May 23, 2016 – Federal Register Recent Federal Regulation Documents

Results 51 - 100 of 102
Combined Notice of Filings #1
Document Number: 2016-12045
Type: Notice
Date: 2016-05-23
Agency: Department of Energy, Federal Energy Regulatory Commission
Records Governing Off-the-Record Communications; Public Notice
Document Number: 2016-12044
Type: Notice
Date: 2016-05-23
Agency: Department of Energy, Federal Energy Regulatory Commission
Notice of Request for Information by the Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria
Document Number: 2016-12043
Type: Notice
Date: 2016-05-23
Agency: Department of Health and Human Services
The Presidential Advisory Council on Combating Antibiotic- Resistant Bacteria (Advisory Council) requests information from the general public and stakeholders related to efforts and strategies to combat antibiotic-resistance. In the process of developing their report, Initial Assessments of the National Action Plan for Combating Antibiotic-Resistant Bacteria, the Advisory Council followed the framework of the National Action Plan for Combating Antibiotic Resistant Bacteria (Action Plan) to hear about a wide range of ongoing and planned activities by the federal government, including some stakeholders/sectors relevant to this overall effort. This Request for Information (RFI) offers the opportunity for interested individuals, organizations, associations, industries, and others, to provide their feedback. Responses to the questions must be received by 11:59 p.m. on June 22, 2016 to be considered. The questions are also available through an online form on the Advisory Council Web page at www.hhs.gov/ ash/carb. Individuals who wish to send in their responses via email should send an email to CARB@hhs.gov, indicating the question number(s) for which they are responding.
Patent Processing (Updating)
Document Number: 2016-12042
Type: Notice
Date: 2016-05-23
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on this extension of a continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
North Pacific Fishery Management Council; Public Meetings
Document Number: 2016-12041
Type: Notice
Date: 2016-05-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council (Council) and its advisory committees will meet June 6 through June 14, 2016.
Gulf of Mexico Fishery Management Council; Public Meeting
Document Number: 2016-12040
Type: Notice
Date: 2016-05-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gulf of Mexico Fishery Management Council will hold a meeting of its Data Collection Technical Committee.
Containment Shell or Liner Moisture Barrier Inspection
Document Number: 2016-12039
Type: Notice
Date: 2016-05-23
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is issuing Regulatory Issue Summary (RIS) 2016-07, ``Containment Shell or Liner Moisture Barrier Inspection.'' This RIS reiterates the NRC staff's position regarding American Society of Mechanical Engineers (ASME) code inservice inspection requirements for moisture barriers. The NRC's regulations require, in part, that licensees implement the inservice inspection program for pressure retaining components and their integral attachments of metal containments and metallic liners of concrete containments in accordance with the ASME Code. If a material prevents moisture from contacting inaccessible areas of the containment shell or liner, especially if the material is being relied upon in lieu of augmented examinations of a susceptible location, the material must be inspected as a moisture barrier. The applicable ASME Code sections require licensees to inspect 100 percent of accessible moisture barriers during each inspection period.
Eastern Arizona Resource Advisory Committee
Document Number: 2016-12038
Type: Notice
Date: 2016-05-23
Agency: Department of Agriculture, Forest Service
The Eastern Arizona Resource Advisory Committee (RAC) will meet in Springerville, Arizona. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110- 343) (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with title II of the Act. The meeting is open to the public. The purpose of the meeting is to review and recommend projects authorized under title II of the Act.
Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
Document Number: 2016-12037
Type: Notice
Date: 2016-05-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The SEDAR Data Best Practices Panel will develop, review, and evaluate best practice recommendations for SEDAR Data Workshops. See SUPPLEMENTARY INFORMATION.
Notice of Intent To Prepare an Environmental Impact Statement and Initiate Section 106 Consultation for Proposed Changes to Arecibo Observatory Operations, Arecibo, Puerto Rico and Notice of Public Scoping Meetings and Comment Period
Document Number: 2016-12036
Type: Notice
Date: 2016-05-23
Agency: National Science Foundation, Agencies and Commissions
In compliance with the National Environmental Policy Act of 1969, as amended, the National Science Foundation (NSF) intends to prepare an Environmental Impact Statement (EIS) to evaluate potential environmental effects of proposed changes to operations at Arecibo Observatory, in Arecibo, Puerto Rico. (See supplementary information below for more detail.) By this notice, NSF is announcing the beginning of the scoping process to solicit public comments and identify issues to be analyzed in the EIS. NSF also intends to initiate consultation under Section 106 of the National Historic Preservation Act to evaluate potential effects to the Arecibo Observatory, which is a historic property listed in the National Register of Historic Places.
Proposed Collection; Comment Request
Document Number: 2016-12035
Type: Notice
Date: 2016-05-23
Agency: Department of Defense, Office of the Secretary
In compliance with the Paperwork Reduction Act of 1995, the Office of the Assistant Secretary of Defense for Health Affairs announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
Proposed Information Collection (Notice of Disagreement (NOD) (Pension, Dependency and Indemnity Compensation (DIC), Burial and Accrued), VA Form 21P-0970); Comment Request
Document Number: 2016-12033
Type: Notice
Date: 2016-05-23
Agency: Department of Veterans Affairs
The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed new collection of information and allow 60 days for public comment in response to the notice.
Proposed Information Collection (Medical Expense Report, VA Form 21P-8416) Activity: Comment Request
Document Number: 2016-12032
Type: Notice
Date: 2016-05-23
Agency: Department of Veterans Affairs
The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed revision of a currently approved collection, and allow 60 days for public comment in response to the notice.
Proposed Information Collection (Principles of Excellence Complaint System Intake); Activity: Comment Request
Document Number: 2016-12031
Type: Notice
Date: 2016-05-23
Agency: Department of Veterans Affairs
The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice.
Banned Devices; Proposal To Ban Electrical Stimulation Devices Used To Treat Self-Injurious or Aggressive Behavior; Extension of Comment Period
Document Number: 2016-12026
Type: Proposed Rule
Date: 2016-05-23
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is extending the comment period for the proposed rule that appeared in the Federal Register of April 25, 2016. In the proposed rule, FDA requested comments for a ban on electrical stimulation devices (ESDs) used for self-injurious or aggressive behavior (SIB or AB). The Agency is taking this action in response to requests for an extension to allow interested persons additional time to submit comments.
Porcelain-On-Steel Cooking Ware From China; Scheduling of an Expedited Five-Year Review
Document Number: 2016-12024
Type: Notice
Date: 2016-05-23
Agency: International Trade Commission, Agencies and Commissions
The Commission hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the antidumping duty order on porcelain-on-steel cooking ware from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Center for Scientific Review; Notice of Closed Meetings
Document Number: 2016-12023
Type: Notice
Date: 2016-05-23
Agency: Department of Health and Human Services, National Institutes of Health
Center for Scientific Review; Notice of Closed Meetings
Document Number: 2016-12022
Type: Notice
Date: 2016-05-23
Agency: Department of Health and Human Services, National Institutes of Health
Alloy Magnesium From China; Scheduling of an Expedited Five-Year Review
Document Number: 2016-12021
Type: Notice
Date: 2016-05-23
Agency: International Trade Commission, Agencies and Commissions
The Commission hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the antidumping duty order on alloy magnesium from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Personal Protective Equipment for Shipyard Employment
Document Number: 2016-12019
Type: Notice
Date: 2016-05-23
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Personal Protective Equipment for Shipyard Employment,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited.
Notice of Public Workshop Regarding the Cybersecurity Information Sharing Act of 2015 Implementation
Document Number: 2016-12018
Type: Notice
Date: 2016-05-23
Agency: Department of Homeland Security
The Department of Homeland Security (DHS) announces a public workshop on Thursday, June 9, 2016 to discuss information sharing as related to Title I of the Cybersecurity Act of 2015, the Cybersecurity Information Sharing Act.
Sanctions Actions Pursuant to Executive Order 13448, Executive Order 13310, and Executive Order 13464
Document Number: 2016-12011
Type: Notice
Date: 2016-05-23
Agency: Department of the Treasury, Office of Foreign Assets Control
The Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing the name of six entities whose property and interests in property are blocked pursuant to Executive Order (E.O.) 13448 of October 18, 2007, ``Blocking Property and Prohibiting Certain Transactions Related to Burma'' (E.O. 13448) and the Burmese Sanctions Regulations, 31 CFR part 537 (BSR). OFAC is also removing ten entities whose property and interests in property have been unblocked pursuant to Executive Order 13310 of July 28, 2003, ``Blocking Property of the Government of Burma and Prohibiting Certain Transactions'' (E.O. 13310) or Executive Order 13464 of April 30, 2008, ``Blocking Property and Prohibiting Certain Transactions Related to Burma'' (E.O. 13464) and the BSR.
Agency Forms Undergoing Paperwork Reduction Act Review
Document Number: 2016-12010
Type: Notice
Date: 2016-05-23
Agency: Centers for Disease Control and Prevention, Department of Health and Human Services
Proposed Data Collection Submitted for Public Comment and Recommendations
Document Number: 2016-12009
Type: Notice
Date: 2016-05-23
Agency: Centers for Disease Control and Prevention, Department of Health and Human Services
The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. This notice invites comment on the proposed revision of the National Health and Nutrition Examination Survey (NHANES). NHANES programs produce descriptive statistics which measure the health and nutrition status of the general population.
Proposed Data Collection Submitted for Public Comment and Recommendations
Document Number: 2016-12008
Type: Notice
Date: 2016-05-23
Agency: Centers for Disease Control and Prevention, Department of Health and Human Services
The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. This notice invites comment on the proposed National Health and Nutrition Examination Survey (NHANES) Longitudinal StudyFeasibility Component. This project will provide a logistical test of proposed survey procedures along with contact, interview, and examination rates for a sample of previously examined NHANES participants. The information obtained will be used to determine the feasibility of conducting future follow-up surveys.
Multilayered Wood Flooring From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2013
Document Number: 2016-12005
Type: Notice
Date: 2016-05-23
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the Department) completed its administrative review of the countervailing duty (CVD) order on multilayered wood flooring (wood flooring) from the People's Republic of China (PRC). The period of review (POR) is January 1, 2013, through December 31, 2013. We find that the mandatory respondents, Dalian Penghong Floor Products Co., Ltd. (Penghong) and The Lizhong Wood Industry Limited Company of Shanghai (Lizhong) (also known as ``Shanghai Lizhong Wood Products Co., Ltd.''), received countervailable subsidies during the POR. The final net subsidy rates are listed below in ``Final Results of Administrative Review.'' We are also rescinding the review for five companies that timely certified that they made no shipments of subject merchandise during the POR.
Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results of the Antidumping Duty Administrative Review; 2007-2008
Document Number: 2016-12004
Type: Notice
Date: 2016-05-23
Agency: Department of Commerce, International Trade Administration
On April 7, 2016, the United States Court of International Trade (the CIT or the Court) issued final judgment in Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. and Polder Inc. v. United States, Court No. 10-00059, sustaining the Department of Commerce's (the Department) final results of the third redetermination pursuant to remand.\1\ Consistent with the decision of the United States Court of Appeals for the Federal Circuit (Federal Circuit) in Timken Co., v United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final results of the antidumping duty administrative review of floor- standing, metal top ironing tables and certain parts thereof from the People's Republic of China covering the period August 1, 2007, through July 31, 2008, and is amending the final results with respect to the weighted-average dumping margin assigned to Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. (Foshan Shunde).\2\
Submission for OMB Review; Quality Assurance Requirements
Document Number: 2016-12002
Type: Notice
Date: 2016-05-23
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
Under the provisions of the Paperwork Reduction Act, Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning quality assurance requirements.
Air Plan Approval; New Hampshire; Ozone Maintenance Plan
Document Number: 2016-11966
Type: Proposed Rule
Date: 2016-05-23
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of New Hampshire that contains an ozone maintenance plan for New Hampshire's former 1-hour ozone nonattainment areas. The Clean Air Act requires that areas that are designated attainment for the 1997 8-hour ozone standard, and also had been previously designated either nonattainment or maintenance for the 1-hour ozone standard, develop a plan showing how the state will maintain the ozone standard for the area. The intended effect of this action is to propose approval of New Hampshire's maintenance plan. This action is being taken in accordance with the Clean Air Act.
Approval and Promulgation of Implementation Plans; Arkansas; New Mexico; Oklahoma; Disapproval of Greenhouse Gas Biomass Deferral, Step 2 and Minor Source Permitting Requirements
Document Number: 2016-11965
Type: Rule
Date: 2016-05-23
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is disapproving severable portions of the February 6, 2012 Oklahoma State Implementation Plan (SIP) submittal that are inconsistent with federal laws based on recent decisions by the United States Courts and subsequent EPA rulemaking. This submittal established Minor New Source Review permitting requirements for greenhouse gas (GHG) emissions and includes Prevention of Significant Deterioration (PSD) permitting provisions for sources that are classified as major, and, thus, required to obtain a PSD permit, based solely on their potential GHG emissions. The PSD permitting provisions also require a PSD permit for modifications of otherwise major sources because they increased only GHG emissions above applicable levels. Additionally, we are disapproving severable portions of SIP submittals for the States of Arkansas, New Mexico, and Oklahoma addressing the EPA's July 20, 2011 rule deferring PSD requirements for carbon dioxide (CO2) emissions from bioenergy and other biogenic sources (``Biomass Deferral''). We are disapproving the provisions adopting the Biomass Deferral because they are no longer consistent with federal laws and regulations. The EPA is finalizing this disapproval under section 110 and part C of the Clean Air Act (Act or CAA).
Air Plan Approval; New Hampshire; Ozone Maintenance Plan
Document Number: 2016-11963
Type: Rule
Date: 2016-05-23
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of New Hampshire that contains an ozone maintenance plan for New Hampshire's former 1-hour ozone nonattainment areas. The Clean Air Act requires that areas that are designated attainment for the 1997 8-hour ozone standard, and also had been previously designated either nonattainment or maintenance for the 1-hour ozone standard, develop a plan showing how the state will maintain the ozone standard for the area. The intended effect of this action is to approve New Hampshire's maintenance plan. This action is being taken in accordance with the Clean Air Act.
Heavy Vehicle Use Tax; Technical Correction
Document Number: 2016-11961
Type: Rule
Date: 2016-05-23
Agency: Federal Highway Administration, Department of Transportation
This rule makes a technical correction to the regulations that govern the enforcement of the Heavy Vehicle Use Tax. The amendments contained herein make no substantive changes to FHWA regulations, policies, or procedures. The current regulation references a section of the United States Code that was later amended by the Moving Ahead for Progress in the 21st Century Act (MAP-21).
President's Council of Advisors on Science and Technology
Document Number: 2016-11959
Type: Notice
Date: 2016-05-23
Agency: Department of Energy
This notice sets forth the schedule and summary agenda for a conference call of the President's Council of Advisors on Science and Technology (PCAST), and describes the functions of the Council. The Federal Advisory Committee Act requires that public notice of these meetings be announced in the Federal Register.
Airworthiness Directives; Dassault Aviation Airplanes
Document Number: 2016-11929
Type: Rule
Date: 2016-05-23
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Dassault Aviation Model MYSTERE-FALCON 900 airplanes, FALCON 900EX airplanes, and FALCON 2000EX airplanes. This AD was prompted by a report that during a test flight, it was found that the yaw damper on the takeoff roll can increase the Minimum Control Speed on Ground (Vmcg). This AD requires revising the airplane flight manual (AFM) to incorporate procedures for the flightcrew to check that the yaw damper is set to ``off'' before takeoff. We are issuing this AD to ensure that the flightcrew has procedures to set the yaw damper to ``off'' before takeoff, which, if activated, could result in reduced control of the airplane if one engine were to fail during takeoff.
Uniform Procedures for State Highway Safety Grant Programs
Document Number: 2016-11819
Type: Rule
Date: 2016-05-23
Agency: National Highway Traffic Safety Administration, Department of Transportation
This action establishes revised uniform procedures implementing State highway safety grant programs, as a result of enactment of the Fixing America's Surface Transportation (FAST) Act. It also reorganizes, streamlines and updates some grant requirements. This document is being issued as an interim final rule to provide timely guidance to States about the application procedures for highway safety grants starting in year 2017. The agency requests comments on the rule. The agency will publish a notice responding to any comments received and, if appropriate, will amend provisions of the regulation.
United States Rail Service Issues-Performance Data Reporting
Document Number: 2016-11805
Type: Proposed Rule
Date: 2016-05-23
Agency: Surface Transportation Board, Department of Transportation
This document corrects the Supplemental Notice of Proposed Rulemaking (SNPR) served on April 29, 2016, and published in the Federal Register on May 5, 2016, (81 FR 27069), titled ``United States Rail Service IssuesPerformance Data Reporting.''
Prince of Wales Resource Advisory Committee
Document Number: 2016-11796
Type: Notice
Date: 2016-05-23
Agency: Department of Agriculture, Forest Service
The Prince of Wales Resource Advisory Committee (RAC) will meet in Craig, Alaska. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. RAC information can be found at the following Web site: https:// fsplaces.fs.fed.us/fsfiles/unit/wo/secure_rural_schools.nsf.
Prince of Wales Resource Advisory Committee
Document Number: 2016-11795
Type: Notice
Date: 2016-05-23
Agency: Department of Agriculture, Forest Service
The Prince of Wales Resource Advisory Committee (RAC) will meet in Craig, Alaska. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. RAC information can be found at the following Web site: https:// fsplaces.fs.fed.us/fsfiles/unit/wo/secure_rural_schools.nsf.
Prince of Wales Resource Advisory Committee
Document Number: 2016-11794
Type: Notice
Date: 2016-05-23
Agency: Department of Agriculture, Forest Service
The Prince of Wales Resource Advisory Committee (RAC) will meet in Craig, Alaska. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. RAC information can be found at the following Web site: https:// fsplaces.fs.fed.us/fsfiles/unit/wo/secure_rural_schools.nsf.
Tri-County Resource Advisory Committee
Document Number: 2016-11792
Type: Notice
Date: 2016-05-23
Agency: Department of Agriculture, Forest Service
The Tri-County Resource Advisory Committee (RAC) will meet in Deer Lodge, Montana. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. RAC information can be found at the following Web site: https://www.ft.usda.gov/ mainlbdnflworkingtogether/advisorycommittees.
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees
Document Number: 2016-11754
Type: Rule
Date: 2016-05-23
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Fair Labor Standards Act (FLSA or Act) guarantees a minimum wage for all hours worked during the workweek and overtime premium pay of not less than one and one-half times the employee's regular rate of pay for hours worked over 40 in a workweek. While these protections extend to most workers, the FLSA does provide a number of exemptions. In this Final Rule, the Department of Labor (Department) revises final regulations under the FLSA implementing the exemption from minimum wage and overtime pay for executive, administrative, professional, outside sales, and computer employees. These exemptions are frequently referred to as the ``EAP'' or ``white collar'' exemptions. To be considered exempt under part 541, employees must meet certain minimum requirements related to their primary job duties and, in most instances, must be paid on a salary basis at not less than the minimum amounts specified in the regulations. In this Final Rule the Department updates the standard salary level and total annual compensation requirements to more effectively distinguish between overtime-eligible white collar employees and those who may be exempt, thereby making the exemption easier for employers and employees to understand and ensuring that the FLSA's intended overtime protections are fully implemented. The Department sets the standard salary level for exempt EAP employees at the 40th percentile of weekly earnings of full-time salaried workers in the lowest-wage Census Region. The Department also permits employers to satisfy up to 10 percent of the standard salary requirement with nondiscretionary bonuses, incentive payments, and commissions, provided these forms of compensation are paid at least quarterly. The Department sets the total annual compensation requirement for an exempt Highly Compensated Employee (HCE) equal to the annualized weekly earnings of the 90th percentile of full-time salaried workers nationally. The Department also adds a provision to the regulations that automatically updates the standard salary level and HCE compensation requirements every three years by maintaining the earnings percentiles set in this Final Rule to prevent these thresholds from becoming outdated. Finally, the Department has not made any changes in this Final Rule to the duties tests for the EAP exemption.
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees; Announcement of Time-Limited Non-Enforcement Policy for Providers of Medicaid-Funded Services for Individuals With Intellectual or Developmental Disabilities in Residential Homes and Facilities With 15 or Fewer Beds
Document Number: 2016-11753
Type: Rule
Date: 2016-05-23
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor's (Department or DOL) Final Rule revising the regulations for implementing the exemption from minimum wage and overtime pay for executive, administrative, professional, outside sales, and computer employees, published in the Rules section of today's Federal Register, will become effective December 1, 2016. This document announces a time-limited non-enforcement policy for providers of Medicaid-funded services for individuals with intellectual or developmental disabilities in residential homes and facilities with 15 or fewer beds. From December 1, 2016 to March 17, 2019, the Department will not enforce the updated salary threshold of $913 per week for the subset of employers covered by this non-enforcement policy. Throughout the duration of this non-enforcement policy, the Department will engage in outreach and technical assistance efforts, including to providers of services in settings covered by this policy. This non-enforcement policy does not apply to providers of Medicaid- funded services for individuals with intellectual or developmental disabilities in residential care facilities with 16 or more beds.
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