Unknown. Final rule

4,246 words·~19 min read·/register/2000/08/29/00-21947

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-08-29.xml --- 65 168 Tuesday, August 29, 2000 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service Amtrak Reform Council NOTICES Meetings, 52406 00-22024 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Mexican fruit fly, 52296-52297 00-22006 Oriental fruit fly, 52296 00-22005 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings:

Access Board, 52406-52407 00-22069 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Proposed collection; comment request, 00-21990 52430-52431 00-21992 Submission for OMB review; comment request, 52431-52432 00-21991 Children Children and Families Administration PROPOSED RULES Head Start Program: Family child care homes; program option, 52394-52400 00-21934 Coast Guard Coast Guard RULES Drawbridge operations: Illinois, 52307-52308 00-22035 Commerce Commerce Department See Export Administration Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Technology Administration Comptroller Comptroller of the Currency NOTICES Agency information collection activities:

Proposed collection; comment request, 52472-52474 00-22022 Corporation Corporation for National and Community Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 52412-52413 00-21983 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 52413-52414 00-21971 Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Children with disabilities programs; services and results improvement, 52629-52638 00-22061 Individuals with disabilities; various special education programs, 52617-52628 00-22060 Energy Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Presidential permit applications:

Edison Sault Electric Co., 52414-52415 00-22001 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Pharmaceuticals production, 52587-52616 00-21195 Polymers and resins— Compliance date (Group IV); indefinite stay, 52319-52323 00-21907 Air quality implementation plans; approval and promulgation; various States: California, 52313-52315 00-21909 Indiana, 52315-52319 00-21911 Oklahoma; correction, 52476-52477 C0-19376 PROPOSED RULES Air pollutants, hazardous; national emission standards:

Polymers and resins— Compliance date (Group IV); indefinite stay, 52392-52393 00-21908 Air quality implementation plans; approval and promulgation; various States: California, 52391-52392 00-21910 Indiana, 52392 00-21912 NOTICES Air pollution control: Citizens suits; proposed settlements— Zinc Corp. of America, 52424 00-22051 Patent licenses; non-exclusive, exclusive, or partially exclusive: Breton, Leo A.G., 52426-52427 00-22050 Project XL (excellence and leadership) innovative technologies projects:

Louisville and Jefferson County Metropolitan Sewer District, KY, 52427 00-22052 Narragansett Bay Commission Pretreatment Project, RI, 52425-52426 00-22053 Yolo County Accelerated Anaerobic and Aerobic Project, CA, 52426 00-22058 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Export Administration Bureau NOTICES Meetings: Materials Technical Advisory Committee, 52407 00-22027 President's Export Council, 52407 00-22026 FAA Federal Aviation Administration RULES Aircraft registration:

Court of competent jurisdiction; interpretive rule, 52301 00-22037 Airworthiness directives: British Aerospace, 52297-52298 00-21460 Fokker, 52298-52301 00-21459 Class E airspace, 52301-52302 00-22039 00-22040 PROPOSED RULES Airworthiness directives: Aerospatiale, 52369-52371 00-21995 British Aerospace, 00-21996 52371-52375 00-21997 Cessna; withdrawn, 52363-52364 00-21985 Dornier, 52365-52367 00-21993 Empresa Brasileira de Aeronautica, S.A., 52367-52369 00-21994 LET, a.s.; withdrawn, 52364-52365 00-21986 Pilatus Britten-Norman Ltd.; withdrawn, 52363 00-21984 Class D and Class E4 airspace, 52375-52376 00-22043 NOTICES Meetings:

RTCA, Inc., 52471 00-22041 Passenger facility charges; applications, etc.: Lovell Field Airport, TN, 52471 00-22042 FCC Federal Communications Commission RULES Common carrier services: Competitive bidding procedures for all auctionable services, 52323-52348 00-21982 Radio stations; table of assignments: Texas, 52348 00-21946 PROPOSED RULES Common carrier services: Competitive bidding procedures; small business status determination; total assets test, etc., 52401-52403 00-21981 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 52427-52428 00-22009 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Practice and procedure: Program fraud; civil penalties, 52352-52363 00-21999 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Indianapolis Power & Light Co. et al., 52415-52418 00-22020 *Applications, hearings, determinations, etc.:* El Paso Natural Gas Co., 52415 00-21966 Kinder Morgan Texas Pipeline, Inc., 52415 00-21965 Federal Reserve Federal Reserve System NOTICES Agency information collection activities:

Reporting and recordkeeping requirements, 52428-52429 00-21956 Banks and bank holding companies: Change in bank control, 52429 00-21958 Formations, acquisitions, and mergers, 52429-52430 00-21957 Fish Fish and Wildlife Service NOTICES Endangered and threatened species permit applications, 52434-52435 00-21987 Food Food and Drug Administration RULES Biological products: Biological license implementation; establishment and product licenses elimination; technical amendment, 52302 00-21895 Human drugs:

Topical antifungal products (OTC); final monograph amendment, 52302-52305 00-21896 PROPOSED RULES Medical devices: Postmarket surveillance, 52376-52391 00-21827 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Care Financing Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Health Care Financing Administration NOTICES Meetings:

Medicare program; coverage decisions; criteria— Town hall meeting, 52432 00-22064 Indian Indian Affairs Bureau NOTICES Liquor and tobacco sale or distribution ordinance: Smith River Rancheria, CA, 52435 00-22065 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service IRS Internal Revenue Service NOTICES Inflation adjustment factor and reference prices: Renewable electricity production credit, 52474 00-22076 International International Trade Administration NOTICES Antidumping:

Uranium from— Russia, 52407-52408 00-22072 North American Free Trade Agreement (NAFTA); binational panel reviews: Pure and alloy magnesium from— Canada, 52408 00-21954 Pure magnesium from— Canada, 52408-52409 00-21953 Scope rulings; list, 52409-52410 00-22073 Justice Justice Department See National Institute of Justice Labor Labor Department See Pension and Welfare Benefits Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Mesquite Gold Mine, CA, 52435-52436 00-21988 Environmental statements; notice of intent:

Ord Mountain Grazing Allotment, CA, 52436 00-21989 Motor vehicle use restrictions: Utah, 52437 00-21869 Protraction diagram plat filings: Montana, 52437-52438 00-21832 00-21833 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Evenflo Co., Inc., 52471-52472 00-22036 National Institute National Institute of Justice NOTICES Meetings: Future of DNA Evidence National Commission, 52445 00-22071 NIH National Institutes of Health NOTICES Meetings:

National Human Genome Research Institute, 00-21951 52432-52433 00-21952 National Institute of Neurological Disorders and Stroke, 52433 00-21949 Scientific Review Center, 52433 00-21950 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: Sea turtle conservation; shrimp trawling requirements— Galveston Bay, TX; inshore waters; limited tow times use as alternative to turtle excluder devices, 52348-52350 00-21936 Fishery conservation and management:

Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico and South Atlantic coastal migratory pelagic resources, 52350-52351 00-22045 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands king and Tanner crab, 52405 00-22063 Magnuson-Stevens Act provisions— Domestic fisheries; exempted fishing permits, 52404 00-22068 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 52411 00-22066 Permits:

Marine mammals, 00-22062 52410-52412 00-22067 National Park National Park Service NOTICES Environmental statements; availability, etc.: National Capital Parks-East; U.S. Park Police aviation section hangar and fuel system improvements, 52438-52439 00-21968 National Register of Historic Places: Pending nominations, 52439-52440 00-21967 Native American human remains and associated funerary objects: Kansas State Historical Society, KS— Cultural items from Phillips County, KS, 52440 00-21972 Museum of New Mexico, NM— Cultural items from Torrance County, NM, 52440-52441 00-21973 Inventory from Socorro and Torrance Counties, NM, 52441-52442 00-21974 Peabody Museum of Archaeology and Ethnology, MA— Pawnee iron hatchet and adze head from Nebraska, 52442 00-21975 State Archaeologist Office, University of Iowa, IA— Inventory from Cherokee and Plymouth Counties, IA, 52442-52443 00-21977 State Archaeologist Office, University of Iowa, and State Historical Society of Iowa, IA— Inventory from Des Moines County, IA, 52443-52444 00-21978 State Historical Society of Iowa, IA— Inventory from Lyon County, IA, 52444-52445 00-21979 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 52446-52448 00-21955 Meetings:

Biomolecular Structure and Function Advisory Panel, 52448 00-21940 Cell Biology Advisory Panel, 52448-52449 00-21939 00-21943 Chemistry Special Emphasis Panel, 52449 00-21938 Experimental and Integrative Activities Special Emphasis Panel, 52449 00-21941 Physiology and Ethology Advisory Panel, 52449 00-21942 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Pennsylvania Power Co. et al., 52449-52451 00-22030 Power Authority of State of New York, 52451-52453 00-22032 Public Service Electric & Gas Co., 52453 00-22031 Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension and Welfare Benefits Administration NOTICES Committees; establishment, renewal, termination, etc.: ERISA Section 3(40) Negotiated Rulemaking Advisory Committee, 52445-52446 00-22023 Personnel Personnel Management Office RULES Employment: Displaced former Panama Canal Zone employees; interagency career transition assistance, 52293-52295 00-21947 Retirement: Nuclear materials couriers under CSRS and FERS; eligibility, 52295-52296 00-22003 NOTICES Personnel management demonstration projects:

Navy Department— Naval Sea Systems Command Warfare Centers, 52453-52456 00-22004 Postal Postal Service RULES Domestic Mail Manual: NetPost Mailing OnLine experiment; domestic classification and fee changes, 52308-52313 00-22044 PROPOSED RULES Domestic Mail Manual: Rate, fee and classification changes, 52479-52585 00-21416 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Minority Enterprise Development Week (Proc. 7333), 52287-52288 00-22227 ADMINISTRATIVE ORDERS Colombia; certification on assistance (Presidential Determination No. 2000-28 of August 22, 2000), 52291-52292 00-22209 Satellites; privatization of intergovernmental organizations (Memorandum of August 21, 2000), 52289 00-22208 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration SEC Securities and Exchange Commission NOTICES Agency information collection activities:

Submission for OMB review; comment request, 52456 00-22018 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 52456-52457 00-21962 Chicago Board Options Exchange, Inc., 52457-52459 00-21960 Depository Trust Co., 52459-52460 00-22019 Government Securities Clearing Corp., 52460 00-22017 National Association of Securities Dealers, Inc., 00-21961 52460-52463 00-22016 Pacific Exchange, Inc., 00-21959 52463-52465 00-21963 Philadelphia Stock Exchange, Inc., 52465-52467 00-22014 SBA Small Business Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 52467 00-21970 52467-52468 00-22059 Disaster loan areas: New Jersey, 52468 00-21964 Social Social Security Administration NOTICES Meetings: Ticket to Work and Work Incentives Advisory Panel; teleconference, 52468-52469 00-22139 State State Department RULES Visas; nonimmigrant documentation: Labor Department designation to approve nonimmigrant petitions for temporary agricultural workers in lieu of Immigration and Naturalization Service, 52305-52306 00-22028 Members of observer missions to United Nations; visa fees waived, 52306-52307 00-22029 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings:

SAMHSA National Advisory Council, 52433-52434 00-22025 Technology Technology Administration NOTICES National Medal of Technology Award Program; nominations, 52412 00-22008 Trade Trade Representative, Office of United States NOTICES World Trade Organization: Dispute settlement panel establishment requests— Mexico; telecommunications trade barriers, 52469-52470 00-22070 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See National Highway Traffic Safety Administration NOTICES Disadvantaged business enterprises participation in DOT financial assistance programs; inflationary adjustment, 52470-52471 00-22021 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Meetings:

Prosthetics and Special-Disabilities Programs Advisory Committee, 52474 00-22048 Scientific Review and Evaluation Board for Health Services Research and Development Service, 52474-52475 00-22049 Western Western Area Power Administration NOTICES Loveland Area Projects; post-2004 resource pool; allocation procedures, etc., 52419-52423 00-22000 Power rate adjustments: Pacific Northwest-Pacific Southwest Intertie Project, 52423-52424 00-22074 Separate Parts In This Issue Part II Postal Service, 52479-52585 00-21416 Part III Environmental Protection Agency, 52587-52616 00-21195 Part IV Department of Education, 52617-52628 00-22060 Part V Department of Education, 52629-52638 00-22061 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. 65 168 Tuesday, August 29, 2000 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 330 RIN 3206-AI56 Interagency Career Transition Assistance for Displaced Former Panama Canal Zone Employees AGENCY:

Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management is issuing final regulations that provide certain displaced employees of the former Panama Canal Zone with interagency priority consideration for vacant competitive service positions in the continental United States. These regulations are applicable to eligible displaced employees of the former Panama Canal Zone who were separated because of the transfer of Panama Canal operations and full control to the Republic of Panama.

DATES: These final regulations are effective September 28, 2000. FOR FURTHER INFORMATION CONTACT: Thomas A. Glennon or Jacqueline R. Yeatman, 202-606-0960, FAX 202-606-2329. SUPPLEMENTARY INFORMATION: Background On May 7, 1999, OPM published interim regulations at 64 FR 24504 that authorize special interagency selection priority for certain employees who are displaced from positions under the Panama Canal Employment System. The interim regulations were effective upon publication in the **Federal Register** .

Interested parties had 60 days to submit written comments. For reference, the Panama Canal Treaty of 1977, as implemented through Public Law 96-70 (93 Stat. 452, The Panama Canal Act of 1979, approved September 27, 1979, and generally effective October 1, 1979), provides for the final transfer of Panama Canal operations and full control of the former Canal Zone geographic area from the Government of the United States to the Republic of Panama on December 31, 1999. This action resulted in the involuntary separation, or geographic relocation, of most United States citizens working as Federal employees in the Canal Area.

Section 1212(a) of the Panama Canal Act, as codified in 22 U.S.C. 3652, authorized the President to establish the *Panama Canal Employment System* in accordance with applicable Treaty requirements and other provisions of law. Most Federal employees in the Canal Area held excepted service positions under the Panama Canal Employment System. However, § 1212(a) requires full interchange between these excepted service Panama Canal Employment System positions and positions in the competitive service.

Section 1232 of the Panama Canal Act, as codified in 22 U.S.C. 3672, provides certain employees of the former Canal Zone with priority consideration for continuing vacant Federal positions. Specifically, § 1232(a) of the Act authorizes special selection priority for any citizen of the United States who was an employee of the Panama Canal Company or the Canal Zone Government on March 31, 1979, and was subsequently involuntarily separated by reduction in force. This priority is not available to otherwise eligible employees who are placed in another appropriate Federal position that is located in the Republic of Panama.

Similarly, § 1232(b) of the Act authorizes special selection priority for any citizen of the United States who, on March 31, 1979, was employed in the Canal Zone under the Panama Canal Employment System as an employee of an executive branch agency (including the Smithsonian Institution), and whose position was eliminated as the result of the Panama Canal Treaty of 1977 and related agreements. This priority is not available to otherwise eligible employees who are appointed to another appropriate Federal position that is located in the Republic of Panama.

Section 1232(c) of the Act mandates that OPM establish and administer a Government-wide special selection priority program for all eligible displaced employees of the former Canal Zone. Comments OPM received one comment, from a Federal agency, on the interim regulations. The agency suggested that the final regulations limit interagency selection priority only to positions with no greater promotion potential than the displaced employee's former position under the Panama Canal Employment System.

OPM did not adopt this suggestion because of the difficulty that a hiring agency could encounter in determining the promotion potential of the employee's former Panama Canal Employment System position, particularly after the cessation of activities on December 31, 1999. The agency also suggested that the final regulations clarify that, in order to be eligible for this interagency selection program, a displaced employee must have a last performance rating of “Fully Successful” or equivalent (i.e., Summary Level 3, as defined in 5 CFR 430.208(d)).

OPM adopted this suggestion, which was implied in the interim regulations. The final regulations clarify OPM's intention that the placement program for displaced former Panama Canal Zone employees follows the general eligibility requirements set forth in 5 CFR 330.704(a)(2) for other displaced employees, who are eligible for selection priority under the Interagency Career Transition Assistance Plan, which is authorized by 5 CFR 330, subpart G. On another item, the agency suggested that OPM clarify that these regulations follow the same general order of selection that is provided under 5 CFR 330.705(a) for actions under the Interagency Career Transition Assistance Plan.

OPM has also adopted this suggestion, again because the final regulations clarify OPM's intention that the placement program for displaced former Panama Canal Zone employees follows the general provisions applicable to displaced employees who are eligible for selection priority under the Interagency Career Transition Assistance Plan. In addition, the agency suggested that OPM provide a definition of “Continental United States.” Upon review, we believe that this issue is presently covered by paragraph 5 CFR 210.102(b)(9), which provides that “ *Overseas* means outside the continental United States, but does not include Alaska, Guam, Hawaii, the Isthmus of Panama, Puerto Rico, or the Virgin Islands.

” Finally, the agency suggested that OPM provide information on the payment of relocation expenses for displaced employees. This issue is beyond the scope of OPM's statutory and regulatory responsibility, and is therefore not covered in these final regulations. Final Regulations on the Interagency Career Transition Assistance Program for Displaced Panama Canal Zone Employees Eligible displaced employees of the former Panama Canal Zone are eligible for interagency special selection priority in this new program on a similar basis as that provided to many displaced Federal employees under the *Interagency Career Transition Assistance Plan.* However, eligible displaced employees of the former Canal Zone receive special selection priority when applying for vacant positions throughout the continental United States, while the Interagency Career Transition Assistance Plan provides priority consideration to other displaced Federal employees only in the local commuting area where the displaced employee was separated.

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 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 330 Armed Forces reserves, Government employees. U.S. Office of Personnel Management. Janice R. Lachance, Director.

Accordingly, the interim rule which was published at 64 FR 24504 is adopted as final with the following changes: PART 330—RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL) 1. The authority citation for part 330 is revised 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, subpart I also issued under sec. 4432 of Pub. L. 102-484, 106 Stat. 2315; subpart K also issued under sec. 11203 of Pub. L. 105-33, 111 Stat. 738; subpart L also issued under sec. 1232 of Pub. L. 96-70, 93 Stat. 452. 2.

Subpart L of part 330 is revised to read as follows: INTERAGENCY CAREER TRANSITION ASSISTANCE FOR DISPLACED FORMER PANAMA CANAL ZONE EMPLOYEES Sec. 330.1201 Purpose. 330.1202 Definitions. 330.1203 Eligibility 330.1204 Selection. Subpart L—Interagency Career Transition Assistance for Displaced Former Panama Canal Zone Employees § 330.1201 Purpose. This subpart implements Section 1232 of Public Law 96-70 (the Panama Canal Act of 1979) and provides eligible displaced employees of the former Panama Canal Zone with interagency special selection priority for continuing Federal vacant positions in the continental United States. § 330.1202 Definitions.

For purposes of this subpart:

(a)*Agency* means an Executive Department, a Government corporation, and an independent establishment as cited in 5 U.S.C. 105. For the purposes of this program, the term “agency” includes all components of an organization, including its Office of Inspector General.

(b)*Canal Zone* is the definition set forth in 22 U.S.C. 3602(b)(1), and means the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements;

(c)*Eligible displaced employee of the former Panama Canal Zone* means a citizen of the United States who:

(1)Held a position in the Panama Canal Employment System that is in retention tenure group 1 or 2, as defined in § 351.501(a) of this chapter; (2)(i) Was an employee of the Panama Canal Company or the Canal Zone Government on March 31, 1979, and was continuously employed in the former Panama Canal Zone under the Panama Canal Employment System; or

(ii)Was continuously employed since March 31, 1979, in the former Panama Canal Zone under the Panama Canal Employment System as an employee of an executive agency, or as an employee of the Smithsonian Institution;

(3)Held a position that was eliminated as the result of the implementation of the Panama Canal Treaty of 1977 and related agreements;

(4)Was not appointed to another appropriate Federal position located in the Republic of Panama; and

(5)Received a specific notice of separation by reduction in force, and meets the additional eligibility criteria covered in § 330.1203.

(d)*Special selection priority* means that an eligible displaced employee of the former Panama Canal Zone who applies for a competitive service vacancy, and who the hiring agency in the continental United States determines is well-qualified, has the same special selection priority as a current or former displaced Federal employee who is eligible under 5 CFR part 330, subpart G (the Interagency Career Transition Assistance Plan), or under 5 CFR part 330, subpart K (Federal Employment Priority Consideration for Displaced Employees of the District of Columbia Department of Corrections). Eligible displaced employees of the former Panama Canal Zone have special selection priority under this subpart to positions throughout the continental United States.

(e)*Vacancy* means a competitive service position to be filled for a total of 121 days or more, including all extensions, which the agency is filling, regardless of whether the agency issues a specific vacancy announcement.

(f)*Well-qualified* employee means an eligible displaced former employee of the Panama Canal Zone who possesses the knowledge, skills, and abilities that clearly exceed the minimum qualification requirements for the position. A well-qualified employee will not necessarily meet the agency's definition of *highly or best qualified,* when evaluated against other candidates who apply for a particular vacancy, but must satisfy the following criteria, as determined and consistently applied by the agency:

(1)Meets the basic qualification standards and eligibility requirements for the position, including any medical qualifications, suitability, and minimum educational and experience requirements;

(2)Satisfies one of the following qualifications requirements:

(i)Meets all selective factors where applicable. Meets appropriate quality rating factor levels as determined by the agency. Selective and quality ranking factors cannot be so restrictive that they run counter to the goal of placing displaced employees. In the absence of selective and quality ranking factors, selecting officials will document the job-related reason(s) the eligible employee is or is not considered to be well-qualified; or

(ii)Is rated by the agency to be above minimally qualified in accordance with the agency's specific rating and ranking process. Generally, this means that the individual may or may not meet the agency's test for highly qualified, but would in fact, exceed the minimum qualifications for the position;

(3)Is physically qualified, with reasonable accommodation where appropriate, to perform the essential duties of the position;

(4)Meets any special qualifying condition(s) that OPM has approved for the position;

(5)Is able to satisfactorily perform the duties of the position upon entry; and

(6)Has a last performance rating of at least “Fully Successful” or equivalent. § 330.1203 Eligibility.

(a)In order to be eligible for special selection priority, an eligible displaced employee of the former Panama Canal Zone must:

(1)Have received a specific notice of separation by reduction in force;

(2)Have not been appointed to another appropriate position in the Government of the United States in Panama;

(3)Apply for a vacancy within the time frames established by the hiring agency; and

(4)Be found by the hiring agency as well-qualified for that specific vacancy.

(b)Eligibility for special selection priority as an eligible displaced employee of the former Panama Canal Zone begins on the date that the employee received a specific notice of separation by reduction in force.

(c)Eligibility for special selection priority as an eligible displaced employee of the former Panama Canal Zone expires on the earliest of:

(1)One year after the effective date of the reduction in force;

(2)The date that the employee receives a career, career-conditional, or excepted appointment without time limit in any agency at any grade level; or

(3)The date that the employee is separated involuntarily for cause prior to the effective date of the reduction in force action. § 330.1204. Selection.

(a)If two or more individuals apply for a vacancy and the hiring agency determines the individuals to be well-qualified, the agency has the discretion to select any of the individuals eligible for priority under subpart G of this part (the Interagency Career Transition Assistance Plan), under subpart K of this part (Federal Employment Priority Consideration for Displaced employees of the District of Columbia Department of Corrections), or under subpart L of this part (Interagency Career Transition Assistance for Displaced Former Panama Canal Zone Employees).

(b)Except as provided in § 330.705(c), when filling a position from outside the agency's workforce, the agency must select:

(1)Current or former agency employees eligible under the agency's Reemployment Priority List described in subpart B of this part; then

(2)At the agency's option, any other former employee displaced from the agency (under appropriate selection procedures, then:

(3)Current or former Federal employees displaced from other agencies who are eligible under subparts G, K, or L of this part, and then:

(4)Any other candidate (under appropriate selection procedures) (optional). [FR Doc. 00-21947 Filed 8-28-00; 8:45 am]

Connectionstraces to 10

Traces to 10 documents

U.S. Code

Temporary final rule
Notices

statutes-at-large

/statutes-at-large/vol-106/public-law-102-483
Public Law 102–483

11 references not yet in our index

5 CFR 330
Pub. L. 96-70
93 Stat. 452
5 CFR 430.208(d)
5 CFR 330.704(a)(2)
5 CFR 330.705(a)
5 CFR 210.102(b)(9)
3 CFR 1954
Pub. L. 102-484
Pub. L. 105-33
111 Stat. 738

Citation graph

cites case law

Unknown

Final rule

Stat.Public Law 102–483

U.S.C.§ 105

Cite5 CFR 330

Pub. L.Pub. L. 96-70

Stat.93 Stat. 452

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