36916 Federal Register / Vol. 77, No. 119 / Wednesday, June 20, 2012 / Rules and Regulations 

distributed to B immediately after the 

reorganization. 

* * * * * 

(F) Effective/applicability date—(1) 

General rule. Paragraphs (f)(5)(ii)(B)(1) 

and (2) of this section apply to 

transactions in which old T’s 

liquidation into B occurs on or after 

October 25, 2007. 

(2) Prior periods. For transactions in 

which old T’s liquidation into B occurs 

before October 25, 2007, see paragraphs 

(f)(5)(ii)(B)(1) and (2) of this section in 

effect prior to October 25, 2007, as 

contained in 26 CFR part 1, revised 

April 1, 2009. 

* * * * * 

§ 1.1502–13T [Removed] 

■ Par. 3. Section § 1.1502–13T is 

removed. 

PART 602—OMB CONTROL NUMBERS 

UNDER THE PAPERWORK 

REDUCTION ACT 

■ Par. 4. The authority citation for part 

602 continues to read as follows: 

Authority: 26 U.S.C. 7805. 

■ Par. 5. In § 602.101, paragraph (b) is 

amended by adding the following entry 

in numerical order to the table to read 

as follows: 

§ 602.101 OMB Control numbers 

* * * * * 

(b) * * * 

CFR part or section where 

identified and described 

Current OMB 

control No. 

* * * * * 

1.1502–13 ......................... 1545–1433 

* * * * * 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: June 11, 2012. 

Emily S. McMahon, 

(Acting) Assistant Secretary of the Treasury 

(Tax Policy). 

[FR Doc. 2012–14979 Filed 6–19–12; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 241 

[Docket ID: DOD–2010–OS–0141] 

RIN 0790–AI66 

Pilot Program for the Temporary 

Exchange of Information Technology 

Personnel 

AGENCY: Department of Defense (DoD), 

Office of the DoD Chief Information 

Officer (DoD CIO). 

ACTION: Final rule. 

SUMMARY: This part assigns 

responsibilities and provides 

procedures for implementing a Pilot 

Program for the Temporary Exchange of 

Information Technology Personnel, 

known as the Information Technology 

Exchange Program pilot. Pilot is 

envisioned to promote the interchange 

of DoD and private sector IT 

professionals to enhance skills and 

competencies. Given the changing 

workforce dynamics in the IT field, DoD 

needs to take advantage of these types 

of professional development programs 

to proactively position itself to keep 

pace with the changes in technology. 

The ITEP pilot will serve the public 

good by enhancing the DoD IT 

workforce skills to protect and defend 

our nation. 

DATES: Effective Date: This rule is 

effective July 20, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Joyce France at (571) 372–4652 or 

joyce.france@osd.mil. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

I. Purpose of this Regulatory Action 

a. The ITEP Pilot is envisioned to 

promote the interchange of DoD and 

private sector IT professionals to 

enhance skills and competencies. Given 

the changing workforce dynamics in the 

IT field, DoD needs to take advantage of 

these types of professional development 

programs to proactively position itself to 

keep pace with the changes in 

technology. 

To date, one private sector candidate 

has been successfully placed and 

completed a 6 month ITEP assignment 

with the DoD Office of the Under 

Secretary of Defense (Comptroller). Two 

additional private sector candidates 

have been identified for ITEP 

assignments and the details of these 

assignments are currently being worked 

with the respective sponsoring 

organizations. We anticipate that both 

candidates will onboard to DoD in the 

third quarter of Fiscal Year 2012. The 

Department has posted nine ITEP detail 

opportunity announcements for private 

sector candidates to the DoD ITEP Web 

site related to service oriented 

architecture, cybersecurity, IT project 

management, IT infrastructure/ 

consolidation, social media, and 

mobility and wireless. An 

announcement has also been posted on 

the ITEP Web site for a DoD employee 

to participate in a detail in networking 

with a small, veteran-owned private 

sector company. 

b. This regulation implements section 

1110 of the National Defense 

Authorization Act for Fiscal Year 2010 

(Pub. L. 111–84), which authorizes DoD 

to implement a Pilot Program for the 

Temporary Exchange of Information 

Technology (IT) Personnel. This statute 

authorizes the temporary assignment of 

DoD IT employees to private sector 

organizations. This statute also gives 

DoD the authority to accept private 

sector IT employees assigned under the 

Pilot. 

II. Summary of the Major Provisions of 

This Regulatory Action 

This Pilot Program (‘‘Pilot’’) is 

authorized by section 1110 of the NDAA 

for FY2010 (Pub. L. 111–84). Section 

1110 authorizes DoD Components to 

assign exceptional IT employees to a 

private sector organization for purposes 

of training, development and sharing of 

best practices. It also gives DoD 

Components the authority to accept 

comparable IT employees on an 

assignment from the private sector for 

the training and development purposes 

and sharing of best practices and insight 

of government practices. 

III. Costs and Benefits of This 

Regulatory Action 

The cost of employee’s salary and 

benefits will be paid by the originating 

employer. It is anticipated that the 

benefit will outweigh the cost to manage 

this program and any additional cost 

would be related to travel or cost to 

attend training or conferences. 

Public Comment 

The DoD ITEP interim final rule, Title 

32 of the Code of Federal Regulations 

(CFR) Part 241 was published in the 

Federal Register, Vol. 75, No. 239 pages 

77753–77756 on December 14, 2010 for 

public comment. The comment period 

ended on February 14, 2011. DoD 

received no comments. 

However, the Department did make 

minor changes to the final rule that were 

not included in the interim rule. These 

changes were based upon clarifying 


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Federal Register / Vol. 77, No. 119 / Wednesday, June 20, 2012 / Rules and Regulations 36917 

terms, responsibilities and procedures 

pertaining to the implementation of the 

ITEP pilot. 

The minor changes that were made to 

the final rule can be found in the 

following sections: 

241.1 Purpose. (b) The first and 

second sentence was clarified to read 

‘‘DoD Component authorized approving 

official’’ from the interim rule title 

‘‘Heads of DoD Components.’’ 

241.2 Definitions. The first 

definition title was updated to read 

‘‘Detail’’ from the interim rule title 

‘‘assignment’’. This is changed 

throughout the document. The fourth 

definition title was updated to read 

‘‘Information technology (IT)’’ from the 

interim rule title ‘‘Information 

technology management’’. 

241.6 Length of details. The title of 

this section was updated from the 

interim rule title ‘‘Length of 

assignments’’. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been certified that 32 CFR part 

241 does not: 

(1) Have an annual effect on the 

economy of $100 million or more, or 

may adversely affect in a material way 

the economy, a sector of the economy, 

productivity, competition, jobs, 

environment, public health or safety, or 

State, local or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

Sec. 202, Public Law 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

241 does not contain a Federal mandate 

that may result in expenditure by State, 

local and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

241 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

241 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

While detailed to DoD, a private sector 

ITEP candidate is deemed to be an 

employee of the DoD for certain 

purposes and is bound by applicable 

federal and DoD regulations regarding 

personal conduct, security requirements 

and ethical behavior. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

241 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 241 

Government employees, information 

technology. 

Accordingly, 32 CFR part 241 is 

revised to read as follows: 

PART 241—PILOT PROGRAM FOR 

TEMPORARY EXHANGE OF 

INFORMATION TECHNOLOGY 

PERSONNEL 

Sec. 

241.1 Purpose. 

241.2 Definitions. 

241.3 Assignment authority. 

241.4 Eligibility. 

241.5 Written agreements. 

241.6 Length of detail. 

241.7 Termination. 

241.8 Terms and conditions. 

241.9 Costs and reimbursements. 

241.10 Small business considerations. 

241.11 Numerical limitation. 

241.12 Reporting requirements. 

241.13 Implementation. 

Authority: Public Law 111–84, section 

1110, October 28, 2009. 

§ 241.1 Purpose. 

(a) The purpose of this part is to 

implement section 1110 of the National 

Defense Authorization Act for Fiscal 

Year 2010 (Pub. L. 111–84), which 

authorizes DoD to implement a Pilot 

Program for the Temporary Exchange of 

Information Technology (IT) Personnel. 

This statute authorizes the temporary 

assignment of DoD IT employees to 

private sector organizations. This statute 

also gives DoD the authority to accept 

private sector IT employees assigned 

under the Pilot. This program is referred 

to as the Information Technology 

Exchange Program (ITEP) pilot. 

(b) DoD Component authorized 

approving official may approve 

assignments as a mechanism for 

improving the DoD workforce’s 

competency in using IT to deliver 

government information and services. 

DoD Component authorized approving 

official may not make assignments 

under this part to circumvent personnel 

ceilings, or as a substitute for other more 

appropriate personnel decisions or 

actions. Approved assignments must 

meet the strategic program goals of the 

DoD Components. The benefits to the 

DoD Components and the private sector 

organizations are the primary 

considerations in initiating assignments; 

not the desires or personal needs of an 

individual employee. 

§ 241.2 Definitions. 

In this part: 

Detail means the assignment of a DoD 

employee to a private sector 

organization without a change of 

position; or the assignment of a private 

sector employee to a DoD Component 

without a change of position. 

DoD employee means a Federal 

civilian employee of the DoD. 

Exceptional employee means 

performance meets or exceeds all 

standards established at the fully 

successful level or above and makes 

significant contributions towards 

achieving the organizational goals. 

Participating organizations should target 

highly motivated, disciplined 

employees. 

Information technology (IT) as 

defined means use of computers, 

ancillary equipment (including imaging 

peripherals, input, output, and storage 

devices necessary for security and 

surveillance), peripheral equipment 

designed to be controlled by the central 

processing unit of a computer, software, 

firmware and similar procedures, 

services (including support services), 

and related resources. IT includes the 

planning, organizing, staffing, directing, 

integrating, or controlling of information 

technology, including occupational 

specialty areas such as systems 

administration, IT project management, 

network services, operating systems, 

software application, cyber security, 

enterprise architecture, policy and 

planning, internet/web services, 

customer support, data management and 

systems analysis. 

Private sector organization means 

nonpublic or commercial individuals 

and businesses, nonprofit organizations, 

academia, scholastic institutions, and 

nongovernmental organizations. 

Small business concern means a 

business concern that satisfies the 

definitions and standards by the 


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Administrator of the Small Business 

Administration (SBA) as defined by 5 

U.S.C. 3703(e)(2)(A). 

§ 241.3 Assignment authority. 

The Secretary of Defense may with 

the agreement, of the private sector 

organization concerned, arrange for the 

temporary assignment of a DoD 

employee to a private sector 

organization or accept a private sector 

employee from a private sector 

organization to a DoD Component. 

§ 241.4 Eligibility. 

(a) To be eligible for an ITEP detail, 

a DoD or private sector employee must: 

(1) Work in the field of IT; 

(2) Be equivalent at the GS–11 level 

or above 

(3) Be considered an exceptional 

employee, meet or exceed successful 

performance levels and makes 

significant contributions towards 

achieving organizational goals; 

(4) Be expected to assume increased 

IT responsibilities in the future; 

(5) Be currently employed by an 

organization interested in participating 

in the ITEP pilot; and 

(6) Obtain supervisor and company 

approval before an employee can 

participate in an ITEP detail. 

(b) In addition to meeting the 

requirements of paragraph (a) of this 

section, the DoD employee must be 

serving under a career or careerconditional appointment or an 

appointment of equivalent tenure in the 

excepted service. 

(c) The private sector employee must 

meet citizenship requirements for 

Federal employment in accordance with 

5 CFR 7.3 and 338.101, as well as any 

other statutory requirements. When a 

position requires a security clearance, 

the person must possess, or be able to 

obtain an appropriate security 

clearance. 

(d) Proposed assignment meets 

applicable requirements of section 

209(b) of the E-Government Act of 2002. 

§ 241.5 Written agreements. 

(a) Before a detail begins, the DoD 

Component authorized approving 

official, private sector organization 

authorized approving official and the 

employee to be assigned to the ITEP 

detail must sign a three-party 

agreement. Prior to the agreement being 

signed the relevant legal office for the 

DoD Component shall review and 

approve the agreement. The agreement 

must include, but is not limited to the 

following elements: 

(1) The duties to be performed and 

length of detail; 

(2) Describe the core IT competencies 

and technical skills that the detailee 

will be expected to enhance or acquire; 

(3) Identification of the supervisor of 

detailee. 

(b) The agreement shall require DoD 

employees, upon completion of the 

assignment serve in the civil service for 

a period equal to the length of the detail; 

and 

(c) Provide that if the employee of the 

DoD or of the private sector organization 

(as the case may be) fails to carry out the 

agreement, such employee shall be 

liable to the United States for payment 

of all expenses of the assignment, unless 

that failure was for good and sufficient 

reason as determined by the Secretary of 

Defense. 

§ 241.6 Length of details. 

(a) A detail shall be for a period of not 

less than 3 months and not more than 

1 year, and may be extended in 3-month 

increments for a total of not more than 

1 additional year by DoD Components 

and private sector organizations 

authorized approving officials. 

(b) This extension may be granted in 

3-month increments not to exceed 1 

year. No assignment may commence 

after September 30, 2013. 

§ 241.7 Termination. 

An assignment may, at any time and 

for any reason be terminated by the DoD 

or the private sector organization 

concerned. 

§ 241.8 Terms and conditions. 

(a) A DoD employee assigned under 

this part: 

(1) Remains a Federal employee 

without loss of employee rights and 

benefits attached to that status. These 

include, but are not limited to: 

(i) Consideration for promotion; 

(ii) Leave accrual; 

(iii) Continuation of retirement 

benefits and health, life, and long-term 

care insurance benefits; and 

(iv) Pay increases the employee 

otherwise would have received if he or 

she had not been assigned; 

(2) Remains covered for purposes of 

the Federal Tort Claims Act, and for 

purposes of injury compensation as 

described in 5 U.S.C. chapter 81; and 

(3) Is subject to any action that may 

impact the employee’s position while he 

or she is assigned. 

(b) An employee of a private sector 

organization: 

(1) May continue to receive pay and 

benefits from the private sector 

organization from which such employee 

is assigned; 

(2) Is deemed to be an employee of the 

DoD for the purposes of: 

(i) Chapter 73 of title 5, United States 

Code (Suitability, Security, and 

Conduct); 

(ii) Sections 201 (Bribery of Public 

Officials and Witnesses), 203 

(Compensation to Members of Congress, 

Officers and Employees Against and 

Other Matters Affecting the 

Government), 205 (Activities of Officers 

and Employees in Claims Against Other 

Matters Affecting the Government), 207 

(Restrictions on Former Officers, 

Employees, and Elected Officials of the 

Executive and Legislative Branches), 

208 (Acts Affecting a Personal Financial 

Interest), 209 (Salary of Government 

Officials and Employees Payable only 

by the United States), 603 (Making 

Political Contributions), 606 

(Intimidation to Secure Political 

Contributions), 607, (Place of 

Solicitation), 643 (Accounting Generally 

for Public Money), 654 (Officer or 

Employee of the United States 

Converting Property of Another, 1905 

(Disclosure of Confidential Information 

Generally), and 1913 (Lobbying with 

Appropriated Moneys) of title 18, 

United States Code; 

(iii) Sections 1343, 1344, and 1349(b) 

of title 31, United States Code; 

(iv) The Federal Tort Claims Act and 

any other Federal tort liability statute; 

(v) The Ethics in Government Act of 

1978; 

(vi) Section 1043 of the Internal 

Revenue Code of 1986; and 

(vii) Section 27 of the Office of 

Federal Procurement Policy Act; and 

(3) May not have access to any trade 

secrets or to any other nonpublic 

information which is of commercial 

value to the private sector organization 

from which he or she is assigned; 

(4) Is subject to such regulations as 

the President may prescribe; 

(5) Is covered by 5 U.S.C. chapter 81, 

Compensation for Work Injuries; and 

(6) Does not have any right or 

expectation for Federal employment 

solely on the basis of his or her 

assignment. 

§ 241.9 Costs and reimbursements. 

(a) Payment of Salary and 

Allowances. The lending organization 

(DoD or private sector organization) has 

full responsibility for payment of all 

salary and allowances to their employee 

participating in an ITEP pilot. Both DoD 

and private sector employees 

participating in the ITEP pilot are 

entitled to all benefits afforded to 

similar employees of their respective 

lending organizations, including 

medical care, according to subscribed 

plans and Worker’s Compensation for 

injuries sustained in the line of duty. 


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Federal Register / Vol. 77, No. 119 / Wednesday, June 20, 2012 / Rules and Regulations 36919 

(b) Business Training and Travel 

Expenses. The engaging organization 

(recipient of the ITEP pilot participant) 

may pay for any business training and 

travel expenses incurred by the 

employee while participating in the 

ITEP pilot. 

(c) Prohibition. A private sector 

organization may not charge the DoD or 

any agency of the Federal Government, 

as direct or indirect costs under a 

Federal contract, for the costs of pay or 

benefits paid by that organization to an 

employee assigned to a DoD 

Component. 

§ 241.10 Small business consideration. 

The DoD CIO on behalf of the 

Secretary of Defense shall: 

(a) Ensure that, of the assignments 

made each year, at least 20 percent are 

from small business concerns (as 

defined by 5 U.S.C. 3703(e)(2)(A)). 

(b) Take into consideration the 

questions of how assignments might be 

used to help meet the needs of the DoD 

with respect to the training of 

employees in IT. 

§ 241.11 Numerical limitation. 

The ITEP Pilot is an opportunity for 

the exchange of knowledge, experience 

and skills between DoD and the private 

sector. The DoD has the flexibility to 

send their employees to the private 

sector or receive private sector 

employees, or participate in a one-forone exchange. In no event may more 

than 10 employees participate in 

assignments under this section at any 

given time. 

§ 241.12 Reporting requirements. 

(a) For each of fiscal years 2010 

through 2015, the Secretary of Defense 

shall submit annual reports to the 

congressional defense committees, not 

later than 1 month after the end of the 

fiscal year involved, a report on any 

activities carried out during such fiscal 

year, including the following 

information: 

(1) Respective organizations to and 

from which an employee is assigned; 

(2) Positions those employees held 

while they were so assigned; 

(3) Description of the tasks they 

performed while they were so assigned; 

and 

(4) Discussion of any actions that 

might be taken to improve the 

effectiveness of the Pilot program, 

including any proposed changes in the 

law. 

(b) These reports will be prepared and 

submitted by DoD CIO in coordination 

with DoD Components participating in 

the Pilot, to the appropriate 

congressional committees. 

§ 241.13 Implementation. 

The DoD CIO is responsible for 

administering, coordinating and 

implementing the Pilot Program for the 

Temporary Exchange of Information 

Personnel, referred to as the Information 

Technology Exchange Program (ITEP) 

pilot. The DoD CIO will coordinate with 

DoD Components. 

Dated: June 15, 2012. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2012–15007 Filed 6–19–12; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0615; FRL–9345–8] 

Sedaxane; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of sedaxane in or 

on multiple food commodities which 

are identified and discussed later in this 

document. Syngenta Crop Protection, 

Inc. requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective June 

20, 2012. Objections and requests for 

hearings must be received on or before 

August 20, 2012, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0615, is 

available at http://www.regulations.gov 

or at the OPP Docket in the 

Environmental Protection Agency 

Docket Center (EPA/DC), located in EPA 

West, Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Heather Garvie, Registration Division, 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–0034; email address: 

garvie.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://ecfr.gpoaccess.gov/cgi/t/

text/text-idx?&c=ecfr&tpl=/ecfrbrowse/

Title40/40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2010–0615 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before August 20, 2012. Addresses for 

mail and hand delivery of objections 


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