Notices. Final rule
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/register/2018/12/07/2018-26265A 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-2018-12-07.xml --- 83 235 Friday, December 7, 2018 Contents Editorial Note: In the printed version of the **Federal Register** Table of Contents for Thursday, December 6, 2018, FR Doc. 2018-26499 was incorrectly indexed under Commission on Interstate Child Support. This document should have been indexed under Coast Guard. Agriculture Agriculture Department See Farm Service Agency See Food Safety and Inspection Service See Rural Utilities Service RULES Highly Erodible Land and Wetland Conservation, 63046-63052 2018-26521 NOTICES Performance Review Board Membership, 63148 2018-26255 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 63151-63154 2018-26537 2018-26538 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63165-63166 2018-26535 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Head Start Child and Family Experiences Survey, 63164-63165 2018-26563 Coast Guard Coast Guard RULES Safety Zones: Barters Island Bridge, Back River, Barters Island, ME, 63059-63061 2018-26578 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency PROPOSED RULES Real Estate Appraisals, 63110-63127 2018-26507 Copyright Office Copyright Office, Library of Congress RULES Notices of Intention and Statements of Account Under Compulsory License To Make and Distribute Phonorecords of Musical Works, 63061-63066 2018-26579 Defense Department Defense Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Use of Products and Services of Kaspersky Lab, 63163-63164 2018-26525 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Student Aid Feedback System, 63160-63161 2018-26542 Environmental Protection Environmental Protection Agency RULES National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Tomah Armory Landfill Superfund Site, 63068-63073 2018-26486 Partial Deletion of the Beloit Corporation Superfund Site, 63067-63068 2018-26480 Significant New Use Rules on Certain Chemical Substances;
Withdrawal, 63066-63067 2018-26686 PROPOSED RULES National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Tomah Armory Landfill Superfund Site, 63146-63147 2018-26492 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipts, 63161-63162 2018-26577 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 63162 2018-26718 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Agricultural Foreign Investment Disclosure Act Report, 63148-63149 2018-26504 Request for Special Priorities Assistance, 63149 2018-26505 Federal Communications Federal Communications Commission RULES Establishment of the Office of Economics and Analytics, 63073-63076 2018-26423 Promoting Investment in the 3550-3700 MHz Band, 63076-63097 2018-25795 Reporting Requirements Governing Hearing Aid-Compatible Mobile Handsets, 63098-63106 2018-26037 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Real Estate Appraisals, 63110-63127 2018-26507 NOTICES Termination of Receiverships, 63162 2018-26539 Federal Housing Finance Agency Federal Housing Finance Agency RULES Miscellaneous Federal Home Loan Bank Operations and Authorities—Financing Corporation Assessments, 63054-63059 2018-26449 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers;
Exemption Applications: Applications for Exemption From the Electronic Logging Device Rule, 63194-63196 2018-26597 Federal Railroad Federal Railroad Administration RULES System Safety Program, 63106-63109 2018-26447 Federal Reserve Federal Reserve System PROPOSED RULES Real Estate Appraisals, 63110-63127 2018-26507 NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 63163 2018-26572 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 63162-63163 2018-26571 Food and Drug Food and Drug Administration PROPOSED RULES Medical Device De Novo Classification Process, 63127-63146 2018-26378 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Environmental Impact Considerations, 63179-63182 2018-26556 Research and Evaluation Survey for the Public Education Campaign on Tobacco Among the Lesbian Gay Bisexual Transgender Community, 63176-63178 2018-26555 Food Handler Antiseptic Drug Products for Over-the-Counter Human Use; Request for Data and Information, 63168-63176 2018-26561 Framework for a Real-World Evidence Program, 63178-63179 2018-26546 Guidance: Developing and Labeling In vitro Companion Diagnostic Devices for a Specific Group or Class of Oncology Therapeutic Products, 63166-63167 2018-26554 Food Safety Food Safety and Inspection Service RULES Uniform Compliance Date for Food Labeling Regulations, 63052-63053 2018-26526 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities:
Fluid Equipment Development Co., LLC, Foreign-Trade Zone 70, Detroit, MI, 63154-63155 2018-26549 Tesla, Inc., Foreign-Trade Zone 18, San Jose, CA, 63154 2018-26547 Subzone Approvals: Mayfield Consumer Products Mayfield and Hickory, KY, 63155 2018-26548 Subzone Status Approvals: Winpak Heat Seal Corp., Pekin, IL, 63155 2018-26550 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Use of Products and Services of Kaspersky Lab, 63163-63164 2018-26525 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Meetings:
Presidential Advisory Council on HIV/AIDS, 63183-63184 2018-26568 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Family-to-Family Health Information Center Feedback Surveys, 63182-63183 2018-26524 Homeland Homeland Security Department See Coast Guard Interior Interior Department See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Guidance Related to the Foreign Tax Credit, Including Guidance Implementing Changes Made by the Tax Cuts and Jobs Act, 63200-63266 2018-26322 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Chlorinated Isocyanurates From the People's Republic of China, 63159-63160 2018-26551 Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates, 63157-63159 2018-26545 Welded Carbon Steel Standard Pipe and Tube Products From Turkey, 63155-63157 2018-26544 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare Parts, 63186-63187 2018-26522 Steel Concrete Reinforcing Bar From Belarus, China, Indonesia, Latvia, Moldova, Poland, and Ukraine, 63188 2018-26541 Meetings;
Sunshine Act, 63185-63186 2018-26608 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reemployment Services and Eligibility Assessments Program Implementation Study, 63188-63189 2018-26574 Library Library of Congress See Copyright Office, Library of Congress Maritime Maritime Administration NOTICES Meetings: U.S. Merchant Marine Academy Board of Visitors, 63196 2018-26529 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Use of Products and Services of Kaspersky Lab, 63163-63164 2018-26525 National Institute National Institutes of Health NOTICES Laboratory Animal Welfare: Draft Report on Recommendations To Reduce Administrative Burden on Researchers, 63184 2018-26557 National Oceanic National Oceanic and Atmospheric Administration NOTICES Takes of Marine Mammals: Incidental to Geophysical Surveys in the Atlantic Ocean, 63268-63381 2018-26460 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings:
Advisory Committee on Reactor Safeguards, 63189-63190 2018-26506 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Vineyard Wind LLC's Proposed Wind Energy Facility Offshore Massachusetts, 63184-63185 2018-26573 Personnel Personnel Management Office RULES General Schedule Locality Pay Areas, 63042-63046 2018-26519 Veterans' Preference, 63041-63042 2018-26265 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials:
Emergency Waiver No. 11, 63196-63197 2018-26527 Rural Utilities Rural Utilities Service NOTICES Environmental Impact Statements; Availability, etc.: Cardinal-Hickory Creek 345-kv Transmission Line Project, 63149-63151 2018-26558 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 63190 2018-26656 Surface Transportation Surface Transportation Board NOTICES Change in Operators Exemptions: St. Paul and Pacific Northwest Railroad Co., LLC; Kettle Falls International Railway, LLC, 63190-63191 2018-26581 Continuance in Control Exemptions:
Progressive Rail Inc.; St. Paul and Pacific Northwest Railroad Co., LLC, 63191 2018-26582 Lease Amendment and Operation Exemption Including Interchange Commitment: North Carolina and Virginia Railroad Co., LLC, Chesapeake and Albemarle Railroad Division; Norfolk Southern Railway Co., 63192 2018-26575 Tennessee Tennessee Valley Authority NOTICES Environmental Impact Statements; Availability, etc.: Gallatin Fossil Plant Surface Impoundment Closure and Restoration Project, 63192-63194 2018-26531 Transportation Department Transportation Department See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 63200-63266 2018-26322 Part III Commerce Department, National Oceanic and Atmospheric Administration, 63268-63381 2018-26460 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. 83 235 Friday, December 7, 2018 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 211 RIN 3206-AN47 Veterans' Preference AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The U.S. Office of Personnel Management
(OPM)is issuing a final rule to implement a statutory change pertaining to veterans' preference. This change is made in response to the Gold Star Fathers Act of 2015. The Act broadens the category of individuals eligible for veterans' preference to provide that fathers of certain permanently disabled or deceased veterans shall be included with mothers of such veterans as preference eligibles for treatment in the civil service. DATES: This rule will be effective January 7, 2019. FOR FURTHER INFORMATION CONTACT: Roseanna Ciarlante by telephone on
(267)932-8640, by fax at
(202)606-4430, by TTY at
(202)418-3134, or by email at *Roseanna.Ciarlante@opm.gov.* SUPPLEMENTARY INFORMATION: On October 7, 2015, the Gold Star Fathers Act of 2015 (the “Act”) was enacted as Public Law 114-62. The Act provides an amendment to the eligibility criteria for veterans' preference purposes by amending subparagraphs
(F)and
(G)to 5 U.S.C. 2108(3). The amendment provides that fathers of certain permanently disabled or deceased veterans shall be included with mothers of such veterans as preference eligibles for treatment in the civil service. The Act also changes the requirements for parents of such veterans to qualify for this preference. The Act replaces 5 U.S.C. 2108(3)(F) to state that the parent of an individual who lost his or her life under honorable conditions while serving in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955, is eligible for preference if the spouse of that parent is totally and permanently disabled; or that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse. The Act also replaces 5 U.S.C. 2108(3)(G) to state that the parent of a service-connected permanently and totally disabled veteran is eligible for preference if the spouse of that parent is totally and permanently disabled; or that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse. On December 27, 2016, OPM issued an interim rule at 81 FR 94909, amending 5 CFR 211.102(d) to state that a “preference eligible” is “a veteran, disabled veteran, sole survivor veteran, spouse, widow, widower, or parent who meets the definition of `preference eligible' in 5 U.S.C. 2108.” The amendment replaced the word “mother” with the word “parent” to conform to the statutory definition. Discussion of Comments During the 60-day comment period between December 27, 2016 and February 27, 2017, OPM received one comment from an individual. The individual expressed concern that absent oversight, agencies will use this change to
(1)replace their older career employees with a non-career workforce, and
(2)circumvent unspecified special hiring authorities. The commenter did not articulate how giving the fathers of certain permanently-disabled or deceased veterans the same rights as mothers would have these effects. Because the commenter's concern is unclear and speculative, OPM cannot address it. OPM acknowledges that oversight of veterans' preference is critical. OPM conducts regular reviews of veterans hiring across the Government to ensure that veterans are receiving the entitlements they have earned in the Federal hiring process. We have identified no systemic abuses or issues with veterans' preference or veterans hiring practices. Regulatory Impact Analysis OPM has examined the impact of this rule as required by Executive Order 12866 and Executive Order 13563, which directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public, health, and safety effects, distributive impacts, and equity). A regulatory impact analysis must be prepared for major rules with economically significant effects of $100 million or more in any one year. This rule was not designated as a “significant regulatory action,” under Executive Order 12866 and was not reviewed by the Office of Management and Budget. Reducing Regulation and Controlling Regulatory Costs This final rule is not an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866. Regulatory Flexibility Act The Office of Personnel Management certifies that this rule will not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Act of 1995 This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Congressional Review Act This action pertains to agency management, personnel, and organization and does not substantially affect the rights or obligations of nonagency parties and, accordingly, is not a “rule” as that term is used by the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. Paperwork Reduction Act of 1995 Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) (PRA), unless that collection of information displays a currently valid Office of Management and Budget
(OMB)Control Number. This rule involves a collection of information subject to the PRA—Standard Form
(SF)15, *Application for 10-Point Veteran Preference,* OMB No. 3206-0001. OPM is currently reinstating this expired collection with changes to include an expanded population. The systems of record notice for this collection is: OPM GOVT-1 ( *https://www.opm.gov/information-management/privacy-policy/sorn/opm-sorn-govt-1-general-personnel-records.pdf* ). List of Subjects in 5 CFR Part 211 Government employees, Veterans. U.S. Office of Personnel Management Alexys Stanley, Regulatory Affairs Analyst. Accordingly, OPM amends part 211 of title 5, Code of Federal Regulations, as follows: PART 211—VETERAN PREFERENCE 1. The authority citation for part 211 continues to read as follows: Authority: 5 U.S.C. 1302, 2108, 2108a. 2. In § 211.102, revise paragraph
(d)introductory text to read as follows: § 211.102 Definitions.
(d)*Preference eligible* means a veteran, disabled veteran, sole survivor veteran, spouse, widow, widower, or parent who meets the definition of “preference eligible” in 5 U.S.C. 2108. [FR Doc. 2018-26265 Filed 12-6-18; 8:45 am]
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