Practices and Procedures, 66787-66788 [2015-27652]
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Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations
coverage but will be subject to full
underwriting.
(2) If you are an active workforce
member and you have entered into a
domestic partnership, your domestic
partner is eligible to submit an
application for coverage under this
section at any time from the
commencing date of your domestic
partnership and will be subject to full
underwriting requirements. You are not
eligible for abbreviated underwriting
because of your domestic partnership.
You, your domestic partner, or both you
and your domestic partner may apply
for coverage at any time, but full
underwriting will be required for both
of you.
(b) Domestic partnership. The new
spouse or domestic partner of an
annuitant or retired member of the
uniformed services may apply for
coverage with full underwriting at any
time following the marriage or
commencing date of the domestic
partnership.
(c) Other qualified relatives. Other
qualified relative(s) of a workforce
member may apply for coverage with
full underwriting at any time following
the marriage or commencing date of the
domestic partnership.
■ 6. In § 875.412, the introductory text
is revised and paragraph (e) is added to
read as follows:
§ 875.412 When will my coverage
terminate?
Except as provided in paragraph (e) of
this section, your coverage will
terminate on the earliest of the
following dates:
*
*
*
*
*
(e) Termination of a domestic
partnership does not terminate
insurance coverage as long as the Carrier
continues to receive the required
premium when due.
[FR Doc. 2015–27381 Filed 10–29–15; 8:45 am]
BILLING CODE 6325–63–P
MERIT SYSTEMS PROTECTION
BOARD
5 CFR Part 1201
Practices and Procedures
AGENCY:
Merit Systems Protection
Board.
Lhorne on DSK5TPTVN1PROD with RULES
ACTION:
Interim final rule.
The Merit Systems Protection
Board (MSPB or the Board) hereby
amends its rules of practice and
procedure to clarify that parties have a
right to discovery under the MSPB’s
existing discovery procedures in
compliance proceedings.
SUMMARY:
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16:32 Oct 29, 2015
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This interim final rule is
effective on October 30, 2015. Submit
written comments concerning this
interim final rule on or before December
29, 2015.
ADDRESSES: Submit your comments
concerning this interim final rule by one
of the following methods and in
accordance with the relevant
instructions:
Email: mspb@mspb.gov. Comments
submitted by email can be contained in
the body of the email or as an
attachment in any common electronic
format, including word processing
applications, HTML and PDF. If
possible, commenters are asked to use a
text format and not an image format for
attachments. An email should contain a
subject line indicating that the
submission contains comments
concerning the MSPB’s interim final
rule. The MSPB asks that commenters
use email to submit comments if
possible. Submission of comments by
email will assist the MSPB to process
comments and speed publication of a
final rule.
Fax: (202) 653–7130. Comments
submitted by fax should be addressed to
William D. Spencer and contain a
subject line indicating that the
submission contains comments
concerning the MSPB’s interim final
rule.
Mail or other commercial delivery:
Comments submitted by mail should be
addressed to William D. Spencer, Clerk
of the Board, Merit Systems Protection
Board, 1615 M Street NW., Washington,
DC 20419.
Hand delivery or courier: Comments
submitted by hand delivery or courier
should be addressed to William D.
Spencer, Clerk of the Board, Merit
Systems Protection Board, 1615 M
Street NW., Washington, DC 20419, and
delivered to the 5th floor reception
window at this street address. Such
deliveries are only accepted Monday
through Friday, 9 a.m. to 4:30 p.m.,
excluding Federal holidays.
Instructions: As noted above, the
MSPB requests that commenters use
email to submit comments, if possible.
All comments received will be made
available online at the Board’s Web site,
including any personal information
provided, unless the comment includes
information claimed to be Confidential
Business Information or other
information whose disclosure is
restricted by law. Those desiring to
submit anonymous comments must
submit comments in a manner that does
not reveal the commenter’s identity,
include a statement that the comment is
being submitted anonymously, and
include no personally-identifiable
information. The email address of a
DATES:
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66787
commenter who chooses to submit
comments using email will not be
disclosed unless it appears in comments
attached to an email or in the body of
a comment.
FOR FURTHER INFORMATION CONTACT:
William D. Spencer, 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.
This
interim final rule is necessary because
in Bernard v. Dep’t of Agric., 788 F.3d
1365, 1367–70 (Fed. Cir. 2015), the
United States Court of Appeals for the
Federal Circuit held that the MSPB’s
regulations provide no clear guarantee
that parties are authorized to undertake
discovery in enforcement proceedings.
This interim final rule amends the
MSPB’s regulations to address this
holding and make clear that the parties
have a right to discovery in such cases
under the Board’s existing discovery
procedures.
SUPPLEMENTARY INFORMATION:
Amendments Made by This Interim
Final Rule
A new provision, section
1201.183(a)(9), is inserted to make clear
that discovery may be undertaken in
enforcement matters. This new
provision makes clear that the Board’s
regular discovery procedures apply in
enforcement matters and sets a deadline
by which initial discovery requests must
be filed. As in other Board cases, this
deadline may be changed by the judge.
Justification for Use of Interim Final
Rule
Ordinarily, the Administrative
Procedure Act (APA) requires an agency
to provide notice of proposed
rulemaking and a period of public
comment before the promulgation of a
new regulation. 5 U.S.C. 553(b) and (c).
However, section 553(b) of the APA
specifically provides that the notice and
comment requirements do not apply:
(A) To interpretative rules, general
statements of policy, or rules of agency
organization, procedure, or practice; or
(B) when the agency for good cause
finds (and incorporates the finding and
a brief statement of reasons therefor in
the rules issued) that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest. The APA also requires the
publication of any substantive rule at
least thirty days before its effective date,
5 U.S.C. 553(d), except where the rule
is interpretive, where the rule grants an
exception or relieves a restriction, or ‘‘as
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66788
Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations
otherwise provided by the agency for
good cause found and published with
the rule.’’ Id.
The Board finds that use of an
immediately effective interim final rule
instead of notice and comment
rulemaking is appropriate here because
the amendments contained herein
merely reflect the decision of the
Federal Circuit in Bernard and are
necessary to avert any further confusion
regarding the Board’s practice and
procedures governing the right to
discovery in compliance cases. Under
these circumstances, notice and
comment rulemaking is unnecessary
and not required by any public interest.
List of Subjects in 5 CFR Part 1201
Administrative practice and
procedure.
Accordingly, for the reasons set forth
in the preamble, the Board amends 5
CFR part 1201 as follows:
PART 1201—PRACTICES AND
PROCEDURES
1. The authority citation for 5 CFR
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.
2. Section 1201.183 is amended by
adding paragraph (a)(9) to read as
follows:
■
§ 1201.183 Procedures for processing
petitions for enforcement.
(a) * * *
(9) Discovery may be undertaken in
accordance with the Board’s regular
discovery procedures (§§ 1201.71
through 1201.75 of this part), except
that unless otherwise directed by the
judge, initial discovery requests must be
served no later than 15 days after the
alleged noncomplying party files a
response to the petition for enforcement
as required under paragraph (a)(1) of
this section.
*
*
*
*
*
William D. Spencer,
Clerk of the Board.
[FR Doc. 2015–27652 Filed 10–29–15; 8:45 am]
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BILLING CODE 7400–01–P
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Jkt 238001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. FAA–2015–3880; Special
Conditions No. 23–271–SC]
Special Conditions: Honda Aircraft
Company (Honda) Model HA–420,
HondaJet; Cruise Speed Control
System
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
AGENCY:
These special conditions are
issued for the Honda Aircraft Company
HA–420 airplane. This airplane will
have a novel or unusual design
feature(s) associated with the use of a
cruise speed control system. The
applicable airworthiness regulations do
not contain adequate or appropriate
safety standards for this design feature.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
DATES: These special conditions are
effective October 30, 2015 and are
applicable on October 26, 2015.
FOR FURTHER INFORMATION CONTACT: Jeff
Pretz, Federal Aviation Administration,
Small Airplane Directorate, Aircraft
Certification Service, 901 Locust, Room
301, Kansas City, MO 64106; telephone
(816) 329–3239; facsimile (816) 329–
4090.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background
On October 11, 2006, Honda Aircraft
Company applied for a type certificate
for their new Model HA–420. On
October 10, 2013, Honda Aircraft
Company requested an extension with
an effective application date of October
1, 2013. This extension changed the
type certification basis to amendment
23–62.
The HA–420 is a four to five
passenger (depending on configuration),
two crew, lightweight business jet with
a 43,000-foot service ceiling and a
maximum takeoff weight of 9963
pounds. The airplane is powered by two
GE-Honda Aero Engines (GHAE) HF–
120 turbofan engines.
The HA–420 airplane will use a cruise
speed control system (CSC), which is
part of the automatic flight control
system (AFCS), to reduce pilot workload
during cruise flight only. The intended
function is automatic airplane speed
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Frm 00004
Fmt 4700
Sfmt 4700
control during altitude hold AFCS mode
by adjustment of the engine thrust
within a narrow authority band utilizing
the existing engine synchronization
control. The CSC system does not back
drive the throttles. The command
authority is limited to values used for
engine synchronization and can only be
engaged when the throttle is positioned
in a pre-determined range typically used
for cruise power. This significantly
reduces the CSC authority such that
failure modes of the system should be
minor. The proposed CSC system
functions in a manner similar to an
auto-throttle system, but has
significantly less authority when
compared to a traditional auto-throttle
system.
Type Certification Basis
Under the provisions of 14 CFR 21.17,
Honda Aircraft Company must show
that the HA–420 meets the applicable
provisions of part 23, as amended by
amendments 23–1 through 23–62,
thereto.
If the Administrator finds that the
applicable airworthiness regulations
(i.e., 14 CFR part 23) do not contain
adequate or appropriate safety standards
for the HA–420 because of a novel or
unusual design feature, special
conditions are prescribed under the
provisions of § 21.16.
In addition to the applicable
airworthiness regulations and special
conditions, the HA–420 must comply
with the fuel vent and exhaust emission
requirements of 14 CFR part 34 and the
noise certification requirements of 14
CFR part 36. In addition, the FAA must
issue a finding of regulatory adequacy
pursuant to § 611 of Public Law 92–574,
the ‘‘Noise Control Act of 1972.’’
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type-certification basis under
§ 21.17(a)(2). Special conditions are
initially applicable to the model for
which they are issued. Should the type
certificate for that model be amended
later to include any other model that
incorporates the same or similar novel
or unusual design feature, the special
conditions would also apply to the other
model under § 21.101.
Novel or Unusual Design Features
The HA–420 will incorporate the
following novel or unusual design
features: Cruise Speed Control system
Discussion
As defined in the summary section,
this airplane makes use of a CSC system,
which is a novel design for this type of
airplane. The applicable airworthiness
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Agencies
[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Rules and Regulations]
[Pages 66787-66788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27652]
=======================================================================
-----------------------------------------------------------------------
MERIT SYSTEMS PROTECTION BOARD
5 CFR Part 1201
Practices and Procedures
AGENCY: Merit Systems Protection Board.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: The Merit Systems Protection Board (MSPB or the Board) hereby
amends its rules of practice and procedure to clarify that parties have
a right to discovery under the MSPB's existing discovery procedures in
compliance proceedings.
DATES: This interim final rule is effective on October 30, 2015. Submit
written comments concerning this interim final rule on or before
December 29, 2015.
ADDRESSES: Submit your comments concerning this interim final rule by
one of the following methods and in accordance with the relevant
instructions:
Email: mspb@mspb.gov. Comments submitted by email can be contained
in the body of the email or as an attachment in any common electronic
format, including word processing applications, HTML and PDF. If
possible, commenters are asked to use a text format and not an image
format for attachments. An email should contain a subject line
indicating that the submission contains comments concerning the MSPB's
interim final rule. The MSPB asks that commenters use email to submit
comments if possible. Submission of comments by email will assist the
MSPB to process comments and speed publication of a final rule.
Fax: (202) 653-7130. Comments submitted by fax should be addressed
to William D. Spencer and contain a subject line indicating that the
submission contains comments concerning the MSPB's interim final rule.
Mail or other commercial delivery: Comments submitted by mail
should be addressed to William D. Spencer, Clerk of the Board, Merit
Systems Protection Board, 1615 M Street NW., Washington, DC 20419.
Hand delivery or courier: Comments submitted by hand delivery or
courier should be addressed to William D. Spencer, Clerk of the Board,
Merit Systems Protection Board, 1615 M Street NW., Washington, DC
20419, and delivered to the 5th floor reception window at this street
address. Such deliveries are only accepted Monday through Friday, 9
a.m. to 4:30 p.m., excluding Federal holidays.
Instructions: As noted above, the MSPB requests that commenters use
email to submit comments, if possible. All comments received will be
made available online at the Board's Web site, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information or other information whose
disclosure is restricted by law. Those desiring to submit anonymous
comments must submit comments in a manner that does not reveal the
commenter's identity, include a statement that the comment is being
submitted anonymously, and include no personally-identifiable
information. The email address of a commenter who chooses to submit
comments using email will not be disclosed unless it appears in
comments attached to an email or in the body of a comment.
FOR FURTHER INFORMATION CONTACT: William D. Spencer, 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: This interim final rule is necessary because
in Bernard v. Dep't of Agric., 788 F.3d 1365, 1367-70 (Fed. Cir. 2015),
the United States Court of Appeals for the Federal Circuit held that
the MSPB's regulations provide no clear guarantee that parties are
authorized to undertake discovery in enforcement proceedings. This
interim final rule amends the MSPB's regulations to address this
holding and make clear that the parties have a right to discovery in
such cases under the Board's existing discovery procedures.
Amendments Made by This Interim Final Rule
A new provision, section 1201.183(a)(9), is inserted to make clear
that discovery may be undertaken in enforcement matters. This new
provision makes clear that the Board's regular discovery procedures
apply in enforcement matters and sets a deadline by which initial
discovery requests must be filed. As in other Board cases, this
deadline may be changed by the judge.
Justification for Use of Interim Final Rule
Ordinarily, the Administrative Procedure Act (APA) requires an
agency to provide notice of proposed rulemaking and a period of public
comment before the promulgation of a new regulation. 5 U.S.C. 553(b)
and (c). However, section 553(b) of the APA specifically provides that
the notice and comment requirements do not apply:
(A) To interpretative rules, general statements of policy, or rules
of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the
finding and a brief statement of reasons therefor in the rules issued)
that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest. The APA also requires
the publication of any substantive rule at least thirty days before its
effective date, 5 U.S.C. 553(d), except where the rule is interpretive,
where the rule grants an exception or relieves a restriction, or ``as
[[Page 66788]]
otherwise provided by the agency for good cause found and published
with the rule.'' Id.
The Board finds that use of an immediately effective interim final
rule instead of notice and comment rulemaking is appropriate here
because the amendments contained herein merely reflect the decision of
the Federal Circuit in Bernard and are necessary to avert any further
confusion regarding the Board's practice and procedures governing the
right to discovery in compliance cases. Under these circumstances,
notice and comment rulemaking is unnecessary and not required by any
public interest.
List of Subjects in 5 CFR Part 1201
Administrative practice and procedure.
Accordingly, for the reasons set forth in the preamble, the Board
amends 5 CFR part 1201 as follows:
PART 1201--PRACTICES AND PROCEDURES
0
1. The authority citation for 5 CFR 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.
0
2. Section 1201.183 is amended by adding paragraph (a)(9) to read as
follows:
Sec. 1201.183 Procedures for processing petitions for enforcement.
(a) * * *
(9) Discovery may be undertaken in accordance with the Board's
regular discovery procedures (Sec. Sec. 1201.71 through 1201.75 of
this part), except that unless otherwise directed by the judge, initial
discovery requests must be served no later than 15 days after the
alleged noncomplying party files a response to the petition for
enforcement as required under paragraph (a)(1) of this section.
* * * * *
William D. Spencer,
Clerk of the Board.
[FR Doc. 2015-27652 Filed 10-29-15; 8:45 am]
BILLING CODE 7400-01-P