Unknown. Final rule

4,097 words·~19 min read·/register/2014/10/22/2014-25212·

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-2014-10-22.xml --- 79 204 Wednesday, October 22, 2014 Contents Agriculture Agriculture Department See Food and Nutrition Service Antitrust Division Antitrust Division NOTICES Membership Changes under National Cooperative Research and Production Act: Advanced Media Workflow Association, Inc., 63168-63169 2014-25137 Heterogeneous System Architecture Foundation, 63169 2014-25139 Telemanagement Forum, 63167-63168 2014-25136 Antitrust See Antitrust Division Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63124-63126 2014-25094 2014-25095 Funding Availability: Ebola Response Outbreak Funding to Eligible Ministries of Health and Bona Fide Agents, 63126-63127 2014-25133 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63078-63079 2014-25107 2014-25113 2014-25115 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 63089 2014-25225 Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Meetings; Sunshine Act, 63089 2014-25197 Education Department Education Department PROPOSED RULES Direct Grant Programs and Definitions that Apply to Department Regulations, 63062-63066 2014-24929 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: College Affordability and Transparency Explanation Form, 63089-63090 2014-25028 Applications for New Awards:

Personnel Development to Improve Services and Results for Children with Disabilities—Personnel Preparation in Special Education, Early Intervention, and Related Services, 63090-63101 2014-25182 Personnel Development to Improve Services and Results for Children with Disabilities—Preparation of Special Education, Early Intervention, and Related Services Leadership Personnel, 63101-63108 2014-25188 Employee Benefits Employee Benefits Security Administration NOTICES Meetings: Advisory Council on Employee Welfare and Pension Benefit Plans, 63170 2014-25213 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board, Northern New Mexico, 63108-63109 2014-25121 Environmental Management Site-Specific Advisory Board, Paducah, 63109 2014-25120 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Requests for Information: Electrolytic Hydrogen Production Workshop Report, 63110-63111 2014-25141 Hydrogen Transmission and Distribution Workshop Report, 63109-63110 2014-25140 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Kansas; Infrastructure Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard, 63044-63045 2014-24782 North Dakota; Revisions to the Air Pollution Control Rules, 63045-63047 2014-24996 Pesticide Tolerances: Metrafenone, 63047-63053 2014-25135 Polyoxyalkylated sorbitan fatty acid esters; Exemption, 63053-63056 2014-25132 PROPOSED RULES Effluent Limitations Guidelines and Standards for the Dental Category, 63258-63286 2014-24347 NOTICES Guidance:

Benefits of Neonicotinoid Seed Treatments to Soybean Production, 63118-63120 2014-24968 Meetings: Good Neighbor Environmental Board, Public Advisory Committee; Teleconference, 63120 2014-25144 Pesticide Products: Removal of Certain Inert Ingredients from Approved Chemical Substance List, 63120-63121 2014-24586 Farm Credit Farm Credit Administration RULES Annual Board Policy Statements, 63033 2014-25131 Releasing Information; General Provisions; Accounting and Reporting Requirements;

Reports of Accounts and Exposures, 63033 2014-25005 Federal Aviation Federal Aviation Administration PROPOSED RULES Aircraft Dispatcher Certification Courses, 63061-63062 2014-25060 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations; Changes, 63142-63150 2014-25072 2014-25150 2014-25151 2014-25187 2014-25191 Flood Hazard Determinations; Final, 63152-63154 2014-25189 Major Disaster Declarations: Kentucky, 63155-63156 2014-25085 Santa Clara Pueblo;

Amendments, 63155 2014-25088 Washington; Amendment No. 1, 63155 2014-25075 Major Disasters and Related Determinations: American Samoa, 63154 2014-25073 Guam, 63154-63155 2014-25074 Montana, 63156-63157 2014-25086 New Mexico, 63157 2014-25087 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 63111-63114 2014-25061 2014-25062 2014-25063 2014-25116 2014-25117 Effectiveness of Exempt Wholesale Generator Status: Dominion Solar Gen-Tie, LLC, et al., 63115 2014-25007 Environmental Impact Statements;

Availability, etc.: Sabal Trail Transmission, LLC, Southeast Market Pipelines Project, 63115-63117 2014-25066 Filings: Oncor Electric Delivery Co., LLC, 63117 2014-25119 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Erie Power, LLC, 63118 2014-25064 Terra-Gen Energy Services, LLC, 63117-63118 2014-25118 Meetings: Yuba County Water Agency, Yuba River Hydroelectric Project; Technical Meeting, 63118 2014-25008 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highways:

California, 63209-63210 2014-25099 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 63121 2014-25149 Ocean Transportation Intermediary Licenses; Applicants, 63122 2014-25123 Ocean Transportation Intermediary Licenses; Reissuances, 63122 2014-25124 Ocean Transportation Intermediary Licenses; Revocations and Surrenders, 63122-63123 2014-25122 Federal Motor Federal Motor Carrier Safety Administration RULES Emergency Relief Exemptions Pursuant to the Reliable Home Heating Act;

Amendments, 63057-63059 2014-25127 NOTICES Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 63210-63211, 63214-63220 2014-25128 2014-25129 2014-25134 Vision, 63211-63214 2014-25126 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 63123 2014-25009 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Migratory Birds and Wetlands Conservation Grant Programs, 63159-63161 2014-25108 Environmental Assessments;

Availability, etc.: James River National Wildlife Refuge, Prince George County, VA; Comprehensive Conservation Plan, 63161-63163 2014-25098 Food and Drug Food and Drug Administration RULES Medical Devices: Immunology and Microbiology Devices; Classification of Nucleic Acid-Based Devices for the Detection of Mycobacterium Tuberculosis Complex, etc.., 63034-63036 2014-25049 PROPOSED RULES Color Additive Petitions: Colorcon, Inc., 63062 2014-25089 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Infant Formula Recall Regulations, 63127-63128 2014-25105 State Petitions for Exemption from Preemption, 63128-63129 2014-25106 Guidance: Circumstances that Constitute Delaying, Denying, Limiting, or Refusing a Drug Inspection, 63130 2014-25033 Migraine--Developing Drugs for Acute Treatment, 63129-63130 2014-25048 Meetings: Blood Products Advisory Committee, 63131-63132 2014-25067 Sentinel Initiative; Public Workshop, 63130-63131 2014-25053 Regulatory Review Period for Patent Extensions:

CARBON DIOXIDE LASER, 63132-63133 2014-25032 Food and Nutrition Food and Nutrition Service PROPOSED RULES Requirements for the Distribution and Control of Donated Foods, 63224-63256 2014-24613 General Services General Services Administration RULES Acquisition Regulations: Progressive Awards and Monthly Quantity Allocations, 63056-63057 2014-25158 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Services Administration Acquisition Regulation;

Zero Burden Information Collection Reports, 63123-63124 2014-25110 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

DHS Individual Complaint of Employment Discrimination, 63138-63139 2014-25055 Regional Equipment and Capabilities Exchange, 63139-63141 2014-25050 Committee Establishments: United States Secret Service Protective Mission Panel, 63141-63142 2014-25052 Industry Industry and Security Bureau NOTICES Meetings: Information Systems Technical Advisory Committee, 63079 2014-25245 Interior Interior Department See Fish and Wildlife Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Steel Nails from the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam, 63082-63083 2014-25192 Diamond Sawblades and Parts Thereof from the People's Republic of China; Court Decision Not in Harmony with Final Results of Sunset Review, 63080-63081 2014-25206 Drawn Stainless Steel Sinks from the People's Republic of China, 63079-63080 2014-25209 Stainless Steel Bar from Spain, 63081-63082 2014-25196 Requests for Applications:

International Buyer Program Calendar Year 2016, 63083-63085 2014-24677 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof, 63163-63165 2014-25059 Ningbo Topoint Outdoor Sports Co., Ltd.; Certain Archery Products and Related Marketing Materials, 63165-63166 2014-25051 Justice Department Justice Department See Antitrust Division NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63166-63167 2014-25027 Proposed Consent Decrees under the Clean Air Act, 63167 2014-25091 2014-25092 Labor Department Labor Department See Employee Benefits Security Administration See Labor Statistics Bureau See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Miner's Claim for Benefits under the Black Lung Benefits Act and Employment History, 63169-63170 2014-25057 Labor Statistics Labor Statistics Bureau NOTICES Meetings:

Bureau of Labor Statistics Technical Advisory Committee, 63170-63171 2014-25058 Merit Merit Systems Protection Board RULES Practices and Procedures, 63031-63032 2014-25212 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 63135-63138 2014-25039 2014-25036 2014-25037 Center for Scientific Review; Cancellation, 63135, 63138 2014-25038 2014-25040 Eunice Kennedy Shriver National Institute of Child Health and Human Development; Amendment, 63135 2014-25044 National Eye Institute, 63134-63135 2014-25068 National Institute of Allergy and Infectious Diseases, 63134, 63135, 63137 2014-25041 2014-25042 2014-25043 National Institute of Diabetes and Digestive and Kidney Diseases, 63134 2014-25045 National Institute of Mental Health, 63136-63137 2014-25046 Office of the Director, Program on Biosecurity and Biosafety Policy, 63133-63134 2014-25030 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Pacific Cod by Trawl Catcher Vessels in the Central Regulatory Area of the Gulf of Alaska, 63059-63060 2014-25103 PROPOSED RULES 2015 Annual Determination to Implement the Sea Turtle Observer Requirement, 63066-63077 2014-25154 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Commercial Operator's Annual Report, 63085 2014-25034 Catcher Processor Socio-cultural Study, 63087-63088 2014-25047 Contingent Valuation Surveys to Assess Value of Selected Hurricane Sandy Restoration Efforts in New York and New Jersey, 63086-63087 2014-25054 Non-Economic Valuation of Subsistence Salmon in Alaska, 63085-63086 2014-25026 Endangered and Threatened Species:

Guadalupe Fur Seal; Initiation of Status Review, 63088-63089 2014-25017 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 63175 2014-25243 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63175-63176 2014-25100 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Advanced Boiling Water Reactor, 63176 2014-25184 Advisory Committee on Reactor Safeguards Subcommittee on Planning and Procedures, 63177 2014-25183 Subcommittee on Plant License Renewal, 63176-63177 2014-25185 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Slings, 63172-63174 2014-25146 Subpart A (General Provisions) and Subpart B (Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment), 63171-63172 2014-25147 Charter Renewals: National Advisory Committee on Occupational Safety and Health, 63174 2014-25145 Meetings: Improving Chemical Facility Safety and Security; Webinars, 63174-63175 2014-25142 Patent Patent and Trademark Office RULES Renaming of Express Mail to Priority Mail Express, 63036-63044 2014-24891 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 63177-63179 2014-25014 2014-25056 Securities Securities and Exchange Commission NOTICES Applications:

BlackRock Advisors, LLC, et al., 63183-63186 2014-25083 Principal Real Estate Income Fund and ALPS Advisors, Inc., 63179-63183 2014-25082 Meetings; Sunshine Act, 63186 2014-25208 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 63198-63201 2014-25081 Chicago Mercantile Exchange, Inc., 63186-63188, 63194-63196 2014-25076 2014-25077 Miami International Securities Exchange, LLC, 63196-63198 2014-25148 New York Stock Exchange, LLC, 63191-63194 2014-25079 NYSE Arca, Inc., 63188-63191 2014-25080 NYSE MKT, LLC, 63201-63204 2014-25078 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Women's Business Council, 63204-63205 2014-25071 Disaster Declarations: Montana, 63205-63206 2014-25069 Military Reservist Economic Injury Disaster Loans: Interest Rates, 63206 2014-25070 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Report - J-NONIMMIGRANT Exchange Visitor Program, 63206 2014-25180 Designations as Global Terrorists: Hakimullah Mehsud, 63207 2014-25164 Khan Said a.k.a.

Khan Sayed, et al., 63207 2014-25173 Qari Hussain, 63207 2014-25162 Ramzi Mawafi a.k.a. Ramzi Mowafi, et al., 63206-63207 2014-25169 Sangeen Zadran, 63207 2014-25171 Meetings: U.S. National Commission for the United Nations Educational, Scientific, and Cultural Organization, 63207-63208 2014-25178 U.S.-Morocco Free Trade Agreement Environment Chapter Implementation, Working Group on Environmental Cooperation, and Public Session, 63208-63209 2014-25174 Surface Transportation Surface Transportation Board NOTICES Petitions for Declaratory Orders:

California High Speed Rail Authority, 63220 2014-25130 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board NOTICES Meetings: Advisory Council on Transportation Statistics, 63209 2014-24837 Treasury Treasury Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63220-63221 2014-25109 U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Regional Center under the Immigrant Investor Program and Supplement, 63157-63158 2014-25031 Petition for Amerasian, Widower, or Special Immigrant, 63158-63159 2014-25035 Customs U.S. Customs and Border Protection NOTICES Commercial Laboratories; Accreditations: Intertek USA, Inc., 63159 2014-25097 Veteran Affairs Veterans Affairs Department NOTICES Funding Availabilities:

Supportive Services for Veteran Families Program; Correction, 63221 2014-25096 Separate Parts In This Issue Part II Agriculture Department, Food and Nutrition Service, 63224-63256 2014-24613 Part III Environmental Protection Agency, 63258-63286 2014-24347 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. 79 204 Wednesday, October 22, 2014 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Parts 1201 and 1210 Practices and Procedures AGENCY:

Merit Systems Protection Board. ACTION: Final rule. SUMMARY: The Merit Systems Protection Board (MSPB or the Board) is adopting as final an interim rule that adapted the Board's regulations to legislative changes which created new laws applicable to the removal or transfer of Senior Executive Service employees of the Department of Veterans Affairs. DATES: *Effective:* October 22, 2014. 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 August 19, 2014, the Board published an interim final rule (79 FR 48941) that amended 5 CFR 1201.3 and added a new 5 CFR part 1210 to the Board's adjudicatory procedures in response to amendments to Federal law contained in the Veterans' Access to Care through Choice, Accountability, and Transparency Act of 2014, Public Law 113-146 (the Act). Two days later, on August 21, 2014, the Board amended the interim final rule by making certain technical corrections to definitions and citations. 79 FR 49423. As the Board explained in detail in the interim rule at 79 FR 48941-48942, section 707(a) of the Act created 38 U.S.C. 713, which contains new rules for the removal or transfer of Senior Executive Service employees of the Department of Veterans Affairs (covered SES employees) for performance or misconduct, requires expedited review of appeals of such actions by the MSPB, and limits review of such actions to a final decision issued by an MSPB administrative judge. Paragraph

(b)of section 707 of the Act requires the MSPB to develop and to put into effect expedited procedures for processing appeals filed pursuant to 38 U.S.C. 713 and to submit a report to Congress within 14 days that addresses several matters, including the steps the Board is taking to conduct the expedited review required under the Act. The Board submitted the required report to Congress on August 21, 2014. A copy of the report is available at the Board's Web site ( *www.mspb.gov* ). The MSPB received comments concerning its interim final rule from the National Employment Lawyers Association, the law firm of Passman and Kaplan, and the American Civil Liberties Union of the Nation's Capital. The comments are available to the public at the Board's Web site ( *www.mspb.gov* ). These commenters raised several concerns with the interim final rule. The commenters asked the MSPB to reconsider limitations on discovery set forth in part 1210. While the Board understands the position of the commenters, it remains convinced that broader discovery rules are incompatible with the requirement to adjudicate within 21 days cases filed under 38 U.S.C. 713. Accordingly, the Board will retain the current discovery rules, which limit the parties to 10 interrogatories, no depositions, and no second round of discovery. The Board notes that, under part 1210, the administrative judge has the discretion to allow additional discovery and alter discovery procedures when he or she deems it necessary. A commenter asked the MSPB to expand the scope of materials that an agency must disclose when taking an action covered by part 1210. The interim rule provides that an agency must supply a copy of the “response file” (all documents and evidence the agency used in making the decision to remove or transfer a covered employee). 5 CFR 1210.2(c) and 1210.5(c). The Board has concluded that the current “response file” is sufficient to inform the employee of the reasons supporting the agency action and that expanding the scope of required disclosures is not necessary because the additional information identified by the commenters can be obtained in discovery. A commenter objected to the Board's regulation imposing a rebuttable presumption in favor of the Secretary's penalty determination as inconsistent with 38 U.S.C. 713, 5 U.S.C. 7701, and Board case law. The Board respectfully disagrees with this comment. As the commenter noted, the Board's current regulation states that proof of underlying misconduct or poor performance by the agency creates a presumption that the penalty (removal or transfer) was warranted. 5 CFR 1210.18(a). An appellant may rebut this presumption by establishing that the selected penalty was unreasonable under the circumstances of the case. *Id.* In drafting part 1210, the Board sought to interpret 38 U.S.C. 713 in accordance with its plain meaning and Congressional intent. Consistent with these considerations, part 1210 requires the Department of Veterans Affairs to prove its charges of misconduct and poor performance by preponderant evidence, as required in appeals filed at the Board under 5 U.S.C. 7701. The commenter correctly notes that the penalty analysis set forth in part 1210 differs from the penalty analysis the Board employs in other appeals. Generally, the Board requires that an agency prove by preponderant evidence that the penalty promotes the efficiency of the service and is reasonable. In so doing, the Board reviews an agency-imposed penalty to determine if the agency considered all the relevant factors and exercised management discretion within tolerable limits of reasonableness. *Douglas* v. * Veterans Admin.,* 5 M.S.P.R. 280, 306 (1981). However, under 38 U.S.C. 713(a)(1), “[t]he Secretary may remove an individual from a Senior Executive Service position . . . if the Secretary determines the performance or misconduct of the individual warrants such removal.” The Board has interpreted this unqualified language as granting the Secretary of the Department of Veterans Affairs broad discretion in selecting the appropriate penalty for proven misconduct or poor performance. In order to afford appropriate deference to the Secretary's penalty decision, while at the same time preserving the Board's ultimate authority to review such a determination in an appeal filed with the Board, the Board has interpreted 38 U.S.C. 713 as requiring the use of a rebuttable presumption in favor of a penalty selected by the Secretary. Applying the penalty analysis employed in other MSPB appeals to appeals filed under 38 U.S.C. 713 would be inappropriate, as the law governing other appeals simply does not require the deference required under 38 U.S.C. 713. A commenter asked the MSPB to amend part 1210 to state that filing an appeal with the MSPB under section 707 of the Act is not an election of remedies barring pursuit of other statutory or regulatory appeal or complaint processes, such as filing an equal employment opportunity complaint, an individual right of action appeal, and claims under the Uniformed Services Employment and Reemployment Rights Act. The Board will not address this issue because it believes that such legal issues should initially be addressed through normal litigation processes. In addition, part 1210 is intended primarily to create procedures that will enable MSPB administrative judges to decide cases filed under 38 U.S.C. 713 within 21 days as required by that statute. The election of remedies issue presented by the commenter was not addressed in the interim rule and addressing this issue now will not further serve the purpose for which the Board promulgated part 1210. A commenter asked the Board to amend its regulations to state that a decision issued under part 1210 would have no res judicata effect in any other type of action because an MSPB decision on an appeal filed under 38 U.S.C. 713 will not satisfy due process requirements. The Board will not include such a statement in part 1210. The Board has no authority to determine the legal effect of its decisions in other fora. In addition, the Board has stated that it lacks the authority to determine the constitutionality of a statute. *Brooks* v. *Office of Pers. Mgmt.,* 59 M.S.P.R. 207, 215 n. 7 (1993). A commenter urged the MSPB to add a new regulation requiring the Department of Veterans Affairs to pay for a complete hearing transcript in all cases decided under part 1210. The commenter further suggested that the Board amend part 1210 to mandate that the hearing transcript and all hearing exhibits be sent to the Department of Veterans Affairs Inspector General and House and Senate oversight committees. The Board has considered this proposal but will not amend its regulations as requested. A copy of the hearing compact disc, hearing transcript (to the extent a hearing transcript is contained in the Board's files), and all hearing exhibits can be made available to interested parties as permitted under Federal law, including, but not limited to, the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended, 5 CFR parts 1204 and 1205, and 5 CFR 1201.53. The Board notes that the final decisions in all appeals decided under part 1210 will be available for public review in the same manner as Board final decisions in other types of appeals. A commenter asked the MSPB to amend its regulations to ensure that each side will have sufficient and equal time to present their cases, despite statutorily-required time constraints on completion of the appeal. The Board expects that its administrative judges will ensure that the parties are given a fair opportunity to present evidence and that the requested regulatory change is therefore unnecessary. A commenter suggested that in view of the limitations that part 1210 places on discovery and the inability of the three-member Board at MSPB headquarters in Washington, DC, to review an administrative judge's evidentiary rulings, the Board should amend part 1210 to allow greater latitude in the scope of witness examination and include a requirement that administrative judges should avoid excluding evidence or witness testimony to the greatest extent possible. The Board does not believe that such additional requirements are necessary. Given the statutorily-required time limits in covered appeals, MSPB administrative judges must be allowed to limit the introduction of irrelevant or duplicative evidence as they do under normal Board procedures. The Board has a high degree of confidence in the ability of its administrative judges to fairly conduct the expedited review required under 38 U.S.C. 713. A commenter asked the Board to amend its regulations to state that section 707 of the Act in no way modifies the Special Counsel's prosecutorial authority under 5 U.S.C. 1215. The Board will not address this issue because, as noted above, it believes that such legal issues should initially be addressed through the normal litigation process. In addition, part 1210 is intended primarily to create procedures that will enable MSPB administrative judges to decide appeals filed under 38 U.S.C. 713 within 21 days, as required by the Act. Addressing the issue presented by the commenter will not further that goal. A commenter suggested that MSPB should amend its regulations to require the agency to file a protective order when it refuses to reply to a discovery request. The commenter suggested that such a procedure would be quicker and more efficient than requiring an appellant to file a motion to compel discovery. While the Board understands how this proposal could perhaps speed the resolution of certain discovery disputes, the Board believes that its current discovery procedures have generally proven to work well and will allow the parties ample time to resolve discovery disputes. However, to the extent that timely completion of discovery is identified as a problem in cases brought under part 1210, the Board may reconsider this proposal as a means of speeding completion of discovery. A commenter asked the MSPB to amend its regulations to allow parties to seek modification of exhibit and witness lists in response to discovery requests. As noted earlier, MSPB administrative judges fully appreciate the practical difficulties facing the parties as they assemble and present a case within the 21-day deadline mandated by the Act and the Board expects its administrative judges to allow timely requests to modify exhibit and witness lists. As of the date of submission of this final rule for publication in the **Federal Register** , no appeals have been filed with the Board under 38 U.S.C. 713. The Board may reexamine part 1210 procedures in light of actual experience and will, if necessary, seek additional comment on its procedures and/or propose amendments to part 1210. List of Subjects in 5 CFR Parts 1201 and 1210 Administrative practice and procedure. William D. Spencer, Clerk of the Board. Corrected Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 5 CFR Parts 1201 and 1210, which was published at 79 FR 48941 on August 19, 2014, 2014, and subsequently corrected at 79 FR 49423 on August 21, 2014, is adopted as a final rule without change. [FR Doc. 2014-25212 Filed 10-21-14; 8:45 am]

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