Unknown. Final regulation

3,030 words·~14 min read·/register/2000/08/04/00-19765·

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-2000-08-04.xml --- 65 151 Friday, August 4, 2000 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Federal Crop Insurance Corporation See Food and Nutrition Service NOTICES Meetings: Small Farms Advisory Committee, 47948 00-19739 Air Force Air Force Department NOTICES Meetings: Community College Board of Visitors, 47969-47970 00-19807 Senior Executive Service:

Performance Review Boards; membership, 47970 00-19806 Animal Animal and Plant Health Inspection Service PROPOSED RULES Animal welfare: Inspection, licensing, and procurement of animals, 47908-47918 00-19725 Irradiation phytosanitary treatment of imported fruits and vegetables, 47908 00-19724 Army Army Department See Engineers Corps NOTICES Military traffic management: USBank's PowerTrack system; mandatory use by DOD freight carriers, 47970-47971 00-19796 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Optimetrics, Inc., 47971 00-19797 Reports and guidance documents; availability, etc.: Integrated Total Army Personnel Data Base Data Element Standard Version, 47971 00-19801 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 47949-47950 00-19719 Coast Guard Coast Guard PROPOSED RULES Inland navigation rules:

Navigation lights for uninspected commercial and recreational vessels; certification, 47936-47941 00-19835 NOTICES Reports and guidance documents; availability, etc.: Merchant Marine Personnel Advisory Committee; advanced fire-fighting proficiency guidelines; comment request, 48041-48042 00-19834 Commerce Commerce Department See Census Bureau See Economic Analysis Bureau See Economic Development Administration See Export Administration Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Technology Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 47948-47949 00-19832 00-19833 Commodity Commodity Credit Corporation RULES Agricultural disaster and market assistance Correction, 47840-47841 00-19811 Commodity Commodity Futures Trading Commission RULES Commodity Exchange Act:

Insider trading regulations, 47843-47847 00-19443 Commodity pool operators and commodity trading advisors: Qualified eligible participants offerings and qualified eligible clients advising; exemptions, 47848-47859 00-19445 Defense Defense Department See Air Force Department See Army Department See Engineers Corps See Navy Department NOTICES United Kingdom; defense items; waiver of government procurement limitations, 47968-47969 00-19804 Economic Economic Analysis Bureau NOTICES Agency information collection activities:

Proposed collection; comment request, 47950-47951 00-19720 Economic Economic Development Administration NOTICES Agency information collection activities: Proposed collection; comment request, 47951-47952 00-19718 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 48015-48017 00-19475 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Atomic energy agreements; subsequent arrangements, 47974 00-19762 Inventions, Government-owned; availability for licensing, 47974 00-19763 Engineers Engineers Corps NOTICES Environmental statements; notice of intent:

Corpus Christi Ship Channel, TX; circulation and salinity study, 47971-47972 00-19799 Osceola County, FL; Lake Tohopekaliga Extreme Drawdown and Habitat Enhancement Project, 47972-47973 00-19798 Sacramento, CA; American River Project; flood control and ecosystem restoration, 47973 00-19800 EPA Environmental Protection Agency RULES Air programs: Accidental release prevention requirements; risk management programs; distribution of off-site consequence analysis information, 48107-48133 00-19785 Air quality implementation plans; approval and promulgation; various States:

California, 47862-47864 00-18641 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Avermectin, 47874-47877 00-19795 Diflubenzuron, 47877-47882 00-19794 Water pollution control: Great Lakes System; water quality guidance— Michigan, Ohio, Indiana, and Illinois; approved and disapproved elements identification, 47864-47874 00-19792 PROPOSED RULES Air pollutants, hazardous; national emission standards: Mobile source air toxics controls, 48057-48105 00-18640 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 47985-47987 00-19790 00-19791 Environmental statements; availability, etc.: Agency statements— Comment availability, 47987-47988 00-19847 Weekly receipts, 47988 00-19848 Superfund program: National Priorities List; construction completion list; policy change, 47988-47989 00-19789 Water pollution; discharge of pollutants (NPDES): State programs— Maine, 47989-47990 00-19788 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Export Administration Bureau NOTICES Agency information collection activities:

Proposed collection; comment request, 00-19716 47952-47953 00-19717 FAA Federal Aviation Administration RULES Airworthiness standards: Special conditions— Boeing Model 747-2G4B series airplanes, 47841-47843 00-19841 Class D airspace, 47843 00-19838 NOTICES Agency information collection activities: Proposed collection; comment request, 48042-48043 00-19842 Flying Cloud Airport, Eden Prairie, MN; Stage 2 and 3 operations restrictions, 48043 00-19840 Passenger facility charges; applications, etc.:

Billings Logan International Airport, MT, 48043-48044 00-19843 Huntsville International Airport, AL, 48044 00-19839 FCC Federal Communications Commission RULES Common carrier services: Federal-State Joint Board on Universal Service— Telecommunications deployment and subscribership in unserved or underserved areas, including tribal and insular areas, 47883-47906 00-19611 PROPOSED RULES Common carrier services: Federal-State Joint Board on Universal Service— Telecommunications deployment and subscribership in unserved or underserved areas, including tribal and insular areas, 47941-47946 00-19612 NOTICES Agency information collection activities:

Reporting and recordkeeping requirements, 47990-47991 00-19298 Rulemaking proceedings; petitions filed, granted, denied, etc.; correction, 47991 00-19299 Federal Crop Federal Crop Insurance Corporation RULES Crop insurance regulations: Figs, pears, walnuts, almonds, prunes, table grapes, peaches, plums, apples, and stonefruit, 47834-47840 00-19659 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: FortisUS Energy Corp. et al., 47977-47979 00-19744 Trigen-Cholla LLC et al., 47979-47981 00-19743 Hydroelectric applications, 47981-47985 00-19746 00-19747 00-19748 00-19749 *Applications, hearings, determinations, etc.:* Colorado Interstate Gas Co., 47975 00-19751 Cross Bay Pipeline Co., L.L.C., et al., 47975-47977 00-19745 Florida Gas Transmission Co., 47977 00-19750 Kern River Gas Transmission Co., 47977 00-19752 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Solano County, CA, 48044-48045 00-19819 Office Federal Housing Enterprise Oversight Office NOTICES Strategic Plan; comment request, 48009 00-19845 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 47991 00-19311 Formations, acquisitions, and mergers, 47991-47992 00-19310 Meetings; Sunshine Act, 47992 00-19898 Federal Transit Federal Transit Administration NOTICES Environmental statements; notice of intent: Tukwila, WA; Central Link Light Rail Transit Project, 48045 00-19836 Fish Fish and Wildlife Service NOTICES Endangered and threatened species permit applications, 48009-48010 00-19753 00-19757 Meetings:

Aquatic Nuisance Species Task Force, 48010-48011 00-19770 Food Food and Drug Administration NOTICES Animal drugs, feeds, and related products: Tilmicosin phosphate injection for sheep; data availability, 47992 00-19300 Meetings: Prescription Drug User Fee Act— Legislative authority; stakeholders, 47993-47995 00-19301 Food Food and Nutrition Service RULES Food distribution programs: Indian reservations; income deductions and miscellaneous provisions, 47831-47833 00-19726 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* California, 47953 00-19824 South Carolina, 47953 00-19826 Texas Fina Oil & Chemical Co.; petrochemical complex, 47953-47954 00-19825 Government Government Ethics Office RULES Government ethics:

Decennial census; financial interests of non-federal government employees exemption, 47830-47831 00-19772 Health Health and Human Services Department See Food and Drug Administration See Health Care Financing Administration See Health Resources and Services Administration See Indian Health Service Health Health Care Financing Administration NOTICES Agency information collection activities: Proposed collection; comment request, 47995 00-19308 Privacy Act: Systems of records, 47995-48003 00-18548 00-18549 Health Health Resources and Services Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 48003-48006 00-19303 00-19305 Meetings: Interdisciplinary, Community-Based Linkages Advisory Committee, 48006-48007 00-19304 Organization, functions, and authority delegations: Primary Health Care Bureau, 48007 00-19778 Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office NOTICES Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 48008-48009 00-19590 Indian Indian Health Service NOTICES Medical care:

Reimbursement rates for 2000 CY, 48007-48008 00-19779 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service NOTICES Agency information collection activities: Proposed collection; comment request, 48048-48049 00-19850 00-19851 International International Trade Administration NOTICES Antidumping: Anhydrous sodium sulfate from— Canada, 47954-47956 00-19821 Cold-rolled carbon steel flat products from— Netherlands, 47956-47957 00-19820 Freshwater crawfish tail meat from— China, 47957-47959 00-19827 00-19828 00-19829 Silicomanganese from— Ukraine, 47959-47960 00-19823 Silicon metal from— Brazil, 47960-47968 00-19822 Justice Justice Department RULES Air programs:

Accidental release prevention requirements; risk management programs; distribution of off-site consequence analysis information, 48107-48133 00-19785 Organization, functions, and authority delegations: United States Marshals Service; fees for services, 47859-47862 00-19809 NOTICES Agency information collection activities: Proposed collection; comment request, 48011-48014 00-19773 00-19774 00-19775 00-19776 Labor Labor Department See Employment Standards Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 48014-48015 00-19777 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Northeast California, 48011 00-19756 Maritime Maritime Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 48045-48046 00-19810 NASA National Aeronautics and Space Administration NOTICES Conduct of employees; post-employment restrictions; waivers: Shriver, Loren, 48017 00-19755 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards:

Platform lift systems for accessible vehicles and platform lift installations on vehicles Correction, 47946-47947 00-19483 NOTICES Motor vehicle safety standards: Nonconforming vehicles— Importation eligibility; determinations, 48046-48047 00-19741 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Arrowtooth flounder, 47906-47907 00-19715 Pacific cod, 47907 00-19714 NOTICES Reports and guidance documents; availability, etc.:

Sharks conservation and management; National Plan of Action; comment request, 47968 00-19846 National Park National Park Service NOTICES Environmental statements; availability, etc.: Glen Echo Park, MD, 48011 00-19727 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 47974 00-19306 00-19307 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 48018 00-19760 *Applications, hearings, determinations, etc.:* Virginia Electric & Power Co., 48017-48018 00-19759 Office Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office RULES Employment: Surplus and displaced Federal employees; career transition assistance, 47829-47830 00-19765 NOTICES Agency information collection activities: Proposed collection; comment request, 48018 00-19769 Submission for OMB review; comment request, 48018-48019 00-19767 00-19768 Excepted service: Schedules A, B, and C; positions placed or revoked— Update, 48019-48020 00-19766 Presidential Presidential Documents PROCLAMATIONS Special observances Human Rights Day, Helsinki (Proc. 7332), 47825-47826 00-19939 ADMINISTRATIVE ORDERS Administrative orders Sierra Leone; military assistance (Presidential Determination No. 2000-27 of July 21, 2000), 47827 00-19940 Public Public Health Service See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service SEC Securities and Exchange Commission PROPOSED RULES Securities:

Firm quote and trade-through disclosure rules for options, 47918-47936 00-19728 NOTICES Investment Company Act of 1940: Exemption applications— CompleTel Europe N.V., 48021-48022 00-19731 Joint industry plan: American Stock Exchange LLC et al.; options intermarket linkage plan, 48023-48032 00-19730 Self-regulatory organizations: Clearing agency registration applications— Government Securities Clearing Corp., 48032 00-19734 Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 48032-48033 00-19735 Chicago Board Options Exchange, Inc., 48033-48034 00-19736 Chicago Stock Exchange, Inc., 48035-48036 00-19737 Municipal Securities Rulemaking Board, 48036-48037 00-19771 National Association of Securities Dealers, Inc., 48037-48039 00-19738 Philadelphia Stock Exchange, Inc., 48039-48040 00-19733 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 48020-48021 00-19732 State State Department NOTICES Art objects; importation for exhibition:

Still Lifes of Evaristo Baschenis: The Music of Silence, 48040 00-19830 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Cheatham County Rail Authority, 48047-48048 00-19780 Nashville & Western Railroad Corp., 48048 00-19782 Technology Technology Administration NOTICES Technology Demonstration Center, joint public-sector private-sector; establishment, 47968 00-19805 Thrift Thrift Supervision Office NOTICES Agency information collection activities:

Proposed collection; comment request, 48049-48056 00-19803 Trade Trade Representative, Office of United States NOTICES Reports and guidance documents; availability, etc.: Andean Trade Preferences Act; comment request; report to Congress, 48041 00-19812 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office **Editorial Note:** In the Federal Register of August 2, 2000, the agency and page number listed under Part III at the end of that issue's table of contents were incorrect.

Part III should have read, “Department of Health and Human Services, Administration for Children and Families, 47618-47632.” Separate Parts In This Issue Part II Environmental Protection Agency, 48057-48105 00-18640 Part III Department of Justice, and Environmental Protection Agency, 48107-48133 00-19785 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. 65 151 Friday, August 4, 2000 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 330 RIN 3206-AI39 Career Transition Assistance for Surplus and Displaced Federal Employees AGENCY:

U.S. Office of Personnel Management. ACTION: Final regulation. SUMMARY: The Office of Personnel Management is issuing final regulations on the current career transition assistance programs. These programs assist Federal employees displaced from their jobs by downsizing. These programs began in 1995 as a temporary replacement for the Interagency Placement Program, with a planned sunset date of September 30, 1999. Interim regulations published July 27, 1999, extended the sunset date for an additional 2 years.

These final regulations address comments submitted on the interim regulations. DATES: This regulation is effective on September 5, 2000. FOR FURTHER INFORMATION CONTACT: Jacqueline Yeatman on

(202)606-0960, FAX

(202)606-2329, TDD

(202)606-0023, email: jryeatma@opm.gov. SUPPLEMENTARY INFORMATION: Background On July 27, 1999, OPM published interim regulations with a request for comment on the government's career transition assistance programs in 5 CFR part 330. These regulations extended the Career Transition Assistance Plan

(CTAP)and the Interagency Career Transition Assistance Plan (ICTAP) until September 30, 2001. The regulations also made some technical changes and clarifications. Four agencies and one union commented on the interim regulations. All supported OPM's extension of these programs in light of their successful placement rates. One agency stated its desire to move employees from one component to another, or to jobs in the same component located in a different commuting area, without checking for CTAP eligibles. We understand the concerns agencies have with this requirement. However, this was not part of the interim regulation as published—it would constitute a major change in the program, and the interim regulations included only minor technical changes and clarifications. Reassignments within a component and commuting area continue to be exempt from the CTAP requirements. One agency asked for clarification on how the ICTAP exception in § 330.705(c)(19) relates to § 330.708(b) on selection. The exception in § 330.705(c)(19) allows an agency to select an ICTAP eligible at any time with or without announcing the vacancy. However, if the vacancy is announced and more than one well-qualified ICTAP eligible applies, then the agency is free to select any of them. Another agency commented that the term “reassignment” should be deleted from this paragraph. Since these eligibles would only be appointed through a transfer or reinstatement action, we agree that the word “reassignment” is unnecessary and have deleted it. One agency recommended that we eliminate the requirement for a second review when an ICTAP eligible fails to meet the well-qualified requirement. The agency preferred to conduct this review only when the ICTAP eligible requested it. This provision was part of the final regulations published June 9, 1997, and no change to this provision was proposed in the July 27, 1999, interim regulation. Therefore, this provision remains unchanged. Another agency suggested that we further define the type of documentation described in § 330.607(b) that the agency could use when they have no CTAP eligibles in a given location. We have considered this suggestion but feel that agencies should have the flexibility to use the type of documentation that best suits their needs. Finally, we discovered a typographical error in the interim regulation which we are correcting here. In the process of adding a clarifying sentence in § 330.607(b), another sentence was accidentally deleted. We are restoring that dropped sentence here. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because it affects only certain Government 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 330 Armed forces reserves, Government employees. U.S. Office of Personnel Management Janice R. Lachance, Director. Accordingly, the interim rule amending part 330 of title 5, Code of Federal Regulations, published at 64 FR 40506 on July 27, 1999, is adopted as final with the following changes: PART 330—RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL) 1. The authority citation for part 330 continues to read as follows: Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR 1954-58 Comp., p. 218; § 330.102 also issued under 5 U.S.C. 3327; subpart B also issued under 5 U.S.C. 3315 and 8151; § 330.401 also issued under 5 U.S.C. 3310; subparts F-G also issued under Presidential memorandum dated September 12, 1995, entitled “Career Transition Assistance for Federal Employees”; subpart H also issued under 5 U.S.C. 8337(h) and 8457(b); subpart I also issued under 106 Stat. 2720, 5 U.S.C. 3301 note and sec. 4432 of Pub. Law 102-484, 106 Stat. 2315; subpart K also issued under sec. 11203 of Pub. Law 105-33, 111 Stat. 251 Subpart F—Agency Career Transition Assistance Plans

(CTAP)for Local Surplus and Displaced Employees 2. In § 330.607, paragraph

(b)is revised to read as follows: § 330.607 Notification of surplus and displaced employees.

(b)Agencies must take reasonable steps to ensure eligible employees are notified of all vacancies the agency is filling in locations where there are CTAP eligibles, and what is required for them to be determined well-qualified for the vacancies. Vacancy announcements within an agency must contain information on how eligible employees within the agency can apply, what proof of eligibility is required, and the agency's definition of “well-qualified.” If there are no CTAP eligibles in a local commuting area, the agency may document this fact as an alternative to posting the vacancy under the CTAP program. Subpart G—Interagency Career Transition Assistance Plan for Displaced Employees 3. In § 330.705, paragraph (c)(19) is revised to read as follows: § 330.705 Order of selection in filling vacancies from outside the agency's workforce.

(c)* * *

(19)Transfer or reinstatement of an individual who meets the eligibility requirements of § 330.704 to a position having promotion potential no greater than the potential of a position the individual currently holds or previously held on a permanent basis in the competitive service and did not lose because of performance or conduct reasons. [FR Doc. 00-19765 Filed 8-3-00; 8:45 am]

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