Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2013-08-14.xml --- 78 157 Wednesday, August 14, 2013 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49516-49520 2013-19712 2013-19724 Scientific Information Requests: Imaging Techniques for the Surveillance, Diagnosis, and Staging of Hepatocellular Carcinoma, 49520-49523 2013-19714 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Rural Business—Cooperative Service See Rural Housing Service NOTICES Meetings:

Council for Native American Farming and Ranching, 49444 2013-19725 Air Force Air Force Department NOTICES Exchange of Air Force Real Property for Non-Air Force Real Property, 49484 2013-19756 Animal Animal and Plant Health Inspection Service NOTICES Environmental Assessments; Availability, etc.: Oral Rabies Vaccine Trial, 49444-49445 2013-19835 Wildlife Services Policy on Wildlife Damage Management in Urban Areas, 49445-49446 2013-19831 Army Army Department See Engineers Corps Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Consumer Financial Protection Bureau of Consumer Financial Protection RULES Electronic Fund Transfers;

Correction, 49365-49366 2013-19503 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49523-49524 2013-19675 Meetings: Conformity Assessment Meeting on Non-Respiratory Personal Protective Equipment, 49524 2013-19676 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Privacy Act; Computer Matching Program, 49524-49526 2013-19719 2013-19722 Civil Rights Civil Rights Commission NOTICES Meetings:

New York Advisory Committee; Correction, 49467 2013-19746 Coast Guard Coast Guard PROPOSED RULES Personal Flotation Devices Labeling and Standards, 49412-49420 2013-19677 NOTICES Meetings: Towing Safety Advisory Committee, 49543-49544 2013-19679 Requests for Nominations: Great Lakes Pilotage Advisory Committee, 49544-49545 2013-19742 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: CPSC National Awareness Survey, 49480-49482 2013-19690 Defense Department Defense Department See Air Force Department See Engineers Corps PROPOSED RULES Voluntary Education Programs, 49382-49400 2013-19747 NOTICES Arms Sales, 49482-49484 2013-19717 Drug Drug Enforcement Administration NOTICES Importer of Controlled Substances; Registrations: Alltech Associates, Inc., 49545 2013-19634 Arizona Department of Corrections, 49545-49546 2013-19637 Wildlife Laboratories Inc., 49546 2013-19621 Importers of Controlled Substances;

Applications: Siegfried USA, LLC, 49546 2013-19745 Manufacturer of Controlled Substances; Applications: IRIX Manufacturing, Inc., 49546 2013-19616 Manufacturer of Controlled Substances; Registrations: American Radiolabeled Chemicals, Inc., 49547-49548 2013-19619 Penick Corporation, 49547 2013-19614 Rhodes Technologies, 49547 2013-19608 Wildlife Laboratories, Inc., 49546-49547 2013-19612 Economic Development Economic Development Administration NOTICES Eligibility to Apply for Trade Adjustment Assistance;

Petitions, 49467-49468 2013-19735 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: IEPS International Resource Information System, 49486 2013-19622 Voluntary Flexible Agreements, 49486-49489 2013-19749 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Job Corps Application Data, 49548-49549 2013-19698 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program:

Test Procedures for Residential Clothes Dryers, 49608-49651 2013-18931 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Millennium Bulk Terminals—Longview Shipping Facility Project, 49484-49486 2013-19738 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Delaware; Infrastructure Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standards, 49409-49411 2013-19751 Pennsylvania;

Determination of Attainment of the 2006 24-Hour Fine Particulate Matter Standard for the Pittsburgh-Beaver Valley Nonattainment Area, 49403-49409 2013-19760 Utah; Revisions to Utah Administrative Code and an Associated Plan Revision, 49400-49403 2013-19597 Denial of Petitions: 2013 Biomass-Based Diesel Renewable Fuel Volume Final Rule, 49411-49412 2013-19625 NOTICES Cross-Media Electronic Reporting: Authorized Program Revision Approval; Montana, 49510-49511 2013-19750 Meetings:

Clean Air Act Advisory Committee, 49511 2013-19748 Proposed Administrative Settlements under the Clean Water Act, 49512-49514 2013-19757 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: The Boeing Company Airplanes, 49379-49382 2013-19753 NOTICES Aviation Rulemaking Advisory Committee; New Task, 49595-49596 2013-19739 Environmental Impact Policies and Procedures, 49596-49600 2013-19734 Federal Communications Federal Communications Commission RULES Inflation Adjustment of Maximum Forfeiture Penalties, 49370-49372 2013-19770 PROPOSED RULES Property Records for Rate-of-Return Carriers, 49420-49422 2013-19762 NOTICES Meetings;

Sunshine Act, 49514-49515 2013-19788 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49489-49492 2013-19659 2013-19660 2013-19663 Combined Filings, 49492-49506 2013-19577 2013-19578 2013-19579 2013-19581 2013-19582 2013-19583 2013-19584 2013-19585 2013-19586 2013-19587 2013-19588 2013-19589 2013-19590 2013-19591 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization:

E.ON Global Commodities North America, LLC, 49506 2013-19656 Genesis Solar, LLC, 49507-49508 2013-19662 OriGen Energy, LLC, 49507 2013-19654 ORNI 47, LLC, 49507 2013-19657 Solar Partners I, LLC, 49508 2013-19651 Source Power and Gas, LLC, 49506-49507 2013-19655 Tesoro Refining and Marketing Co., LLC, 49508 2013-19653 Meetings: FERC Staff Attendance at the Entergy Regional State Committee, 49509 2013-19661 Preliminary Permit Drawings: Lock Hydro Friends Fund XXX, LLC; FFP Project 121, LLC, 49509-49510 2013-19658 Requests under Blanket Authorizations:

Tennessee Gas Pipeline Co., LLC, 49510 2013-19652 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 49515 2013-19766 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 49515 2013-19700 Federal Transit Federal Transit Administration RULES Policy Guidance: New Starts and Small Starts, 49372-49373 2013-19681 NOTICES Environmental Impact Statements; Availability, etc.: Virginia Beach Transit Extension Study, VA, 49600-49603 2013-19623 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on a Petition to List the Rattlesnake-Master Borer Moth (Papaipema eryngii), 49422-49440 2013-19632 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Tobacco Health Document Submission, 49527-49528 2013-19683 Consolidation of Wound Care Products Containing Live Cells, 49528-49529 2013-19685 Guidance for Industry and Food and Drug Administration Staff; Availability: Radio Frequency Wireless Technology in Medical Devices, 49529-49530 2013-19686 Meetings: Gastroenterology Regulatory Endpoints and the Advancement of Therapeutics, 49530 2013-19684 Forest Forest Service NOTICES Meetings: Lyon-Mineral County Resource Advisory Committee, 49446 2013-19752 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service NOTICES Meetings:

Presidential Advisory Council on HIV/AIDS, 49516 2013-19644 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49530-49532 2013-19648 Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See Coast Guard Indian Health Indian Health Service See Indian Health Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Participation in the IHS Scholarship Program, 49532-49533 2013-19639 Funding Opportunities: Office of Direct Service and Contracting Tribes; National Indian Health Outreach and Education, 49533-49543 2013-19645 Industry Industry and Security Bureau NOTICES Denials of Export Privileges: Adrian Jesus Reyna, 49470-49471 2013-19707 Arturo Guillermo Nino, 49468-49469 2013-19706 Stephen Glen Guerra, 49469-49470 2013-19703 Interior Interior Department See Fish and Wildlife Service Internal Revenue Internal Revenue Service RULES Application of Section 108(i) to Partnerships and S Corporations;

Correction, 49366-49367 2013-19680 2013-19682 Health Insurance Affordability Programs: Disclosure of Return Information, 49367-49370 2013-19728 International Trade Adm International Trade Administration NOTICES Antidumping Duty Investigations; Results, Extensions, Amendments, etc.: Ferrosilicon from the Russian Federation and Venezuela, 49471-49475 2013-19736 Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Oil Country Tubular Goods from the People's Republic of China, 49475-49476 2013-19733 International Trade Com International Trade Commission NOTICES Meetings;

Sunshine Act, 49545 2013-19857 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Employment and Training Administration See Veterans Employment and Training Service Maritime Maritime Administration NOTICES Gulf Gateway Deepwater Port Decommissioning and License Termination, 49603 2013-19687 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel, 49550-49551 2013-19694 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures, 49440-49443 2013-19729 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 49477-49478 2013-19696 Pacific Fishery Management Council, 49477 2013-19697 National Saltwater Angler Registry Program, 49478-49479 2013-19737 Permits: Marine Mammals; File No. 17996, 49479 2013-19702 Updates to List of National System of Marine Protected Areas, 49479-49480 2013-19743 National Telecommunications National Telecommunications and Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: NTIA/FCC Web-based Frequency Coordination System, 49480 2013-19674 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49551 2013-19647 License Amendments: Vogtle Electric Generating Station, Units 3 and 4; Southern Nuclear Operating Co., 49551-49553 2013-19709 Post-Shutdown Decommissioning Activities Report: Three Mile Island, Unit 2, 49553-49554 2013-19710 Personnel Personnel Management Office RULES Pay under the General Schedule and Recruitment, Relocation, and Retention Incentives, 49359-49364 2013-19641 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

National Health Center Week (Proc. 9002), 49357-49358 2013-19818 Rural Business Rural Business-Cooperative Service NOTICES Funding Availability: Rural Microentrepreneur Assistance Program for Fiscal Year 2013, 49446-49450 2013-19765 Rural Housing Service Rural Housing Service PROPOSED RULES Rural Development Voucher Program, 49374-49379 2013-19769 NOTICES Funding Availability: Applications for Section 514 Farm Labor Housing Loans and Section 516 Farm Labor Housing Grants for Off-Farm Housing for Fiscal Year 2013, 49460-49467 2013-19774 Rural Community Development Initiative for Fiscal Year 2013, 49451-49460 2013-19773 Section 533 Housing Preservation Grants for Fiscal Year 2013, 49450-49451 2013-19777 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 49554-49555 2013-19670 Applications: Special Opportunities Fund, Inc., 49555-49556 2013-19693 Order Temporarily Exempting: Certain Broker-Dealers and Certain Transactions from the Recordkeeping and Reporting Requirements of Rule 13h-1 under the Securities Exchange Act of 1934, 49556-49561 2013-19650 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange LLC, 49584-49586 2013-19672 Chicago Board Options Exchange, Inc, 49563-49565 2013-19671 EDGA Exchange, Inc., 49568-49569, 49574-49577, 49588-49592 2013-19668 2013-19692 2013-19740 EDGX Exchange, Inc., 49561-49562, 49569-49572, 49579-49584 2013-19664 2013-19669 2013-19741 Miami International Securities Exchange LLC, 49586-49588 2013-19665 NASDAQ OMX PHLX LLC, 49565-49566, 49572-49574 2013-19666 2013-19673 The NASDAQ Stock Market, LLC, 49566-49568, 49578-49579 2013-19667 2013-19691 Small Business Small Business Administration NOTICES Disaster Declarations:

Missouri, 49592 2013-19678 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49592-49595 2013-19701 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Norfolk Southern Railway Co., Marengo County, AL, 49603-49604 2013-19688 Discontinuance of Service Exemptions: Norfolk Southern Railway Co., Clinton and Howard Counties, IN, 49604-49605 2013-19716 Norfolk Southern Railway Co., Ontario, Seneca, and Wayne Counties, NY, 49605 2013-19708 Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Veterans Employment Veterans Employment and Training Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Eligibility Data Form; Uniformed Services Employment and Reemployment Rights Act and Veteran's Preference, 49549-49550 2013-19695 Separate Parts In This Issue Part II Energy Department, 49608-49651 2013-18931 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. 78 157 Wednesday, August 14, 2013 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 531 and 575 RIN 3206-AM13 Pay Under the General Schedule and Recruitment, Relocation, and Retention Incentives AGENCY:

U.S. Office of Personnel Management. ACTION: Final rule. SUMMARY: The U.S. Office of Personnel Management

(OPM)is issuing final regulations to improve oversight of recruitment and retention incentive determinations; add succession planning to the list of factors that an agency must consider before approving a retention incentive, if applicable; and make additional minor clarifications and corrections. DATES: *Effective Date:* September 13, 2013. FOR FURTHER INFORMATION CONTACT: Tom Bustard by telephone at

(202)606-2858; by fax at

(202)606-0824; or by email at *pay-leave-policy@opm.gov.* SUPPLEMENTARY INFORMATION: On January 7, 2011, the U.S. Office of Personnel Management

(OPM)published proposed regulations (76 FR 1096) on General Schedule pay and recruitment, relocation, and retention incentives (3Rs). The 60-day comment period for the proposed regulations ended March 8, 2011. During the comment period, OPM received 10 comments from individuals and agencies. A summary of the comments received and OPM's responses is provided below. Recruitment Incentives OPM proposed revising the recruitment incentive regulations in 5 CFR 575.105(b) to require that an agency review each decision to authorize a recruitment incentive for a group of similar positions at least annually to determine whether the positions are still likely to be difficult to fill. One agency recommended that OPM clarify what “similar positions” means (e.g., same occupational series, interdisciplinary positions, title, or duties). We agree and are providing factors that may be used to define the targeted group in section 575.105(b) of the final regulations. OPM is also revising 5 CFR 575.109(c)(1) to clarify that an authorized agency official may request that OPM waive the 25 percent payment limitation for a group of employees (in addition to an individual employee) based on a critical agency need. Relocation Incentives OPM received comments from five agencies regarding the proposal to require an employee to maintain residency in the new geographic area for the duration of the service agreement in order to receive relocation incentive payments. We also received a comment from an individual who agreed with the current regulations at 5 CFR 575.205(b) that require the employee to establish a residence in the new geographic area before the payment of a relocation incentive. The proposed regulations did not change the requirement that an employee establish a residence in the new geographic area and it has been retained in these final regulations. One agency commented that the proposed regulations would require an employee receiving a relocation incentive to maintain a residence within 50 miles of the new worksite. The agency was concerned that the proposed regulations would require the employee's incentive payment to be terminated if an employee chose to live outside of the 50-mile radius of the worksite. The agency suggested OPM provide agencies the authority to waive the requirement to maintain a residence in the new geographic area on a case-by-case basis. We believe the suggestion is unnecessary. The regulations did not propose requiring an employee to maintain a residence within 50 miles of his or her official worksite. The current regulations in 5 CFR 575.205(b) allow the payment of a relocation incentive when an employee must relocate to accept a position at a worksite that is 50 or more miles from the worksite of the position held immediately before the move. The employee must establish a residence in the new geographic area before the agency may pay a relocation incentive to the employee. The 50-mile requirement pertains to the distance between the worksites and ensures the new position is in a different geographic area, as required by 5 U.S.C. 5753(b)(2)(B)(ii)(II). There is no regulatory requirement that the employee must establish or maintain a residence within 50 miles of the new official worksite. Under the new provision in 5 CFR 575.205(b), it is up to each agency to define the limits of the new geographic area in which the employee must maintain residency for the duration of the service agreement to continue receiving the relocation incentive. We are clarifying in 5 CFR 575.210(d) that agencies must define what constitutes the “new geographic area” in relocation incentive service agreements. The same agency asked for clarification on how agencies should handle employees who are moved outside of their geographic area as a result of a reorganization or transfer of function prior to the completion of the service period. The agency suggested the employees should continue to receive the relocation incentives if the move was management-driven and was not due to unacceptable performance or conduct. We disagree. As provided in 5 CFR 575.210(a), before paying a relocation incentive, an agency must require the employee to sign a written service agreement to complete a specified period of employment with the agency (or successor agency in the event of a transfer of function) at the new duty station. If the employee's position is transferred to a worksite outside of the duty station specified in the service agreement, the employee would not be able to fulfill the terms of the service agreement and the agency must terminate the service agreement. The termination provisions in 5 CFR 575.211(e) apply if such moves are a result of a management action under 5 CFR 575.211(a) and the employee would be able to keep any incentive payments already received. If the move is to a worksite that is 50 or more miles from the current worksite and the employee must establish a residence in the new geographic area, the agency could authorize a new relocation incentive if the position would otherwise be difficult to fill. (If an employee who is receiving a relocation incentive is in a position that is subject to a transfer of function, but is not transferring to a different worksite, the employee could continue to receive the relocation incentive, depending on the specific terms of the service agreement.) Another agency questioned what the proposed requirement about maintaining a residence in the new geographic location would accomplish. The agency claimed the objective of paying a relocation incentive is to fill a position that is likely to be difficult to fill without an incentive. The objective has been met as long as the employee continues to serve satisfactorily in the position for which the relocation incentive is being paid. The agency also noted that the current regulations allow agencies to include any other terms or conditions in the service agreement, such as a requirement to maintain a residence in the new area for the entire service agreement period. We agree that the current regulations provide agencies with the flexibility to include terms in its service agreements that require employees to maintain a residence in the new geographic area. However, the purpose of this addition is to further clarify the intent of the law (5 U.S.C. 5753(b)(2)(B)(ii)(II)) to ensure the employee *must* relocate to accept the position. For example, if an employee established a residence in a new geographic location in order to receive a relocation incentive for a position, and shortly after moved back to his or her residence held prior to the relocation and commuted to the new worksite from there, it is apparent the employee did not need to relocate to accept the position. Three agencies and an individual asked OPM to define or provide guidance on the terms “establish a residence” or “maintain a residence.” One agency recommended that OPM require employees to provide proof of residency in the new geographic area. We are not defining “establish a residence” or “maintain a residence” in these final regulations. The meaning of these terms and the documentation needed to prove residency may vary based on agency policies for using relocation incentives. For example, some agencies may allow for the payment of relocation incentives for a short-term or temporary position change to a worksite in a different geographic area. Other agencies may reserve the use of relocation incentives for permanent geographic moves. Both situations are allowed under the regulations, which provide agencies the flexibility to establish policies for residency criteria and proof to address varying program needs. An agency may not approve a relocation incentive unless it can document in writing that the employee established a residence in the new geographic area; thus, the regulations already require agencies to secure proof of residency from the employee. (See 5 CFR 575.208(a)(1)(iv).) Another agency explained that some of its employees relocate several times during the course of their careers but maintain a permanent residence where they have family. In many cases, these employees relocate for work but leave family behind, similar to military members assigned to several tours of duty at different locations, but who return home eventually. If an employee lives in a particular location for a particular length of time (as required by the service agreement) the agency considers this to meet the requirement of maintaining residency. The agency recommends that OPM revise the language in the proposed regulation to reflect that employees must relocate their permanent residence to the new geographic area for the duration of the service agreement unless OPM agrees that an employee can maintain a permanent residence and a temporary residence while receiving a relocation incentive. A revision to the regulations is not needed, as the phrase “maintain residency” does not require a change in the employee's *primary* residence. The agency is correct that, while an employee must relocate to the new geographic area, the relocation incentive regulations do not require the employee to change his or her primary residence; that is, the employee does not necessarily have to physically move his or her family, household, goods, etc., from the “old” geographic area. If the employee does not change his or her primary residence upon taking a position in a different geographic area, the employee must establish a temporary or second residence (e.g., rent an apartment) in the “new” geographic area in order to receive a relocation incentive. Because of the comments we received on establishing and maintaining a residence, we plan to provide further guidance on this issue outside of the regulations. We encourage agencies to incorporate the guidance OPM provides regarding these issues, including residency criteria and proof, in their own relocation incentive plans, as applicable. An agency suggested that if OPM made its proposed relocation incentive change final, agencies will need to revise their service agreements. OPM expects that agencies will include the change in any service agreements that are effective after the effective date of the final regulations. Retention Incentives General One individual recommended terminating all retention incentives to reduce the size of the Federal Government. We are not adopting this recommendation. OPM has delegated to agencies the authority to authorize retention incentives to help strategically address its critical workforce needs. Under 5 CFR 575.311, an agency may terminate a retention incentive at any time based solely on management needs of the agency, even if the conditions giving rise to the original determination to pay the incentive still exist. In addition, OPM and the Office of Management and Budget

(OMB)have asked agencies to limit their spending on the 3Rs in the current fiscal environment. In a June 10, 2011, memorandum, OPM and OMB asked agencies to ensure that spending on the 3Rs in calendar year 2011 and calendar year 2012, respectively, does not exceed calendar year 2010 levels. (See the memorandum at *http://www.chcoc.gov/transmittals/TransmittalDetails.aspx?TransmittalID=3997* for additional information.) OMB continued these spending limitations in an April 4, 2013, memorandum. (See *http://www.whitehouse.gov/sites/default/files/omb/memoranda/2013/m-13-11.pdf* for additional information.) Succession Planning One agency recommended that OPM include information in the text of revised section 575.306(b)(2) of the final regulations that was in the supplementary information for the proposed regulations on how succession planning applies to leadership positions. Also, the agency was concerned that OPM would be removing the current section 575.306(b)(2). The agency stated the current section spoke to workforce planning in a very general sense and would serve to cover positions not included in agency succession planning efforts. The agency believes current paragraph (b)(2) should be retained and a more specific reference to workforce planning should be included in the regulations. It is the agency's view that there is a distinction between succession planning for leadership positions and workforce planning for non-leadership positions. The current paragraph (b)(2) would not be removed; rather, it is being redesignated as paragraph (b)(3) in these final regulations. Also, we are not amending the regulations as suggested because succession planning can apply to non-leadership positions. We are clarifying that succession plans for leadership positions are one type of succession plan. The same agency was also concerned the succession planning requirement would be difficult to apply to some of its more hard-to-fill and highly-specialized positions. The agency stated that there is not a robust cadre of employees from which to choose in many situations. The agency hopes this situation would be taken into account, given the phrasing of the proposed regulations at 5 CFR 575.306(b)(2). We agree. The introductory text of section 575.306(b) remains unchanged in these regulations; it requires simply that the agency “consider . . . as applicable in the case at hand” the quality and availability of the potential sources of employees that are identified in the agency's succession plan before authorizing a retention incentive. Administration and Oversight of Recruitment, Relocation, and Retention Incentives One individual recommended OPM determine which occupations meet the criteria for the 3Rs (i.e., likely to be difficult to fill or likely to leave the Federal service) to prevent the misuse of 3Rs. The individual suggested OPM base its determination on employee qualifications, agency needs, and recruitment and retention efforts. The individual was particularly concerned about agencies paying a retention incentive to an employee who is not critical to an agency mission or is not likely to leave for a different position. We are not adopting this recommendation. Agencies have many different missions, and mission-critical occupations vary across the Government. They would likely change over time, based on changing agency needs, and it is not feasible for OPM to identify these positions by regulation. Agencies may list mission-critical occupations in their 3Rs plans. Even if an employee is in an identified mission-critical occupation, an agency must confirm the employee is eligible for a recruitment, relocation, or retention incentive under 5 CFR 575.106(b), 575.206(b), or 575.306(b) and provide the appropriate written determination before approving the incentive. If agencies discover incentives paid in violation of the law and regulations, they are responsible for correcting the personnel action to ensure compliance. (See internal monitoring requirements in 5 CFR 575.112, 575.212, and 575.312.) These final regulations add increased oversight of retention incentives by requiring that all retention incentive authorizations are reviewed at least annually to ensure they are still warranted and, if the original determination to pay an incentive no longer exists, the retention incentive is terminated. (See 5 CFR 575.311(a) and (f).) The same individual recommended that OPM direct the Government Accountability Office

(GAO)to conduct periodic audits of agencies to evaluate their compliance with the regulations. OPM has no authority to direct GAO to conduct periodic audits of agencies' use of the 3Rs; rather, that authority lies with Congress. However, OPM provides oversight by periodically conducting two types of evaluations—human capital management evaluations and delegated examining reviews—and participating in agency-led evaluations. As part of these evaluations, OPM reviews an agency's 3Rs incentive plans, including designation of the proper approval authority, documentation of individual incentive decisions, and agency 3Rs incentive data for compliance with applicable regulations. OPM may require corrective actions or revoke an agency's 3Rs authority if the agency fails to comply with applicable laws and regulations. (See 5 CFR 575.112, 575.212, and 575.312.) The same individual also commented that the documentation requirements for retention incentives need to be tightened up. The individual claimed there is no requirement for an individual to present a valid private-sector job offer. For example, an employee only needs to convince his or her boss that one has been proffered and there is no requirement for maintaining this documentation that is consistent throughout the Federal Government. We have purposefully left it up to each agency to determine its own requirements for documenting that an employee is likely to leave Federal employment. Employees may leave the Federal service for reasons other than private-sector employment, such as retirement or personal reasons. Agencies may, in their agency retention incentive plans, require documentation of private-sector job offers or other relevant documentation. The same individual also commented that OPM should have processes in place regarding recovery of 3Rs payments made to individuals who fail to provide required documentation. We did not amend the regulations in response to this comment. The regulations already require that documentation must be verified prior to the payment of a recruitment, relocation, or retention incentive (see 5 CFR 575.108, 575.208, and 575.308). OPM also requires the repayment of all recruitment incentives that were earned as a result of material false or inaccurate statements, deception, or fraud (see 5 CFR 575.111(j)). Also, under 5 CFR 575.111(b), 575.211(b), and 575.311(b), an authorized agency official must terminate a recruitment, relocation, or retention incentive service agreement if an employee is demoted or separated for cause, if the employee receives a rating of record of less than “fully successful” or equivalent, or if the employee otherwise fails to fulfill the terms of the service agreement. Additionally, an authorized agency official may terminate a recruitment, relocation, or retention incentive based solely on management needs of the agency (5 CFR 575.111(a), 5 CFR 575.211(a), 5 CFR 575.311(a)(2)). Reports An agency and an individual commented on the reporting requirements for recruitment, relocation, and retention incentives. The individual recommended that OPM establish procedures for agencies to report the status of 3Rs quarterly or annually and publish the results for public viewing. The individual stated this would increase transparency and would help the agencies police themselves. The agency requested that OPM provide additional information regarding the payroll and nature of action code data elements used to verify the Governmentwide 3Rs data. The agency said that knowledge of these data elements would enable agencies to report accurate data to their payroll providers and the Enterprise Human Resources Integration

(EHRI)system. We did not revise the regulations in response to these comments. However, we are removing duplicative reporting requirements. OPM was required by law to submit an annual report to Congress on agencies' use of 3Rs in calendar years 2005-2009, available online at *http://www.opm.gov/policy-data-oversight/pay-leave/recruitment-relocation-retention-incentives/#url=Memos-Reports* . The proposed regulations removed this reporting requirement, but provided that OPM may require that each agency submit a report to OPM on its use of incentives in the previous calendar year to support continued monitoring of agency incentive use. We are not including this proposed discretionary reporting requirement in the final regulations consistent with Executive Order 13583 of August 18, 2011, entitled “Establishing a Coordinated Government-Wide Initiative to Promote Diversity and Inclusion in the Federal Workforce”. This Executive order included a requirement that OPM review directives to agencies related to agency human capital and other workforce plans and reports and develop a strategy for consolidating them. After further review, we have determined that a new 3Rs reporting requirement is unnecessary to support continued monitoring of incentive use. Agencies are already required to monitor incentive use under §§ 575.112, 575.212, and 575.312; make 3Rs records available for review upon OPM's request under §§ 575.113, 575.213, and 575.313; and report 3Rs information to OPM central data systems following the standards issued under 5 CFR 9.2. They also may post public information on incentive use at their discretion. Agencies can find instructions for processing 3Rs in chapter 29 of the Guide to Processing Personnel Actions and information on 3Rs payroll data elements in part B of the Guide to Data Standards. These Guides are available on OPM's Web site. An individual commented that the focus of the regulations should be expanded to include other types of retention tools—for example, merit awards, having a comfortable and healthy working environment, and flexibility to work across bureau lines. OPM agrees that there are alternatives to paying employees retention incentives, as described in 5 CFR 575.306(b)(4). However, these regulations are narrow in focus because they implement the retention incentive law in 5 U.S.C. 5754. Employee Eligibility The proposed regulations clarified employee eligibility for recruitment incentives and having pay set using the General Schedule superior qualifications and special needs pay-setting authority. An agency asked OPM to clarify employee eligibility for use of the superior qualifications and special needs pay-setting authority in the proposed 5 CFR 531.212(a). The agency asked for confirmation that an employee converting from a temporary Schedule C appointment to a regular Schedule C appointment would be precluded from the use of the superior qualifications and special needs pay-setting authority unless there was a 90-day break in service, but a 90-day break in service would not be required when converting from a 30-day special needs appointment under 5 CFR 213.3102(i)(2) (a Schedule A appointment) to a Schedule C appointment. This is correct. However, the agency's recommendation to revise 5 CFR 531.212(a)(5)(iii) to read “a position excepted from the competitive service . . . other than a temporary Schedule C position established under 5 CFR 213.3302” is not correct. A 90-day break in service is required when the previous employment was a Schedule C appointment, regardless of whether the appointment was temporary. We did not revise the regulations in response to these comments. Executive Order 13563 and Executive Order 12866 The Office of Management and Budget has reviewed this rule in accordance with E.O. 13563 and E.O. 12866. 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 apply only to Federal agencies and employees. List of Subjects in 5 CFR Parts 531 and 575 Government employees, Law enforcement officers, Wages. U.S. Office of Personnel Management Elaine Kaplan, Acting Director. Accordingly, OPM is amending 5 CFR parts 531 and 575 as follows: PART 531—PAY UNDER THE GENERAL SCHEDULE 1. The authority citation for part 531 continues to read as follows: Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Public Law 103-89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., p. 316; Subpart B also issued under 5 U.S.C. 5303(g), 5305, 5333, 5334(a) and (b), and 7701(b)(2); Subpart D also issued under 5 U.S.C. 5335 and 7701(b)(2); Subpart E also issued under 5 U.S.C. 5336; Subpart F also issued under 5 U.S.C. 5304 and 5305; E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682; and E.O. 13106, 63 FR 68151, 3 CFR, 1998 Comp., p. 224. Subpart B—Determining Rate of Basic Pay 2. In § 531.212— a. Amend paragraph (a)(1)(ii) to remove the word “and” and add in its place “or”; b. Revise paragraph (a)(3); and c. Add a new paragraph (a)(5). The revision and addition read as follows: § 531.212 Superior qualifications and special needs pay-setting authority.

(a)* * *

(3)Except as provided in paragraph (a)(5) of this section, an agency may use the superior qualifications and special needs pay-setting authority for a reappointment without requiring a 90-day break in service if the candidate's civilian employment with the Federal Government during the 90-day period immediately preceding the appointment was limited to one or more of the following:

(i)A time-limited appointment in the competitive or excepted service;

(ii)A non-permanent appointment in the competitive or excepted service;

(iii)Employment with the government of the District of Columbia

(DC)when the candidate was first appointed by the DC government on or after October 1, 1987;

(iv)An appointment as an expert or consultant under 5 U.S.C. 3109 and 5 CFR part 304;

(v)Employment under a provisional appointment designated under 5 CFR 316.403;

(vi)Employment under an Internship Program appointment under § 213.3402(a) of this chapter ; or

(vii)Employment as a Senior Executive Service limited term appointee or limited emergency appointee (as defined in 5 U.S.C. 3132(a)(5) and (a)(6), respectively).

(5)An agency may not apply an exception in paragraph (a)(3) of this section if the candidate's civilian employment with the Federal Government during the 90-day period immediately preceding the appointment was in one or more of the following types of positions:

(i)A position to which an individual is appointed by the President, by and with the advice and consent of the Senate;

(ii)A position in the Senior Executive Service as a noncareer appointee (as defined in 5 U.S.C. 3132(a)(7));

(iii)A position excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character;

(iv)A position to which an individual is appointed by the President without the advice and consent of the Senate;

(v)A position designated as the head of an agency, including an agency headed by a collegial body composed of two or more individual members;

(vi)A position in which the employee is expected to receive an appointment as the head of an agency; or

(vii)A position to which an individual is appointed as a Senior Executive Service limited term appointee or limited emergency appointee (as defined in 5 U.S.C. 3132(a)(5) and (a)(6), respectively) when the appointment must be cleared through the White House Office of Presidential Personnel. PART 575—RECRUITMENT, RELOCATION, AND RETENTION INCENTIVES; SUPERVISORY DIFFERENTIALS; AND EXTENDED ASSIGNMENT INCENTIVES 3. Revise the authority citation for part 575 to read as follows: Authority: 5 U.S.C. 1104(a)(2) and 5307; subparts A and B also issued under 5 U.S.C. 5753; subpart C also issued under 5 U.S.C. 5754; subpart D also issued under 5 U.S.C. 5755; subpart E also issued under 5 U.S.C. 5757 and sec. 207 of Public Law 107-273, 116 Stat. 1780. Subpart A—Recruitment Incentives 4. In § 575.102, revise paragraph

(3)in the definition of *newly appointed* to read as follows: § 575.102 Definitions. *Newly appointed* refers to—* * *

(3)An appointment of an individual in the Federal Government when his or her service in the Federal Government during the 90-day period immediately preceding the appointment was not in a position excluded by § 575.104 and was limited to one or more of the following:

(i)A time-limited appointment in the competitive or excepted service;

(ii)A non-permanent appointment in the competitive or excepted service;

(iii)Employment with the government of the District of Columbia

(DC)when the candidate was first appointed by the DC government on or after October 1, 1987;

(iv)An appointment as an expert or consultant under 5 U.S.C. 3109 and 5 CFR part 304;

(v)Employment under a provisional appointment designated under 5 CFR 316.403;

(vi)Employment under an Internship Program appointment under § 213.3402(a) of this chapter; or

(vii)Employment as a Senior Executive Service limited term appointee or limited emergency appointee (as defined in 5 U.S.C. 3132(a)(5) and (a)(6), respectively). 5. In § 575.104— a. Revise paragraph (d)(1); b. Remove “or” at the end of paragraph (d)(2); c. Remove the period at the end of paragraph (d)(3) and add a semicolon and “or” in its place; and d. Add a new paragraph (d)(4). The revision and addition read as follows: § 575.104 Ineligible categories of employees.

(d)* * *

(1)To which an individual is appointed by the President without the advice and consent of the Senate, except a Senior Executive Service position in which the individual serves as a career appointee (as defined in 5 U.S.C. 3132(a)(4));

(4)To which an individual is appointed as a Senior Executive Service limited term appointee or limited emergency appointee (as defined in 5 U.S.C. 3132(a)(5) and (a)(6), respectively) when the appointment must be cleared through the White House Office of Presidential Personnel. 6. In § 575.105, revise paragraph

(b)to read as follows: § 575.105 Applicability to employees. (b)(1) An agency may target groups of similar positions (excluding positions covered by § 575.103(a)(2), (a)(3), or (a)(5) or those in similar categories approved by OPM under § 575.103(a)(7)) that have been difficult to fill in the past or that may be difficult to fill in the future and make the required determination to offer a recruitment incentive to newly-appointed employees on a group basis.

(2)An agency must define a targeted category of positions using factors that relate to the conditions described in § 575.106(b). Factors that may be appropriate include the following: occupational series, grade level, distinctive job duties, unique competencies required for the positions, and geographic location.

(3)An agency must review each decision to target a group of similar positions for the purpose of granting a recruitment incentive at least annually to determine whether the positions are still likely to be difficult to fill. An authorized agency official must certify this determination in writing. If an agency determines the positions are no longer likely to be difficult to fill, the agency may not offer a recruitment incentive to newly-appointed employees in that group on a group basis. 7. In § 575.109, revise paragraph (c)(1) to read as follows: § 575.109 Payment of recruitment incentives. (c)(1) An authorized agency official may request that OPM waive the limitation in paragraph (b)(1) of this section for an employee or group of employees based on a critical agency need. The authorized agency official must determine that the competencies required for the position(s) are critical to the successful accomplishment of an important agency mission, project, or initiative (e.g., programs or projects related to a national emergency or implementing a new law or critical management initiative). Under such a waiver, the total amount of recruitment incentive payments paid to an employee in a service period may not exceed 50 percent of the employee's annual rate of basic pay at the beginning of the service period multiplied by the number of years (including fractions of a year) in the service period. However, in no event may a waiver provide total recruitment incentive payments exceeding 100 percent of the employee's annual rate of basic pay at the beginning of the service period. § 575.113 [Amended] 8. In § 575.113, remove paragraph

(b)and remove the paragraph

(a)designation. § 575.114 [Removed] 9. Remove § 575.114. Subpart B—Relocation Incentives 10. In § 575.204— a. Revise paragraph (d)(1); b. Remove “or” at the end of paragraph (d)(2); c. Remove the period at the end of paragraph (d)(3) and add a semicolon and “or” in its place; and d. Add a new paragraph (d)(4). The revision and addition read as follows: § 575.204 Ineligible categories of employees.

(d)* * *

(b)to read as follows: § 575.205 Applicability to employees.

(b)* * * A relocation incentive may be paid only if the employee maintains residency in the new geographic area for the duration of the service agreement. 12. In § 575.210, revise paragraph

(d)to read as follows: § 575.210 Service agreement requirements.

(d)The service agreement must include the conditions under which the agency must terminate the service agreement ( *i.e.,* if an employee is demoted or separated for cause, receives a rating of record of less than “Fully Successful” or equivalent, fails to maintain residency in the new geographic area for the duration of the service agreement, or otherwise fails to fulfill the terms of the service agreement) and the conditions under which the employee must repay a relocation incentive under § 575.211. An agency must define the limits of the new geographic area in the service agreement for the purpose of determining whether an employee maintains residency in that geographic area for the duration of the service agreement. 13. In § 575.211, revise paragraph

(b)to read as follows: § 575.211 Termination of a service agreement.

(b)An authorized agency official must terminate a relocation incentive service agreement if an employee is demoted or separated for cause ( *i.e.,* for unacceptable performance or conduct), if the employee receives a rating of record (or an official performance appraisal or evaluation under a system not covered by 5 U.S.C. chapter 43 or 5 CFR part 430) of less than “Fully Successful” or equivalent, if the employee fails to maintain residency in the new geographic area for the duration of the service agreement, or if the employee otherwise fails to fulfill the terms of the service agreement. § 575.213 [Amended] 14. In § 575.213, remove paragraph

(b)and remove the paragraph

(a)designation. § 575.214 [Removed] 15. Remove § 575.214. Subpart C—Retention Incentives 16. In § 575.304— a. Revise paragraph (d)(1); b. Remove “or” at the end of paragraph (d)(2); c. Remove the period at the end of paragraph (d)(3) and add a semicolon and “or” in its place; and d. Add a new paragraph (d)(4). The revision and addition read as follows: § 575.304 Ineligible categories of employees.

(d)* * *

(c)to read as follows: § 575.305 Applicability to employees.

(c)An agency may not include in a group retention incentive authorization an employee covered by § 575.303(a)(2), (a)(3), or (a)(5) or those in similar categories of positions approved by OPM to receive retention incentives under § 575.303(a)(7). 18. In § 575.306, redesignate paragraphs (b)(2) through (b)(8) as paragraphs (b)(3) through (b)(9), respectively, and add a new paragraph (b)(2) to read as follows: § 575.306 Authorizing a retention incentive.

(b)* * *

(2)The quality and availability of the potential sources of employees that are identified in any agency succession plan (e.g., succession plans required for leadership positions), who possess the competencies required for the position, and who, with minimal training, cost, and disruption of service to the public, could perform the full range of duties and responsibilities of the employee's position at the level performed by the employee; 19. In § 575.311, redesignate paragraphs (a)(1) and (a)(2) as paragraphs (a)(2) and (a)(3), respectively, and add a new paragraph (a)(1) to read as follows: § 575.311 Continuation, reduction, and termination of retention incentives. (a)(1) For each retention incentive that is subject to a service agreement, an authorized agency official must review the determination to pay a retention incentive at least annually to determine whether the original determination still applies or whether payment is still warranted as provided in paragraph (a)(2) of this section, and must certify this determination in writing. § 575.313 [Amended] 20. In § 575.313, remove paragraph

(b)and remove the paragraph

(a)designation. § 575.314 [Removed] 21. Remove § 575.314. § 575.315 [Redesignated as § 575.314] 22. Redesignate § 575.315 as § 575.314. 23. In the newly designated § 575.314: a. Remove paragraph (i)(2). b. Redesignate paragraph (i)(1) introductory text and paragraphs (i)(1)(i) through (i)(1)(v) as paragraph

(i)introductory text and paragraphs (i)(1) through (i)(5) respectively; and c. Revise the redesignated paragraph

(i)introductory text. The revision reads as follows: § 575.314 Retention incentives for employees likely to leave for a different position in the Federal service.

(i)*Records and reports.* In addition to the recordkeeping requirements in § 575.313, each agency must submit a written report to OPM by March 31 of each year on the use of retention incentives under this section. Each report must include— [FR Doc. 2013-19641 Filed 8-13-13; 8:45 am]

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