Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-11-21.xml --- 81 224 Monday, November 21, 2016 Contents Agriculture Agriculture Department See Rural Business-Cooperative Service NOTICES Meetings: Council for Native American Farming and Ranching, 83196 2016-27915 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Special Agent Medical Preplacement, 83281 2016-27951 Bonneville Bonneville Power Administration NOTICES Bonneville Purchasing Instructions and Bonneville Financial Assistance Instructions, 83231-83232 2016-27933 Coast Guard Coast Guard RULES Safety Zones:

Great Egg Harbor Bay, Marmora, NJ, 83139-83141 2016-27914 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Consumer Product Consumer Product Safety Commission PROPOSED RULES Safety Standard for Portable Generators, 83556-83615 2016-26962 Copyright Royalty Board Copyright Royalty Board RULES Procedural Regulations: Rates and Terms for Statutory Licenses;

Technical Amendment, 83141-83142 2016-27885 Defense Department Defense Department NOTICES Charter Amendments, Establishments or Renewals: Federal Advisory Committees, 83230 2016-27968 2016-27970 Education Department Education Department NOTICES Meetings: President's Advisory Commission on Asian Americans and Pacific Islanders, 83230-83231 2016-27882 Employee Benefits Employee Benefits Security Administration NOTICES Proposed Exemptions from Certain Prohibited Transaction Restrictions, 83336-83438 2016-27563 Energy Department Energy Department See Bonneville Power Administration See Energy Efficiency and Renewable Energy Office NOTICES Meetings:

Nuclear Energy Advisory Committee, 83233 2016-27936 Secretary of Energy Advisory Board, 83233-83234 2016-27937 Requests under Blanket Authorizations: Chevron U.S.A. Inc., 83232-83233 2016-27935 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 83234-83235 2016-27939 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations:

Alabama; Infrastructure Requirements for the 2010 1-hour NO2 NAAQS, 83142-83144 2016-27862 Arizona; Regional Haze Federal Implementation Plan; Reconsideration, 83144-83152 2016-27422 California—South Coast Air Quality Management District; Control of Oxides of Nitrogen Emissions from Off-Road Diesel Vehicles, 83154-83156 2016-27853 Georgia; Infrastructure Requirements for the 2012 PM2.5 NAAQS, 83156-83157 2016-27857 Kentucky; Infrastructure Requirements for the 2010 1-hour NO2 NAAQS, 83152-83154 2016-27538 Ohio;

Redesignation of the Ohio Portion of the Campbell-Clermont KY-OH Sulfur Dioxide Nonattainment Area, 83158-83160 2016-27852 Pesticide Tolerances: Endothall, 83163-83169 2016-27984 Quality Assurance Requirements: Particulate Matter Continuous Emission Monitoring Systems at Stationary Sources, 83160-83163 2016-27849 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Oklahoma; Infrastructure and Interstate Transport for the 2012 Fine Particulate Matter and Interstate Transport for the 2010 Sulfur Dioxide National Ambient Air Quality Standards, 83184-83189 2016-27924 Quality Assurance Requirements:

Particulate Matter Continuous Emission Monitoring Systems at Stationary Sources, 83189-83190 2016-27847 NOTICES Proposed Consent Decree, Clean Air Act Citizen Suit, 83235-83236 2016-27983 Proposed Settlement Agreements for Recovery of Past Response Costs: Section 9 Lease Site, Coconino County, AZ, 83235 2016-27978 Requests to Voluntarily Cancel Certain Pesticide Registrations, 83237-83238 2016-27982 Settlements: Crowders Mountain Site, Kings Mountain, Gaston County, North Carolina, 83236 2016-27979 Export Import Export-Import Bank NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 83240-83241 2016-27930 Requests for Nominations: 2017 Advisory Committee, 83238-83240 2016-27870 Federal Aviation Federal Aviation Administration RULES Special Conditions: Pilatus Aircraft, Ltd., Model PC-12, PC-12/45, and PC-12/47 Airplanes, Lithium Batteries, 83112-83114 2016-28013 PROPOSED RULES Airworthiness Directives: Airbus Helicopters Deutschland GmbH, 83182-83184 2016-27765 Gulfstream Aerospace Corp. Airplanes, 83180-83182 2016-27309 NOTICES Petitions for Exemption;

Summaries: Boeing Co., 83327-83328 2016-27964 2016-27965 Federal Communications Federal Communications Commission NOTICES Meetings; Sunshine Act, 83241-83242 2016-28115 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Removal of Transferred OTS Regulations Regarding Consumer Protection in Sales of Insurance, etc., 83174-83180 2016-27898 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 83242 2016-27962 Federal Highway Federal Highway Administration NOTICES Buy America Waivers, 83328-83329 2016-27928 2016-27929 Federal Maritime Federal Maritime Commission NOTICES Meetings;

Sunshine Act, 83243 2016-28051 Federal Railroad Federal Railroad Administration NOTICES Applications: Approval of Discontinuance or Modification of a Railroad Signal System, 83329-83330 2016-27954 Petitions for Waivers of Compliance, 83329-83331 2016-27952 2016-27953 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 83243 2016-27956 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 83243 2016-27955 Fiscal Fiscal Service NOTICES Rate to Be Used for Federal Debt Collection, and Discount and Rebate Evaluation, 83331-83332 2016-27947 Fish Fish and Wildlife Service NOTICES Endangered Species Permit Applications, 83278-83279 2016-27931 Meetings:

Trinity River Adaptive Management Working Group, 83278 2016-27927 Service Mitigation Policy, 83440-83492 2016-27751 Food and Drug Food and Drug Administration 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, 83245-83246 2016-27943 Guidance: Substantiation for Structure/Function Claims Made in Infant Formula Labels and Labeling, 83243-83244 2016-27941 Report:

Center for Veterinary Medicine Working Group on the Regulation of Animal Drug Availability Act Combination Drug Medicated Feeds, 83244-83245 2016-27942 General Services General Services Administration RULES Federal Property Management Regulations, 83169 2016-28010 Geological Geological Survey NOTICES Meetings: Development of a Database of Greenhouse Gas Emissions Associated with Fossil Fuel Extraction from Federal Lands; Public Briefing, 83279-83280 2016-27912 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health NOTICES Privacy Act;

Systems of Records, 83246-83250 2016-27959 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Labor Standards Questionnaire Complaint Intake Form, 83276-83277 2016-27908 Monthly Report of Excess Income and Annual Report of Uses of Excess Income, 83253-83254 2016-27909 Multifamily Family Self-Sufficiency Program Escrow Credit Data, 83277-83278 2016-27910 Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees, 83254-83275 2016-27969 Meetings:

Manufactured Housing Consensus Committee; Teleconference, 83275-83276 2016-27967 Industry Industry and Security Bureau RULES Military Aircraft, Gas Turbine Engines and Related Items License Requirements; Clarifications and Revisions, 83114-83126 2016-27777 Interior Interior Department See Fish and Wildlife Service See Geological Survey See National Park Service See Reclamation Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 83332-83333 2016-27905 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Regulation Project, 83332 2016-27906 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cased Pencils from the People's Republic of China; Administrative Review and Partial Rescission; 2014-2015, 83201-83202 2016-27960 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau Labor Department Labor Department See Employee Benefits Security Administration Library Library of Congress See Copyright Royalty Board National Credit National Credit Union Administration NOTICES Privacy Act;

Systems of Records, 83281-83284 2016-27948 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 83250-83252 2016-27871 2016-27872 2016-27873 National Cancer Institute, 83251 2016-27874 National Heart, Lung, and Blood Institute, 83250 2016-27875 2016-27876 National Institute of Allergy and Infectious Diseases, 83253 2016-27877 National Institute of Environmental Health Sciences, 83252-83253 2016-27879 National Institute on Drug Abuse, 83250 2016-27878 Recombinant DNA Advisory Committee, 83251-83252 2016-27880 National Labor National Labor Relations Board RULES Exempt Amended System of Records:

Certain Provisions of the Privacy Act, 83135-83137 2016-27487 NOTICES Privacy Act; Systems of Records, 83284-83287 2016-27488 National Oceanic National Oceanic and Atmospheric Administration NOTICES Atlantic Highly Migratory Species: Atlantic Shark Management Measures; 2017 Research Fishery, 83206-83208 2016-27904 Meetings: Fisheries of the Gulf of Mexico and South Atlantic Southeast Data, Assessment, and Review Stock Identification Webinar for Gray Snapper, 83208-83209 2016-27957 New England Fishery Management Council, 83205-83206 2016-27974 Western Pacific Fishery Management Council, 83204 2016-27973 Permits:

Endangered Species; File No. 19621, 83203-83204 2016-27975 Marine Mammals and Endangered Species; File Nos. 13927, 16553, and 20532, 83204-83205 2016-27860 Marine Mammals; File No. 20443, 83202-83203 2016-27861 Takes of Marine Mammals: Taking Marine Mammals Incidental to the U.S. Air Force Conducting Maritime Weapon Systems Evaluation Program Operational Testing within the Eglin Gulf Test and Training Range, 83209-83228 2016-27881 National Park National Park Service NOTICES National Register of Historic Places:

Notification of Pending Nominations and Related Actions, 83280 2016-27902 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Revisions to Transportation Safety Requirements and Compatibility with International Atomic Energy Agency Transportation Standards; Meetings, 83171-83174 2016-27944 NOTICES Exemptions: Crow Butte Resources, Inc., 83289-83291 2016-27946 Guidance: Pressurized Water Reactor Control Rod Ejection and Boiling Water Reactor Control Rod Drop Accidents, 83288-83289 2016-27903 Report on Changes to Low-Level Waste Burial Charges, 83287-83288 2016-27945 Patent Patent and Trademark Office NOTICES Meetings:

Developing the Digital Marketplace for Copyrighted Works, 83228-83229 2016-27934 Pension Benefit Pension Benefit Guaranty Corporation RULES Allocation of Assets in Single-Employer Plans: Valuation of Benefits and Assets; Expected Retirement Age, 83137-83139 2016-27986 Personnel Personnel Management Office RULES Federal Employees Health Benefits Program Coverage for Certain Firefighters and Intermittent Emergency Response Personnel, 83110-83112 2016-27901 Veterans' Preference, 83107-83109 2016-27886 PROPOSED RULES Pay Administration under the Fair Labor Standards Act, 83170-83171 2016-27887 NOTICES Excepted Service, 83291-83295 2016-27900 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Hazardous Materials:

Protecting our Infrastructure of Pipelines and Enhancing Safety Act Requirements for Identification Numbers on Cargo Tanks Containing Petroleum Based Fuel, 83190-83195 2016-27911 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 83295-83296 2016-27972 Postal Service Postal Service NOTICES Product Changes: First-Class Package Service Negotiated Service Agreement, 83296 2016-27888 Priority Mail Negotiated Service Agreement, 83296-83297 2016-27889 2016-27890 2016-27899 Presidential Documents Presidential Documents EXECUTIVE ORDERS Committees;

Establishment, Renewal, Termination, etc.: Community Solutions Council; Establishment (EO 13748), 83617-83622 2016-28203 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Navajo Generating Station-Kayenta Mine Complex Project, AZ, 83280-83281 2016-27926 Rural Business Rural Business-Cooperative Service NOTICES Requests for Applications: Rural Economic Development Loan and Grant Programs for Fiscal Year 2017, 83196-83201 2016-27977 Securities Securities and Exchange Commission RULES Exemptions to Facilitate Intrastate and Regional Securities Offerings, 83494-83554 2016-26348 NOTICES Self-Regulatory Organizations;

Bats BZX Exchange, Inc., 83320-83322 2016-27892 BOX Options Exchange LLC, 83322-83323 2016-27891 C2 Options Exchange, Inc., 83313-83319 2016-27895 Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ Stock Market, LLC, 83301-83303 2016-27897 New York Stock Exchange, LLC, 83297-83301, 83303-83308 2016-27893 2016-27896 NYSE MKT, LLC, 83308-83312 2016-27894 Selective Selective Service System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 83323-83324 2016-27920 2016-27921 Small Business Small Business Administration NOTICES Meetings:

Interagency Task Force on Veterans Small Business Development, 83324 2016-27884 State Department State Department RULES International Traffic in Arms: U.S. Munitions List Categories VIII and XIX, 83126-83135 2016-27775 NOTICES Meetings: National Commission for the United Nations Educational, Scientific, and Cultural Organization, 83324 2016-27958 Surface Transportation Surface Transportation Board NOTICES Requests for Nominations: Rail Energy Transportation Advisory Committee, 83324-83325 2016-27963 Trade Representative Trade Representative, Office of United States NOTICES Generalized System of Preferences:

Initiation of a Review of Argentina for Possible Designation as a Beneficiary Developing Country, 83325-83327 2016-27917 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Meetings: National Advisory Committee on Travel and Tourism Infrastructure, 83331 2016-27925 Treasury Treasury Department See Fiscal Service See Internal Revenue Service NOTICES Applications:

Reduce Benefits Multiemployer Pension Plan, 83333 2016-27938 Veteran Affairs Veterans Affairs Department NOTICES Annual Determination of Staffing Shortages, 83333-83334 2016-27976 Separate Parts In This Issue Part II Labor Department, Employee Benefits Security Administration, 83336-83438 2016-27563 Part III Interior Department, Fish and Wildlife Service, 83440-83492 2016-27751 Part IV Securities and Exchange Commission, 83494-83554 2016-26348 Part V Consumer Product Safety Commission, 83556-83615 2016-26962 Part VI Presidential Documents, 83617-83622 2016-28203 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. 81 224 Monday, November 21, 2016 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 211 RIN 3206-AM79 Veterans' Preference AGENCY: U.S. Office of Personnel Management. ACTION: Final rule. SUMMARY: The U.S. Office of Personnel Management

(OPM)is issuing a final rule that implements statutory changes pertaining to veterans' preference. These changes were made in response to the Hubbard Act, which broadened the category of individuals eligible for veterans' preference; and to implement the VOW (Veterans Opportunity to Work) to Hire Heroes Act of 2011, which requires Federal agencies to treat certain active duty service members as preference eligibles for purposes of an appointment to the competitive service, even though the service members have not been discharged or released from active duty and do not have a Department of Defense

(DD)Form 214, *Certificate of Release or Discharge from Active Duty.* In addition, OPM has updated its regulations to reference existing requirements for the alternative ranking and selection procedure called “category rating,” and to add a reference to the end date of Operation Iraqi Freedom, which affected veteran status and preference eligibility. This action aligns OPM's regulations with existing statutes. DATES: This rule will be effective December 21, 2016. FOR FURTHER INFORMATION CONTACT: Michael Gilmore by telephone on

(202)606-2429, by fax at

(202)606-4430, by TTY at

(202)418-3134, or by email at *Michael.gilmore@opm.gov.* SUPPLEMENTARY INFORMATION: On December 29, 2014, OPM issued an interim rule at 79 FR 77833, which implemented statutory changes pertaining to veterans' preference. This action was taken to align OPM's regulations with existing statutes. Specifically, the interim rule

(1)was issued in response to the Hubbard Act, which establishes a new category of preference for veterans discharged or released from active duty by reason of a sole survivorship discharge;

(2)implemented the VOW (Veterans Opportunity to Work) to Hire Heroes Act of 2011, which provides for treatment of certain applicants as veterans or disabled veterans if they have not been separated or discharged from active duty, but submit a certification that they are expected to be discharged or released under honorable conditions within 120 days;

(3)referenced the existing requirements for the alternative ranking and selection procedure called “category rating;” and

(4)added a reference to the end date of Operation Iraqi Freedom. During the 60-day comment period between December 29, 2014, and February 27, 2015, OPM received a total of 12 sets of comments, of which 4 were from individuals and 8 were from Federal agencies. Discussion of Comments Operation Iraqi Freedom Six agencies sought guidance on corrective actions and remedies for applicants who may have erroneously received veterans' preference after the ending date of Operation Iraqi Freedom. These comments are outside the scope of the rulemaking. OPM notes that corrective actions and remedies are already addressed in the *Delegated Examining Operations Handbook*

(DEOH)and in our guidance pertaining to Variations on the OPM Web site. Remedial actions are also addressed in Interagency Delegated Examining Agreements. Four agencies asked OPM to amend the rule to extend preference eligibility to any persons who erroneously received preference after the end of Operation Iraqi Freedom, at least until December 29, 2014 (the date of the interim rule). OPM lacks authority to change the end date of Operation Iraqi Freedom or to create a category of veterans' preference that is not prescribed by law. Implementation of the VOW (Veterans Opportunity To Work) To Hire Heroes Act One agency commented that implementation of the VOW act may delay the hiring process while the hiring agency verifies the service member's character of discharge from the military. This agency believes the veteran has 120 days (from receipt of the veteran's job application) during which he or she can be considered for a federal job, and this 120-day period will extend an agency's time-to-hire. The commenter specifically asked if an agency must now hold a vacancy open until each veteran applicant has been discharged or released from active duty under honorable conditions. OPM disagrees that implementation of the VOW act will result in delays in the hiring process. The certification letter is a statement that the individual is *expected* to be separated from active duty in the armed forces under honorable conditions not later than 120 days after the certification statement is submitted as part of the service member's job application package. The certification statement ensures that veterans who are expected to be discharged or released in the near term are not denied their preference in the early stages of the hiring process; agencies are to award such veterans with tentative preference until the job seeking veteran provides his or her DD Form 214 indicating character of service qualifying for preference, prior to appointment. However, submission of the certification letter does not extend the hiring process. The VOW to Hire Veterans Act of 2011 does not require agencies to hold positions open until every applicant has been discharged or released from active duty or to delay hiring selections. Four agencies asked OPM to specify the format and contents of a certification letter in greater detail. As described in the supplementary information accompanying the interim rule, the certification letter should be on the letterhead of the appropriate military branch in which the veteran served, and it should specify the veteran's military service dates, the veteran's expected date of release or discharge from active duty service, and the veteran's expected character of service. Commenters requested that OPM also require that the certification be signed by a commanding officer, list the applicants' campaign badges, and list the applicant's final rank, pay grade, and expected type of separation, *e.g.,* retirement, to assist in adjudicating preference eligibility. Because the certification letter is a military document issued by the Armed Forces, OPM is not mandating specific format and content requirements in the final rule. However, we will confer with the Department of Defense and provide more detail in the VetGuide and the Delegated Examining Operations Handbook. One of these agencies asked how hiring agencies should publicize the contents of the certification letter to applicants. This comment is outside the scope of the rulemaking. However, OPM notes that agencies have the discretion to describe the VOW certification letter contents in their job opportunity announcements, or describe the contents of these letters on the agency's Web site. Agency headquarters human resources offices can circulate information about the certification letter to agency components, delegated examining units, Veterans Employment Program Offices (VEPOs), etc. One agency suggested that the last sentence of § 211.102(h) be revised to state that before appointment, “the service member's character of service and qualifying discharge or release must be verified through a DD Form 214 or equivalent DD form,” or that OPM provide examples of documents agencies may consider to be the equivalent of a DD Form 214. The current text refers to “equivalent documentation” instead of an “equivalent DD form.” OPM is not adopting this suggestion. The reference to “equivalent documentation” was intended to include documentation such as disability letters issued by the Department of Veterans Affairs, and other official documents issued by a branch of the armed forces which may not be designated as a Department of Defense form but may help a veteran establish his or her entitlement to veterans' preference. Another agency suggested that OPM require the certification letter to be dated within 120 days of the closing date of the job announcement to which the veteran is applying. OPM cannot adopt this suggestion. The Vow to Hire Veterans Act of 2011 (at 5 U.S.C. 2108a(a)(2) and (b)(2)) specifies that a certification is an expectation that the service member will be “discharged or released from active duty in the armed forces under honorable conditions not later than 120 days *after the date of the submission* of the certification” (emphasis supplied). The same agency asked OPM to clarify how agencies should adjudicate veterans' preference for individuals who submit certification letters showing that the expected date of discharge or release from active duty has already passed. The agency recommended that OPM amend the regulation to treat such “expired” certificates as conclusive evidence that the service member has been discharged or released from active duty under honorable conditions. OPM does not accept this recommendation because the certification expresses only an expectation, and cannot be conclusive evidence that the expected event has in fact occurred. Implementation of the Hubbard Act One agency suggested that OPM add a clause to the final rule which “grandfathers” or grants veterans' preference based on a sole survivorship discharge to individuals who met the requirements of the Hubbard Act prior to the effective date of the interim regulation. (The President signed the Act on August 29, 2008. OPM's interim rule became effective on December 29, 2014). In response, section 211.102(c) of the interim regulation already recognized, as qualifying, discharges or releases from active duty after August 29, 2008 by reason of a sole survivorship discharge. Therefore no additional changes are needed in the final rule to address the agency's comment. Another agency asked where a sole survivorship discharge would be documented on an individual's Department of Defense

(DD)form 214. While this comment is outside the scope of the rulemaking, OPM notes that an individual's sole survivorship discharge may be indicated on the DD-214 in several places: The block pertaining to “character of service,” the section pertaining to “service data,” or the section labeled “remarks.” Individuals receiving sole survivor releases or discharges from their active duty service may have separate documentation which they can submit along with their resumes in order to claim preference. Implementation of Category Rating One individual asked OPM to identify the types of positions classified as scientific and professional positions, for purposes of 5 U.S.C. 3319(b), which states, with respect to category rating, that “[f]or other than scientific and professional positions at GS-9 of the General Schedule (equivalent or higher), qualified preference-eligibles who have a compensable service-connected disability of 10 percent or more shall be listed in the highest quality category.” This comment is outside the scope of the rulemaking. In addition, OPM notes that adopting the recommendation would result in an unnecessarily lengthy listing in the Code of Federal Regulations and would be subject to periodic change. OPM already publishes a list of scientific and professional job series and titles in appendix K of the *Delegated Examining Operations Handbook,* which is available on OPM's Web site. The same individual also recommended that we amend the rule to allow certain disabled veterans to “float” ( *i.e.,* be listed at the top of a certificate of eligibles under the numerical ranking process, or placed in the highest quality category under the category rating process), even for scientific and professional positions at GS-9 and higher, if they have certain scientific and professional skills. This recommendation is outside the scope of the rulemaking. In addition, OPM cannot adopt this recommendation because it would conflict with statutory requirements in 5 U.S.C. 3313(1) and 3319(b). General Comments Two individuals and one agency expressed their support for and approval of the interim rule. The agency noted that the rule's provision implementing the VOW to Hire Heroes Act of 2011 is consistent with the existing practice of granting “tentative preference” to applicants who have not yet been separated or discharged from active duty. One agency recommended that OPM amend section 211.102(d)(5) of the interim rule to clarify the retention standing, during a reduction in force, of a Federal employee who is still in a terminal leave status with the military. OPM addressed this in the supplementary information accompanying the interim rule. We stated that veterans' preference does not apply to persons not yet discharged or released from active duty. As a result, such individuals would not receive veterans' preference during a reduction in force. Four commenters asked whether (or when) OPM would update its implementing guidance pertaining to the provisions in the interim regulation. These comments are outside the scope of the rulemaking. OPM notes in response that it has updated the VetGuide, our Federal Employment Policy Handbook: Veterans and the Civil Service. One agency recommended that OPM amend the rule to delegate veterans' preference adjudication for the government solely to the Department of Labor or the Department of Veterans Affairs, not to each delegated examining agency, for purposes of quality and consistency. This comment is outside the scope of the rulemaking. Moreover, OPM believes that it would complicate the hiring process if each agency had to refer its veterans preference adjudication decisions to other agencies, and no case has been presented to OPM for designating any particular agency or agencies to conduct consolidated adjudication services. Another agency suggested OPM remove the second or consecutive occurrence of the word “in” which appears in section 211.102(d)(2), and that we change the word “raking” to “rating” in section 211.102(d)(4). OPM has adopted these suggestions. E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. Regulatory Flexibility Act I certify that this regulation would not have a significant economic impact on a substantial number of small entities because it affects only Federal employees. List of Subjects in 5 CFR Part 211 Government employees, Veterans. U.S. Office of Personnel Management. Beth F. Cobert, Acting Director. Accordingly, OPM revises part 211 of title 5, Code of Federal Regulations, to read as follows: PART 211—VETERAN PREFERENCE Sec. 211.101 Purpose. 211.102 Definitions. 211.103 Administration of preference. Authority: 5 U.S.C. 1302, 2108, 2108a. § 211.101 Purpose. The purpose of this part is to define veterans' preference and the administration of preference in Federal employment. (5 U.S.C. 2108, 2108a) § 211.102 Definitions. For the purposes of preference in Federal employment, the following definitions apply:

(a)*Veteran* means a person who has been discharged or released from active duty in the armed forces under honorable conditions, or who has a certification as defined in paragraph

(h)of this section, if the active duty service was performed:

(1)In a war;

(2)In a campaign or expedition for which a campaign badge has been authorized;

(3)During the period beginning April 28, 1952, and ending July 1, 1955;

(4)For more than 180 consecutive days, other than for training, any part of which occurred during the period beginning February 1, 1955, and ending October 14, 1976;

(5)During the period beginning August 2, 1990, and ending January 2, 1992; or

(6)For more than 180 consecutive days, other than for training, any part of which occurred during the period beginning September 11, 2001, and ending on August 31, 2010, the last day of Operation Iraqi Freedom.

(b)*Disabled veteran* means a person who has been discharged or released from active duty in the armed forces under honorable conditions performed at any time, or who has a certification as defined in paragraph

(h)of this section, and who has established the present existence of a service-connected disability or is receiving compensation, disability retirement benefits, or a pension because of a statute administered by the Department of Veterans Affairs or a military department.

(c)*Sole survivor veteran* means a person who was discharged or released from a period of active duty after August 29, 2008, by reason of a sole survivorship discharge (as that term is defined in 10 U.S.C. 1174(i)), and who meets the definition of a “veteran” in paragraph

(a)of this section, with the exception that he or she is not required to meet any of the length of service requirements prescribed by paragraph (a).

(d)*Preference eligible* means a veteran, disabled veteran, sole survivor veteran, spouse, widow, widower, or mother who meets the definition of “preference eligible” in 5 U.S.C. 2108.

(1)Preference eligibles other than sole survivor veterans are entitled to have 5 or 10 points added to their earned score on a civil service examination in accordance with 5 U.S.C. 3309.

(2)Under numerical ranking and selection procedures for competitive service hiring, preference eligibles are entered on registers in the order prescribed by § 332.401 of this chapter.

(3)Under excepted service examining procedures in part 302 of this chapter, preference eligibles are listed ahead of persons with the same ratings who are not preference eligibles, or listed ahead of non-preference eligibles if numerical scores have not been assigned.

(4)Under alternative ranking and selection procedures, *i.e.,* category rating, preference eligibles are listed ahead of individuals who are not preference eligibles in accordance with 5 U.S.C. 3319.

(5)Preference eligibles, other than those who have not yet been discharged or released from active duty, are accorded a higher retention standing than non-preference eligibles in the event of a reduction in force in accordance with 5 U.S.C. 3502.

(6)Veterans' preference does not apply, however, to inservice placement actions such as promotions.

(e)*Armed forces* means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard.

(f)*Active duty* or *active military duty:*

(1)For veterans defined in paragraphs (a)(1) through

(3)and disabled veterans defined in paragraph

(b)of this section, means active duty with military pay and allowances in the armed forces, and includes training, determining physical fitness, and service in the Reserves or National Guard; and

(2)For veterans defined in paragraphs (a)(4) through

(6)of this section, means full-time duty with military pay and allowances in the armed forces, and does not include training, determining physical fitness, or service in the Reserves or National Guard.

(g)*Discharged* or *released from active duty* means with either an honorable or general discharge from active duty in the armed forces. The Department of Defense is responsible for administering and defining military discharges.

(h)*Certification* means any written document from the armed forces that certifies the service member is expected to be discharged or released from active duty service in the armed forces under honorable conditions not later than 120 days after the date the certification is submitted for consideration in the hiring process, at the time and in the manner prescribed by the applicable job opportunity announcement. Prior to appointment, the service member's character of service and qualifying discharge or release must be verified through a DD form 214 or equivalent documentation. § 211.103 Administration of preference. Agencies are responsible for making all preference determinations except for preference based on a common law marriage. Such a claim must be referred to OPM's General Counsel for decision. [FR Doc. 2016-27886 Filed 11-18-16; 8:45 am]

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