Unknown. Interim final rule; request for comments

4,368 words·~20 min read·/register/2023/09/28/2023-21254·

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-2023-09-28.xml --- 88 187 Thursday, September 28, 2023 Contents Agriculture Agriculture Department See Food and Nutrition Service See Rural Utilities Service Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66820-66821 2023-21273 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Meetings: Medicare Program;

Town Hall on the Fiscal Year 2025 Applications for New Medical Services and Technologies Add-On Payments, 66850-66853 2023-21186 Children Children and Families Administration RULES Separate Licensing or Approval Standards for Relative or Kinship Foster Family Homes, 66700-66709 2023-21081 PROPOSED RULES Foster Care Legal Representation, 66769-66780 2023-20932 Safe and Appropriate Foster Care Placement Requirements for Titles IV-E and IV-B, 66752-66769 2023-21274 Coast Guard Coast Guard RULES Safety Zone:

Lake Erie, Buffalo, NY, 66686-66687 2023-21194 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66933-66939 2023-21132 Consumer Product Consumer Product Safety Commission PROPOSED RULES Rules of Practice for Adjudicative Proceedings, 66722 2023-21165 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Defense Federal Acquisition Regulation Supplement Part 247, Transportation and Related Clauses, 66825-66826 2023-21227 Defense Federal Acquisition Regulation Supplement; Inspection and Receiving Report, 66821-66822 2023-21228 Defense Federal Acquisition Regulation Supplement; Occupational Safety, Drug-Free Work Force and Related Clauses, 66822-66823 2023-21230 Defense Federal Acquisition Regulation Supplement; Part 215 Negotiation, 66824-66825 2023-21232 Defense Federal Acquisition Regulation Supplement;

Part 251, Use of Government Sources by Contractors, 66823 2023-21229 Defense Federal Acquisition Regulation Supplement; Small Business Programs, 66824 2023-21231 DoD Pilot Mentor-Protege Program, 66823-66824 2023-21240 Defense Department Defense Department See Defense Acquisition Regulations System NOTICES Privacy Act; Systems of Records, 66826-66829 2023-21130 Delaware Delaware River Basin Commission PROPOSED RULES Rules of Practice and Procedure, 66722-66728 2023-21117 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Annual State Application Under Part C of the Individuals with Disabilities Act, 66829-66830 2023-21269 Application for Grants under the Talent Search Program, 66829 2023-21181 Application for Grants: National Resource Centers Program and Foreign Language and Area Studies Fellowships Program, 66830-66831 2023-21271 Employee Benefits Employee Benefits Security Administration PROPOSED RULES Requirements Related to the Mental Health Parity and Addiction Equity Act, 66728-66730 2023-21177 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Department of Labor-only Performance Accountability, 66902-66903 2023-21192 Workforce Innovation and Opportunity Act Common Performance Reporting, 66901-66902 2023-21195 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program: Energy Conservation Standards for Dedicated Purpose Pool Pump Motors, 66966-67041 2023-20343 PROPOSED RULES Energy Conservation Program: Standards for Walk-in Coolers and Freezers, 66710-66722 2023-21190 NOTICES Charter Amendments, Establishments, Renewals and Terminations:

President's Council of Advisors on Science and Technology, 66831 2023-21182 Meetings: Biological and Environmental Research Advisory Committee, 66832 2023-21238 Environmental Management Site-Specific Advisory Board, Oak Ridge, 66831 2023-21237 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Indiana; ArcelorMittal and NIPSCO Sulfur Dioxide Revisions, 66687-66690 2023-20743 WA; Yakima County Outdoor and Agricultural Burning Rule Revisions, 66690-66692 2023-21255 Washington;

Southwest Clean Air Agency; Emission Standards and Controls for Sources Emitting Gasoline Vapors, 66692-66694 2023-21266 Control of Emissions from New, Small Nonroad Spark-Ignition Engines and Equipment; CFR Correction, 66694 2023-21520 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: New Jersey; Exemptions to Improve Resiliency, Air Toxics Thresholds, PM 2.5 and Ammonia Emission Statement Reporting, and PM 2.5 in Air Permitting, 66733-66742 2023-21138 Hazardous Waste Management System:

Identification and Listing of Hazardous Waste, 66742-66751 2023-20408 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Filter Adoption Survey, 66841-66842 2023-21175 General Administrative Requirements for Assistance Programs, 66840-66841 2023-21164 Exemption: Metamitron, 66842-66843 2023-21184 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Dassault Aviation Airplanes, 66681-66686 2023-21100 2023-21103 Federal Communications Federal Communications Commission PROPOSED RULES Establishing a 5G Fund for Rural America, 66781-66795 2023-21476 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 66933-66939 2023-21132 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 66843 2023-21554 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66834-66835 2023-21259 Application: Cove Point LNG, LP, 66835-66837 2023-21261 Combined Filings, 66832-66833, 66835 2023-21257 2023-21258 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

MS Solar 6, LLC, 66839-66840 2023-21263 Meetings: Reliability Technical Conference, 66837-66839 2023-21262 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Transportation Project in Washington State, 66929 2023-21236 Proposed Second Renewed Memorandum of Understanding: Assigning Certain Federal Environmental Responsibilities to the State of Arizona, Including National Environmental Policy Act Authority for Certain Categorical Exclusions, 66930-66931 2023-21279 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application:

Qualification of Drivers; Implantable Cardioverter Defibrillators, 66932-66933 2023-21198 Meetings: Truck Leasing Task Force, 66931-66932 2023-21285 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66843-66850, 66933-66939 2023-21132 2023-21142 2023-21152 2023-21157 2023-21158 2023-21159 2023-21160 2023-21161 Federal Transit Federal Transit Administration PROPOSED RULES Transit Worker Hours of Service and Fatigue Risk Management Listening Session:

Public Meeting, 66795 2023-21120 Financial Crimes Financial Crimes Enforcement Network PROPOSED RULES Beneficial Ownership Information Reporting Deadline Extension for Reporting Companies Created or Registered in 2024, 66730-66732 2023-21226 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Adverse Experience Reporting for Licensed Biological Products; and General Records, 66856-66858 2023-21252 Application for Food and Drug Administration Approval to Market a New Drug, 66853-66856 2023-21256 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Pandemic EBT, 66796-66797 2023-21515 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 66939-66959 2023-21185 2023-21224 Foreign Trade Foreign-Trade Zones Board NOTICES Reorganization under Alternative Site Framework: Foreign-Trade Zone 29, Louisville, KY, 66802 2023-21188 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ferrous Metals Surveys, 66883 2023-21183 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Requirements Related to the Mental Health Parity and Addiction Equity Act, 66728-66730 2023-21177 Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection Housing Housing and Urban Development Department NOTICES Economic Growth Regulatory Relief and Consumer Protection Act: Implementation of National Standards for the Physical Inspection of Real Estate; Extension of NSPIRE Compliance Date for HCV Programs, 66882 2023-21141 Industry Industry and Security Bureau NOTICES Order Denying Export Privileges: Azur Air, 66805-66807 2023-21172 PJSC Aeroflot, 66807-66810 2023-21173 UTair Aviation JSC, 66802-66805 2023-21171 Interior Interior Department See Geological Survey See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Requirements Related to the Mental Health Parity and Addiction Equity Act, 66728-66730 2023-21177 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Activated Carbon from the People's Republic of China, 66810-66811 2023-21199 Approved International Trade Administration Trade Mission, 66812-66815 2023-21170 Request for Comments: Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States, 66811-66812 2023-21193 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Selective Thyroid Hormone Receptor-Beta Agonists, Processes for Manufacturing or Relating to Same, and Products Containing Same, 66896-66897 2023-21140 Certain Smart Televisions, 66895-66896 2023-21260 Meetings;

Sunshine Act, 66895-66896 2023-21534 2023-21561 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Authorization for Release of Information, 66897-66898 2023-21127 Authorization for Release of Medical Information, 66900-66901 2023-21126 Authorization for the Release of Medical Information - Mental Health, 66899-66900 2023-21128 Uniform Crime Reporting Data Collection Instrument Pretesting and Burden Estimation Generic Clearance, 66898-66899 2023-21125 Proposed Consent Decree:

Clean Water Act, 66897 2023-21124 Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Wage and Hour Division Land Land Management Bureau RULES Minerals Management: Adjustment of Cost Recovery Fees, 66695-66700 2023-21191 NOTICES Public Lands: Malheur National Wildlife Refuge, OR; Withdrawal and Opportunity for Meeting, 66883-66884 2023-21287 Temporary Closure of Public Lands: 2023-2027 Laughlin Off-Highway Vehicle Races, Clark County, NV, 66884-66885 2023-21264 National Council National Council on Disability NOTICES Meetings;

Sunshine Act, 66907-66908 2023-21421 National Institute National Institutes of Health NOTICES Charter Amendments, Establishments, Renewals and Terminations: Applied Therapeutics for Cancer Integrated Review Group, 66859-66860 2023-21233 Social and Community Influences on Health Integrated Review Group, 66861 2023-21234 Meetings: National Cancer Institute, 66861-66862 2023-21147 National Heart, Lung, and Blood Institute, 66858-66859, 66862-66864 2023-21144 2023-21145 2023-21146 2023-21156 National Human Genome Research Institute, 66863 2023-21148 National Institute of Dental and Craniofacial Research, 66859 2023-21151 National Institute of Diabetes and Digestive and Kidney Diseases, 66862 2023-21153 National Institute of General Medical Sciences, 66858 2023-21154 National Institute on Aging, 66863 2023-21155 Request for Information:

Opportunities and Challenges for the Collection, Use, and Sharing of Real-World Data Including Electronic Health Records, for National Institutes of Health Supported Biomedical and Behavioral Research, 66860-66861 2023-21239 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska American Fisheries Act Permits, 66819-66820 2023-21196 Alaska Pacific Halibut Fisheries: Charter, 66817-66819 2023-21179 Electronic Logbook for the Commercial Shrimp Fishery in the Gulf of Mexico, 66815-66816 2023-21176 National Marine Fisheries Services Alaska Region Vessel Monitoring System Program, 66816-66817 2023-21288 Reporting Requirements for the Ocean Salmon Fishery off the Coasts of Washington, Oregon, and California, 66820 2023-21280 Tilefish Individual Fishing Quota Program, 66817 2023-21178 Permits;

Applications, Issuances, etc.: Marine Mammals; File No. 27424, 66815 2023-21225 National Park National Park Service NOTICES Inventory Completion: California State University, Chico, CA, 66894 2023-21251 Detroit Institute of Arts, Detroit, MI, 66889 2023-21244 Louisiana State University, Museum of Natural Science, Baton Rouge, LA, 66887, 66891-66892 2023-21245 2023-21246 University of California, Berkeley, Berkeley, CA, 66887-66889 2023-21249 University of California, Riverside, Riverside, CA, 66889-66890 2023-21248 University of Nevada, Las Vegas, Las Vegas, NV, 66885-66887, 66892-66893 2023-21241 2023-21242 2023-21243 Repatriation of Cultural Items:

California State University, Chico, CA, 66894-66895 2023-21250 University of California, Riverside, Riverside, CA, 66890-66891 2023-21247 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Awardee Reporting Requirements for the Established Program to Stimulate Competitive Research Research Infrastructure Improvement Programs, 66908-66909 2023-21281 Graduate Research Fellowships Program, 66910 2023-21276 National Science Foundation—Managed Honorary Awards, 66910-66911 2023-21277 Meetings:

Advisory Committee for Mathematical and Physical Sciences, 66912 2023-21265 Personnel Personnel Management Office RULES Federal Employees' Retirement System; Present Value Conversion Factors for Spouses of Deceased Separated Employees, 66679-66681 2023-21284 Noncompetitive Appointment of Certain Military Spouses, 66677-66679 2023-21254 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 66912-66913 2023-21253 Postal Service Postal Service NOTICES International Product Change:

Priority Mail Express International, Priority Mail International and First-Class Package International Service Agreement, 66913 2023-21149 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Asian American and Native American Pacific Islander-Serving Institutions Week (Proc. 10629), 67049-67050 2023-21638 National Historically Black Colleges and Universities Week (Proc. 10628), 67043-67047 2023-21637 National Hunting and Fishing Day (Proc. 10630), 67051-67052 2023-21650 National Public Lands Day (Proc. 10631), 67053-67054 2023-21651 Rural Utilities Rural Utilities Service NOTICES Funding Opportunity:

Calendar Year 2022 Disaster Circuit Rider Technical Assistance Grants Program, 66797-66802 2023-21129 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66923-66925 2023-21167 Application: T. Rowe Price OHA Select Private Credit Fund and OHA Private Credit Advisors, LLC, 66913 2023-21286 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 66916-66918 2023-21135 NYSE American, LLC, 66918-66921, 66925-66927 2023-21134 2023-21139 The Depository Trust Co., 66921-66923 2023-21137 The Nasdaq Stock Market, LLC, 66913-66916 2023-21136 Small Business Small Business Administration NOTICES Disaster Declaration:

California, 66928 2023-21187 Vermont, 66927-66928 2023-21189 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66864-66865 2023-21166 Surface Transportation Surface Transportation Board NOTICES Exemption: Temporary Overhead Trackage Rights; Pan Am Southern LLC, Boston and Maine Corp. and Springfield Terminal Railway Corp., 66928-66929 2023-21268 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration Treasury Treasury Department See Comptroller of the Currency See Financial Crimes Enforcement Network See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Notice to Account Holder for Garnishment of Accounts Containing Federal Benefit Payments, 66959-66960 2023-21282 Performance Review Board Members, 66960-66963 2023-21197 Customs U.S. Customs and Border Protection NOTICES Commercial Gauger and Laboratory; Accreditation and Approval: AmSpec Services, LLC, Mobile, AL, 66868-66869 2023-21202 AmSpec Services, LLC, Plainfield, IL, 66872-66873 2023-21200 AmSpec Services, LLC, Yorktown, VA, 66880-66881 2023-21203 AmSpec, LLC, Cape Canaveral, FL, 66865-66866 2023-21219 AmSpec, LLC, Davie, FL, 66867-66868 2023-21211 AmSpec, LLC, Mickleton, NJ, 66869-66870 2023-21221 AmSpec, LLC, Texas City, TX, 66866-66867 2023-21212 Camin Cargo Control, Inc., Corpus Christi, TX, 66874-66875 2023-21205 Coastal Gulf and International, Corpus Christi, TX, 66877 2023-21206 Coastal Gulf and International, Gonzales, LA, 66876 2023-21207 Dixie Services, Inc., Galena Park, TX, 66871-66872 2023-21213 Intertek USA, Inc., Benicia, CA, 66875-66876 2023-21208 Intertek USA, Inc., Carteret, NJ, 66879-66880 2023-21222 Intertek USA, Inc., Tampa, FL, 66872 2023-21214 Intertek USA, Inc., Texas City, TX, 66878-66879 2023-21220 Intertek USA, Inc., Valdez, AK, 66876-66877 2023-21215 Intertek USA, Inc., Yorktown, VA, 66873-66874 2023-21216 King Inspection and Testing, Inc., Carson, CA, 66869 2023-21209 Pan Pacific Surveyors, Inc.

Paramount, CA, 66870-66871 2023-21278 Saybolt LP, Deer Park, TX, 66881-66882 2023-21217 Saybolt LP, Wilmington, NC, 66877-66878 2023-21218 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Veteran/Servicemember's Supplemental Application for Assistance in Acquiring Specially Adapted Housing, 66963 2023-21210 Wage Wage and Hour Division NOTICES Rate Change: Minimum Wage for Federal Contracts, 66903-66907 2023-21114 2023-21115 Separate Parts In This Issue Part II Energy Department, 66966-67041 2023-20343 Part III Presidential Documents, 67043-67047, 67049-67054 2023-21638 2023-21637 2023-21650 2023-21651 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. 88 187 Thursday, September 28, 2023 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 315 [Docket ID: OPM-2023-0026] RIN 3206-AO57 Noncompetitive Appointment of Certain Military Spouses AGENCY: Office of Personnel Management.

ACTION: Interim final rule; request for comments. SUMMARY: The Office of Personnel Management

(OPM)is issuing interim regulations to implement the changes authorized by the National Defense Authorization Act

(NDAA)for Fiscal Year

(FY)2023 on the noncompetitive appointment authority for certain military spouses. These changes extend certain temporary provisions and remove the reporting requirements that were imposed by the NDAA for FY 2019. These changes will continue to enhance the recruitment and hiring of military spouses for permanent Federal positions in the competitive service. DATES: The interim regulations are effective on September 28, 2023. Comments must be received on or before November 27, 2023. ADDRESSES: You may submit comments, identified by docket number and/or Regulation Identifier Number

(RIN)and by title, by the following method: • *Federal Rulemaking Portal: https://www.regulations.gov.* Follow the instructions for submitting comments. All submissions received must include the agency name and docket number or RIN for this document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing at *https://www.regulations.gov* as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Michelle Glynn, telephone: 202-606-1571, fax: 202-606-4430, TDD: 202-418-3134, or email: *michelle.glynn@opm.gov.* SUPPLEMENTARY INFORMATION: On December 23, 2022, the President signed the National Defense Authorization Act

(NDAA)for Fiscal Year

(FY)2023 (Pub. L. 117-263) (“FY 2023 NDAA”). Section 573(d) of Public Law 115-232 (“FY 2019 NDAA”) provided for a temporary amendment to 5 U.S.C. 3330d to expand the eligibility for noncompetitive appointment of spouses currently married to a member of the armed forces on active duty. Under the FY 2019 NDAA, this authority would have sunset on August 13, 2023, which is reflected in OPM's current regulations. Section 1111 of the FY 2023 NDAA extended the temporary amendment until December 31, 2028. Section 573(d) of the FY 2019 NDAA required agencies to report annually to OPM on the number of relocating and non-relocating spouses of current military members appointed; the types of positions filled (by title, series, and grade level); and the effectiveness of this hiring authority. Section 573(d) also required a report to Congress 18 months after enactment that had become obsolete. The FY 2023 NDAA removed these temporary agency reporting requirements established under the FY 2019 NDAA. Although the reporting requirements have been removed from statute, section 3(f) of Executive Order 13832, of May 9, 2018, *Enhancing Noncompetitive Civil Service Appointments of Military Spouses,* imposed similar agency reporting requirements that are still in effect. The changes in the FY 2023 NDAA became effective upon the President's signature. OPM is amending its regulations through this interim final rule to reflect the provisions of the FY 2023 NDAA. Waiver of Notice of Proposed Rule Making OPM is issuing this rulemaking as an interim final rule because it has determined that, under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), it would be impracticable and contrary to the public interest to delay a final regulation until a public notice and comment process has been completed. OPM is also waiving general notice of proposed rulemaking under the Civil Service Reform Act's parallel rulemaking provisions at 5 U.S.C. 1103(b)(3) because the interim rule is necessary to be implemented expeditiously as a result of a statutory change to enhance the recruitment and employment of military spouses in the Federal government. Accordingly, to ensure the regulations accurately reflect the current state of the law, OPM finds that good cause exists to waive the general notice of proposed rulemaking pursuant to 5 U.S.C. 553(b)(3)(B). Expeditious issuance of this interim final regulation is required to prevent confusion in light of the (now invalid) August 13, 2023 sunset date reflected in the regulations for the expanded eligibility for noncompetitive appointment of spouses married to members of the armed forces on active duty. OPM will promulgate a final rule as soon as practical after receiving public comments on the interim final rule. Waiver of Delay in Effective Date Pursuant to 5 U.S.C. 553(d)(3), OPM finds that good cause exists to waive the delay in effective date and make these regulations effective in less than 30 days. The delay in effective date is being waived because the provisions of the law extending the noncompetitive appointment authority became effective upon enactment, December 23, 2022, and a delay could result in certain military spouses improperly losing consideration for appointment. Expected Impact of This Interim Final Rule A. Statement of Need OPM is issuing this interim rule to implement statutory changes codified at 5 U.S.C. 3330d, which extends the eligibility date for noncompetitive appointment of military spouses married to a member of the armed forces on active duty; and removes the temporary agency reporting requirements established under section 573(d) of Public Law 115-232. These changes are required under the provisions of the FY 2023 NDAA. B. Impact OPM's interim final rule allows spouses married to members of the armed forces on active duty to remain eligible for noncompetitive appointment under this hiring authority until December 31, 2028. On May 25, 2023, OPM issued CHCO Memo with updated guidance for this hiring authority, to include announcing the sunsetting date, the December 31, 2028 eligibility date, for spouses married to active duty members of the armed forces. 1 1 *https://www.chcoc.gov/content/noncompetitive-appointment-certain-military-spouses-questions-and-answers.* Under the FY 2019 NDAA provisions, these spouses were eligible until August 12, 2023. We anticipate that these statutory changes will improve and enhance the effectiveness of the noncompetitive appointment of these spouses consistent with E.O. 13832, which instructs agencies to consider military spouses to the greatest extent possible when filling positions in the competitive service. C. Regulatory Alternatives There are no regulatory alternatives to this interim final rule because OPM is required to implement the statute. D. Costs The costs associated with the interim final rule are minimal and include: the costs associated with the resources needed to process a potentially higher volume of job applicants for Federal jobs, and the usual learning curve of implementing a regulatory change. To help minimize the latter costs, OPM intends to provide technical assistance upon request to any agency that may require such assistance. Because agency resources and the potential volume of increased job applicants vary, OPM cannot monetize the costs of these rules. E. Benefits The interim final rule will benefit military spouses married to military members on active duty and hiring agencies as well. This rule will make clear that these spouses are eligible for noncompetitive appointment under this hiring authority until December 31, 2028, the sunset date of the FY 2023 NDAA provisions. Additionally, this rule benefits agencies by relieving them of the duplicative reporting requirements established under the FY 2019 NDAA provisions. Regulatory Review Executive Orders 13563, 12866, and 14094 direct 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). In accordance with the provisions of Executive Order 12866, this interim final rule was reviewed by the Office of Management and Budget as a significant regulatory action, but not significant under Section (3)(f)(1) of Executive Order 14094. Regulatory Flexibility Act The Director of OPM 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. 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, OPM has determined that this interim final rule does not have federalism implications that require preparation of a federalism summary impact statement. E.O. 12988, Civil Justice Reform OPM has determined this interim final rule meets the relevant standards of Executive Order 12988. Unfunded Mandates Reform Act of 1995 This interim final rule will not result in the expenditure by State, local or tribal governments or the private sector 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 regulatory action will not impose any reporting or recordkeeping requirements under the Paperwork Reduction Act. List of Subjects in 5 CFR Part 315 Government employees. Office of Personnel Management. Kayyonne Marston, Federal Register Liaison. Accordingly, OPM amends 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), Sec. 1111, Pub. L. 117-263, 136 Stat. 2395 (5 U.S.C. 3330d). Subpart F—Career or Career Conditional Appointment Under Special Authorities 2. Amend § 315.612 by: a. Revising paragraphs (c), (d), and

(e)by replacing each occurrence of “August 12, 2023” with “December 31, 2028”. b. Revising paragraphs (c), (d), and

(e)by replacing each occurrence of “August 13, 2023” with “January 1, 2029”. c. Revising paragraph

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

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

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

(DOL)at *milspouse@dol.gov* . [FR Doc. 2023-21254 Filed 9-27-23; 8:45 am]

Connectionstraces to 18

Traces to 18 documents

public-private-law

U.S. Code

7 references not yet in our index

5 CFR 315
22 USC 2560
Pub. L. 112-239
126 Stat. 1632
130 Stat. 2000
132 Stat. 1636
136 Stat. 2395

Citation graph

cites case law

Unknown

Interim final rule; request for comments

Pub. L.Public Law 117-263

Pub. L.Public Law 115-232

U.S.C.§ 3330d

Fed. Reg.Proposed Rules

U.S.C.§ 553

U.S.C.§ 1103

Fed. Reg.Notices

Fed. Reg.Proposed Rules

Cite5 CFR 315

Cite22 USC 2560

Pub. L.Pub. L. 112-239

Cites 25 · showing 12Cited by 0 across 0 sources