This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

13100 

Vol. 76, No. 47 

Thursday, March 10, 2011 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 315 

RIN 3206–AM36 

Noncompetitive Appointment of 

Certain Military Spouses 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The U.S. Office of Personnel 

Management (OPM) is issuing proposed 

regulations to eliminate the 2-year 

eligibility limitation for noncompetitive 

appointment for spouses of certain 

deceased or 100 percent disabled 

veterans. OPM is removing this 

restriction to provide spouses of certain 

deceased or 100 percent disabled 

veterans with unlimited eligibility for 

noncompetitive appointment. The 

intended effect of this change is to 

further facilitate the entry of these 

military spouses into the Federal civil 

service. 

DATES: Comments must be received on 

or before May 9, 2011. 

ADDRESSES: You may submit comments, 

which are identified by RIN 3206– 

AM36, by any of the following methods: 

• E-mail: employ@opm.gov. Include 

‘‘RIN 3206–AM36, Career and CareerConditional Employment’’ in the subject 

line of the message. 

• Fax: (202) 606–2329. 

• Mail: Angela Bailey, Deputy 

Associate Director for Employee 

Services, U.S. Office of Personnel 

Management, Room 6566, 1900 E Street, 

NW., Washington, DC 20415–9700. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Glynn, 202–606–1571, Fax: 

202–606–2329 by TDD: 202–418–3134, 

or e-mail: michelle.glynn@opm.gov. 

SUPPLEMENTARY INFORMATION: On 

September 25, 2008, the President 

issued Executive Order (E.O.) 13473 

allowing agencies to make 

noncompetitive appointments of 

spouses of certain members of the 

armed forces. OPM implemented this 

E.O. via final regulations which were 

published in the Federal Register (FR) 

on August 12, 2009 (74 FR 40471). 

OPM’s implementing rules established a 

noncompetitive hiring authority for 

certain military spouses. Under this 

hiring authority, eligible spouses 

include, subject to other criteria 

specified in the final rule, the following 

categories of military spouses: Those 

who are relocating with their service 

member spouse as a result of permanent 

change of station (PCS) orders, spouses 

of service members who incurred a 100 

percent disability because of the service 

member’s active duty service, and the 

un-remarried widow or widower of a 

service member killed while on active 

duty. A spouse remains eligible for a 

noncompetitive appointment for a 

maximum of 2 years from the date of: 

(a) The service member’s orders 

authorizing a permanent change of 

station; (b) the documentation showing 

the service member is 100 percent 

disabled; or (c) the documentation 

showing the service member was killed 

while on active duty. 

Paragraph (d) of proposed § 315.612 

provides conditions under which an 

agency may appoint a military spouse 

noncompetitively under this section. In 

this paragraph, OPM is proposing to 

eliminate the 2-year eligibility window 

for spouses of service members who 

incurred a 100 percent disability 

because of the service member’s active 

duty service, and spouses of service 

members killed while on active duty. 

This paragraph extends without time 

limitation the eligibility of these 

spouses from the date of documentation 

showing the service member is 100 

percent disabled because of active duty 

service, or documentation showing the 

service member was killed while on 

active duty. 

On February 4, 2011, the Department 

of the Navy presented OPM with the 

findings of a Spouse Employment and 

Empowerment Integrated Process Team 

that was initiated by the Chairman of 

the Joint Chiefs of Staff. The Integrated 

Process Team found that spouses of 

service members who were killed or 

who became 100 percent disabled while 

on active duty had been unable to make 

use of the noncompetitive hiring 

authority within the 2-year eligibility 

period prescribed by regulation, due to 

their bereavement, their convalescent 

care responsibilities, their dependant 

care responsibilities, or their need to 

undergo education or training. OPM 

believes that it is inconsistent with the 

purpose of E.O. 13473 to deny a military 

spouse the opportunity to make use of 

the noncompetitive hiring authority 

when the very condition that gives rise 

to eligibility—the death or disability of 

a service member—also places unique 

burdens on the service member’s spouse 

that delay his or her workforce reentry. 

For this reason, OPM is proposing to 

eliminate the 2-year eligibility period 

for noncompetitive appointment for 

spouses of service members who 

incurred a 100 percent disability 

because of the service member’s active 

duty service, and for spouses of service 

members killed while on active duty. 

The 2-year eligibility period will remain 

in effect for spouses whose eligibility is 

based on relocating with their service 

member spouse as a result of PCS 

orders. 

E.O. 12866 and E.O. 13563 Regulatory 

Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order 12866 

and Executive Order 13563. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because it affects only Federal agencies 

and employees. 

List of Subjects in 5 CFR Part 315 

Government employees. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

Accordingly, OPM is proposing to 

amend 5 CFR part 315 as follows: 

PART 315—CAREER AND CAREERCONDITIONAL EMPLOYMENT 

1. The authority citation for part 315 

continues to read as follows: 

Authority: 5 U.S.C. 1302, 3301, and 3302; 

E.O. 10577, 3 CFR, 1954–1958 Comp. p. 218, 

unless otherwise noted; and E.O. 13162. 

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, 3 CFR, 

1978 Comp. p.111. Sec. 315.606 also issued 

under E.O. 11219, 3 CFR, 1964–1965 Comp. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Proposed Rules 13101 

p. 303. Sec. 315.607 also issued under 22 

U.S.C. 2560. Sec. 315.608 also issued under 

E.O. 12721, 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 under E.O. 13473. 

Sec. 315.708 also issued under E.O. 13318, 3 

CFR, 2004 Comp. p. 265. Sec. 315.710 also 

issued under E.O. 12596, 3 CFR, 1978 Comp. 

p. 264. 

Subpart F—Career or Career 

Conditional Appointment Under 

Special Authorities 

2. In § 315.612, revise paragraph (d)(1) 

to read as follows: 

§ 315.612 Noncompetitive appointment of 

certain military spouses. 

* * * * * 

(d) Conditions. (1) In accordance with 

the provisions of this section, spouses 

are eligible for noncompetitive 

appointment: 

(i) For a maximum of 2 years from the 

date of the service member’s permanent 

change of station orders; 

(ii) From the date of documentation 

verifying the member of the armed 

forces is 100 percent disabled; or 

(iii) From the date of documentation 

verifying the member of the armed 

forces was killed while on active duty. 

* * * * * 

[FR Doc. 2011–5459 Filed 3–9–11; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2011–BT–BC–0009] 

Building Energy Codes Program: 

Presenting and Receiving Comments 

to DOE Proposed Changes to the 

International Green Construction Code 

(IgCC) 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of public meeting. 

SUMMARY: The U. S. Department of 

Energy’s Office of Energy Efficiency and 

Renewable Energy (EERE) is seeking 

input on potential proposed changes to 

the draft International Green 

Construction Code (IgCC). The first 

edition of the IgCC is currently being 

developed by the International Code 

Council (ICC) for anticipated 

publication in 2012. EERE will be 

holding a public meeting to present and 

solicit public comment on proposed 

changes. 

DATES: DOE will hold a public meeting 

on 14 April, 2011, from 9 a.m. to 4 p.m., 

in Washington, DC. 

ADDRESSES: The public meeting will be 

held at the Holiday Inn, 550 C Street, 

SW., Washington, DC 20585–0121. If a 

foreign national wishes to participate in 

the meeting, please inform DOE as soon 

as possible by contacting Ms. Brenda 

Edwards at (202) 586–2945 so that the 

necessary procedures can be completed. 

Background Materials and Submitting 

Comments: For access to the IgCC code 

change proposals filed by DOE, visit the 

Web site: http://www.energycodes.gov/ 

development/IgCC/. Written comments 

may be filed to each DOE IgCC code 

change proposal by using the ‘‘submit 

input’’ function on this Web site. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Dewey, U.S. Department of 

Energy, Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. Tel.: (202) 

287–1534. E-mail: 

Robert.Dewey@ee.doe.gov. 

Mr. Chris Calamita, U.S. Department 

of Energy, Office of the General Counsel, 

GC–72, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. Tel.: 

(202) 586–1777. E-mail: 

Christopher.Calamita@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: The 

public meeting announced in today’s 

notice is for DOE to present and receive 

comments on DOE’s proposed changes 

to the IgCC. 

The IgCC is being developed to 

provide a baseline of codes addressing 

green construction, and provide a 

framework linking sustainability with 

safety and performance. 

The IgCC is intended to provide a 

green model building code provisions 

for new and existing commercial 

buildings and would include American 

Society of Heating, Refrigerating and 

Air-Conditioning Engineers ASHRAE 

189.1–2009 as an alternate compliance 

option in its current form. It is currently 

being developed as a voluntary 

‘‘overlay’’ code with energy conservation 

and efficiency provisions intended to 

exceed those in the 2012 IECC. It also 

contains provisions for regulating site 

development and land use, material 

resource conservation and efficiency, 

water resource conservation and 

efficiency, indoor environmental quality 

and commissioning. The IgCC also 

currently provides for jurisdictional 

requirements and is intended to provide 

compliance flexibility through a variety 

of optional project electives. 

The International Codes Council will 

conduct hearings on the IgCC from May 

16 through May 22, 2011, in Dallas, 

Texas, for consideration of the proposed 

changes. The complete set of all 1400 

proposed changes to the IgCC will be 

available from the ICC in mid-March. 

It is not the object of this public 

meeting to obtain any group position or 

consensus. Rather, the EERE is seeking 

as many recommendations as possible 

from all individuals at this meeting. The 

meeting will be conducted in a 

conference style. 

Written comments to the IgCC code 

change proposals filed by DOE may be 

submitted by using the ‘‘submit input’’ 

function assigned to each DOE proposal 

on the Web site: http:// 

www.energycodes.gov/development/ 

IgCC/. 

Issued in Washington, DC, on March 4, 

2011. 

Roland J. Risser, 

Program Manager, Building Technologies 

Program, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2011–5494 Filed 3–9–11; 8:45 am] 

BILLING CODE 6450–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 23, 37, 38, and 39 

RIN 3038–AC98 

Requirements for Processing, 

Clearing, and Transfer of Customer 

Positions 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commodity Futures 

Trading Commission (Commission) is 

proposing regulations to implement 

Title VII of the Dodd-Frank Wall Street 

Reform and Consumer Protection Act 

(Dodd-Frank Act). Proposed regulations 

would establish the time frame for a 

swap dealer (SD), major swap 

participant (MSP), futures commission 

merchant (FCM), swap execution 

facility (SEF), and designated contract 

market (DCM) to submit contracts, 

agreements, or transactions to a 

derivatives clearing organization (DCO) 

for clearing. Proposed regulations also 

would facilitate compliance with DCO 

Core Principle C (Participant and 

Product Eligibility) in connection with 

standards for cleared products and the 

prompt and efficient processing of all 

contracts, agreements, and transactions 

submitted for clearing. The Commission 

is further proposing related regulations 

implementing SEF Core Principle 7 

(Financial Integrity of Transactions) and 

DCM Core Principle 11 (Financial 

Integrity of Transactions), requiring 

coordination with DCOs in the 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1