Notices. Final rule
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/register/2016/11/30/2016-28769·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-2016-11-30.xml --- 81 230 Wednesday, November 30, 2016 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Research, Promotion, and Consumer Information Programs, 86319-86320 2016-28816 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Consumer Financial Protection Bureau of Consumer Financial Protection RULES Appraisals for Higher-Priced Mortgage Loans Exemption Threshold, 86250-86256 2016-28699 Consumer Leasing, 86256-86260 2016-28710 Truth in Lending, 86260-86268 2016-28718 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 86330-86334 2016-28797 2016-28798 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicaid and Children's Health Insurance Programs: Fair Hearing and Appeal Processes for Medicaid and Other Provisions Related to Eligibility and Enrollment for Medicaid and Children's Health Insurance Program, 86382-86466 2016-27844 PROPOSED RULES Medicaid and Children's Health Insurance Programs: Eligibility Notices, Fair Hearing and Appeal Processes for Medicaid and Other Provisions Related to Eligibility and Enrollment for Medicaid and Children's Health Insurance Program, 86467-86488 2016-27848 Children Children and Families Administration NOTICES Allotment Percentages to States for Child Welfare Services State Grants, 86334 2016-28770 Commerce Commerce Department See Industry and Security Bureau See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency RULES Appraisals for Higher-Priced Mortgage Loans Exemption Threshold, 86250-86256 2016-28699 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Greenhouse Gas Reporting:
Leak Detection Methodology Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems, 86490-86519 2016-27981 PROPOSED RULES Pesticide Petitions: Residues of Pesticide Chemicals in or on Various Commodities, 86312-86314 2016-28738 Executive Office Executive Office for Immigration Review PROPOSED RULES Procedures Further Implementing the Annual Limitation on Suspension of Deportation and Cancellation of Removal, 86291-86296 2016-28590 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Criteria:
Glider Design Criteria for Stemme AG Model Stemme S12 Powered Glider, 86296-86297 2016-28575 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Electric Storage Participation in Markets Operated by Regional Transmission Organizations and Independent System Operators, 86522-86550 2016-28194 NOTICES Combined Filings, 86325, 86327-86330 2016-28762 2016-28763 2016-28808 2016-28809 2016-28810 2016-28815 Complaints: Kansas Electric Power Cooperative, Inc. v. Southwest Power Pool, Inc., 86325-86326 2016-28765 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:
CED Ducor Solar 1, LLC, 86326 2016-28766 CED Ducor Solar 2, LLC, 86329 2016-28767 CED Ducor Solar 3, LLC, 86328 2016-28768 Requests under Blanket Authorizations: Gulf South Pipeline Company, LP, 86326-86327 2016-28764 Federal Highway Federal Highway Administration NOTICES Third Renewed Memorandum of Understanding Assigning Certain Federal Environmental Responsibilities to the State of California; Proposed Amendment, 86376-86378 2016-28800 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings:
Sunshine Act, 86330 2016-28864 Federal Reserve Federal Reserve System RULES Appraisals for Higher-Priced Mortgage Loans Exemption Threshold, 86250-86256 2016-28699 Consumer Leasing, 86256-86260 2016-28710 Truth in Lending, 86260-86268 2016-28718 Fiscal Fiscal Service PROPOSED RULES Federal Government Participation in the Automated Clearing House, 86302-86312 2016-28671 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Findings on Three Petitions, 86315-86318 2016-28513 Food and Drug Food and Drug Administration RULES Food Additives:
Permitted in Feed and Drinking Water of Animals; Guanidinoacetic Acid, 86268-86270 2016-28754 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings: Sunshine Act, 86340-86341 2016-28898 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Craig and Thorne Bay Ranger Districts, Tongass National Forest, AK; Prince of Wales Landscape Level Analysis Project, 86320-86321 2016-28760 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration Homeland Homeland Security Department See U.S.
Customs and Border Protection Industry Industry and Security Bureau NOTICES Impact of the Implementation of the Chemical Weapons Convention on Legitimate Commercial Chemical, Biotechnology, and Pharmaceutical Activities Involving Schedule 1 Chemicals through Calendar Year 2016, 86322-86323 2016-28799 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau NOTICES Deepwater Horizon Oil Spill; Draft Louisiana Trustee Implementation Group Restoration Plan #1:
Restoration of Wetlands, Coastal, and Nearshore Habitats; Habitat Projects on Federally Managed Lands; and Birds, 86337-86338 2016-28675 Judicial Conference Judicial Conference of the United States NOTICES Meetings: Committee on Rules of Practice and Procedure, 86340 2016-28761 Justice Department Justice Department See Executive Office for Immigration Review See Foreign Claims Settlement Commission Labor Department Labor Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Leave Supplement to the American Time Use Survey, 86341 2016-28820 Work Opportunity Tax Credit, 86341-86342 2016-28803 Land Land Management Bureau NOTICES Records of Decision: Oil and Gas Leasing on Lands Administered by the White River National Forest, CO, 86338 2016-28806 Previously Issued Oil and Gas Leases in the White River National Forest, CO, 86338-86340 2016-28807 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:
Several Groundfish Species in the Bering Sea and Aleutian Islands Management Area, 86288-86289 2016-28814 National Science National Science Foundation NOTICES Permit Applications: Antarctic Conservation Act, 86342-86343 2016-28753 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Licensee Event Report, 86343-86344 2016-28812 Meetings: Sunshine Act, 86344 2016-28840 Occupational Safety Health Rev Occupational Safety and Health Review Commission PROPOSED RULES Regulations Implementing the Freedom of Information Act, 86297-86302 2016-28305 Patent Patent and Trademark Office NOTICES Meetings:
Examination Time Goals, 86323-86324 2016-28689 Personnel Personnel Management Office RULES Prevailing Rate System: Redefinition of the New York, NY, and Philadelphia, PA, Appropriated Fund Federal Wage System Wage Areas, 86249-86250 2016-28769 PROPOSED RULES Employment in the Excepted Service, 86290-86291 2016-28783 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Occupational Questionnaire, 86345 2016-28785 Meetings: Hispanic Council on Federal Employment, 86344-86345 2016-28786 Postal Service Postal Service RULES Production or Disclosure of Material or Information, 86270-86287 2016-28430 NOTICES Product Changes:
Priority Mail and First-Class Package Service Negotiated Service Agreement, 86345-86346 2016-28792 2016-28793 2016-28794 Priority Mail Express, Priority Mail, & First-Class Package Service Negotiated Service Agreement, 86345-86346 2016-28791 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Thanksgiving Day (Proc. 9546), 86551-86554 2016-28941 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes:
Bats BYX Exchange, Inc., 86346-86348 2016-28776 Bats BZX Exchange, Inc., 86358-86360 2016-28775 National Securities Clearing Corp., 86348-86355 2016-28771 New York Stock Exchange LLC, 86369-86374 2016-28773 2016-28780 NYSE Arca, Inc., 86355-86358, 86360-86365, 86368-86369 2016-28774 2016-28777 2016-28778 2016-28781 NYSE MKT LLC, 86365-86368 2016-28779 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 86374-86376 2016-28822 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration NOTICES Requests for Information:
Positioning, Navigation, and Timing Service for National Critical Infrastructure Resiliency, 86378-86380 2016-28805 Treasury Treasury Department See Comptroller of the Currency See Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 86380 2016-28813 Customs U.S. Customs and Border Protection NOTICES Country of Origin Determinations: Computer Notebook Hard Disk Drives, 86334-86337 2016-28790 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 86382-86488 2016-27848 2016-27844 Part III Environmental Protection Agency, 86490-86519 2016-27981 Part IV Energy Department, Federal Energy Regulatory Commission, 86522-86550 2016-28194 Part V Presidential Documents, 86551-86554 2016-28941 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 81 230 Wednesday, November 30, 2016 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 532 RIN 3206-AN29 Prevailing Rate Systems; Redefinition of the New York, NY, and Philadelphia, PA, Appropriated Fund Federal Wage System Wage Areas AGENCY:
U.S. Office of Personnel Management. ACTION: Final rule. SUMMARY: The U.S. Office of Personnel Management
(OPM)is issuing a final rule to redefine the geographic boundaries of the New York, NY, and Philadelphia, PA, appropriated fund Federal Wage System
(FWS)wage areas. The final rule will address an anomalous situation affecting Joint Base McGuire-Dix-Lakehurst. Portions of the Joint Base are currently defined to the Philadelphia wage area and to the New York wage area. OPM has developed a new criterion for defining wage areas to address this unique situation so that the entire Joint Base is covered by a single wage schedule. DATES: *Effective date:* This regulation is effective on November 30, 2016. *Applicability date:* This change applies on the first day of the first applicable pay period beginning on or after December 30, 2016. FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, by telephone at
(202)606-2838 or by email at *pay-leave-policy@opm.gov.* SUPPLEMENTARY INFORMATION: On July 20, 2016, OPM issued a proposed rule (81 FR 47049) to redefine the Joint Base McGuire-Dix-Lakehurst portions of Burlington County, NJ, and Ocean County, NJ, that are currently defined to the Philadelphia, PA, wage area to the New York, NY, wage area so that the entire Joint Base is covered by a single FWS wage schedule. This change is based on a majority recommendation of the Federal Prevailing Rate Advisory Committee (FPRAC), the national labor-management committee responsible for advising OPM on the administration of the FWS. The 30-day comment period ended on August 19, 2016. OPM received comments from several hundred Federal employees, several Members of Congress, and one agency. Public comments supported defining the Joint Base McGuire-Dix-Lakehurst portions of Burlington County and Ocean County currently defined to the Philadelphia wage area to the New York wage area. Employees stationed at Tobyhanna Army Depot in northeastern Pennsylvania asked that OPM also consider redefining Monroe County, PA, from the Scranton-Wilkes-Barre, PA, wage area to the New York wage area. FPRAC made a separate recommendation by majority vote in January 2016 that OPM redefine Monroe County to the New York wage area. FPRAC's recommendation, and the public comments regarding Tobyhanna Army Depot, is beyond the scope of this rule. The intent of this rule is to address an anomalous situation created when a contiguous Joint Base overlaps two metropolitan areas and two FWS wage areas. The proposed rule's new criterion for defining FWS wage area boundaries has limited applicability and was not intended to address any other situation. An agency suggested that instead of defining a single contiguous Joint Base that overlaps two wage areas to the wage area with the most favorable payline, OPM should in the future consider basing the wage area definition for a Joint Base on the part of the Joint Base with the largest FWS employment count. The agency expressed concerns that Joint Bases were established in part to save costs and the proposed new criterion would result in higher wage costs. Although OPM considered this option when developing the proposed rule, it was not adopted because the new proposed criterion follows a protocol already established in similar FWS special wage schedule regulations as an equitable method for compensating employees stationed at a small contiguous installation. In addition, several commenters questioned the effective date of the proposed change recommending retroactive applicability. OPM defines wage areas through regulations in 5 CFR part 532. Changes in OPM's regulations are prospective, not retroactive, following an appropriate period for public comment. This change will apply on the first day of the first applicable pay period beginning on or after 30 days following publication of the final regulations. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will affect only Federal agencies and employees. Executive Order 13563 and Executive Order 12866 This final 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. Beth F. Cobert, Acting Director. Accordingly, OPM 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. Subpart B—Prevailing Rate Determinations 2. Section 532.211 is amended by adding a new paragraph
(f)to read as follows: § 532.211 Criteria for establishing appropriated fund wage areas.
(f)A single contiguous military installation defined as a Joint Base that would otherwise overlap two separate wage areas shall be included in only a single wage area. The wage area of such a Joint Base shall be defined to be the wage area with the most favorable payline based on an analysis of the simple average of the 15 nonsupervisory second step rates on each one of the regular wage schedules applicable in the otherwise overlapped wage areas. 3. Appendix C to subpart B is amended by revising the wage area listing for the New York, NY, and Philadelphia, PA, wage areas to read as follows: Appendix C to Subpart B of Part 532—Appropriated Fund Wage and Survey Areas * * * * * **NEW YORK** * * * * * **New York** *Survey Area* New Jersey: Bergen Essex Hudson Middlesex Morris Passaic Somerset Union New York: Bronx Kings Nassau New York Orange Queens Suffolk Westchester *Area of Application. Survey area plus:* New Jersey: Burlington (Joint Base McGuire-Dix-Lakehurst portion only) Hunterdon Monmouth Ocean Sussex New York: Dutchess Putnam Richmond Rockland Pennsylvania: Pike * * * * * **PENNSYLVANIA** * * * * * **Philadelphia** *Survey Area* New Jersey: Burlington (Excluding the Joint Base McGuire-Dix-Lakehurst portion) Camden Gloucester Pennsylvania: Bucks Chester Delaware Montgomery Philadelphia *Area of Application. Survey area plus:* New Jersey: Atlantic Cape May Cumberland Mercer Warren Pennsylvania: Carbon Lehigh Northampton * * * * * [FR Doc. 2016-28769 Filed 11-29-16; 8:45 am]
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