Practices and Procedures, 66787-66788 [2015-27652]

Download as PDF 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: VerDate Sep<11>2014 16:32 Oct 29, 2015 Jkt 238001 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: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 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 E:\FR\FM\30OCR1.SGM 30OCR1 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] Lhorne on DSK5TPTVN1PROD with RULES BILLING CODE 7400–01–P VerDate Sep<11>2014 14:41 Oct 29, 2015 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 PO 00000 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 E:\FR\FM\30OCR1.SGM 30OCR1

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]


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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