013-31489 International Trade Com International Trade Commission NOTICES Complaints: Certain Electronic Hand-Held Pulse Massagers and Components Thereof, 662-663 2013-31526 Certain Non-Volatile Memory Chips and Products Containing Same, 663-664 2013-31523 Justice Department Justice Department See Foreign Claims Settlement Commission Labor Department Labor Department See Employment and Training Administration Maritime Maritime Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Requirements for Establishing U.S. Citizenship, 701-702 2013-31564 National Highway National Highway Traffic Safety Administration PROPOSED RULES Meetings: U.S.-Canada Regulatory Cooperation Council Motor Vehicles Working Group, 631-632 2013-31507 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 659 2013-31494 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Bering Sea and Aleutian Islands Management Area; Amendment 99, 603-608 2013-31556 Fisheries of the Exclusive Economic Zone Off Alaska: Inseason Adjustment to the 2014 Gulf of Alaska Pollock and Pacific cod Total Allowable Catch Amounts, 601-603 2013-31558 NOTICES Endangered Species; Permits: Hudson River Sloop Clearwater, Inc.; File No. 18600, 637-638 2013-31563 Meetings: New England Fishery Management Council, 638-639 2013-31522 Pacific Fishery Management Council, 638 2013-31532 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 665-666 2013-31530 2013-31531 Meetings:

Advisory Committee for Mathematical and Physical Sciences, 666 2013-31524 National Telecommunications National Telecommunications and Information Administration NOTICES National Environmental Policy Act Implementing Procedures and Categorical Exclusions: First Responder Network Authority, 639-642 2013-31493 Navy Navy Department PROPOSED RULES Guidelines Permitting Archaeological Investigations and Other Activities: Sunken Military Craft and Terrestrial Military Craft, 620-631 2013-31068 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Orders Conditioning Involvement in NRC-Licensed Activities, 666-669 2013-31545 Patent Patent and Trademark Office NOTICES Extended Missing Parts Pilot Program;

Extension, 642-644 2013-31574 Prior Art Resources for Use in the Examination of Software-Related Patent Applications, 644-645 2013-31492 Personnel Personnel Management Office RULES Collection by Offset from Indebted Government Employees, 529-530 2013-31508 Federal Employees' Group Life Insurance Program: Election Opportunities for Pathways Participants, 530-531 2013-31505 Federal Employees Health Benefits Program and Dental and Vision Insurance Program: Eligibility for Pathways Programs Participants, 531-532 2013-31506 PROPOSED RULES Administrative Wage Garnishment, 609-610 2013-31500 Career and Career-Conditional Employment, 610-613 2013-31499 Special Rights for Transferred Employees under the Dodd-Frank Act:

Federal Employees' Group Life Insurance, 613-615 2013-31498 Postal Regulatory Postal Regulatory Commission NOTICES Annual Compliance Report, FY 2012, 669-671 2013-31512 Change in Postal Prices, 671-672 2013-31540 Nationwide Change in Postal Delivery Service Standards, 672-674 2013-31510 New Postal Products, 674-676 2013-31541 2013-31542 Postal Service Postal Service NOTICES Product Changes: First-Class Package Service Negotiated Service Agreement, 676 2013-31491 Priority Mail Negotiated Service Agreement, 676 2013-31490 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 676-677 2013-31502 Saint Lawrence Saint Lawrence Seaway Development Corporation NOTICES Meetings: Advisory Board, 702 2013-31513 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 677 2014-00018 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Mercantile Exchange, Inc., 688-690 2013-31518 Depository Trust Co., 690-691 2013-31521 Miami International Securities Exchange, LLC, 681-686 2013-31519 2013-31520 NASDAQ OMX BX, Inc., 679-681 2013-31514 The NASDAQ Stock Market, LLC, 677-679, 686-688, 692-695 2013-31515 2013-31516 2013-31517 Substance Substance Abuse and Mental Health Services Administration NOTICES Funding Opportunity, Fiscal Year 2014, 659-660 2013-31583 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions:

Grenada Railway, LLC; Montgomery, Carroll, Holmes, Yazoo and Madison Counties, MS, 702-703 2013-31509 Railroad Revenue Adequacy: 2010 Determination, 703-704 2013-31570 2011 Determination, 704 2013-31571 2012 Determination, 703 2013-31572 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration See Saint Lawrence Seaway Development Corporation See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Defense Department, 708-747 2013-30620 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. 79 3 Monday, January 6, 2014 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 550 RIN 3206-AM14 Collection by Offset From Indebted Government Employees AGENCY: U.S. Office of Personnel Management. ACTION: Final rule.

SUMMARY: The U.S. Office of Personnel Management

(OPM)is issuing final regulations to eliminate the 10-year statute of limitations on collection of debt by administrative offset, which includes centralized salary offset. The final regulations conform with an amendment made by the Food, Conservation, and Energy Act of 2008. This change would authorize the offset of nontax payments (via salary offset) to collect delinquent Federal debt without regard to the amount of time the debt has been delinquent. OPM is also making several technical changes to be consistent with the Department of the Treasury and the Department of Justice Federal Claims Collection Standards and the Department of the Treasury salary offset regulations. DATES: *Effective date:* These regulations are effective on February 5, 2014. FOR FURTHER INFORMATION CONTACT: Tameka Gillis by telephone at

(202)606-2858; by fax at

(202)606-0824; or by email at *pay-leave-policy@opm.gov.* SUPPLEMENTARY INFORMATION: On May 2, 2011, the U.S. Office of Personnel Management

(OPM)issued proposed regulations (76 FR 24406) to eliminate the 10-year statute of limitations on collection of debt by administrative offset, which includes centralized salary offset. The proposed regulations conformed with an amendment to 31 U.S.C. 3716(e) made by section 14219 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246 (122 Stat. 1651)) that became effective on June 18, 2008, to authorize the offset of nontax payments (via salary offset) to collect delinquent Federal debt without regard to the amount of time the debt has been delinquent. The 60-day comment period for the proposed regulations ended July 1, 2011. OPM received comments from one agency that concurred with changes in the proposed regulations. We also received comments from two labor organizations and two individuals. This supplementary information addresses these comments. One labor organization appreciated that the proposed regulations were designed to conform to the statutory change authorizing the offset of nontax payments to collect Federal debt without time limitations. However, the labor organization believed the proposed regulations do not give sufficient clarification on the requirement for the creditor agency to notify employees about such a longstanding overdue debt. We agree. We have revised 5 CFR 550.1104(d) to specify the requirements for notification of employees for debts outstanding more than 10 years on or before June 11, 2009; see also the Department of the Treasury's salary offset regulations at 31 CFR 285.7(d)(7) for additional notification requirements. The labor organization also questioned whether OPM should amend its own internal agency salary offset regulations at 5 CFR part 179, subpart B, which contains the obsolete 10-year limitation provision. This final regulation does not amend OPM's internal salary offset regulations at 5 CFR part 179, subpart B. Under 5 U.S.C. 5514 and 5 CFR 550.1104, each covered agency must issue regulations, subject to OPM approval, governing its internal procedures for collecting a debt by salary offset. OPM's internal salary offset regulations, as well as the internal salary offset regulations issued by other agencies, must be amended to reflect the changes made by these final regulations on or after the effective date of these regulations. OPM considers amendments to agency internal salary offset regulations in this case to be conforming changes. Agencies need not submit these conforming changes to OPM for approval prior to publication. A different labor organization and an individual opposed the removal of the 10-year limit from the salary offset regulations. The labor organization stated the proposed regulations would allow agencies to be less accountable for clearing up mistakes in a timely fashion and expressed concerns that in some cases they could allow agencies to retaliate against employees and their exclusive representatives. The labor organization believed that the statute of limitations governing debt collection should be based upon the nature of actions of the agencies and the employees involved, and that, where an employee in good faith earned compensation that is later judged to be erroneously paid, there should be no more than a 6-year statute of limitations, consistent with the time limit under the Back Pay Act. The individual stated that there must be boundaries on salary offset rules and the Government should move swiftly to collect debt within a reasonable period of time. OPM is not changing the regulations in response to these comments. Elimination of the 10-year limitation in OPM's regulations to authorize the offset of nontax payments (via salary offset) to collect delinquent Federal debt without regard to the amount of time the debt has been delinquent is required by changes made to 31 U.S.C. 3716(e) by the Food, Conservation, and Energy Act of 2008. OPM has no authority to establish a time limitation under regulations for collecting a debt via salary offset that is inconsistent with the law. Another individual questioned the legality of the changes to § 550.1104 regarding deductions of greater than 15 percent of the employee's disposable pay, as it related to employee due process rights. We are not revising the regulations in response to this comment. Employees will continue to have notice and due process rights as provided in 5 U.S.C. 5514 and 5 CFR 550.1104 if a court orders deductions greater than 15 percent of pay. 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 agencies and employees. Executive Order 13563 and Executive Order 12866 The Office of Management and Budget has reviewed this rule in accordance with E.O. 13563 and 12866. List of Subjects in 5 CFR Part 550 Administrative practice and procedure, Claims, Government employees, Wages. U.S. Office of Personnel Management. Katherine Archuleta, Director. Accordingly, OPM is amending 5 CFR part 550 as follows: PART 550—PAY ADMINISTRATION (GENERAL) Subpart K—Collection by Offset From Indebted Government Employees 1. The authority citation for subpart K of part 550 continues to read as follows: Authority: 5 U.S.C. 5514; sec. 8(1) of E.O. 11609; redesignated in sec. 2-1 of E.O. 12107. 2. In § 550.1102, revise paragraph (b)(1) and add a new paragraph (b)(3) to read as follows: § 550.1102 Scope.

(b)* * *

(1)*Excluded debts.* The procedures contained in this subpart do not apply to—

(i)Debts arising under the Internal Revenue Code (26 U.S.C. 1 *et seq.* );

(ii)Debts arising under the tariff laws of the United States;

(iii)Any case where collection of a debt by salary offset is explicitly provided for or prohibited by another statute (e.g., travel advances in 5 U.S.C. 5705 and employee training expenses in 5 U.S.C. 4108); or

(iv)Any other debt excluded by the FCCS or 31 CFR part 285.

(3)*Compromise, suspension, or termination of collection actions.* This subpart does not preclude the compromise, suspension, or termination of collection actions, where appropriate, as provided in the FCCS (31 CFR 900.4) or the use of alternative dispute resolution methods if they are not inconsistent with agency-specific laws and regulations. 3. In § 550.1103, revise the definition of “FCCS” to read as follows: § 550.1103 Definitions. *FCCS* means the Federal Claims Collections Standards published in 31 CFR parts 900 through 904. 4. In § 550.1104, revise paragraph

(d)introductory text and paragraphs (d)(3), (i), and

(j)to read as follows: § 550.1104 Agency regulations.

(d)*Notification before deductions begin.* Provide for notification before deductions begin. Except as provided in paragraph

(c)of this section, deductions under the authority of 5 U.S.C. 5514 must not be made unless the head of the creditor agency (or authorized designee) provides the employee a written notice at least 30 days before any deduction begins. (For debts outstanding more than 10 years on or before June 11, 2009, see also 31 CFR 285.7(d) for additional notification requirements.) The written notice must state at a minimum:

(3)The frequency and amount of the intended deduction (stated as a fixed dollar amount or as a percentage of pay, not to exceed 15 percent of disposable pay except as provided in paragraph

(i)of this section) and the intention to continue the deductions until the debt is paid in full or otherwise resolved;

(i)*Limitation on amount of deductions.* Prescribe the limitations on the amount of the deduction. Ordinarily, the size of installment deductions must bear a reasonable relationship to the size of the debt and the employee's ability to pay (see the FCCS at 31 CFR 901.8). However, the amount deducted for any period under this subpart may not exceed 15 percent of the disposable pay from which the deduction is made, unless the employee has agreed in writing to the deduction of a greater amount or a higher deduction has been ordered by a court under section 124 of Public Law 97-276 (96 Stat.1195).

(j)*Duration of deductions.* Prescribe the duration of deductions under this subpart. Ordinarily, debts must be collected in one lump sum where possible. However, if the employee is financially unable to pay in one lump sum or the amount of the debt exceeds 15 percent of disposable pay (or other applicable limitation as provided in paragraph

(i)of this section) for an officially established pay interval, collection must be made in installments. Such installment deductions must be made over a period not greater than the anticipated period of active duty or employment, as the case may be, except as provided in paragraphs

(1)and

(m)of this section. 5. Revise § 550.1106 to read as follows: § 550.1106 Time limit on collection of debts. Agencies may initiate salary offset to collect a debt without time limitations on any debt outstanding after the Government's right to collect the debt first accrued. (See § 550.1108 for requirement when debts are delinquent over 180 days.) [FR Doc. 2013-31508 Filed 1-3-14; 8:45 am]

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