Unknown. Final rule
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/register/2014/09/10/2014-21587A 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-2014-09-10.xml --- 79 175 Wednesday, September 10, 2014 Contents Agricultural Marketing Agricultural Marketing Service RULES Soybean Promotion, Research, and Consumer Information Program: Procedures and Notification of Request for Referendum, 53605-53606 2014-21512 PROPOSED RULES Process for Establishing Rates Charged for Services, 53633-53646 2014-21188 NOTICES Referendum Requests: Soybean Promotion and Research Order, 53684-53685 2014-21509 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 53684 2014-21559 Animal Animal and Plant Health Inspection Service RULES Bovine Tuberculosis Status of Michigan: Advance Counties from Modified Accredited Advanced to Accredited-Free, 53606-53608 2014-21583 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Oil and Gas Drilling Operations, 53721-53728 2014-21586 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:
Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 53709 2014-21568 Safety and Occupational Health Study Section, National Institute for Occupational Safety and Health, 53709-53710 2014-21569 Requests for Nominations: Board of Scientific Counselors, National Institute for Occupational Safety and Health, 53710 2014-21567 Coast Guard Coast Guard RULES Guidance: Lifesaving Devices; Uninspected Commercial Barges and Sailing Vessels, 53621-53631 2014-21541 PROPOSED RULES Special Local Regulations:
Clearwater Super Boat National Championship, Gulf of Mexico, Clearwater Beach, FL, 53671-53673 2014-21463 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53697-53698 2014-21544 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Company-Run Annual Stress Test Reporting Template and Documentation for Covered Institutions with Total Consolidated Assets of 50 Billion Dollars or More under the Dodd-Frank Wall Street Reform and Consumer Protection Act, 53835-53838 2014-21493 Interagency Questions and Answers Regarding Community Reinvestment, 53838-53850 2014-21560 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions, 53708-53709 2014-21557 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Performance Report for the State Grant for Assistive Technology Program, 53698 2014-21535 Early Childhood Longitudinal Study Kindergarten Class of 2010-11, Spring Third Grade National Collection, Fourth Grade Recruitment, and Fifth Grade Tracking, 53698-53699 2014-21472 Studies of Rural Education Achievement Program Grantees, 53699-53700 2014-21426 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Planning Guidance and Instructions for Submission of the Strategic State Plan; Plan Modifications for Title I of the Workforce Investment Act and Wagner-Peyser Act, 53786-53787 2014-21571 Meetings: Native American Employment and Training Council, 53787 2014-21565 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Final National Pollutant Discharge Elimination System Small Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels Less than 79 Feet, 53701-53702 2014-21402 Final National Pollutant Discharge Elimination System: Small Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels Less than 79 Feet, 53702-53707 2014-21408 Stipulated Injunction in Northwest Center for Alternatives to Pesticides v.
EPA Litigation, 53707-53708 2014-21414 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration PROPOSED RULES Establishment of Class D Airspace and Amendment of Class E Airspace: Dallas, GA, 53669-53670 2014-21582 Selma, AL, 53667-53669 2014-21578 NOTICES Petitions for Exemptions; Summaries, 53824-53825 2014-21580 2014-21584 Federal Deposit Federal Deposit Insurance Corporation NOTICES Interagency Questions and Answers Regarding Community Reinvestment, 53838-53850 2014-21560 Federal Emergency Federal Emergency Management Agency RULES Suspensions of Community Eligibility, 53618-53621 2014-21550 NOTICES Proposed Flood Hazard Determinations, 53717-53720 2014-21546 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 53700-53701 2014-21542 2014-21543 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization:
R.R. Donnelley and Sons Co., 53701 2014-21545 Federal Highway Federal Highway Administration PROPOSED RULES Additional Authorities for Planning and Environmental Linkages, 53673-53683 2014-21439 NOTICES Final Core Toll Concessions Public-Private Partnership Model Contract Guide, 53825-53834 2014-21049 Federal Reserve Federal Reserve System NOTICES Interagency Questions and Answers Regarding Community Reinvestment, 53838-53850 2014-21560 Federal Retirement Federal Retirement Thrift Investment Board RULES Legal Process for the Enforcement of a Tax Levy or Criminal Restitution Order Against a Participant Account, 53603-53605 2014-21636 Federal Transit Federal Transit Administration PROPOSED RULES Additional Authorities for Planning and Environmental Linkages, 53673-53683 2014-21439 NOTICES Buy American Waivers:
Pad and Rubber Boot of a Concrete Block for a Low Vibration Track System, New York City Transit, 53834-53835 2014-21547 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants: Technical/Agency Draft Recovery Plan for the Dusky Gopher Frog, 53728-53729 2014-21549 Food and Drug Food and Drug Administration RULES Medical Devices; Immunology and Microbiology Devices: Classification of Dengue Virus Nucleic Acid Amplification Test Reagents, 53608-53609 2014-21479 PROPOSED RULES General Safety Test Regulations:
Biologics License Applications; Revocation of Duplicative Requirements; Correction, 53670 2014-21481 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Health and Diet Survey, 53711-53712 2014-21532 Testing Communications on Biological Products, 53710-53711 2014-21533 Guidance: Unique Device Identification System; Small Entity Compliance Guide, 53712-53713 2014-21480 Food Safety Food Safety and Inspection Service NOTICES Discontinuing Export Certificates for Food Products that Contain Egg Products as an Ingredient, 53685-53686 2014-21554 Meetings:
Codex Alimentarius Commission; Committee on Nutrition and Foods for Special Dietary Uses, 53686-53687 2014-21551 Foreign Trade Foreign-Trade Zones Board NOTICES Reorganizations under Alternative Site Framework: Foreign-Trade Zone 134, Chattanooga, TN, 53688 2014-21591 Subzone Expansions: BMW Manufacturing Company, LLC, Subzone 38A, Greer, SC, 53688 2014-21589 Forest Forest Service NOTICES Meetings: White Pine-Nye Resource Advisory Committee, 53687-53688 2014-21538 General Services General Services Administration PROPOSED RULES General Services Administration Acquisition Regulations:
Federal Supply Schedule Contracting; Administrative Changes, 54126-54144 2014-21326 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions, 53708-53709 2014-21557 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Meetings:
National Advisory Committee on Rural Health and Human Services; Correction, 53713 2014-21553 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department RULES Model Manufactured Home Installation Standards: Ground Anchor Installations, 53609-53618 2014-21431 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See National Park Service See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Oil Country Tubular Goods from India and the Republic of Turkey, 53688-53691 2014-21705 Certain Oil Country Tubular Goods from India, the Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam, 53691-53694 2014-21596 Export Trade Certificates of Review: Northwest Fruit Exporters, 53694-53695 2014-21507 Requests for Nominations: Manufacturing Council, 53695-53696 2014-21513 International Trade Com International Trade Commission NOTICES Investigations;
Determinations, Modifications, and Rulings, etc.: Certain Windshield Wipers and Components Thereof, 53784-53785 2014-21484 Rice--Global Competitiveness of the U.S. Industry; Hearing Cancellation, 53785 2014-21422 Tellabs, Inc.; Certain Non-Volatile Memory Devices and Products Containing Same, 53784 2014-21485 Justice Department Justice Department NOTICES Consent Decrees under the Clean Air Act, 53785 2014-21441 Labor Department Labor Department See Employment and Training Administration See Labor Statistics Bureau NOTICES Meetings:
Advisory Committee on Veterans' Employment, Training and Employer Outreach, 53785-53786 2014-21497 Labor Statistics Labor Statistics Bureau NOTICES Local Area Unemployment Statistics Program, 53787-53791 2014-21241 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions, 53708-53709 2014-21557 National Archives National Archives and Records Administration NOTICES Meetings:
Advisory Committee on the Presidential Library-Foundation Partnerships, 53791 2014-21558 National Institute National Institutes of Health NOTICES Environmental Impact Statements; Availability, etc.: Assure/Expand Chilled Water Capacity Project; Corrections, 53713 2014-21540 Meetings: Center for Scientific Review, 53713-53717 2014-21466 2014-21467 2014-21468 National Cancer Institute, 53716 2014-21464 National Institute of Dental and Craniofacial Research, 53714 2014-21465 National Oceanic National Oceanic and Atmospheric Administration RULES Endangered and Threatened Wildlife and Plants:
Final Listing Determinations on Proposal to List 66 Reef-building Coral Species and to Reclassify Elkhorn and Staghorn Corals, 53852-54123 2014-20814 International Fisheries; Pacific Tuna Fisheries: 2014 Commercial Fishing for Pacific Bluefin Tuna Closed in the Eastern Pacific Ocean, 53631-53632 2014-21548 NOTICES Meetings: U.S. Integrated Ocean Observing System Advisory Committee, 53696-53697 2014-21537 National Park National Park Service NOTICES Inventory Completions: Arizona State Museum, University of Arizona, Tucson AZ, 53761-53767 2014-21475 Arizona State Museum, University of Arizona, Tucson, AZ, 53737-53738, 53751-53752, 53754-53759, 53771-53773 2014-21469 2014-21473 2014-21491 2014-21494 California State University, Long Beach, and California State University, Sacramento, CA, 53760-53761 2014-21482 History Colorado, Formerly Colorado Historical Society, Denver, CO, 53767-53768 2014-21522 Native American Human Remains and Associated Funerary Objects;
National Park Service, Rocky Mountain National Park, Estes Park, CO; Corrections, 53750-53751 2014-21487 State Historical Society of Wisconsin, Madison, WI, 53729-53744, 53748-53749, 53753-53754, 53759-53760, 53768-53769 2014-21447 2014-21449 2014-21450 2014-21451 2014-21452 2014-21453 2014-21495 2014-21496 2014-21498 2014-21500 2014-21502 2014-21504 2014-21506 2014-21508 2014-21511 Stephen F. Austin State University, Nacogdoches, TX, 53733-53734 2014-21486 University of Massachusetts, Department of Anthropology, Amherst, MA;
Correction, 53770-53771 2014-21515 University of Pennsylvania Museum of Archaeology and Anthropology, Philadelphia, PA, 53746-53747 2014-21516 University of Wisconsin-Madison, Department of Anthropology, Madison, WI, and the State Historical Society of Wisconsin, Madison, WI, 53744-53746 2014-21505 U.S. Department of Defense, Army, Fort Sill National Historic Landmark and Museum, Fort Sill, OK, 53749-53750, 53769-53770 2014-21530 2014-21531 U.S. Department of Defense, Army, National Museum of Health and Medicine, Silver Spring, MD, 53730-53731, 53747-53748 2014-21517 2014-21518 Meetings:
Cape Cod National Seashore Advisory Commission, 53773 2014-21555 Gateway National Recreation Area Fort Hancock 21st Century Advisory Committee, 53773-53774 2014-21556 Repatriations of Cultural Items: Arizona State Museum, University of Arizona, Tucson, AZ, 53774-53779 2014-21471 2014-21488 2014-21490 California State University, Long Beach, and California State University, Sacramento, CA, 53779-53780 2014-21477 Department of Defense, Army, Fort Sill National Historic Landmark and Museum, Fort Sill, OK, 53777-53778, 53782 2014-21489 2014-21492 Stephen F.
Austin State University, Nacogdoches, TX, 53781-53782 2014-21483 Sole Source Concession Contract for Gateway National Recreation Area, NY, 53782-53783 2014-21018 National Science National Science Foundation NOTICES Antarctic Conservation Act Permit Applications, 53791-53792 2014-21562 2014-21563 2014-21564 Personnel Personnel Management Office RULES Flag Recognition Benefit for Fallen Federal Civilian Employees, 53601-53603 2014-21587 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:
National Grandparents Day (Proc. 9163), 54183-54186 2014-21755 ADMINISTRATIVE ORDERS Trading With the Enemy Act; Continuation of Certain Authorities (Presidential Determination) No. 2014-14 of September 5, 2014, 54187 2014-21760 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange LLC, 53803-53805 2014-21526 Chicago Board Options Exchange, Inc., 53794-53802 2014-21519 2014-21524 2014-21525 International Securities Exchange, LLC, 53813-53816 2014-21529 Miami International Securities Exchange LLC, 53792-53794, 53808-53811 2014-21521 2014-21523 NASDAQ OMX BX, Inc., 53805-53808 2014-21528 NASDAQ Stock Market LLC, 53808, 53811-53813 2014-21520 2014-21527 Small Business Small Business Administration PROPOSED RULES Small Business Size Standards for Manufacturing, 54146-54181 2014-20837 Small Business Size Standards:
Industries with Employee Based Size Standards Not Part of Manufacturing, Wholesale Trade, or Retail Trade, 53646-53667 2014-20838 State Department State Department NOTICES Commercial Export Licenses: Bureau of Political-Military Affairs, Directorate of Defense Trade Controls, 53816-53823 2014-21619 Meetings: Cultural Property Advisory Committee, 53823-53824 2014-21574 Proposed Extension of Memorandum of Understanding on Archaeological Material from El Salvador, 53824 2014-21575 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 53783 2014-21590 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration Treasury Treasury Department See Comptroller of the Currency U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act, 53720 2014-21499 Petition for U Nonimmigrant Status, 53721 2014-21501 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 53852-54123 2014-20814 Part III General Services Administration, 54126-54144 2014-21326 Part IV Small Business Administration, 54146-54181 2014-20837 Part V Presidential Documents, 54183-54187 2014-21755 2014-21760 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. 79 175 Wednesday, September 10, 2014 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 550 RIN 3206-AM58 Flag Recognition Benefit for Fallen Federal Civilian Employees AGENCY: Office of Personnel Management. ACTION:
Final rule. SUMMARY: The U.S. Office of Personnel Management
(OPM)is issuing final regulations to implement the Civilian Service Recognition Act of 2011. The final regulations will assist agencies in administering a United States flag recognition benefit for fallen Federal civilian employees, and describe the eligibility requirements and procedures to request a flag. DATES: *Effective* October 10, 2014. FOR FURTHER INFORMATION CONTACT: Nikki Johnson at
(202)606-2720, by fax at
(202)606-4264, or by email at *nikki.johnson@opm.gov.* SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management, following coordination with the U.S. Department of Defense and the U.S. Department of Homeland Security, issued proposed regulations and requested comments on June 17, 2013, (78 FR 36312) to implement the Civilian Service Recognition Act of 2011 (Pub. L. 112-73, December 20, 2011), hereafter referred to as “the Act.” For those civilian employees who die under certain circumstances in the course of serving their country, the Act authorizes agency heads to give United States flags to beneficiaries as a way to formally express sympathy and gratitude on behalf of the Nation. OPM received comments from two Federal agencies, a private association for career federal executives (“the Association”), and two individuals. We reviewed the public comments, considered them, and decided upon any revisions we concluded were appropriate in light of that consideration. We have summarized the comments below, and also indicate how we disposed of them in the final regulations. Background The Act authorizes, and these regulations provide policies for, recognizing certain Federal civilian employees who die of injuries incurred in connection with their employment for their duty and sacrifice. Prior to this legislation, a few agencies had separate, limited authority to confer such recognition. Under the Act, Executive agencies, the United States Postal Service, and the Postal Regulatory Commission may furnish flags to the beneficiaries of employees who died of injuries incurred in connection with their employment as a result of criminal acts, acts of terrorism, natural disasters, or other circumstances as determined by the President. OPM is amending part 550 of title 5, Code of Federal Regulations, by adding a new subpart (subpart O) titled “Flag Recognition Benefit for Fallen Federal Civilian Employees” that establishes a comprehensive, Governmentwide approach to honor Federal civilian employees who die of certain injuries incurred in connection with their employment. These regulations also provide agencies flexibility to develop additional procedures when honoring these employees. General We received a comment from a Federal agency recommending OPM revise § 550.1501(a) to indicate that the employee's injuries must be incurred in connection with his or her employment with the Federal Government, as stated in the statute. We agree with the agency's suggested change and have revised the paragraph to mirror the statutory language. Eligibility We received four comments (three from the Association and one from an individual) regarding eligibility for a flag. Both the Association and the individual observed that the phrase “other circumstances” was vague and that clarification was needed to define what constitutes “other circumstances.” The Association suggested that there be additional guidance to assist agencies to determine whether a cause of death that does not fall neatly into a stated category should be granted. The individual stated that OPM should revise § 550.1504(iv) to provide that the President may delegate this determination. OPM expects that most deaths warranting flag recognition will fall into the categories specified in law (i.e., a criminal act, an act of terrorism, or a natural disaster). In any event, at this time, the authority to determine which other circumstances would warrant such recognition is reserved to the President. OPM cannot confer authorities upon the President, but there is nothing in the Act that precludes the President from delegating this authority in the future if he wishes to do so. In addition, one comment stated that OPM should track deaths that did not fall into one of the original categories. OPM will not track the “other circumstance” cause of death requests as we anticipate they will occur rarely and, therefore, we do not see the need to establish an additional administrative process. Order of Precedence We received four comments (two from individuals, one from the Association, and one from an agency) regarding order of precedence when granting a flag. Three of the comments focused on including same-sex marriage, domestic partnership, or civil unions in the order of precedence. The Act already provides that widows or widowers may be awarded a flag. On June 26, 2013, the Supreme Court ruled that Section 3 of the Defense of Marriage Act
(DOMA)is unconstitutional. As a result of this decision, there would be no basis for construing “widow” or “widower” as excluding surviving spouses of same-sex marriages. The surviving spouse of a same-sex marriage would be a widow or widower, and this category is already included in the order of precedence. Surviving members of a domestic partnership or civil union could also qualify to be recipients of a flag, within the order of precedence, but only within the category of those having a close family affiliation. The “close family affiliation” category encompasses any non-marital domestic partner, whether same-sex or different-sex, irrespective of whether the individual was in a state-sanctioned legal relationship, such as a civil union or domestic partnership, with the deceased employee. Although requests from surviving members of a domestic partnership or civil union would not receive the same level of precedence as surviving spouses of same-sex marriages, that result is a function of the statutory language itself. The statute specifically identified “spouses,” but not survivors of domestic partnerships or civil unions as among the individuals who would be eligible for such a benefit by virtue of the statute itself. The statute provided OPM with the means to determine what other sorts of relationships might justify the award of a flag, but only for the situation where no request has been received from a spouse, child, sibling, or parent of the deceased employee. The Association's comment focused on defining “close family affiliation” and providing examples. The commenter suggested that the term is unclear. OPM believes the established order of precedence, which is modeled after other similar listings in regulation, is clear as listed. The term “close family affiliation” conveys a generally understood type of relationship and the regulation leaves its application to agency discretion on a case-by-case basis. Beneficiary Responsibilities We received two comments on beneficiary responsibilities (one from an individual and one from the Association). Both commenters noted a concern that the burden of proving eligibility would fall disproportionately on the next of kin and argued that a formal written request with supporting documentation should not be necessary because the agency will already be aware of the circumstances surrounding the employee's death, and therefore his or her eligibility for the flag benefit. The Association also recommended the agency notify the beneficiary of the flag benefit to ease the burden of a grieving beneficiary and make the distribution of a flag as smooth and quick as possible. We agree that in most cases an agency will already be aware of the circumstances of an employee's death in these types of situations and generally will not need to require proof of the employee's eligibility. Therefore, we have revised § 550.1506 of the regulations to focus on having the agency assist a grieving beneficiary in requesting a flag in a timely manner by making the necessary determinations. Agency Responsibilities We received two comments from one agency on agency responsibilities. One comment recommends that OPM revise § 550.1507(a) to remove the requirement for an agency to include in its procedures reaching out to survivors of known eligible employees to provide information and offer assistance on obtaining the flag. We have considered this recommendation and have revised this provision to make it clear that an agency is required to adopt such procedures only if it determines it wishes to award a flag pursuant to the Act. When an agency has made such a determination, it must reach out to survivors of known eligible employees in order to ease any burden on the beneficiaries of obtaining a flag. We encourage each agency to make a decision in advance of receiving a first request under the Act whether the agency will want to furnish a flag in an appropriate case. If the answer is in the affirmative, the agency would be well-advised to adopt these procedures in advance, so that it will be in a position to assist a potential beneficiary expeditiously if and when a potentially appropriate case arises. The agency also recommends that OPM revise § 550.1507(b) to provide agencies with the flexibility to establish their own process for notifying employees of the flag benefit. We concur that agencies should have flexibility in notifying employees and have removed the example, “usually as part of the agency's regular benefits information sharing,” that was perceived to limit this flexibility. In order to provide consistency Governmentwide, we have maintained the requirement that the notification should occur annually. Miscellaneous Issues We have made additional revisions to the text of § 550.1501 General, § 550.1505 Order of precedence, and § 550.1506 Beneficiary receipt of a flag in order to achieve greater technical clarity. The substance of these provisions has not been changed. E.O. 12866, Regulatory Review This rule has been reviewed by the U.S. Office of Management and Budget in accordance with E.O. 12866. Regulatory Flexibility Act I certify that these regulations would not have a significant economic impact on a substantial number of small entities because they would apply only to Federal agencies and employees. 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 part 550 of title 5, Code of Federal Regulations, by adding a new subpart O to read as follows: PART 550—PAY ADMINISTRATION (GENERAL) Subpart O—Flag Recognition Benefit for Fallen Federal Civilian Employees Sec. 550.1501 General. 550.1502 Coverage. 550.1503 Definitions. 550.1504 Eligibility. 550.1505 Order of precedence. 550.1506 Beneficiary receipt of a flag. 550.1507 Agency responsibilities. Authority: 5 U.S.C. 5570 note; also issued under Sec. 2 of Pub. L. 112-73, 125 Stat.784-785. Subpart O—Flag Recognition Benefit for Fallen Federal Civilian Employees § 550.1501 General.
(a)*Statutory authority.* This subpart implements the Civilian Service Recognition Act of 2011 (Public Law 112-73; December 20, 2011), reprinted as a note to 5 U.S.C.A. 5570, which authorizes agencies to give a flag of the United States to a beneficiary of a Federal civilian employee who dies of injuries incurred in connection with his or her employment with the Federal Government, under specific circumstances.
(b)*Eligibility.* Agencies may furnish a flag to the beneficiary (as defined in § 550.1503) of an eligible employee (as specified in § 550.1504) who died on or after December 20, 2011. § 550.1502 Coverage. This subpart applies to—
(a)Executive agencies as defined in section 105 of title 5, United States Code, the United States Postal Service, and the Postal Regulatory Commission; and
(b)Employees as defined in section 2105 of title 5, United States Code; an officer or employee of the United States Postal Service; and an officer or employee of the Postal Regulatory Commission. § 550.1503 Definitions. In this subpart— *Agency* means an Executive agency as defined in 5 U.S.C. 105, the United States Postal Service, or the Postal Regulatory Commission. *Authorized agency official* means the head of an agency or an official who is authorized to act for the head of the agency in the matter concerned. *Beneficiary* means the eligible person who may request the flag following the order of precedence specified in § 550.1505. *Employee* means an employee as defined in section 2105 of title 5, United States Code; an officer or employee of the United States Postal Service; and an officer or employee of the Postal Regulatory Commission. *Flag* means a standard United States flag that is at least 3 feet by 5 feet. § 550.1504 Eligibility.
(a)An authorized agency official may, upon the request of a beneficiary, furnish one United States flag for an individual who—
(1)Was an employee of the agency at the time of death; and
(2)Died of injuries incurred in connection with such individual's employment with the Federal Government suffered as a result of—
(i)A criminal act;
(ii)An act of terrorism;
(iii)A natural disaster; or
(iv)Other circumstances, as determined by the President.
(b)An authorized agency official may not furnish a flag when the death is the result of—
(1)Unlawful or negligent action of the employee;
(2)Willful misconduct of the employee; or
(3)Activities unrelated to the employee's status as a Federal employee.
(c)The decision whether to furnish a flag to the beneficiary of an eligible employee is at the discretion of the agency. When an authorized agency official determines the agency will furnish a flag for a deceased eligible employee, the official must follow the order of precedence specified in § 550.1505. § 550.1505 Order of precedence. If the authorized agency official determines the agency will furnish a flag, it must be issued to one beneficiary pursuant to the following order of precedence—
(a)The widow or widower;
(b)If none, to a child (including step, foster, or adopted child), according to age (i.e., oldest to youngest);
(c)If none, to a parent (including step, foster, or adoptive parent);
(d)If none, to a sibling (including step, half, or adopted sibling), according to age; (i.e., oldest to youngest); If none, to any individual related by blood or close family affiliation. § 550.1506 Beneficiary receipt of a flag. One eligible beneficiary, following the order of precedence in § 550.1505, may be provided a flag by the agency once the agency has—
(a)Documented the date and nature of death of the employee and certified that it conforms to the eligibility criteria in § 550.1504;
(b)Received a request from a beneficiary; and
(c)Established the beneficiary's relationship to the deceased employee and determined whether the beneficiary may receive the flag, consistent with the order of precedence under 550.1505. § 550.1507 Agency responsibilities. To efficiently and effectively implement the provisions of the law and these regulations, an agency that wishes to furnish a flag pursuant to this part must —
(a)Establish procedures for procuring and furnishing a flag, including reaching out to survivors of known eligible employees to provide information and offer assistance on obtaining a flag;
(b)Notify its employees of the flag benefit annually; and
(c)Disclose information necessary to prove that a deceased individual is an eligible employee as described in § 550.1504 to the extent that such information is not classified and to the extent that such disclosure does not endanger the national security of the United States. [FR Doc. 2014-21587 Filed 9-9-14; 8:45 am]
Connectionstraces to 2
Traces to 2 documents
3 references not yet in our index
- 5 CFR 550
- Pub. L. 112-73
- 125 Stat. 784
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