Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-05-05.xml --- 81 87 Thursday, May 5, 2016 Contents Agriculture Agriculture Department See Forest Service Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Privacy Act; Systems of Records, 27104-27106 2016-10501 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27134-27137 2016-10507 2016-10534 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2016-10509 27138-27139 2016-10510 Meetings: Administration for Native Americans, 27138 2016-10525 Coast Guard Coast Guard RULES Anchorage Regulations: Delaware River, Philadelphia, PA, 27015-27017 2016-10577 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Privacy Act; Systems of Records, 27083-27085 2016-10541 Defense Department Defense Department NOTICES Arms Sales, 27122-27126 2016-10562 2016-10551 Charter Renewals:

Federal Advisory Committees, 27124-27125 2016-10563 National Environmental Policy Act Implementing Procedures, 27107-27122 2016-10376 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preferred Lender Arrangements, 27126-27127 2016-10544 Streamlined Clearance Process for Discretionary Grants, 27127-27128 2016-10512 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Domestic Agricultural In-Season Wage Report, and Wage Survey Interview Record, 27175-27176 2016-10536 Energy Department Energy Department RULES Energy Conservation Programs: Establishment of Procedures for Requests for Correction of Errors in Rules, 26998-27006 2016-03190 PROPOSED RULES Energy Conservation Program: Test Procedures for Compressors, 27220-27260 2016-10170 Opportunity to Submit a Petition to Amend the Rule Establishing Procedures for Requests for Correction of Errors in Rules, 27054 2016-10463 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 27128 2016-10537 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Idaho: Interstate Transport Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standards, 27017-27019 2016-10452 Exemption from the Requirement of a Tolerance: Butanedioic acid, 2-sulfo-, C-C9-11-isoalkyl esters, C10-rich, disodium salts, 27025-27030 2016-10582 Pesticide Tolerances:

Fluxapyroxad, 27019-27025 2016-10581 NOTICES Emergency Exemptions; Applications: Sulfoxaflor, 27129-27130 2016-10584 Meetings: Chemical Safety Advisory Committee; Notice of Changes to Public Meeting on 1-bromopropane, 27128 2016-10583 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Airbus Helicopters Deutschland GmbH Helicopters, 27057-27059 2016-10285 Bell Helicopter Textron, 27055-27057 2016-10523 Federal Deposit Federal Deposit Insurance Corporation NOTICES Receiverships;

Terminations: 10362, First National Bank of Central Florida, Winter Park, FL, 27130 2016-10569 First Priority Bank, Bradenton, FL, 27130 2016-10530 Federal Emergency Federal Emergency Management Agency NOTICES Assistance to Firefighters Grant Program: Fire Prevention and Safety Grants, 27159-27164 2016-10481 Final Flood Hazard Determinations, 27155-27157 2016-10482 2016-10486 Major Disaster Declarations: Iowa; Amendment No. 4, 27153-27154 2016-10490 Louisiana; Amendment No. 7, 27158 2016-10491 Mississippi;

Amendment No. 3, 27157 2016-10497 Mississippi; Amendment No. 4, 27156 2016-10495 Mississippi; Amendment No. 5, 27154 2016-10494 Nebraska; Amendment No. 4, 27157-27158 2016-10488 Texas, 27154 2016-10487 Texas; Amendment No. 4, 27165 2016-10493 Proposed Flood Hazard Determinations, 27158-27159 2016-10484 Federal Highway Federal Highway Administration NOTICES Revision of Thirteen Controlling Criteria for Design and Documentation of Design Exceptions, 27187-27191 2016-10299 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 27130-27134 2016-10557 2016-10558 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 27130 2016-10518 Fish Fish and Wildlife Service RULES Refuge-Specific Regulations; Public Use: Kenai National Wildlife Refuge, 27030-27048 2016-10288 NOTICES Endangered and Threatened Wildlife and Plants: Permit Applications; Correction, 27167-27168 2016-10528 Recovery Plan for Winkler Cactus and San Rafael Cactus, 27166-27167 2016-10517 Endangered Species;

Permits, 27169-27170 2016-10519 Endangered Species; Permits: Marine Mammals; Emergency Exemption, 27170-27171 2016-10520 Food and Drug Food and Drug Administration PROPOSED RULES Guidance: Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods: Part II (Menu Labeling Requirements in Accordance with the Patient Protection Affordable Care Act of 2010), 27067-27068 2016-10462 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Registration of Food Facilities under the Public Health Security and Bioterrorism Preparedness and Response Act, 27140-27143 2016-10559 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities: Foreign-Trade Zone 76 - Bridgeport, CT, 27085-27086 2016-10626 Forest Forest Service NOTICES Meetings: Southern New Mexico Resource Advisory Committee, 27083 2016-10531 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention 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 Deviation from Competition Requirements:

Ryan White HIV/AIDS Program Resource and Technical Assistance Center for HIV Prevention and Care for Black MSM, 27143 2016-10533 Meetings: Advisory Committee on Interdisciplinary, Community-Based Linkages, 27146-27147 2016-10550 Providing Support for the Collaborative Improvement and Innovation Network to Reduce Infant Mortality, 27145-27146 2016-10514 Recruitment of Sites for Assignment of Corps Personnel Obligated under the National Health Service Corps Scholarship Program, 27143-27145 2016-10527 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Customs and Border Protection Housing Housing and Urban Development Department NOTICES Housing Trust Fund Allocations, 27165-27166 2016-10508 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Private Rental Survey, 27171-27172 2016-10502 Requests for Nominations: Exxon Valdez Oil Spill Public Advisory Committee, 27172 2016-10492 Internal Revenue Internal Revenue Service RULES Additional Limitation on Suspension of Benefits Applicable to Certain Pension Plans under the Multiemployer Pension Reform Act, 27011-27015 2016-10560 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2016-10570 27191-27198, 27214-27217 2016-10571 2016-10572 2016-10573 2016-10574 2016-10586 2016-10587 2016-10604 2016-10605 2016-10606 Low Income Taxpayer Clinic Grant Program 2017 Application Package, 27195-27196 2016-10603 Meetings: Taxpayer Advocacy Panel Joint Committee, 27194 2016-10615 Taxpayer Advocacy Panel Notices and Correspondence Project Committee, 27214 2016-10614 Taxpayer Advocacy Panel Special Projects Committee, 27194-27195 2016-10618 Taxpayer Advocacy Panel Tax Forms and Publications Project Committee, 27215-27216 2016-10617 Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project Committee, 27194 2016-10616 Taxpayer Advocacy Panel Taxpayer Communications Project Committee, 27214-27215 2016-10619 Taxpayer Advocacy Panel Toll-Free Phone Line Project Committee, 27196 2016-10576 Quarterly Publication of Individuals, Who Have Chosen to Expatriate, as Required by Section 6039G, 27198-27214 2016-10578 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Carbon and Alloy Steel Cut-To-Length Plate from Austria, Belgium, Brazil, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, the People's Republic of China, South Africa, Taiwan, and the Republic of Turkey, 27089-27098 2016-10627 Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil, the People's Republic of China, and the Republic of Korea, 27098-27104 2016-10631 Large Power Transformers from the Republic of Korea, 27088-27089 2016-10632 Polyethylene Retail Carrier Bags from Indonesia, Malaysia, the People's Republic of China, Taiwan, Thailand, and the Socialist Republic of Vietnam, 27087-27088 2016-10625 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Dell Inc.: Certain Audio Processing Hardware and Software and Products Containing Same, 27173-27174 2016-10575 Justice Department Justice Department See Parole Commission PROPOSED RULES Privacy Act; Implementation, 27288-27290 2016-10119 NOTICES Privacy Act; Systems of Records, 27284-27287 2016-10120 Proposed Consent Decrees under CERCLA, 27174-27175 2016-10503 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Plats of Surveys:

Oregon/Washington, 27172-27173 2016-10516 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 27148-27149 2016-10465 Center for Scientific Review; Correction, 27147 2016-10466 National Arthritis and Musculoskeletal and Skin Diseases, 27148 2016-10459 National Heart, Lung, and Blood Institute, 27147-27148 2016-10456 National Institute on Aging, 2016-10457 27147 2016-10458 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries off West Coast States:

Pacific Coast Groundfish Fishery Management Plan; Trawl Rationalization Program; Flow Scale Requirements, 27006-27011 2016-10476 NOTICES Meetings: Marine Protected Areas Federal Advisory Committee, 27104 2016-10532 National Science National Science Foundation NOTICES Meetings: Proposal Reviews, 27176 2016-10515 Office Special Office of the Special Counsel PROPOSED RULES Freedom of Information Act Requests and Touhy Regulations Governing Release of Information in Response to Legal Proceedings, 27049-27054 2016-09799 Parole Parole Commission NOTICES Meetings;

Sunshine Act, 2016-10654 27175 2016-10655 Personnel Personnel Management Office RULES Federal Employees' Group Life Insurance Program: Options B and C, 26997-26998 2016-10539 NOTICES Meetings: President's Commission on White House Fellowships Advisory Committee, 27176 2016-10549 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 27177 2016-10639 Product Changes: First-Class Package Service Negotiated Service Agreement, 27177 2016-10499 Priority Mail and First-Class Package Service Negotiated Service Agreement, 27177 2016-10500 Priority Mail Negotiated Service Agreement, 2016-10480 27176-27178 2016-10485 2016-10489 2016-10496 2016-10498 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Syria;

Continuation of National Emergency (Notice of May 3, 2016), 27291-27294 2016-10771 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Continued Implementation of the 2008 Operating Agreement for the Rio Grande Project, New Mexico and Texas, 27173 2016-10526 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 27178 2016-10474 Self-Regulatory Organizations; Proposed Rule Changes: Depository Trust Co., 27181-27183 2016-10473 NYSE Arca, Inc., 27178-27180 2016-10471 NYSE MKT, LLC, 27184-27186 2016-10472 Suspension of Trading Orders:

Solarbrook Water and Power Corp., 27180 2016-10677 Social Social Security Administration PROPOSED RULES Implementation of the NICS Improvement Amendments Act of 2007, 27059-27067 2016-10424 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Bestowing Beauty: Masterpieces from the Hossein Afshar Collection, 27186 2016-10547 Graphic Masters: Durer, Rembrandt, Hogarth, Goya, Picasso, R. Crumb, 27186 2016-10548 Surface Transportation Surface Transportation Board PROPOSED RULES Unites States Rail Service Issues:

Performance Data Reporting, 27069-27082 2016-10442 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration Treasury Treasury Department See Internal Revenue Service NOTICES Meetings: Federal Advisory Committee on Insurance, 27217 2016-10621 Customs U.S. Customs and Border Protection NOTICES National Customs Automation Program Tests: Submission through the Automated Commercial Environment of Certain Import Data and Documents Required by the U.S.

Fish and Wildlife Service, 27149-27153 2016-10522 U.S. Sentencing United States Sentencing Commission NOTICES Sentencing Guidelines for United States Courts, 27262-27281 2016-10431 Separate Parts In This Issue Part II Energy Department, 27220-27260 2016-10170 Part III United States Sentencing Commission, 27262-27281 2016-10431 Part IV Justice Department, 27284-27290 2016-10119 2016-10120 Part V Presidential Documents, 27291-27294 2016-10771 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, 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. 81 87 Thursday, May 5, 2016 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 870 RIN 3206-AM96 Federal Employees' Group Life Insurance Program: Options B and C AGENCY: U.S. Office of Personnel Management. ACTION:

Final rule. SUMMARY: The U.S. Office of Personnel Management

(OPM)is issuing a final rule to amend the Federal Employees' Group Life Insurance (FEGLI) regulation to provide a second reduction election opportunity for annuitants and compensationers enrolled in FEGLI Option B and Option C. This new procedure replaces the procedure by which FEGLI enrollees elect the allowable multiples of coverage they wish to continue during retirement or while receiving compensation. DATES: Effective May 5, 2016. ADDRESSES: Send written comments to Ronald Brown, Planning and Policy Analysis, U.S. Office of Personnel Management, Room 4312, 1900 E Street NW., Washington, DC 20415. You may also submit comments using the *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: Ronald Brown, Policy Analyst,

(202)606-0004, or by email to *Ronald.Brown@opm.gov.* SUPPLEMENTARY INFORMATION: On October 30, 1998, Public Law 105-311,112 Stat. 2950, was signed into law. This law, the Federal Employees Life Insurance Improvement Act, changed many parts of the FEGLI Program. Before the enactment of Public Law 105-311, Option B and C coverage began to reduce for annuitants when they reached age 65. Both coverages reduced by 2% per month until there was no coverage left. This reduction was automatic, and annuitants had no choice. Public Law 105-311 allows annuitants and persons becoming insured as compensationers to make an election at retirement as to whether they want their Option B and Option C coverage to reduce. Previous FEGLI regulations provided that shortly before an individual's 65th birthday, he/she would receive a reminder notice, showing what reduction the annuitant/compensationer elected at the time of retirement and what the premiums would be for coverage beyond age 65. The individual then had an opportunity to change his/her reduction election; including choosing to have some multiples of Optional insurance reduce and others not reduce. For persons who were already over age 65 at the time of retirement or becoming insured as a compensationer, the reminder notice was sent as soon as the retirement processing was completed. On October 1, 2010, OPM published FEGLI final regulations (75 FR 60573) with miscellaneous changes, clarifications, and corrections, including a change made to 5 CFR 870.705(b) and 870.705(d) ending the reduction election opportunity at age 65. OPM published a FEGLI proposed rule in the **Federal Register** , 78 FR 77365, December 23, 2013, proposing to reverse the changes to 5 CFR 870.705(b) and 870.705(d) authorized on October 1, 2010, and inviting public comments. The December 23, 2013 rule proposed to restore the second election opportunity for annuitants and compensationers who attain age 65. OPM received no comments and will implement the rule as proposed. Changes Public Law 105-311, the Federal Employees Life Insurance Improvement Act, 112 Stat. 2950, enacted October 30, 1998, amended chapter 87 of title 5, U.S. Code, to allow retiring employees to elect either No Reduction or Full Reduction for their Option B and Option C coverage. This election was to be made at the time of retirement, the same as the election for Basic insurance. Implementing this provision required programming changes to the electronic records system for annuitants to allow for “mixed” elections, *i.e.,* electing reductions for some coverage, but not for other coverage. While these system changes were being made, annuitants were required to elect either No Reduction or Full Reduction for all Option B and Option C multiples at the time of retirement. Then, shortly before the annuitant's 65th birthday, the insured was given a second opportunity to make a reduction election, this time being allowed to choose No Reduction for some multiples and Full Reduction for others. While the law states that the reduction election must be made at the time of retirement, enrollees affected by this provision have expressed interest in having a second reduction election opportunity. Thus, we are restoring the opportunity for a second election at age 65. This change can be found in § 870.705(b) and § 870.705(d). Regulatory Impact Analysis OPM has examined the impact of this rule as required by Executive Order 12866 and Executive Order 13563, which directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public, health, and safety effects, distributive impacts, and equity). A regulatory impact analysis must be prepared for major rules with economically significant effects of $100 million or more in any one year. This rule is not considered a major rule because there will be a minimal impact on costs to Federal agencies. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because the regulation only affects life insurance benefits of Federal employees and retirees. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. Federalism We have examined this rule in accordance with Executive Order 13132, Federalism, and have determined that this rule will not have any negative impact on the rights, roles and responsibilities of State, local, or tribal governments. List of Subjects in 5 CFR Part 870 Administrative practice and procedure, Government employees, Life insurance, Retirement. U.S. Office of Personnel Management. Beth F. Cobert, Acting Director. Accordingly, OPM is amending 5 CFR part 870 as follows: PART 870—FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM 1. The authority citation for 5 CFR part 870 is revised to read as follows: Authority: 5 U.S.C. 8716; Subpart J also issued under section 599C of Pub. L. 101-513, 104 Stat. 2064, as amended; Sec. 870.302(a)(3)(ii) also issued under section 153 of Pub. L. 104-134, 110 Stat. 1321; Sec. 870.302(a)(3) also issued under sections 11202(f), 11232(e), and 11246(b) and

(c)of Pub. L. 105-33, 111 Stat. 251, and section 7(e) of Pub. L. 105-274, 112 Stat. 2419; Sec. 870.302(a)(3) also issued under section 145 of Pub. L. 106-522, 114 Stat. 2472; Secs. 870.302(b)(8), 870.601(a), and 870.602(b) also issued under Pub. L. 110-279, 122 Stat. 2604; Subpart E also issued under 5 U.S.C. 8702(c); Sec. 870.601(d)(3) also issued under 5 U.S.C. 8706(d); Sec. 870.703(e)(1) also issued under section 502 of Pub. L. 110-177, 121 Stat. 2542; Sec. 870.705 also issued under 5 U.S.C. 8714b(c) and 8714c(c); Public Law 104-106, 110 Stat. 521. Subpart G—Annuitants and Compensationers 2. Amend § 870.705 by revising paragraph (b)(3)(ii), adding paragraph (b)(4), and revising paragraph (d)(1)(i) to read as follows: § 870.705 Amount and election of Option B and Option C.

(b)* * *

(3)* * *

(ii)Except as provided in paragraph (b)(4) of this section, after reaching age 65, an annuitant or compensationer cannot change from Full Reduction to No Reduction. (4)(i) Shortly before an annuitant or compensationer's 65th birthday, an annuitant's retirement system will send a reminder about the post-age-65 reduction election he/she made and will offer the individual a chance to change the initial election made at the time of retirement.

(ii)If the individual is already 65 or older at the time of retirement or becoming insured as a compensationer, the retirement system will process the retirement using the current Continuation of Life Insurance Coverage (SF 2818) on file, send the reminder, and give the opportunity to change the election as soon as the retirement processing or compensation transfer is complete.

(iii)If the individual assigned his/her insurance as provided in subpart I of this part, and if the employee elected No Reduction for Option B coverage at the time of retirement or becoming insured as a compensationer, the retirement system will send the reminder notice for Option B coverage to the assignee.

(iv)An annuitant or compensationer who wishes to change his/her reduction election must return the notice by the end of the month following the month in which the individual turns 65, or if already over age 65, by the end of the 4th month after the date of the letter. An annuitant or compensationer who does not return the election notice will keep his/her initial election or the default election, as applicable. (d)(1) * * *

(i)Annuitants and compensationers who were under age 65 were notified of the option to elect No Reduction. The retirement system will send these individuals an actual election notice before their 65th birthday, as provided in paragraph (b)(4) of this section. [FR Doc. 2016-10539 Filed 5-4-16; 8:45 am]

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