Unknown. Interim rule with request for comments
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/register/2012/05/15/2012-11763·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2012-05-15.xml --- 77 94 Tuesday, May 15, 2012 Contents Agricultural Marketing Agricultural Marketing Service RULES National Organic Program: Amendments to National List of Allowed and Prohibited Substances (Livestock), 28472-28476 2012-11722 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 28571-28572 2012-11668 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28597-28600 2012-11705 2012-11709 2012-11711 Draft Publications: Coal Dust Explosibility Meter Evaluation and Recommendations for Application, 28600-28601 2012-11695 Performance Testing: Manufacturers and Designers of Closed Circuit Escape Respirators, 28601-28602 2012-11694 Coast Guard Coast Guard RULES Drawbridge Operations:
Upper Mississippi River, Hannibal, MO, 28488 2012-11538 PROPOSED RULES Special Local Regulations: Annual Bayview Mackinac Race, 28538-28541 2012-11679 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Department Defense Department See Navy Department Department of Transportation See Pipeline and Hazardous Materials Safety Administration Economic Development Economic Development Administration NOTICES Petitions for Determination of Eligibility to Apply for Trade Adjustment Assistance, 28567-28568 2012-11704 Education Department Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Loan Verification Certificate for Special Direct Consolidation Loans, 28572-28573 2012-11723 Applications for New Awards: Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship Program, 28577-28582 2012-11681 Impact Aid Discretionary Construction Grant Program, 28573-28577 2012-11749 Undergraduate International Studies and Foreign Language Program, 28582-28588 2012-11680 Proposed Priorities, American Overseas Research Centers Program, 28588-28590 2012-11682 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 28623-28625 2012-11719 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Agricultural and Food Processing Clearance Order, etc., 28625-28626 2012-11628 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program for Consumer Products: Test Procedures for Residential Furnace Fans; Public Meeting, 28674-28702 2012-10993 Reducing Regulatory Burden, 28518-28519 2012-11450 Test Procedure Guidance:
Room Air Conditioners, Residential Dishwashers, and Residential Clothes Washers; Public Meeting, 28519-28520 2012-11732 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: Delaware; Amendments to Control of Nitrogen Oxides Emissions from Industrial Boilers and Process Heaters at Petroleum Refineries, 28489-28491 2012-11656 Maryland; Permit to Construct Exemptions, 28491-28493 2012-11626 Tolerance Actions:
Propylene oxide, 28493-28495 2012-11632 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Maryland; Permit to Construct Exemptions, 28543 2012-11625 Federal Aviation Federal Aviation Administration PROPOSED RULES Special Conditions: Boeing, Model 737-800; Large Non-Structural Glass in the Passenger Compartment, 28533-28536 2012-11697 Tamarack Aerospace Group, Cirrus Model SR22; Active Technology Load Alleviation System, 28530-28533 2012-11214 NOTICES Land Release for Plattsburgh International Airport, 28667 2012-11698 Technical Standard Orders:
Emergency Locator Transmitters, 28668-28669 2012-11678 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The Declaration Process; Requests for Damage Assessment, Federal Disaster Assistance, Appeals, Cost Share Adjustment, 28615-28616 2012-11677 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 2012-11642 28590-28593 2012-11643 2012-11692 2012-11693 2012-11713 2012-11731 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:
Bethel Wind Energy LLC, 28594 2012-11640 High Plains Ranch II, LLC, 28595 2012-11644 Rippey Wind Energy LLC, 28593 2012-11641 Southern Energy Solution Group, LLC, 28594-28595 2012-11647 Vlast LLC, 28595 2012-11646 Your Energy Holding, LLC, 28593-28594 2012-11645 Meetings; Sunshine Act, 28595-28597 2012-11790 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Compan, 28597 2012-11666 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 28597 2012-11665 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants:
Threatened Status and Designation of Critical Habitat for Eriogonum codium (Umtanum Desert Buckwheat), etc., 28704-28740 2012-11100 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Early Food Safety Evaluation of New Non-Pesticidal Proteins Produced by New Plant Varieties Intended for Food Use, 28602-28604 2012-11689 Labeling of Nonprescription Human Drug Products Marketed Without an Approved Application, etc., 28604-28605 2012-11688 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Food Safety Education Campaign-Post-Wave Tracking Survey, 28566-28567 2012-11720 Foreign Assets Foreign Assets Control Office NOTICES Additional Designations, Foreign Narcotics Kingpin Designation Act, 28670-28671 2012-11660 Foreign Trade Foreign-Trade Zones Board NOTICES Applications For Subzones: Foreign-Trade Zone 45 - Portland, OR; Shimadzu USA Manufacturing, Inc.; Canby, OR, 28568 2012-11780 Grant of Authority for Subzone Status: North American Stainless (Stainless Steel);
Ghent, KY, 28568 2012-11772 Proposed Production Activities: Callisons, Inc., Foreign-Trade Zone 216, Olympia, WA, 28568-28569 2012-11752 Gulf Ship, LLC, Foreign-Trade Zone 92, Gulfport, MI, 28569 2012-11754 Reorganizations and Expansions under Alternative Site Framework: Foreign-Trade Zone 89, Las Vegas, NV, 28569 2012-11779 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Nationwide Health Information Network:
Conditions for Trusted Exchange, 28543-28560 2012-11775 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2012-11627 28605-28607 2012-11636 2012-11637 Requests for Nominations: Advisory Committee on Organ Transplantation, 28607-28608 2012-11634 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department PROPOSED RULES The Housing and Economic Recovery Act of 2008:
Changes to the Section 8 Tenant-Based Voucher and Section 8 Project-Based Voucher Programs, 28742-28755 2012-11638 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Ocean Energy Management Bureau NOTICES Tribal Consultation Sessions: Information Technology Infrastructure Consolidation and Reorganization, 28616-28617 2012-11863 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.:
Honey from Argentina, 28570 2012-11771 Court Decision Not in Harmony With Final Results and Amended Final Results Pure Magnesium from the People's Republic of China, 28570-28571 2012-11734 International Trade Com International Trade Commission NOTICES Andean Trade Preference Act: Impact on the U.S. Economy and on Andean Drug Crop Eradication, 28620-28621 2012-11685 Investigations; Modifications, Terminations, Rulings, etc.: Certain Wireless Communication Devices, Portable Music and Data Processing Devices, etc., 28621-28622 2012-11729 Investigations;
Terminations, Modifications and Rulings, etc.: Bottom Mount Combination Refrigerator-Freezers from Korea and Mexico, 28623 2012-11684 Certain Gaming and Entertainment Consoles, Related Software, and Components, 28622-28623 2012-11683 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Call for Nominations: 2012 National Petroleum Reserve—Alaska Oil and Gas Lease Sale, 28617-28618 2012-11757 Environmental Impact Statements;
Availability, etc.: San Diego Gas and Electric Ocotillo Sol Solar Project, California Desert Conservation Area Plan Amendment, Imperial County, CA, 28618-28619 2012-11667 Meetings: Sierra Front-Northwestern Great Basin Resource Advisory Council, Nevada, 28619-28620 2012-11717 Twin Falls District Resource Advisory Council, Idaho, 28619 2012-11716 Morris Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation NOTICES Meetings; Sunshine Act, 28626 2012-11455 National Institute National Institutes of Health NOTICES Government-Owned Inventions;
Availability for Licensing, 28608-28610 2012-11691 Meetings: Center for Scientific Review, 28610-28611 2012-11764 National Cancer Institute, 28612-28614 2012-11745 2012-11746 2012-11748 2012-11750 National Heart, Lung, and Blood Institute, 28612-28613 2012-11747 National Institute on Deafness and Other Communication Disorders, 28611-28612 2012-11758 2012-11762 Prospective Grants of Exclusive Licenses: Development of Chemopreventive Treatments for Head and Neck Squamous Cell Carcinoma, 28614 2012-11690 National Mediation National Mediation Board PROPOSED RULES Representation Procedures and Rulemaking Authority, 28536-28538 2012-11770 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species:
Atlantic Bluefin Tuna Fisheries; Inseason General Category Retention Limit Adjustment, 28496-28497 2012-11744 Fisheries Off West Coast States: Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures, 28497-28517 2012-11735 PROPOSED RULES Spiny Lobster Fishery of Gulf of Mexico and South Atlantic; Amendment 11, 28560-28565 2012-11673 Navy Navy Department RULES Certifications and Exemptions under International Regulations for Preventing Collisions at Sea, 1972, 28487-28488 2012-11759 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating Licenses:
Applications and Amendments Involving No Significant Hazards Considerations, 28626-28637 2012-11599 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Fukushima, 28637 2012-11714 Advisory Committee on Reactor Safeguards Subcommittee on Power Uprates, 28637-28638 2012-11761 Meetings; Sunshine Act, 28638 2012-11849 Ocean Energy Management Ocean Energy Management Bureau NOTICES Determinations of No Competitive Interest: Proposed Right-of-Way Grant Area, 28620 2012-11823 Office Special Office of the Special Counsel NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: OSC Forms and Survey Renewal for FY 2012, 28638-28639 2012-11760 Patent Patent and Trademark Office PROPOSED RULES Recommendations for Disclosure of Sequence Listings Using XML (Proposed ST.26), 28541-28543 2012-11755 Pension Benefit Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans: Interest Assumptions for Paying Benefits, 28477-28478 2012-11708 Personnel Personnel Management Office RULES Prevailing Rate Systems:
Abolishment of Montgomery, PA, as Nonappropriated Fund Federal Wage System Wage Area, 28471-28472 2012-11763 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Combined Federal Campaign Applications, 28639 2012-11726 Meetings: CFC-50 Commission, 28639-28640 2012-11724 Federal Prevailing Rate Advisory Committee; Cancellation, 28640 2012-11728 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Excess Flow Valve Census, 28669-28670 2012-11715 Postal Regulatory Postal Regulatory Commission NOTICES Product List Changes, 28640-28641 2012-11675 Postal Service Postal Service RULES Outbound International Mailings of Lithium Batteries and Other Dangerous Goods, 28488-28489 2012-11483 Securities Securities and Exchange Commission RULES Political Contributions by Certain Investment Advisers, 28476-28477 2012-11662 NOTICES Joint Industry Plan:
Addition of BOX Options Exchange LLC as a Sponsor, 28641-28642 2012-11700 Meetings; Sunshine Act, 28642 2012-11767 2012-11768 2012-11769 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 28653-28655 2012-11721 EDGA Exchange, Inc., 28649-28653 2012-11687 EDGX Exchange, Inc., 28643-28646 2012-11686 Municipal Securities Rulemaking Board, 28653 2012-11733 NASDAQ Stock Market LLC, 28647-28649 2012-11699 Small Business Small Business Administration PROPOSED RULES Small Business Size Regulations:
Small Business Innovation Research Program and Small Business Technology Transfer Program, 28520-28530 2012-11586 Special Counsel Special Counsel Office See Office of the Special Counsel State Department State Department NOTICES Meetings: Advisory Committee on International Communications and Information Policy, 28655 2012-11756 Substance Substance Abuse and Mental Health Services Administration NOTICES Fiscal Year 2012 Funding Opportunity, 28614-28615 2012-11702 Meetings: Fiscal Year 2012 Funding Opportunity, 28615 2012-11725 Transportation Department Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Order Soliciting Community Proposals, 28655-28667 2012-11718 Treasury Treasury Department See Foreign Assets Control Office RULES Privacy Act;
Implementation, 28478-28487 2012-11743 Veteran Affairs Veterans Affairs Department NOTICES Intents to Grant Exclusive Licenses, 28671 2012-11707 Separate Parts In This Issue Part II Energy Department, 28674-28702 2012-10993 Part III Interior Department, Fish and Wildlife Service, 28704-28740 2012-11100 Part IV Housing and Urban Development Department, 28742-28755 2012-11638 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 77 94 Tuesday, May 15, 2012 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 532 RIN 3206-AM62 Prevailing Rate Systems; Abolishment of Montgomery, PA, as a Nonappropriated Fund Federal Wage System Wage Area AGENCY:
U.S. Office of Personnel Management. ACTION: Interim rule with request for comments. SUMMARY: The U.S. Office of Personnel Management is issuing an interim rule to abolish the Montgomery, Pennsylvania, nonappropriated fund
(NAF)Federal Wage System
(FWS)wage area and redefine Chester, Montgomery, and Philadelphia Counties, PA, to the Burlington, NJ, NAF wage area and Luzerne County, PA, to the Morris, NJ, NAF wage area. Bucks County, PA, will no longer be defined. These changes are necessary because the closure of the Naval Air Station Joint Reserve Base (NAS JRB) Willow Grove left the Montgomery wage area without an activity having the capability to conduct a local wage survey. DATES: *Effective date:* This regulation is effective on May 15, 2012. We must receive comments on or before June 14, 2012. *Applicability date:* FWS employees remaining in the Montgomery NAF wage area will be transferred to the Burlington and Morris NAF wage area schedules on the first day of the first applicable pay period beginning on or after May 15, 2012. ADDRESSES: Send or deliver comments to Jerome D. Mikowicz, Deputy Associate Director for Pay and Leave, Employee Services, U.S. Office of Personnel Management, Room 7H31, 1900 E Street NW., Washington, DC 20415-8200; email *pay-leave-policy@opm.gov;* or FAX:
(202)606-4264. FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez,
(202)606-2838; email *pay-leave-policy@opm.gov;* or Fax:
(202)606-4264. SUPPLEMENTARY INFORMATION: The Montgomery, Pennsylvania, nonappropriated fund
(NAF)Federal Wage System
(FWS)wage area is presently composed of one survey area county, Montgomery County, and four area of application counties, Bucks, Chester, Luzerne, and Philadelphia Counties. Under section 532.219 of title 5, Code of Federal Regulations, the U.S. Office of Personnel Management
(OPM)may establish an NAF wage area when there are a minimum of 26 NAF wage employees in the survey area, the local activity has the capability to host annual local wage surveys, and the survey area has at least 1,800 private enterprise employees in establishments within survey specifications. The Department of Defense
(DOD)notified OPM that the closure of the Naval Air Station Joint Reserve Base (NAS JRB) Willow Grove left the Montgomery wage area without an activity having the capability to conduct a local wage survey. The NAF FWS employment in Montgomery County is currently 20 employees at NAS JRB Willow Grove. DOD recommended that OPM abolish the Montgomery NAF FWS wage area and redefine Chester, Montgomery, and Philadelphia Counties, PA, to the Burlington, NJ, NAF wage area and Luzerne County, PA, to the Morris, NJ, NAF wage area. Since Chester, Luzerne, Montgomery, and Philadelphia Counties will have continuing NAF employment and do not meet the regulatory criteria under 5 CFR 532.219 to be separate survey areas, they must be areas of application. In defining counties as area of application counties, OPM considers the following criteria:
(i)Proximity of largest facilities activity in each county;
(ii)Transportation facilities and commuting patterns; and
(iii)Similarities of the counties in:
(A)Overall population;
(B)Private employment in major industry categories; and
(C)Kinds and sizes of private industrial establishments. In selecting a wage area to which Chester County should be redefined, proximity favors the Harford, MD, NAF wage area. All other criteria are indeterminate. Based on the mixed nature of the regulatory analysis findings, we believe the fact that Chester County is geographically linked to Bucks, Delaware, Montgomery, and Philadelphia Counties, with all five counties encompassing the greater Philadelphia area, provides strong evidence that these counties should remain together. Therefore, OPM recommends that Chester County be redefined as an area of application to the Burlington NAF wage area. In selecting a wage area to which Montgomery and Philadelphia Counties should be redefined, proximity favors the Burlington NAF wage area. All other criteria are indeterminate. Based on the application of the regulatory criteria, OPM recommends that Montgomery and Philadelphia Counties be redefined as areas of application to the Burlington NAF wage area. In selecting a wage area to which Luzerne County should be redefined, proximity favors the Morris NAF wage area. All other criteria are indeterminate. Based on the application of the regulatory criteria, OPM recommends that Luzerne County be redefined as an area of application to the Morris NAF wage area. OPM is removing Bucks County from the wage area definition. There are no longer NAF FWS employees working in Bucks County. Under 5 U.S.C. 5343(a)(1)(B)(i), NAF wage areas “shall not extend beyond the immediate locality in which the particular prevailing rate employees are employed.” Therefore, Bucks County should not be defined as part of an NAF wage area. The Burlington NAF wage area will consist of one survey county, Burlington County, NJ, and nine area of application counties: New Castle County, DE; Atlantic, Cape May, Monmouth, Ocean, and Salem Counties, NJ; and Chester, Montgomery, and Philadelphia Counties, PA. The Morris NAF wage area will consist of one survey county, Morris County, and three area of application counties: Somerset County, NJ, and Luzerne and Monroe Counties, PA. The Federal Prevailing Rate Advisory Committee, the national labor-management committee responsible for advising OPM on matters concerning the pay of FWS employees, has reviewed and recommended these changes by consensus. Waiver of Notice of Proposed Rulemaking and Delay in Effective Date Pursuant to 5 U.S.C. 553(b)(3)(B) and (d)(3), I find that good cause exists to waive the general notice of proposed rulemaking. Also pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists for making this rule effective in less than 30 days. This notice is being waived and the regulation is being made effective in less than 30 days because the closure of NAS JRB Willow Grove left the Montgomery wage area without an activity having the capability to conduct a local wage survey and the remaining NAF FWS employees in Chester, Montgomery, and Philadelphia Counties must be transferred to a continuing wage area as soon as possible. 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. John Berry, Director. Accordingly, the U.S. Office of Personnel Management 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 B to Subpart B of Part 532—Nationwide Schedule of Nonappropriated Fund Regular Wage Surveys 2. Appendix B to subpart B is amended by removing, under the State of Pennsylvania, the entry for “Montgomery.” Appendix D to Subpart B of Part 532—Nonappropriated Fund Wage and Survey Areas 3. Appendix D to subpart B is amended for the State of Pennsylvania by removing the wage area listing for Montgomery, PA, and for the State of New Jersey by revising the wage area listings for Burlington, NJ, and Morris, NJ, to read as follows: **NEW JERSEY** **Burlington** *Survey Area* New Jersey: Burlington *Area of application. Survey area plus:* Delaware: New Castle New Jersey: Atlantic Cape May Monmouth Ocean Salem Pennsylvania: Chester Montgomery Philadelphia **Morris** *Survey Area* New Jersey: Morris *Area of application. Survey area plus:* New Jersey: Somerset Pennsylvania: Luzerne Monroe [FR Doc. 2012-11763 Filed 5-14-12; 8:45 am]
Connectionstraces to 3
2 references not yet in our index
- 5 CFR 532
- 5 CFR 532.219
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cites case law
Unknown
Interim rule with request for comments
Cite5 CFR 532
Cite5 CFR 532.219
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