Prevailing Rate Systems; Abolishment of the Newburgh, NY, Appropriated Fund Federal Wage System Wage Area, 24455-24456 [2016-09702]

Download as PDF 24455 Rules and Regulations Federal Register Vol. 81, No. 80 Tuesday, April 26, 2016 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 532 RIN 3206–AN26 Prevailing Rate Systems; Abolishment of the Newburgh, NY, Appropriated Fund Federal Wage System Wage Area U.S. Office of Personnel Management. ACTION: Final rule. AGENCY: The U.S. Office of Personnel Management (OPM) is issuing a final rule to abolish the Newburgh, New York, appropriated fund Federal Wage System (FWS) wage area and redefine Orange County, NY, to the New York, NY, survey area; Dutchess County, NY, to the New York area of application; Delaware and Ulster Counties, NY, to the Albany-Schenectady-Troy, NY, area of application; and Sullivan County, NY, to the Scranton-Wilkes-Barre, Pennsylvania, area of application. These changes are based on a consensus recommendation of the Federal Prevailing Rate Advisory Committee (FPRAC) to best match the counties proposed for redefinition to nearby FWS survey areas. DATES: Effective date: This rule is effective on April 26, 2016. Applicability date: This change applies on the first day of the first applicable pay period beginning on or after May 26, 2016. FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, by telephone at (202) 606–2838 or by email at pay-leavepolicy@opm.gov. SUPPLEMENTARY INFORMATION: On November 30, 2015, OPM issued a proposed rule (80 FR 74715) to abolish the Newburgh, NY, appropriated fund FWS wage area and redefine Orange County, NY, to the New York, NY, survey area; Dutchess County, NY, to asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 17:40 Apr 25, 2016 Jkt 238001 the New York area of application; Delaware and Ulster Counties, NY, to the Albany-Schenectady-Troy, NY, area of application; and Sullivan County, NY, to the Scranton-Wilkes-Barre, PA, area of application. FPRAC, the national labor-management committee responsible for advising OPM on matters concerning the pay of FWS employees, reviewed and recommended this change by consensus. The 30-day comment period ended on December 30, 2015. OPM received one comment in support of the proposal and one comment regarding the effective date of the proposed change recommending retroactive applicability. OPM defines wage areas through regulation in 5 CFR part 532. Changes in OPM’s regulations are prospective, not retroactive, following an appropriate period for public comment. These changes will apply on the first day of the first applicable pay period beginning on or after 30 days following publication of the final regulations. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will affect only Federal agencies and employees. List of Subjects in 5 CFR Part 532 Administrative practice and procedure, Freedom of information, Government employees, Reporting and recordkeeping requirements, Wages. U.S. Office of Personnel Management. Beth F. Cobert, Acting Director. Accordingly, OPM is amending 5 CFR part 532 as follows: PART 532—PREVAILING RATE SYSTEMS 1. The authority citation for part 532 continues to read as follows: ■ Authority: 5 U.S.C. 5343, 5346; § 532.707 also issued under 5 U.S.C. 552. Appendix A to Subpart B of Part 532— [Amended] 2. Appendix A to subpart B of part 532 is amended for the State of New York by removing the entry for Newburgh. ■ 3. Appendix C to subpart B is amended by revising the wage area listing for the Albany-Schenectady■ PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Troy, NY; New York, NY; and ScrantonWilkes-Barre, PA, wage areas and removing the wage area listing for Newburgh, NY, The revisions read as follows: Appendix C to Subpart B of Part 532— Appropriated Fund Wage and Survey Areas * * * * * NEW YORK Albany-Schenectady-Troy Survey Area New York: Albany Montgomery Rensselaer Saratoga Schenectady Area of Application. Survey area plus: New York: Columbia Delaware Fulton Greene Schoharie Ulster Warren Washington * * * * * New York Survey Area New Jersey: Bergen Essex Hudson Middlesex Morris Passaic Somerset Union New York: Bronx Kings Nassau New York Orange Queens Suffolk Westchester Area of Application. Survey area plus: New Jersey: Hunterdon Monmouth Ocean (Excluding the Fort Dix Military Reservation) Sussex New York: Dutchess Putnam Richmond Rockland Pennsylvania: E:\FR\FM\26APR1.SGM 26APR1 24456 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations Pike * * * * * PENNSYLVANIA Scranton-Wilkes-Barre Survey Area Pennsylvania: Lackawanna Luzerne Monroe Area of Application. Survey area plus: New York: Sullivan Pennsylvania: Bradford Columbia Lycoming (Excluding Allenwood Federal Prison Camp) Montour Sullivan Susquehanna Wayne Wyoming * * * * * [FR Doc. 2016–09702 Filed 4–25–16; 8:45 am] BILLING CODE 6325–39–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 925 and 944 [Doc. No. AMS–FV–14–0100; FV15–925–1 FR] Grapes Grown in a Designated Area of Southeastern California and Imported Table Grapes; Revision to the Administrative Rules and Regulations for Shipments to Charitable Organizations Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: This rule implements a recommendation from the California Desert Grape Administrative Committee (Committee) to revise the administrative rules and regulations of the Federal marketing order for grapes grown in a designated area of southeastern California (order) and the table grape import regulation. The Committee locally administers the order and is comprised of producers and handlers of grapes grown in the production area. This rule allows handlers and importers to ship grapes that do not meet the minimum grade and size quality requirements to be donated to charitable organizations. Any such grapes shall not be used for resale. The import regulation is authorized under section 608e of the Agricultural Marketing Agreement Act of 1937 and regulates the importation of table grapes into the United States. This asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 17:40 Apr 25, 2016 Jkt 238001 final rule provides an additional outlet for grapes regulated under the order and assists USDA’s efforts to reduce food waste in support of the U.S. Food Waste Challenge. DATES: Effective May 26, 2016. FOR FURTHER INFORMATION CONTACT: Kathie Notoro, Marketing Specialist, or Jeffrey Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., Stop 0237, Washington, DC 20250–0237; Telephone: (202) 720– 2491, Fax: (202) 720–8938, or Email: Kathie.Notoro@ams.usda.gov or Jeffrey.Smutny@ams.usda.gov. Small businesses may request information on complying with this regulation by contacting Antoinette Carter, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720– 2491, Fax: (202) 720–8938, or Email: Antoinette.Carter@ams.usda.gov. SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing Order No. 925 (7 CFR part 925), regulating the handling of table grapes grown in a designated area of southeastern California, hereinafter referred to as the ‘‘order.’’ The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act.’’ This final rule is also issued under section 608e (8e) of the Act, which provides that whenever certain specified commodities, including table grapes, are regulated under a Federal marketing order, imports of these commodities into the United States are prohibited unless they meet the same or comparable grade, size, quality, or maturity requirements as those in effect for the domestically produced commodities. The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA’s ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of import regulations issued under section 8e of the Act. This final rule revises the order’s administrative rules and regulations and the import regulations to allow handlers and importers to ship grapes that do not meet the minimum grade and size quality requirements to be donated to charitable organizations. Any such grapes shall not be used for resale. This action provides an additional outlet for grapes regulated under the order and supports USDA’s efforts to reduce food waste under the U.S. Food Waste Challenge. The change in the import regulation is required under section 8e of the Act. These actions were unanimously recommended by the Committee following deliberations at a public meeting held on November 5, 2013, and a required new Food Donation Form (CDGAC Form No. 8) was subsequently approved at a meeting held on October 30, 2014. Section 925.54 of the order provides that regulations in effect pursuant to § 925.41, § 925.52, or § 925.55 may be modified, suspended, or terminated to facilitate handling of grapes for purposes which may be recommended by the Committee and approved by the Secretary, and that rules, regulations, and safeguards shall be prescribed to prevent grapes handled under the provisions of this section from entering the channels of trade for other than the specific purposes authorized by this section. This final rule amends § 925.304 of the administrative rules and regulations to provide an outlet for grapes failing to meet inspection and quality requirements. The final rule allows handlers to donate such grapes to charitable organizations. Any such grapes may not be used for resale. Accordingly, to prohibit such donated grapes from being sold, and to prevent other unauthorized distribution of such shipments, the Committee developed CDGAC Form No. 8 to track the shipment of these grapes and verify their receipt by the intended charitable organization. E:\FR\FM\26APR1.SGM 26APR1

Agencies

[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)]
[Rules and Regulations]
[Pages 24455-24456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09702]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules 
and Regulations

[[Page 24455]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AN26


Prevailing Rate Systems; Abolishment of the Newburgh, NY, 
Appropriated Fund Federal Wage System Wage Area

AGENCY: U.S. Office of Personnel Management.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing a 
final rule to abolish the Newburgh, New York, appropriated fund Federal 
Wage System (FWS) wage area and redefine Orange County, NY, to the New 
York, NY, survey area; Dutchess County, NY, to the New York area of 
application; Delaware and Ulster Counties, NY, to the Albany-
Schenectady-Troy, NY, area of application; and Sullivan County, NY, to 
the Scranton-Wilkes-Barre, Pennsylvania, area of application. These 
changes are based on a consensus recommendation of the Federal 
Prevailing Rate Advisory Committee (FPRAC) to best match the counties 
proposed for redefinition to nearby FWS survey areas.

DATES: Effective date: This rule is effective on April 26, 2016. 
Applicability date: This change applies on the first day of the first 
applicable pay period beginning on or after May 26, 2016.

FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, by telephone at 
(202) 606-2838 or by email at pay-leave-policy@opm.gov.

SUPPLEMENTARY INFORMATION: On November 30, 2015, OPM issued a proposed 
rule (80 FR 74715) to abolish the Newburgh, NY, appropriated fund FWS 
wage area and redefine Orange County, NY, to the New York, NY, survey 
area; Dutchess County, NY, to the New York area of application; 
Delaware and Ulster Counties, NY, to the Albany-Schenectady-Troy, NY, 
area of application; and Sullivan County, NY, to the Scranton-Wilkes-
Barre, PA, area of application. FPRAC, the national labor-management 
committee responsible for advising OPM on matters concerning the pay of 
FWS employees, reviewed and recommended this change by consensus.
    The 30-day comment period ended on December 30, 2015. OPM received 
one comment in support of the proposal and one comment regarding the 
effective date of the proposed change recommending retroactive 
applicability.
    OPM defines wage areas through regulation in 5 CFR part 532. 
Changes in OPM's regulations are prospective, not retroactive, 
following an appropriate period for public comment. These changes will 
apply on the first day of the first applicable pay period beginning on 
or after 30 days following publication of the final regulations.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities because they 
will affect only Federal agencies and employees.

List of Subjects in 5 CFR Part 532

    Administrative practice and procedure, Freedom of information, 
Government employees, Reporting and recordkeeping requirements, Wages.

U.S. Office of Personnel Management.
Beth F. Cobert,
Acting Director.

    Accordingly, OPM is amending 5 CFR part 532 as follows:

PART 532--PREVAILING RATE SYSTEMS

0
1. The authority citation for part 532 continues to read as follows:

    Authority: 5 U.S.C. 5343, 5346; Sec.  532.707 also issued under 
5 U.S.C. 552.


Appendix A to Subpart B of Part 532--  [Amended]

0
2. Appendix A to subpart B of part 532 is amended for the State of New 
York by removing the entry for Newburgh.

0
3. Appendix C to subpart B is amended by revising the wage area listing 
for the Albany-Schenectady-Troy, NY; New York, NY; and Scranton-Wilkes-
Barre, PA, wage areas and removing the wage area listing for Newburgh, 
NY,
    The revisions read as follows:

Appendix C to Subpart B of Part 532--Appropriated Fund Wage and Survey 
Areas

* * * * *

NEW YORK

Albany-Schenectady-Troy

Survey Area

New York:
    Albany
    Montgomery
    Rensselaer
    Saratoga
    Schenectady

Area of Application. Survey area plus:

New York:
    Columbia
    Delaware
    Fulton
    Greene
    Schoharie
    Ulster
    Warren
    Washington
* * * * *

New York

Survey Area

New Jersey:
    Bergen
    Essex
    Hudson
    Middlesex
    Morris
    Passaic
    Somerset
    Union
New York:
    Bronx
    Kings
    Nassau
    New York
    Orange
    Queens
    Suffolk
    Westchester

Area of Application. Survey area plus:

New Jersey:
    Hunterdon
    Monmouth
    Ocean (Excluding the Fort Dix Military Reservation)
    Sussex
New York:
    Dutchess
    Putnam
    Richmond
    Rockland
Pennsylvania:

[[Page 24456]]

    Pike
* * * * *

PENNSYLVANIA

Scranton-Wilkes-Barre

Survey Area

Pennsylvania:
    Lackawanna
    Luzerne
    Monroe

Area of Application. Survey area plus:

New York:
    Sullivan
Pennsylvania:
    Bradford
    Columbia
    Lycoming (Excluding Allenwood Federal Prison Camp)
    Montour
    Sullivan
    Susquehanna
    Wayne
    Wyoming
* * * * *
[FR Doc. 2016-09702 Filed 4-25-16; 8:45 am]
BILLING CODE 6325-39-P