70850 Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Proposed Rules 

6. In newly designated § 630.1207, 

redesignate paragraphs (c) through (f) as 

paragraphs (d) through (g), respectively, 

and add a new paragraph (c) to read as 

follows: 

§ 630.1207 Notice of leave. 

* * * * * 

(c) If the need for leave taken under 

§ 630.1203(a)(5) is foreseeable, the 

employee must provide notice as soon 

as practicable, regardless of how far in 

advance such leave is being requested. 

* * * * * 

7. In newly designated § 630.1208, 

revise paragraph (k) to read as follows: 

§ 630.1208 Medical certification. 

* * * * * 

(k) To ensure the security and 

confidentiality of any written medical 

certification under §§ 630.1208 or 

630.1210(h) of this part, the medical 

certification shall be subject to the 

provisions for safeguarding information 

about individuals under subpart A or 

part 293 of this chapter. 

8. Further redesignate newly 

designated §§ 630.1209 through 

630.1212 as §§ 630.1210 through 

630.1213, respectively, and add new 

§ 630.1209 to read as follows: 

§ 630.1209 Certification for leave taken 

because of a qualifying exigency. 

(a) Active duty orders. The first time 

an employee requests leave because of 

a qualifying exigency arising out of the 

covered active duty or call to covered 

active duty status of a covered military 

member, an agency may require the 

employee to provide a copy of the 

covered military member’s active duty 

orders or other documentation issued by 

the military which indicates that the 

covered military member is on covered 

active duty or call to covered active 

duty status, and the dates of the covered 

military member’s active duty service. 

This information need only be provided 

to the agency once. A copy of new 

active duty orders or other 

documentation issued by the military 

must be provided to the agency if the 

need for leave because of a qualifying 

exigency arises out of a different 

covered active duty or call to covered 

active duty status of the same or a 

different covered military member. 

(b) Required information. An agency 

may require that leave for any qualifying 

exigency specified in § 630.1204 be 

supported by a certification from the 

employee that sets forth the following 

information: 

(1) A statement or description, signed 

by the employee, of appropriate facts 

regarding the qualifying exigency for 

which FMLA leave is requested. The 

facts must be sufficient to support the 

need for leave. Such facts include the 

type of qualifying exigency for which 

leave is requested and any available 

written documentation that supports the 

request for leave, such as a copy of a 

meeting announcement for 

informational briefings sponsored by the 

military, a document confirming an 

appointment with a counselor or school 

official, or a copy of a bill for services 

for the handling of legal or financial 

affairs; 

(2) The approximate date on which 

the qualifying exigency commenced or 

will commence; 

(3) If an employee requests leave 

because of a qualifying exigency for a 

single, continuous period of time, the 

beginning and end dates for such 

absence; 

(4) If an employee requests leave 

because of a qualifying exigency on an 

intermittent or reduced leave schedule 

basis, an estimate of the frequency and 

duration of the qualifying exigency; and 

(5) If the qualifying exigency involves 

meeting with a third party, appropriate 

contact information for the individual or 

entity with whom the employee is 

meeting (such as the name, title, 

organization, address, telephone 

number, fax number, and email address) 

and a brief description of the purpose of 

the meeting. 

(c) Verification. If an employee 

submits a complete and sufficient 

certification to support his or her 

request for leave because of a qualifying 

exigency, the agency may not request 

additional information from the 

employee. However, the agency may 

verify the information described in 

paragraphs (c)(1) and (c)(2) of this 

section and does not need the 

employee’s permission to do so. 

(1) If the qualifying exigency involves 

meeting with a third party, the agency 

may contact the individual or entity 

with whom the employee is meeting for 

purposes of verifying a meeting or 

appointment schedule and the nature of 

the meeting between the employee and 

the specified individual or entity. 

(2) An agency may contact an 

appropriate unit of the Department of 

Defense to request verification that a 

covered military member is on covered 

active duty or call to covered active 

duty status. 

9. In newly designated § 630.1210, 

revise the last three sentences in 

paragraph (h) and all of paragraph (l) to 

read as follows: 

§ 630.1210 Protection of employment and 

benefits. 

* * * * * 

(h) * * * The same conditions for 

verifying the adequacy of a medical 

certification in § 630.1208(c) shall apply 

to the medical certification to return to 

work. No second or third opinion on the 

medical certification to return to work 

may be required. An agency may not 

require a medical certification to return 

to work during the period the employee 

takes leave intermittently or under a 

reduced leave schedule under 

§ 630.1205. 

* * * * * 

(l) An employee who does not comply 

with the notification requirements in 

§ 630.1207 and does not provide 

medical certification signed by the 

health care provider that includes all of 

the information required in 

§ 630.1208(b) is not entitled to family 

and medical leave. 

10. In § 630.1213, revise paragraph 

(b)(3) to read as follows: 

§ 630.1213 Records and reports. 

* * * * * 

(b) * * * 

(3) The number of hours of leave 

taken under § 630.1203(a), including 

any paid leave substituted for leave 

without pay under § 630.1206(b); and 

* * * * * 

[FR Doc. 2010–29275 Filed 11–18–10; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

Federal Crop Insurance Corporation 

7 CFR Part 457 

RIN 0563–AC27 

Common Crop Insurance Regulations; 

Extra Long Staple Cotton Crop 

Provisions 

AGENCY: Federal Crop Insurance 

Corporation, USDA. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The Federal Crop Insurance 

Corporation (FCIC) proposes to amend 

the Common Crop Insurance 

Regulations, Extra Long Staple Cotton 

Crop Insurance Provisions to remove all 

references to the Daily Spot Cotton 

Quotation and replace the reference 

with the National Average Loan Rate 

published by the Farm Service Agency 

(FSA), to incorporate a current Special 

Provisions statement into the Crop 

Provisions, and to make the Extra Long 

Staple Cotton Crop Insurance Provisions 

consistent with the Upland Cotton Crop 

Insurance Provisions. The intended 

effect of this action is to provide policy 

changes, to clarify existing policy 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Proposed Rules 70851 

provisions to better meet the needs of 

the producers, and to reduce 

vulnerability to program fraud, waste, 

and abuse. The changes will apply for 

the 2012 and succeeding crop years. 

DATES: Written comments and opinions 

on this proposed rule will be accepted 

until close of business January 18, 2011 

and will be considered when the rule is 

to be made final. 

ADDRESSES: Interested persons are 

invited to submit written comments, 

titled ‘‘Extra Long Staple Cotton Crop 

Provisions,’’ by any of the following 

methods: 

• By Mail to: Director, Product 

Administration and Standards Division, 

Risk Management Agency, United States 

Department of Agriculture, Beacon 

Facility, Stop 0812, Room 421, P.O. Box 

419205, Kansas City, MO 64141–6205. 

• By Express Mail to: Director, 

Product Administration and Standards 

Division, Risk Management Agency, 

United States Department of 

Agriculture, Beacon Facility, Stop 0812, 

9240 Troost Avenue, Kansas City, MO 

64131–3055. 

• E-mail: DirectorPDD@rma.usda.gov. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

A copy of each response will be 

available for public inspection and 

copying from 7 a.m. to 4:30 p.m., CST, 

Monday through Friday, except 

holidays, at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Claire White, Economist, Product 

Management, Product Administration 

and Standards Division, Risk 

Management Agency, at the Kansas City, 

MO, address listed above, telephone 

(816) 926–7730. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that this rule is 

non-significant for the purpose of 

Executive Order 12866 and, therefore, it 

has not been reviewed by OMB. 

Paperwork Reduction Act of 1995 

Pursuant to the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. chapter 35), the collections of 

information in this rule have been 

approved by OMB under control 

number 0563–0053 through March 31, 

2012. 

E-Government Act Compliance 

FCIC is committed to complying with 

the E-Government Act of 2002, to 

promote the use of the Internet and 

other information technologies to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. 

Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) establishes 

requirements for Federal agencies to 

assess the effects of their regulatory 

actions on State, local, and tribal 

governments and the private sector. 

This rule contains no Federal mandates 

(under the regulatory provisions of title 

II of the UMRA) for State, local, and 

tribal governments or the private sector. 

Therefore, this rule is not subject to the 

requirements of sections 202 and 205 of 

UMRA. 

Executive Order 13132 

It has been determined under section 

1(a) of Executive Order 13132, 

Federalism, that this rule does not have 

sufficient implications to warrant 

consultation with the States. The 

provisions contained in this rule will 

not have a substantial direct effect on 

States, or on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

Regulatory Flexibility Act 

FCIC certifies that this regulation will 

not have a significant economic impact 

on a substantial number of small 

entities. Program requirements for the 

Federal crop insurance program are the 

same for all producers regardless of the 

size of their farming operation. For 

instance, all producers are required to 

submit an application and acreage 

report to establish their insurance 

guarantees and compute premium 

amounts, and all producers are required 

to submit a notice of loss and 

production information to determine the 

amount of an indemnity payment in the 

event of an insured cause of crop loss. 

Whether a producer has 10 acres or 

1000 acres, there is no difference in the 

kind of information collected. To ensure 

crop insurance is available to small 

entities, the Federal Crop Insurance Act 

authorizes FCIC to waive collection of 

administrative fees from limited 

resource farmers. FCIC believes this 

waiver helps to ensure that small 

entities are given the same opportunities 

as large entities to manage their risks 

through the use of crop insurance. A 

Regulatory Flexibility Analysis has not 

been prepared since this regulation does 

not have an impact on small entities, 

and therefore, this regulation is exempt 

from the provisions of the Regulatory 

Flexibility Act (5 U.S.C. 605). 

Federal Assistance Program 

This program is listed in the Catalog 

of Federal Domestic Assistance under 

No. 10.450. 

Executive Order 12372 

This program is not subject to the 

provisions of Executive Order 12372, 

which require intergovernmental 

consultation with State and local 

officials. See the Notice related to 7 CFR 

part 3015, subpart V, published at 48 FR 

29115, June 24, 1983. 

Executive Order 12988 

This proposed rule has been reviewed 

in accordance with Executive Order 

12988 on civil justice reform. The 

provisions of this rule will not have a 

retroactive effect. The provisions of this 

rule will preempt State and local laws 

to the extent such State and local laws 

are inconsistent herewith. With respect 

to any direct action taken by FCIC or 

action by FCIC to require the insurance 

provider to take specific action under 

the terms of the crop insurance policy, 

the administrative appeal provisions 

published at 7 CFR part 11 must be 

exhausted before any action against 

FCIC for judicial review may be brought. 

Environmental Evaluation 

This action is not expected to have a 

significant economic impact on the 

quality of the human environment, 

health, or safety. Therefore, neither an 

Environmental Assessment nor an 

Environmental Impact Statement is 

needed. 

Background 

FCIC proposes to revise 7 CFR part 

457, Common Crop Insurance 

Regulations, by revising § 457.105 (Extra 

Long Staple Cotton Crop Insurance 

Provisions). Requests have been made 

for changes to improve the coverage 

offered, address program integrity 

issues, and simplify program 

administration. The provisions will be 

effective for the 2012 and succeeding 

crop years. 

The proposed changes to § 457.105 

are as follows: 

1. FCIC proposes to remove the 

paragraph immediately preceding 

section 1 which refers to the order of 

priority in the event of a conflict. This 

same information is contained in the 

Basic Provisions. Therefore, it is 

duplicative and should be removed in 

the Crop Provisions. 

2. Section 10—FCIC proposes to 

revise the format of section 10(d) to 

make the provisions easier to read. 

FCIC proposes to remove in section 

10(d) all references to the Daily Spot 

Cotton Quotation and related language 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
70852 Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Proposed Rules 

and replace it with a reference to the 

Extra Long Staple Cotton National 

Average Loan Rate determined by FSA. 

The Daily Spot Cotton Quotation is a 

price published daily, whereas the Extra 

Long Staple Cotton National Average 

Loan Rate is a price published annually. 

Because the Daily Spot Cotton 

Quotation values change daily, this 

method was time-consuming, 

cumbersome, and burdensome for 

cotton producers and loss adjusters. For 

this reason, FCIC is proposing to utilize 

the Extra Long Staple Cotton National 

Average Loan Rate for quality 

adjustment purposes. This same change 

was made to the Upland Cotton Crop 

Insurance Provisions beginning with the 

2011 crop year. This change makes the 

Extra Long Staple and Upland Cotton 

Crop Provisions consistent. 

FCIC also proposes to change the 

percentage of Price B from 75 percent to 

85 percent in sections 10(d) and 

10(d)(3). This does not change the 

existing terms of the policy because the 

change was already implemented in the 

Special Provisions. FCIC is proposing to 

move the provision to the Crop 

Provisions because the change is being 

implemented in all areas where ELS 

cotton is available. 

FCIC proposes to remove in section 

10(f) all references to the Daily Spot 

Cotton Quotation and replace it with a 

reference to the Upland Cotton National 

Average Loan Rate and the Extra Long 

Staple Cotton National Average Loan 

Rate determined by FSA. FCIC also 

proposes to remove the language 

regarding the price quotations contained 

in the Daily Spot Cotton Quotations 

published on the date the last bale from 

the unit is classed and the language 

regarding price quotations being 

unavailable. The Daily Spot Cotton 

Quotation is a price published daily, 

whereas the Extra Long Staple Cotton 

National Average Loan Rate is a price 

published annually. Therefore, it is not 

necessary to include information 

regarding specific dates upon which it 

will be based. 

List of Subjects in 7 CFR Part 457 

Crop insurance, Extra long staple 

cotton, Reporting and recordkeeping 

requirements. 

Proposed Rule 

Accordingly, as set forth in the 

preamble, the Federal Crop Insurance 

Corporation proposes to amend 7 CFR 

part 457 effective for the 2012 and 

succeeding crop years to read as 

follows: 

PART 457—COMMON CROP 

INSURANCE REGULATIONS 

1. The authority citation for 7 CFR 

part 457 continues to read as follows: 

Authority: 7 U.S.C. 1506(1), 1506(o). 

2. Amend § 457.105 as follows: 

a. Amend the introductory text by 

removing ‘‘1998’’ and adding ‘‘2012’’ in 

its place; 

b. Remove the undesignated 

paragraph immediately preceding 

section 1. 

c. Amend section 10 by: 

i. Revising section 10(d); and 

ii. Revising section 10(f). 

The revisions read as follows: 

§ 457.105 Extra long staple cotton crop 

insurance provisions. 

* * * * * 

10. Settlement of Claim. 

* * * * * 

(d) Mature ELS cotton production 

may be adjusted for quality when 

production has been damaged by 

insured causes. Such production to 

count will be reduced if Price A is less 

than 85 percent of Price B. 

(1) Price B is defined as the Extra 

Long Staple Cotton National Average 

Loan Rate determined by FSA, or as 

specified in the Special Provisions. 

(2) Price A is defined as the loan 

value per pound for the bale determined 

in accordance with the FSA Schedule of 

Premiums and Discounts for the 

applicable crop year, or as specified in 

the Special Provisions. 

(3) If eligible for quality adjustment, 

the amount of production to be counted 

will be determined by multiplying the 

number of pounds of such production 

by the factor derived from dividing 

Price A by 85 percent of Price B. 

* * * * * 

(f) Any AUP cotton harvested or 

appraised from acreage originally 

planted to ELS cotton in the same 

growing season will be reduced by the 

factor obtained by dividing the price per 

pound for AUP cotton by the price per 

pound for ELS cotton. The prices used 

for AUP and ELS cotton will be 

calculated using the Upland Cotton 

National Average Loan Rate and the 

Extra Long Staple Cotton National 

Average Loan Rate determined by FSA, 

or as specified in the Special Provisions. 

* * * * * 

Signed in Washington, DC, on November 

15, 2010. 

William J. Murphy, 

Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. 2010–29250 Filed 11–18–10; 8:45 am] 

BILLING CODE 3410–08–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket No. EERE–2010–BT–STD–0037] 

RIN 1904–AC39 

Energy Efficiency Program for 

Consumer Products: Public Meeting 

and Availability of the Framework 

Document for Automatic Commercial 

Ice-Makers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of public meeting and 

availability of the framework document. 

SUMMARY: The U.S. Department of 

Energy (DOE) is initiating a rulemaking 

and data collection process to consider 

amended energy conservation standards 

for automatic commercial ice-makers. 

DOE will hold a public meeting to 

discuss and receive comments on its 

planned analytical approach and issues 

it will address in this rulemaking 

proceeding. DOE welcomes written 

comments and relevant data from the 

public on any subject within the scope 

of this rulemaking. To inform interested 

parties and to facilitate this process, 

DOE has prepared a framework 

document that details the analytical 

approach and identifies several issues 

on which DOE is particularly interested 

in receiving comments. 

DATES: DOE will hold a public meeting 

on Thursday, December 16, 2010 from 9 

a.m. to 4 p.m. in Washington, DC. 

Additionally, DOE plans to conduct the 

public meeting via webinar. Registration 

information, participant instructions, 

and information about the capabilities 

available to webinar participants will be 

published on the following Web site 

https://www1.gotomeeting.com/register/ 

782074929. Participants are responsible 

for ensuring that their systems are 

compatible with the webinar software. 

DOE must receive requests to speak at 

the public meeting before 4 p.m., 

Thursday, December 2, 2010. DOE must 

receive an electronic copy of the 

statement with the name and, if 

appropriate, the organization of the 

presenter to be given at the public 

meeting before 4 p.m., Thursday, 

December 9, 2010. DOE will accept 

written comments, data, and 

information regarding the framework 

document before and after the public 

meeting, but no later than January 18, 

2011. Comments submitted after the 

above date may not be considered. DOE 

encourages all written comments, data, 

and information to be submitted in 

electronic form. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS