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Code · REGISTER · 2020-10-15 · PROPOSED RULES · Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65404-65409 2020-22795 2020-22837 Agricultural Marketi · Unknown

Unknown. Final rule

4,742 words·~22 min read·/register/2020/10/15/2020-22320

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-2020-10-15.xml --- 85 200 Thursday, October 15, 2020 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65404-65409 2020-22795 2020-22837 Agricultural Marketing Agricultural Marketing Service RULES Revisions to the Federal Seed Act Regulations; Correction, 65190 2020-20397 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service RULES Delegations of Authority, 65500-65524 2020-20092 Antitrust Division Antitrust Division NOTICES Changes Under the National Cooperative Research and Production Act:
CHEDE-8, 65426 2020-22853 Cooperative Research Group on ROS-Industrial Consortium Americas, 65423-65424 2020-22863 Digital Manufacturing Design Innovation Institute, 65425-65426 2020-22862 Electrified Vehicle and Energy Storage Evaluation, 65423 2020-22856 IMS Global Learning Consortium, Inc., 65426 2020-22849 National Fire Protection Association, 65426 2020-22855 Naval Energetic Systems and Technologies Enterprise Consortium, 65424-65425 2020-22861 ODVA, Inc., 65424 2020-22854 Open RF Association, Inc., 65424 2020-22864 R Consortium, Inc., 65425 2020-22860 UHD Alliance, Inc., 65425 2020-22848 Civil Rights Civil Rights Commission NOTICES Meetings:
Maryland Advisory Committee, 65339-65340 2020-22745 Coast Guard Coast Guard NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65417-65418 2020-22727 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Office of the Under-Secretary for Economic Affairs Copyright Office Copyright Office, Library of Congress PROPOSED RULES Exemptions To Permit Circumvention of Access Controls on Copyrighted Works, 65293-65310 2020-22893 Corporation Corporation for National and Community Service RULES Agency Operating Name, Adoption of New Logos, and Retirement of Logos, 65239-65241 2020-20318 Defense Department Defense Department PROPOSED RULES Federal Acquisition Regulation:
Revision of Definition of ``Commercial Item'', 65610-65628 2020-20142 NOTICES Meetings: National Intelligence University Board of Visitors, 65390-65391 2020-22806 Employee Benefits Employee Benefits Security Administration NOTICES Meetings: Advisory Council on Employee Welfare and Pension Benefit Plans, 65428 2020-22766 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Application: Golden Pass LNG Terminal, LLC, 65392-65394 2020-22873 Change In Control:
Sabine Pass Liquefaction, LLC, 65391-65392 2020-22771 Meetings: Environmental Management Site-Specific Advisory Board, Idaho Cleanup Project, 65394 2020-22796 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Massachusetts; Reasonably Available Control Technology for the 2008 and 2015 Ozone Standards, 65236-65239 2020-21146 NOTICES Public Water System Supervision Program: South Carolina; Revision, 65400-65401 2020-22730 Equal Equal Employment Opportunity Commission RULES Revisions to Procedural Regulations:
Americans With Disabilities Act; Genetic Information Nondiscrimination Act; Procedures—Age Discrimination in Employment Act, 65214-65220 2020-21070 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Yakima, WA, 65203-65204 2020-22743 Airworthiness Directives: Airbus SAS Airplanes, 65190-65193, 65197-65203 2020-22758 2020-22760 2020-22763 Kidde Aerospace and Defense, 65193-65197 2020-22725 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures;
Miscellaneous Amendments, 65204-65207 2020-22731 2020-22732 PROPOSED RULES Airworthiness Directives: Airbus Helicopters, 65285-65288 2020-22744 Airbus SAS Airplanes, 65282-65285 2020-22741 NOTICES Petition for Exemption; Summary: Avitas, Inc., 65466 2020-22881 California Institute of Technology, 65465-65466 2020-22880 Federal Communications Federal Communications Commission PROPOSED RULES Schedule of Application Fees, 65566-65608 2020-21530 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 65401-65403 2020-22822 2020-22823 2020-22845 Charter Renewal: Consumer Advisory Committee, 65403-65404 2020-22751 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Removal of Transferred Office of Thrift Supervision Regulations Regarding Application Processing Procedures of State Savings Associations, 65270-65282 2020-21000 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 65404 2020-22991 Federal Energy Federal Energy Regulatory Commission RULES Requirements in Reliability Standards Under the North American Electric Reliability Corp.
Standards Efficiency Review: Electric Reliability Organization Proposal To Retire, 65207-65214 2020-20972 NOTICES Application and Establishing Intervention Deadline: Columbia Gulf Transmission, LLC, 65394-65395 2020-22779 Combined Filings, 65397-65400 2020-22775 2020-22776 2020-22777 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: La Joya Wind, LLC, 65399 2020-22780 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 65404 2020-22812 Federal Reserve Federal Reserve System PROPOSED RULES Rules Regarding Availability of Information, 65262-65270 2020-22463 Fish Fish and Wildlife Service RULES Endangered and Threatened Species:
Reclassification of the American Burying Beetle, 65241-65261 2020-19810 Food and Drug Food and Drug Administration NOTICES Guidance: Select Updates for Biocompatibility of Certain Devices in Contact With Intact Skin, 65410-65412 2020-22876 Technical Considerations for Non-Clinical Assessment of Medical Devices Containing Nitinol, 65409-65410 2020-22877 Requests for Nominations: Voting Members on Public Advisory Panels or Committees; Device Good Manufacturing Practice Advisory Committee and the Medical Devices Advisory Committee, 65412-65415 2020-22875 Forest Forest Service NOTICES Forest Service Handbook:
Chapters Zero, 10, 30, 50 and 70; Forest Service Handbook 2409.18a, Chapters Zero, 10, and 20; Forest Service Manual 2400, Chapters Zero, 30, 40, 50 and 60, 65339 2020-22859 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulation: Revision of Definition of ``Commercial Item'', 65610-65628 2020-20142 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration See National Institutes of Health PROPOSED RULES Countermeasures Injury Compensation Program:
Smallpox Countermeasures Injury Table, 65311-65336 2020-20806 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Multifamily Project Monthly Accounting Reports, 65419-65420 2020-22794 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Office of Natural Resources Revenue See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service RULES Guidance on the Determination of the Section 4968 Excise Tax Applicable to Certain Colleges and Universities, 65526-65564 2020-20933 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Frozen Warmwater Shrimp From India, 65379-65382 2020-22821 Certain Kitchen Appliance Shelving and Racks From the People's Republic of China, 65345-65346 2020-22807 Certain Steel Nails From Taiwan, 65366-65367 2020-22808 Determination of Sales at Less Than Fair Value: Common Alloy Aluminum Sheet From Bahrain, 65372-65374 2020-22804 Common Alloy Aluminum Sheet From Brazil, 65363-65366 2020-22818 Common Alloy Aluminum Sheet From Croatia, 65384-65386 2020-22817 Common Alloy Aluminum Sheet From Egypt, 65382-65384 2020-22816 Common Alloy Aluminum Sheet From Germany, 65386-65389 2020-22819 Common Alloy Aluminum Sheet From Greece, 65374-65377 2020-22798 Common Alloy Aluminum Sheet From India, 65377-65379 2020-22810 Common Alloy Aluminum Sheet From Indonesia, 65356-65358 2020-22814 Common Alloy Aluminum Sheet From Italy, 65342-65345 2020-22820 Common Alloy Aluminum Sheet From Romania, 65358-65361 2020-22815 Common Alloy Aluminum Sheet From Serbia, 65370-65372 2020-22809 Common Alloy Aluminum Sheet From Slovenia, 65349-65351 2020-22800 Common Alloy Aluminum Sheet From South Africa, 65351-65354 2020-22802 Common Alloy Aluminum Sheet From Spain, 65367-65369 2020-22813 Common Alloy Aluminum Sheet From Taiwan, 65361-65363 2020-22803 Common Alloy Aluminum Sheet From the Republic of Korea, 65354-65356 2020-22799 Common Alloy Aluminum Sheet From the Sultanate of Oman, 65340-65342 2020-22805 Common Alloy Aluminum Sheet From Turkey, 65346-65349 2020-22801 Justice Department Justice Department See Antitrust Division NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Capital Punishment Report of Inmates Under Sentence of Death, 65427 2020-22857 Drug Questionnaire, 65427-65428 2020-22858 Labor Department Labor Department See Employee Benefits Security Administration See Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Anhydrous Ammonia Storage and Handling Standard, 65430 2020-22767 Electric Power Generation, Transmission, and Distribution Standards for Construction and General Industry and Electrical Protective Equipment for Construction and General, 65428-65429 2020-22765 Rigging Equipment for Material Handling, 65429-65430 2020-22768 Vacancy Posting:
Administrative Review Board, 65429 2020-22791 Labor Statistics Labor Statistics Bureau NOTICES Meetings: Data Users Advisory Committee, 65430-65431 2020-22825 Land Land Management Bureau NOTICES Public Land Order: Extension of Public Land Order 7467 San Francisco Peaks/Mount Elden Recreation area, AZ, 65420-65421 2020-22975 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 65431-65433 2020-22899 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation:
Revision of Definition of ``Commercial Item'', 65610-65628 2020-20142 NOTICES Requests for Nominations: Authors and Scientific/Technical Inputs and Notice of Planned Public Engagement Opportunities for the Fifth National Climate Assessment, 65433-65435 2020-22729 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65435-65436 2020-22770 National Institute National Institutes of Health NOTICES Meetings:
Center for Scientific Review, 65416-65417 2020-22750 National Institute of Allergy and Infectious Diseases, 65415-65416 2020-22787 2020-22789 National Institute on Alcohol Abuse and Alcoholism, 65416 2020-22788 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Pacific Island Fisheries: 2020-2023 Hawaii Kona Crab Annual Catch Limit and Accountability Measure, 65336-65338 2020-22742 NOTICES Endangered and Threatened Species: Take of Anadromous Fish, 65390 2020-22746 Pacific Island Fisheries:
Marine Conservation Plan for Pacific Insular Areas Other Than American Samoa, Guam, and the Northern Mariana Islands; Western Pacific Sustainable Fisheries Fund, 65389-65390 2020-22786 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65436-65438 2020-22755 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Application: Virginia Electric and Power Co.; North Anna Power Station, Units 1 and 2;
Renewal, 65438-65440 2020-22790 Occupational Safety Health Rev Occupational Safety and Health Review Commission RULES Regulations Implementing the Privacy Act, 65221-65224 2020-21011 Rules of Procedure, 65220 2020-21012 Natural Resources Office of Natural Resources Revenue NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Collection of Monies Due the Federal Government; and Processing Refund Requests Related to Overpayments Made to Office of Natural Resources Revenue, 65395-65397 2020-22773 Economic Affairs Office of the Under-Secretary for Economic Affairs PROPOSED RULES Concrete Masonry Products Research, Education and Promotion Order;
Referendum Procedures, 65288-65293 2020-20035 Pension Benefit Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans: Interest Assumptions for Paying Benefits, 65224-65225 2020-22550 Personnel Personnel Management Office RULES General Schedule Locality Pay Areas, 65187-65189 2020-22320 Postal Service Postal Service RULES International Competitive Services Product and Price Changes, 65225-65236 2020-22885 PROPOSED RULES International Mailing Services:
Proposed Product and Price Changes—CPI, 65310-65311 2020-22886 New Mailing Standards for Domestic Mailing Services Products, 65311 2020-22887 NOTICES Product Change: First-Class Package Service Negotiated Service Agreement, 65443 2020-22831 Priority Mail and First-Class Package Service Negotiated, 65440 2020-22838 Priority Mail and First-Class Package Service Negotiated Service Agreement, 65441-65443 2020-22830 2020-22836 2020-22841 2020-22843 Priority Mail Express and Priority Mail Negotiated Service, 65441 2020-22827 Priority Mail Express and Priority Mail Negotiated Service Agreement, 65443 2020-22844 Priority Mail Express Negotiated Service Agreement, 65443 2020-22832 Priority Mail Negotiated Service Agreement, 65440-65443 2020-22826 2020-22828 2020-22829 2020-22833 2020-22834 2020-22835 2020-22839 2020-22840 2020-22842 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Government Organization and Employees:
Trade Representative, Office of the U.S.; Delegation of Authority (Memorandum of October 9, 2020), 65629-65631 2020-23026 Securities Securities and Exchange Commission RULES Rescission of Effective-Upon-Filing Procedure for National Market System Plan Fee Amendments and Modified Procedures for Proposed National Market System Plans and Plan Amendments, 65470-65498 2020-18572 NOTICES Application: Snowflake, Inc., 65449-65451 2020-22824 Self-Regulatory Organizations; Proposed Rule Changes:
Cboe EDGX Exchange, Inc., 65453-65455 2020-22870 Miami International Securities Exchange, LLC, 65443-65449 2020-22869 Nasdaq BX, Inc., 65456-65458, 65462-65464 2020-22866 2020-22868 Nasdaq PHLX, LLC, 65451-65453 2020-22872 New York Stock Exchange, LLC, 65458-65460 2020-22871 The Nasdaq Stock Market, LLC, 65460-65462 2020-22867 Small Business Small Business Administration NOTICES Disaster Declaration: Virginia, 65465 2020-22781 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Certification of Blasters in Federal Program States and on Indian Lands, 65422 2020-22850 Permanent Program Performance Standards—Surface and Underground Mining Activities, 65422-65423 2020-22852 Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan, 65421-65422 2020-22851 Transportation Department Transportation Department See Federal Aviation Administration Security Transportation Security Administration NOTICES Meetings:
Surface Transportation Security Advisory Committee, 65418-65419 2020-22749 Treasury Treasury Department See Internal Revenue Service NOTICES Senior Executive Service: Performance Review Board, 65466-65468 2020-22811 U.S. Institute United States Institute of Peace NOTICES Meetings, 65468 2020-22878 Separate Parts In This Issue Part II Securities and Exchange Commission, 65470-65498 2020-18572 Part III Agriculture Department, 65500-65524 2020-20092 Part IV Treasury Department, Internal Revenue Service, 65526-65564 2020-20933 Part V Federal Communications Commission, 65566-65608 2020-21530 Part VI Defense Department, 65610-65628 2020-20142 General Services Administration, 65610-65628 2020-20142 National Aeronautics and Space Administration, 65610-65628 2020-20142 Part VII Presidential Documents, 65629-65631 2020-23026 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. 85 200 Thursday, October 15, 2020 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 531 RIN 3206-AO05 General Schedule Locality Pay Areas AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: On behalf of the President's Pay Agent, the Office of Personnel Management
(OPM)is issuing final regulations to establish a new Des Moines-Ames-West Des Moines, IA, locality pay area and to include Imperial County, CA, in the Los Angeles-Long Beach, CA, locality pay area as an area of application. Those changes in locality pay area definitions are applicable on the first day of the first pay period beginning on or after January 1, 2021. Locality pay rates for the new Des Moines-Ames-West Des Moines, IA, locality pay area will be set by the President. DATES: The regulations are effective November 16, 2020. The regulations are applicable on the first day of the first pay period beginning on or after January 1, 2021. FOR FURTHER INFORMATION CONTACT: Joe Ratcliffe by email at *pay-leave-policy@opm.gov* or by telephone at
(202)606-2838. SUPPLEMENTARY INFORMATION: Section 5304 of title 5, United States Code (U.S.C.), authorizes locality pay for General Schedule
(GS)employees with duty stations in the United States and its territories and possessions. Section 5304(f) authorizes the President's Pay Agent (the Secretary of Labor, the Director of the Office of Management and Budget (OMB), and the Director of the Office of Personnel Management (OPM)) to determine locality pay areas. The boundaries of locality pay areas must be based on appropriate factors, which may include local labor market patterns, commuting patterns, and the practices of other employers. The Pay Agent must give thorough consideration to the views and recommendations of the Federal Salary Council, a body composed of experts in the fields of labor relations and pay policy and representatives of Federal employee organizations. The President appoints the members of the Federal Salary Council, which submits annual recommendations on the locality pay program to the Pay Agent. The establishment or modification of locality pay area boundaries must conform to the notice and comment provisions of the Administrative Procedure Act (5 U.S.C. 553). On July 10, 2020, OPM published a proposed rule in the **Federal Register** on behalf of the Pay Agent. (See 85 FR 41439.) The proposed rule proposed establishing a new Des Moines-Ames-West Des Moines, IA, locality pay area and including Imperial County, CA, in the Los Angeles-Long Beach, CA, locality pay area as an area of application. The proposed rule provided a 30-day comment period. Accordingly, the Pay Agent reviewed comments received through August 10, 2020. After considering those comments, the Pay Agent has decided to implement the locality pay area definitions in the proposed rule. Impact and Implementation Establishing a new Des Moines-Ames-West Des Moines, IA, locality pay area will impact about 3,100 GS employees. Locality pay rates now applicable in that area will not change automatically because locality pay percentages are established by Executive order under the President's authority in 5 U.S.C. 5304 or 5304a, and the President decides each year whether to adjust locality pay percentages. When locality pay percentages are adjusted, past practice has been to allocate a percent of the total GS payroll for locality pay raises and to have the overall dollar cost for such pay raises be the same, regardless of the number of locality pay areas. If a percent of the total GS payroll is allocated for locality pay increases, the addition of a new locality pay area results in a somewhat smaller amount to allocate for locality pay increases in existing areas. Implementing higher locality pay rates in the new Des Moines-Ames-West Des Moines, IA, locality pay area could thus result in relatively lower pay increases for employees in existing locality pay areas than they would otherwise receive. Including Imperial County, CA, in the Los Angeles-Long Beach, CA, locality pay area as an area of application will impact about 1,860 GS employees. Comments on the Proposed Rule OPM received 28 comments on the proposed rule. Most of those comments supported the proposed changes in the definitions of locality pay areas. Some commenters who opposed the creation of the Des Moines-Ames-West Des Moines, IA, locality pay area commented that indicators of living costs should be considered in defining locality pay areas or in setting locality pay. Living costs are not directly considered in the locality pay program. Under 5 U.S.C. 5304, locality pay rates are based on comparisons of GS pay and non-Federal pay at the same work levels in a locality pay area, and as explained in the proposed rule the Des Moines-Ames-West Des Moines, IA, locality pay area is being established based on such pay comparisons. While relative living costs may indirectly affect non-Federal pay levels, living costs are just one of many factors that affect the supply of and demand for labor, and therefore labor costs, in a locality pay area. Some commenters suggested that Imperial County, CA, be established as an area of application to the San Diego-Carlsbad, CA, locality pay area rather than the Los Angeles-Long Beach, CA, locality pay area. One commenter suggested that, in addition to considering overall employment interchange rates, the Pay Agent should consider how much of the employment interchange is between Imperial County and outlying portions of the basic locality pay area as opposed to its core. As explained in the proposed rule, we agree with the Federal Salary Council that when a location is to be established as an area of application and is adjacent to two locality pay areas, the location should be included in the locality pay area with which it has the higher employment interchange rate. Imperial County has a greater rate of employment interchange with the Los Angeles-Long Beach, CA, basic locality pay area than with the San Diego-Carlsbad, CA, basic locality pay area. Individuals concerned about the criteria by which locality pay areas are defined may provide testimony to the Federal Salary Council. Some commenters objected that certain locations were to remain in the “Rest of U.S.”
(RUS)locality pay area under the proposed rule. Locations that will remain in the RUS locality pay area do not meet approved criteria for being established as a new locality pay area or an area of application. Some commenters expressed concern about possible recruitment and retention difficulties the commenters believe agencies may have in such locations. The Pay Agent has no evidence that the changes these final regulations will make in locality pay area definitions will create recruitment and retention challenges for Federal employers. However, should recruitment and retention challenges exist in a location, Federal agencies have considerable administrative authority to address those challenges through the use of current pay flexibilities. Information on these flexibilities is posted on the OPM website at *http://www.opm.gov/policy-data-oversight/pay-leave/pay-and-leave-flexibilities-for-recruitment-and-retention.* One commenter appeared to believe that two counties in the Washington-Baltimore-Arlington, DC-MD-VA-WV-PA, Combined Statistical Area defined in OMB Bulletin No. 18-03 would not be included in the Washington-Baltimore-Arlington, DC-MD-VA-WV-PA, locality pay area, which is not the case. As explained in the proposed rule, locality pay areas consist of
(1)the metropolitan statistical area
(MSA)or combined statistical area
(CSA)comprising the basic locality pay area and, where criteria recommended by the Federal Salary Council and approved by the Pay Agent are met,
(2)areas of application. Regarding the MSAs and CSAs comprising basic locality pay areas, these final regulations define MSA as the geographic scope of an MSA as defined in OMB Bulletin No. 18-03 and define CSA as the geographic scope of a CSA as defined in OMB Bulletin No. 18-03. (OMB Bulletin No. 18-03 is posted at *https://www.whitehouse.gov/wp-content/uploads/2018/04/OMB-BULLETIN-NO.-18-03-Final.pdf.* ) Where a locality pay area defined in these regulations lists one or more locations in addition to the MSA or CSA comprising the basic locality pay area, those additional locations are areas of application that meet criteria recommended by the Federal Salary Council and approved by the President's Pay Agent. OPM plans to post the definitions of locality pay areas on its website soon after these final regulations are issued. One commenter appeared to believe that a Des Moines-Ames-West Des Moines, IA, locality pay area had already been established prior to publication of the proposed rule. That is not the case. One commenter suggested that each GS employee's total basic pay remain the same but be redistributed to provide more for the base GS pay rate and less for the locality payment. Such a change would require a change in law and is outside the scope of these regulations. Regulatory Impact Analysis OPM has examined the impact of this rule as required by Executive Order 12866 and Executive Order 13563, which direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public, health, and safety effects, distributive impacts, and equity). A regulatory impact analysis must be prepared for major rules with economically significant effects of $100 million or more in any 1 year. This rule has been designated as a “not significant regulatory action,” under Executive Order 12866, and it is not “economically significant” as measured by the $100 million threshold. Reducing Regulation and Controlling Regulatory Costs This rule is not an Executive Order 13771 regulatory action because this rule is not subject to Executive Order 12866. Regulatory Flexibility Act OPM certifies that this rule will not have a significant economic impact on a substantial number of small entities. Federalism OPM has examined this rule in accordance with Executive Order 13132, Federalism, and has determined that this rule will not have any negative impact on the rights, roles and responsibilities of State, local, or tribal governments. Civil Justice Reform This regulation meets the applicable standard set forth in Executive Order 12988. Unfunded Mandates Act of 1995 This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Congressional Review Act This action pertains to agency management, personnel, and organization and does not substantially affect the rights or obligations of nonagency parties and, accordingly, is not a “rule” as that term is used by the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. Paperwork Reduction Act This rule does not impose any new reporting or record-keeping requirements subject to the Paperwork Reduction Act. List of Subjects in 5 CFR Part 531 Government employees, Law enforcement officers, Wages. Office of Personnel Management. Alexys Stanley, Regulatory Affairs Analyst. Accordingly, OPM is amending 5 CFR part 531 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, 5305, and 5941(a); 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 F—Locality-Based Comparability Payments 2. In § 531.603, paragraph
(b)is revised to read as follows: § 531.603 Locality pay areas.
(b)The following are locality pay areas for the purposes of this subpart:
(1)Alaska—consisting of the State of Alaska;
(2)Albany-Schenectady, NY-MA—consisting of the Albany-Schenectady, NY CSA and also including Berkshire County, MA;
(3)Albuquerque-Santa Fe-Las Vegas, NM—consisting of the Albuquerque- Santa Fe-Las Vegas, NM CSA and also including McKinley County, NM;
(4)Atlanta—Athens-Clarke County—Sandy Springs, GA-AL—consisting of the Atlanta—Athens-Clarke County—Sandy Springs, GA CSA and also including Chambers County, AL;
(5)Austin-Round Rock, TX—consisting of the Austin-Round Rock, TX MSA;
(6)Birmingham-Hoover-Talladega, AL—consisting of the Birmingham-Hoover-Talladega, AL CSA and also including Calhoun County, AL;
(7)Boston-Worcester-Providence, MA-RI-NH-ME—consisting of the Boston-Worcester-Providence, MA-RI-NH-CT CSA, except for Windham County, CT, and also including Androscoggin County, ME, Cumberland County, ME, Sagadahoc County, ME, and York County, ME;
(8)Buffalo-Cheektowaga, NY—consisting of the Buffalo-Cheektowaga, NY CSA;
(9)Burlington-South Burlington, VT—consisting of the Burlington-South Burlington, VT MSA;
(10)Charlotte-Concord, NC-SC—consisting of the Charlotte-Concord, NC-SC CSA;
(11)Chicago-Naperville, IL-IN-WI—consisting of the Chicago-Naperville, IL-IN-WI CSA;
(12)Cincinnati-Wilmington-Maysville, OH-KY-IN—consisting of the Cincinnati-Wilmington-Maysville, OH-KY-IN CSA and also including Franklin County, IN;
(13)Cleveland-Akron-Canton, OH—consisting of the Cleveland-Akron-Canton, OH CSA and also including Harrison County, OH;
(14)Colorado Springs, CO—consisting of the Colorado Springs, CO MSA and also including Fremont County, CO, and Pueblo County, CO;
(15)Columbus-Marion-Zanesville, OH—consisting of the Columbus-Marion-Zanesville, OH CSA;
(16)Corpus Christi-Kingsville-Alice, TX—consisting of the Corpus Christi-Kingsville-Alice, TX CSA;
(17)Dallas-Fort Worth, TX-OK—consisting of the Dallas-Fort Worth, TX-OK CSA and also including Delta County, TX;
(18)Davenport-Moline, IA-IL—consisting of the Davenport-Moline, IA-IL CSA;
(19)Dayton-Springfield-Sidney, OH—consisting of the Dayton-Springfield-Sidney, OH CSA and also including Preble County, OH;
(20)Denver-Aurora, CO—consisting of the Denver-Aurora, CO CSA and also including Larimer County, CO;
(21)Des Moines-Ames-West Des Moines, IA—consisting of the Des Moines-Ames-West Des Moines, IA CSA;
(22)Detroit-Warren-Ann Arbor, MI—consisting of the Detroit-Warren-Ann Arbor, MI CSA;
(23)Harrisburg-Lebanon, PA—consisting of the Harrisburg-York-Lebanon, PA CSA, except for Adams County, PA, and York County, PA, and also including Lancaster County, PA;
(24)Hartford-West Hartford, CT-MA—consisting of the Hartford-West Hartford, CT CSA and also including Windham County, CT, Franklin County, MA, Hampden County, MA, and Hampshire County, MA;
(25)Hawaii—consisting of the State of Hawaii;
(26)Houston-The Woodlands, TX—consisting of the Houston-The Woodlands, TX CSA and also including San Jacinto County, TX;
(27)Huntsville-Decatur-Albertville, AL—consisting of the Huntsville-Decatur-Albertville, AL CSA;
(28)Indianapolis-Carmel-Muncie, IN—consisting of the Indianapolis-Carmel-Muncie, IN CSA and also including Grant County, IN;
(29)Kansas City-Overland Park-Kansas City, MO-KS—consisting of the Kansas City-Overland Park-Kansas City, MO-KS CSA and also including Jackson County, KS, Jefferson County, KS, Osage County, KS, Shawnee County, KS, and Wabaunsee County, KS;
(30)Laredo, TX—consisting of the Laredo, TX MSA;
(31)Las Vegas-Henderson, NV-AZ—consisting of the Las Vegas-Henderson, NV-AZ CSA;
(32)Los Angeles-Long Beach, CA—consisting of the Los Angeles-Long Beach, CA CSA and also including Imperial County, CA, Kern County, CA, San Luis Obispo County, CA, and Santa Barbara County, CA;
(33)Miami-Fort Lauderdale-Port St. Lucie, FL—consisting of the Miami-Fort Lauderdale-Port St. Lucie, FL CSA and also including Monroe County, FL;
(34)Milwaukee-Racine-Waukesha, WI—consisting of the Milwaukee-Racine-Waukesha, WI CSA;
(35)Minneapolis-St. Paul, MN-WI—consisting of the Minneapolis-St. Paul, MN-WI CSA;
(36)New York-Newark, NY-NJ-CT-PA—consisting of the New York-Newark, NY-NJ-CT-PA CSA and also including all of Joint Base McGuire-Dix-Lakehurst;
(37)Omaha-Council Bluffs-Fremont, NE-IA—consisting of the Omaha-Council Bluffs-Fremont, NE-IA CSA;
(38)Palm Bay-Melbourne-Titusville, FL—consisting of the Palm Bay-Melbourne-Titusville, FL MSA;
(39)Philadelphia-Reading-Camden, PA-NJ-DE-MD—consisting of the Philadelphia-Reading-Camden, PA-NJ-DE-MD CSA, except for Joint Base McGuire-Dix-Lakehurst;
(40)Phoenix-Mesa-Scottsdale, AZ—consisting of the Phoenix-Mesa-Scottsdale, AZ MSA;
(41)Pittsburgh-New Castle-Weirton, PA-OH-WV—consisting of the Pittsburgh-New Castle-Weirton, PA-OH-WV CSA;
(42)Portland-Vancouver-Salem, OR-WA—consisting of the Portland-Vancouver-Salem, OR-WA CSA;
(43)Raleigh-Durham-Chapel Hill, NC—consisting of the Raleigh-Durham-Chapel Hill, NC CSA and also including Cumberland County, NC, Hoke County, NC, Robeson County, NC, Scotland County, NC, and Wayne County, NC;
(44)Richmond, VA—consisting of the Richmond, VA MSA and also including Cumberland County, VA, King and Queen County, VA, and Louisa County, VA;
(45)Sacramento-Roseville, CA-NV—consisting of the Sacramento-Roseville, CA CSA and also including Carson City, NV, and Douglas County, NV;
(46)San Antonio-New Braunfels-Pearsall, TX—consisting of the San Antonio-New Braunfels-Pearsall, TX CSA;
(47)San Diego-Carlsbad, CA—consisting of the San Diego-Carlsbad, CA MSA;
(48)San Jose-San Francisco-Oakland, CA—consisting of the San Jose-San Francisco-Oakland, CA CSA and also including Monterey County, CA;
(49)Seattle-Tacoma, WA—consisting of the Seattle-Tacoma, WA CSA and also including Whatcom County, WA;
(50)St. Louis-St. Charles-Farmington, MO-IL—consisting of the St. Louis-St. Charles-Farmington, MO-IL CSA;
(51)Tucson-Nogales, AZ—consisting of the Tucson-Nogales, AZ CSA and also including Cochise County, AZ;
(52)Virginia Beach-Norfolk, VA-NC—consisting of the Virginia Beach-Norfolk, VA-NC CSA;
(53)Washington-Baltimore-Arlington, DC-MD-VA-WV-PA—consisting of the Washington-Baltimore-Arlington, DC-MD-VA-WV-PA CSA and also including Kent County, MD, Adams County, PA, York County, PA, King George County, VA, and Morgan County, WV; and
(54)Rest of U.S.—consisting of those portions of the United States and its territories and possessions as listed in 5 CFR 591.205 not located within another locality pay area. [FR Doc. 2020-22320 Filed 10-14-20; 8:45 am]
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