Unknown. Final rule

4,124 words·~19 min read·/register/2021/09/21/2021-20308

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-2021-09-21.xml --- 86 180 Tuesday, September 21, 2021 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52471-52473 2021-20418 Agency Agency for International Development NOTICES Meetings: Global Water Strategy 2017-2022, 52438-52439 2021-20366 Agricultural Marketing Agricultural Marketing Service RULES Cotton Research and Promotion Program:

Procedures for Conduct of Sign-up Period, 52397-52399 2021-20061 PROPOSED RULES National Dairy Promotion and Research Board Reapportionment, 52420-52422 2021-20379 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52447-52448 2021-20307 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Generic Clearance for Emergency Economic Information Collections, 52441-52443 2021-20422 Small Business Pulse Survey, 52443-52444 2021-20421 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Advisory Committee on Immunization Practices, 52473-52474 2021-20473 Coast Guard Coast Guard RULES Safety Zones: Captain of the Port Lake Michigan Zone—Corn Festival Fireworks, Morris, IL, 52413 2021-20360 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application Package for AmeriCorps Seniors Applications Instructions, Progress Reporting, Independent Living and Respite Surveys, 52448 2021-20387 Defense Department Defense Department NOTICES TRICARE: TRICARE Plan Program Changes for Calendar Year 2022, 52448-52450 2021-20309 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Assessment of Educational Progress 2022 Materials Update No. 2, 52450-52451 2021-20367 William D.

Ford Direct Loan Program General Forbearance Request, 52451-52452 2021-20368 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statement of Expenditures and Financial Adjustments of Federal Funds for Unemployment Compensation for Federal Employees and Ex-Servicemembers Report, 52500-52501 2021-20313 Meetings: Reestablished Advisory Committee on Apprenticeship, 52499 2021-20397 Proposed Disposal and Reuse of Excess Property:

Earle C. Clements Job Corps Center, 52500 2021-20312 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Test Procedures for Consumer Warm Air Furnaces; Denial of Petition for Rulemaking, 52422-52429 2021-19813 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52452 2021-20392 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Iowa; Polk County; State Implementation Plan, 52413-52415 2021-20157 Control of Air Pollution from Airplanes and Airplane Engines: GHG Emission Standards and Test Procedures, 52416 C1-2020-28882 Exemption from the Requirement of a Tolerance: Styrene-Maleic Anhydride Ethyl Amine Salt Copolymer, 52416-52418 2021-20411 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Chemical Data Reporting under the Toxic Substances Control Act, 52457-52459 2021-20355 Certain New Chemicals or Significant New Uses:

Statements of Findings for July 2021, 52459-52460 2021-20356 Pesticide Product Registration: Receipt of Applications for New Active Ingredients (September 2021), 52460-52461 2021-20415 Receipt of Applications for New Uses (September 2021), 52461-52462 2021-20412 Export Import Export-Import Bank NOTICES Meetings; Sunshine Act, 52462 2021-20445 Federal Aviation Federal Aviation Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Disclosure of Seat Dimensions to Facilitate the Use of Child Safety Seats on Airplanes During Passenger-Carrying Operations, 52544-52545 2021-20122 Fractional Aircraft Ownership Programs, 52544 2021-20395 Federal Communications Federal Communications Commission PROPOSED RULES Assessment and Collection of Regulatory Fees for Fiscal Year 2021, 52429-52437 2021-20125 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52463-52467 2021-20306 Meetings:

Advisory Committee of State Regulators, 52467 2021-20358 Advisory Committee on Economic Inclusion, 52463 2021-20359 Federal Emergency Federal Emergency Management Agency NOTICES Final Flood Hazard Determinations, 52482 2021-20302 Flood Hazard Determinations; Changes, 52482-52490 2021-20299 2021-20300 Flood Hazard Determinations; Proposals, 52486-52487 2021-20301 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 52454-52455, 52457 2021-20384 2021-20385 Effectiveness of Exempt Wholesale Generator Status:

Blythe Mesa Solar II, LLC, Corazon Energy, LLC, Trent River Solar Mile Lessee, LLC, et al., 52453 2021-20383 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Leicester Street Solar, LLC, 52453-52454 2021-20382 Old Middleboro Road Solar, LLC, 52454 2021-20381 Meetings; Sunshine Act, 52455-52457 2021-20484 Federal Mediation Federal Mediation and Conciliation Service NOTICES Privacy Act; Systems of Records, 52467-52469 2021-20352 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 52469 2021-20317 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 52469-52471 2021-20318 2021-20320 2021-20429 Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 52470 2021-20410 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 52470-52471 2021-20428 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings:

Board, 52471 2021-20347 Food and Drug Food and Drug Administration RULES Import Tolerances for Residues of Unapproved New Animal Drugs in Food, 52401-52412 2021-19967 NOTICES Final Administrative Orders for Over-the-Counter Monographs; Availability, 52474-52478 2021-20393 Food Safety Food Safety and Inspection Service NOTICES Kit Product Labeling Guideline, 52439-52441 2021-20403 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: AbbVie Ltd., Foreign-Trade Zone 7, Mayaguez, PR, 52444 2021-20376 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 52478-52479 2021-20324 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Funding Awards, 52554-52586 2021-20390 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Loan Guarantee, Insurance, and Interest Subsidy Program, 52491-52492 2021-20346 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See National Park Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: American Customer Satisfaction Index Government Customer Satisfaction Surveys, 52492-52493 2021-20243 E-Government Website Customer Satisfaction Surveys, 52494-52495 2021-20244 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Tissue Paper Products from the People's Republic of China, 52444-52445 2021-20398 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration See Wage and Hour Division NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Employer Adoption of Voluntary Health and Safety Standards, 52501 2021-20386 Land Land Management Bureau NOTICES Meetings: Northwest Colorado Resource Advisory Council, 52495-52496 2021-20305 Southwest Colorado Resource Advisory Council, 52495 2021-20314 Requests for Nominations: Resource Advisory Councils, 52496-52497 2021-20315 Steens Mountain Advisory Council, 52497-52498 2021-20316 National Credit National Credit Union Administration NOTICES Meetings;

Sunshine Act, 52502 2021-20450 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Center for Neutron Research Information Management System and Summer School Application, 52445 2021-20427 National Institute National Institutes of Health NOTICES Meetings: Clinical Center Research Hospital Board, 52479 2021-20369 National Human Genome Research Institute, 52480 2021-20374 National Institute of Allergy and Infectious Diseases, 52479, 52481 2021-20370 2021-20373 National Institute of Environmental Health Sciences, 52480-52481 2021-20375 National Institute of Mental Health, 52479-52480 2021-20424 National Institute of Neurological Disorders and Stroke, 52481-52482 2021-20372 National Institute on Drug Abuse, 52481 2021-20371 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Pacific cod in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area, 52419 2021-20419 Schedule of Fees for Access to Environmental Data, Information, and Related Products and Services, 52399-52401 2021-20194 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Implementation of Vessel Speed Restrictions to Reduce the Threat of Ship Collisions with North Atlantic Right Whales, 52445-52446 2021-20423 National Park National Park Service NOTICES National Register of Historic Places:

Pending Nominations and Related Actions, 52498-52499 2021-20350 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: Migrant Worker Whistleblower Stakeholder, 52502 2021-20311 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Rules for Patent Maintenance Fees, 52446-52447 2021-20340 Personnel Personnel Management Office RULES Noncompetitive Appointment of Certain Military Spouses, 52395-52397 2021-20308 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Constitution Day and Citizenship Day, and Constitution Week (Proc. 10258), 52385-52386 2021-20506 National POW/MIA Recognition Day (Proc. 10259), 52387-52388 2021-20507 EXECUTIVE ORDERS Ethiopia; Imposing Sanctions on Certain Persons with Respect to the Humanitarian and Human Rights Crisis (EO 14046), 52389-52393 2021-20508 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52502-52505 2021-20420 Securities Securities and Exchange Commission NOTICES Application:

Point72 Employee Investment Fund, LP and Point72 Asset Management, LP, 52524-52529 2021-20323 Meetings; Sunshine Act, 52540 2021-20533 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 52530 2021-20328 Cboe Exchange, Inc., 52521-52523 2021-20327 Financial Industry Regulatory Authority, Inc., 52508-52511 2021-20333 Nasdaq BX, Inc., 52511-52513, 52540-52542 2021-20326 2021-20337 Nasdaq GEMX, LLC, 52518-52520 2021-20336 Nasdaq MRX, LLC, 52516-52518 2021-20335 Nasdaq PHLX, LLC, 52513-52516, 52536-52539 2021-20325 2021-20329 New York Stock Exchange, LLC, 52505-52508, 52530-52534 2021-20331 2021-20332 NYSE Arca, Inc., 52539-52540 2021-20330 The Nasdaq Stock Market, LLC, 52534-52536 2021-20334 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

Afro-Atlantic Histories, 52542-52543 2021-20389 Medieval Bologna: Art for a University City, 52543 2021-20391 Determination Pursuant to Section 451 of the Foreign Assistance Act of 1961 Regarding FY 2020 Peacekeeping Operations, 52543 2021-20406 Meetings: Cultural Property Advisory Committee; Additional Meeting Agenda Item, 52543 2021-20339 Request for Cultural Property Protection: Former Government of the Islamic Republic of Afghanistan, 52542 2021-20341 Surface Transportation Surface Transportation Board NOTICES Quarterly Rail Cost Adjustment Factor, 52543-52544 2021-20353 Transportation Department Transportation Department See Federal Aviation Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Information Associated with the Aviation Manufacturing Jobs Protection Program, 52545-52546 2021-20363 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Waiver of Rights, Privileges, Exemptions and Immunities, 52490-52491 2021-20338 Veteran Affairs Veterans Affairs Department NOTICES Privacy Act; Systems of Records, 52546-52552 2021-20361 2021-20362 Wage Wage and Hour Division RULES Rescission of Joint Employer Status Under the Fair Labor Standards Act Rule;

Delay of Effective Date, 52412-52413 2021-20100 Separate Parts In This Issue Part II Housing and Urban Development Department, 52554-52586 2021-20390 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. 86 180 Tuesday, September 21, 2021 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 315 RIN 3206-AM76 Noncompetitive Appointment of Certain Military Spouses AGENCY:

Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing final regulations to modify the provisions governing the recruitment and employment of certain military spouses in Federal agencies to conform to statutory mandates affecting the rules governing this hiring authority and to carry out certain provisions of an Executive order of May 9, 2018, *Enhancing Noncompetitive Civil Service Appointments of Military Spouses* . OPM is revising the current text to conform the eligibility criteria for appointment of military spouses to intervening statutory requirements and add agency reporting requirements. The intent of this hiring authority is to enhance the recruitment and noncompetitive appointment of certain military spouses for permanent Federal positions in the competitive service. DATES: This rule is effective October 21, 2021. FOR FURTHER INFORMATION CONTACT: Michelle Glynn, telephone: 202-606-1571, fax: 202-606-3340, TDD: 202-418-3134, or email: *michelle.glynn@opm.gov* . SUPPLEMENTARY INFORMATION: On May 29, 2020, the Office of Personnel Management

(OPM)published proposed regulations in the **Federal Register** at 85 FR 32304 to modify the provisions governing the hiring authority for certain military spouses. OPM made these changes to effect provisions contained in the Fiscal Year

(FY)2013 National Defense Authorization Act (NDAA), Public Law 112-239, section 566, subsequently codified at 5 U.S.C. 3330d; the FY 2017 NDAA, Public Law 114-328, section 1131, which amended 5 U.S.C. 3330d(c); and the FY 2019 NDAA, Public Law 115-232, section 573, which temporarily amends 5 U.S.C. 3330d and imposes a temporary reporting requirement on OPM; as well as certain provisions of E.O. 13832 of May 9, 2018, *Enhancing Noncompetitive Civil Service Appointments of Military Spouses,* imposing permanent agency reporting requirements. OPM received one comment on the proposed rule from an individual. The individual recommends that OPM use the term “temporary” in conjunction with “noncompetitive” when describing or referring to this hiring authority. OPM is not adopting this suggestion. Agencies may appoint eligible spouses to positions on a permanent, term, or temporary basis under this authority. The regulations in 5 CFR part 316 currently provide for noncompetitive appointment of certain military spouses on a term or temporary basis (§ 316.301.302(b)(3) for term employment and § 316.402(b)(3) for temporary limited employment). OPM is adopting the proposed regulation with one minor change to the email address for submission of agency's yearly reports to Department of Labor. Regulatory Flexibility Act The Office of Personnel Management Director certifies that this regulation will not have a significant economic impact on a substantial number of small entities because it applies only to Federal agencies and employees. E.O. 13563 and E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 13563 and 12866. E.O. 13132, Federalism This regulation will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to warrant preparation of a Federalism Assessment. E.O. 12988, Civil Justice Reform This regulation meets the applicable standard set forth in section 3(a) and (b)(2) of Executive Order 12988. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local or tribal governments of more than $100 million annually. Thus, no written assessment of unfunded mandates is required. Congressional Review Act The Congressional Review Act (5 U.S.C. 801 *et seq.* ) requires rules (as defined in 5 U.S.C. 804) to be submitted to Congress before taking effect. OPM will submit to Congress and the Comptroller General of the United States a report regarding the issuance of this action before its effective date, as required by 5 U.S.C. 801. OMB's Office of Information and Regulatory Affairs has determined that this is not a “major rule” as defined by the Congressional Review Act (5 U.S.C. 804(2)). Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) This final regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. List of Subjects in 5 CFR Part 315 Government employees. Office of Personnel Management Alexys Stanley, Regulatory Affairs Analyst. Accordingly, OPM is amending 5 CFR part 315 as follows: PART 315—CAREER AND CAREER-CONDITIONAL EMPLOYMENT 1. The authority citation for part 315 is revised to read as follows: Authority: 5 U.S.C. 1302, 2301, 2302, 3301, and 3302; E.O. 10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218; and E.O. 13162, 65 FR 43211, 3 CFR, 2000 Comp., p. 283, unless otherwise noted. Secs. 315.601 and 315.609 also issued under 22 U.S.C. 3651 and 3652. Secs. 315.602 and 315.604 also issued under 5 U.S.C. 1104. Sec. 315.603 also issued under 5 U.S.C. 8151. Sec. 315.605 also issued under E.O. 12034, 43 FR 1917, 3 CFR, 1978 Comp., p. 111. Sec. 315.606 also issued under E.O. 11219, 30 FR 6381, 3 CFR, 1964-1965 Comp., p. 303. Sec. 315.607 also issued under 22 U.S.C. 2560. Sec. 315.608 also issued under E.O. 12721, 55 FR 31349, 3 CFR, 1990 Comp., p. 293. Sec. 315.610 also issued under 5 U.S.C. 3304(c). Sec. 315.611 also issued under 5 U.S.C. 3304(f). Sec. 315.612 also issued under E.O. 13473, 73 FR 56703, 3 CFR, 2008 Comp., p. 241; Sec. 566, Pub. L. 112-239, 126 Stat. 1632 (5 U.S.C. 3330d); Sec. 1131, Pub. L. 114-328, 130 Stat. 2000 (5 U.S.C. 3330d(c)); Sec. 573, Pub. L. 115-232, 132 Stat. 1636 (5 U.S.C. 3330d); and E.O. 13832, 83 FR 22343, 3 CFR, 2018 Comp., p. 808. Sec. 315.708 also issued under E.O. 13318, 68 FR 66317, 3 CFR, 20043 Comp., p. 265. Sec. 315.710 also issued under E.O. 12596, 52 FR 17537, 3 CFR, 1987 Comp., p. 229; E.O. 13832, 83 FR 22343, 3 CFR, 2018 Comp., p. 808; and Sec. 573, Pub. L. 115-232, 132 Stat. 1636 (5 U.S.C. 3330d). Subpart F—Career or Career Conditional Appointment Under Special Authorities 2. In § 315.612, revise paragraphs

(a)through

(e)and add paragraph

(h)to read as follows: § 315.612 Noncompetitive appointment of certain military spouses.

(a)*Agency authority.* In accordance with the provisions of this section, an agency head may appoint noncompetitively a spouse of a member of the armed forces serving on active duty, a spouse of a 100 *percent* disabled service member injured while on active duty, or the un-remarried widow or widower of a service member who was killed while performing active duty.

(b)*Definitions* —(1) *Active duty* means full-time duty in the armed forces, including full-time National Guard duty, except that for Reserve Component members the term “active duty” does not include training duties or attendance at service schools.

(2)*Armed forces* has the meaning given that term in 10 U.S.C. 101.

(3)*Duty station* means the permanent location to which a member of the armed forces is assigned for duty as specified on the individual's permanent change of station

(PCS)orders.

(4)*Member of the armed forces* or *service member* means an individual who:

(i)Is serving on active duty in the armed forces or serving under orders specifying the individual is called or ordered to active duty for more than 180 consecutive days;

(ii)Retired or was released or discharged from active duty in the armed forces and has a disability rating of 100 percent as documented by the Department of Veterans Affairs; or

(iii)Was killed while serving on active duty in the armed forces.

(5)*Spouse* means the husband or wife of a member of the armed forces.

(c)*Eligibility.* (1)(i) A spouse of a member of the armed forces as defined in paragraph (b)(4)(i) of this section must be currently married to the member of the armed forces on active duty.

(ii)For appointments made on or after August 13, 2023, the following additional criteria must be met for eligibility for appointment (for appointments made prior to or on August 12, 2023, the criteria in this paragraph (c)(1)(ii) does not apply):

(A)The member of the armed forces must have received orders authorizing a permanent change of station.

(B)The spouse must have married the member of the armed forces on, or prior to, the date of such orders authorizing the permanent change of station.

(C)The spouse must have relocated or is relocating with the member of the armed forces to the new duty station specified in the documentation ordering the permanent change of station.

(2)A spouse of a member of the armed forces as defined in paragraph (b)(4)(ii) of this section must be currently married to the member of the armed forces.

(3)A spouse of a member of the armed forces as defined in paragraph (b)(4)(iii) of this section must be the un-remarried widow or widower of the member of the armed forces killed on active duty in the armed forces.

(4)Except as indicated in paragraph (c)(5) of this section, noncompetitive appointment of eligible spouses under this section are not restricted to a geographical location.

(5)Beginning August 13, 2023, the noncompetitive appointment of a relocating spouse of a member of the armed forces as defined in paragraph (b)(4)(i) of this section is limited to the geographic area of the permanent duty station of the member of the armed forces, unless there is no agency with a position within the geographic area of the permanent duty station of the member of the armed forces.

(d)*Conditions.*

(1)In accordance with the provisions of this section, a spouse is eligible for noncompetitive appointment:

(i)From the date of documentation verifying the spouse's marriage to a member of the armed forces as defined in paragraph (b)(4)(i) of this section, where the spouse seeks appointment based upon marriage to an active duty member of the armed forces;

(ii)From the date of documentation verifying that the member of the armed forces is 100 percent disabled, where the spouse seeks appointment based upon marriage to a member defined in paragraph (b)(4)(ii) of this section; or

(iii)From the date of documentation verifying that the member of the armed forces was killed while on active duty where the spouse seeks appointment as the widow or widower of a member defined in paragraph (b)(4)(iii) of this section.

(2)The spouse of a member of the armed forces as defined in paragraph (b)(4)(i) of this section may receive unlimited noncompetitive appointments under this section to permanent positions through August 12, 2023. Beginning August 13, 2023, the spouse of such a member may receive a noncompetitive appointment under this section if the member receives permanent change of station orders and is limited to one such appointment per permanent change of station.

(3)A spouse of a member of the armed forces as defined in paragraph (b)(4)(ii) or

(iii)of this section may receive only one noncompetitive appointment under this section to a permanent position.

(4)Any law, Executive order, or regulation that disqualifies an applicant for appointment also disqualifies a spouse for appointment under this section.

(e)*Proof of eligibility.* (1)(i) Prior to appointment, the spouse of a member of the armed forces as defined in paragraph (b)(4)(i) of this section must submit to the employing agency copies of:

(A)Documentation verifying active duty status; and

(B)Documentation verifying marriage to the member of the armed forces ( *i.e.,* a marriage certificate or other legal documentation verifying marriage).

(ii)For appointments made on or after August 13, 2023, the spouse must also submit to the employing agency a copy of the service member's orders reflecting a permanent change of station, dated August 13, 2023, or later. (For appointments made on or before August 12, 2023, the requirement of this paragraph (e)(1)(ii) does not apply.)

(2)Prior to appointment, the spouse of a member of the armed forces as defined in paragraph (b)(4)(ii) of this section must submit to the employing agency copies of:

(i)Documentation showing the member of the armed forces retired, or was released or discharged from active duty, with a disability rating of 100 percent; and

(ii)Documentation verifying marriage to the member of the armed forces ( *i.e.,* a marriage license or other legal documentation verifying marriage).

(3)Prior to appointment, the spouse of a member of the armed forces as defined in paragraph (b)(4)(iii) of this section must submit to the employing agency copies of:

(i)Documentation showing the member was released or discharged from active duty due to his or her death while on active duty;

(ii)Documentation verifying the member of the armed forces was killed while serving on active duty;

(iii)Documentation verifying the widow or widower's marriage to the member of the armed forces ( *i.e.,* a marriage license or other legal documentation verifying marriage); and

(iv)A statement certifying that the individual seeking to use the authority is the un-remarried widow or widower of the service member.

(h)*Agency reporting requirements.*

(1)As required by Executive Order 13832, each agency shall report annually (by December 31st of each year) to OPM and the Department of Labor on:

(i)The number of positions made available under the military spouse hiring authority;

(ii)The number of applications submitted under the military spouse hiring authority;

(iii)The number of military spouses appointed under the military spouse hiring authority during the preceding fiscal year; and

(iv)Actions taken to advertise the military spouse hiring authority, and any other actions taken to promote the hiring of military spouses.

(2)As required by section 573(d) of Public Law 115-232, each agency shall report annually until August 13, 2023, and separate from the report required in paragraph (h)(1) of this section on the following:

(i)The number of relocating and non-relocating spouses of current military members appointed under this authority;

(ii)The types of positions filled (by title, series, and grade level); and

(iii)The effectiveness of this hiring authority.

(3)Agencies should send their reports electronically to OPM's Employee Services, VETS Office at *militaryspouse@opm.gov* .

(4)Agencies are also required to send their reports separately and directly to Department of Labor

(DOL)at *milspouse@dol.gov* . [FR Doc. 2021-20308 Filed 9-20-21; 8:45 am]

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