Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance From the U.S. Department of Agriculture, 73245-73246 [2014-28453]

Download as PDF Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Proposed Rules agency or organization. The gaining supervisor must consider the rating and appraisals when deriving the initial summary rating at the end of the appraisal period. § 430.311 (PRBs). Performance Review Boards Each agency must establish one or more PRBs to make recommendations to the appointing authority on the performance of its senior executives. (a) Membership. (1) Each PRB must have three or more members who are appointed by the agency head, or by another official or group acting on behalf of the agency head. Agency heads are encouraged to consider diversity and inclusion in establishing their PRBs. (2) PRB members must be appointed in a way that assures consistency, stability, and objectivity in SES performance appraisal. (3) When appraising a career appointee’s performance or recommending a career appointee for a performance-based pay adjustment or performance award, more than one-half of the PRB’s members must be SES career appointees. (4) The agency must publish notice of PRB appointments in the Federal Register before service begins. (b) Functions. (1) Each PRB must consider agency performance as communicated by the oversight official through the performance appraisal guidelines when reviewing and evaluating the initial summary rating, any senior executive’s response, and any higher-level official’s findings and recommendations on the initial summary rating. The PRB may conduct any further review needed to make its recommendations. The PRB may not review an initial summary rating to which the executive has not been given the opportunity to respond in writing. (2) The PRB must make a written recommendation to the appointing authority about each senior executive’s annual summary rating, performancebased pay adjustment, and performance award. (3) PRB members may not take part in any PRB deliberations involving their own appraisals, performance-based pay adjustments, and performance awards. mstockstill on DSK4VPTVN1PROD with PROPOSALS § 430.312 Using performance results. (a) Agencies must use performance appraisals as a basis for adjusting pay, granting awards, retaining senior executives, and making other personnel decisions. Performance appraisals also will be a factor in assessing a senior executive’s continuing development needs. (b) Agencies are required to provide appropriate incentives and recognition VerDate Sep<11>2014 16:37 Dec 09, 2014 Jkt 235001 (including pay adjustments and performance awards under part 534, subpart D) for excellence in performance. (c) A career executive may be removed from the SES for performance reasons, subject to the provisions of part 359, subpart E, as follows: (1) An executive who receives an unsatisfactory annual summary rating must be reassigned or transferred within the SES, or removed from the SES; (2) An executive who receives two unsatisfactory annual summary ratings in any 5-year period must be removed from the SES; and (3) An executive who receives less than a fully successful annual summary rating twice in any 3-year period must be removed from the SES. § 430.313 Training and evaluation. (a) To assure effective implementation of agency performance management systems, agencies must provide appropriate information and training to agency leadership, supervisors, and senior executives on performance management, including planning and appraising performance. (b) Agencies must periodically evaluate the effectiveness of their performance management system(s) and implement improvements as needed. Evaluations must provide for both assessment of effectiveness and compliance with relevant laws, OPM regulations, and OPM performance management policy. (c) Agencies must maintain all performance-related records for no fewer than 5 years from the date the annual summary rating is issued, as required in 5 CFR 293.404(b)(1). § 430.314 OPM review of agency systems. (a) Agencies must submit proposed SES performance management systems to OPM for approval. Agency systems must address the system standards and requirements specified in this subpart. (b) OPM will review agency systems for compliance with the requirements of law, OPM regulations, and OPM performance management policy, including the system standards specified at § 430.305. (c) If OPM finds that an agency system does not meet the requirements and intent of subchapter II of chapter 43 of title 5, United States Code, or of this subpart, OPM will identify the requirements that were not met and direct the agency to take corrective action, and the agency must comply. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 73245 PART 534—PAY UNDER OTHER SYSTEMS 3. The authority citation for part 534 continues to read as follows: ■ Authority: 5 U.S.C. 1104, 3161(d), 5307, 5351, 5352, 5353, 5376, 5382, 5383, 5384, 5385, 5541, 5550a, sec. 1125 of the National Defense Authorization Act for FY 2004, Pub. L. 108–136, 117 Stat. 1638 (5 U.S.C. 5304, 5382, 5383, 7302; 18 U.S.C. 207); and sec. 2 of Pub. L. 110–372, 122 Stat. 4043 (5 U.S.C. 5304, 5307, 5376). 4. In § 534.505, revise paragraphs (c)(1)(ii) and (c)(1)(iii) to read as follows: ■ § 534.505 Written Procedures. * * * * * (c) * * * (1) * * * (ii) Multiply the amount derived in paragraph (c)(1)(i) of this section by 0.10 (in 2013, $60,146 × 0.10 = $6,015 if the applicable system is certified, or $45,746 × 0.10 = $4,575 if the applicable system is not certified or performance appraisal does not apply); and (iii) Subtract the amount derived in paragraph (c)(1)(ii) of this section from the maximum rate of basic pay applicable under § 534.504 (in 2013, $179,700¥$6,015 = $173,685 if the applicable system is certified, or $165,300¥$4,575 = $160,725 if the applicable system is not certified or performance appraisal does not apply); * * * * * [FR Doc. 2014–28887 Filed 12–9–14; 8:45 am] BILLING CODE 6325–39–P DEPARTMENT OF AGRICULTURE 7 CFR Part 15c RIN 0503–AA57 Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance From the U.S. Department of Agriculture U.S. Department of Agriculture. Proposed rule. AGENCY: ACTION: The U.S. Department of Agriculture (USDA) seeks to issue a Department-wide regulation to implement the Age Discrimination Act of 1975, as amended (‘‘Age Act’’), and the Government-wide age discrimination regulation promulgated by the U.S. Department of Health and Human Services (HHS). The Age Act and HHS regulations prohibit age discrimination in programs and activities receiving Federal financial assistance. The proposed rule intends to ensure compliance with the Age Act and HHS regulations and provide SUMMARY: E:\FR\FM\10DEP1.SGM 10DEP1 73246 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Proposed Rules guidance to USDA agencies, employees, recipients, and beneficiaries on Age Act requirements. In the final rule section of this issue of the Federal Register, USDA is publishing this action as a direct final rule without prior proposal because USDA views this as a non-controversial action and expects no adverse comments. If no adverse comments are received in response to the direct final rule, no further action will be taken on this proposed rule, and the action will become effective at the time specified in the direct final rule. If USDA receives adverse comments, a timely document will be published withdrawing the direct final rule, and all public comments received will be addressed in a subsequent final rule based on this action. Comments on this proposed action must be received by USDA or carry a postmark or equivalent no later than January 9, 2015. ADDRESSES: Submit adverse comments on the proposed rule to Anna G. Stroman, Chief, Policy Division, by mail at Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW., Washington, DC 20250. You may also submit adverse comments on the Federal eRulemaking Portal at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Anna Stroman at anna.stroman@ ascr.usda.gov. DATES: SUPPLEMENTARY INFORMATION: See SUPPLEMENTARY INFORMATION in the direct final rule located in the Rules and Regulations section of this issue of the Federal Register. Dated: November 17, 2014. Thomas J. Vilsack, Secretary. [FR Doc. 2014–28453 Filed 12–9–14; 8:45 am] BILLING CODE P DEPARTMENT OF ENERGY 10 CFR Part 431 [Docket No. EERE–2013–BT–STD–0006] mstockstill on DSK4VPTVN1PROD with PROPOSALS RIN 1904–AC55 Energy Conservation Standards for Commercial and Industrial Fans and Blowers: Availability of Provisional Analysis Tools Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of data availability. AGENCY: The U.S. Department of Energy (DOE) has completed a SUMMARY: VerDate Sep<11>2014 16:37 Dec 09, 2014 Jkt 235001 provisional analysis that estimates the potential economic impacts and energy savings that could result from promulgating a regulatory energy conservation standard for commercial and industrial fans and blowers. At this time, DOE is not proposing an energy conservation standard for commercial and industrial fans and blowers. DOE is publishing this analysis and the underlining assumptions and calculations, which may be used to ultimately support a proposed energy conservation standard, for stakeholder review. DOE encourages stakeholders to provide any additional data or information that may improve the analysis. Comments: DOE will accept comments, data, and information regarding this notice of data availability (NODA) no later than January 26, 2015. ADDRESSES: The analysis is now publically available at: http:// www1.eere.energy.gov/buildings/ appliance_standards/rulemaking.aspx/ ruleid/25. Any comments submitted must identify the NODA for Energy Conservation Standards for commercial and industrial fans and blowers, and provide docket number EERE–2013– BT–STD–0006 and/or regulatory information number (RIN) number 1904–AC55. Comments may be submitted using any of the following methods: 1. Federal Rulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. 2. Email: CIFB2013STD0006@ ee.doe.gov. Include the docket number and/or RIN in the subject line of the message. 3. Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW., Washington, DC 20585–0121. If possible, please submit all items on a compact disc (CD), in which case it is not necessary to include printed copies. 4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Office, 950 L’Enfant Plaza SW., Suite 600, Washington, DC 20024. Telephone: (202) 586–2945. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies. For detailed instructions on submitting comments and additional information on the rulemaking process, see section IV, ‘‘Public Participation.’’ Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/ materials, is available for review at DATES: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure. A link to the docket Web page can be found at: http:// www.regulations.gov/ #!docketDetail;D=EERE-2013-BT-STD0006. The www.regulations.gov Web page contains instructions on how to access all documents in the docket, including public comments. See section IV, ‘‘Public Participation,’’ for further information on how to submit comments through www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Mr. Ron Majette, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies, EE–2J, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–7935. Email: CIFansBlowers@ee.doe.gov. Mr. Peter Cochran, U.S. Department of Energy, Office of the General Counsel, GC–33, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–9496. Email: peter.cochran@hq.doe.gov. For further information on how to submit a comment and review other public comments and the docket, contact Ms. Brenda Edwards at (202) 586–2945 or by email: Brenda.Edwards@ee.doe.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. History of Energy Conservation Standards Rulemaking for Commercial and Industrial Fans and Blowers II. Current Status III. Summary of the Analyses Performed by DOE A. Energy Metric B. Engineering Analysis C. Manufacturer Impact Analysis D. Life-Cycle Cost and Payback Period Analyses E. National Impact Analysis IV. Public Participation Submission of Comments V. Issues on Which DOE Seeks Public Comment I. History of Energy Conservation Standards Rulemaking for Commercial and Industrial Fans and Blowers Title III of the Energy Policy and Conservation Act of 1975 (42 U.S.C. 6291, et seq; ‘‘EPCA’’), Pub. L. 94–163, sets forth a variety of provisions designed to improve energy efficiency.1 1 All references to EPCA in this document refer to the statute as amended through the American E:\FR\FM\10DEP1.SGM 10DEP1

Agencies

[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Proposed Rules]
[Pages 73245-73246]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28453]


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 DEPARTMENT OF AGRICULTURE

7 CFR Part 15c

RIN 0503-AA57


Nondiscrimination on the Basis of Age in Programs or Activities 
Receiving Federal Financial Assistance From the U.S. Department of 
Agriculture

AGENCY: U.S. Department of Agriculture.

ACTION: Proposed rule.

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SUMMARY: The U.S. Department of Agriculture (USDA) seeks to issue a 
Department-wide regulation to implement the Age Discrimination Act of 
1975, as amended (``Age Act''), and the Government-wide age 
discrimination regulation promulgated by the U.S. Department of Health 
and Human Services (HHS). The Age Act and HHS regulations prohibit age 
discrimination in programs and activities receiving Federal financial 
assistance. The proposed rule intends to ensure compliance with the Age 
Act and HHS regulations and provide

[[Page 73246]]

guidance to USDA agencies, employees, recipients, and beneficiaries on 
Age Act requirements. In the final rule section of this issue of the 
Federal Register, USDA is publishing this action as a direct final rule 
without prior proposal because USDA views this as a non-controversial 
action and expects no adverse comments. If no adverse comments are 
received in response to the direct final rule, no further action will 
be taken on this proposed rule, and the action will become effective at 
the time specified in the direct final rule. If USDA receives adverse 
comments, a timely document will be published withdrawing the direct 
final rule, and all public comments received will be addressed in a 
subsequent final rule based on this action.

DATES: Comments on this proposed action must be received by USDA or 
carry a postmark or equivalent no later than January 9, 2015.

ADDRESSES: Submit adverse comments on the proposed rule to Anna G. 
Stroman, Chief, Policy Division, by mail at Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW., Washington, 
DC 20250. You may also submit adverse comments on the Federal 
eRulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Anna Stroman at 
anna.stroman@ascr.usda.gov.

SUPPLEMENTARY INFORMATION: See SUPPLEMENTARY INFORMATION in the direct 
final rule located in the Rules and Regulations section of this issue 
of the Federal Register.

    Dated: November 17, 2014.
Thomas J. Vilsack,
Secretary.
[FR Doc. 2014-28453 Filed 12-9-14; 8:45 am]
BILLING CODE P