Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-08-16.xml --- 65 159 Wednesday, August 16, 2000 Contents Army Army Department See Engineers Corps Bonneville Bonneville Power Administration NOTICES Meetings: Northwest Regional Transmission Organization; agency's proposal to join, 49973-49974 00-20786 Coast Guard Coast Guard RULES Ports and waterways safety: Tampa Bay, FL; safety zone, 49915-49917 00-20783 Regattas and marine parades: Patapsco River, Inner Harbor, Baltimore, MD; fireworks display, 49914-49915 00-20782 NOTICES Reports and guidance documents; availability, etc.:

Merchant mariners as officers in charge of navigational watches on ships of less than 500 gross tonnage while on near-coastal voyages; proficiency demonstrations, 50044-50045 00-20784 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Defense Department See Engineers Corps Education Education Department NOTICES Agency information collection activities:

Proposed collection; comment request, 49972 00-20745 Grants and cooperative agreements; availability, etc.: Postsecondary education— International Research and Studies Program, 49972-49973 00-20811 Employment Employment and Training Administration NOTICES Adjustment assistance: Dana Corp. et al., 50027-50028 00-20768 Stanley Works et al., 50026-50027 00-20769 Walker McDonald Manufacturing Co., 50027 00-20767 Committees; establishment, renewal, termination, etc.: Migrant and Seasonal Farmworker Employment and Training Advisory Committee, 50028-50029 00-20817 Meetings:

Migrant and Seasonal Farmworker Employment and Training Advisory Committee, 50029 00-20816 NAFTA transitional adjustment assistance: Walker McDonald Manufacturing Co., 50029 00-20770 Energy Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission Engineers Engineers Corps PROPOSED RULES Permits for discharges of dredged or fill material into U.S. waters: Regulatory definition, 50107-50117 00-20792 EPA Environmental Protection Agency RULES Air pollution control:

State operating permits programs— Colorado, 49919-49922 00-20723 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Coumaphos, 49927-49936 00-20732 Mancozeb Correction, 49922-49924 00-20734 Propiconazole, 49924-49927 00-20733 Zinc phosphide, 49936-49941 00-20731 PROPOSED RULES Air pollution control: State operating permits programs— Colorado, 49957-49958 00-20724 Permits for discharges of dredged or fill material into U.S. waters: Regulatory definition, 50107-50117 00-20792 NOTICES Air pollution control:

Acid rain program— Nitrogen oxides; alternative emission limitation; permit modification, 49981 00-20729 Meetings: Local Government Advisory Committee, 49981-49982 00-20730 National Drinking Water Advisory Council, 49982 00-20808 Pesticide programs: Organophosphates; risk assessments and public participation in risk management— Chlorpyrifos, 49982-49983 00-20810 Regulatory reinvention

(XLC)pilot projects: Project XLC Phase I (Planning) Project Agreement, Clermont County, OH, 49983-49984 00-20809 Water supply: Public water supply supervision program— South Dakota, 49984-49985 00-20728 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 49897-49899 00-20506 Bell, 49905-49906 00-20404 Lockheed, 49899-49901 00-20505 Saab, 49901-49903 00-20503 Sikorsky, 49903-49905 00-20502 PROPOSED RULES Airworthiness directives: Raytheon, 49952-49954 00-20778 FBI Federal Bureau of Investigation NOTICES Agency information collection activities: Proposed collection; comment request, 00-20813 50014-50015 00-20814 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, 49941 00-20789 NOTICES Agency information collection activities: Proposed collection; comment request, 49985-49986 00-20788 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: South Beloit Water, Gas & Electric Co., et al., 49978-49980 00-20748 Hydroelectric applications, 49980-49981 00-20750 *Applications, hearings, determinations, etc.:* California Power Exchange Corp., 49974 00-20785 Dominion Transmission, Inc., 49974 00-20758 Florida Gas Transmission Co., 49974-49975 00-20749 Ozark Gas Transmission, L.L.C., 49975-49976 00-20757 Paiute Pipeline Co., 49976 00-20759 Panhandle Eastern Pipe Line Co., 49976 00-20752 Sea Robin Pipeline Co., 49976-49977 00-20754 Texas Gas Transmission Corp., 49977 00-20755 Trunkline Gas Co., 49977 00-20751 Trunkline LNG Co., 49977-49978 00-20753 Williams Gas Pipelines Central, Inc., 49978 00-20756 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 49986-49987 00-20742 Formations, acquisitions, and mergers, 49987 00-20743 FTC Federal Trade Commission NOTICES Agency information collection activities: Proposed collection; comment request, 49987-49989 00-20779 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— 2500 foreign species, 49958-49959 00-20746 NOTICES Agency information collection activities: Submission for OMB review; comment request, 49996-49997 00-20747 Food Food and Drug Administration RULES Interstate quarantine: Communicable diseases control; apprehension and detention of persons with specific diseases; transfer of regulations, 49906-49909 00-20719 NOTICES Agency information collection activities: Proposed collection; comment request, 49989-49990 00-20720 Committees; establishment, renewal, termination, etc.: Biologics Evaluation and Research Center and Drug Evaluation and Research Center— Nonvoting industry representation, 49991-49992 00-20722 Nonvoting members of industry interests on public advisory committees, 49990-49991 00-20721 Meetings: Medical device establishments; registration and listing and medical device reporting baseline reporting process; grassroots meetings, 49992-49993 00-20718 Health Health and Human Services Department See Food and Drug Administration RULES Interstate quarantine: Communicable diseases control; apprehension and detention of persons with specific diseases; transfer of regulations, 49906-49909 00-20719 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Proposed collection; comment request, 00-20805 49993-49994 00-20806 Personal Responsibility and Work Opportunity Reconciliation Act of 1996: Federal means-tested public benefits; eligibility restrictions on noncitizens; inapplicability, 49994-49995 00-20803 Privacy Act: Computer matching programs, 49995-49996 00-20804 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service RULES Income taxes: Tax shelter rules; modification, 49909-49913 00-20540 PROPOSED RULES Income taxes: Tax shelter rules; modification; cross-reference, 49955-49957 00-20541 NOTICES Agency information collection activities: Proposed collection; comment request, 50045-50049 00-20707 00-20708 00-20709 00-20710 00-20711 00-20712 00-20713 00-20714 Health Insurance Portability and Accountability Act of 1996; implementation: Expatriation; individuals losing United States citizenship; quarterly list, 50050-50051 00-20716 Meetings: Citizen Advocacy Panels— Brooklyn District, 50051 00-20715 International International Trade Administration NOTICES Antidumping: Forged stainless steel flanges from— India and Taiwan, 49964 00-20830 Silicon metal from— China, 49965-49966 00-20831 Antidumping and countervailing duties: Administrative review requests, 49962-49964 00-20833 Pure and alloy magnesium from— Canada, 49964-49965 00-20829 Overseas trade missions: District heating mission to Russia, etc., 49967 00-20787 *Applications, hearings, determinations, etc.:* Yeshiva University et al., 49966 00-20832 International International Trade Commission NOTICES Import investigations: Furfuryl alcohol from— China and Thailand, 50003 00-20849 Grain-oriented silicon electrical steel from— Italy and Japan, 50004-50005 00-20850 Tin- and chromium-coated steel sheet from— Japan, 50005 00-20848 Justice Justice Department See Federal Bureau of Investigation NOTICES Pollution control; consent judgments: RAM Industries, Inc., 50005 00-20740 Reports and guidance documents; availability, etc.: Civil Rights Act Title VI enforcement; national origin discrimination against persons with limited English proficiency; policy guidance document, 50122-50125 00-20867 Core principles for Federal non-binding workplace ADR programs; and developing guidance for binding arbitration, handbook for Federal agencies, 50005-50014 00-20828 Labor Labor Department See Employment and Training Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 50015-50017 00-20765 00-20766 Organization, functions, and authority delegations: Assistant Secretary for Occupational Safety and Health, 50017-50018 00-20762 Assistant Secretary for Policy et al.; Internet services, 50018-50021 00-20763 Chief Information Officer et al., 50021-50026 00-20764 Land Land Management Bureau NOTICES Meetings: Science Advisory Board, 49997 00-20737 Merit Merit Systems Protection Board RULES Practice and procedure: Uniformed Services Employment and Reemployment Rights Act and Veterans Employment Opportunities Act; implementation— Appeals, 49895-49896 00-20736 Minerals Minerals Management Service PROPOSED RULES Royalty management: Federal geothermal resources valuation; withdrawn, 49957 00-20815 National Institute National Institute of Standards and Technology NOTICES Meetings: Manufacturing Extension Partnership National Advisory Board, 49967-49968 00-20807 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Shallow-water species; fishing by vessels using trawl gear in Gulf of Alaska, 49946-49947 00-20801 Atlantic highly migratory species— Vessel monitoring systems, 49941-49942 00-20717 Northeastern United States fisheries— Northeast multispecies, 49942-49946 00-20847 PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Summer flounder, scup, and black sea bass, 49959-49961 00-20846 NOTICES Environmental statements; availability, etc.: West Coast States and Western Pacific fisheries— Hawaii pelagic longline fishery; sea turtles, incidental catch reduction; court order, 49968 00-20687 Fishery conservation and management: Atlantic coastal fisheries cooperative management— Shad and river herring; interstate fishery management plans, 49969-49970 00-20845 Meetings: International Commission for Conservation of Atlantic Tunas, U.S. Section Advisory Committee, 49970 00-20706 New England Fishery Management Council, 49970-49971 00-20843 North Pacific Fishery Management Council, 49971-49972 00-20705 National Park National Park Service NOTICES Environmental statements; availability, etc.: Voyageurs National Park, MN, 49997-49998 00-20796 Meetings: Boston Harbor Islands Advisory Council, 49998 00-20795 National Park System: Management policies update, 49998 00-20794 Native American human remains and associated funerary objects: Anthropological Studies Center, Archaeological Collections Facility, Sonoma State University, CA— Inventory from Garner Island Site et al., CA, 49998-50000 00-20824 Inventory from Site CA-KIN-10, King County, CA, 50000 00-20825 Peabody Museum of Archaeology and Ethnology, MA— Inventory from Oklahoma, 50002 00-20823 Peabody Museum of Archaeology, MA— Textile fragment from Warren, RI, 50001-50002 00-20822 Tongass National Forest, AK— Inventory from Coffman Cove Site, Prince of Wales Island, et al., AK, 50002-50003 00-20827 Inventory from Mitkof Island, AK, 50000-50001 00-20826 National Science National Science Foundation NOTICES Agency information collection activities: Proposed collection; comment request, 50029-50031 00-20834 Meetings: Geosciences Special Emphasis Panel, 00-20839 Polar Programs Special Emphasis Panel, 00-20835 00-20836 00-20837 00-20838 President's Committee on National Medal of Science, 50031 00-20840 Nuclear Nuclear Regulatory Commission NOTICES Nuclear materials management and safeguards system upgrade; Internet web page availability for discussion, 50032-50033 00-20842 *Applications, hearings, determinations, etc.:* Dow Chemical Co., 50031-50032 00-20841 Patent Patent and Trademark Office RULES Patent cases: Application examination and provisional application practice; changes, 50091-50105 00-20744 Personnel Personnel Management Office PROPOSED RULES Pay under General Schedule: Locality-based comparability payments, 49948-49949 00-20793 NOTICES Agency information collection activities: Submission for OMB review; comment request, 50033-50034 00-20652 00-20653 00-20654 Postal Postal Service RULES Domestic Mail Manual: Commercial mail receiving agency; mail delivery, 49917-49919 00-20812 Sacking and palletizing periodicals nonletters and standard mail

(A)flats, traying first-class flats, and labeling pallets, 50053-50089 00-20324 Presidential Presidential Documents EXECUTIVE ORDERS Government agencies and employees Individuals with limited English proficiency; improving access to services (EO 13166), 50121-50122 00-20938 Public Public Health Service See Food and Drug Administration SEC Securities and Exchange Commission PROPOSED RULES Securities, etc.: Auditor independence requirements; revision, 49954-49955 00-20667 NOTICES *Applications, hearings, determinations, etc.:* MAXXAM Inc. et al., 50034 00-20790 Sentencing Sentencing Commission, United States See United States Sentencing Commission Special Special Counsel Office PROPOSED RULES Prohibited personnel practice or other prohibited activity; complaints and information disclosures filing, 49949-49952 00-20671 State State Department NOTICES Art objects; importation for exhibition: Faberge’—Kremlin Objects, 50037 00-20819 Commercial export licenses; notifications to Congress, 50037-50041 00-20673 Grants and cooperative agreements; availability, etc.: International law enforcement training program, 50041-50044 00-20818 Transportation Transportation Department See Coast Guard See Federal Aviation Administration Treasury Treasury Department See Internal Revenue Service U.S. Sentencing United States Sentencing Commission NOTICES Sentencing guidelines and policy statements for Federal courts, 50034-50037 00-20780 Separate Parts In This Issue Part II Postal Service, 50053-50089 00-20324 Part III Department of Commerce, Patent and Trademark Office, 50091-50105 00-20744 Part IV Department of Defense; Corps of Engineers; Environmental Protection Agency, 50107-50117 00-20792 Part V The President and Department of Justice, 50119-50125 00-20938 00-20867 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. 65 159 Wednesday, August 16, 2000 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Part 1208 Practices and Procedures for Appeals under the Uniformed Services Employment and Reemployment Rights Act and the Veterans Employment Opportunities Act AGENCY: Merit Systems Protection Board. ACTION: Final rule. SUMMARY: The Merit Systems Protection Board (MSPB or the Board) is publishing final regulations to describe its practices and procedures with respect to appeals filed under the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended, and the Veterans Employment Opportunities Act of 1998. The Uniformed Services Employment and Reemployment Rights Act permits a person covered by the Act to appeal to the Board if a Federal agency employer or the Office of Personnel Management fails or refuses to provide an employment or reemployment right or benefit to which the person is entitled under the Act. The Veterans Employment Opportunities Act permits a person entitled to veterans' preference to appeal to the Board if a Federal agency violates the person's rights under any statute or regulation relating to veterans' preference. While both of these laws are intended to provide protections for veterans, and while there are similarities in the procedures and remedies under each of the laws, there are significant differences as well. The purpose of these regulations is to provide guidance to parties and their representatives on how to proceed in cases filed under these laws. EFFECTIVE DATE: August 16, 2000. FOR FURTHER INFORMATION CONTACT: Robert E. Taylor, Clerk of the Board,

(202)653-7200. SUPPLEMENTARY INFORMATION: On Februry 4, 2000, the Board published a new part 1208 of its regulations in title 5, Code of Federal Regulations (CFR), as an interim rule with request for comments (65 FR 5409). The new part describes the Board's practices and procedures with respect to appeals filed under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), Public Law 103-353, as amended, and the Veterans Employment Opportunities Act of 1998 (VEOA), Public Law 105-339. The Board allowed 60 days, until April 4, 2000, for receipt of public comments. The Board received comments from the Department of Labor, Office of the Assistant Secretary for Veterans' Employment and Training (DOL/VETS), and from one local of a national employee organization representing postal workers (union local). In addition to suggesting certain changes in the regulatory language, DOL/VETS asked that certain statements in the preamble to the interim rule be clarified. The SUMMARY section of the interim rule included a statement that a USERRA appellant may appeal to the Board “if a Federal agency employer or the Office of Personnel Management fails or refuses to provide an employment or reemployment right or benefit to which the person is entitled *after service in a uniformed service* ” (emphasis added). DOL/VETS noted that certain provisions of USERRA also protect persons who apply for service, have an obligation to perform service, or assist in an investigation, regardless of whether the person has actually performed service in a uniformed service. In response to the DOL/VETS suggestion, the comparable statement in the SUMMARY section of this final rule refers to “an employment or reemployment right or benefit to which the person is entitled *under the Act* ” (emphasis added). The first paragraph of the SUPPLEMENTARY INFORMATION section of the interim rule stated that USERRA and VEOA extended the Board's jurisdiction to include “complaints filed by covered persons, *principally veterans,* under each of these laws” (emphasis added). DOL/VETS pointed out that the majority of USERRA cases opened by that office in the past several years have been filed by current members of the National Guard and Reserve, rather than by veterans. Without deciding who are the principal filers under USERRA, the Board agrees that the restrictive language referring to veterans could have been confusing to members of the National Guard and Reserve and was unnecessary. As noted in the SUMMARY , the Board's VEOA jurisdiction, however, is limited to complaints filed by persons entitled to veterans' preference. Under the heading, “Termination of Proceeding,” in the Supplementary Information ; section of the interim rule, the Board distinguished USERRA from VEOA by pointing out that USERRA does not provide for termination of a Board proceeding before it has concluded with the issuance of a decision. VEOA does provide for such termination, if the Board has not issued a judicially reviewable decision within 120 days after the appeal was filed, where the appellant elects to file a civil action in an appropriate United States district court. DOL/VETS suggested that the statement about USERRA, in order to make the distinction between the two laws clearer, should have said that USERRA does not permit a person to terminate a Board proceeding and file a civil action in an appropriate United States district court before the Board proceeding has concluded with the issuance of a decision. Although the Board believes the original statement was clear, it notes that with the additional phrase suggested by DOL/VETS, the statement is more specific. With respect to the regulatory language of the interim rule, DOL/VETS asked that sections 1208.11(b) and (c), 1208.12, 1208.13(a)(4), 1208.22(a) and (b), and 1208.23(a)(5)(i) each be amended to replace the words, “the Secretary has been unable to resolve the complaint,” with “the Secretary's efforts have not resolved the complaint.” DOL/VETS stated that the use of the word “unable” suggests that the Secretary attempts to resolve all complaints filed with DOL. According to DOL/VETS, if the Secretary does not believe that the action alleged in a USERRA or VEOA complaint occurred, the Secretary will not attempt to resolve the complaint. Instead, the Secretary will notify the claimant of the results of the investigation and advise him that the case is being closed, at which point he may file an appeal with MSPB. The Board agrees that the change suggested by DOL/VETS should be made and amends each of the sections referenced above in this final rule. DOL/VETS also suggested that section 1208.26(a) be expanded to clarify how the Board will interpret the VEOA provision regarding appeals to the Board under any other law, rule, or regulation in lieu of administrative redress under VEOA (5 U.S.C. 3330a(e)), including an example of how the provision would operate where an appellant makes claims covered by both USERRA and VEOA. The Board recognizes that this VEOA provision raises several questions of interpretation. Until such time as the Board and its reviewing court can interpret the provision through decisions in actual cases, however, the Board believes that it is best simply to restate the statutory provision in its regulation implementing the provision. Accordingly, the Board has not adopted this suggestion of DOL/VETS in the final rule. The union local suggested that section 1208.13(a)(3), which requires a USERRA appellant to identify the provision of chapter 43 of title 38, United States Code, that was allegedly violated, be amended so that submission of this information would be permissive rather than mandatory. The local argued that requiring an appellant to identify the statutory provision that was allegedly violated “is burdensome on pro se litigants.” The local also cited to the Federal Circuit ruling in *Yates * v. *MSPB, * 145 F.3d 1480, 1485 (Fed. Cir. 1998) and to Board rulings, relying on *Yates, * in * Martir * v. *Department of the Navy,* 81 M.S.P.R. 421

(1999)and *Johnson* v. *United States Postal Service,* 85 M.S.P.R. 1 (1999). The essence of these rulings is that to invoke the Board's jurisdiction under USERRA, an appellant need not specifically cite USERRA. It is sufficient, for example, for an appellant to show that he performed service in a uniformed service, that he was denied a right or benefit guaranteed by chapter 43 of title 38, and that the right or benefit was denied because of his uniformed service. The intent of section 1208.13(a)(3) was to assist an appellant in establishing Board jurisdiction over his USERRA appeal. The only basis for the Board's jurisdiction over such an appeal is a failure or refusal by a Federal agency employer or the Office of Personnel Management to provide a right or benefit guaranteed by chapter 43 of title 38 (other than a provision relating to benefits under the Thrift Savings Plan for Federal employees). In order to determine whether it has jurisdiction over a particular USERRA appeal, the Board must know what right or benefit guaranteed by chapter 43 of title 38 the appellant alleges an agency failed or refused to provide. To the extent that the interim rule requires that a USERRA appellant provide a statutory citation to the provision(s) allegedly violated or that USERRA be cited by name to invoke the Board's jurisdiction, however, it is inconsistent with the cases cited above. The Board, therefore, is amending § 1208.13(a)(3) in this final rule to require a USERRA appellant to describe in detail the basis for the appeal, that is, the protected right or benefit that was allegedly denied, including reference to the provision(s) of chapter 43 of title 38 allegedly violated if possible. The Board is making one other change to the interim rule with respect to a matter not addressed in the public comments. Section 1208.14, Representation by Special Counsel, permits satisfaction of the Board's requirements for designation of a representative by submitting a copy of a USERRA appellant's written request to the Secretary of Labor that the complaint be referred to the Special Counsel for litigation before the Board. Because the Special Counsel can decline to represent a USERRA appellant before the Board, however, the appellant's written request to the Secretary, standing alone, is not sufficient to show that the Special Counsel has agreed to represent the appellant. Therefore, the Board is amending § 1208.14 to require submission of a written statement (in any format) that the appellant submitted a written request to the Secretary of Labor that the appellant's complaint be referred to the Special Counsel for litigation before the Board and that the Special Counsel has agreed to represent the appellant. Such statement will satisfy the Board's designation of representative requirements at 5 CFR 1201.31(a). The Board is publishing this rule as a final rule pursuant to 5 U.S.C. 1204(h), 5 U.S.C. 3330a, 5 U.S.C. 3330b, and 38 U.S.C. 4331. List of Subjects in 5 CFR Part 1208 Administrative practice and procedure, Government employees, Veterans. Accordingly, the Board adopts the interim rule published at 65 FR 5409 (February 4, 2000) as final, with the following changes: PART 1208—[AMENDED] 1. The authority citation for part 1208 continues to read as follows: Authority: 5 U.S.C. 1204(h), 3330a, 3330b; 38 U.S.C. 4331. §§ 1208.11, 1208.12, 1208.13, 1208.23 [Amended] 2. Amend sections 1208.11(b) and (c), 1208.12, 1208.13(a)(4), and 1208.23(a)(5)(i) by removing “the Secretary has been unable to resolve the complaint” each place it appears and by adding in its place “the Secretary's efforts have not resolved the complaint”. 3. Amend § 1208.13 by revising paragraph (a)(3) to read as follows: § 1208.13 Content of appeal; request for hearing.

(a)* * *

(3)A statement describing in detail the basis for the appeal, that is, the protected right or benefit that was allegedly denied, including reference to the provision(s) of chapter 43 of title 38, United States Code, allegedly violated if possible. 4. Revise section 1208.14 to read as follows: § 1208.14 Representation by Special Counsel. The Special Counsel may represent an appellant in a USERRA appeal before the Board. A written statement (in any format) that the appellant submitted a written request to the Secretary of Labor that the appellant's complaint under 38 U.S.C. 4322(a) be referred to the Special Counsel for litigation before the Board and that the Special Counsel has agreed to represent the appellant will be accepted as the written designation of representative required by 5 CFR 1201.31(a). § 1208.22 [Amended] 5. Amend §§ 1208.22(a) and

(b)by removing “the Secretary has been unable to resolve the appellant's VEOA complaint” each place it appears and by adding in its place “the Secretary's efforts have not resolved the VEOA complaint”. Dated: August 10, 2000. Robert E. Taylor, Clerk of the Board. [FR Doc. 00-20736 Filed 8-15-00; 8:45 am]

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