60048 Federal Register / Vol
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60048 Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Rules and Regulations appointed for 15-year terms as part of a Hostages, Iraq, Kuwait, Lebanon, Life locality-based comparability payment temporary expansion provision. insurance, Retirement. under 5 U.S.C. 5304; and (iii) Any special pay supplement for Regulatory Procedures Office of Personnel Management. a defined subcategory of employees that Alexys Stanley, OPM has examined the impact of this is equivalent to a special rate rule as required by Executive Order Regulatory Affairs Analyst. supplement under 5 U.S.C. 5305. 12866 and Executive Order 13563, For the reasons stated in the (2) Notwithstanding paragraph (a) (1) which directs agencies to assess all costs preamble, the Office of Personnel of this section, annual basic pay does and benefits of available regulatory Management amends 5 CFR part 870 as not include the following: alternatives and, if regulation is follows: (i) Bonuses, allowances, overtime pay, necessary, to select regulatory military pay, or any other pay to a approaches that maximize net benefits PART 870—FEDERAL EMPLOYEES’ covered civilian employee given in (including potential economic, GROUP LIFE INSURANCE PROGRAM addition to the base pay of the position, environmental, public, health, and ■ except as otherwise provided by specific safety effects, distributive impacts, and 1. The authority citation for part 870 provision of law or OPM regulation. equity). This rule is not a significant continues to read: (ii) Physicians comparability regulatory action under Section 3(f) of Authority: 5 U.S.C. 8716; Subpart J also allowances under 5 U.S.C. 5948. Executive Order 12866 and was not issued under section 599C of Pub. L. 101– * * * * * reviewed by OMB. 513, 104 Stat. 2064, as amended; Sec. 870.302(a)(3)(ii) also issued under section ■ 4. Amend § 870.703 by revising Reducing Regulation and Controlling 153 of Pub. L. 104–134, 110 Stat. 1321; Sec. paragraph (e)(1) introductory text and Regulatory Costs 870.302(a)(3) also issued under sections adding paragraph (e)(1)(vii) to read as 11202(f), 11232(e), and 11246(b) and (c) of follows: This final rule is not subject to the Pub. L. 105–33, 111 Stat. 251, and section requirements of E.O. 13771 (82 FR 9339, 7(e) of Pub. L. 105–274, 112 Stat. 2419; Sec. § 870.703 Election of Basic insurance. February 2, 2017) because this final rule 870.302(a)(3) also issued under section 145 of * * * * * is not significant under Executive Order Pub. L. 106–522, 114 Stat. 2472; Secs. (e)(1) For purposes of this part, a 12866. 870.302(b)(8), 870.601(a), and 870.602(b) also judge who retires under paragraphs issued under Pub. L. 110–279, 122 Stat. 2604; (e)(1)(i) through (vii) of this section is Regulatory Flexibility Act Subpart E also issued under 5 U.S.C. 8702(c); Sec. 870.601(d)(3) also issued under 5 U.S.C. considered to be an employee after The Office of Personnel Management retirement: certifies that this regulation will not 8706(d); Sec. 870.703(e)(1) also issued under have a significant economic impact on section 502 of Pub. L. 110–177, 121 Stat. * * * * * Start Printed Page 773662542; Sec. 870.705 a substantial number of small entities (vii) 38 U.S.C. 7296; also issued under 5 U.S.C. 8714b(c) and * * * * * because the regulation only affects a 8714c(c); Public Law 104–106, 110 Stat. 521. small number of Federal employees and [FR Doc. 2020–18042 Filed 9–23–20; 8:45 am] ■ annuitants. 2. Amend § 870.101 by revising BILLING CODE 6325–38–P paragraph (4) in the definition of Federalism Employing Office, to read as follows: We have examined this rule in § 870.101 Definitions. DEPARTMENT OF TRANSPORTATION accordance with Executive Order 13132, Federalism, and have determined that * * * * * Federal Aviation Administration this rule will not have any negative Employing Office *** impact on the rights, roles and (4) The United States Court of 14 CFR Part 39 Appeals for Veterans Claims is the responsibilities of State, local, or tribal [Docket No. FAA–2016–6139; Product governments. employing office for judges of the United States Court of Appeals for Identifier 2015–NM–061–AD; Amendment 39–21234; AD 2020–18–13] Paperwork Reduction Act of 1995 (44 Veterans Claims. U.S.C. Chapter 35) * * * * * RIN 2120–AA64 The Paperwork Reduction Act of 1995 ■ 3. Amend § 870.204 by revising Airworthiness Directives; The Boeing (44 U.S.C. chapter 3507(d); see 5 CFR paragraph (a) to read as follows: Company Airplanes part 1320) requires that the U.S. Office of Management and Budget (OMB) § 870.204 Annual rates of pay. AGENCY: Federal Aviation approve all collections of information (a)(1) An employee’s annual pay is the Administration (FAA), DOT. by a Federal agency from the public annual basic pay of the position as fixed ACTION: Final rule. before they can be implemented. by law or regulation, except as Respondents are not required to respond otherwise provided by specific SUMMARY: The FAA is adopting a new to any collection of information unless provision of law or OPM regulation. airworthiness directive (AD) for certain it displays a current valid OMB control Annual pay for this purpose includes The Boeing Company Model 737–600, number. OPM has determined this rule the following: –700, –700C, –800, –900, and –900ER does not impose additional reporting or (i) Any pay of a type that is treated as series airplanes. This AD was prompted recordkeeping requirements under the basic pay for purposes of the retirement by the FAA’s analysis of the Model 737 Paperwork Reduction Act of 1995 systems established under 5 U.S.C. fuel system reviews conducted by the outside of an already approved existing chapters 83 and 84, consistent with 5 manufacturer. This AD requires collection under OMB Control No: U.S.C. 8331(3), and pay that is annual modifying the fuel quantity indicating 3206–0230, Life Insurance Election. pay for purposes of the FEGLI Program system (FQIS) to prevent development as provided in Federal law and of an ignition source inside the center List of Subjects in 5 CFR Part 870 regulation; fuel tank due to electrical fault Administrative practice and (ii) Any geographic-based pay conditions. This AD also provides procedure, Government employees, supplement that is equivalent to a alternative actions for cargo airplanes. VerDate Sep<11>2014 16:01 Sep 23, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\24SER1.SGM 24SER1 Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Rules and Regulations 60049 The FAA is issuing this AD to address (NATCA) supported the intent of the with 14 CFR part 25 regulatory the unsafe condition on these products. NPRM. Additional comments from requirements. A4A/CAA referred to the DATES: This AD is effective October 29, NATCA are addressed below. phrase ‘‘regardless of probability’’ associated with single failures. A4A/ 2020. Request To Withdraw NPRM: CAA acknowledged that the term is ADDRESSES: Unjustified by Risk used with single failures in FAA Examining the AD Docket Airlines for America and the Cargo Advisory Circular (AC) 25.981–1C,1 Airline Association, in consolidated You may examine the AD docket on ‘‘Fuel Tank Ignition Source Prevention comments (A4A/CAA), and KLM Royal the internet at https:// Guidelines,’’ but since that term does Dutch Airlines (KLM) requested that the www.regulations.gov by searching for not appear in 14 CFR 25.981(a)(3), the FAA withdraw the NPRM. A4A/CAA and locating Docket No. FAA–2016– commenter considered its use arbitrary, cited comments submitted by Boeing to 6139; or in person at Docket Operations possibly introducing additional Docket No. FAA–2012–0187 in which between 9 a.m. and 5 p.m., Monday requirements not included in that Boeing stated that the risk is ‘‘less than through Friday, except Federal holidays. section. A4A/CAA stated that the extremely improbable’’ and that Boeing The AD docket contains this final rule, ‘‘worst reasonably anticipated flight’’ is does not believe that an unsafe any comments received, and other a flight with a latent FQIS failure and a condition exists. A4A/CAA noted that high-flammability tank, and this ‘‘latent information. The address for Docket they consider the Boeing comments to Operations is U.S. Department of plus one’’ failure—regardless of be applicable to the airplane models in probability of a single failure—is not Transportation, Docket Operations, M– the NPRM. KLM stated that the NPRM 30, West Building Ground Floor, Room consistent with 14 CFR 25.981(a)(3). does not clarify the necessity of The FAA disagrees with the W12–140, 1200 New Jersey Avenue SE, additional actions beyond current commenter’s request. The FAA notes Washington, DC 20590. requirements. KLM added that it that the commenter’s assertion about the FOR FURTHER INFORMATION CONTACT: Jon understands that Boeing is not able to intent of 14 CFR 25.981(a)(3) is incorrect Regimbal, Aerospace Engineer, explain or substantiate the rationale based on both the language of the rule Propulsion Section, FAA, Seattle ACO behind the NPRM. and on the published rulemaking Branch, 2200 South 216th St., Des The FAA disagrees with the documents. The absence of a Moines, WA 98198; phone and fax: 206– commenters’ request. The FAA notes probabilistic qualifier in both the ‘‘from 231–3557; email: [email protected]. that Boeing’s comments were addressed each single failure’’ clause and in the SUPPLEMENTARY INFORMATION: in the supplemental NPRM (SNPRM) for ‘‘from each single failure in combination Docket No.