Unknown. Final rule

3,125 words·~14 min read·/register/2016/08/25/2016-20186

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-2016-08-25.xml --- 81 165 Thursday, August 25, 2016 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service See Office of Advocacy and Outreach AIRFORCE Air Force Department NOTICES Environmental Impact Statements; Availability, etc.: Nevada Test and Training Range Military Land Withdrawal at Nellis Air Force Base, NV, 58496-58497 2016-20401 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Untreated Oranges, Tangerines, and Grapefruit from Mexico Transiting the United States to Foreign Countries; Revision and Extension, 58468-58469 2016-20496 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58511-58514 2016-20333 2016-20366 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Assessing the Implementation and Cost of High Quality Early Care and Education—Comparative Multi-Case Study, 58515-58516 2016-20386 Statements of Organization, Functions, and Delegations of Authority, 58514-58515 2016-20400 Coast Guard Coast Guard RULES Drawbridge Operations: Columbia River, Portland, OR and Vancouver, WA, 58395 2016-20368 Reynolds Channel, Nassau County, NY, 58395 2016-20372 Security Zones: U.S. Navy/U.S. Coast Guard Assets Demonstration in Conjunction with Fleet Week San Diego, San Diego Bay, San Diego, CA, 58395-58397 2016-20432 Special Local Regulations:

San Diego Bayfair, Mission Bay, San Diego, CA, 58394 2016-20426 San Diego Maritime Museum Tall Ship Festival of Sail, San Diego Bay, CA, 58394 2016-20422 NOTICES Requests for Nominations: National Maritime Security Advisory Committee, 58526 2016-20384 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Diversity Self-Assessment Template for Entities Regulated by the OCC, 58553-58554 2016-20387 Defense Department Defense Department See Air Force Department RULES Federal Acquisition Regulation: Fair Pay and Safe Workplaces, 58562-58651 2016-19676 Federal Acquisition Circular 2005-90; Small Entity Compliance Guide, 58652 2016-19677 Federal Acquisition Circular 2005-90; Introduction, 58562 2016-19675 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 58497 2016-20370 Energy Department Energy Department See Western Area Power Administration Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Indiana; RACM Determination for Indiana Portion of the Cincinnati-Hamilton 1997 Annual PM <sup>2.5</sup> Nonattainment Area, 58402-58405 2016-20312 North Carolina; Regional Haze Progress Report, 58400-58402 2016-20309 Virgin Islands;

Sewage Sludge Incinerators; Designated Facilities and Pollutants, 58405-58407 2016-20307 Wyoming; Emission Inventory Rule for 2008 Ozone NAAQS and Revisions to Incorporation by Reference, 58397-58400 2016-20315 Pesticide Tolerances: Natamycin; Exemption, 58407-58410 2016-20409 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Indiana; RACM Determination for Indiana Portion of the Cincinnati-Hamilton 1997 Annual PM <sup>2.5</sup> Nonattainment Area, 58435 2016-20311 North Dakota;

Revisions to Air Pollution Control Rules, 58438-58442 2016-20320 Pennsylvania; Pittsburgh-Beaver Valley; Determination of Attainment by the Attainment Date for the 2008 Ozone National Ambient Air Quality Standards, 58435-58438 2016-20313 Virgin Islands; Sewage Sludge Incinerators; Designated Facilities and Pollutants, 58442 2016-20304 Wyoming; Emission Inventory Rule for 2008 Ozone NAAQS and Revisions to Incorporation by Reference, 58434 2016-20316 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Information Requirements for Boilers and Industrial Furnaces, 58510 2016-20321 Meetings: Local Government Advisory Committee, 58510-58511 2016-20408 Federal Aviation Federal Aviation Administration RULES Class E Airspace; Establishment: Dupree, SD, 58382-58383 2016-20145 Slaton, TX, 58383-58384 2016-20144 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 58384-58394 2016-20290 2016-20293 2016-20295 2016-20296 PROPOSED RULES Class E Airspace;

Amendment: Levelland, Vernon and Winters, TX, 58417-58419 2016-20152 Marion, Portsmouth, Van Wert and Versailles, OH, 58413-58414 2016-20124 Paragould, AR, 58414-58416 2016-20137 Class E Airspace; Establishment: Silver Springs, NV, 58416-58417 2016-20117 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Anti-Drug Program for Personnel Engaged in Specific Aviation Activities, 58549-58550 2016-20010 Aviation Medical Examiner Program, 58550 2016-20015 Meetings:

RTCA Program Management Committee, 58549 2016-20373 Federal Deposit Federal Deposit Insurance Corporation RULES Removal of FDIC Regulations Regarding Fair Credit Reporting Transferred to the Consumer Financial Protection Bureau; Correction, 58382 2016-20328 Federal Emergency Federal Emergency Management Agency NOTICES Meetings: National Advisory Council, 58526-58527 2016-20326 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 58511 2016-20318 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings;

Sunshine Act, 58550 2016-20492 Financial Crimes Financial Crimes Enforcement Network PROPOSED RULES Customer Identification Programs, Anti-Money Laundering Programs, and Beneficial Ownership Requirements for Banks Lacking a Federal Functional Regulator, 58425-58434 2016-20219 Food and Drug Food and Drug Administration PROPOSED RULES Guidance: Classification of Activities as Harvesting, Packing, Holding, or Manufacturing and Processing for Farms and Facilities, 58421-58422 2016-20301 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Preparing a Claim of Categorical Exclusion or an Environmental Assessment for Submission to the Center for Food Safety and Applied Nutrition, 58517-58519 2016-20369 Guidance: Abbreviated New Drug Application Submissions—Refuse to Receive for Lack of Justification of Impurity Limit, 58516-58517 2016-20399 Current Good Manufacturing Practice Requirements for Food for Animals, 58519-58520 2016-20300 Human Food By-Products for Use as Animal Food, 58521-58522 2016-20302 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 58469-58470 2016-20371 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: Carrier InterAmerica Corp., Foreign-Trade Zone 281, Miami, FL, 58472 2016-20327 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Black Hills National Forest, SD and WY, Black Hills Resilient Landscapes Project, 58470-58472 2016-20382 General Services General Services Administration RULES Federal Acquisition Regulation:

Fair Pay and Safe Workplaces, 58562-58651 2016-19676 Federal Acquisition Circular 2005-90; Small Entity Compliance Guide, 58652 2016-19677 Federal Acquisition Circular 2005-90; Introduction, 58562 2016-19675 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 National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S.

Immigration and Customs Enforcement Industry Industry and Security Bureau NOTICES Meetings: President's Export Council Subcommittee on Export Administration, 58472 2016-20335 Interior Interior Department See Land Management Bureau International Trade Adm International Trade Administration PROPOSED RULES Modification of Regulations Regarding Basis for Normal Value, 58419-58421 2016-20417 NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Corrosion-Resistant Steel Products from India, Italy, the People's Republic of China, the Republic of Korea, and Taiwan;

Correction, 58475-58476 2016-20429 Drawn Stainless Steel Sinks from the People's Republic of China, 58474-58475 2016-20428 Potassium Permanganate from the People's Republic of China, 58476-58477 2016-20423 Meetings: President's Export Council, 58472-58473 2016-20294 U.S.-EU Safe Harbor Framework Self-Certification, 58473-58474 2016-20421 International Trade Com International Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Miscellaneous Tariff Bill Petition System, 58531-58532 2016-20406 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Inkjet Printers, Printheads, and Ink Cartridges, Components Thereof, and Products Containing the Same, 58532-58533 2016-20331 Certain Resealable Packages with Slider Devices, 58530-58531 2016-20357 Hot-Rolled Carbon Steel Flat Products from Russia, 58531 2016-20334 Labor Department Labor Department See Mine Safety and Health Administration See Occupational Safety and Health Administration See Workers Compensation Programs Office RULES Guidance:

Fair Pay and Safe Workplaces, 58654-58768 2016-19678 NOTICES Senior Executive Service; Appointment of Members to the Performance Review Board, 58533 2016-20415 Land Land Management Bureau NOTICES Plats of Survey: California, 58529-58530 2016-20388 Oregon/Washington, 58529 2016-20380 Management Management and Budget Office NOTICES Sequestration Update Report to the President and Congress for Fiscal Year 2017, 58537 2016-20323 Mine Mine Safety and Health Administration PROPOSED RULES Examinations of Working Places in Metal and Nonmetal Mines, 58422-58424 2016-20395 Exposure of Underground Miners to Diesel Exhaust, 58424-58425 2016-20396 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation:

Fair Pay and Safe Workplaces, 58562-58651 2016-19676 Federal Acquisition Circular 2005-90; Small Entity Compliance Guide, 58652 2016-19677 Federal Acquisition Circular 2005-90; Introduction, 58562 2016-19675 National Archives National Archives and Records Administration NOTICES Records Schedules, 58537-58539 2016-20355 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decision of Inconsequential Noncompliance: Tireco, Inc., 58550-58553 2016-20330 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Health Information National Trends Survey V, 58525-58526 2016-20345 Study to Estimate Radiation Doses and Cancer Risks from Radioactive Fallout from the Trinity Nuclear Test, 58522-58523 2016-20344 Meetings: National Cancer Institute, 58524-58525 2016-20346 National Institute of General Medical Sciences, 58523-58524 2016-20348 National Institute on Aging Board of Scientific Counselors, 58523 2016-20347 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Snapper-Grouper Fishery of the South Atlantic; South Atlantic Golden Tilefish; Recreational Accountability Measure and Closure, 58411 2016-20412 Snapper-Grouper Resources of the South Atlantic: Trip Limit Reduction, 58411-58412 2016-20414 International Fisheries: Western and Central Pacific Fisheries for Highly Migratory Species; Closure of Purse Seine Fishery in the Effort Limit Area for Purse Seine in 2016, 58410-58411 2016-20420 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Reef Fish Fishery of the Gulf of Mexico; Amendment 45, 58466-58467 2016-20404 Takes of Marine Mammals Incidental to Specified Activities: Rehabilitation of the Jetty System at the Mouth of the Columbia River—Jetty A, North Jetty, and South Jetty, in Washington and Oregon, 58443-58466 2016-20018 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fishery Products Subject to Trade Restrictions Pursuant to Certification under the High Seas Driftnet Fishing Moratorium Protection Act, 58494-58495 2016-20402 Meetings:

Permanent Advisory Committee to Advise the U.S. Commissioners to the Western and Central Pacific Fisheries Commission, 58495-58496 2016-20405 Takes of Marine Mammals Incidental to Specified Activities: Maintenance, Repair, and Decommissioning of a Liquefied Natural Gas Facility off Massachusetts, 58478-58494 2016-20407 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58539-58540 2016-20359 2016-20367 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemptions:

South Carolina Electric and Gas Co. and South Carolina Public Service Authority; Virgil C. Summer Nuclear Station, Units 2 and 3, 58540-58542 2016-20393 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: Federal Advisory Council on Occupational Safety and Health, 58533-58535 2016-20358 Advocacy Outreach Office of Advocacy and Outreach NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58468 2016-20390 Personnel Personnel Management Office RULES Federal Employees Health Benefits Program and Federal Employees Dental and Vision Insurance Program:

Excepted Service and Pathways Programs Miscellaneous Clarifications and Corrections, 58381-58382 2016-20186 Postal Service Postal Service NOTICES Privacy Act; Systems of Records, 58542-58544 2016-20189 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: 100th Anniversary of the National Park Service (Proc. 9475), 58803-58806 2016-20587 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Miami International Securities Exchange LLC, 58770-58801 2016-20213 Social Social Security Administration NOTICES Modifications to the Disability Determination Procedures:

Extension of Testing of Some Disability Redesign Features, 58544 2016-20253 State Department State Department NOTICES Meetings: Foreign Affairs Policy Board, 58545 2016-20410 Tennessee Tennessee Valley Authority NOTICES Meetings: Regional Resource Stewardship Council, 58545 2016-20379 Trade Representative Trade Representative, Office of United States NOTICES 2016 Special 301 Out-of-Cycle Review of Notorious Markets, 58545-58547 2016-20325 Hearings: Initiation of the 2016 and 2017 Annual Generalized System of Preferences Product and Country Practices Review, etc., 58547-58549 2016-20054 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Aviation Security Customer Satisfaction Performance Measurement Passenger Survey, 58528-58529 2016-20398 Treasury Treasury Department See Comptroller of the Currency See Financial Crimes Enforcement Network Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Candidate Questionnaire, 58527-58528 2016-20392 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Acquisition Regulation Provision, Caution to Bidder—Bid Envelopes, 58555-58556 2016-20363 Acquisition Regulation Special Notice, 58558 2016-20343 Application for Burial Benefits, 58557 2016-20337 Availability of Educational Licensing and Certification Records, 58559 2016-20365 Certificate of Delivery of Advance Payment and Enrollment, 58559 2016-20340 Inquiry Concerning Applicant for Employment, 58554-58555 2016-20338 Purchase of Shellfish, 58555 2016-20362 Request for Nursing Home Information in Connection with Claim for Aid and Attendance, 58558 2016-20364 Transfer of Scholastic Credit, 58554 2016-20339 Veterans Affairs Acquisition Regulation Service Data Manual, 58557-58558 2016-20342 Veterans Affairs Acquisition Regulation Technical Industry Standards, 58556-58557 2016-20341 Western Western Area Power Administration NOTICES Rate Orders:

Desert Southwest Region Transmission, Transmission Losses, Unreserved Use Penalties, and Ancillary Services, 58497-58510 2016-20397 Workers' Workers Compensation Programs Office NOTICES Meetings: Advisory Board on Toxic Substances and Worker Health: Subcommittee on Evidentiary Requirements for Part B Lung Disease, 58535 2016-20418 Advisory Board on Toxic Substances and Worker Health: Subcommittee on Medical Advice; Weighing Medical Evidence, 58535-58536 2016-20416 Advisory Board on Toxic Substances and Worker Health:

Subcommittee on the Site Exposure Matrices, 58536-58537 2016-20419 Separate Parts In This Issue Part II Defense Department, 58562-58652 2016-19676 2016-19677 2016-19675 General Services Administration, 58562-58652 2016-19676 2016-19677 2016-19675 National Aeronautics and Space Administration, 58562-58652 2016-19677 2016-19675 2016-19676 Part III Labor Department, 58654-58768 2016-19678 Part IV Securities and Exchange Commission, 58770-58801 2016-20213 Part V Presidential Documents, 58803-58806 2016-20587 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 81 165 Thursday, August 25, 2016 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 890 and 894 RIN 3206-AM97 Federal Employees Health Benefits Program and Federal Employees Dental and Vision Insurance Program: Excepted Service and Pathways Programs Miscellaneous Clarifications and Corrections 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 make technical corrections to the Federal Employees Health Benefits Program (FEHBP) and the Federal Employees Dental and Vision Insurance Program (FEDVIP) regulations allowing coverage for participants in the Pathways Programs. The Pathways Programs were created by Executive Order (E.O.) 13562, signed by the President on December 27, 2010, and are designed to enable the Federal Government to compete effectively for students and recent graduates by improving its recruitment efforts through internships and similar programs with Federal agencies. DATES: Effective August 25, 2016. FOR FURTHER INFORMATION CONTACT: Ronald Brown, Policy Analyst,

(202)606-0004, or by email to *Ronald.Brown@opm.gov.* SUPPLEMENTARY INFORMATION: The Pathways Programs offer clear paths to civil service careers for recent graduates and provide meaningful training, mentoring, and career-development opportunities through internships and similar programs with Federal Government agencies. For more information on the Pathways Programs see the final rule, “Excepted Service, Career and Career-Conditional Employment; and Pathways Programs,” available at 77 FR 28193 (May 11, 2012) (Pathways regulation.) On January 6, 2014, OPM published an interim final regulation updating title 5 Code of Federal Regulations, §§ 890.303 and 894.302, to conform with the Pathways regulation. OPM received one comment not related to the substance of this technical correction. Accordingly, this final regulation adopts the interim final regulation with no changes. Analysis of and Responses to Public Comments We received one comment on the interim final rule relating to agency guidance materials. *Comment:* One commenter asked if OPM will issue new guidance to Federal agencies concerning the changed scheduling authority for Pathways Programs participants. *Response:* OPM is not planning to issue guidance to Federal agencies on this regulation as no substantive policy changes were made. The interim final rule made technical changes to FEHBP and FEDVIP regulations to conform with the final Pathways regulation published on May 11, 2012 (77 FR 28194). The only change to the FEHBP regulation was the title of the schedule appointment authority for Pathways Programs interns. See 5 CFR 890.303(e)(2). In the FEDVIP regulation, the intern programs were renamed. See 5 CFR 894.302(f). Agencies should continue to refer to the supplementary information published in the aforementioned final rule and the guidance that is on the OPM Web site at: *http://www.opm.gov/policy-data-oversight/hiring-authorities/students-recent-graduates/* . 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 health and dental and vision 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 Parts 890 and 894 Administrative practice and procedure, Government employees, Health insurance, Retirement. U.S. Office of Personnel Management. Beth F. Cobert, Acting Director. Accordingly, OPM is amending 5 CFR chapter I as follows: PART 890—FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM 1. The authority citation for part 890 continues to read as follows: Authority: 5 U.S.C. 8913; Sec. 890.301 also issued under sec. 311 of Pub. L. 111-3, 123 Stat. 64; Sec. 890.111 also issued under section 1622(b) of Pub. L. 104-106, 110 Stat. 521; Sec. 890.112 also issued under section 1 of Pub. L. 110-279, 122 Stat. 2604; Sec. 890.803 also issued under 50 U.S.C. 403p, 22 U.S.C. 4069c and 4069c-1; subpart L also issued under sec. 599C of Pub. L. 101-513, 104 Stat. 2064, as amended; Sec. 890.102 also issued under sections 11202(f), 11232(e), 11246(b) and

(c)of Pub. L. 105-33, 111 Stat. 251; and section 721 of Pub. L. 105-261, 112 Stat. 2061; Pub. L. 111-148, as amended by Pub. L. 111-152. Subpart C—Enrollment 2. In § 890.303, revise paragraph (e)(2) to read as follows: § 890.303 Continuation of enrollment.

(e)* * *

(2)However, in the case of an employee who is employed under an OPM approved career-related work-study program under Schedule D of at least one year's duration and who is expected to be in a pay status during not less than one-third of the total period of time from the date of the first appointment to the completion of the work-study program, his/her enrollment continues while he/she is in nonpay status so long as he/she is participating in the work-study program. PART 894—FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM 3. The authority citation for part 894 continues to read as follows: Authority: 5 U.S.C. 8962; 5 U.S.C. 8992; Subpart C also issued under section 1 of Pub. L. 110-279, 122 Stat. 2604. Subpart C—Eligibility 4. In § 894.302, paragraph

(f)is revised to read as follows: § 894.302 What is an excluded position?

(f)Expected to work fewer than six months in each year. *Exception:* you are eligible if you receive an appointment of at least one year's duration as an Intern under § 213.3402(a) of this chapter. To qualify, you must be expected to be in a pay status for at least one-third of the total period of time from the date of the first appointment to the completion of the work-study program. [FR Doc. 2016-20186 Filed 8-24-16; 8:45 am]

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