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Rules and Regulations Federal Register Vol. 74, No. 33

Friday, February 20, 2009

This section of the FEDERAL REGISTER and the U.S. Virgin Islands (USVI). Executive Order 12866, Regulatory contains regulatory documents having general Executive Order 10000, as amended, Review applicability and legal effect, most of which delegates to the U.S. Office of Personnel This rule has been reviewed by the are keyed to and codified in the Code of Management the authority to administer Federal Regulations, which is published under Office of Management and Budget in 50 titles pursuant to 44 U.S.C. 1510. nonforeign area COLAs and prescribes accordance with Executive Order 12866. certain operational features of the The Code of Federal Regulations is sold by program. Paperwork Reduction Act of 1995 the Superintendent of Documents. Prices of We conduct living-cost surveys in This document does not provide for a new books are listed in the first FEDERAL new collection of information under the REGISTER issue of each week. each allowance area and in the , DC, area to determine Paperwork Reduction Act of 1995 (44 whether, and to what degree, COLA area U.S.C. 3501–3521). OFFICE OF PERSONNEL living costs are higher than those in the Regulatory Flexibility Act MANAGEMENT DC area. As required by section 591.223 I certify that this regulation will not of title 5, Code of Federal Regulations, 5 CFR Part 591 have a significant economic impact on we survey the , Pacific, and a substantial number of small entities RIN 3206–AL65 Caribbean COLA areas on a 3-year because the regulation will affect only rotating basis, and the Washington, DC, Federal agencies and employees. Nonforeign Area Cost-of-Living area on an annual basis. We set COLA Allowance Rates; 2007 Interim rates based on the results of these List of Subjects in 5 CFR Part 591 Adjustments: surveys. For areas not surveyed during Government employees, Travel and AGENCY: U.S. Office of Personnel a particular year, we compute interim transportation expenses, Wages. Management. adjustments to COLA rates based on the Office of Personnel Management. relative change in the Consumer Price ACTION: Final rule. Kathie Ann Whipple, Index (CPI) for the COLA area compared Acting Director. SUMMARY: The U.S. Office of Personnel with the Washington, DC, area. (See 5 ■ Management (OPM) is increasing the CFR 591.224–226.) Accordingly, OPM amends subpart B of 5 CFR part 591 as follows: cost-of-living allowance (COLA) rate On 25, 2008, at 73 FR 50174, received by certain white-collar Federal we published a proposed rule for notice PART 591—ALLOWANCES AND and U.S. Postal Service employees in and comment in the Federal Register on DIFFERENTIALS Puerto Rico. The increase is the result our intention to increase the COLA rate of interim adjustments OPM calculated for Puerto Rico and reduce the COLA Subpart B—Cost-of-Living Allowance based on relative Consumer Price Index rates for Anchorage, Fairbanks, and and Post Differential—Nonforeign differences between Puerto Rico and the Juneau, Alaska, based on the 2007 Areas Washington, DC, area. This increase interim adjustment calculations. raises the COLA rate for Puerto Rico ■ 1. The authority citation for subpart B from 13 percent to 14 percent. Because 5 CFR 591.228(c) limits COLA of 5 CFR part 591 continues to read as rate reductions to 1 percentage point in DATES: Effective date: March 23, 2009. follows: a 12-month period, and we have a prior Implementation date: First day of the Authority: 5 U.S.C. 5941; E.O. 10000, 3 rate reduction scheduled for Anchorage, first pay period beginning on or after CFR, 1943–1948 Comp., p. 792; and E.O. Fairbanks, and Juneau, we are March 23, 2009. 12510, 3 CFR, 1985 Comp., p. 338. implementing only the Puerto Rico rate FOR FURTHER INFORMATION CONTACT: ■ J. increase at this time. We will address 2. Revise appendix A of subpart B to Stanley Austin, (202) 606–2838; fax: the Alaska area rate reductions, and read as follows: (202) 606–4264; or e-mail: comments received on these reductions, [email protected]. Appendix A to Subpart B of Part 591— in a future Federal Register publication. Places and Rates at Which Allowances SUPPLEMENTARY INFORMATION: Section We received three comments in Are Paid 5941 of title 5, Code, response to our proposed rule on the authorizes Federal agencies to pay cost- This appendix lists the places approved for rate increase for Puerto Rico. Two of the a cost-of-living allowance and shows the of-living allowances (COLAs) to white- commenters supported the rate increase. authorized allowance rate for each area. The collar Federal and U.S. Postal Service allowance rate shown is paid as a percentage employees stationed in Alaska, , The third commenter wrote regarding locality pay for Puerto Rico. This issue of an employee’s rate of basic pay. The rates , the Commonwealth of the are subject to change based on the results of , Puerto Rico, is beyond the scope of these regulations. future surveys.

Allowance Geographic coverage rate (percent)

State of Alaska: City of Anchorage and 80-kilometer (50-mile) radius by road ...... 23 City of Fairbanks and 80-kilometer (50-mile) radius by road ...... 23

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Allowance Geographic coverage rate (percent)

City of Juneau and 80-kilometer (50-mile) radius by road ...... 23 Rest of the State ...... 25 State of Hawaii: City and County of Honolulu ...... 25 Hawaii County, Hawaii ...... 18 County of Kauai ...... 25 County of Maui and County of Kalawao ...... 25 Territory of Guam and Commonwealth of the Northern Mariana Islands ...... 25 Commonwealth of Puerto Rico ...... 14 U.S. Virgin Islands ...... 25

[FR Doc. E9–3676 Filed 2–19–09; 8:45 am] (202) 720–8938, or Internet: http:// Reform. This rule is not intended to BILLING CODE 6325–39–P www.regulations.gov. All comments have retroactive effect. This rule will should reference the docket number and not preempt any State or local laws, the date and page number of this issue regulations, or policies, unless they DEPARTMENT OF AGRICULTURE of the Federal Register and will be present an irreconcilable conflict with made available for public inspection at this rule. Agricultural Marketing Service the Office of the Docket Clerk during The Act provides that administrative regular business hours, or can be viewed proceedings must be exhausted before 7 CFR Parts 916 and 917 at: http://www.regulations.gov. All parties may file suit in court. Under [Doc. No. AMS–FV–08–0108; FV09–916/917– comments submitted in response to this section 608c(15)(A) of the Act, any 1 IFR] rule will be included in the record and handler subject to an order may file will be made available to the public. with USDA a petition stating that the Nectarines and Grown in Please be advised that the identity of the order, any provision of the order, or any ; Changes in Handling individuals or entities submitting the obligation imposed in connection with Requirements for Fresh Nectarines comments will be made public on the the order is not in accordance with law and Peaches Internet the address provided above. and request a modification of the order FOR FURTHER INFORMATION CONTACT: or to be exempted therefrom. A handler AGENCY: Agricultural Marketing Service, Jennifer Garcia, Marketing Specialist, or is afforded the opportunity for a hearing USDA. Kurt J. Kimmel, Regional Manager, on the petition. After the hearing, USDA ACTION: Interim final rule with request California Marketing Field Office, would rule on the petition. The Act for comments. Marketing Order Administration provides that the district court of the Branch, and Programs, United States in any district in which SUMMARY: This rule changes the AMS, USDA; Telephone: (559) 487– the handler is an inhabitant, or has his handling requirements applicable to 5901, Fax: (559) 487–5906; or E-mail: or her principal place of business, has well matured fruit covered under the [email protected] or jurisdiction to review USDA’s ruling on nectarine and marketing orders [email protected]. the petition, provided an action is filed (orders). The orders regulate the Small businesses may request not later than 20 days after the date of handling of nectarines and peaches information on complying with this the entry of the ruling. grown in California and are regulation by contacting Jay Guerber, This rule changes the handling administered locally by the Nectarine Marketing Order Administration requirements applicable to well matured Administrative and Peach Commodity Branch, Fruit and Vegetable Programs, fruit covered under the nectarine and Committees (committees). This rule AMS, USDA, 1400 Independence peach orders. This rule updates the updates the variety-specific size Avenue, SW., STOP 0237, Washington, variety-specific size requirements to requirements to reflect changes in DC 20250–0237; Telephone: (202) 720– reflect changes in commercially commercially significant varieties. This 2491, Fax: (202) 720–8938, or E-mail: significant varieties. These changes will will enable handlers to continue to ship [email protected]. enable handlers to continue to ship fresh nectarines and peaches in a fresh nectarines and peaches in a manner that meets consumer needs, SUPPLEMENTARY INFORMATION: This rule manner that meets consumer needs, increases returns to producers and is issued under Marketing Order Nos. increases returns to producers and handlers, and reflects current industry 916 and 917, both as amended (7 CFR handlers, and reflects current industry practices. parts 916 and 917), regulating the handling of nectarines and peaches practices. DATES: Effective February 21, 2009; grown in California, respectively, Sections 916.52 and 917.41 of the comments received by April 21, 2009 hereinafter referred to as the ‘‘orders.’’ orders provide authority for handling will be considered prior to issuance of The orders are effective under the regulations for fresh California any final rule. Agricultural Marketing Agreement Act nectarines and peaches. The regulations ADDRESSES: Interested persons are of 1937, as amended (7 U.S.C. 601–674), may include grade, size, maturity, invited to submit written comments hereinafter referred to as the ‘‘Act.’’ quality, pack, and container concerning this rule. Comments must be The Department of Agriculture requirements. The orders also provide sent to the Docket Clerk, Marketing (USDA) is issuing this rule in that whenever such requirements are in Order Administration Branch, Fruit and conformance with Executive Order effect, the fruit subject to such Vegetable Programs, AMS, USDA, 1400 12866. regulation must be inspected by the Independence Avenue, SW., STOP This rule has been reviewed under Federal or Federal-State Inspection 0237, Washington, DC 20250–0237; Fax: Executive Order 12988, Civil Justice Service (Inspection Service) and

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