Unknown. Final rule

3,642 words·~17 min read·/register/2000/07/07/00-17125·

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-2000-07-07.xml --- 65 131 Friday, July 7, 2000 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Grants and cooperative agreements; availability, etc.: Family Friends/Volunteer Senior Aides

(VSA)projects; training and technical assistance, 42002 00-17175 Agriculture Agriculture Department See Federal Crop Insurance Corporation See Forest Service NOTICES Emergency declarations: California— Glassy-winged sharpshooter, 41930 00-17151 Air Force Air Force Department NOTICES Agency information collection activities: Proposed collection; comment request, 41967-41968 00-17213 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention PROPOSED RULES Coal mine safety and health: Respirable coal mine dust; concentration determination, 42067-42122, 00-14075 42184-42186 00-17129 NOTICES Agency information collection activities: Submission for OMB review; comment request, 00-17227 42003-42004 00-17228 Grants and cooperative agreements; availability, etc.: Human immunodeficiency virus (HIV)— Control and prevention; related applied research, 42004-42006 00-17178 Faith Communities in Countries Targeted by the Leadership and Investment in Fighting the Epidemic

(LIFE)Initiative; program development & technical assistance, 42006-42008 00-17179 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.: Administration for Native Americans, 42008-42014 00-17204 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 41941-41942 00-17233 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Pakistan, 41961-41962 00-17160 Singapore, 41962 00-17161 Commodity Commodity Futures Trading Commission NOTICES Meetings: Agricultural Advisory Committee, 41962 00-17132 Comptroller Comptroller of the Currency NOTICES Agency information collection activities: Submission for OMB review; comment request, 42062-42063 00-17232 Consumer Consumer Product Safety Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 41962-41963 00-17131 Corporation Corporation for National and Community Service NOTICES Grants and cooperative agreements; availability, etc.: AmeriCorps* VISTA programs— Higher education and non-profit service-learning programs, 41963-41966 00-17152 Customs Customs Service NOTICES Tariff-rate quotas: Tuna fish, 42063 00-17137 Defense Defense Department See Air Force Department NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Proposed collection; comment request, 00-17238 41966-41967 00-17239 00-17240 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 00-17141 41968-41969 00-17142 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 42032-42034 00-17022 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality planning purposes; designation of areas: Ohio and Kentucky; correction, 42064 C0-15294 PROPOSED RULES Water supply: Underground injection control program— Class I municipal wells in Florida, 42233-42245 00-16753 NOTICES Air programs: State implementation plans; adequacy status for transportation conformity purposes— Colorado, 41981-41982 00-17191 Environmental statements; availability, etc.: Agency statements— Comment availability, 41982-41983 00-17272 Weekly receipts, 41982 00-17271 Meetings: Technical workshop on issues associated with considering developmental changes in behavior and anatomy when assessing exposure to children, 41983-41984 00-17189 Pesticide, food, and feed additive petitions: AgriVir, LLC, 41984-41988 00-17072 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: McDonnell Douglas, 41869-41871 00-16926 Saab, 41871-41873 00-16924 PROPOSED RULES Airworthiness directives: Rolls-Royce, plc, 41884-41885 00-17230 NOTICES Advisory circulars; availability, etc.: Aircraft— Part 25 airplanes; Terrain Awareness and Warning System (TAWS), 42053-42058 00-17243 Transport category airplanes; design cruise speed and design dive speed, 42058 00-17244 FCC Federal Communications Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 41988-41989 00-17250 00-17251 Meetings: Specialized mobil radio service in the general category band (851-854 MHz) and upper band (861-865 MHz) pre-auction seminar, 41989 00-17252 Rulemaking proceedings; petitions filed, granted, denied, etc., 41990 00-17253 Federal Crop Federal Crop Insurance Corporation NOTICES Crop revenue coverage: Canola/rapeseed, corn, feed barley, soybeans, sunflowers, spring wheat, and winter wheat, 41930-41937 00-17149 Corn, grain sorghum, soybeans, cotton, rice, and wheat, 41937-41940 00-17150 Federal Energy Federal Energy Regulatory Commission RULES Natural Gas Policy Act: Interstate natural gas pipelines— Business practice standards, 41873-41874 00-17162 PROPOSED RULES Natural Gas Policy Act: Interstate natural gas pipelines— Business practice standards, 41885-41891 00-17163 NOTICES Electric rate and corporate regulation filings: Central Hudson Gas & Electric Corp., et al., 41972-41975 00-17210 CinCap VI, LLC, et al., 41976-41978 00-17211 JPower, Inc., et al., 41978 00-17165 Merchant Energy Group of the Americas, Inc., et al., 41978-41981 00-17164 Meetings: Williams Gas Pipelines Central, Inc.; settlement conference, new location, 41981 00-17212 Reports and guidance documents; availability, etc.: Off-the-record communications, 41981 00-17171 *Applications, hearings, determinations, etc.:* Consumers Energy Co., 41969 00-17170 Delmarva Power & Light Co., 41969-41970 00-17167 New York Independent System Operator, Inc., 41970 00-17321 Panda Perkiomen Power, L.P., 41970-41971 00-17169 UtiliCorp United, Inc., 41971 00-17168 Vermont Yankee Nuclear Power Corp., et al., 41971 00-17172 Williams Gas Pipelines Central, Inc., 41971 00-17166 Federal Highway Federal Highway Administration PROPOSED RULES Statewide and metropolitan transportation planning; extension, 41891-41892 00-17158 Transportation decisionmaking procedures; public parks, wildlife, and waterfowl refuges, and historic sites protection, 41892 00-17159 NOTICES Environmental statements; notice of intent: Albany County, NY, 42058-42059 00-17220 Federal Reserve Federal Reserve System NOTICES Meetings; Sunshine Act, 41990 00-17290 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 41990-41995 00-17225 00-17226 Prohibited trade practices: BUY.COM Inc., 41995-41997 00-17222 Office Depot, Inc., 41997-41998 00-17223 Swisher International, Inc., et al., 41998-42000 00-17221 Value America, Inc., 42000-42002 00-17224 Federal Transit Federal Transit Administration PROPOSED RULES Statewide and metropolitan transportation planning; extension, 41891-41892 00-17158 Transportation decisionmaking procedures; public parks, wildlife, and waterfowl refuges, and historic sites protection, 41892 00-17159 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Zayante band-winged grasshopper, 41917-41929 00-17259 NOTICES Endangered and threatened species permit applications, 42024-42025 00-17173 00-17262 Environmental statements; availability, etc.: Incidental take permits— Travis County, TX; golden-cheeked warbler, 42025 00-17229 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Salinomycin, bacitracin methylene disalicylate, roxarsone, 41876-41877 00-17196 Food additives: Adjuvants, production aids, and sanitizers— 1,6-hexanediamine, etc., 41874-41876 00-17203 NOTICES Food additive petitions: Milliken & Co. et al., 42014-42017 00-17199 Human drugs: New drug applications— Caramiphen edisylate; refusal, 42017 00-17197 Isosobine dinitrate; approval withdrawn, 42018-42019 00-17198 Reports and guidance documents; availability, etc.: Impurities in new veterinary drug substances, 42020-42021 00-17201 Impurities in new veterinary medicinal products, 42019-42020 00-17200 Foreign Foreign Assets Control Office NOTICES Agency information collection activities: Proposed collection; comment request, 42063 00-17126 Forest Forest Service NOTICES Meetings: Willamette Provincial Advisory Committee, 41941 00-17176 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Proposed collection; comment request, 00-17238 41966-41967 00-17239 00-17240 Geological Geological Survey NOTICES Grants and cooperative agreements; availability, etc.: Williamson & Associates; other parties invited, 42025-42026 00-17215 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Care Financing Administration See Health Resources and Services Administration Health Health Care Financing Administration NOTICES Agency information collection activities: Proposed collection; comment request, 42021-42022 00-17214 Meetings: Medicare Program; Hospital Outpatient Prospective Payment System (PPS), 42022 00-17136 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Competitive grant programs; comprehensive review, 42189-42231 00-16874 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 42023-42024 00-16961 Section 202 projects; assisted living conversion program; correction, 42064 C0-6572 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See Minerals Management Service See National Park Service See Reclamation Bureau International International Trade Administration NOTICES Antidumping: Tapered rollered bearings and parts, finished and unfinished, from— China, 41945-41950 00-17246 Antidumping and countervailing duties: Administrative review requests, 41942-41944 00-17247 Five-year (sunset) reviews— Final results and revocations, 41944 00-17249 Countervailing duties: Grain-oriented electrical steel from— Italy, 41950-41957 00-17248 Scope rulings; list, 41957-41960 00-17245 International International Trade Commission NOTICES Import investigations: Steel concrete reinforcing bars from— Various countries, 42029-42030 00-17261 Justice Justice Department NOTICES Pollution control; consent judgments: Mobil Oil Corp., 42030-42031 00-17219 Labor Labor Department See Employment Standards Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration See Pension and Welfare Benefits Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 42031-42032 00-17234 Land Land Management Bureau NOTICES Committees; establishment, renewal, termination, etc.: Resource Advisory Councils, 42026 00-17135 Meetings: Resource Advisory Councils— Eastern Montana, 42027 00-17217 New Mexico, 42026-42027 00-17180 Recreation management restrictions, etc.: Off-highway-vehicles; national strategy, 42027 00-17216 Legal Legal Services Corporation RULES Timekeeping requirement, 41879-41882 00-17130 Minerals Minerals Management Service PROPOSED RULES Outer Continental Shelf; oil, gas, and sulphur operations: Decommissioning activities, 41892-41903 00-17032 Royalty management: Indian leases; gas valuation regulations; amendments Correction, 42064 C0-15201 Mine Mine Safety and Health Administration PROPOSED RULES Coal mine safety and health: Respirable coal mine dust; concentration determination, 42067-42122 00-14075 42184-42186 00-17129 Samples used to determine respirable dust level; procedures revocation, 42121-42185 00-16149 Underground coal mine operators’ dust control plans and compliance sampling for respirable dust, 42185-42187 00-17128 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Proposed collection; comment request, 00-17238 41966-41967 00-17239 00-17240 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pollock, 41883 00-17231 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 41960 00-17268 National Estuarine Research Reserve System, 41960-41961 00-17157 National Park National Park Service NOTICES National Register of Historic Places: Pending nominations, 42028 00-17267 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; notice of intent: Northeast Nuclear Energy Co., 42038 00-17205 *Applications, hearings, determinations, etc.:* Baltimore Gas and Electric Co., 42036-42038 00-17206 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities: Proposed collection; comment request, 42034-42035 00-17266 Reporting and recordkeeping requirements, 42035-42036 00-17263 00-17264 00-17265 Patent Patent and Trademark Office PROPOSED RULES Freedom of Information Act and Privacy Act; implementation, 41903-41917 00-17031 Pension Pension and Welfare Benefits Administration NOTICES Employee benefit plans; prohibited transaction exemptions: Bank of Oklahoma, et al., 42247-42271 00-17065 Personnel Personnel Management Office RULES Excepted service: Persons with psychiatric disabilities; appointments, 41867-41868 00-17125 Pay administration: Payments during evacuation, 41868-41869 00-17193 Postal Postal Service RULES Domestic Mail Manual: SAVE verification procedures and revisions; First-Class and Standard Mail

(A)automation letter mail; combined postage payment standards, 41877-41879 00-17094 Presidential Presidential Documents PROCLAMATIONS *Special observances:* ADA Month, Spirit of the (Proc. 7327), 41865-41866 00-17386 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.: Colorado River interim surplus criteria, 42028-42029 00-17194 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC; correction, 42064 C0-13004 Boston Stock Exchange, Inc., 42041-42048 00-17148 Chicago Stock Exchange, Inc., 42048-42049 00-17146 00-17147 Government Securities Clearing Corp., 42051-42052 00-17144 National Securities Clearing Corp.; correction, 42065 C0-14253 New York Stock Exchange, Inc., 42052-42053 00-17145 Pacific Exchange, Inc.; correction, 42064 C0-12272 *Applications, hearings, determinations, etc.:* First Allmerica Financial Life Insurance Co. et al.; correction, 42065 C0-12132 Valley Forge Life Insurance Co. et al.; correction, 42065 C0-11960 Van Kampen Funds Inc. and Van Kampen Focus Portfolios, 42038-42041 00-17143 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Arkansas and Missouri Railroad Co., 42059 00-17122 Puget Sound & Pacific Railroad Co., 42059 00-17121 Wisconsin Central Ltd., 42059-42060 00-16859 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Customs Service See Foreign Assets Control Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 42060-42062 00-17235 00-17236 00-17237 Separate Parts In This Issue Part II Department of Labor, Mine Safety and Health Administration, and Department of Health and Human Services, Centers for Disease Control, 42067-42187 00-14075 00-16149 00-17128 00-17129 Part III Department of Health and Human Services, Health Resources and Services Administration, 42189-42231 00-16874 Part IV Environmental Protection Agency, 42233-42245 00-16753 Part V Department of Labor, Pension and Welfare Benefits Administration, 42247-42271 00-17065 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. 65 131 Friday, July 7, 2000 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR PARTS 3, 213, 315 RIN 3206-AI94 Appointments of Persons With Psychiatric Disabilities AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing final regulations creating a new Governmentwide excepted appointing authority, with noncompetitive conversion to the competitive service authorized by Executive Order 13124, for persons with psychiatric disabilities. The regulations also abolish two excepted service appointing authorities that relate to persons with psychiatric disabilities, and make technical corrections. EFFECTIVE DATES: August 7, 2000. *Conformity date:* For all new appointments under 5 CFR 213.3102(gg), agencies may begin to use the authority on August 7, 2000. All individuals who are currently serving under the 2 authorities that will be abolished by this regulation, 5 CFR 213.3102(h) and 213.3202(k), must be converted to the new appointment, 5 CFR 213.3102(gg), by January 3, 2001. FOR FURTHER INFORMATION CONTACT: John Riedel-Alvarez or Kitty Kobert on

(202)606-1059, TTY

(202)606-0023, or FAX

(202)606-0927. SUPPLEMENTARY INFORMATION: The Presidential Task Force on Employment of Adults with Disabilities was created in 1998 to address the underemployment of people with disabilities. Its first report, “Recharting the Course,” recommended that OPM look into paralleling the excepted service hiring standards of adults with psychiatric disabilities with the excepted service hiring standards of individuals with mental retardation and severe physical disabilities. After careful review of the standards, we agreed they all should be the same. As a result, we issued proposed regulations on March 17, 2000, to amend the Civil Service Rules to reflect Executive Order 13124, June 4, 1999, permitting persons with psychiatric disabilities to be converted to the competitive service after 2 years of satisfactory service. In order to ensure that as many people with psychiatric disabilities are covered as possible, we proposed creating a new excepted service appointing authority for persons with psychiatric disabilities. To avoid confusion and duplication, we also proposed abolishing 2 existing excepted service appointing authorities for persons with psychiatric disabilities that were not broadly defined. We received comments on the regulations from 4 Federal agencies, 2 advocacy organizations, 1 State agency, and 1 individual. Comments One Federal agency was confused about how the authority will be implemented based on the proposed wording. Specifically, it was unclear whether those who have certification in subparagraph

(2)are the only ones eligible for noncompetitive conversion. It was also unclear whether temporary appointments may be made under the

(gg)authority. Therefore, we are revising the authority to clarify a number of items as follows:

(1)We are eliminating the subparagraphs to make it clear that either individuals who served under temporary appointments or those who receive certification may be appointed under the

(gg)authority. After 2 years of satisfactory service under the authority, they are eligible for noncompetitive conversion to the competitive service.

(2)On the effective date of this regulation, and through an OPM Notice of Policy Information (being issued concurrently and available on OPM's website, *www.opm.gov* ), agencies may use 5 CFR 213.3102(i)(3) to make temporary appointments of persons with psychiatric disabilities. These temporary appointments may be used to fulfill the requirements of the new

(gg)authority. [Temporary appointments are defined for the excepted service in 5 CFR 213.104(a)(1).] This flexibility, and adding the language to (gg), will make it clear that temporary appointments are not authorized under (gg), but under (i)(3).

(3)We are also clarifying that noncompetitive conversion of those who have 2 years of satisfactory performance under

(gg)is at the discretion of the agency, rather than a right of the individual. One Federal agency suggested that time under temporary appointments is permissible for noncompetitive conversion to a permanent position in the competitive service, changing the conversion requirement in 5 CFR 315.709. We did not adopt this suggestion. There is no basis for a contention that temporary status in the excepted service confers permanent status in the competitive service. Two advocacy organizations favored language found in the ADA that refers to certifying individuals under the (gg). We agree it is hard to assess and certify that an individual with a psychiatric illness is “likely to succeed in the performance of duties.” Instead, we will use the language suggested by the 2 organizations. Two advocacy organizations also suggested adding community rehabilitation programs to the list of those who may certify individuals with psychiatric disabilities. We are not changing the authority at this time; we want to research this further before adopting it as an option for agencies. One Federal agency recommended that OPM add language to describe how the disabilities are evidenced, similar to language in the abolished 5 CFR 213.3202(k). We believe a better place to provide more information is in the “People with Disabilities in the Federal Government—An Employment Guide.” OPM will update this resource guide to add more information for agencies on psychiatric disabilities. Implementation Agencies must move those who are currently serving under the soon-to-be-abolished 5 CFR 213.3102(h) and 5 CFR 213.3202(k) authorities to the new authority, 5 CFR 213.3102(gg), as soon as possible. Those individuals may serve the remaining time under the

(gg)and be eligible for noncompetitive conversion. A current employee's service under 5 CFR 213.3102(h) or 5 CFR 3202(k) will count toward the 2- year period needed for noncompetitive conversion. OPM's Guide to Personnel Data Standards and The Guide to Processing Personnel Actions will be updated to reflect the new changes. These Guides are available on OPM's website, www.opm.gov. 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. E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. List of Subjects in 5 CFR Parts 3, 213, and 315 Government employees. Office of Personnel Management. Janice R. Lachance, Director. Accordingly, OPM is amending parts 3, 213, and 315 of title 5, Code of Federal Regulations, as follows: PART 3—NONCOMPETITIVE ACQUISITION OF STATUS (RULE III) 1. The authority citation for part 3 continues to read as follows: Authority: 5 U.S.C. 3301, 3302. 2. In § 3.1, paragraph (b)(3) is added to read as follows: § 3.1 Classes of persons who may noncompetitively acquire status.

(b)* * *

(3)An employee with a psychiatric disability who completes at least 2 years of satisfactory service in a position excepted from the competitive service. PART 213—EXCEPTED SERVICE 3. The authority citation for part 213 continues to read as follows: Authority: 5 U.S.C. 3301 and 3302, E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; § 213.101 also issued under 5 U.S.C. 2103; § 213.3102 also issued under 5 U.S.C. 3301, 3302, 3307, 8337(h) and 8456; E.O. 12364, 47 FR 22931, 3 CFR 1982 Comp., p. 185; 38 U.S.C. 4301 *et seq.* , and Pub. L. 105-339. 4. In § 213.3102, paragraph

(h)is removed and reserved. Paragraph

(gg)is added to read as follows: § 213.3102 Entire executive civil service.

(gg)Positions when filled by persons with psychiatric disabilities who have demonstrated their ability to perform satisfactorily under a temporary appointment [such as one authorized in 213.3102(i)(3)] or who are certified as likely to be able to perform the essential functions of the job, with or without reasonable accommodation, by a State vocational rehabilitation counselor, a U.S. Department of Veterans Affairs Veterans Benefits Administration or Veterans Health Administration psychologist, vocational rehabilitation counselor, or psychiatrist. Upon completion of 2 years of satisfactory service under this authority, the employee can be converted, at the discretion of the agency, to competitive status under the provisions of Executive Order 12125 as amended by Executive Order 13124. 5. In § 213.3202, paragraph

(k)is removed and reserved. PART 315—CAREER AND CAREER-CONDITIONAL EMPLOYMENT 6. The authority citation for part 315 continues to read as follows: Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218, unless otherwise noted. Secs. 315.601 and 315.609 also issued under 22 U.S.C. 3651 and 3652. Secs. 315.602 and 315.604 also issued under 5 U.S.C. 1104. Sec. 315.603 also issued under 5 U.S.C. 8151. Sec. 315.605 also issued under E.O. 12034, 3 CFR, 1978 Comp., p. 111. Sec. 315.606 also issued under E.O. 11219, 3 CFR, 1964-1965 Comp., p. 303. Sec. 315.607 also issued under 22 U.S.C. 2506. Sec. 315.608 also issued under E.O. 12721, 3 CFR, 1990 Comp., p. 293. Sec. 315.610 also issued under 5 U.S.C. 3304(d). Sec. 315.611 also issued under Section 511, Pub. L. 106-117. Sec. 315.710 also issued under E.O. 12596, 3 CFR, 1987 Comp., p. 229. Subpart I also issued under 5 U.S.C. 3321, E.O. 12107, 3 CFR, 1978 Comp., p. 264. 7. Section 315.709 is amended by revising the section heading, the introductory text of paragraph (a), and paragraphs (a)(1), and (b)(2) to read as follows: § 315.709 Employees who are mentally retarded, severely physically handicapped, or have psychiatric disabilities serving under Schedule A appointments.

(a)*Coverage. * Employees appointed under §§ 213.3102(t), (u), and

(gg)of this chapter may have their appointments converted to career or career-conditional appointments when they:

(1)Complete 2 or more years of satisfactory service, without a break of more than 30 days, under nontemporary Schedule A appointments.

(b)* * *

(2)A career employee if he or she has completed 3 years of substantially continuous service in nontemporary appointments under §§ 213.3102(t), (u), or

(gg)of this chapter, or has otherwise completed the service requirement for career tenure, or is excepted from it by § 315.201(c). [FR Doc. 00-17125 Filed 7-3-00; 11:20 am]

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