Unknown. Interim regulations with request for comments

6,360 words·~29 min read·/register/2001/01/22/01-1487

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-2001-01-22.xml --- 66 14 Monday, January 22, 2001 Contents African African Development Foundation NOTICES Meetings; Sunshine Act, 6566 01-1860 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Forest Service See National Agricultural Statistics Service See Natural Resources Conservation Service Air Force Air Force Department NOTICES Meetings: Community College Board of Visitors, 6574 01-1570 Alcohol Alcohol, Tobacco and Firearms Bureau NOTICES Agency information collection activities:

Proposed collection; comment request, 6761-6763 01-1809 01-1810 01-1811 01-1812 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: West Indian fruit fly, 6429-6436 01-1618 PROPOSED RULES Animal welfare: Dogs intended for hunting, breeding, or security purposes; dealer licensing and inspection requirements, 6491-6492 01-1654 Plant-related quarantine, foreign: Mangoes from Philippines, 6488-6491 01-1655 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, 6574-6578 01-1564 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Submission for OMB review; comment request, 6619-6620 01-1763 Coast Guard Coast Guard RULES Drawbridge operations: Florida, 6474-6475 01-1850 Ports and waterways safety: New York annual fireworks displays, NY; safety zones, 6477-6480 01-1667 Wrangell Narrows Shipping Channel, AK; safety zone, 6475-6477 01-1669 PROPOSED RULES Drawbridge operations:

Florida, 6513-6514 01-1544 Ports and waterways safety: Strait of Juan de Fuca and adjacent waters, WA; port access routes; study results, 6514-6516 01-1847 NOTICES Committees; establishment, renewal, termination, etc.: Cook Inlet Regional Citizens’ Advisory Council, 6747-6748 01-1849 Reports and guidance documents; availability, etc.: Carbon monoxide hazard caused by generator exhaust; recreational boaters advisory, 6748 01-1666 Commerce Commerce Department See Census Bureau See Export Administration Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 6572-6574 01-1646 01-1647 Commodity Commodity Credit Corporation NOTICES Grants and cooperative agreements; availability, etc.:

Farmland Protection Program, 6566-6570 01-1759 Commodity Commodity Futures Trading Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 6586-6587 01-1766 Defense Defense Department See Air Force Department See Navy Department PROPOSED RULES Federal Acquisition Regulation (FAR): Electronic and information technology accessibility, 7165-7168 01-1657 NOTICES Committees; establishment, renewal, termination, etc.: V-22 Program Review Panel, 6587 01-1716 Meetings:

President's Information Technology Advisory Committee, 6587 01-1719 Science Board, 6587-6588 01-1715 01-1717 01-1718 Education Education Department RULES Special education and rehabilitative services: State Vocational Rehabilitation Services Program, 7249-7258 01-1746 NOTICES Grants and cooperative agreements; availability, etc.: Educational research and improvement— Education Improvement fund; community coaches, 6588-6589 01-1761 Postsecondary education— Child Care Access Means Parents in School Program, 6589-6591 01-1680 Special education and rehabilitative services— Individuals with disabilities; various programs, 6831-6848 01-1241 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.:

Workforce Investment Act demonstration program and Incumbent/dislocated workerSkill Shortage II demonstration program; solicitation change, 6678 01-1696 Meetings: Senior Community Service Employment Program; town hall meeting, 6678-6679 01-1801 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.: Basic Energy Sciences Advisory Board, 6597 01-1692 High Energy Physics Advisory Panel, 6598 01-1693 Grants and cooperative agreements; availability, etc.:

Pantex Plant, Amarillo, TX; medical surveillance support for former DOE workers, 6591-6593 01-1603 Scientific Discovery Through Advanced Computing Program— High Energy and Nuclear Physics Research, 6593-6597 01-1782 Meetings: Environmental Management Site-Specific Advisory Board— Fernald Site, OH, 6597-6598 01-1694 Energy Energy Efficiency and Renewable Energy Office RULES Consumer products; energy conservation program: Central air conditioners and central air conditioning heat pumps— Energy conservation standards, 7169-7200 01-1790 PROPOSED RULES Consumer products; energy conservation program:

Test procedures— Central air conditioners and heat pumps, 6767-6829 01-39 NOTICES Environmental statements; availability, etc.: Residential central air conditioners and heat pumps; Energy conservation standard, 7200-7201 01-1791 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Synthetic organic chemical manufacturing industry and other processes subject to equipment leaks negotiated regulation, 6921-6939 01-60 Reporting and recordkeeping requirements, 6480-6481 01-1826 Water pollution; effluent guidelines for point source categories:

Oil and gas extraction; synthetic-based and other non-aqueous drilling fluids, 6849-6919 01-361 Water supply: National primary drinking water regulations— Arsenic; maximum contaminant level goal, etc., 6975-7066 01-1668 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Texas, 6521-6523 01-1519 Toxic substances: Lead— Lead-based paint abatement activities and training; notification requirements, 7207-7216 01-1797 NOTICES Committees; establishment, renewal, termination, etc.:

Environmental Policy and Technology National Advisory Council, 6606 01-1828 Meetings: Gulf of Mexico Program Management Committee, 6606 01-1650 Water pollution; discharge of pollutants (NPDES): Texas— Oil and gas extraction; coastal subcategory discharges; general permit, 6607-6610 01-1829 Executive Executive Office of the President See Presidential Documents Export Export Administration Bureau RULES Export administration regulations: License Exception CTP revisions; high performance computers, U.S. export controls;

January 10, 2001 Presidential Announcement implementation Correction, 6465 01-1863 NOTICES Export privileges, actions affecting: Reyes, Randy, 6578-6579 01-1620 Rigolli, Peter, 6579-6580 01-1619 FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 6449-6451 01-1234 Bombardier, 6454-6456 01-1659 Eurocopter Deutschland GmbH, 6453-6454 01-1585 MD Helicopters, Inc., 6451-6452 01-1586 Rolladen Schneider Flugzeugbau GmbH, 6446-6448 01-1230 Class E airspace, 6456-6459 01-1672 01-1673 01-1855 Jet routes; correction, 6456 01-1853 PROPOSED RULES Airworthiness directives:

Bell et al., 6494-6495 01-1587 Bombardier, 6495-6497 01-1663 Cessna, 6499-6502 01-1665 Construcciones Aeronauticas, S.A., 6497-6499 01-1664 Airworthiness standards: Special conditions— Ayres Corp. Model LM 200 Loadmaster airplane, 6492-6493 01-1670 NOTICES Environmental statements; notice of intent: New York/New Jersey/Philadelphia Metropolitan Airspace Redesign Project; scoping meetings, 6748-6749 01-1859 Exemption petitions; summary and disposition, 6750-6752 01-1676 01-1677 01-1678 Meetings:

Field Approval Process, 6752 01-1857 Passenger facility charges; applications, etc.: Mahlon Sweet Field, OR, 6752-6753 01-1674 Technical standard orders: Gas turbine auxiliary power units, 6753 01-1858 FBI Federal Bureau of Investigation NOTICES Agency information collection activities: Submission for OMB review; comment request, 6675-6676 01-1846 Privacy Act: Systems of records, 6633-6634 01-1617 FCC Federal Communications Commission RULES Regulatory fees; waivers, reductions, and deferrals; correction, 6483 01-1251 NOTICES Agency information collection activities:

Proposed collection; comment request, 01-1756 6610-6611 01-1757 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Riverside Canal Power Co. et al., 6600-6603 01-1781 Meetings; Sunshine Act, 6604-6605 01-1961 Practice and procedure: Off-the-record communications, 6605-6606 01-1578 *Applications, hearings, determinations, etc.:* Duke Energy Hinds, LLC, 6598-6599 01-1580 Eastern Shore Natural Gas Co., 6599 01-1754 Hunlock Creek Energy Ventures, 6599-6600 01-1582 Mobile Energy, LLC, 6600 01-1581 Raton Gas Transmission Co., 6600 01-1579 San Diego Gas & Electric Co. et al., 6603 01-1755 Tennessee Gas Pipeline Co., 6603 01-1753 Federal Highway Federal Highway Administration NOTICES Reports and guidance documents; availability, etc.:

Telecommunications installations on limited access highway right-of-way, 6753-6756 01-1644 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 6611 01-1656 Fish Fish and Wildlife Service RULES Endangered and threatened species: Habitat conservation plans, safe harbor agreements, and candidate conservation agreements with assurances; affirmation, 6483-6487 01-1483 NOTICES Agency information collection activities: Submission for OMB review; comment request, 6648-6649 01-1705 Environmental statements; availability, etc.:

Southern sea otters off Pacific Coast; capture and removal policy, 6649-6652 01-1799 Food Food and Drug Administration RULES Administrative practice and procedure: Meetings, correspondence, and public calendars, 6465-6469 01-1566 Food additives: Adjuvants, production aids, and sanitizers— Manganese ammonium pyrophosphate (C.I. Pigment Violet 16), 6469-6470 01-1565 PROPOSED RULES Food for human consumption: Imported food products that have been refused admission into U.S.; marking requirements and reimportation prohibitions, 6502-6511 01-1607 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 6620-6623 01-1567 Animal drugs, feeds, and related products: Enrofloxacin for poultry; proposal to withdraw approval; hearing; correction, 6623-6624 01-1866 Food for human consumption: Food Chemicals Codex; 4th Edition— Monographs, test procedures, and test solutions; revisions, 6624-6625 01-1713 Meetings: Medical Devices Advisory Committee, 6625-6626 01-1712 Reports and guidance documents; availability, etc.: Regulatory Procedures Manual;

Chapter 9 subchapters— Communications concerning civil monetary penalties assessment by Customs Service in imported food cases, 6626 01-1699 Regulatory Procedures Manual, Chapter 9 subchapters— Imported foods; secured storage requirements, 6627 01-1700 Yellow corn and dry-milled yellow corn shipments intended for human food use; sampling and testing recommendations for Cry9C protein residues, 6627-6628 01-1609 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* California Atlantic Richfield Products Co.

(ARCO); oil refinery complex; correction, 6581 01-1685 Mississippi Alliant Aerospace Composite Structures Co.; space launch vehicle composite structure manufacturing facility, 6581 01-1683 Ohio Sunoco, Inc.; oil refinery complex, 6581-6582 01-1681 Oklahoma Conoco, Inc.; oil refinery complex, 6582-6583 01-1682 Washington Tesoro Northwest Co.; oil refinery complex, 6583-6585 01-1684 Forest Forest Service NOTICES Environmental statements; notice of intent: Beaverhead-Deerlodge National Forest, MT, 6570-6571 01-1818 GSA General Services Administration RULES Federal travel:

Privately owned vehicle mileage reimbursement, 6481-6483 01-1466 PROPOSED RULES Federal Acquisition Regulation (FAR): Electronic and information technology accessibility, 7165-7168 01-1657 NOTICES Acquisition regulations: Medical Record-Radiologic Consultation Request/Report (SF 519A); form cancellation, 6611 01-1832 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Care Financing Administration See Health Resources and Services Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

National Community Centers of Excellence in Women's Health Program, 6611-6617 01-1807 Organization, functions, and authority delegations: National Institutes of Health— Minority Health and Health Disparities Center, 6617-6619 01-1808 Health Health Care Financing Administration See Inspector General Office, Health and Human Services Department RULES Medicaid: Psychiatric residential treatment facilities providing psychiatric services to individuals under age 21; use of restraint and seclusion, 7147-7164 01-1649 NOTICES Agency information collection activities:

Proposed collection; comment request, 6628-6629 01-1724 Submission for OMB review; comment request, 01-1723 6629-6630 01-1725 Grants and cooperative agreements; availability, etc.: State Children's Health Insurance Program; correction, 6630-6632 01-1690 Health Health Resources and Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 6632-6633 01-1611 01-1613 Submission for OMB review; comment request, 6676-6677 01-1612 Meetings:

National Health Service Corps National Advisory Council, 6634 01-1610 Rural Health National Advisory Committee, 6634 01-1714 Housing Housing and Urban Development Department RULES Freedom of Information Act; implementation, 6963-6973 01-1397 NOTICES Agency information collection activities: Submission for OMB review; comment request, 6643-6645 01-1840 01-1841 Grants and cooperative agreements; availability, etc.: Public and Indian housing— Fair Share Allocation of Incremental Voucher Funding (2001 FY), 6645 01-1800 Mortgage and loan insurance programs:

Debenture interest rates, 6645-6646 01-1707 Organization, functions, and authority delegations: Assistant Secretary for Housing-Federal Housing Commissioner et al., 6646-6647 01-1706 Supportive housing for elderly; Sections 202 and 811 Capital Advance Programs; revised development cost limits, 6647-6648 01-1839 Immigration Immigration and Naturalization Service RULES Immigration: Aliens— Deportation proceedings; relief for certain aliens, 6436-6446 01-1785 Indian Indian Affairs Bureau RULES Trust management reform:

Leasing/permitting, grazing, probate and funds held in trust, 7067-7145 01-1419 Inspector Inspector General Office, Health and Human Services Department NOTICES Program exclusions; list, 6634-6637 01-1622 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service NOTICES Meetings: Citizen Advocacy Panels— Brooklyn District, 6763 01-1560 International International Trade Administration RULES Worsted wool fabric imports; tariff rate quota implementation, 6459-6464 01-1949 NOTICES Antidumping:

Frozen concentrated orange juice from— Brazil, 6585 01-1842 Meetings: Environmental Technologies Trade Advisory Committee, 6585 01-1602 North American Free Trade Agreement (NAFTA); binational panel reviews: Corrosion-resistant steel flat products from— Canada, 6585-6586 01-1819 International International Trade Commission NOTICES Import investigations: Plasma display panels and products containing same, 6668 01-1784 Justice Justice Department See Federal Bureau of Investigation See Immigration and Naturalization Service RULES National Instant Criminal Background Check System:

Firearms transactions; information retention, 6470-6474 01-1616 Privacy Act; implementation, 6470 01-1737 NOTICES Pollution control; consent judgments: American Scrap Co. et al., 6669 01-1734 Hitchiner Manufacturing Co., Inc., 6670 01-1732 Katz, Philip, et al., 6669 01-1760 Lightman, Jerome, et al., 6669-6670 01-1733 Rhode Island Technical Plating, Inc., 6670 01-1731 Privacy Act: Systems of records, 6670-6675 01-1738 01-1739 01-1740 01-1741 Labor Labor Department See Employment and Training Administration See Pension and Welfare Benefits Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 6677-6678 01-1615 Land Land Management Bureau NOTICES Closure of public lands: Arizona, 6652-6653 01-1605 Idaho, 6653-6655 01-1727 Environmental statements; availability, etc.: Grants Pass Resource Area, OR, 6655-6656 01-1726 Jurisdictional transfers: Crow Indian Reservation, MT; correction, 6656 01-1730 Meetings: Wild Horse and Burro Advisory Board, 6656-6657 01-1679 Public land orders: Colorado, 6657 01-1571 Montana, 6657-6658 01-1816 New Mexico, 6663 01-1817 Recreation management restrictions, etc.:

Jackson County, OR; paint ball equipment use restriction, 6661 01-1728 Moab Field Office, UT; camping and woodcutting and gathering restrictions, 6658-6659 01-1594 Moab Field Office, UT; travel by off-road vehicles and mountain bikes, 6659-6661 01-1595 Woodrat Mountain Hang Gliding Site, OR; hang gliding prohibition, 6661 01-1729 Resource management plans, etc.: Valley County, UT, 6661-6662 01-1624 Survey plat filings: Oregon/Washington, 6662-6663 01-1572 Withdrawal and reservation of lands:

Oregon, 6663-6664 01-1703 Oregon and California, 6664 01-1697 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 6695-6697 01-2003 01-2004 01-2005 01-2006 01-2007 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Electronic and information technology accessibility, 7165-7168 01-1657 NOTICES Agency information collection activities: Submission for OMB review; comment request, 6697-6698 01-1777 Inventions, Government-owned; availability for licensing, 6698-6700 01-1767 01-1768 01-1769 01-1770 01-1771 01-1772 01-1773 01-1774 Meetings:

Advisory Council Aero-Space Technology Advisory Committee, 6700 01-1776 Task forces, 6700 01-1775 National Agricultural National Agricultural Statistics Service NOTICES Committees; establishment, renewal, termination, etc.: Agriculture Statistics Advisory Committee, 6571-6572 01-1267 National Highway National Highway Traffic Safety Administration PROPOSED RULES Fuel economy standards: Corporate relationship changes; manufacturers rights and responsibilities, 6523-6532 01-1524 Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act; implementation:

Defective motor vehicles and equipment; early warning reporting requirements, 6532-6545 01-1502 NOTICES Agency information collection activities: Proposed collection; comment request, 6756-6757 01-1852 Motor vehicle safety standards; exemption petitions, etc.: Bridgestone/Firestone, Inc., 6757 01-1851 Panoz Auto Development Co., 6757-6759 01-1691 Reports and guidance documents; availability, etc.: Motor vehicle safety standards— Occupant crash protection; fatality reduction by safety belts; evaluation report; comment request, 6759-6760 01-1702 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 6637-6638 01-1643 Meetings:

National Cancer Institute, 6638-6640 01-1628 01-1629 01-1630 01-1631 01-1632 01-1633 01-1634 National Heart, Lung, and Blood Institute, 6640-6641 01-1635 01-1636 01-1637 01-1642 National Institute of Diabetes and Digestive and Kidney Diseases, 6642 01-1640 National Institute of Environmental Health Sciences, 6641 01-1627 6642 01-1641 National Institute on Aging, 6641-6642 01-1639 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— American Fisheries Act; emergency revisions, 7326-7331 01-1698 Bering Sea and Aleutian Islands and Gulf of Alaska groundfish;

Steller sea lion protection measures, 7275-7327 01-1744 PROPOSED RULES Marine mammals: Commercial fishing authorizations— Fisheries categorized according to frequency of incidental takes; 2001 list, 6545-6565 01-1542 NOTICES Agency information collection activities: Submission for OMB review; comment request, 6586 01-1845 National Park National Park Service RULES Special regulations: Yellowstone National Park, John D. Rockefeller, Jr. Memorial Parkway, Grand Teton National Park; snowmobile and snowplane use; limitations and prohibitions, 7259-7268 01-1944 PROPOSED RULES Special regulations:

Wupatki National Monument, AZ; golden eaglets; religious ceremonial collection by Hopi Tribe, 6516-6521 01-1743 NOTICES Environmental statements; availability, etc.: Dry Tortugas National Park, FL; general management plan, 6664-6665 01-1576 Montana and Yellowstone National Park; bison management plan, 6665-6666 01-1574 Meetings: Acadia National Park Advisory Commission, 6666 01-1575 National Park System Advisory Board, 6666-6667 01-1658 National Register of Historic Places: Pending nominations, 6667-6668 01-1742 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.:

Hickory Creek Watershed, TN, 6572 01-1722 Field office technical guides; changes: Michigan, 6572 01-1838 Grants and cooperative agreements; availability, etc.: Farmland Protection Program, 6566-6570 01-1759 Navy Navy Department NOTICES Reports and guidance documents; availability, etc.: Strategic vision for achieving sustainable marine resources within U.S. Exclusive Economic Zone, 6588 01-1621 Nuclear Nuclear Regulatory Commission NOTICES Reports and guidance documents; availability, etc.:

Materials licenses, consolidated guidance— Agreement State licensees, NRC Form 241 guidance, and guidance for NRC licensees proposing to work in agreement State jurisdiction, 6704-6705 01-1600 Service provider licenses; program-specific guidance, 6704 01-1599 *Applications, hearings, determinations, etc.:* Calvert Cliffs Nuclear Power Plant, 6701 01-1597 Duke Cogema Stone & Webster, 6701 01-1598 PSEG Nuclear LLC, 6701-6703 01-1779 Vermont Yankee Nuclear Power Corp., 6703 01-1601 Yankee Atomic Electric Co., 6703-6704 01-1778 Pension Pension and Welfare Benefits Administration NOTICES Employee benefit plans; prohibited transaction exemptions:

Keystone Brokerage, Inc., et al., 6679-6695 01-1197 Personnel Personnel Management Office RULES Employment: District of Columbia Department of Corrections displaced employees; Federal priority consideration program, 6427-6429 01-1487 NOTICES Excepted service: Schedules A, B, and C; positions placed or revoked— Update, 6705 01-1747 Presidential Presidential Documents PROCLAMATIONS Buck Island Reef National Monument; boundary enlargement (Proc. 7392), 7333-7338 01-2097 Carrizo Plain National Monument; establishment (Proc. 7393), 7339-7342 01-2098 Kasha-Katuwe Tent Rocks National Monument; establishment (Proc. 7394), 7343-7346 01-2099 Minidoka Internment National Monument; establishment (Proc. 7395), 7347-7350 01-2100 Pompeys Pillar National Monument; establishment (Proc. 7396), 7351-7353 01-2101 Sonoran Desert National Monument; establishment (Proc. 7397), 7354-7358 01-2102 Upper Missouri River Breaks National Monument; establishment (Proc. 7398), 7359-7363 01-2103 Virgin Islands Coral Reef National Monument; establishment (Proc. 7399), 7364-7367 01-2104 *Special observances:* Religious Freedom Day (Proc. 7391), 7203-7206 01-1908 EXECUTIVE ORDERS Trade:

Africa/Caribbean Basin trade acts; implementation (EO 13191), 7269-7273 01-2014 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Research Research and Special Programs Administration PROPOSED RULES Hazardous materials: Infectious substances and genetically modified micro-organisms; standards revision, 6941-6962 01-92 SEC Securities and Exchange Commission NOTICES Agency information collection activities:

Submission for OMB review; comment request, 6705-6706 01-1748 Investment Company Act of 1940: Exemption applications— BankBoston Co-Investment Partners

(1999)L.P. et al., 6706-6711 01-1651 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 6714 01-1805 Chicago Board Options Exchange, Inc., 6715-6718 01-1806 Chicago Stock Exchange, Inc., 6718-6719 01-1749 Consolidated Tape Association and Quotation Plans; amendments, 6719-6720 01-1804 New York Stock Exchange, Inc., 6721-6726 01-1750 01-1803 Options Clearing Corp., 6726-6727 01-1653 Pacific Exchange, Inc., 6727-6729 01-1802 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 6711-6713 01-1652 SBA Small Business Administration RULES New Markets Venture Capital Program, 7217-7246 01-1710 NOTICES Grants and cooperative agreements; availability, etc.: Business-to-Business Learning, Investment, Networking, and Collaboration (BusinessLINC) Program, 6729 01-1709 New Markets Venture Capital Program, 7246-7247 01-1711 Minority Contractors Finance Pilot Loan Program; establishment, 6729-6730 01-1787 Social Social Security Administration NOTICES Meetings: Ticket to Work and Work Incentives Advisory Panel, 6730-6731 01-1952 State State Department NOTICES Meetings: United Nations Environment Program; persistent organic pollutants; international agreement negotiations, 6731-6732 01-1834 Statistical Statistical Reporting Service See National Agricultural Statistics Service Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 6642-6643 01-1593 Meetings: SAMHSA National Advisory Council, 6643 01-1568 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Abandoned mine land reclamation: Fee collection and coal production reporting; OSM-1 Form; electronic filing, 6511-6513 01-1765 TVA Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 6732-6733 01-1993 Thrift Thrift Supervision Office NOTICES *Applications, hearings, determinations, etc.:* BUCS Financial Corp., 6763-6764 01-1577 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration NOTICES Reports and guidance documents; availability, etc.: National origin discrimination as it affects limited English proficient persons; prohibition; policy guidance to Federal financial assistance recipients, 6733-6747 01-1745 Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Internal Revenue Service See Thrift Supervision Office NOTICES Nondiscrimination on basis of sex in federally assisted education programs or activities; Federal financial assistance covered by Title IX, 6760-6761 01-1596 Veterans Veterans Affairs Department NOTICES Privacy Act: Systems of records, 6764-6766 01-1561 Separate Parts In This Issue Part II Department of Energy, Energy Efficiency and Renewable Energy Office, 6767-6829 01-39 Part III Department of Education, 6831-6848 01-1241 Part IV Environmental Protection Agency, 6849-6919 01-361 Part V Environmental Protection Agency, 6921-6939 01-60 Part VI Department of Transportation, Research and Special Programs Administration, 6941-6962 01-92 Part VII Department of Housing and Urban Development, 6963-6973 01-1397 Part VIII Environmental Protection Agency, 6975-7066 01-1668 Part IX Department of the Interior, 7067-7145 01-1419 Part X Department of Health and Human Services, Health Care Financing Administration, 7147-7164 01-1649 Part XI Department of Defense, General Services Administration, National Aeronautics and Space Administration, 7165-7168 01-1657 Part XII Department of Energy, Office of Energy Efficiency and Renewable Energy 7200-7201 01-1791 Part XIII The President, 7203-7206 01-1908 Part XIV Environmental Protection Agency, 7207-7216 01-1797 Part XV Small Business Administration, 7217-7246 01-1710 01-1711 Part XVI Department of Education, 7249-7258 01-1746 Part XVII Department of the Interior, National Park Service, 7259-7268 01-1944 Part XVIII The President, 7269-7273 01-2014 Part XIX Department of Commerce, National Oceanic and Atmospheric Administration, 7275-7331 01-1744 01-1698 Part XX The President, 7333-7363 01-2097 01-2098 01-2099 01-2100 01-2101 01-2101 01-2102 01-2103 Part XXI The President, 7369-7371 01-2207 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. 66 14 Monday, January 22, 2001 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 330 RIN 3206-AI28 Federal Employment Priority Consideration Program for Displaced Employees of the District of Columbia Department of Corrections AGENCY: U.S. Office of Personnel Management. ACTION: Interim regulations with request for comments. SUMMARY: The Office of Personnel Management

(OPM)is issuing interim regulations to implement provisions of law affecting the priority consideration program for certain displaced employees of the District of Columbia Department of Corrections seeking Federal positions. These regulations also incorporate comments and suggestions received on the interim regulations OPM published on August 4, 1998. DATES: This interim regulation is effective on January 22, 2001. Written comments will be considered if received no later than March 23, 2001. ADDRESSES: Send or deliver written comments to: Carol J. Okin, Associate Director for Employment, Office of Personnel Management; Suite 6500, 1900 E Street NW., Washington, DC 20415-9000. FOR FURTHER INFORMATION CONTACT: Jacqueline Yeatman on

(202)606-0960, FAX

(202)606-2329, TDD

(202)606-0023 or by email at jryeatma@opm.gov. SUPPLEMENTARY INFORMATION: Initial Public Law and Regulations The National Capital Revitalization and Self-Government Improvement Act (part of the Balanced Budget Act of 1997, sec. 11201, Pub. L. 105-33, 111 Stat. 738, enacted August 5, 1997) mandated that the Lorton Correctional Complex be closed by December 31, 2001. Section 11203 of this law gave priority consideration to employees of the District of Columbia

(DC)Department of Corrections

(DOC)displaced by this closure. The law established two priority consideration programs—one for vacant Bureau of Prisons law enforcement positions (for employees meeting the qualification and suitability requirements for those positions), and another for most other Federal vacancies. The Department of Justice maintains the priority consideration program for displaced Department of Corrections employees interested in Federal Bureau of Prisons law enforcement positions. On August 4, 1998, OPM issued interim regulations with request for comment to implement the Priority Consideration Program covering most vacancies in Federal agencies. Under the interim regulations, present and former DC DOC employees receiving a reduction in force

(RIF)separation notice from the DC Government issued after August 7, 1997, were eligible for priority consideration when applying for certain vacant competitive service positions in Federal Executive Branch agencies (unless they had been appointed to a law enforcement position in the Department of Justice Bureau of Prisons). In order to receive this priority, the DC DOC employee had to apply and be found well-qualified. This priority consideration was similar to the program for Federal employees described in 5 CFR part 330, subpart G—Interagency Career Transition Assistance Plan (ICTAP) for Displaced Employees. The law provided that this program would expire one year after closure of the Lorton correctional complex. Second Public Law After we published the interim regulations, President Clinton signed the District of Columbia Courts and Justice Technical Corrections Act of 1998 (Pub. L. 105-274) on October 21, 1998. This law contained several major changes affecting the Priority Consideration Program covering most Federal vacancies. One significant change was elimination of the requirement that DC Corrections employees be “well-qualified” to get priority. The other major change in the law was the establishment of a competitive service appointing authority for DC DOC appointees hired through this program. As a result of this second statute, agencies *must:*

(1)Make all new appointments under this program into the competitive service; and

(2)retroactively convert/correct appointments of those already hired into competitive service appointments. Because of these significant statutory changes, we have modified these regulations and are reissuing them in interim form with request for comments. This will allow for timely implementation while giving users the opportunity to submit any concerns or questions they may have about the revised regulations. Comments Received on Initial Regulations Issued After OPM published the initial regulations in August, 1998, we received comments from three Federal agencies. Two agencies noted the issue of the order of selection as it applies to this program. The interim regulations stated, in § 330.1103(d), that the priority and order of selection for this program are similar to ICTAP (the order of selection and exceptions to ICTAP appear in § 330.705). The commenting agencies believed the exceptions to this program, and the relationship to ICTAP priority, needed clarification. We have therefore attempted to clarify this issue in § 330.1103 of these regulations. In addition, the current ICTAP regulations, issued on July 27, 1999, include a cross-reference in § 330.705 that specifically mentions the DC DOC program. Two agencies asked about the relationship between meeting the requirements for a Federal Bureau of Prisons

(BOP)law enforcement position and this program. These agencies would prefer that OPM restrict DC DOC employees to priority under only one program at a time. However, the second public law includes a specific provision making DC DOC employees not yet “appointed to a Federal Bureau of Prisons law enforcement position” eligible for this program. A DC DOC employee would meet this definition up until actual appointment to a BOP law enforcement position. Therefore, we have revised § 330.1101 accordingly, and eliminated paragraph

(b)of § 330.1103. Another agency asked whether an employee receiving a *time-limited* appointment to a BOP law enforcement position would lose the right to priority under this program. We believe that Congress intended to assist displaced DC DOC employees in securing *permanent* employment, either in a BOP law enforcement position or in another Federal position. Therefore, we are modifying § 330.1101 to make a DC DOC employee eligible for selection priority under this program until appointed to a *permanent* BOP law enforcement position. This means that a former DC DOC employee could accept a time-limited law enforcement position with the Bureau of Prisons, while still exercising the right to selection priority under these regulations for other Federal employment. One agency objected to the fact that employees under this program receive priority for vacancies nationwide, and potentially for more than one year, while priority under ICTAP is limited to a single commuting area and to one year. Several agencies were concerned that they might be required to pay employee relocation costs, even in cases where they lack the resources to do so. The statute for this program, however, is broad, and precludes us from limiting the area of consideration or the length of eligibility. Therefore, we have not changed these provisions in this regulation. However, we did find that some of the references to the program termination date in the initial regulation did not precisely match the language in the law. Therefore, we have modified references to the program termination date in sections 330.1102 and 330.1106 to better reflect the statutory language. Since the current statute requires DC to close the Lorton Correctional Complex by December 31, 2001, we expect this program to expire on December 31, 2002, at the latest. Two agencies raised additional questions, including:

(1)Will OPM impose any additional requirements for agency reports or vacancy announcements?

(2)are competitive service vacancies lasting 120 days or less covered by this program?

(3)are there any grade-level requirements?

(4)are DC DOC employees required to submit a current performance appraisal?

(5)if an employee declines a permanent offer under this program, will they lose their eligibility? and

(6)does this program require a second review of applicants when they are found ineligible for priority? OPM considered imposing additional requirements for announcements or agency reporting for this program, but decided against it. The current regulations under section 330.102 require agencies to notify OPM of competitive service vacancies lasting 121 days or more. Therefore, we have added a similar definition of a “vacancy” to these regulations. As for the grade level requirements, differences in the DC Government employment system make it impractical to impose grade level and performance appraisal requirements for applicants under this program. We believe the requirement to be “qualified” will screen out candidates with insufficient experience. We do, however, agree with the commenters that we need to address what happens when a candidate declines a job offer; such a provision already exists under ICTAP. Therefore, we are adding language (mirroring the ICTAP) allowing agencies to terminate their future consideration of a candidate under this program if he/she declines, or fails to respond to, a firm offer. We also agree that it is important to have a second review when an applicant initially fails to meet the program requirements. Therefore, we have added this provision to these regulations. Other Issues Addressed While we were developing these regulations, two agencies asked us to address some additional questions:

(1)Are DC DOC employees entitled to priority under these regulations for *non-law enforcement* jobs in the Bureau of Prisons? and

(2)Is the DC DOC employee required to submit proof of their eligibility for priority like ICTAP candidates? We clarified these issues by:

(1)Adding language based on the original law to the definition of vacancy in § 330.1103 to clarify which Bureau of Prisons positions are covered; and

(2)adding language to § 330.1104(a)(3) requiring applicants to provide proof of their eligibility under this subpart. One additional issue surfaced during the development of this regulation. A number of DC DOC managers and supervisors were moved into positions in the newly created Management Supervisory Service (MSS), making them, in effect, at-will employees. As a result, these employees would be separated by non-RIF termination procedures under the Lorton closure. We consulted with DC Government to find the best way to clarify the continuing eligibility of these employees for this priority consideration program, and modified section 330.1104 accordingly. Waiver of Notice of Proposed Rulemaking and Delay in Effective Date Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists for waiving the general notice of proposed rulemaking because it would be contrary to the public interest to delay access to benefits provided by law. Also, pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists to waive the delay in the effective date and make this amendment effective in less than 30 days. The delay in the effective date is being waived to give effect to the benefits extended by the amended provisions at the earliest practicable date. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because it pertains only to Federal agencies. 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, OPM is amending part 330 of title 5, Code of Federal Regulations, as follows: 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 G also issued under 5 U.S.C. 8337(h) and 8457(b); subpart K also issued under sec. 11203 of Pub. Law 105-33 (111 Stat. 738) and Pub. Law 105-274 (112 Stat. 2424); subpart L also issued under sec. 1232 of Pub. L. 96-70, 93 Stat. 452. 2. Section 330.1101 is revised to read as follows: § 330.1101 Purpose. A displaced employee of the District of Columbia

(DC)Department of Corrections

(DOC)who is separated from his/her position as a result of the closure of the Lorton Correctional Complex, and who has not been appointed to a permanent Federal Bureau of Prisons law enforcement position, is entitled to priority consideration for other Federal vacancies when he/she applies and is found qualified. 3. Section 330.1102 is revised to read as follows: § 330.1102 Duration. This program terminates 1 year after the closing of the Lorton Correctional Complex. 4. Paragraph

(b)of § 330.1103 is removed and paragraphs (c),

(d)and

(e)are redesignated as paragraphs (b),

(c)and

(d)and revised to read as follows: § 330.1103 Definitions.

(b)*Vacancy* means any competitive service position, including non-law enforcement positions in the Federal Bureau of Prisons, to be filled for a total of 121 days or more, including all extensions, regardless of whether the agency issues a specific vacancy announcement. This program does not apply to law enforcement positions covered by the Federal Bureau of Prisons Priority Consideration Program.

(c)*Priority consideration* means that a displaced DC DOC employee eligible under this subpart who applies for a vacancy and is determined to be qualified, is accorded similar priority and order of selection as an eligible current or former displaced Federal employee under 5 CFR part 330, subpart G—Interagency Career Transition Assistance for Displaced Employees. Actions which are exempt from the requirements of 5 CFR part 330 subpart G will also be exempt from the requirements of this subpart. Agencies must follow the order of selection in § 330.705(a) in filling vacancies in the Federal Government with candidates from outside their own workforce. DC DOC employees are eligible for this priority consideration without regard to any geographical restrictions.

(d)* Qualified* means an eligible employee who:

(1)Possesses the knowledge, skills, and abilities which meet the basic qualification standards and eligibility requirements for the position, including any medical qualifications, suitability, citizenship, minimum educational and experience requirements, and any applicable selective factors;

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

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

(4)Is able to satisfactorily perform the duties of the position upon entry. 5. In § 330.1104, paragraphs (a)(1), (a)(2), (a)(3), (a)(4), (b), (c)(2), (c)(4) and (c)(5) are revised, and a new paragraph (c)(6) is added to read as follows: § 330.1104 Eligibility. (a)* * *

(1)Be in receipt of a RIF separation notice, or a similar notice of non-disciplinary termination from the Management Supervisory Service, issued by the DC Department of Corrections in connection with the closure of the Lorton Correctional Complex.

(2)Have not been appointed to a permanent Federal Bureau of Prisons law enforcement position;

(3)Apply for a vacancy within the time frames established by the agency, and include proof of eligibility;

(4)Be found qualified for the specific vacancy.

(b)*Eligibility for priority consideration begins:* on the date the DC DOC employee receives or is issued a specific RIF separation notice, or a similar notice of non-disciplinary termination from the Management Supervisory Service (MSS), issued by the DC DOC due to the closure of the Lorton Correctional Complex.

(c)* * *

(2)When the DC DOC employee is no longer being separated by RIF, or by similar non-disciplinary termination from the Management Supervisory Service, due to the closure of the Lorton Correctional Complex; * * *

(4)When the DC DOC employee voluntarily separates by resignation or retirement prior to the RIF effective date or the non-disciplinary MSS termination date;

(5)When the DC DOC employee is separated by a non-RIF involuntary separation or disciplinary or other MSS termination not related to the closure of the Lorton correctional complex; or

(6)Eligibility within a specific agency may terminate if the employee:

(i)Declines a permanent appointment offered by the agency (whether competitive or excepted) when the employee applied and was found qualified; or

(ii)Fails to respond within a reasonable period of time to an offer or official inquiry of availability from the agency. 6. Section 330.1105 is revised to read as follows: § 330.1105 Selection.

(a)If two or more 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), and/or under subpart L of this part (Interagency Career Transition Assistance for Displaced Former Panama Canal Zone Employees) apply for a vacancy and are eligible for priority, the agency has the discretion to select any of the individuals.

(b)Agencies will conduct a documented, independent second review whenever an otherwise eligible employee fails to meet the “qualified” requirement. The applicant must be advised in writing of the results of the second review. 7. The heading and paragraphs

(a)and

(b)of § 330.1106 are revised to read as follows: § 330.1106 Appointment. (a)(1) Selectees under this subpart receive noncompetitive appointments to the competitive service under the authority of Public Law 105-274, enacted October 21, 1998.

(2)Agencies must retroactively and noncompetitively convert or correct any excepted appointments made under section 11203(b) of Public Law 105-33 to competitive service appointments under Public Law 105-274. For employees appointed before October 21, 1998, the conversion will be effective on October 21, 1998. For employees appointed on or after October 21, 1998, agencies must correct the record to reflect competitive service appointment as of the original appointment date.

(b)Eligibility for appointment under this subpart expires 1 year after the closing of the Lorton Correctional Complex. [FR Doc. 01-1487 Filed 1-19-01; 8:45 am]

Connectionstraces to 7

Traces to 7 documents

U.S. Code