Supplemental Nutrition Assistance Program: Review of Major Changes in Program Design and Management Evaluation Systems; Approval of Information Collection Request, 20524-20525 [2016-08031]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with RULES 20524 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations OPM noted its continuing use of the in loco parentis standard described in Administrator’s Interpretation No. 2010–3 in the Supplementary Information to the proposed rule under the section, ‘‘Children of Same-Sex Couples,’’ which referenced OPM’s August 31, 2010, memorandum titled Interpretation of ‘Son or Daughter’ Under the Family and Medical Leave Act. (See CPM 2010–15 at https:// www.chcoc.gov/content/interpretation‘‘son-or-daughter’’-under-family-andmedical-leave-act.) As noted in the memorandum, Administrator’s Interpretation No. 2010–3 applies only to title I of FMLA; however, OPM has adopted the interpretation to also apply to employees covered by title II of FMLA. The memorandum specifies how individuals may be determined to stand in loco parentis and that neither the law nor OPM regulations restrict the number of parents a child may have under FMLA. Two commenters asked that OPM consider amending the definition of parent to extend eligibility to parentsin-law. The definition of parent in the regulations derives from the statutory definition at 5 U.S.C. 6381(3). Inclusion of parents-in-law would require a statutory change; therefore, it is outside the scope of these regulations. Three commenters noted that the phrase ‘‘in a same-sex or common law marriage’’ used in the definition of spouse could be interpreted as excluding same-sex common law marriages. We do not see the need to deviate from DOL’s definition on this point. The definition uses the term ‘‘common law marriage’’ without exclusion; therefore, it applies to all common law marriages, including samesex common law marriages. Additionally, OPM’s October 21, 2013, memorandum (cited above in the Background section) makes clear that same-sex spouses in common law marriages are included in the definition of spouse. One commenter said the Federal Government should take legislative action to meet the needs of working families excluded by FMLA because of the business-size threshold and employee tenure and hours-worked requirements. These exclusions do not apply to Federal employees covered by title II of FMLA and, regardless, legislation is outside the scope of the regulations. The same commenter expressed the need for paid family leave. FMLA does not authorize paid family leave; therefore, this comment is outside the scope of the regulations. A Federal agency suggested adding ‘‘at the time of the marriage ceremony’’ VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 in four places within the definition of spouse to make clear that, for purposes of the FMLA entitlement, the marriage need only have been valid in a State at the point in time that the ceremony took place. We believe that the verb tense used in the definition provides the needed clarity on this point where applicable. Therefore, we are not adopting this suggestion. We made a minor editorial change to the definition of spouse (changing ‘‘was valid’’ to ‘‘is valid’’ in subparagraph (2)) to conform to the definition used by DOL in its title I regulations. We also made a minor change to the wording of the definition of parent to ensure coverage not only of individuals who stood in loco parentis to an employee but also of individuals who still stand in loco parentis to an employee. Because OPM received no comments requiring further changes to the definitions provided in the proposed rule, we are adopting the definitions as final. Executive Order 13563 and Executive Order 12866 The Office of Management and Budget has reviewed this rule in accordance with E.O. 13563 and 12866. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because it will apply only to Federal agencies and employees. List of Subjects in 5 CFR Part 630 Government employees. U.S. Office of Personnel Management. Beth F. Cobert, Acting Director. Accordingly, OPM amends 5 CFR part 630 as follows: Pub. L. 103–103; subpart K also issued under Pub. L. 105–18, 111 Stat. 158; subpart L also issued under 5 U.S.C. 6387 and Pub. L. 103– 3, 107 Stat. 23; and subpart M also issued under 5 U.S.C. 6391 and Pub. L. 102–25, 105 Stat. 92. 2. In § 630.1202, the definitions of parent and spouse are revised and the definition of State is added in alphabetical order to read as follows: ■ § 630.1202 Definitions. * * * * * Parent means a biological, adoptive, step, or foster father or mother, or any individual who stands or stood in loco parentis to an employee meeting the definition of son or daughter below. This term does not include parents ‘‘in law.’’ * * * * * Spouse, as defined in the statute, means a husband or wife. For purposes of this definition, husband or wife refers to the other person with whom an individual entered into marriage as defined or recognized under State law for purposes of marriage in the State where the marriage was entered into or, in the case of a marriage entered into outside of any State, if the marriage is valid in the place where entered into and could have been entered into in at least one State. This definition includes an individual in a same-sex or common law marriage that either: (1) Was entered into in a State that recognizes such marriages, or (2) If entered into outside of any State, is valid in the place where entered into and could have been entered into in at least one State. State means any State of the United States or the District of Columbia or any Territory or possession of the United States. * * * * * [FR Doc. 2016–08081 Filed 4–7–16; 8:45 am] BILLING CODE 6325–39–P PART 630—ABSENCE AND LEAVE 1. The authority citation for part 630 continues to read as follows: ■ Authority: 5 U.S.C. 6311; § 630.205 also issued under Pub. L. 108–411, 118 Stat 2312; § 630.301 also issued under Pub. L. 103–356, 108 Stat. 3410 and Pub. L. 108–411, 118 Stat 2312; § 630.303 also issued under 5 U.S.C. 6133(a); §§ 630.306 and 630.308 also issued under 5 U.S.C. 6304(d)(3), Pub. L. 102–484, 106 Stat. 2722, and Pub. L. 103–337, 108 Stat. 2663; subpart D also issued under Pub. L. 103–329, 108 Stat. 2423; § 630.501 and subpart F also issued under E.O. 11228, 30 FR 7739, 3 CFR, 1974 Comp., p. 163; subpart G also issued under 5 U.S.C. 6305; subpart H also issued under 5 U.S.C. 6326; subpart I also issued under 5 U.S.C. 6332, Pub. L. 100–566, 102 Stat. 2834, and Pub. L. 103– 103, 107 Stat. 1022; subpart J also issued under 5 U.S.C. 6362, Pub. L 100–566, and PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Parts 271, 272 and 275 [FNS–2011–0035] RIN 0584–AD86 Supplemental Nutrition Assistance Program: Review of Major Changes in Program Design and Management Evaluation Systems; Approval of Information Collection Request Food and Nutrition Service, USDA. ACTION: Final rule; notice of approval of Information Collection Request (ICR). AGENCY: E:\FR\FM\08APR1.SGM 08APR1 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations The final rule entitled Supplemental Nutrition Assistance Program: Review of Major Changes in Program Design and Management Evaluation Systems was published on January 19, 2016. The Office of Management and Budget (OMB) cleared the associated information collection requirements (ICR) on March 10, 2016. This document announces approval of the ICR. DATES: The ICR associated with the final rule published in the Federal Register on January 19, 2016, at 81 FR 2725, was approved by OMB on March 10, 2016. FOR FURTHER INFORMATION CONTACT: Mary Rose Conroy, Chief, Program Design Branch, Program Development Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, Virginia 22302, (703) 305– 2803, or SNAPMajorChange@ fns.usda.gov. SUMMARY: The final rule entitled Supplemental Nutrition Assistance Program: Review of Major Changes in Program Design and Management Evaluation Systems was published on January 19, 2016. The Office of Management and Budget (OMB) cleared the associated information collection requirements (ICR) on March 10, 2016. This document announces approval of the ICR. The ICR for this rule approved the creation of a new information collection, which has been assigned the OMB Control Number 0584–0579. SUPPLEMENTARY INFORMATION: Dated: March 31, 2016. Audrey Rowe, Administrator, Food and Nutrition Service. [FR Doc. 2016–08031 Filed 4–7–16; 8:45 am] BILLING CODE 3410–30–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS–2014–0085] RIN 0579–AE04 asabaliauskas on DSK3SPTVN1PROD with RULES Importation of Fresh Andean Blackberry and Raspberry Fruit From Ecuador Into the Continental United States Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. AGENCY: We are amending the fruits and vegetables regulations to allow the importation of fresh Andean blackberry and raspberry fruit from Ecuador into SUMMARY: VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 the continental United States. As a condition of entry, the fruit will have to be produced in accordance with a systems approach that includes requirements for importation in commercial consignments from a pest free production site within a certified low pest prevalence area for fruit flies, and pest monitoring and trapping. The fruit will also have to be accompanied by a phytosanitary certificate issued by the national plant protection organization of Ecuador bearing an additional declaration stating that the consignment was produced and prepared for export in accordance with the requirements of the systems approach. This action will allow for the importation of fresh Andean blackberry and raspberry fruit from Ecuador while continuing to provide protection against the introduction of quarantine pests into the continental United States. DATES: Effective May 9, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, M.S., Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, Imports, Regulations and Manuals, PPQ, APHIS, (301) 851–2352; email: Claudia.Ferguson@aphis.usda.gov. SUPPLEMENTARY INFORMATION: Background Under the regulations in ‘‘SubpartFruits and Vegetables’’ (7 CFR 319.56– 1 through 319.56–74, referred to below as the regulations), the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture prohibits or restricts the importation of fruits and vegetables into the United States from certain parts of the world to prevent plant pests from being introduced into and spread within the United States. On April 24, 2015, we published in the Federal Register (80 FR 22927– 22930, Docket No. APHIS–2014–0085) a proposal 1 to amend the regulations to allow importation of Andean blackberry (Rubus glaucus Benth) and raspberry (Rubus idaeus Linnaeus) fruit into the continental United States from Ecuador subject to a systems approach. We also prepared a pest risk assessment (PRA) and a risk management document (RMD). The PRA evaluates the risks associated with the importation of fresh Andean blackberry and raspberry fruit from Ecuador into the continental United States. The RMD draws upon the findings of the PRA to determine the phytosanitary measures necessary to 1 To view the proposed rule, supporting documents, and the comments we received, go to http://www.regulations.gov/ #!docketDetail;D=APHIS-2014-0085. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 20525 ensure the safe importation into the continental United States of fresh Andean blackberry and raspberry fruit from Ecuador. In the proposed rule, we noted that the PRA rated three plant pests as having a high pest risk potential for following the pathway of fresh Andean blackberry and raspberry fruit from Ecuador into the continental United States: Anastrepha fraterculus (South American fruit fly), Ceratitis capitata (Mediterranean fruit fly, or Medfly), and Copitarsia decolora, a moth. We determined in the PRA that measures beyond standard port of arrival inspection will adequately mitigate the risks posed by these plant pests and proposed a systems approach that includes requirements for importation in commercial consignments from a pest free production site within a certified low pest prevalence area for fruit flies, pest monitoring, and pest trapping. We also proposed that the fruit be imported in commercial consignments only and accompanied by a phytosanitary certificate issued by the national plant protection organization (NPPO) of Ecuador stating that the consignment was produced and prepared for export in accordance with the systems approach. We solicited comments concerning our proposal for 60 days ending June 23, 2015. We received five comments during the comment period from members of the public and an employee of a foreign NPPO. The comments are discussed below. General Comments Two commenters stated that the importation of fresh Andean blackberry and raspberry fruit into the continental United States should not be allowed due to the associated plant pest risk. One of these commenters added that production of blackberry and raspberry fruit in the United States, along with existing import agreements with other countries, renders importation of Andean blackberry and raspberry fruit from Ecuador unnecessary. We are making no changes in response to these comments. Under the Plant Protection Act (7 U.S.C. 7701 et seq.), we have the authority to prohibit or restrict the importation of plants and plant products only when necessary to prevent the introduction into, or dissemination of plant pests or noxious weeds within, the United States. We have determined that fresh Andean blackberry and raspberry fruit from Ecuador may be safely imported into the continental United States under the E:\FR\FM\08APR1.SGM 08APR1

Agencies

[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Rules and Regulations]
[Pages 20524-20525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08031]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 271, 272 and 275

[FNS-2011-0035]
RIN 0584-AD86


Supplemental Nutrition Assistance Program: Review of Major 
Changes in Program Design and Management Evaluation Systems; Approval 
of Information Collection Request

AGENCY: Food and Nutrition Service, USDA.

ACTION: Final rule; notice of approval of Information Collection 
Request (ICR).

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[[Page 20525]]

SUMMARY: The final rule entitled Supplemental Nutrition Assistance 
Program: Review of Major Changes in Program Design and Management 
Evaluation Systems was published on January 19, 2016. The Office of 
Management and Budget (OMB) cleared the associated information 
collection requirements (ICR) on March 10, 2016. This document 
announces approval of the ICR.

DATES: The ICR associated with the final rule published in the Federal 
Register on January 19, 2016, at 81 FR 2725, was approved by OMB on 
March 10, 2016.

FOR FURTHER INFORMATION CONTACT: Mary Rose Conroy, Chief, Program 
Design Branch, Program Development Division, Food and Nutrition 
Service, USDA, 3101 Park Center Drive, Alexandria, Virginia 22302, 
(703) 305-2803, or SNAPMajorChange@fns.usda.gov.

SUPPLEMENTARY INFORMATION: The final rule entitled Supplemental 
Nutrition Assistance Program: Review of Major Changes in Program Design 
and Management Evaluation Systems was published on January 19, 2016. 
The Office of Management and Budget (OMB) cleared the associated 
information collection requirements (ICR) on March 10, 2016. This 
document announces approval of the ICR. The ICR for this rule approved 
the creation of a new information collection, which has been assigned 
the OMB Control Number 0584-0579.

    Dated: March 31, 2016.
Audrey Rowe,
Administrator, Food and Nutrition Service.
[FR Doc. 2016-08031 Filed 4-7-16; 8:45 am]
 BILLING CODE 3410-30-P