Unknown. Final rule

3,201 words·~15 min read·/register/2016/10/21/2016-25507

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-10-21.xml --- 81 204 Friday, October 21, 2016 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cotton Classification and Market News Service, 72770-72771 2016-25499 Cotton Classing, Testing, and Standards, 72772-72773 2016-25500 Tobacco Inspection and Grading Services, 72771 2016-25502 Meetings: Plant Variety Protection Board, 72771-72772 2016-25501 Agriculture Agriculture Department See Agricultural Marketing Service See Farm Service Agency See National Agricultural Statistics Service See National Institute of Food and Agriculture Antitrust Division Antitrust Division NOTICES Proposed Final Judgments:

United States v. VA Partners I, LLC, et al., 72832-72837 2016-25525 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Advisory Committee to the Director; Correction, 72806 2016-25453 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72806-72807 2016-25547 Children Children and Families Administration NOTICES Single-Source Grants: Refugee School Impact Grant Program, 72807-72808 2016-25496 Coast Guard Coast Guard RULES Drawbridge Operations:

Sacramento River, Sacramento, CA, 72693-72694 2016-25479 Requirements for Vessels with Registry Endorsements or Foreign-Flagged Vessels that Perform Certain Aquaculture Support Operations, 72737-72738 2016-25364 PROPOSED RULES Safety Zones: Willamette River, Portland, OR, 72753-72755 2016-25511 NOTICES Meetings: Lower Mississippi River Waterway Safety Advisory Committee, 72815-72816 2016-25477 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 72784-72787 2016-25530 2016-25531 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplements: Display of Hotline Posters, 73005-73006 2016-25317 Network Penetration Reporting and Contracting for Cloud Services, 72986-73001 2016-25315 Technical Amendments, 72738 2016-25425 PROPOSED RULES Defense Federal Acquisition Regulation Supplements: Undefinitized Contract Action Definitization, 73007-73009 2016-25332 Use of Government Property Clause, 73002-73004 2016-25316 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps RULES Federal Acquisition Regulations:

Contractors Performing Private Security Functions; Corrections, 72738 2016-25548 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance Eligibility; Petitions, 72774-72775 2016-25486 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72791 2016-25508 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for New Grants under Ronald E.

McNair Postbaccalaureate Achievement Program, 72790-72791 2016-25483 Applications for New Awards: Minority Science and Engineering Improvement Program, 72791-72797 2016-25539 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72797-72798 2016-25504 Meetings: Environmental Management Site-Specific Advisory Board, Nevada, 72797 2016-25462 Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 72798-72799 2016-25463 Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Jasper Ocean Terminal, Jasper County, SC, 72787-72788 2016-25519 Lower Yellowstone Intake Diversion Dam Fish Passage Project, Dawson County, MT, 72788-72790 2016-25375 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Colorado; Motor Vehicle Inspection and Maintenance, Clean Screen Program and the Low Emitter Index, On-Board Diagnostics, and Associated Revisions, 72720-72724 2016-25295 North Dakota;

Revisions to Air Pollution Control Rules, 72716-72720 2016-25302 Oakridge, OR; Partial Approval and Partial Disapproval of Attainment Plan for PM2.5 Nonattainment Area, 72714-72716 2016-25296 Virginia; Adoption of Control Techniques Guidelines for Control of Volatile Organic Compound Emissions, 72708-72714 2016-25441 Virginia; Removal of Stage II Gasoline Vapor Recovery Requirements for Gasoline Dispensing Facilities, 72724-72729 2016-25301 Standards of Performance: New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces, 72729-72730 2016-25512 State Hazardous Waste Management Programs:

Louisiana: Final Authorization of State-initiated Changes and Incorporation by Reference, 72730-72737 2016-25318 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Kentucky; RACM Determination for KY Portion of Louisville Area 1997 Annual PM2.5, 72755-72757 2016-25433 Virginia; Removal of Stage II Gasoline Vapor Recovery Requirements for Gasoline Dispensing Facilities, 72757-72758 2016-25297 Significant New Uses: Chemical Substances; Updates to Hazard Communication Program and Regulatory Framework, etc.;

Reopening of Comment Period, 72759 2016-25440 State Hazardous Waste Management Programs: Louisiana, 72758-72759 2016-25313 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Motor Vehicle and Engine Compliance Program Fees, 72803-72804 2016-25494 Environmental Impact Statements; Availability, etc., 72803 2016-25533 Proposed Settlement Agreements: Clean Air Act Citizen Suit, 72804-72805 2016-25513 Farm Service Farm Service Agency RULES EZ Guarantee Program and Micro Lender Program Status, 72686-72692 2016-25492 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Airbus Airplanes, 72748-72751 2016-23787 Piper Aircraft, Inc. Airplanes, 72742-72748 2016-24857 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 72805 2016-25652 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 72799-72802 2016-25456 2016-25457 2016-25514 2016-25515 Staff Attendances, 72802-72803 2016-25516 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Proposed Highway in Utah, 72849-72850 2016-25256 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 72805-72806 2016-25439 2016-25510 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements;

Availability, etc.: Otay River Estuary Restoration Project, South San Diego Bay Unit of San Diego Bay National Wildlife Refuge, CA, 72817-72819 2016-25490 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Animal Drug User Fee Cover Sheet, 72810-72811 2016-25482 Guidance for Industry and Food and Drug Administration Staff on Dear Health Care Provider Letters, 72808-72809 2016-25481 Requests for Nominations:

Food Advisory Committee, 72809-72810 2016-25497 General Services General Services Administration RULES Federal Acquisition Regulations: Contractors Performing Private Security Functions; Corrections, 72738 2016-25548 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72819 2016-25549 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Interest Rates on Overdue Debts, 72811 2016-25459 Meetings:

Technical Advisory Panel on Medicare Trustee Reports, 72811-72812 2016-25458 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Federal Properties Suitable as Facilities to Assist the Homeless, 72816 2016-25149 Indian Affairs Indian Affairs Bureau NOTICES Environmental Impact Statements; Availability, etc.: Resource Management Plan, Farmington Field Office, NM, 72819-72821 2016-25527 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau Internal Revenue Internal Revenue Service RULES Treatment of Certain Interests in Corporations as Stock or Indebtedness, 72858-72984 2016-25105 PROPOSED RULES Treatment of Certain Interests in Corporations as Stock or Indebtedness, 72751-72753 2016-25104 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 72853-72854 2016-25555 2016-25558 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Small Diameter Graphite Electrodes from People's Republic of China, 72777-72779 2016-25553 Utility Scale Wind Towers from People's Republic of China, 72775-72776 2016-25550 Utility Scale Wind Towers from Socialist Republic of Vietnam, 72776-72777 2016-25526 Committee Reestablishments:

Environmental Technologies Trade Advisory Committee, 72777 2016-25524 Determinations of Sales at Less than Fair Value: Stainless Steel Sheet and Strip from People's Republic of China, 72776 2016-25552 International Trade Com International Trade Commission NOTICES Complaints: Certain Mobile Electronic Devices, 72831-72832 2016-25465 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings: Advisory Committee on Actuarial Examinations, 72832 2016-25560 Justice Department Justice Department See Antitrust Division See Parole Commission RULES Conforming Justice Department Regulations to Federal Vacancies Reform Act of 1998, 72692-72693 2016-25464 NOTICES Proposed National Resources Restoration Consent Decrees under CERCLA, 72837 2016-25451 Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Resource Management Plan, Farmington Field Office, NM, 72819-72821 2016-25527 Vantage to Pomona Heights 230 kV Transmission Line Project, Benton, Grant, Kittitas, and Yakima Counties, WA, 72821-72823 2016-25404 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of Coastwise Trade Laws: Vessel HOLOHOLO, 72850 2016-25229 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulations: Contractors Performing Private Security Functions;

Corrections, 72738 2016-25548 National Agricultural National Agricultural Statistics Service NOTICES Meetings: Advisory Committee on Agriculture Statistics, 72773 2016-25447 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions of Inconsequential Noncompliance: Supreme Corp., 72850-72851 2016-25509 Petitions for Import Eligibility: Nonconforming Model Year 1996 and 1997 Ferrari F50 Passenger Cars, 72852-72853 2016-25487 National Institute Food National Institute of Food and Agriculture NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 72773-72774 2016-25498 National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 72814 2016-25468 Meetings: Center for Scientific Review, 72813, 72815 2016-25469 2016-25470 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 72815 2016-25474 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 72813-72815 2016-25472 2016-25473 National Institute on Alcohol Abuse and Alcoholism, 72813 2016-25471 Requests for Nominations:

Interagency Pain Research Coordinating Committee, National Institute of Neurological Disorders and Stroke, 72812 2016-25522 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Exchange of Flatfish in Bering Sea and Aleutian Islands Management Area, 72740-72741 2016-25446 Pacific Ocean Perch in Bering Sea Subarea of Bering Sea and Aleutian Islands Management Area, 72739 2016-25505 PROPOSED RULES Hatchery Programs Included as Part of Pacific Salmon and Steelhead Species Listed under the Endangered Species Act, 72759-72769 2016-25438 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Alaska Region Gear Identification, 72784 2016-25452 Marine Recreational Fishing Expenditure Survey, 72779 2016-25454 Environmental Impact Statements; Availability, etc.: Effects of Oil and Gas Activities in Arctic Ocean, 72780-72781 2016-25475 International Fisheries: Pacific Tuna Fisheries; Well Volume in Regional Vessel Register of Inter American Tropical Tuna Commission, 72783-72784 2016-25540 Meetings: South Atlantic Fishery Management Council;

Webinars, 72780 2016-25488 Takes of Marine Mammals: U.S. Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar, 72782-72783 2016-25532 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Land and Water Conservation Fund State Assistance Program, 72824-72827 2016-25495 Meetings: Chesapeake and Ohio Canal National Historical Park Commission, 72829-72830 2016-25544 Cold War Advisory Committee, 72823-72824 2016-25542 National Christmas Tree Lighting, 72824 2016-25545 Native American Graves Protection and Repatriation Review Committee, 72827-72829 2016-25541 Star-Spangled Banner National Historic Trail Advisory Council, 72829 2016-25546 Pending Nominations and Related Actions:

National Register of Historic Places, 72823 2016-25460 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 72837-72838 2016-25635 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Applications; Amendments: Exelon Generation Co., LLC; Braidwood Station, Unit 2, 72838-72841 2016-25503 Meetings; Sunshine Act, 72841 2016-25624 Parole Parole Commission NOTICES Meetings; Sunshine Act, 72837 2016-25582 2016-25583 Patent Patent and Trademark Office RULES Trademark Fee Adjustment, 72694-72708 2016-25506 Personnel Personnel Management Office RULES Federal Employees' Group Life Insurance Program:

Excepted Service and Pathways Programs, 72685-72686 2016-25507 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Pipeline Safety: Expanding Use of Excess Flow Valves in Gas Distribution Systems to Applications Other Than Single-Family Residences, 72739 C1--2016--24817 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 72841-72842 2016-25461 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Minority Enterprise Development Week (Proc. 9526), 73011-73014 2016-25739 ADMINISTRATIVE ORDERS Child Soldiers Prevention Act of 2008;

Delegation of Authority (Memorandum of September 28, 2016), 72681 2016-25682 Child Soldiers Prevention Act of 2008; Presidential Determinations (Presidential Determination No. 2016-14 of September 28, 2016), 72683-72684 2016-25685 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Long-Term Plan to Protect Adult Salmon in Lower Klamath River, 72830-72831 2016-25535 Lower Yellowstone Intake Diversion Dam Fish Passage Project, Dawson County, MT, 72788-72790 2016-25375 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: NASDAQ Stock Market, LLC, 72844-72847 2016-25467 New York Stock Exchange, LLC, 72842-72844 2016-25466 Small Business Small Business Administration NOTICES Disaster Declarations: California; Amendment 1, 72848 2016-25443 Louisiana, 72847 2016-25450 North Carolina; Amendment 1, 72847 2016-25445 North Carolina; Amendment 2, 72847-72848 2016-25442 North Carolina; Amendment 3, 72848 2016-25449 North Carolina; Amendment 4, 72848 2016-25444 Surface Transportation Surface Transportation Board NOTICES Trackage Rights Exemptions:

CSX Transportation, Inc. from Central Railroad Co. of Indianapolis, Chicago d/b/a Ft. Wayne and Eastern Railroad Division, 72849 2016-25523 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Internal Revenue Service RULES Investigation of Claims of Evasion of Antidumping and Countervailing Duties, 72692 2016-25489 Customs U.S.

Customs and Border Protection RULES Investigation of Claims of Evasion of Antidumping and Countervailing Duties, 72692 2016-25489 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Special Medical Advisory Group, 72854 2016-25543 Veterans' Rural Health Advisory Committee, 72854-72855 2016-25455 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 72858-72984 2016-25105 Part III Defense Department, Defense Acquisition Regulations System, 72986-73009 2016-25317 2016-25315 2016-25332 2016-25316 Part IV Presidential Documents, 73011-73014 2016-25739 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. 81 204 Friday, October 21, 2016 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 870 RIN 3206-AM98 Federal Employees' Group Life Insurance Program: Excepted Service and Pathways Programs AGENCY: U.S. Office of Personnel Management.

ACTION: Final rule. SUMMARY: This action amends the rule to reflect that excepted service employees hired under the internship program known as the Pathways Programs may elect to enroll in Federal Employee's Group Life Insurance (FEGLI), if applicable Federal requirements are met. This action is necessary due to the omission of technical changes to OPMs final rule, *Excepted Service, Career and Career-Conditional Employment, and Pathways Programs,* issued on May 11, 2012, which concerns the excepted service internship programs.

The effect of this action is to remove a barrier to recruiting students and recent graduates to help the Federal Government better compete with all employers when it comes to hiring qualified applicants for entry-level positions. DATES: This rule is effective on October 21, 2016. FOR FURTHER INFORMATION CONTACT: Ronald Brown, Policy Analyst,

(202)606-0004, or by email to *Ronald.Brown@opm.gov.* SUPPLEMENTARY INFORMATION: I. Background On December 27, 2010, Executive Order (E.O.) 13562 was signed and established the Internship Program and the Recent Graduates Program, which, along with the Presidential Management Fellows Program, as modified therein, became the Pathways Programs. As directed by the President, the Pathways Programs provides clear paths to Federal internships and potential careers in Government for students and recent graduates. The E.O. also created the Schedule D authority that supports the Pathways Programs by authorizing exceptions to the competitive hiring rules. Under the Schedule D authority, agencies are able, under OPM's guidance, to use excepted service hiring to fill positions from among a particular class of eligible individuals—students and recent graduates. II. Discussion of Final Rule This final rule updates the FEGLI regulation to change the name of the internship programs under FEGLI rules and provides that employees hired under the Pathways Programs authority may elect to enroll for coverage in FEGLI, if applicable Federal requirements are met. This change was omitted in the OPM final rule (77 FR 28194) issued in 2012 concerning the excepted service internship programs. However, this final rule does not establish new enrollment eligibility for any Pathways Programs interns. 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/.* Analysis of and Responses to Public Comments We received one comment on the interim final rule relating to agency guidance materials. The sole commenter asked if OPM will issue new guidance to Federal agencies concerning the changed scheduling authority for Pathways Programs participants. In response to the comment, OPM will not issue guidance to Federal agencies based on the changed scheduling authority. The OPM amends this rule to reflect technical changes concerning Pathways Program interns to conform with the final Pathways rule published on May 11, 2012 (77 FR 28194). The technical changes are necessary to reflect that the schedule appointment authority for Pathways Programs interns changed to Schedule D. Lastly, the intern programs were renamed and we needed to change the name in the regulation. See § 870.302(b)(2). Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (Pub. L. 96-354)

(RFA)establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation. To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.” The RFA covers a widerange of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions. Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA. 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 Parts 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 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 C—Eligibility 2. Revise § 870.302(b)(2) to read as follows: § 870.302 Exclusions.

(b)* * *

(2)An employee who is employed for an uncertain or purely temporary period, who is employed for brief periods at intervals, or who is expected to work less than 6 months in each year. Exception: An employee who receives an appointment of at least 1 year's duration as an Intern under § 213.3402 of this chapter, entitled “ *Entire executive civil service; Pathways Programs,* ” and who is 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. 2016-25507 Filed 10-20-16; 8:45 am]

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