Unknown. Interim regulations with request for comments

2,880 words·~13 min read·/register/2000/04/12/00-8838

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-04-12.xml --- 65 71 Wednesday, April 12, 2000 Contents Agricultural Agricultural Marketing Service RULES Olives grown in— California, 00-9038 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Proposed collection; comment request, 00-9045 Submission for OMB review; comment request, 00-9046 Children Children and Families Administration See Refugee Resettlement Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 00-9011 Coast Guard Coast Guard NOTICES Meetings: High-speed commercial vessel traffic management, 00-9116 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Nepal, 00-9043 Consumer Consumer Product Safety Commission RULES Flammable Fabrics Act: Children's sleepwear (sizes 0-6X and 7-14); flammability standards; laundering procedure Correction, C0-5531 NOTICES Federal Hazardous Substances Act: Candle wicks containing lead and candles containing such wicks; petition requesting ban, 00-9013 Meetings: Commission agenda and priorities/Government Performance and Results Act; hearing, 00-9012 Defense Defense Department See Navy Department RULES Acquisition regulations:

Utility privatization Correction, C0-766 NOTICES Agency information collection activities: Proposed collection; comment request, 00-9062 Grants and cooperative agreements; availability, etc.: New Challenge Program, 00-9061 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Ethoxylated propoxylated (C12-C15) alcohols Correction, 00-8264 Water pollution control:

Water quality standards— Human health and aquatic life water quality criteria applicable to Rhode Island, Vermont, District of Columbia, Kansas, and Idaho; withdrawn, 00-8957 PROPOSED RULES Freedom of Information Act; implementation, 00-8837 NOTICES Agency information collection activities: Proposed collection; comment request, 00-9094 Reporting and recordkeeping requirements, 00-9095 Air quality; prevention of significant deterioration (PSD): Knauf Fiberglass, GmbH, Shasta Lake, CA, 00-9096 Confidential business information and data transfer, 00-8960 Meetings:

State FIFRA Issues Research and Evaluation Group, 00-9098 Pesticide, food, and feed additive petitions: American Cyanamid Co., 00-8959 LignoTech USA, Inc., 00-9099 Pesticide programs: Pesticide data submitter rights for data submitted in support of tolerance actions; paper availability, 00-9097 Water pollution control: Total maximum daily loads— Mermentau and Vermilion/Teche river basin, LA; determinations that TMDLs are not needed, 00-9093 FAA Federal Aviation Administration RULES Federal airways; correction, C0-2771 PROPOSED RULES Class E airspace, 00-8968, 00-8969, 00-8970 FCC Federal Communications Commission RULES Common carrier services:

Local competition and broadband reporting program, 00-9187 PROPOSED RULES Common carrier services: Incumbent local exchange carriers; depreciation requirements review; 1998 biennial regulatory review, 00-9230 NOTICES Meetings; Sunshine Act, 00-9120 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Various States, 00-9066, 00-9067, 00-9068 PROPOSED RULES Flood elevation determinations: Various States, 00-9065 NOTICES Disaster loan areas:

Alaska, 00-9069 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Tucson Electric Power Co. et al., 00-9029 *Applications, hearings, determinations, etc.:* Natural Gas Pipeline Co. of America, 00-9032 New York State Electric & Gas Corp., 00-9030 Portland General Electric Co. et al.; correction, C0-7024 Public Utilities Commisson of State of California, 00-9031 Trailblazer Pipeline Co., 00-9033 TransColorado Gas Transmission Co., 00-9034 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Prince George's and Charles Counties, MD, 00-9026 Grants and cooperative agreements; availability, etc.: Ferry Boat Discretionary Program, 00-9080 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 00-9100 Ocean transportation intermediary licenses: CPS International Inc. et al., 00-9101 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 00-9055 FTC Federal Trade Commission NOTICES Prohibited trade practices:

CMO Distribution Centers of America, Inc., et al., 00-9074 EHP Products, Inc., et al., 00-9075 Miller, Michael D., 00-9076 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service RULES Federal management services: Automated Clearing House; Federal agencies participation Correction, C0-8636 Fish Fish and Wildlife Service RULES Endangered and threatened species: Santa Ana sucker, 00-8999 PROPOSED RULES Endangered and threatened species: Holmgren milk-vetch and Shivwits milk-vetch, 00-9070 Food Food and Drug Administration RULES Medical devices:

Gastroenterology-urology devices— Penile inflatable implant; premarket approval requirement, 00-9002 NOTICES Grants and cooperative agreements; availability, etc.: Innovative food safely projects, 00-9063 Harmonisation International Conference; guidelines availability: Clinical investigation of medicinal products in pediatric population, 00-9064 Meetings: Cardiovascular and Renal Drugs Advisory Committee, 00-9003 Forest Forest Service NOTICES Environmental statements; notice of intent:

Gallitin National Forest, MT, 00-9015 GSA General Services Administration NOTICES Acquisition regulations: Allotment of pay (OF 212); cancellation, 00-9039 Harry S. Truman Harry S. Truman Scholarship Foundation NOTICES Meetings; Sunshine Act, 00-9211 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Care Financing Administration See Refugee Resettlement Office See Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 00-9010 Health Health Care Financing Administration NOTICES Agency information collection activities: Proposed collection; comment request, 00-9017, 00-9018, 00-9019 Submission for OMB review; comment request, 00-9119 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service PROPOSED RULES Income taxes: Source of compensation for labor or personal services Hearing cancellation, 00-9004 NOTICES Agency information collection activities:

Proposed collection; comment request, 00-9005, 00-9006, 00-9007, 00-9008, 00-9009 International International Trade Administration NOTICES Antidumping: Tin mill products from— Japan, 00-9106 Antidumping and countervailing duties: Administrative review requests, 00-9107 Countervailing duties: Cut-to-length carbon steel plate from— Germany, 00-9105 International International Trade Commission NOTICES Import investigations: Polyester staple fiber from— Korea and Taiwan, 00-9114 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Eastern Washington; field tour, 00-9049 Public land orders: Colorado, 00-9020 Montana, 00-9021 Withdrawal of public lands: California, 00-9022 Maritime Maritime Administration NOTICES Agency information collection activities: Proposed collection; comment request, 00-9042 NASA National Aeronautics and Space Administration RULES Freedom of Information Act; implementation; technical amendment, 00-8769 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities:

Proposed collection; comment request, 00-9041 National Institute National Institute of Standards and Technology NOTICES Agency information collection activities: Proposed collection; comment request, 00-9053 Submission for OMB review; comment request, 00-9054 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Shark, 00-9071 National Park National Park Service NOTICES Native American human remains and associated funerary objects:

Peabody Museum of Archaeology and Ethnology, MA— Memorial totem pole bearing Brown Bear crest from Old Cape Fox village, AK, 00-8997 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 00-9016 Nuclear Nuclear Regulatory Commission NOTICES Decommissioning plans; sites: Commonwealth Edison Co.; Zion Nuclear Power Station, Units 1 and 2, IL, 00-9060 Environmental statements; notice of intent: Southern Nuclear Operating Co., 00-9058 Regulatory guides; issuance, availability, and withdrawal, 00-9059 Occupational Occupational Safety and Health Administration PROPOSED RULES Occupational safety and health standards:

Ergonomics program Hearings, 00-9000 Personnel Personnel Management Office RULES Pay administration: Dual compensation reductions for military retirees; repeal, 00-8838 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Railroad Railroad Retirement Board RULES Railroad Unemployment Insurance Act: Sickness and unemployment benefits; waiting period shortened, etc., 00-9025 Refugee Refugee Resettlement Office NOTICES Grants and cooperative agreements; availability, etc.:

Refugee microenterprise development, 00-9113 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act; correction, C0-7515 Self-regulatory organizations; proposed rule changes: Depository Trust Co., 00-9079 National Securities Clearing Corp., 00-9078 *Applications, hearings, determinations, etc.:* Manufacturers Life Insurance Co. of America et al., 00-9037 State State Department NOTICES Meetings: Arms Control and Nonproliferation Advisory Board, 00-9081 International Communications and Information Policy Advisory Committee, 00-9102 International Economic Policy Advisory Committee, 00-9103 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 00-9108 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Grand Trunk Western Railroad Inc. et al., 00-8946 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Fiscal Service See Internal Revenue Service NOTICES Agency information collection activities:

Proposed collection; comment request, 00-9027, 00-9028 Veterans Veterans Affairs Department RULES National Service Life Insurance: Premium payment; clarification Correction, 00-9035 NOTICES Agency information collection activities: Submission for OMB review; comment request, 00-9115 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. 65 71 Wednesday, April 12, 2000 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 550 and 553 RIN 3206-AI92 Repeal of Dual Compensation Reductions for Military Retirees AGENCY:

Office of Personnel Management. ACTION: Interim regulations with request for comments. SUMMARY: The Office of Personnel Management

(OPM)is issuing interim regulations to implement the repeal of reductions in military retired or retainer pay required of some military retirees employed in civilian positions. Section 651 of the National Defense Authorization Act for Fiscal Year 2000 repeals section 5532 of title 5, United States Code, effective October 1, 1999. This Act repeals two reductions in military retired or retainer pay previously required of some retired members of the uniformed services when they became Federal employees. DATES: These regulations are effective April 12, 2000. Comments must be received by June 12, 2000. ADDRESSES: Send written comments to Mary Lou Lindholm, Associate Director for Employment, Office of Personnel Management, Room 6500, 1900 E Street, NW., Washington, DC 20415-9500. FOR FURTHER INFORMATION CONTACT: Laurence T. Lorenz on

(202)606-0830, FAX

(202)606-0390, or e-mail ltlorenz@opm.gov. SUPPLEMENTARY INFORMATION: Background On October 5, 1999, President Clinton signed S. 1059, the National Defense Authorization Act for Fiscal Year 2000, Public Law 106-65. Section 651 of this Act repeals section 5532 of title 5, United States Code, effective retroactively to October 1, 1999. This action ended two reductions in retired or retainer pay previously required of retired members of a uniformed service who are employed in civilian offices or positions of the U.S. Government. This repeal affects positions in the legislative, executive, and judicial branches of the Government of the United States (including Government corporations, nonappropriated fund instrumentalities under the jurisdiction of the armed forces, and the U.S. Postal Service). Two Reductions Ended This repeal ends the following two reductions in military retired pay that applied to some Federal employees who had retired from a uniformed service: 1. The pay cap that limited the combined total of Federal civilian basic pay plus military retired pay to $110,700 (Executive Level V) for all Federal employees who retired from a uniformed service; and 2. The partial reduction in retired pay required of retired officers of a regular component of a uniformed service. As a consequence of the repeal, exceptions and waivers to the reductions for military retirees approved by OPM under criteria in 5 CFR 553, or by agencies under delegated authority, are no longer needed. GPPA Revised The Guide to Processing Personnel Actions

(GPPA)prior to January 2, 2000 required sending a copy of the Notification of Personnel Action (SF-50) for retired members of a uniformed service to the appropriate uniformed service finance center for all covered personnel actions. OPM and the Department of Defense agreed that this Act eliminated the statutory basis for sending a copy of personnel actions effective on or after October 1, 1999. Accordingly, OPM eliminated this requirement in GPPA Update 33, dated January 2, 2000. Agencies should not send covered personnel actions for military retirees with effective dates on or after October 1, 1999. Service Credit and Preference Limitations Unchanged The repeal of 5 U.S.C. 5532 does not repeal two other parts of the Dual Compensation Act of 1964. This Act adopted a “fresh start” policy for military retirees and established limits on service credit and veterans' preference to ensure that military retirees did not receive unfair advantages in pay and tenure over civilian employees, including other veterans. As a result, unlike other former service members, retired members of a uniformed service generally cannot count their service time as creditable service for retention (RIF), annual leave accrual, and retirement purposes (see 5 U.S.C. 3501(a), 3502(a), 6303(a) and 8411(c)). On the other hand, retirement does not change a service member's entitlement to veterans' preference in the employment process. Reductions for Civilian Retirees Unchanged This repeal does not affect the reduction in salary required of reemployed civilian annuitants under the Civil Service Retirement System

(CSRS)and Federal Employees' Retirement System (FERS). Agencies may continue to request waivers of these reductions when appropriate under criteria in 5 CFR 553 and 5 U.S.C. 8344 or 8468. Employee Questions The uniformed services finance centers are responsible for making all adjustments in military retired or retainer pay. Employee questions regarding restoration of retired pay should be directed to the appropriate uniformed service finance center. These finance centers are identified in Chapter 8, of the Guide to Processing Personnel Actions, page 8-19, issued February 26, 1999 *[http://www.opm.gov/feddata/GPPA/Gppa.htm].* Waiver of Notice of Proposed Rulemaking and Delay in Effective Date Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists for waiving the general notice of proposed rulemaking because it would be contrary to the public interest to delay access to benefits provided by law. Also, pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists to waive the effective date and make this amendment effective in less than 30 days in order to implement immediately statutory language in Sec. 651 of the National Defense Authorization Act for Fiscal Year 2000, Public Law 106-65, that is effective retroactively to October 1, 1999. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities (including small businesses, small organizational units, and small governmental jurisdictions) because the regulations apply only to appointment procedures for certain employees in Federal agencies. Executive Order 12866, Regulatory Review This interim rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. List of Subjects 5 CFR Part 550 Administrative practice and procedure, Government employees, Claims, Wages. 5 CFR Part 553 Administrative practice and procedure, Government employees, Military Personnel, Retirement, Wages. Office of Personnel Management. Janice R. Lachance Director. Accordingly, OPM is amending parts 550 and 553 of title 5, Code of Federal Regulations, as follows: PART 550—PAY ADMINISTRATION (GENERAL) Subpart F—[Removed and Reserved] 1. The authority citation for subpart F continues to read as follows: Authority: 5 U.S.C. 5532. 2. Subpart F consisting of §§ 550.601, 550.602 and 550.603 is removed and reserved. PART 553—REEMPLOYMENT OF MILITARY AND CIVILIAN RETIREES TO MEET EXCEPTIONAL EMPLOYMENT NEEDS 3. The authority citation for part 553 is revised to read as follows: Authority: 5 U.S.C. 8344, 8468, Sec. 651, Pub. L. 106-65 (113 STAT. 664). 4. Section 553.101 is revised to read as follows: § 553.101 Applicability. This part applies to employment of civilian annuitants who would be subject to termination of annuity or annuity offset under 5 U.S.C. 8344 or 5 U.S.C. 8468. Agencies may request exceptions as provided in subpart B of this part from the reemployed annuitant provisions of 5 U.S.C. 8344 (for Civil Service Retirement System annuitants) or 8468 (for Federal Employees' Retirement System annuitants), as appropriate. 5. In § 553.102, paragraph

(c)is revised to read as follows: § 553.102 Definitions.

(c)Retiree, as used in this part refers to an annuitant as defined in paragraph

(b)of this section. 6. In § 553.103, paragraph

(b)is revised to read as follows: § 553.103 General policy.

(b)Application of exceptions. An exception to the salary offset provisions of 5 U.S.C. 8344 or 8468 authorized by OPM or an agency under this part applies only to the particular individual for whom it was authorized and only while that individual continues to serve in the same or a successor position. The exception terminates upon the individual's assignment to a different position unless a new exception is authorized under the provisions of this part. 7. In § 553.201, paragraph (c)(2), is revised to read as follows: § 553.201 Requesting OPM approval for reemployment without reduction in individual cases.

(c)* * *

(2)*Need for the individual's services.* The agency must show either that the individual is uniquely qualified for the emergency response work to be done or that the number of positions to be filled and/or urgency of response justifies making the particular appointment without further delay. OPM will not approve reemployment without penalty under 5 U.S.C. 8344, or 8468 solely to meet normal seasonal workload fluctuations. 8. In § 553.203, paragraph

(b)is revised to read as follows: § 553.203 Status of individuals serving without reduction.

(b)*Retired members of the uniformed services.* Except for individuals to whom paragraph

(a)of this section is applicable, retired members of uniformed services are considered employees for the purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, subject to the same conditions as apply to any other employees. [FR Doc. 00-8838 Filed 4-11-00; 8:45 am]

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