Unknown. Final rule

2,238 words·~10 min read·/register/2001/07/20/01-18034

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-2001-07-20.xml --- 66 140 Friday, July 20, 2001 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Meetings: American Indian/Alaskan Native Tribal Representatives; tribal consultation on Indian elder issues, 37965 01-18136 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Foreign Agricultural Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Poultry improvement:

National Poultry Improvement Plan and auxiliary provisions— Plan participants and participating flocks; new or modified sampling and testing procedures, 37919-37932 01-17805 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Grant and cooperative agreement awards: World Health Organization/Regional Office for Africa, 37965-37966 01-18158 Grants and cooperative agreements; availability, etc.:

Human immunodeficiency virus (HIV)— HIV and sexually transmitted diseases; routinely recommended counseling and testing in ambulatory care clinics and emergency rooms; research studies, 37966-37969 01-18047 Kenya; HIV/AIDS prevention activities expansion, 37971-37973 01-18156 Social and environmental interventions to prevent; research studies, 37969-37971 01-18048 Zimbabwe; international health/global AIDS program strengthening masters of public health program, 37973-37974 01-18157 Children Children and Families Administration See Refugee Resettlement Office NOTICES Agency information collection activities:

Proposed collection; comment request, 37974-37975 01-18134 01-18167 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 01-18203 37946-37947 01-18204 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Cambodia, 37951 01-18184 Commodity Commodity Futures Trading Commission PROPOSED RULES Security futures products:

Listing standards and conditions for trading, 37932-37939 01-17904 Customs Customs Service NOTICES Customhouse broker license cancellation, suspension, etc.: A.J. Murray Co., Inc., et al., 38053-38059 01-18163 Trade name recordation applications: French Dermatological Laboratory, 38059 01-18162 Labo.Derma, 38059-38060 01-18164 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 37951-37952 01-18147 Employment Employment and Training Administration NOTICES Adjustment assistance:

Bechtel Jacobs LLC, 38027 01-18152 Adjustment assistance and NAFTA transitional adjustment assistance: American Nickeloid Co. et al., 38026-38027 01-18151 NAFTA transitional adjustment assistance: Lucent Technologies et al., 38027-38029 01-18153 Employment Employment Standards Administration NOTICES Agency information collection activities: Proposed collection; comment request, 38029-38030 01-18149 Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 38030-38031 01-17903 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permits, etc.:

Aquila Energy Marketing Corp., 37952 01-18165 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Maryland, 37914-37916 01-18190 Missouri, 37904-37908, 37916-37918 01-18089 01-18091 01-18188 Pennsylvania, 37908-37914 01-18186 PROPOSED RULES Air programs: Stratospheric ozone protection— Hydrochlorofluorocarbons (HCFCs); production and consumption control; allowance system, 38063-38105 01-17199 Air quality implementation plans:

Preparation, adoption, and submittal— Regional haze standards; best available retrofit technology determinations; implementation guidelines, 38107-38135 01-18094 Air quality implementation plans; approval and promulgation; various States: Maryland, 37943 01-18191 Missouri, 37941-37943 01-18090 01-18092 01-18189 Pennsylvania, 37942 01-18187 NOTICES Air pollution control: Citizens suits; proposed settlements— Natural Resources Defense Council et al., 37955-37956 01-18196 Environmental statements; availability, etc.:

Agency statements— Comment availability, 37956-37957 01-18201 Weekly receipts, 37957 01-18202 Integrated risk information system: Health effects of chronic exposure to chemical substances; information request, 37957-37959 01-18197 01-18198 Meetings: Recreation waters; national beach guidance and grant performance criteria; public forums, 37959-37960 01-18195 Pesticide registration, cancellation, etc.: Triphenyltin hydroxide, 37960-37961 01-18200 Reports and guidance documents; availability, etc.:

Marine and estuarine sediment-associated contaminants with amphipod Leptocheirus plumulosus; methods for assessing chronic toxicity, 37961 01-18194 Pesticide registrants— Pesticide resistance management labeling, 37962-37963 01-18199 Superfund; response and remedial actions, proposed settlements, etc.: Century 21 Paint, Inc. Site, OH, 37963 01-18192 FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 37884-37886 01-18138 FCC Federal Communications Commission PROPOSED RULES Common carrier servicees:

Access charges— Special access lines; presubscribed interexchange carrier charge; general support facility costs reallocation; withdrawn, 37943-37944 01-17499 NOTICES Common carrier services: Federal-State Joint Board on Universal Service— Reconsideration petitions; record update; comment request, 37963-37964 01-18159 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Portland General Electric Co. et al., 37953-37955 01-18145 *Applications, hearings, determinations, etc.:* Aera Energy LLC et al., 37952-37953 01-18146 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Permissible nonbanking activities, 37964 01-18179 Food Food and Drug Administration NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 37975-37976 01-18131 01-18132 01-18133 01-18160 Submission for OMB review; comment request, 37977-37978 01-18130 Committees; establishment, renewal, termination, etc.: Medical Devices Advisory Committee et al.; public advisory panels or committees; voting memebers, 37978-37980 01-18161 Foreign Foreign Agricultural Service NOTICES Agency information collection activities:

Proposed collection; comment request, 37945 01-18141 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Refugee Resettlement Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 37964-37965 01-18135 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Children's Hospitals Graduate Medical Education Payment Program, 37980-37988 01-18166 Rural Health Outreach and Network Development Program, 37989-37994 01-18181 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 37998-37999 01-18021 IRS Internal Revenue Service RULES Income taxes: Foreign trusts and estates; recognition of gain on certain transfers, 37897-37902 01-17972 Foreign trusts that have U.S. beneficiaries, 37886-37897 01-17971 International International Trade Administration NOTICES Antidumping:

Preserved mushrooms from— Indonesia; correction, 38061 C1-17626 Justice Justice Department RULES Organization, functions, and authority delegations: Inspector General Office, 37902-37904 01-18087 PROPOSED RULES Privacy Act; implementation, 37939-37940 01-18155 NOTICES Privacy Act: Systems of records, 38000 01-16142 Labor Labor Department See Employment and Training Administration See Employment Standards Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 38000-38001 01-18150 Grants and cooperative agreements; availability, etc.: Customized Employment Program for people with disabilities, 38001-38014 01-18209 High School/High Tech Start-Up Program for youths with disabilities, 38014-38025 01-18208 Merit Merit Systems Protection Board NOTICES Senior Executive Service: Performance Review Board; membership, 38037 01-18210 Mine Mine Safety and Health Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 38031-38032 01-18154 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities: Proposed collection; comment request, 38037 01-18143 NOAA National Oceanic and Atmospheric Administration NOTICES Permits: Endangered and threatened species, 37947-37950 01-18205 01-18206 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Kerr-McGee Corp., 38038-38040 01-18174 Yankee Atomic Electric Co., 38040-38041 01-18176 Meetings:

Integrated Materials Performance Evaluation Program Lessons Learned, 38041 01-18175 *Applications, hearings, determinations, etc.:* Vermont Yankee Nuclear Power Corp.; correction, 38037 01-18173 Occupational Occupational Safety and Health Administration NOTICES Nationally recognized testing laboratories, etc.: TUV Product Services GmbH, 38032-38037 01-18148 Personnel Personnel Management Office RULES Employment: Recruitment and relocation bonuses and retention allowances, 37883-37884 01-18034 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration Refugee Refugee Resettlement Office NOTICES Grants and cooperative agreements; availability, etc.:

Refugee Resettlement Program— Refugees in local areas of high need, 37994-37998 01-18142 RUS Rural Utilities Service NOTICES Environmental statements; notice of intent: South Mississippi Electric Power Association, 37945-37946 01-17934 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 38046 01-18297 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 38046-38049 01-18170 National Association of Securities Dealers, Inc., 38049-38051 01-18171 *Applications, hearings, determinations, etc.:* Intermagnetics General Corp., 38041-38042 01-18168 Public utility holding company filings, 38042-38046 01-18169 SBA Small Business Administration NOTICES Disaster loan areas:

Virginia and West Virginia, 38051 01-18180 Surface Surface Transportation Board NOTICES Environmental statements; availability, etc.: East Baton Rouge Parish, LA; Illinois Central Railroad Co.; construction and operation, 38051 01-18182 Railroad operation, acquisition, construction, etc.: Union Pacific Railroad Co., 38051-38052 01-18116 Railroad services abandonment: Union Pacific Railroad Co., 38052-38053 01-18115 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Customs Service See Internal Revenue Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 38053 01-18144 Veterans Veterans Affairs Department PROPOSED RULES Adjudication; pensions, compensation, dependency, etc.; and disabilities rating schedule: Women veterans who lose breast due to service-connected disability; special monthly compensation, 37940-37941 01-18207 Separate Parts In This Issue Part II Environmental Protection Agency, 38063-38105 01-17199 Part III Environmental Protection Agency, 38107-38135 01-18094 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. 66 140 Friday, July 20, 2001 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 575 RIN 3206-AJ08 Recruitment and Relocation Bonuses and Retention Allowances AGENCY:

Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management is issuing final regulations to provide agencies with greater flexibility to use recruitment and relocation bonuses and retention allowances. These regulations will allow agencies to pay recruitment and relocation bonuses and retention allowances to prevailing rate

(wage)employees. DATES: These final regulations will become effective on July 20, 2001. FOR FURTHER INFORMATION CONTACT: Jeanne Jacobson,

(202)606-2858; FAX:

(202)606-0824; email: payleave@opm.gov. SUPPLEMENTARY INFORMATION: On January 19, 2001, the Office of Personnel Management

(OPM)published proposed regulations to amend the recruitment and relocation bonus and retention allowance regulations in 5 CFR part 575, subparts A, B, and C, to provide agencies with additional flexibility to use these incentives (66 FR 5491). The proposed regulations would allow agencies to grant a retention allowance to a current employee likely to leave for other Federal employment under certain limited circumstances. The proposed regulations also would allow agencies to pay recruitment and relocation bonuses and retention allowances to an employee in a prevailing rate

(wage)position, as defined in 5 U.S.C. 5342(a)(3). These final regulations contain only those provisions from the proposed regulations that allow agencies to pay recruitment and relocation bonuses and retention allowances to prevailing rate

(wage)employees. Comments received from Federal agencies strongly support the proposal to allow the payment of recruitment and relocation bonuses and retention allowances to wage employees. One agency asked that OPM issue the final regulations implementing this authority as quickly as possible so that it may use these incentives immediately to help address critical recruitment and retention problems. In response to these concerns, we are issuing final regulations to allow agencies to use recruitment, relocation, and retention payments immediately for prevailing rate

(wage)positions. We received many comments on our proposal to allow agencies to grant a retention allowance to a current employee likely to leave for other Federal employment under certain circumstances. The commenters raised various issues concerning the criteria for paying a retention allowance in these circumstances, and additional time is needed to consider these issues. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will apply only to Federal agencies and employees. Waiver of Delay in Effective Date Pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists to make these regulations effective in less than 30 days. In their comments to OPM, agencies expressed an urgent need to use the recruitment and relocation bonus and retention allowance authorities as soon as possible to help address serious problems in recruiting and retaining prevailing rate

(wage)employees. Since use of the recruitment and relocation bonus and retention allowance authorities is discretionary, waiving the 30-day delay in the effective date of these regulations will not place an administrative burden on any Federal agency. List of Subjects in 5 CFR Part 575 Government employees, Wages. Office of Personnel Management Steven R. Cohen, Acting Director. Accordingly, OPM is amending part 575 of title 5, Code of Federal Regulations, as follows: PART 575—RECRUITMENT AND RELOCATION BONUSES; RETENTION ALLOWANCES; SUPERVISORY DIFFERENTIALS 1. The authority citation for part 575 continues to read as follows: Authority: 5 U.S.C. 1104(a)(2), 5753, 5754, and 5755; secs. 302 and 404 of the Federal Employees Pay Comparability Act of 1990 (FEPCA) (Pub. L. 101-509), 104 Stat. 1462 and 1466, respectively; E.O. 12748, 3 CFR, 1992 Comp., p. 316. Subpart A—Recruitment Bonuses 2. In § 575.102, paragraph (a)(5) is amended by removing “or”; paragraph (a)(6) is amended by removing “.” and inserting in its place “; or”; and a new paragraph (a)(7) is added to read as follows: § 575.102 Delegation of authority.

(a)* * *

(7)A prevailing rate position, as defined in 5 U.S.C. 5342(a)(3). Subpart B—Relocation Bonuses 3. In § 575.202, paragraph (a)(5) is amended by removing “or”; paragraph (a)(6) is amended by removing “.” and inserting in its place “; or”; and a new paragraph (a)(7) is added to read as follows: § 575.202 Delegation of authority.

(a)* * *

(7)A prevailing rate position, as defined in 5 U.S.C. 5342(a)(3). Subpart C—Retention Allowances 4. In § 575.302, paragraph (a)(5) is amended by removing “or”; paragraph (a)(6) is amended by removing “.” and inserting in its place “; or”; and a new paragraph (a)(7) is added to read as follows: § 575.302 Delegation of authority.

(a)* * *

(7)A prevailing rate position, as defined in 5 U.S.C. 5342(a)(3). [FR Doc. 01-18034 Filed 7-19-01; 8:45 am]

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