Unknown. Final rule
2,682 words·~12 min read·
/register/2024/04/09/2024-07191·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-2024-04-09.xml --- 89 69 Tuesday, April 9, 2024 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24776 2024-07465 Army Army Department NOTICES Intended Disinterment From Carlisle Barracks Post Cemetery, 24805-24806 2024-07457 Civil Rights Civil Rights Commission NOTICES Hearings, Meetings, Proceedings, etc.: Minnesota Advisory Committee, 24776 2024-07488 Coast Guard Coast Guard PROPOSED RULES Cybersecurity in the Marine Transportation System, 24751 2024-07512 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 24848-24849 2024-07434 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commission Fine Commission of Fine Arts NOTICES Hearings, Meetings, Proceedings, etc., 24805 2024-07510 Defense Department Defense Department See Army Department See Engineers Corps NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 24806-24807 2024-07459 2024-07462 Privacy Act; Systems of Records, 24807-24809 2024-07476 Drug Drug Enforcement Administration PROPOSED RULES Hearings, Meetings, Proceedings, etc.: Schedules of Controlled Substances: Placement of 2,5-dimethoxy-4-iodoamphetamine and 2,5-dimethoxy-4-chloroamphetamine in Schedule I, 24750-24751 2024-07473 NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances; Application, Registration, etc.:
Lyndra Therapeutics, 24865 2024-07529 VHG Labs dba LGC Standards, 24861-24865 2024-07525 Education Department Education Department NOTICES Applications for New Awards: Disability Innovation Fund-Creating a 21st Century Workforce of Youth and Adults With Disabilities Through the Transformation of Education, Career, and Competitive Integrated Employment Model Demonstration Project, 24812-24824 2024-07502 Engineers Engineers Corps NOTICES Final Federal Agency Action: Authorization for the Coastal Virginia Offshore Wind Commercial Project, 24809-24810 2024-07470 Authorization for the Empire Wind 1 Energy Project Offshore New York, 24809 2024-07466 Authorization for the Ocean Wind 1 Offshore Wind Farm Project Offshore New Jersey, 24811-24812 2024-07468 Authorization for the South Fork Wind Energy Project Offshore New York and Rhode Island, 24810-24811 2024-07467 Environmental Protection Environmental Protection Agency PROPOSED RULES Mercury Criterion To Protect Aquatic Life in Idaho, 24758-24775 2024-07450 NOTICES Certain New Chemicals or Significant New Uses:
Statements of Findings for January and February 2024, 24831-24832 2024-07503 Petition: Polychlorinated biphenyls (PCBs), 24824-24831 2024-07492 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Board Appointment, 24832-24833 2024-07515 2024-07516 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Diamond Aircraft Industries Inc. Airplanes, 24684-24686 2024-07441 Leonardo S.p.a. Helicopters, 24682-24684, 24686-24689 2024-07342 2024-07343 MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.
) Airplanes, 24689-24691 2024-07390 Rolls-Royce Deutschland Ltd and Co KG Engines, 24691-24693 2024-07433 PROPOSED RULES Airworthiness Directives: Dassault Aviation Airplanes, 24748-24750 2024-07373 MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 24745-24748 2024-07374 Various Airplanes and Helicopters, 24742-24745 2024-07394 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Identification of Foreign-Registered Civil Unmanned Aircraft Operating in the United States, 24890-24891 2024-07475 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 24833-24835 2024-07426 2024-07427 2024-07551 Use of the 5.850-5.925 Band, 24835-24840 2024-07428 Federal Election Federal Election Commission PROPOSED RULES Use of Campaign Funds for Candidate and Officeholder Security, 24738-24742 2024-06863 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Emergency Notification System, 24849 2024-07486 Federal Financial Federal Financial Institutions Examination Council NOTICES Hearings, Meetings, Proceedings, etc.:
Appraisal Subcommittee, 24840 2024-07472 Federal Railroad Federal Railroad Administration RULES Train Crew Size Safety Requirements, 25052-25115 2024-06625 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 24840 2024-07506 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 24840-24841 2024-07504 Fish Fish and Wildlife Service NOTICES Proposed Safe Harbor Agreement and Candidate Conservation Agreement With Assurances:
Greene County Pennsylvania, Wharton Run Bat Hibernaculum; Draft Categorical Exclusion, 24851-24852 2024-07482 Food and Drug Food and Drug Administration NOTICES 21st Century Cures Act: Annual Compilation of Notices of Updates From the Susceptibility Test Interpretive Criteria Web Page, 24844-24846 2024-07495 Drug Products Not Withdrawn From Sale for Reasons of Safety or Effectiveness: Nalfon (Fenoprofen Calcium) Oral Capsules, Equivalent to 300 Milligram Base, 24841-24842 2024-07494 Hearings, Meetings, Proceedings, etc.:
Financial Transparency and Efficiency of the Prescription Drug User Fee Act, Biosimilar User Fee Act, and Generic Drug User Fee Amendments, 24842-24843 2024-07493 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: PREH INC.; (Automotive Display Assemblies); Foreign-Trade Zone 94; Laredo, TX, 24776-24777 2024-07526 General Services General Services Administration PROPOSED RULES Federal Management Regulation: Transportation Payment and Audit Regulations;
Correction, 24775 2024-07302 NOTICES Privacy Act; Systems of Records, 24841 2024-07430 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Green and Resilient Retrofit Program, 24849-24851 2024-07484 Indian Affairs Indian Affairs Bureau NOTICES Helping Expedite and Advance Responsible Tribal Homeownership Act Approval:
Ione Band of Miwok Indians of California Business Leasing Ordinance, 24853-24854 2024-07509 Indian Gaming: Approval of Tribal-State Class III Gaming Compact Amendment Between the Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin and the State of Wisconsin, 24853 2024-07507 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Ocean Energy Management Bureau See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 24891-24892 2024-07456 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Information Reporting by Passport Applicants, 24893 2024-07425 Regulation Project, 24893-24894 2024-07451 Special Rules and Certificate of Partner-Level Items to Reduce Withholding, 24892-24893 2024-07452 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews, 24780-24803 2024-07407 Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Frozen Warmwater Shrimp From Ecuador; Withdrawal, 24780 2024-07448 Heavy-Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico, 24777-24779 2024-07471 Scope Ruling, 24779-24780 2024-07479 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Epoxy Resins From China, India, South Korea, Taiwan, and Thailand, 24860-24861 2024-07458 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application for Remission of Financial Penalties, 24865-24866 2024-07519 Labor Department Labor Department See Mine Safety and Health Administration See Workers Compensation Programs Office Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cave Management: Cave Nominations and Requests for Confidential Information, 24858-24859 2024-07505 Environmental Impact Statements; Availability, etc.:
Proposed North Bullfrog Mine Project, Nye County, NV, 24854-24857 2024-07423 Hearings, Meetings, Proceedings, etc.: Proposed Withdrawal Extensions; Castle Gardens Recreation Area and White Mountain Petroglyphs Site, WY, 24857-24858 2024-07445 Public Land Order: No. 7936; Partial Revocation of Four Secretarial Orders for the Grand Valley Reclamation Project and Opening Order; Colorado; Correction, 24857 2024-07469 Merit Merit Systems Protection Board RULES Appellate Jurisdiction Update, 24681 2024-07191 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Occupational Noise Exposure, 24866-24867 2024-07435 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24868-24869 2024-07464 National Institute National Institute of Standards and Technology NOTICES Hearings, Meetings, Proceedings, etc.: Advisory Committee on Earthquake Hazards Reduction, 24803 2024-07431 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.:
National Center for Advancing Translational Sciences, 24847-24848 2024-07498 National Heart, Lung, and Blood Institute, 24846 2024-07499 National Institute of Allergy and Infectious Diseases, 24847 2024-07497 National Institute on Alcohol Abuse and Alcoholism, 24846-24847 2024-07500 National Labor National Labor Relations Board RULES Privacy Act; Systems of Records, 24713-24714 2024-07323 NOTICES Privacy Act; Systems of Records, 24869-24873 2024-07324 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:
Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 24736-24737 2024-07483 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Western Pacific Community Development Program Process, 24804-24805 2024-07511 Hearings, Meetings, Proceedings, etc.: Mid-Atlantic Fishery Management Council, 24804 2024-07439 South Atlantic Fishery Management Council, 24803-24804 2024-07442 National Science National Science Foundation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals Computer Science for All—Evaluation and Systematic Review of Grantee Documents, 24873-24875 2024-07517 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Grantee Reporting Requirements for the Graduate Research Fellowship Program, 24876-24877 2024-07491 Hearings, Meetings, Proceedings, etc.: Advisory Committee for Biological Sciences, 24875-24876 2024-07524 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments;
Availability, etc.: Yankee Atomic Electric Co., Yankee Atomic Power Station, Finding of No Significant Impact, 24877-24879 2024-07508 Establishment of Atomic Safety and Licensing Board: Virginia Electric and Power Co., 24882 2024-07447 Exemption: Constellation Energy Generation, LLC; Dresden Nuclear Power Station, Unit 2 and Unit 3; Independent Spent Fuel Storage Installation, 24879-24882 2024-07455 Ocean Energy Management Ocean Energy Management Bureau NOTICES Joint Record of Decision:
Proposed New England Wind Project and New England Wind Offshore Export Cable Project, 24859-24860 2024-07436 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reportable Events; Notice of Failure To Make Required Contributions, 24882-24883 2024-07444 Personnel Personnel Management Office RULES Upholding Civil Service Protections and Merit System Principles, 24982-25049 2024-06815 Postal Service Postal Service NOTICES Meetings;
Sunshine Act, 24883 2024-07554 Securities Securities and Exchange Commission RULES Exemption for Certain Investment Advisers Operating through the Internet, 24693-24713 2024-06865 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Miami International Securities Exchange, LLC, 24883-24886 2024-07443 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24886-24889 2024-07449 State Department State Department NOTICES Determination:
FY 2021 Peacekeeping Operations, 24889 2024-07461 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Ten-Day Notices and Corrective Action for State Regulatory Program Issues, 24714-24736 2024-07248 Susquehanna Susquehanna River Basin Commission NOTICES Hearings, Meetings, Proceedings, etc., 24889-24890 2024-07490 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration RULES Disadvantaged Business Enterprise and Airport Concession Disadvantaged Business Enterprise Program Implementation Modifications, 24898-24979 2024-05583 Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 24894-24895 2024-07446 Veteran Affairs Veterans Affairs Department PROPOSED RULES Monthly Assistance Allowance for Veterans in United States Olympic or Paralympic Events, 24752-24758 2024-06984 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Direct Deposit Enrollment/Change, 24895 2024-07485 Insurance Deduction Authorization (for Deduction from Benefit Payments), 24895-24896 2024-07463 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Request to be Selected as Payee, 24867-24868 2024-07432 Separate Parts In This Issue Part II Transportation Department, 24898-24979 2024-05583 Part III Personnel Management Office, 24982-25049 2024-06815 Part IV Transportation Department, Federal Railroad Administration, 25052-25115 2024-06625 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. 89 69 Tuesday, April 9, 2024 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Part 1201 Appellate Jurisdiction Update AGENCY: Merit Systems Protection Board. ACTION: Final rule. SUMMARY: This final rule updates the list of sources from which the Merit Systems Protection Board
(MSPB)derives appellate jurisdiction. DATES: Effective May 9, 2024. FOR FURTHER INFORMATION CONTACT: Gina K. Grippando, Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW, Washington, DC 20419; phone:
(202)653-7200; fax:
(202)653-7130; or email: *mspb@mspb.gov* . SUPPLEMENTARY INFORMATION: On February 6, 2024, the Merit Systems Protection Board (MSPB or Board) proposed an amendment to 5 CFR 1201.3, which sets forth a non-exclusive list of the types of appeals within the MSPB's jurisdiction. 89 FR 8083. In response to publication of the proposed rule, the MSPB received three comments from three commenters. The comments received by the MSPB are available for review by the public at *https://www.mspb.gov/foia/e-foiareadingroom.htm* . Comments and Summary of Changes to the Proposed Rule The MSPB initially proposed amending 5 CFR 1201.3 to include a new type of appeal proposed by the Office of Personnel Management
(OPM)at 5 CFR 302.603. 89 FR 8083. OPM's proposed rule provided that certain Federal employees moved from the competitive service into the excepted service, or moved between schedules in the excepted service, would have a right to appeal to the MSPB any purported loss of civil service protections stemming from that move. 88 FR 63862. OPM's Final Rule for 5 CFR 302.603, published elsewhere in this issue of the **Federal Register** , adjusted the language of the proposed regulation providing the appeal right. Generally, OPM's final rule at section 302.603 permits an appeal for:
(1)an agency's assertion that a Federal employee moved from the competitive service into the excepted service, or moved between schedules in the excepted service, would lose appeal rights, competitive status, or other previously accrued protections as a result of that move; and
(2)an agency's failure to provide required notice to the employee regarding whether the move would affect the employee's appeal rights, competitive status, or other accrued protections. An appeal arising under the first part of this regulation would request that the MSPB correct the assertion from the agency regarding the individual's alleged loss of appeal rights, competitive status, or other accrued protections, stemming from the move and direct the agency to afford such rights, status, and protections to the employee in subsequent actions under chapters 43 or 75 of title 5, United States Code, except to the extent that any such order would be inconsistent with an applicable statute. An appeal arising under the second part of this regulation would request that the MSPB order the employee's agency to issue the required notice regarding the asserted effect of the move. The MSPB has thus adjusted the language of its proposed rule implementing OPM's rule to accord with OPM's revisions. Additionally, the MSPB received three comments from three commenters in response to its proposed rulemaking. Two of the commenters did not provide any substantive comment on the MSPB's proposal, but indicated general approval of the proposal. The third commenter also expressed support for the MSPB's original proposal, but further suggested that the MSPB clarify its proposal to include all of the types of appeals provided by OPM in its proposed 5 CFR 302.603. OPM's proposed rule provided not only appeals when individuals were involuntarily moved, but also appeals when individuals believed that their facially voluntary moves were coerced or otherwise involuntary. The MSPB agrees with the commenter's suggestion and has reformulated its draft rule to more clearly reflect all of the types of appeals provided in OPM's final 5 CFR 302.603. This final rule will become effective 30 days after publication in the **Federal Register** . List of Subjects in 5 CFR Part 1201 Administrative practice and procedure, Civil rights, Government employees. For the reasons set forth above, 5 CFR part 1201 is amended as follows: PART 1201—PRACTICES AND PROCEDURES 1. The authority citation for part 1201 continues to read as follows: Authority: 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted. § 1201.3 [Amended] 2. Section 1201.3 is amended by adding paragraph (a)(12) to read as follows: § 1201.3 Appellate Jurisdiction.
(a)* * *
(12)*Actions Related to Placement or Movement into an Excepted Service Position Without Civil Service Protections.*
(i)An agency assertion that an involuntary (including a facially voluntary, but alleged to be involuntary) movement or placement of a competitive service employee into the excepted service, will eliminate competitive status or any other procedural and appeal rights that the employee had previously accrued. (5 CFR 302.603(b); 5 CFR 302.603(d));
(ii)An agency assertion that an involuntary (including a facially voluntary, but alleged to be involuntary) movement or placement of an excepted service employee into a different schedule of the excepted service, will eliminate competitive status or any other procedural and appeal rights that the employee had previously accrued. (5 CFR 302.603(b); 5 CFR 302.603(d));
(iii)An agency's failure to provide the required notice, under 5 CFR 302.602(c)(1), of the effect of the above-described movements or placements on the employee's status or procedural and appeal rights. (5 CFR 302.603(c)). Gina K. Grippando, Clerk of the Board. [FR Doc. 2024-07191 Filed 4-4-24; 8:45 am]
Connectionstraces to 2
Traces to 2 documents
7 references not yet in our index
- 5 CFR 1201
- 5 CFR 1201.3
- 5 CFR 302.603
- 5 CFR 302.603(b)
- 5 CFR 302.603(d)
- 5 CFR 302.602(c)(1)
- 5 CFR 302.603(c)
Citation graph
cites case law
Unknown
Final rule
Cite5 CFR 1201
Cite5 CFR 1201.3
Cite5 CFR 302.603
Cite5 CFR 302.603(b)
Cite5 CFR 302.603(d)
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