Unknown. Interim final rule with request for comments

3,099 words·~14 min read·/register/2018/11/01/2018-23548

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-2018-11-01.xml --- 83 212 Thursday, November 1, 2018 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service NOTICES Secretary's Advisory Committee on Animal Health; Intent to Reestablish, 54910 2018-23836 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54928-54930 2018-23861 2018-23862 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare and Medicaid Programs:

Medicare Advantage, Medicare Prescription Drug Benefit, Program of All-inclusive Care for the Elderly, Medicaid Fee-For-Service, and Medicaid Managed Care Programs for Years 2020 and 2021; Policy and Technical Changes, 54982-55088 2018-23599 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54910-54911 2018-23859 2018-23860 Defense Department Defense Department See Engineers Corps PROPOSED RULES Federal Acquisition Regulation:

Ombudsman for Indefinite Delivery Contracts, 54901-54903 2018-23889 Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Meetings; Sunshine Act, 54921 2018-23977 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Student Assistance General Provisions—Readmission for Servicemembers, 54921-54922 2018-23913 Energy Department Energy Department PROPOSED RULES Energy Conservation Program: Standards for Residential Furnaces and Commercial Water Heaters, 54883-54888 2018-23885 NOTICES Authorization to Export Liquefied Natural Gas;

Applications: Driftwood LNG LLC, 54922-54923 2018-23867 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Westminster, East Garden Grove, California Flood Risk Management Study, 54920-54921 2018-23880 Meetings: New York and New Jersey Harbor Anchorages General Reevaluation Study, 54919-54920 2018-23879 Environmental Protection Environmental Protection Agency PROPOSED RULES Technical Issues—Formaldehyde Emission Standards for Composite Wood Products, 54892-54901 2018-23592 NOTICES Requests for Nominations:

Science Advisory Board Panel to Review the Draft All-Ages Lead Model Software and Model Documents, 54923-54924 2018-23904 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 54925 2018-24046 Federal Aviation Federal Aviation Administration RULES Establishment and Modification of Area Navigation Routes: Florida Metroplex Project; Southeastern United States, 54864-54869 R1--2018--18508 NOTICES Petitions for Exemptions; Summaries: The Boeing Co., 54975 2018-23886 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 54925-54928 2018-23845 2018-23853 2018-23855 Meetings: Technological Advisory Council, 54925-54926 2018-23843 Federal Highway Federal Highway Administration RULES Design Standards for Highways, 54876-54881 2018-23821 Federal Labor Federal Labor Relations Authority RULES Changes to Current Addresses and Geographic Jurisdictions, 54862-54864 2018-23897 NOTICES Senior Executive Service Performance Review Board, 54928 2018-23898 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers;

Exemption Applications: American Concrete Pumping Association, 54975-54977 2018-23881 Food and Drug Food and Drug Administration RULES Listing of Color Additives Exempt from Certification: Synthetic Iron Oxide, 54869-54872 2018-23863 Medical Devices: Clinical Chemistry and Clinical Toxicology Devices; Classification of the Insulin Therapy Adjustment Device, 54873-54875 2018-23912 Clinical Chemistry and Clinical Toxicology Devices; Classification of the Meprobamate Test System, 54875-54876 2018-23911 PROPOSED RULES Food Additive Petitions:

Bonamar Corp., 54891 2018-23946 Guidance: Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, 54888-54891 2018-23868 Laser Products: Performance Standard and the Electronic Submission of Labeling for Certain Home-Use Medical Devices; Withdrawal, 54891-54892 2018-23916 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bar Code Label Requirement for Human Drug and Biological Products, 54930-54932 2018-23910 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulation:

Ombudsman for Indefinite Delivery Contracts, 54901-54903 2018-23889 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See U.S. Immigration and Customs Enforcement NOTICES Senior Executive Service Performance Review Board; Correction, 54934 2018-23903 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Electronic Tax Administration Advisory Committee Membership Application, 54977-54978 2018-23888 Appointment of Members of the Legal Division to the Performance Review Board, Internal Revenue Service, 54978 2018-23878 Office of the General Counsel; Appointment of Members of the Legal Division to the Performance Review Board, Internal Revenue Service, 54978 2018-23877 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Advance Notification of Sunset Review, 54911-54912 2018-23876 Initiation of Five-Year (Sunset) Reviews, 54915-54916 2018-23875 Opportunity to Request Administrative Review, 54912-54914 2018-23874 Meetings: Renewable Energy and Energy Efficiency Advisory Committee, 54914-54915 2018-23884 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Circular Welded Carbon-Quality Steel Pipe from China, 54936-54939 2018-23851 Low Enriched Uranium from France, 54939-54941 2018-23850 Justice Department Justice Department See United States Marshals Service NOTICES Proposed Consent Decrees:

Clean Air Act, 54941-54942 2018-23915 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the American Apprenticeship Initiative, 54943-54945 2018-23703 Foreign Labor Certification Quarterly Activity Report, 54942-54943 2018-23866 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation: Ombudsman for Indefinite Delivery Contracts, 54901-54903 2018-23889 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 54945-54947 2018-23871 2018-23872 2018-23873 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 54932-54933 2018-23847 2018-23848 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 54933-54934 2018-23857 National Institute of Allergy and Infectious Diseases, 54933 2018-23846 National Institute of Environmental Health Sciences, 54932 2018-23856 National Mediation National Mediation Board RULES Supplemental Standards of Ethical Conduct for Employees of the National Mediation Board, 54861-54862 2018-23548 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Pacific Cod by Catcher Vessels Greater than or Equal to 60 feet Length Overall Using Pot Gear in the Bering Sea and Aleutian Islands Management Area, 54881-54882 2018-23909 PROPOSED RULES Fisheries of the Northeastern United States: Expand the Scallop Dredge Exemption Areas under the Northeast Multispecies Fishery Management Plan, 54903-54909 2018-23790 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reporting Requirements for Commercial Fisheries Authorization Under the Marine Mammal Protection Act, 54916-54917 2018-23864 Requests for Applications:

Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2019 Research Fishery, 54917-54919 2018-23901 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Biological Sciences, 54948 2018-23858 Proposal Review Panel for Computing and Communication Foundations, 54947-54948 2018-23882 Meetings; Sunshine Act, 54947 2018-23948 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemptions and Combined Licenses: Southern Nuclear Operating Company, Inc.;

Vogtle Electric Generating Plant, Units 3 and 4, Equipment Survivability Assessment, 54951-54952 2018-23869 Exemptions: Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4, 54948-54951 2018-23840 License Renewals; Applications: Virginia Electric and Power Company; Dominion Energy Virginia; Surry Power Station, Units 1 and 2, 54948 2018-23841 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Refugee Admissions for Fiscal Year 2019 (Presidential Determination No. 2019-01 of October 4, 2018), 55089-55092 2018-24135 Securities Securities and Exchange Commission NOTICES Applications for Deregistration, 54968-54969 2018-23849 Self-Regulatory Organizations;

Proposed Rule Changes: Chicago Stock Exchange, Inc., 54953-54968 2018-23844 Social Social Security Administration NOTICES Privacy Act of 1974; System of Records, 54969-54973 2018-23905 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Risk Analysis and Management, 54974-54975 2018-23842 Culturally Significant Objects Imported for Exhibition: Play It Loud: Instruments of Rock and Roll, 54975 2018-23902 Meetings:

Shipping Coordination Committee, 54973-54974 2018-23865 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Internal Revenue Service Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Student or Exchange Visitor, 54935-54936 2018-23906 Training Plan for Science, Technology, Engineering and Mathematics Optional Practical Training Students, 54934-54935 2018-23907 U.S.

Marshals United States Marshals Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Leased/Charter/Contract Personnel Expedited Clearance Request, 54942 2018-23895 Veteran Affairs Veterans Affairs Department RULES Schedule for Rating Disabilities: The Hematologic and Lymphatic Systems, 54881 C1--2018--23517 NOTICES Performance Review Board Members, 54978-54979 2018-23852 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 54982-55088 2018-23599 Part III Presidential Documents, 55089-55092 2018-24135 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. 83 212 Thursday, November 1, 2018 Rules and Regulations NATIONAL MEDIATION BOARD 5 CFR Chapter CI [Docket No. C-7188] RIN 3209-AA47 Supplemental Standards of Ethical Conduct for Employees of the National Mediation Board AGENCY: National Mediation Board.

ACTION: Interim final rule with request for comments. SUMMARY: The National Mediation Board (NMB or Board), with the concurrence of the U.S. Office of Government Ethics (OGE), is issuing an interim final regulation for employees of the NMB that supplements the executive branch-wide Standards of Ethical Conduct (Standards) issued by OGE. The supplemental regulation requires NMB employees to obtain approval before engaging in outside employment. DATES: This interim final rule is effective November 1, 2018.

Comments must be received on or before December 31, 2018. ADDRESSES: You may submit comments identified by Docket Number C-7188 by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Agency Website: www.nmb.gov.* Follow the instructions for submitting comments. • *Email: legal@nmb.gov.* Include docket number in the subject line of the message. • *Fax:*

(202)692-5085. • *Mail and Hand Delivery:* National Mediation Board, 1301 K Street NW, Ste. 250E, Washington, DC 20005. *Instructions:* All submissions received must include the agency name and docket number. All comments received will be posted without change to *www.nmb.gov,* including any personal information provided. *Docket:* For access to the docket or to read background documents or comments received, go to *www.nmb.gov.* FOR FURTHER INFORMATION CONTACT: Mary Johnson, General Counsel, National Mediation Board, 202-692-5050, *infoline@nmb.gov.* SUPPLEMENTARY INFORMATION: I. Background On August 7, 1992, OGE published the OGE Standards of Ethical Conduct for Employees of the Executive Branch (OGE Standards). See 57 FR 35006-35067, as corrected at 57 FR 48557, 57 FR 52483, and 60 FR 51167, with additional grace period extensions for certain existing provisions at 59 FR 4779-4780, 60 FR 6390-6391, and 60 FR 66857-66858. The OGE Standards, codified at 5 CFR part 2635, effective February 3, 1993, established uniform standards of ethical conduct that apply to all executive branch personnel. Section 2635.105 of the OGE Standards authorizes an agency, with the concurrence of OGE, to adopt agency-specific supplemental regulations that are necessary to properly implement its ethics program. The NMB, with OGE's concurrence, has determined that the following supplemental regulation is necessary to the successful implementation of its ethics program. II. Analysis of the Interim Regulations Section 10101.101 General Section 10101.101 explains that the supplemental regulations apply to all employees of the National Mediation Board and supplement the OGE Standards. Section 10101.102 Prior Approval for Outside Employment The OGE Standards, at 5 CFR 2635.803, specifically recognize that individual agencies may find it necessary or desirable to supplement the executive branch-wide regulations with a requirement for their employees to obtain approval before engaging in outside employment or activities. In accordance with 5 CFR 2635.803, the NMB has determined that it is desirable for the purpose of administering its ethics program to require employees to obtain approval before engaging in outside employment, regardless of whether that employment is compensated or uncompensated. This approval requirement will help ensure that potential ethical problems are resolved before employees undertake outside employment that could involve a violation of applicable statutes or the OGE Standards. Section 10101.102(a) provides that NMB employees must obtain prior written approval before engaging in compensated or uncompensated outside employment. Section 10101.102(b) sets forth procedures for requesting such approval. Section 10101.102(b)(1) states that requests for approval of outside employment be submitted in writing in advance of undertaking the employment. Section 10101.102(b)(2) requires that, within 30 calendar days of a significant change in the nature or the scope of the outside employment or in the employee's official position, the employee shall submit a revised request. Section 10101.102(c) sets forth the standard to be applied by the Board or its designee in acting on requests for prior approval of outside employment. Under this standard, approval shall be granted unless the Board or its designee determines that the outside employment is expected to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635. Section 10101.102(c) further provides that, before granting approval, the Board or its designee shall provide the request to the Designated Agency Ethics Official

(DAEO)in order for the employee to receive written ethics guidance and that this written ethics guidance shall be appended to the written approval. Section 10101.102(d) broadly defines “employment” for purposes of this section to cover any form of non-Federal employment or business relationship involving the provision of personal services, including writing when done under an arrangement with another person for production or publication of the written product. The definition of employment does not, however, include participation in the activities of nonprofit charitable, religious, professional, social, fraternal, and similar organizations unless such activities are for compensation other than the reimbursement of expenses, involve the provision of professional services or advice, or the organization's activities are devoted substantially to matters relating to the employee's official duties as defined in 5 CFR 2635.807(a)(2)(i)(B) through (E). III. Matters of Regulatory Procedure Under 5 U.S.C. 553(a)(2), rules relating to agency management or personnel are exempt from the notice and comment rulemaking requirements of the Administrative Procedure Act (APA). In addition, under 5 U.S.C. 553(b)(3)(A), notice and comment rulemaking requirements do not apply to rules concerning matters of agency organization, procedure, or practice. Given that the rule concerns matters of agency management or personnel, and organization, procedure, or practice, the notice and comment requirements of the APA do not apply here. Nor is a public hearing required under 45 U.S.C. 160a. Furthermore, under 5 U.S.C. 553(b)(3)(B), the NMB finds that good cause exists to waive the proposed rulemaking requirements under the APA because the notice and comment procedures would be contrary to the public interest. The Federal Aviation Administration Modernization and Reform Act of 2012 included a provision for the Government Accountability Office

(GAO)to evaluate NMB programs and activities every 2 years. In its most recent evaluation, GAO recommended that the NMB implement internal controls to ensure that employee requests for outside employment comply with OGE Standards and federal law. For this reason, the NMB finds good cause to issue this regulation as an interim final rule with a provision for a 60 day public comment period. The NMB will review all comments received during the comment period and will consider any modifications that appear appropriate in adopting this rule as final, with the concurrence of OGE. Executive Order 12866 This rule is not a significant rule for purposes of Executive Order 12866 and has not been reviewed by the Office of Management and Budget. Regulatory Flexibility Act As required by the Regulatory Flexibility Act, the NMB certifies that these regulatory changes will not have a significant impact on small business entities. This rule will not have any significant impact on the quality of the human environment under the National Environmental Policy Act. Paperwork Reduction Act The NMB has determined that the Paperwork Reduction Act does not apply because this interim regulation does not contain any information collection requirements that require the approval of the Office of Management and Budget. List of Subjects in 5 CFR Part 10101 Conflicts of interests, Government employees. Dated: October 18, 2018. By direction of the Board. Mary Johnson, General Counsel, National Mediation Board. Emory A. Rounds, III, Director, U.S. Office of Government Ethics. For the reasons set forth in the preamble, the National Mediation Board with the concurrence of the U.S. Office of Government Ethics, is amending title 5 of the Code of Federal Regulations by establishing chapter CI, consisting of part 10101, to read as follows: CHAPTER CI—NATIONAL MEDIATION BOARD PART 10101—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE NATIONAL MEDIATION BOARD Sec. 10101.101 General. 10101.102 Prior approval for outside employment. Authority: 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government Act of 1978); 44 Stat. 577, as amended; 45 U.S.C. 151, 160a; E.O. 12674, 54 FR 15159, 3 CFR, 189 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.803. § 10101.101 General. *Purpose.* In accordance with 5 CFR 2635.105, the regulations in this part apply all employees of the National Mediation Board

(NMB)and supplement the Standards of Ethical Conduct for Employees of the Executive Branch at 5 CFR 2635. § 10101.102 Prior approval for outside employment.

(a)*General Requirement.* Before engaging in compensated or uncompensated outside employment, all National Mediation Board employees must obtain written approval from the Board or its designee.

(b)*Procedure for requesting approval.*

(1)The approval by the Board or its designee shall be requested in writing in advance of engaging in outside employment.

(2)Upon a significant change in the nature of scope of the outside employment or in the employee's official position, the employee shall submit a revised request for approval within 30 calendar days.

(c)*Standard for approval.*

(1)Approval shall be granted unless the Board or its designee determines that the outside employment is expected to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635.

(2)As part of the approval process, the Board or its designee shall provide the request to the Designated Agency Ethics Official

(DAEO)in order for the employee to receive written ethics guidance. In the event, the DAEO is the Board's designee, the DAEO shall provide written ethics guidance upon receiving the request. This written ethics guidance shall be appended to the written approval.

(d)*Definition of employment.* For purposes of this section, “employment” means any form of non-Federal employment or business relationship, compensated or uncompensated, involving the provision of personal services by the employee. It includes, but is not limited to personal services as an officer, director, employee, agent, attorney, consultant, contractor, general partner, trustee, teacher, or speaker. It includes writing when done under an arrangement with another person for production or publication of the written product. It does not, however, include participation in the activities of a nonprofit charitable, religious, professional, social, fraternal, educational, recreational, public service or civic organization, unless such activities are for compensation other than reimbursement of expenses; such activities involve the provision of professional services or advice; or the organization's activities are devoted substantially to matters relating to the employee's official duties as defined in 5 CFR 2635.807(a)(2)(i)(B) through (E). [FR Doc. 2018-23548 Filed 10-31-18; 8:45 am]

Connectionstraces to 6

Traces to 6 documents

U.S. Code