Unknown. Interim regulation with request for comment

3,649 words·~17 min read·/register/2001/06/04/01-13917

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-2001-06-04.xml --- 66 107 Monday, June 4, 2001 Contents Agricultural Agricultural Research Service NOTICES Agency information collection activities: Proposed collection; comment request, 29925 01-13870 Agriculture Agriculture Department See Agricultural Research Service See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service See National Agricultural Statistics Service Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products:

Bovine spongiform encephalopathy; disease status change— San Marino, Andorra, and Monaco, 29899-29900 01-13913 Foot-and-mouth disease; disease status change— Argentina, 29897-29899 01-13914 PROPOSED RULES Exportation and importation of animals and animal products: Cattle from Australia and New Zealand; testing exemption Hearing, 29921 01-13912 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments: News Corp. Ltd. et al., 29997-30006 01-13863 National cooperative research notifications:

BizTech for Energy, 30006 01-13858 Cable Television Laboratories, Inc., 30006 01-13856 IMS Global Learning Consortium, Inc., 30006-30007 01-13857 National Center for Manufacturing Sciences, Inc., 30007 01-13865 Secure Digital Music Initiative, 30007 01-13855 Silicon Integration Initiative, Inc., 30007-30008 01-13864 Army Army Department NOTICES Environmental statements; notice of intent: Chemical and Biological Defense Program, 29935-29936 01-13892 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Bonneville Bonneville Power Administration NOTICES Environmental statements; availability, etc.:

Chehalis Generation Facility, OR; electrical interconnection, 29937 01-13915 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.: Infant Adoption Awareness Training Program, 29966-29976 01-13921 Coast Guard Coast Guard RULES Electrical engineering: Marine shipboard electrical cable standards, 29908-29911 01-13706 Ports and waterways safety: Captain of the Port Detroit Zone, MI; safety zone, 29907-29908 01-14091 NOTICES Agency information collection activities:

Proposed collection; comment request, 30040 01-13927 Committees; establishment, renewal, termination, etc.: National Boating Safety Advisory Council, 30040-30041 01-13926 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 29929 01-13970 Defense Defense Department See Army Department Energy Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission NOTICES Powerplant and industrial fuel use; new electric powerplant coal capability:

Self-certification filings— Augusta Energy, LLC, et al., 29937 01-13916 EPA Environmental Protection Agency NOTICES Agency information collection activities: Submission for OMB review; comment request, 29944-29945 01-13946 Meetings: National Drinking Water Advisory Council, 29945 01-13945 Superfund; response and remedial actions, proposed settlements, etc.: Rocky Flats Industrial Park Site, CO, 29945-29948 01-13948 Whalehead Beach Site, GA, 29948 01-13944 Water pollution; discharge of pollutants (NPDES):

Gulf of Mexico OCS operations— Western portion; oil and gas extraction category; general permit, 29948-29951 01-13947 Water programs: State and Tribal water quality standards; list of approvals; Internet repository, 29951-29962 01-13943 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Air Tractor, Inc., 29900-29904 01-13737 NOTICES Aeronautical land-use assurance; waivers: Anderson Regional Airport, SC, 30041 01-13959 Environmental statements; availability, etc.:

Licensed launches, 30041-30042 01-13958 Passenger facility charges; applications, etc.: St. George Municipal Airport, UT, 30042 01-13960 FCC Federal Communications Commission RULES Common carrier services: Personal communications services— Narrowband rules; modifications; competitive bidding, 29911-29920 01-13618 NOTICES Agency information collection activities: Proposed collection; comment request, 01-13893 29962-29964 01-13894 Meetings: North American Numbering Council, 29965 01-13895 Television broadcasting:

Wireless telecommunications services— New television stations; auction filing window, 29964 01-14007 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Tanir Bavi Power Co. Ltd. et al., 29939-29940 01-13881 Hydroelectric applications, 29940-29944 01-13872 01-13876 01-13877 01-13878 01-13879 *Applications, hearings, determinations, etc.:* Williams Gas Processing-Gulf Coast Co., L.P., 29937-29938 01-13875 Williston Basin Interstate Pipeline Co. et al., 29938-29939 01-13873 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings;

Sunshine Act, 30023 01-14089 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Connecticut Transportation Department, 30043 01-13928 Traffic control systems; discontinuance or modification: CSX Transportation, Inc., 01-13931 30043-30044 01-13932 01-13933 NJ Transit Rail Operations, Inc., 30044-30045 01-13929 Norfolk Southern Corp., 30045 01-13934 Union Pacific Railroad Co., 30045-30046 01-13930 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 29965 01-13939 Fish Fish and Wildlife Service NOTICES Meetings: Alaska Migratory Bird Co-management Council, 29980 01-13936 Food Food and Nutrition Service NOTICES Agency information collection activities: Proposed collection; comment request, 01-13871 29926-29927 01-13925 Forest Forest Service NOTICES Appealable decisions; legal notice: Northern Region, 29927 01-13853 Health Health and Human Services Department See Children and Families Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.:

Family planning service delivery improvement research [ **Editorial Note: ** This document, published at 66 FR 29812 in the **Federal Register** of June 1, 2001, was incorrectly identified in that issue's table of contents.] Health Health Resources and Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 29976-29977 01-13850 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International International Trade Administration NOTICES Antidumping:

Frozen concentrated orange juice from— Brazil, 29930-29933 01-13957 International International Trade Commission NOTICES Import investigations: Circular welded non-alloy steel pipe from— Various countries, 29988-29989 01-13851 Pure magnesium from— Various countries, 29987-29988 01-13967 Structural steel beams from— Various countries, 29989-29990 01-13852 Meetings; Sunshine Act, 29990 01-14090 Justice Justice Department See Antitrust Division See Justice Programs Office PROPOSED RULES Privacy Act; implementation, 29921-29922 01-13862 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 29990-29991 01-13889 Pollution control; consent judgments: Avanti Development, Inc., et al., 29991 01-13859 Marathon Oil Co. et al., 29991-29992 01-13867 Stringfellow, J.B., Jr., et al., 29992 01-13866 Privacy Act: Systems of records, 29992-29997 01-13860 01-13861 Justice Justice Programs Office NOTICES Grants and cooperative agreements; availability, etc.: Federal Justice Statistics Program, 30008-30010 01-11076 Labor Labor Department See Pension and Welfare Benefits Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 30010-30012 01-13902 01-13903 01-13904 Land Land Management Bureau NOTICES Environmental statements; availability, etc.: New Mexico, Colorado, and Utah; refined petroleum products pipeline, natural gas pipelines, and utility corridors, 29981 01-13974 Oil and gas leases Colorado, 29981-29982 01-13975 Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National Agricultural National Agricultural Statistics Service NOTICES Agency information collection activities:

Proposed collection; comment request, 29927-29929 01-13909 01-13910 01-13911 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel, 30023 01-13976 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 01-13797 30046-30047 01-13798 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 01-13886 29977-29979 01-13888 Patent licenses; non-exclusive, exclusive, or partially exclusive:

American Home Products Corp., 29979-29980 01-13887 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Caribbean Fishery Management Council; hearings and meetings, 29924 01-13972 Magnuson-Stevens Act provisions— Domestic fisheries; exempted fishing permit applications, 29922-29924 01-13971 NOTICES Meetings: South Atlantic Fishery Management Council, 29933-29934 01-13968 Permits:

Endangered and threatened species, 29934-29935 01-13969 National Park National Park Service NOTICES Concession contract negotiations: Fire Island National Seashore, NY, 29982 01-13961 Environmental statements; availability, etc.: Lake Meredith National Recreation Area et al., TX, 29982-29983 01-13962 Environmental statements; notice of intent: Olympic National Park, WA, 29983 01-13963 Native American human remains and associated funerary objects: Peabody Museum of Archaeology and Ethnology, Harvard University, MA— Quinault camas digger made of antler from Washington, 29986-29987 01-13964 University of Denver, Anthropology Department and Museum, CO— Inventory from Jefferson County, CO, 29983-29986 01-13965 National Science National Science Foundation NOTICES Meetings:

Small Business Industrial Innovation Advisory Committee, 30023-30024 01-13874 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 01-13897 30024-30025 01-13898 Petitions; Director's decisions: Consolidated Edison Co. of New York, Inc., 30028-30029 01-13896 *Applications, hearings, determinations, etc.:* Entergy Nuclear FitzPatrick, LLC, et al., 30025-30026 01-13900 FirstEnergy Nuclear Operating Co. et al., 30026-30027 01-13899 South Carolina Electric & Gas Co., 30027-30028 01-13901 Nuclear Nuclear Waste Technical Review Board NOTICES Meetings:

Yucca Mountain, NV, repository, 30029 01-13868 Pension Pension and Welfare Benefits Administration NOTICES Employee benefit plans; prohibited transaction exemptions: Merganser Capital Management LP et al., 30012-30021 01-13905 Texas Instruments et al., 30021-30023 01-13906 Personnel Personnel Management Office RULES Employment: Surplus and displaced Federal employees; career transition assistance, 29895-29897 01-13917 NOTICES Agency information collection activities: Proposed collection; comment request, 30029-30030 01-13920 Submission for OMB review; comment request, 01-13918 30030-30031 01-13919 Postal Postal Service NOTICES Meetings;

Sunshine Act, 30031 01-14132 Presidential Presidential Documents PROCLAMATIONS Lamb meat, efficient and fair administration of action with imports (Proc. 7445), 30051-30055 01-14193 Public Public Health Service See Health Resources and Services Administration See National Institutes of Health Railroad Railroad Retirement Board NOTICES Agency information collection activities: Proposed collection; comment request, 30031 01-13937 Research Research and Special Programs Administration NOTICES Hazardous materials:

Exemption applications delayed; list, 30047-30048 01-13935 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 30031-30033 01-13883 Chicago Board Options Exchange, Inc., 30033-30034 01-13884 Government Securities Clearing Corp., 30034-30035 01-13956 Pacific Exchange, Inc., 30036-30037 01-13882 01-13885 Philadelphia Stock Exchange, Inc., 30037-30039 01-13955 SBA Small Business Administration NOTICES Disaster loan areas:

Washington, 30039 01-13954 State State Department RULES Nationality and passports: Executing passport application on behalf of minor; procedures, 29904-29907 01-13845 Statistical Statistical Reporting Service See National Agricultural Statistics Service TVA Tennessee Valley Authority NOTICES Agency information collection activities: Proposed collection; comment request, 30039-30040 01-13938 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration Veterans Veterans Affairs Department NOTICES Agency information collection activities:

Proposed collection; comment request, 30048-30049 01-13849 Privacy Act: Computer matching programs, 30049 01-13847 Systems of records, 30049-30050 01-13848 Separate Parts In This Issue Part II The President, 30051-30055 01-14193 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. 66 107 Monday, June 4, 2001 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 330, 332, 351, 353 RIN 3206-AJ32 Career Transition Assistance for Surplus and Displaced Federal Employees AGENCY:

Office of Personnel Management. ACTION: Interim regulation with request for comment. SUMMARY: The Office of Personnel Management is issuing interim regulations making the current career transition assistance programs permanent to help Federal employees displaced from their jobs by downsizing. These interim regulations remove the September 30, 2001 sunset date and reporting requirements and eliminate the Interagency Placement Program. DATES: This interim regulation is effective on June 4, 2001.

We will consider written comments received by August 3, 2001. ADDRESSES: Send or deliver written comments to: Richard A. Whitford, Acting 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: It has long been the Federal Government's policy to help displaced workers affected by downsizing and restructuring find other employment, either within the Government or the private sector. The Office of Personnel Management

(OPM)has provided placement priority for employees affected by downsizing since at least 1970, by regulation. Before 1996, this consisted of the Displaced Employee Program/Interagency Placement Assistance Program (DEP/IPAP), later followed by the Interagency Placement Program (IPP). All of these programs operated under a passive model with centralized inventories, or “lists” of separated Federal employees. Agencies received these lists only when they planned to fill a vacancy through a competitive appointment register or certificate. Placement rates for these programs were relatively low for several reasons. In many cases, agencies filled jobs through the transfer or reinstatement of current or former Federal employees—and these actions did not generate IPP referral lists. In other cases, candidates on the placement list were unreachable, unavailable, or uninterested by the time their name was referred for a job. In 1995, OPM published regulations temporarily suspending the IPP and establishing the Career Transition Assistance Plan

(CTAP)and Interagency Career Transition Assistance Plan (ICTAP). The regulations were developed in cooperation with representatives from agencies and employee unions. These new programs were based on the “employee empowerment” model—an entirely different premise from previous placement programs. The idea was relatively simple—affected employees get the resources and information they need, coupled with meaningful hiring priority for Federal jobs, to help them take charge of their job search as early and effectively as possible. Placement data suggest that when employees take an active role in their own transition, faster and better placements result. The designers of these programs also believed that giving only well-qualified displaced employees hiring priority would improve the quality of placements made and reduce the “stigma” sometimes associated with selection priority. Because this was a new and untested approach to the placement of former Federal employees, the regulations included reporting requirements and a sunset date. This gave OPM the opportunity to evaluate these programs and determine their usefulness. On July 27, 1999, OPM published regulations extending the sunset date through September 30, 2001. Each year, OPM gathers information from Executive Branch agencies on their use of CTAP and ICTAP, as well as data on involuntary separations and hiring. We can assess the effectiveness of the existing placement programs using this information. The data show that agencies hired 1,182 displaced employees through ICTAP in the past four years. This represents a placement rate that is significantly higher than under the IPP. The CTAP and ICTAP programs combined have placed nearly 4,000 surplus or displaced employees since 1996. When the results for the Department of Defense Priority Placement Program

(PPP)and agency Reemployment Priority Lists

(RPLs)are added, the overall placement rate approaches 50% of those eligible. It is true that, over the last four years, the *number* of placements through CTAP and ICTAP has decreased—but this is not surprising, since fewer employees have become surplus or displaced and the number of involuntary separations has dropped off as well. Significantly, the placement *rate* (the proportion of those placed relative to the number of RIF separations) has stayed about the same. This tells us that our existing placement programs are effective tools whether downsizing activity is widespread or limited. If we allow the current placement programs to expire in 2001, the Government's primary placement tool will once again be the IPP. Based on the lower placement rate of the IPP, and the long-standing dissatisfaction of agencies with its operation, we concluded that this is not a viable option. During the IPP era, agencies used centralized registers for most competitive Federal hiring; today's environment of decentralized and delegated job-by-job examining does not lend itself to a centralized, placement-list approach. The IPP added more time to the recruitment process—time agencies cannot afford to lose in today's fast-moving and highly competitive job market. In addition, the IPP sets significantly lower standards for qualification and demonstrated performance, making it less likely to result in good placements. In contrast, CTAP and ICTAP give the employee more control over the process, are decentralized and faster, and set higher standards for “matches.” OPM and the Human Resources Management Council's Executive Committee (composed of human resource directors from cabinet departments, large agencies, and representatives from small agencies) concluded that returning to the IPP would be a step backward for the Federal Government's placement process. While ICTAP was designed primarily to help employees affected by reductions in force, it is a crucial program for other reasons. The regulations currently provide two years of ICTAP selection priority to veterans in certain restricted positions affected by competitive outsourcing under OMB Circular A-76 procedures (see 5 CFR part 330, subpart D). Former employees trying to return to work after long-term recovery from compensable injuries, former disability annuitants who have recovered, and disabled National Guard Technicians have been using ICTAP selection priority to return to work. In addition, placement programs for some District of Columbia Department of Corrections employees (5 CFR part 330, subpart K) and employees affected by the turnover of the Panama Canal (5 CFR part 330, subpart L) were patterned after ICTAP and use many of the same regulatory provisions. If we let the current programs sunset, it would affect all of these former employees. CTAP and ICTAP provide a continual “safety net” that is always available when needed, but does not significantly hamper other personnel processes when not needed. Given the continuing need for a placement safety net for employees, we believe it makes sense to remove the sunset date from these regulatory provisions. Therefore, this regulation, when finalized, will permanently eliminate the IPP and replace it with the CTAP and ICTAP. In a related change, we are eliminating the agency reporting requirements under CTAP and ICTAP to reduce the administrative burden on agencies and because these reports, originally designed to monitor agency progress when these programs were initially established, are no longer necessary. We are also deleting references to the IPP in parts 332, 351 and 353 and replacing them with ICTAP where appropriate. We are issuing this regulation as interim for several reasons. Because these placement programs would otherwise expire in September 2001, displaced employees need to know now whether they will get the one year of eligibility to which they would normally be entitled. Although current downsizing activity has tapered off significantly since the peak of a few years ago, agencies such as the Department of Defense and others are still implementing base closures, restructuring, and consolidations. In addition, the potential effects of privatization or outsourcing initiatives make these placement programs critical for those employees wishing to pursue other Federal employment options rather than accepting private employment. Finally, there are employees recovering from disability or injury who may need to use this program for help in getting back to work. In summary, we want to ensure that these important and effective placement tools for Federal employees remain in place. This will help the Federal Government maintain its image as an employer who values employees and treats them with concern even when restructuring is necessary. While we are not proposing any changes to the way these programs will operate at this time, we believe there is room for improvement. We plan to work with Federal agencies, employees, and other stakeholders on ways to improve and streamline the entire portfolio of placement programs for displaced employees. Any changes resulting from this effort would be published as proposed regulations, with request for comment, to allow for maximum dialogue on these issues. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because it affects only certain Government employees. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. List of Subjects in 5 CFR Part 330 Armed forces reserves, Government employees. U.S. Office of Personnel Management. Steven R. Cohen, Acting Director. Accordingly, OPM is amending parts 330, 332, 351 and 353 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. Subpart C—Reserved §§ 330.301—330.307 [Reserved] 2. In part 330, subpart C consisting of §§ 330.301 through 330.307, is removed and reserved. Subpart F—Agency Career Transition Assistance Plans

(CTAP)for Local Surplus and Displaced Employees §§ 330.603 and 330.610 [Removed and reserved] 3. In Subpart F, §§ 330.603 and 330.610 are removed and reserved. Subpart G—Interagency Career Transition Assistance Plan for Displaced Employees §§ 330.702 and 330.710 [Removed and reserved] 4. In Subpart G, §§ 330.702 and 330.710 are removed and reserved. PART 332—RECRUITMENT AND SELECTION THROUGH COMPETITIVE EXAMINATION 5. The authority citation for part 332 continues to read as follows: Authority: 5. U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218. § 332.314 [Removed and reserved] 6. Section 332.314 is removed and reserved. PART 351—REDUCTION IN FORCE 7. The authority citation for part 351 continues to read as follows: Authority: 5 U.S.C. 1302, 3502, 3503; sec. 351.801 also issued under E.O. 12828, 58 FR 2965. 8. In § 351.807, paragraph

(f)is revised to read as follows: § 351.807 Certification of Expected Separation.

(f)An agency may also enroll eligible employees on the agency's Reemployment Priority List up to 6 months in advance of a reduction in force. For requirements and criteria, see subpart B of part 330 of this chapter. PART 353—RESTORATION TO DUTY FROM UNIFORMED SERVICE OR COMPENSABLE INJURY 9. The authority citation for part 353 continues to read as follows: Authority: 38 U.S.C. 4301 et seq., and 5 U.S.C. 8151. 10. In § 353.110, paragraph

(b)is revised to read as follows: § 353.110 OPM Placement Assistance.

(b)Employee returning from compensable injury. OPM will provide placement assistance to an employee with restoration rights in the executive, legislative, or judicial branches who cannot be placed in his or her former agency and who either has competitive status or is eligible to acquire it under 5 U.S.C. 3304(C). If the employee's agency is abolished and its functions are not transferred, or it is not possible for the employee to be restored in his or her former agency, the employee is eligible for placement assistance under the Interagency Career Transition Assistance Plan (ICTAP) under part 330, subpart G, of this chapter. This paragraph does not apply to an employee serving under a temporary appointment pending establishment of a register (TAPER). [FR Doc. 01-13917 Filed 6-1-01; 8:45 am]

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