Unknown. Final rule
2,344 words·~11 min read·
/register/2014/04/24/2014-09338·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-2014-04-24.xml --- 79 79 Thursday, April 24, 2014 Contents Agriculture Agriculture Department See Food and Nutrition Service Army Army Department See Engineers Corps Centers Disease Centers for Disease Control and Prevention NOTICES Requests for Information: Respiratory Protective Devices Used in Healthcare, 22818 2014-09346 Children Children and Families Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 22818-22819 2014-09316 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Home Visiting: Approaches to Father Engagement and Father's Experiences, 22819-22820 2014-09344 Coast Guard Coast Guard NOTICES Meetings: Towing Safety Advisory Committee, 22825-22826 2014-09290 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings;
Sunshine Act, 22806-22807 2014-09410 2014-09472 2014-09473 2014-09474 2014-09475 Community Development Community Development Financial Institutions Fund NOTICES Funding Availability FY 2014 Bank Enterprise Award Program, 22842-22849 2014-09312 Defense Department Defense Department See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22807-22808 2014-09310 Education Department Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Loan Discharge Applications, 22809 2014-09350 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Boise River General Investigation Feasibility Study; Ada and Canyon Counties, ID, 22808-22809 2014-09321 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations:
Colorado; Prevention of Significant Deterioration; Greenhouse Gas Tailoring Rule Revisions, 22772-22774 2014-09251 Massachusetts; Revisions to Fossil Fuel Utilization Facilities and Source Registration Regulations and Industrial Performance Standards for Boilers, 22774-22776 2014-08610 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualitative Feedback on Agency Service Delivery, 22816-22817 2014-09327 Meetings: Good Neighbor Environmental Board, 22817 2014-09326 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Amendment of Class D and Class E Airspace;
Establishment of Class E Airspace: Tri-Cities, TN, 22767-22768 2014-09152 Amendment of Class E Airspace: Greenville, ME, 22768-22769 2014-09142 Sylva, NC, 22769-22770 2014-09154 Establishment of Class E Airspace: Geneva, AL, 22770-22771 2014-09145 Nashville, TN, 22771-22772 2014-09155 PROPOSED RULES Airworthiness Directives: Beechcraft Corporation (Type Certificate Previously Held by Hawker Beechcraft Corporation; Raytheon Aircraft Company) Airplanes, 22783-22786 2014-09311 The Boeing Company Airplanes, 22777-22783 2014-09348 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings;
Sunshine Act, 22817 2014-09432 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22809-22812 2014-09341 2014-09342 Meetings: Critical Infrastructure Protection Reliability Standards; Technical Conference, 22812-22814 2014-09331 Entergy Regional State Committee; Staff Attendance, 22814-22815 2014-09330 Reliability Technical Conference, 22814 2014-09339 Requests under Blanket Authorization:
Texas Gas Transmission, LLC, 22815-22816 2014-09340 Federal Reserve Federal Reserve System NOTICES Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 22818 2014-09322 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Iowa Wetland Management District; 35 Counties in North-Central and Northwest Iowa, 22828-22829 2014-09308 Food and Nutrition Food and Nutrition Service RULES Supplemental Nutrition Assistance Program:
Trafficking Controls and Fraud Investigations, 22766-22767 2014-09334 NOTICES Requests for Information: Supplemental Nutrition Assistance Program High Performance Bonuses, 22788-22789 2014-09332 Foreign Trade Foreign-Trade Zones Board NOTICES Limited Production Activity Authorizations: Electrolux Home Care Products Inc., Foreign-Trade Zone 22, Chicago, IL, 22789 2014-09359 Production Activities; Authorizations: Foreign-Trade Zone 265—Conroe, TX; Bauer Manufacturing Inc. (Pile Drivers, Boring Machinery, and Foundation Construction Equipment), Conroe, TX, 22789 2014-09360 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Privacy Act;
Systems of Records, 22826-22828 2014-09433 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Ocean Energy Management Bureau See Reclamation Bureau International Trade Adm International Trade Administration NOTICES Addition of Product in Unrestricted Quantities under the U.S.-Korea Free Trade Agreement, 22789-22790 2014-09319 Antidumping and Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Circular Welded Carbon Steel Pipes and Tubes from Thailand, 22794-22795 2014-09361 Sugar from Mexico, 22790-22793 2014-09362 Antidumping Duty Investigations;
Results, Extensions, Amendments, etc.: Sugar from Mexico, 22795-22800 2014-09363 Preliminary Determinations of Sales at Less Than Fair Value: Chlorinated Isocyanurates from Japan, 22800-22802 2014-09365 Steel Concrete Reinforcing Bar from Mexico, 22802-22804 2014-09368 Steel Concrete Reinforcing Bar from Turkey, 22804-22806 2014-09372 International Trade Com International Trade Commission NOTICES Complaints: Certain Set-Top Boxes, Gateways, Bridges, and Adapters and Components Thereof, 22832-22833 2014-09291 Investigations;
Determinations, Modifications and Rulings, etc.: Certain Handheld Magnifiers and and Products Containing Same, 22833-22834 2014-09297 Certain Marine Sonar Imaging Devices, Products Containing the Same, and Components Thereof, 22835 2014-09313 Certain Variable Speed Wind Turbines and Components Thereof, 22834-22835 2014-09298 Meetings; Sunshine Act, 22835 2014-09399 Justice Department Justice Department NOTICES Proposed Consent Decrees Under CERCLA, 22836 2014-09287 Proposed Consent Decrees Under the Toxic Substances Control Act, 22836 2014-09299 Land Land Management Bureau NOTICES Meetings:
Medford Resource Advisory Committee, 22829-22830 2014-09355 National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 22820-22822 2014-09354 Meetings: Center for Scientific Review, 22822 2014-09353 May Advisory Council on Drug Abuse, 22823 2014-09285 National Institute of Biomedical Imaging and Bioengineering, 22822-22823 2014-09424 National Institute on Aging, 22823 2014-09352 Ocean Energy Management Ocean Energy Management Bureau NOTICES Nominations:
Outer Continental Shelf Scientific Committee, 22830 2014-09277 Personnel Personnel Management Office RULES Prevailing Rate Systems: Special Wage Schedules for Nonappropriated Funds; Automotive Mechanics, 22765-22766 2014-09338 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 22836-22837 2014-09345 Postal Service Postal Service PROPOSED RULES Collection of Delinquent Non-tax Debts by Administrative Wage Garnishment, 22786-22787 2014-09295 NOTICES Meetings;
Sunshine Act, 22837 2014-09374 Product Changes: Priority Mail Express Negotiated Service Agreement, 22837 2014-09292 Priority Mail Negotiated Service Agreement, 22837 2014-09294 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Earth Day (Proc. 9106), 22851-22854 2014-09532 Reclamation Reclamation Bureau NOTICES Quarterly Status Report of Water Service, Repayment, and Other Water-Related Contract Actions, 22830-22832 2014-09351 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;
Proposed Rule Changes: Chicago Board Options Exchange, Inc., 22838-22840 2014-09293 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22823-22825 2014-09317 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: CSX Transportation, Inc., Butler County, OH, 22840-22841 2014-09415 Transportation Department Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Community Development Financial Institutions Fund NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 22841-22842 2014-09347 Separate Parts In This Issue Part II Presidential Documents, 22851-22854 2014-09532 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. 79 79 Thursday, April 24, 2014 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 532 RIN 3206-AM63 Prevailing Rate Systems;
Special Wage Schedules for Nonappropriated Fund Automotive Mechanics AGENCY: U.S. Office of Personnel Management. ACTION: Final rule. SUMMARY: The U.S. Office of Personnel Management is issuing a final rule to establish special wage schedules for the Department of Defense's (DOD's) nonappropriated fund
(NAF)automotive mechanics. These special wage schedules will replace the current commission pay practice covering DOD's NAF automotive mechanics with a flat rate pay system. Implementation of a flat rate pay system will better align the pay practice for compensating NAF automotive mechanics with current prevailing pay practices in the private sector. DATES: *Effective date:* This regulation is effective on April 24, 2014. *Applicability date:* This change applies on the first day of the first applicable pay period beginning on or after June 23, 2014. FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, by telephone at
(202)606-2838 or by email at *pay-leave-policy@opm.gov.* SUPPLEMENTARY INFORMATION: On June 12, 2012, the U.S. Office of Personnel Management
(OPM)issued a proposed rule (77 FR 34854) to establish special wage schedules for the Department of Defense's (DOD's) approximately 80 nonappropriated fund
(NAF)automotive mechanics. These special wage schedules will replace the current commission pay practice covering DOD's NAF automotive mechanics with a flat rate pay system. The 60-day comment period ended on August 13, 2012. OPM received comments from local management at an auto repair service station. Local management at the auto repair service station objected to the replacement of the current commission pay practice with a flat rate pay system because they believe that under the flat rate pay system there would be a significant negative effect on the productivity and profitability of their auto repair business. The reason local management believes the flat rate pay system would have a negative effect on productivity and profitability is because automotive mechanics paid under the current commission pay practice are paid more for taking on additional work, while pay under the proposed flat rate pay system is the same regardless of how much work is done. OPM does not find a compelling reason to continue the commission pay practice currently in effect. Under the current commission pay practice, automotive mechanics are compensated on the basis of a percentage of sales. Management controls the shop labor rate and determines the commission percentage. The automotive mechanic's pay is directly linked to sales generated. Any fluctuation up or down in the shop labor rate impacts the automotive mechanic's earnings. Different from the commission pay practice, the proposed flat rate pay plan would not be linked to shop labor rates, but would instead take into account local prevailing rates, the mechanic's skill level, and the standard number of hours required to complete a particular job. Since the change would de-link shop labor rates from employee pay rates, it would permit NAF automotive businesses to adjust retail rates as needed without having to adjust employee pay rates. The Federal Wage System
(FWS)is designed to provide common policies and practices and ensure employees are paid at prevailing wage levels. The current commission pay plan for automotive mechanics is no longer the prevailing automotive industry pay practice. Since the implementation of a flat rate pay system will better align the pay practice for compensating NAF automotive mechanics with current prevailing pay practices in the private sector, we have not made any changes in the final regulations based on the comments received. Therefore, OPM is adopting the proposed rule as final. We note that this final rule also uses the 2012 North American Industry Classification System (NAICS) codes published by the Office of Management and Budget. The Federal Prevailing Rate Advisory Committee (FPRAC), the national labor-management committee responsible for advising OPM on matters concerning the pay of FWS employees, reviewed and recommended that we adopt these changes by majority vote. These changes would apply on the first day of the first applicable pay period beginning on or after 60 days following publication of the final regulations. The impact of the automotive mechanics flat rate pay plan on recruitment, retention, and workers' earnings will be re-evaluated by FPRAC every 3 years, beginning 3 years after issuance of these final regulations. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will affect only Federal agencies and employees. Executive Order 13563 and Executive Order 12866 This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 13563 and Executive Order 12866. 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. Katherine Archuleta, Director. Accordingly, the U.S. Office of Personnel Management amends 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. 2. Add § 532.287 to subpart B to read as follows: § 532.287 Special wage schedules for nonappropriated fund automotive mechanics.
(a)The Department of Defense
(DOD)will establish a flat rate pay system for nonappropriated fund
(NAF)automotive mechanics. This flat rate pay system will take into account local prevailing rates, the mechanic's skill level, and the standard number of hours required to complete a particular job.
(b)DOD will issue special wage schedules for NAF automotive mechanics who are covered by the flat rate pay system. These special schedules will provide rates of pay for nonsupervisory, leader, and supervisory employees. These special schedule positions will be identified by pay plan codes XW (nonsupervisory), XY (leader), and XZ (supervisory), grades 8-10, and will use the Federal Wage System occupational code 5823.
(c)DOD will issue special wage schedules for NAF automotive mechanics based on annual special flat rate surveys of similar jobs conducted in each special schedule wage area.
(1)The survey area for these special surveys will include the same counties as the regular NAF survey area.
(2)The survey jobs used will be Automotive Worker and Automotive Mechanic.
(3)The special surveys will include data on automotive mechanics that are paid under private industry flat rate pay plans as well as those paid by commission.
(4)In addition to all standard North American Industry Classification System (NAICS) codes currently used on the regular surveys, the industries surveyed will include— 2012 NAICS Codes 2012 NAICS Industry titles 441110 New car dealers. 441310 Automotive parts and accessory stores. 811111 General automotive repair. 811191 Automotive oil change and lubrication shops.
(5)The surveys will cover establishments with a total employment of eight or more.
(6)The special schedules for NAF automotive mechanics will be effective on the same dates as the regular wage schedules in the NAF FWS wage area.
(d)New employees will be hired at step 1 of the position under the flat rate pay system. Current employees will be moved to these special wage schedules on a step-by-step basis. Pay retention will apply to any employee whose rate of basic pay would otherwise be reduced as a result of placement in these new special schedules. [FR Doc. 2014-09338 Filed 4-23-14; 8:45 am]
Connectionstraces to 4
1 reference not yet in our index
- 5 CFR 532
Citation graph
cites case law
Cites 5Cited by 0 across 0 sources