Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Proposed Rules 73245 

agency or organization. The gaining 

supervisor must consider the rating and 

appraisals when deriving the initial 

summary rating at the end of the 

appraisal period. 

§ 430.311 Performance Review Boards 

(PRBs). 

Each agency must establish one or 

more PRBs to make recommendations to 

the appointing authority on the 

performance of its senior executives. 

(a) Membership. (1) Each PRB must 

have three or more members who are 

appointed by the agency head, or by 

another official or group acting on 

behalf of the agency head. Agency heads 

are encouraged to consider diversity and 

inclusion in establishing their PRBs. 

(2) PRB members must be appointed 

in a way that assures consistency, 

stability, and objectivity in SES 

performance appraisal. 

(3) When appraising a career 

appointee’s performance or 

recommending a career appointee for a 

performance-based pay adjustment or 

performance award, more than one-half 

of the PRB’s members must be SES 

career appointees. 

(4) The agency must publish notice of 

PRB appointments in the Federal 

Register before service begins. 

(b) Functions. (1) Each PRB must 

consider agency performance as 

communicated by the oversight official 

through the performance appraisal 

guidelines when reviewing and 

evaluating the initial summary rating, 

any senior executive’s response, and 

any higher-level official’s findings and 

recommendations on the initial 

summary rating. The PRB may conduct 

any further review needed to make its 

recommendations. The PRB may not 

review an initial summary rating to 

which the executive has not been given 

the opportunity to respond in writing. 

(2) The PRB must make a written 

recommendation to the appointing 

authority about each senior executive’s 

annual summary rating, performancebased pay adjustment, and performance 

award. 

(3) PRB members may not take part in 

any PRB deliberations involving their 

own appraisals, performance-based pay 

adjustments, and performance awards. 

§ 430.312 Using performance results. 

(a) Agencies must use performance 

appraisals as a basis for adjusting pay, 

granting awards, retaining senior 

executives, and making other personnel 

decisions. Performance appraisals also 

will be a factor in assessing a senior 

executive’s continuing development 

needs. 

(b) Agencies are required to provide 

appropriate incentives and recognition 

(including pay adjustments and 

performance awards under part 534, 

subpart D) for excellence in 

performance. 

(c) A career executive may be 

removed from the SES for performance 

reasons, subject to the provisions of part 

359, subpart E, as follows: 

(1) An executive who receives an 

unsatisfactory annual summary rating 

must be reassigned or transferred within 

the SES, or removed from the SES; 

(2) An executive who receives two 

unsatisfactory annual summary ratings 

in any 5-year period must be removed 

from the SES; and 

(3) An executive who receives less 

than a fully successful annual summary 

rating twice in any 3-year period must 

be removed from the SES. 

§ 430.313 Training and evaluation. 

(a) To assure effective implementation 

of agency performance management 

systems, agencies must provide 

appropriate information and training to 

agency leadership, supervisors, and 

senior executives on performance 

management, including planning and 

appraising performance. 

(b) Agencies must periodically 

evaluate the effectiveness of their 

performance management system(s) and 

implement improvements as needed. 

Evaluations must provide for both 

assessment of effectiveness and 

compliance with relevant laws, OPM 

regulations, and OPM performance 

management policy. 

(c) Agencies must maintain all 

performance-related records for no 

fewer than 5 years from the date the 

annual summary rating is issued, as 

required in 5 CFR 293.404(b)(1). 

§ 430.314 OPM review of agency systems. 

(a) Agencies must submit proposed 

SES performance management systems 

to OPM for approval. Agency systems 

must address the system standards and 

requirements specified in this subpart. 

(b) OPM will review agency systems 

for compliance with the requirements of 

law, OPM regulations, and OPM 

performance management policy, 

including the system standards 

specified at § 430.305. 

(c) If OPM finds that an agency system 

does not meet the requirements and 

intent of subchapter II of chapter 43 of 

title 5, United States Code, or of this 

subpart, OPM will identify the 

requirements that were not met and 

direct the agency to take corrective 

action, and the agency must comply. 

PART 534—PAY UNDER OTHER 

SYSTEMS 

■ 3. The authority citation for part 534 

continues to read as follows: 

Authority: 5 U.S.C. 1104, 3161(d), 5307, 

5351, 5352, 5353, 5376, 5382, 5383, 5384, 

5385, 5541, 5550a, sec. 1125 of the National 

Defense Authorization Act for FY 2004, Pub. 

L. 108–136, 117 Stat. 1638 (5 U.S.C. 5304, 

5382, 5383, 7302; 18 U.S.C. 207); and sec. 2 

of Pub. L. 110–372, 122 Stat. 4043 (5 U.S.C. 

5304, 5307, 5376). 

■ 4. In § 534.505, revise paragraphs 

(c)(1)(ii) and (c)(1)(iii) to read as follows: 

§ 534.505 Written Procedures. 

* * * * * 

(c) * * * 

(1) * * * 

(ii) Multiply the amount derived in 

paragraph (c)(1)(i) of this section by 0.10 

(in 2013, $60,146 × 0.10 = $6,015 if the 

applicable system is certified, or 

$45,746 × 0.10 = $4,575 if the applicable 

system is not certified or performance 

appraisal does not apply); and 

(iii) Subtract the amount derived in 

paragraph (c)(1)(ii) of this section from 

the maximum rate of basic pay 

applicable under § 534.504 (in 2013, 

$179,700¥$6,015 = $173,685 if the 

applicable system is certified, or 

$165,300¥$4,575 = $160,725 if the 

applicable system is not certified or 

performance appraisal does not apply); 

* * * * * 

[FR Doc. 2014–28887 Filed 12–9–14; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

7 CFR Part 15c 

RIN 0503–AA57 

Nondiscrimination on the Basis of Age 

in Programs or Activities Receiving 

Federal Financial Assistance From the 

U.S. Department of Agriculture 

AGENCY: U.S. Department of Agriculture. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Department of 

Agriculture (USDA) seeks to issue a 

Department-wide regulation to 

implement the Age Discrimination Act 

of 1975, as amended (‘‘Age Act’’), and 

the Government-wide age 

discrimination regulation promulgated 

by the U.S. Department of Health and 

Human Services (HHS). The Age Act 

and HHS regulations prohibit age 

discrimination in programs and 

activities receiving Federal financial 

assistance. The proposed rule intends to 

ensure compliance with the Age Act 

and HHS regulations and provide 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

73246 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Proposed Rules 

1All references to EPCA in this document refer 

to the statute as amended through the American 

guidance to USDA agencies, employees, 

recipients, and beneficiaries on Age Act 

requirements. In the final rule section of 

this issue of the Federal Register, USDA 

is publishing this action as a direct final 

rule without prior proposal because 

USDA views this as a non-controversial 

action and expects no adverse 

comments. If no adverse comments are 

received in response to the direct final 

rule, no further action will be taken on 

this proposed rule, and the action will 

become effective at the time specified in 

the direct final rule. If USDA receives 

adverse comments, a timely document 

will be published withdrawing the 

direct final rule, and all public 

comments received will be addressed in 

a subsequent final rule based on this 

action. 

DATES: Comments on this proposed 

action must be received by USDA or 

carry a postmark or equivalent no later 

than January 9, 2015. 

ADDRESSES: Submit adverse comments 

on the proposed rule to Anna G. 

Stroman, Chief, Policy Division, by mail 

at Office of the Assistant Secretary for 

Civil Rights, 1400 Independence 

Avenue SW., Washington, DC 20250. 

You may also submit adverse comments 

on the Federal eRulemaking Portal at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Anna Stroman at anna.stroman@

ascr.usda.gov. 

SUPPLEMENTARY INFORMATION: See 

SUPPLEMENTARY INFORMATION in the 

direct final rule located in the Rules and 

Regulations section of this issue of the 

Federal Register. 

Dated: November 17, 2014. 

Thomas J. Vilsack, 

Secretary. 

[FR Doc. 2014–28453 Filed 12–9–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket No. EERE–2013–BT–STD–0006] 

RIN 1904–AC55 

Energy Conservation Standards for 

Commercial and Industrial Fans and 

Blowers: Availability of Provisional 

Analysis Tools 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of data availability. 

SUMMARY: The U.S. Department of 

Energy (DOE) has completed a 

provisional analysis that estimates the 

potential economic impacts and energy 

savings that could result from 

promulgating a regulatory energy 

conservation standard for commercial 

and industrial fans and blowers. At this 

time, DOE is not proposing an energy 

conservation standard for commercial 

and industrial fans and blowers. DOE is 

publishing this analysis and the 

underlining assumptions and 

calculations, which may be used to 

ultimately support a proposed energy 

conservation standard, for stakeholder 

review. DOE encourages stakeholders to 

provide any additional data or 

information that may improve the 

analysis. 

DATES: Comments: DOE will accept 

comments, data, and information 

regarding this notice of data availability 

(NODA) no later than January 26, 2015. 

ADDRESSES: The analysis is now 

publically available at: http:// 

www1.eere.energy.gov/buildings/

appliance_standards/rulemaking.aspx/

ruleid/25. Any comments submitted 

must identify the NODA for Energy 

Conservation Standards for commercial 

and industrial fans and blowers, and 

provide docket number EERE–2013– 

BT–STD–0006 and/or regulatory 

information number (RIN) number 

1904–AC55. Comments may be 

submitted using any of the following 

methods: 

1. Federal Rulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: CIFB2013STD0006@

ee.doe.gov. Include the docket number 

and/or RIN in the subject line of the 

message. 

3. Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

compact disc (CD), in which case it is 

not necessary to include printed copies. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Office, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD, in which case 

it is not necessary to include printed 

copies. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section IV, ‘‘Public Participation.’’ 

Docket: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/

materials, is available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

not all documents listed in the index 

may be publicly available, such as 

information that is exempt from public 

disclosure. A link to the docket Web 

page can be found at: http:// 

www.regulations.gov/

#!docketDetail;D=EERE-2013-BT-STD0006. The www.regulations.gov Web 

page contains instructions on how to 

access all documents in the docket, 

including public comments. See section 

IV, ‘‘Public Participation,’’ for further 

information on how to submit 

comments through 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ron Majette, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–7935. Email: 

CIFansBlowers@ee.doe.gov. 

Mr. Peter Cochran, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9496. Email: 

peter.cochran@hq.doe.gov. 

For further information on how to 

submit a comment and review other 

public comments and the docket, 

contact Ms. Brenda Edwards at (202) 

586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. History of Energy Conservation Standards 

Rulemaking for Commercial and 

Industrial Fans and Blowers 

II. Current Status 

III. Summary of the Analyses Performed by 

DOE 

A. Energy Metric 

B. Engineering Analysis 

C. Manufacturer Impact Analysis 

D. Life-Cycle Cost and Payback Period 

Analyses 

E. National Impact Analysis 

IV. Public Participation Submission of 

Comments 

V. Issues on Which DOE Seeks Public 

Comment 

I. History of Energy Conservation 

Standards Rulemaking for Commercial 

and Industrial Fans and Blowers 

Title III of the Energy Policy and 

Conservation Act of 1975 (42 U.S.C. 

6291, et seq; ‘‘EPCA’’), Pub. L. 94–163, 

sets forth a variety of provisions 

designed to improve energy efficiency.1

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