Unknown. Interim rule with request for comments

3,235 words·~15 min read·/register/2000/07/19/00-18232

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-07-19.xml --- 65 139 Wednesday, July 19, 2000 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Special Emphasis Panels, 44790-44791 00-18146 Agriculture Agriculture Department See Food and Nutrition Service See Forest Service See Natural Resources Conservation Service Alcohol Alcohol, Tobacco and Firearms Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 44853-44857 00-18219 00-18220 00-18221 00-18222 00-18223 00-18224 00-18225 00-18226 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments:

Allied Waste Industries, Inc., et al., 44810-44820 00-18157 Baroid Corp. et al.; correction, 44858 C0-9746 Dairy Farmers of America et al., 44820-44829 00-18216 JDS Uniphase Corp. et al., 44829-44836 00-18158 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings: Public Rights-of-Way Access Advisory Committee, 44757-44758 00-18273 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.: Low Income Home Energy Assistance Program; 1999 FY funds reallotment, 44791 00-18141 Civil Civil Rights Commission NOTICES Meetings;

State advisory committees: Alaska, 44758 00-18167 Commerce Commerce Department See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 44758 00-18253 Consumer Consumer Product Safety Commission PROPOSED RULES Dive sticks, 44703-44709 00-18058 Corporation Corporation for National and Community Service NOTICES Agency information collection activities: Proposed collection; comment request, 44762 00-18211 Submission for OMB review; comment request, 44762-44763 00-18212 Defense Defense Department See Navy Department PROPOSED RULES Federal Acquisition Regulation (FAR):

Cost Accounting Standards administration; meeting, 44710 00-18252 NOTICES Agency information collection activities: Proposed collection; comment request, 44763-44764 00-18198 Submission for OMB review; comment request, 44764-44765 00-18193 00-18194 00-18195 00-18196 Meetings: Cost Accounting Standards; streamlining, 44765-44766 00-18251 Scientific Advisory Board, 44766 00-18192 Drug Drug Enforcement Administration RULES Freight forwarding facilities for DEA distributing registrants; establishment, 44674-44679 00-18147 NOTICES Schedules of controlled substances; production quotas:

Schedules I and II— Proposed 2000 aggregate, 44836-44838 00-18148 Employment Employment Standards Administration NOTICES Agency information collection activities: Proposed collection; comment request, 44838-44840 00-18217 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Foreign research reactor spent nuclear fuel; nuclear weapons nonproliferation policy, 44767-44768 00-18229 Meetings: Environmental Management Site-Specific Advisory Board— Oak Ridge Reservation, TN, 44768-44769 00-18228 Rocky Flats, CO, 44768 00-18227 Natural gas exportation and importation:

IGI Resources, Inc., et al., 44769-44770 00-18230 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Maryland, 44686-44690 00-18110 Virginia, 44683-44686 00-18105 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Azoxystrobin, etc., 44696-44699 00-18096 Butyl acrylate-vinyl acetate-acrylic acid copolymer, 44690-44694 00-18095 Pendimethalin, 44694-44696 00-18094 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

Maryland, 44710 00-18111 Virginia, 44709-44710 00-18104 NOTICES Agency information collection activities: Proposed collection; comment request, 44779-44781 00-18264 Air programs: Fuels and fuel additives— Methylcyclopentadienyl manganese tricarbonyl; Alternative Tier 2 requirements, 44775-44776 00-18276 Confidential business information and data transfer, 44776-44779 00-18152 00-18153 00-18154 Pesticide registration, cancellation, etc.: Aventis CropScience et al., 44781-44784 00-18265 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives:

Boeing, 44662-44672 00-18037 00-18039 00-18126 McDonnell Douglas, 44667-44674 00-18038 00-18040 Short Brothers, 44661-44662 00-17759 NOTICES Advisory circulars; availability, etc.: Ice contaminated tailplane stall, 44847 00-18243 Passenger facility charges; applications, etc.: Ardmore Municipal Airport, OK, 44847-44848 00-18242 Westland Helicopters Ltd.; Model Westland 30 series 100 and 100-60 helicopters; Type Certificate revocation, 44848 00-18244 FCC Federal Communications Commission RULES Common carrier services:

In-region inter-LATA services— BellSouth Corp. et al; applications to provide long distance service in Louisiana; reconsideration petition denied, 44699-44700 00-18187 NOTICES Agency information collection activities: Proposed collection; comment request, 44784-44785 00-18186 Meetings; Sunshine Act, 44785 00-18443 Rulemaking proceedings; petitions filed, granted, denied, etc., 44786 00-18188 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities:

Proposed collection; comment request, 44786 00-18249 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 44786-44787 00-18417 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Texas-New Mexico Power Co. et al., 44773-44774 00-18171 Hydroelectric applications, 44774-44775 00-18202 *Applications, hearings, determinations, etc.:* Central Vermont Public Service Corp., 44770 00-18207 Consolidated Water Power Co., 44770-44771 00-18203 00-18205 Dauphin Island Gathering Partners, 44771 00-18199 Iroquois Gas Transmission System L.P., 44771-44772 00-18208 Ketchikan, AK, 44772 00-18200 Northern States Power Co., 44772 00-18206 Rhinelander Paper Co., 44772-44773 00-18204 South Carolina Electric & Gas Co., 44773 00-18201 Federal Highway Federal Highway Administration NOTICES Grants and cooperative agreements; availability, etc.:

Major surface transportation projects; Transportation Infrastructure Finance and Innovation Act credit assistance, 44940-44943 00-18315 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 44787 00-18268 Ocean transportation intermediary licenses: A.J. Int’l Cargo, Inc., et al., 44787-44788 00-18266 Jenkar International Freight Ltd. et al., 44788 00-18267 Federal Railroad Federal Railroad Administration NOTICES Grants and cooperative agreements; availability, etc.:

Major surface transportation projects; Transportation Infrastructure Finance and Innovation Act credit assistance, 44940-44943 00-18315 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 44788 00-18143 FTC Federal Trade Commission NOTICES Agency information collection activities: Proposed collection; comment request, 44788-44790 00-18190 Meetings: Competition policy in world of business-to-business

(B2B)electronic market places; public workshop, 44790 00-18189 Federal Transit Federal Transit Administration NOTICES Grants and cooperative agreements; availability, etc.: Major surface transportation projects; Transportation Infrastructure Finance and Innovation Act credit assistance, 44940-44943 00-18315 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Zapata bladderpod, 44717-44753 00-18279 Food Food and Drug Administration NOTICES Harmonisation International Conference; guidelines availability: Impurities in new drug products, 44791-44797 00-18150 Food Food and Nutrition Service NOTICES Agency information collection activities: Proposed collection; comment request, 44755 00-18142 Food distribution programs: Donated food national average minimum value (July 1, 2000 to June 30, 2001), 44755-44756 00-18164 Forest Forest Service NOTICES Meetings: Southwest Oregon Province Interagency Executive Committee Advisory Committee, 44756 00-18183 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Children and Families Administration See Food and Drug Administration See Health Care Financing Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Health Care Financing Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 44798 00-18166 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 44805-44806 00-18161 00-18162 Regulatory waiver requests; quarterly listing, 44921-44934 00-18163 Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent: Moapa Indian Reservation, NV; Crystal Power Generating Station and associated facilities, 44806-44807 00-18274 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service NOTICES Meetings: U.S. Coral Reef Task Force, 44806 00-18184 00-18185 IRS Internal Revenue Service RULES Income taxes: Qualified retirement plans— Cash-out limits increase, 44679-44682 00-18119 PROPOSED RULES Income taxes: Dollar-value last-in, first-out

(LIFO)regulations; inventory price index computation method Correction, 44709 00-18139 NOTICES Agency information collection activities: Proposed collection; comment request; correction, 44857 00-18140 International International Trade Commission NOTICES Meetings; Sunshine Act, 44807 00-18321 Justice Justice Department See Antitrust Division See Drug Enforcement Administration RULES Organization, functions, and authority delegations: Federal Bureau of Investigation, Director; administrative claims settlement, 44682-44683 00-18213 NOTICES Pollution control; consent judgments: CML, Inc., 44807-44808 00-18159 EW Holding Corp., 44808 00-18155 Nalco Chemical Co. et al., 44809 00-18214 00-18215 Royal Oak Enterprise, Inc., 44809-44810 00-18156 Labor Labor Department See Employment Standards Administration See Occupational Safety and Health Administration Maritime Maritime Administration RULES Vessel documentation: Fishery endorsement; U.S.-flag vessels of 100 feet or greater in registered length, 44859-44891 00-17495 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards: Advanced glazing materials, 44710-44713 00-18245 Registration of importers and importation of motor vehicles not certified as conforming to Federal safety standard; fee schedule, 44713-44717 00-18012 NOTICES Motor vehicle safety standards: Nonconforming vehicles— Importation eligibility; determinations, 44848-44852 00-18246 00-18247 00-18248 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 44798-44799 00-18172 00-18173 00-18174 National Institute of Allergy and Infectious Diseases, 44799-44800 00-18176 00-18177 00-18178 National Institute of Diabetes and Digestive and Kidney Diseases, 44800 00-18180 Scientific Review Center, 44800-44802 00-18175 Patent licenses; non-exclusive, exclusive, or partially exclusive: Genomics, LLC, 44802-44803 00-18179 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Perch, 44700-44702 00-18257 00-18258 00-18259 Pollock; correction, 44702 00-18260 PROPOSED RULES Fishery conservation and management: Atlantic highly migratory species— Bycatch reduction; biological opinion; environmental impact statement; meetings, 44753-44754 00-18144 NOTICES Committees; establishment, renewal, termination, etc.: International Commission for Conservation of Atlantic Tunas, U.S. Section Advisory Committee, 44758-44759 00-18145 Meetings: New England Fishery Management Council, 44759-44760 00-18261 Pacific Fishery Management Council, 44760 00-18256 U.S. Coral Reef Task Force, 44806 00-18184 00-18185 Permits: Endangered and threatened species, 44760-44762 00-18262 National Park National Park Service NOTICES Reports and guidance documents; availability, etc.: Simplified concession contracts; revision, 44893-44920 00-17431 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes: Wisconsin, 44756-44757 00-18275 Meetings: USDA Policy Advisory Committee on Farmland Protection; public forums on maint aining agriculture and forestry in rapidly growing areas, 44757 00-18255 Navy Navy Department NOTICES Privacy Act: Systems of records, 44766-44767 00-18191 Nuclear Nuclear Regulatory Commission RULES Production and utilization facilities; domestic licensing: Antitrust review authority; clarification, 44649-44661 00-18250 NOTICES Agency information collection activities: Proposed collection; comment request, 44840-44841 00-18237 Meetings: American Society for Quality Energy and Environmental Division Nuclear Power Production Committee, 44842 00-18235 Meetings; Sunshine Act, 44842-44843 00-18349 Reports and guidance documents; availability, etc.: Human interaction with reused soil; literature search, 44843 00-18239 *Applications, hearings, determinations, etc.:* AmerGen Vermont, LLC, 44841-44842 00-18238 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities: Proposed collection; comment request; correction, 44858 C0-17266 Personnel Personnel Management Office RULES Health benefits; Federal employees: Health insurance; pre-tax premium conversion, 44644-44649 00-18209 Health benefits, Federal employees: Health insurance premiums; pre-tax allotment, 44643-44644 00-18232 Presidential Presidential Documents PROCLAMATIONS Special observances Captive Nations Week (Proc. 7330), 44641-44642 00-18425 Public Public Health Service See Agency for Healthcare Research and Quality See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Cincinnati Stock Exchange, Inc., 44843-44844 00-18234 Options Clearing Corp., 44844-44846 00-18233 SBA Small Business Administration NOTICES Disaster loan areas: Minnesota, 44846 00-18270 North Dakota, 44846 00-18271 Wisconsin, 44846-44847 00-18269 Interest rates; quaterly determinations, 44847 00-18272 Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Community disparities, 44803-44805 00-18149 Surface Surface Transportation Board NOTICES Agency information collection activities: Submission for OMB review; comment request, 44852 00-18231 Railroad operation, acquisition, construction, etc.: Canadian Pacific Railway et al., 44852-44853 00-18263 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board RULES Surface transportation projects; credit assistance, 44935-44940 00-18314 NOTICES Central Contractor Registration System; intent to use, 44847 00-18241 Grants and cooperative agreements; availability, etc.: Major surface transportation projects; Transportation Infrastructure Finance and Innovation Act credit assistance, 44940-44943 00-18315 Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Internal Revenue Service Separate Parts In This Issue Part II Department of Transportation, Maritime Administration, 44859-44891 00-17495 Part III Department of Interior, National Park Service, 44893-44920 00-17431 Part IV Department of Housing and Urban Development, 44921-44934 00-18163 Part V Department of Transportation, 44935-44943 00-18314 00-18315 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. 65 139 Wednesday, July 19, 2000 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 550 RIN 3206-AJ16 Pretax Allotments for Health Insurance Premiums AGENCY: Office of Personnel Management. ACTION: Interim rule with request for comments. SUMMARY: The Office of Personnel Management

(OPM)is issuing interim regulations to enable employees to pay Federal Employees Health Benefits

(FEHB)premiums through an allotment from the employee's pay to the employing agency. Use of this allotment mechanism allows FEHB premiums to be paid with pre-tax dollars, as provided under section 125 of the Internal Revenue Code. These allotment regulations are connected to a separate interim rule, published in this issue of the **Federal Register** , which will amend the FEHB regulations to establish the premium conversion program. DATES: This interim rule is effective September 18, 2000. Comments must be received on or before September 18, 2000. ADDRESSES: Comments may be sent or delivered to Donald J. Winstead, Assistant Director for Compensation Administration, Workforce Compensation and Performance Service, Office of Personnel Management, Room 7H31, 1900 E Street NW., Washington, DC 20415-8200 (FAX:

(202)606-0824 or EMAIL: *payleave@opm.gov)* . FOR FURTHER INFORMATION CONTACT: Bryce Baker,

(202)606-2858 or FAX:

(202)606-0824 or EMAIL: *payleave@opm.gov.* SUPPLEMENTARY INFORMATION: At the President's direction, OPM will implement a health insurance premium conversion plan for employees participating in the FEHB Program. The premium conversion plan is part of a “cafeteria plan” under Section 125 of the Internal Revenue Code. The premium conversion plan will take effect on October 1, 2000. Under the plan, employees' FEHB premium withholdings are treated as a pre-tax salary reduction. Because premium conversion lowers employees' taxable income, it reduces their tax burden. The reduction in taxable income reduces the base for Federal income tax, Social Security and Medicare taxes, and, in most States and localities, State and local taxes based on income. Employees in the Executive Branch of the Federal Government who are participating in the Program and whose pay is issued by an Executive Branch agency, will automatically have their salaries reduced and their health benefit premiums paid under the premium conversion plan. Also, individuals enrolled in the FEHB Program who are employed outside the Executive Branch, or whose pay is not issued by an agency of the Executive Branch, will have their salaries reduced and their FEHB premiums paid under our premium conversion plan if their employer, in coordination with their payroll office, agrees to offer participation in the plan. However, any individual enrolled in the FEHB Program who does not want to participate in premium conversion may waive participation, subject to certain limitations. Premium conversion has no effect on: statutory pay provisions or the General Schedule; the amount of any employee's health insurance premium; or on the amount of the Government share towards the FEHB Program premium on behalf of any employee. Base pay for retirement, life insurance and Thrift Savings Plan purposes is unaffected. To ensure that the premium conversion plan qualifies for pre-tax treatment of health insurance premiums, OPM is amending its allotment regulations at 5 CFR part 550, subpart C. Each employee participating in premium conversion will make an allotment to his or her employing agency in the amount of the employee share of the FEHB premium. The agency will then use that amount to pay the employee's FEHB premium. The allotment will be automatic unless the employee elects to waive premium conversion. We are also amending the allotment regulations to make clear that except where there is an authority specific to Federal employees (i.e., a statute, Executive order, Presidential directive, or OPM regulations) agencies may not authorize allotments for the purpose of reducing taxable income. For example, a salary reduction for a transportation fringe benefit under 26 U.S.C. 132(f)(4) is another type of pre-tax allotment that is permitted by 5 U.S.C. 7905(b) and Executive Order 13150. OPM is issuing a separate interim rule amending its FEHB regulations to establish the premium conversion program effective in October 2000. No FEHB premium may be allotted except as allowed under the premium conversion program. Therefore, no allotment of FEHB premiums is permitted until the first day of the first pay period beginning on or after October 1, 2000. Waiver of Notice of Proposed Rulemaking In accordance with section 553(b)(3)(B) of title 5 of the U.S. Code, I find that good cause exists for waiving the general notice of proposed rulemaking. An opportunity for public comment prior to issuing this rule is unnecessary and contrary to the public interest. In developing this regulation, OPM worked extensively with affected stakeholders. OPM followed the Internal Revenue Code to develop a plan document and regulations that comply with tax law and parallel the practices of private sector employers. It is necessary that payroll offices begin work on systems changes so that this benefit will be available at the start of Fiscal Year 2001—a logical time in terms of Federal agency budget and payroll administration. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because the regulation will only affect tax withholdings for Federal employees. Executive Order 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 Part 550 Administrative practice and procedure, Claims, Government employees, Wages. U.S. Office of Personnel Management. Janice R. Lachance, Director. Accordingly, OPM is amending 5 CFR part 550 as follows: PART 550—PAY ADMINISTRATION (GENERAL) Subpart C—Allotments and Assignments From Federal Employees 1. The authority citation for subpart C of part 550 continues to read as follows: Authority: 5 U.S.C. 5527; E.O. 10982, 3 CFR 1959-1963 Comp., p. 502. § 550.301 [Amended] 2. Section 550.301 is amended by removing the definition of *pay.* 3. In § 550.311: A. Paragraph

(a)is amended by removing the period at the end of paragraph (a)(7) and adding a semicolon in its place; B. A new paragraph (a)(8) is added; and C. Paragraph

(b)is revised. The addition and revision read as follows: § 550.311 Authority of agency.

(a)* * *

(8)An allotment to the employing Federal agency to pay an employee's share of Federal Employees Health Benefits premiums, consistent with part 892 of this chapter.

(b)In addition to those allotments provided for in paragraph

(a)of this section, an agency may permit an employee to make an allotment for any legal purpose deemed appropriate by the head of the agency. This authority does not extend to allotments to the paying agency for the purpose of reducing taxable income, except where there is an authority specific to Federal employees (statute, Executive order, Presidential directive, or OPM regulations) permitting agencies to provide the pretax benefit in question. 4. In § 550.312, paragraph

(f)is added to read as follows: § 550.312 General limitations.

(f)Notwithstanding the requirements in paragraphs

(a)and

(c)of this section, an agency may make an allotment for an employee's share of health benefits premiums under § 550.311(a)(8) without specific authorization from the employee, unless the employee specifically waives such allotment. Agency procedures for processing employee waivers must be consistent with procedures established by the Office of Personnel Management. (See part 892 of this chapter.) 5. Section 550.313 is added to read as follows: § 550.313 Order of precedence when there is insufficient pay to cover all deductions.

(a)Except as provided in paragraph

(b)of this section, an agency must deduct allotments from any net pay remaining after applying all deductions authorized by law, including any deductions for retirement and other benefits, Social Security and income tax withholdings, collection of a debt to the Government via levy or salary offset, and garnishment. If there is insufficient net pay to cover all of the employee's allotments, the agency must deduct allotments in the order specified under its established rules of precedence.

(b)An agency must deduct an allotment for an employee's share of health benefits premiums under § 550.311(a)(8) before deducting any type of tax withholding. [FR Doc. 00-18232 Filed 7-14-00; 3:19 pm]

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