Unknown. Interim rule

5,701 words·~26 min read·/register/2001/07/25/01-18530

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-2001-07-25.xml --- 66 143 Wednesday, July 25, 2001 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Natural Resources Conservation Service RULES Export sales reporting requirements: Beef and pork, 38526-38528 01-18548 Alcohol Alcohol, Tobacco and Firearms Bureau RULES Alcoholic beverages: Puerto Rico and Virgin Islands liquors and articles; recodification of regulations, 38547-38553 01-18178 Animal Animal and Plant Health Inspection Service NOTICES Committees; establishment, renewal, termination, etc.:

National Wildlife Services Advisory Committee, 38628 01-18547 Centers Centers for Disease Control and Prevention NOTICES Grant and cooperative agreement awards: Bangkok Metropolitan Administration, Thailand, 38706-38707 01-18462 Vietnam Health Ministry, 38707-38708 01-18465 Zimbabwe Health and Child Welfare Ministry, 38708-38709 01-18463 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 38709-38710 01-18464 Centers Centers for Medicare and Medicaid Services NOTICES Agency information collection activities:

Proposed collection; comment request, 38710 01-18551 Submission for OMB review; comment request, 38710 01-18552 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Singapore, 38643 01-18557 United Arab Emirates, 38644 01-18556 Defense Defense Department NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities— Submission for OMB review; comment request, 38644-38645 01-18562 Defense Defense Nuclear Facilities Safety Board NOTICES Meetings; Sunshine Act, 38645 01-18619 Economic Economic Development Administration NOTICES Trade adjustment assistance eligibility determination petitions: Chami Design, Inc., et al., 38629-38630 01-18461 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 38645-38646 01-18618 Grants and cooperative agreements; availability, etc.:

Elementary and secondary education— Native Hawaiian Curriculum Development, Teacher Training and Recruitment Program, 38883-38886 01-18656 01-18657 Employment Employment and Training Administration NOTICES Agency information collection activities: Proposed collection; comment request, 38746-38748 01-18577 01-18578 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission See Hearings and Appeals Office, Energy Department NOTICES Environmental statements; availability, etc.:

Waste Management Program; transuranic waste treatment and storage, 38646-38648 01-18539 Environmental statements; notice of intent: Nevada Test Site, NV; wind farm, 38648-38650 01-18430 Grants and cooperative agreements; availability, etc.: Off-highway vehicles, including construction, agriculture, and mining equipment; energy efficiency increase, emissions reduction, etc., 38650 01-18428 Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Consumer products; energy conservation program:

Energy conservation standards— Central air conditioners and heat pumps, 38821-38844 01-18429 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Arizona, 38565-38569 01-18410 California, 38561-38565 01-18411 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 38569-38571 01-18316 PROPOSED RULES Air quality planning purposes; designation of areas: Arizona, 38603-38608 01-18536 Louisiana, 38608-38610 01-18534 Superfund program:

National oil and hazardous substances contingency plan— National priorities list update, 38610-38611 01-18317 NOTICES Air pollution control: Citizens suits; proposed settlements— Sierra Club v. Whitman, 38673-38674 01-18532 Confidential business information and data transfer, 38674-38675 01-18320 Pesticide registration, cancellation, etc.: Illoxan 3EC Herbicide, etc., 38675-38689 01-18537 Superfund program: Prospective purchaser agreements— Twin City Casting Site, MN, 38689 01-18531 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives:

Aerospatiale, 38532-38533, 38535-38536 01-18254 01-18258 Dornier, 38533-38535 01-18255 General Aviation, 38536-38538 01-18472 Class E airspace, 38538-38539 01-18543 PROPOSED RULES Airworthiness directives: Boeing, 38583-38585, 38587-38591 01-18435 01-18437 01-18473 Dassault, 38585-38586 01-18436 NOTICES Exemption petitions; summary and disposition, 38776-38779 01-18544 01-18545 01-18546 FBI Federal Bureau of Investigation NOTICES Agency information collection activities: Submission for OMB review; comment request, 38742 01-18579 FCC Federal Communications Commission PROPOSED RULES Common carrier services:

Telecommunications Act of 1996; implementation— Local competition provisions (1996); update, etc., 38611 01-18516 NOTICES Agency information collection activities: Proposed collection; comment request, 38689-38690 01-18438 Common carrier services: Wireless telecommunications services— 747-762 and 777-792 MHz bands auction, 38704-38705 01-18583 Narrowband PCS spectrum license auction; notice and filing requirements, minimum opening bids, upfront payments, etc., 38690-38704 01-18581 Television broadcasting:

Limited low power television/television translator/Class A television auction filing window; mutually exclusive proposals, 38705 01-18582 Federal Election Federal Election Commission PROPOSED RULES Federal Election Campaign Act: Brokerage loans and lines of credit, 38576-38583 01-18439 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities: Proposed collection; comment request, 38650-38651 01-18487 Electric rate and corporate regulation filings:

Mobile Energy LLC et al., 38661-38663 01-18447 New England Inc. et al., 38663-38665 01-18482 Hydroelectric applications, 38665-38670 01-18488 01-18489 01-18490 01-18491 01-18492 *Applications, hearings, determinations, etc.:* Colorado Interstate Gas Co., 01-18499 38651-38652 01-18512 Columbia Gas Transmission Corp., 38652 01-18502 01-18503 Dauphin Island Gathering Partners, 38652-38653 01-18515 Dominion Transmission, Inc., 38653 01-18508 El Paso Natural Gas Co., 01-18495 38653-38654 01-18507 Guardian Pipeline, L.L.C., 38654-38655 01-18483 Gulf South Pipeline Co., 38670 01-18496 Kern River Gas Transmission Co., 38655 01-18513 Kinder Morgan Interstate Gas Transmission LLC, 01-18497 01-18504 38655-38656 01-18506 01-18511 Natural Gas Pipeline Co. of America, 38656 01-18514 Northern Natural Gas Co., 38656-38658 01-18485 01-18500 Northwest Alaskan Pipeline Co., 38658 01-18484 Northwest Pipeline Corp., 38658 01-18501 San Manuel Power Co.

LLC, 38658-38659 01-18486 Southern Natural Gas Co., 38659 01-18498 TransColorado Gas Transmission Co., 38659-38660 01-18493 01-18494 01-18510 Trunkline LNG Co., 38660-38661 01-18505 Williston Basin Interstate Pipeline Co., 38661 01-18509 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service PROPOSED RULES Marketable book-entry Treasury bills, notes, and bonds: Securities auctions; net long position and 35 percent award limit; calculation, 38600-38602 01-18441 NOTICES Surety companies acceptable on Federal bonds:

Charter Oak Fire Insurance Co. et al; terminations, 38780 01-18541 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Yellow-billed cuckoo, 38611-38626 01-18560 NOTICES Endangered and threatened species permit applications, 38738-38739 01-18378 Meetings: Endangered Species of Wild Fauna and Flora International Trade Convention; information and recommendations request, 38739-38740 01-18559 Food Food and Drug Administration RULES Medical devices:

Class I devices; premarket notification requirements, exemption; technical amendment, 38785-38819 01-17867 PROPOSED RULES Food for human consumption: Food labeling— Allergens presence and labeling in foods; meeting, 38591-38594 01-18617 NOTICES Agency information collection activities: Proposed collection; comment request, 38711-38713 01-18427 01-18479 Submission for OMB review; comment request, 38713 01-18426 Meetings: Anesthetic and Life Support Drugs Advisory Committee, 38713-38714 01-18478 Medical Devices Advisory Committee, 38714 01-18425 Reports and guidance documents; availability, etc.:

Medical devices; globally harmonized alternative for premarket procedures; pilot program, 38714-38716 01-18480 Foreign Foreign Assets Control Office RULES Highly enriched uranium agreement assets control regulations: Russian Federation; disposal of highly enriched uranium extracted from nuclear weapons, 38554-38561 01-18372 Iranian assets control regulations: Iran-U.S. Claims Tribunal; custodians of Iranian property interests, 38553-38554 01-18373 GSA General Services Administration NOTICES Environmental statements; availability, etc.:

Washington, DC; Transportation Department; lease acquisition of new or renovated headquarters, 38705 01-18477 Federal Acquisition Regulation (FAR): Agency information collection activities— Submission for OMB review; comment request, 38644-38645 01-18562 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare and Medicaid Services See Food and Drug Administration See Health Care Financing Administration See Health Resources and Services Administration See Public Health Service Health Health Care Financing Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 38716 01-18553 Health Health Resources and Services Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 38716-38717 01-18481 Hearings Hearings and Appeals Office, Energy Department NOTICES Special refund procedures; implementation, 38670-38673 01-18538 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Proposed collection; comment request, 38719-38720 01-18444 Submission for OMB review; comment request, 38720 01-18443 Grants and cooperative agreements; availability, etc.:

Fair Housing Initiatives Program, 38845-38881 01-18568 Mortgagee Review Board; administrative actions, 38720-38738 01-18442 Interior Interior Department See Fish and Wildlife Service IRS Internal Revenue Service RULES Estate and gift taxes: Estate tax return; automatic 6-month extension to file, 38544-38547 01-18417 NOTICES Agency information collection activities: Proposed collection; comment request, 01-18418 01-18419 38780-38782 01-18420 01-18421 International International Trade Administration NOTICES Antidumping:

Solid agricultural grade ammonium nitrate from— Ukraine, 38632-38635 01-18566 Antidumping and countervailing duties: Oil country tubular goods from— Various countries, 38630-38632 01-18565 Countervailing duties: Cut-to-length carbon-quality steel plate from— Korea, 38636 01-18564 *Applications, hearings, determinations, etc.:* Stanford University, 38635-38636 01-18567 International International Trade Commission NOTICES Import investigations: Individually quick frozen red raspberries from— Chile, 38740-38741 01-18561 Sortation systems, parts, and products containing same, 38741-38742 01-18431 Justice Justice Department See Federal Bureau of Investigation See Juvenile Justice and Delinquency Prevention Office Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Grants and cooperative agreements; availability, etc.:

Missing and Exploited Children Nonprofit Organizations and Family Support Program, 38742-38746 01-18584 Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Kentucky May Coal Co. et al., 38748-38750 01-18448 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Submission for OMB review; comment request, 38644-38645 01-18562 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 38750-38752 01-18523 National Labor National Labor Relations Board PROPOSED RULES Freedom of Information Act; implementation, 38594-38600 01-18296 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pacific Ocean perch, 38574 01-18526 Pelagic shelf rockfish, 38574-38575 01-18527 Sablefish, 38573-38574 01-18528 West Coast States and Western Pacific fisheries— Pacific mackerel, 38571-38573 01-18529 West Coast salmon, 38573 01-18572 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Western Alaska Community Development Quota Program, 38626-38627 01-18575 NOTICES Grants and cooperative agreements; availability, etc.:

Mid-Atlantic Fishery Management Council; research proposals, 38636-38640 01-18574 Permits: Endangered and threatened species, 38640-38643 01-18573 01-18576 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.: Bayou L’Ours Ridge Hydrologic Restoration Project, LA, 38628 01-18450 South Lake Decade Freshwater Introduction Project, LA, 38628-38629 01-18449 Field office technical guides; changes: New York, 38629 01-18451 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements:

Changes, tests, and experiments; correction, 38528 01-18519 NOTICES Environmental statements; availability, etc.: Exelon Generation Co., LLC, 38755-38756 01-18520 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 38756-38771 01-18324 *Applications, hearings, determinations, etc.:* Exelon Generation Co., LLC, 38753 01-18521 Indiana Michigan Power Co., 38753-38755 01-18522 Personnel Personnel Management Office RULES Retirement: Law enforcement officers and firefighters; special retirement provisions, 38523-38526 01-18530 Postal Postal Rate Commission PROPOSED RULES Practice and procedure:

Expired rules; comment request, 38602-38603 01-18454 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Parents’ Day (Proc. 7456), 38887-38890 01-18734 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration NOTICES National Toxicology Program: Chemicals nominated for toxicological studies; testing recommendations; comment request, 38717-38719 01-18458 SEC Securities and Exchange Commission NOTICES Agency information collection activities:

Proposed collection; comment request, 38771 01-18517 Investment Company Act of 1940: Exemption applications— Nationwide Mutual Funds et al., 38771-38773 01-18518 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 38773-38774 01-18445 Pacific Exchange, Inc., 38774-38776 01-18446 SBA Small Business Administration RULES Disaster loan program: Military reservist economic injury disaster loans, 38528-38531 01-18365 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 38776 01-18453 State State Department RULES Visas; nonimmigrant documentation: XIX Olympic Winter Games and VIII Paralympic Winter Games, UT; nonimmigrant visa applications, 38539-38544 01-18424 NOTICES Art objects; importation for exhibition: Masterpieces and Master Collectors; Impressionist and Early Modern Paintings from the Hermitage and Guggenheim Museums, 38776 01-18569 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Union Pacific Railroad Co., 38779 01-18570 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 38782-38783 01-18456 01-18457 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Fiscal Service See Foreign Assets Control Office See Internal Revenue Service See Thrift Supervision Office NOTICES Agency information collection activities:

Submission for OMB review; comment request, 38779-38780 01-18540 Separate Parts In This Issue Part II Department of Health and Human Services, Food and Drug Administration, 38785-38819 01-17867 Part III Department of Energy, Office of Energy Efficiency and Renewable Energy, 38821-38844 01-18429 Part IV Department of Housing and Urban Development, 38845-38881 01-18568 Part V Department of Education, 38883-38886 01-18656 01-18657 Part VI The President, 38887-38890 01-18734 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. 66 143 Wednesday, July 25, 2001 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 831 and 842 RIN 3206-AJ39 Law Enforcement Officer and Firefighter Retirement AGENCY:

Office of Personnel Management. ACTION: Interim rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing interim rules that permit certain police officers with the Metropolitan Washington Airports Authority

(MWAA)to elect coverage under the special retirement provisions for law enforcement officers. OPM is also amending the regulations governing special retirement provisions for law enforcement officers and firefighters employed under the Civil Service Retirement System

(CSRS)and the Federal Employees Retirement System (FERS). These changes are intended to clarify and interpret previously promulgated regulations. DATES: *Effective Date:* This interim rule is effective July 25, 2001. *Comment:* We must receive your comments by August 24, 2001. ADDRESSES: Send comments on this interim regulation to Mary Ellen Wilson, Director, Retirement Policy Center, Office of Personnel Management, Washington, DC 20415-3200. You may also submit comments by sending electronic mail (E-mail) to: *combox@opm.gov* . FOR FURTHER INFORMATION CONTACT: Patrick Jennings

(202)606-0299. SUPPLEMENTARY INFORMATION: Coverage Elections for Metropolitan Washington Airports Authority Police Officers Under CSRS or FERS On December 21, 2000, Congress enacted the Consolidated Appropriations Act, 2001 (Public Law 106-554, 114 Stat. 2763). The Consolidated Appropriations Act, 2001 incorporated the Treasury and General Government Appropriations Act, 2001 (H.R. 5658) by reference (published as Appendix C to Pub. L. 106-554 at 114 Stat. 2763A-125). Section 636 of H.R. 5658 allows certain members of the police force of the Metropolitan Washington Airports Authority

(MWAA)to elect to be treated as law enforcement officers for the purpose of retirement. Only MWAA police officers employed as of December 21, 2000, who are subject to CSRS or FERS retirement by virtue of section 49107(b) of title 49, United States Code, may make such an election. An election by an MWAA police officer to be treated as a law enforcement officer for retirement purposes must be made either before the police officer separates from the MWAA or within 1 year from the effective date of these regulations, whichever is earlier. An MWAA police officer covered by CSRS or FERS who elects to be treated as a law enforcement officer will receive law enforcement officer service credit for his or her past service as a police officer with the Federal Aviation Administration and the MWAA, subject to a deposit of retirement deductions plus interest. The MWAA must pay the agency's share of retirement contributions for the employee's service, plus interest. Delegation of Authority To Deny Coverage Under the CSRS and FERS law enforcement officer and firefighter regulations a department headquarters-level official who is the sole such representative for the entire department must make law enforcement officer or firefighter coverage-approval decisions for position-based retirement coverage. Due to cost and consistency of decision considerations, the authority to approve law enforcement officer or firefighter coverage must be made by the agency head or, in the case of an executive department, the designated representative of the head of the executive department. The regulations do not expressly provide that an agency head can delegate the authority to deny enhanced retirement coverage to any level within an agency. Although the regulations did not address the issue, delegation by the agency head of his or her authority to deny enhanced coverage was discussed in the supplementary information published with previous CSRS and FERS regulations. The supplementary comments published with the FERS law enforcement and firefighter regulations indicate that an agency head can delegate the authority to deny enhanced coverage to any level within the agency. Specifically, the supplementary information states that: Section 842.804(c) allows an individual to request a determination as to whether his or her position qualifies as a law enforcement officer, firefighter, or air traffic controller position. Of course, any affirmative determination must be made by the agency head in accordance with § 842.803. *However, a denial of an individual request for position approval may be made by the agency head's designated representative, in accordance with agency delegations of authority.* Any final agency decision denying an individual's request for position approval may be appealed to the Merit Systems Protection Board. We are amending § 842.807 to clarify that

(1)only agency denial decisions made in response to individual requests under § 842.804(c) are subject to appeal and

(2)*agency denial decisions may be made by officials below the level of agency head * * *.* (57 FR 32,685, 32,689 (1992)) (emphasis added). The CSRS regulations also allow an agency head to delegate the authority to deny law enforcement officer and firefigher coverage to any level within the agency. Further, the U.S. Merit Systems Protection Board has held that supplementary information published with the FERS law enforcement and firefighter regulations makes it clear that an agency head can delegate the authority to deny enhanced coverage to any level within the agency. *See Streeter v. Department of Defense,* 80 M.S.P.R. 481, 484

(1998)( *citing* 57 FR 32685, 32688 (July 23, 1992)). OPM is incorporating into the body of the regulations the information regarding an agency head's authority to delegate denial decisions to any level within the agency. Waiver of General Notice of Proposed Rulemaking Under section 553(b)(3)(A) and (B), and (d)(2) and

(3)of title 5, United States Code, I find that these regulations contain interpretive rules and statements of policy, and that good cause exists for waiving the general notice of proposed rulemaking and for making these rules effective in less than 30 days. Elections of law enforcement coverage by qualifying members of the Metropolitan Washington Airports Authority police force under these regulations will affect qualifying employees' retirement coverage retroactive to their entry on duty with the Metropolitan Washington Airports Authority. Publication of a general notice on proposed rulemaking would be contrary to the public interest because it would delay the election opportunity for eligible individuals. 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 this regulation will not have a significant economic impact on a substantial number of small entities because the regulation will only affect a small number of employees of the Metropolitan Washington Airports Authority. List of Subjects in 5 CFR Parts 831 and 842 Administrative practice and procedure, Air traffic controllers, Alimony, Claims, Disability Benefits, Firefighters, Government employees, Income taxes, Intergovernmental relations, Law enforcement officers, Pensions, Reporting and recordkeeping requirements, Retirement. U.S. Office of Personnel Management. Steven R. Cohen, Acting Director. For the reasons stated in the preamble, the Office of Personnel Management amends 5 CFR parts 831 and 842 as follows: PART 831—RETIREMENT 1. The authority citation for part 831 is revised to read as follows: Authority: 5 U.S.C. 8347; Sec. 831.102 also issued under 5 U.S.C. 8334; Sec. 831.106 also issued under 5 U.S.C. 552a; Sec. 831.108 also issued under 5 U.S.C. 8336(d)(2); Sec. 831.114 also issued under 5 U.S.C. 8336(d)(2) and section 7001 of Pub. L. 105-174, 112 Stat. 58; Sec. 831.201(b)(1) also issued under 5 U.S.C. 8347(g); Sec. 831.201(b)(6) also issued under 5 U.S.C. 7701(b)(2); Sec. 831.201(g) also issued under sections 11202(f), 11232(e), and 11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec. 831.201(g) also issued under sections 7(b) and 7(e) of Pub. L. 105-274, 112 Stat. 2419; Sec. 831.201(i) also issued under sections 3 and 7(c) of Pub. L. 105-274, 112 Stat. 2419; Sec. 831.204 also issued under section 102(e) of Pub. L. 104-8, 109 Stat. 102, as amended by section 153 of Pub. L. 104-134, 110 Stat. 1321; Sec. 831.205 also issued under section 2207 of Pub. L. 106-265, 114 Stat. 784; Sec. 831.301 also issued under section 2203 of Pub. L. 106-265, 114 Stat. 780; Sec. 831.303 also issued under 5 U.S.C. 8334(d)(2) and section 2203 of Pub. L. 106-235, 114 Stat. 780; Sec. 831.502 also issued under 5 U.S.C. 8337; Sec. 831.502 also issued under section 1(3), E.O. 11228, 3 CFR 1964-1965 Comp. p. 317; Sec. 831.663 also issued under 5 U.S.C. 8339(j) and (k)(2); Secs. 831.663 and 831.664 also issued under section 11004 (c)(2) of Pub. L. 103-66, 107 Stat. 412; Sec. 831.682 also issued under section 201(d) of Pub. L. 99-251, 100 Stat. 23; Sec. 831.912 also issued under section 636 of H.R. 5658, incorporated by reference in Pub. L. 106-554, 114 Stat. 2763, and published as Appendix C to Pub. L. 106-554 at 114 Stat. 2763A-125; subpart V also issued under 5 U.S.C. 8343a and section 6001 of Pub. L. 100-203, 101 Stat. 1330-275; Sec. 831.2203 also issued under section 7001(a)(4) of Pub. L. 101-508, 104 Stat. 1388-328. Subpart I—Law Enforcement Officers and Firefighters 2. Amend § 831.902 by revising the definition of *agency head* to read as follows: § 831.902 Definitions. *Agency head* means, for the executive branch agencies, the head of an executive agency as defined in 5 U.S.C. 105; for the legislative branch, the Secretary of the Senate, the Clerk of the House of Representatives, or the head of any other legislative branch agency; for the judicial branch, the Director of the Administrative Office of the U.S. Courts; for the Postal Service, the Postmaster General; and for any other independent establishment that is an entity of the Federal Government, the head of the establishment. For the purpose of an approval of coverage under this subpart, *agency head* is also deemed to include the designated representative of the head of an executive department as defined in 5 U.S.C. 101, except that the designated representative must be a department headquarters-level official who reports directly to the executive department head, and who is the sole such representative for the entire department. For the purpose of a denial of coverage under this subpart, *agency head* is also deemed to include the designated representative of the *agency head,* as defined in the first sentence of this definition, at any level within the agency. 3. Amend § 831.908 by revising paragraph

(a)to read as follows: § 831.908 Mandatory separation.

(a)The mandatory separation provisions of 5 U.S.C. 8335(b) apply to all law enforcement officers and firefighters in primary and secondary positions. A mandatory separation under section 8335(b) is not an adverse action under part 752 of this chapter or a removal action under part 359 of this chapter. Section 831.502 provides the procedures for requesting an exemption from mandatory separation. 4. Revise § 831.910 to read as follows: § 831.910 Review of decisions.

(a)The final decision of an agency head or OPM issued to an employee, former employee, or survivor as the result of a request for determination filed under § 831.906 may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board.

(b)The final decision of an agency head that a break in service referred to in § 831.904(a)(2) did not begin with an involuntary separation within the meaning of 5 U.S.C. 8336(d)(1) may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board. 5. Add an undesignated center heading and a new § 831.912 to subpart I to read as follows: Regulations Pertaining to Noncodified Statutes § 831.912 Elections to be deemed a law enforcement officer for retirement purposes by certain police officers employed by the Metropolitan Washington Airports Authority (MWAA).

(a)*Who may elect.* Metropolitan Washington Airports Authority

(MWAA)police officers employed as members of the MWAA police force as of December 21, 2000, who are covered by the provisions of the Civil Service Retirement System by 49 U.S.C. 49107(b) may elect to be deemed a law enforcement officer for retirement purposes and have past service as a member of the MWAA and Federal Aviation Administration police forces credited as law enforcement officer service.

(b)*Procedure for making an election.* Elections by an MWAA police officer to be treated as a law enforcement officer for retirement purposes must be made in writing to the MWAA and filed in the employee's personnel file in accordance with procedures established by OPM in consultation with the MWAA.

(c)*Time limit for making an election.* An election under paragraph

(a)of this section must be made either before the MWAA police officer separates from service with the MWAA or July 25, 2002.

(d)*Effect of an election.* An election under paragraph

(a)of this section is effective on the beginning of the first pay period following the date of the MWAA police officer's election.

(e)*Irrevocability.* An election under paragraph

(a)of this section becomes irrevocable when received by the MWAA.

(f)*Employee payment for past service.*

(1)An MWAA police officer making an election under this section must pay an amount equal to the difference between law enforcement officer retirement deductions and retirement deductions actually paid by the police officer for the police officer's past police officer service with the Metropolitan Washington Airports Authority and Federal Aviation Administration. The amount paid under this paragraph shall be computed with interest in accordance with 5 U.S.C. 8334(e) and paid to the MWAA prior to separation.

(2)Starting with the effective date under paragraph

(d)of this section, the MWAA must make deductions and withholdings from the electing MWAA police officer's base pay in accordance with 5 CFR 831.907.

(g)*Employer contributions.*

(1)Upon the police officer's payment for past service credit under paragraph

(f)of this section, the MWAA must, in accordance with procedures established by OPM, pay into the Civil Service Retirement and Disability Fund the additional agency retirement contribution amounts required for the police officer's past service, plus interest.

(2)Starting with the effective date under paragraph

(d)of this section, the MWAA must make agency contributions for the electing police officer in accordance with 5 CFR 831.907.

(h)*Mandatory Separation.*

(1)An MWAA police officer who elects to be treated as a law enforcement officer for CSRS retirement purposes is subject to the mandatory separation provisions of 5 U.S.C. 8335(b) and 5 CFR 831.502(a).

(2)The President and Chief Operating Officer of the MWAA is deemed to be the head of an agency for the purpose of exempting an MWAA police officer from mandatory separation in accordance with the provisions of 5 U.S.C. 8335(b) and 5 CFR 831.502.

(i)*Reemployment.* An MWAA police officer who has been mandatorily separated under 5 U.S.C. 8335(b) is not barred from reemployment after age 60 in any position except a CSRS primary or secondary law enforcement officer position or a FERS rigorous law or secondary enforcement officer position. Service by a reemployed former MWAA police officer who retired under 5 U.S.C. 8336(c) is not covered by the provisions of 5 U.S.C. 8336(c). PART 842—FEDERAL EMPLOYEES RETIREMENT SYSTEM—BASIC ANNUITY 6. The authority citation for Part 842 is revised to read as follows: Authority: 5 U.S.C. 8461(g); Secs. 842.104 and 842.106 also issued under 5 U.S.C. 8461(n); Sec. 842.104 also issued under sections 3 and 7(c) of Pub. L. 105-274, 112 Stat. 2419; Sec. 842.105 also issued under 5 U.S.C. 8402(c)(1) and 7701(b)(2); Sec. 842.106 also issued under section 102(e) of Pub. L. 104-8, 109 Stat. 102, as amended by section 153 of Pub. L. 104-134, 110 Stat. 1321; Sec. 842.107 also issued under sections 11202(f), 11232(e), and 11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec. 842.107 also issued under section 7(b) of Pub. L. 105-274, 112 Stat. 2419; Sec. 842.108 also issued under section 7(e) of Pub. L. 105-274, 112 Stat. 2419; Sec. 842.213 also issued under 5 U.S.C. 8414(b)(1)(B) and section 7001 of Pub. L. 105-174, 112 Stat. 58, as amended by section 651 of Pub. L. 106-58, 113 Stat. 430; Secs. 842.604 and 842.611 also issued under 5 U.S.C. 8417; Sec. 842.607 also issued under 5 U.S.C. 8416 and 8417; Sec. 842.614 also issued under 5 U.S.C. 8419; Sec. 842.615 also issued under 5 U.S.C. 8418; Sec. 842.703 also issued under section 7001(a)(4) of Pub. L. 101-508, 104 Stat. 1388; Sec. 842.707 also issued under section 6001 of Pub. L. 100-203, 101 Stat. 1300; Sec. 842.708 also issued under section 4005 of Pub. L. 101-239, 103 Stat. 2106 and section 7001 of Pub. L. 101-508, 104 Stat. 1388; subpart H also issued under 5 U.S.C. 1104; Sec. 842.810 also issued under section 636 of H.R. 5658, incorporated by reference in Pub. L. 106-554, 114 Stat. 2763, and published as Appendix C to Pub. L. 106-554 at 114 Stat. 2763A-125. Subpart H—Law Enforcement Officers, Firefighters, and Air Traffic Controllers 7. Amend § 842.802 by revising the definition of *agency head* to read as follows: § 842.802 Definitions. *Agency head* means, for the executive branch agencies, the head of an executive agency as defined in 5 U.S.C. 105; for the legislative branch, the Secretary of the Senate, the Clerk of the House of Representatives, or the head of any other legislative branch agency; for the judicial branch, the Director of the Administrative Office of the U.S. Courts; for the Postal Service, the Postmaster General; and for any other independent establishment that is an entity of the Federal Government, the head of the establishment. For the purpose of an approval of coverage under this subpart, *agency head* is also deemed to include the designated representative of the head of an executive department as defined in 5 U.S.C. 101, except that the designated representative must be a department headquarters-level official who reports directly to the executive department head, and who is the sole such representative for the entire department. For the purpose of a denial of coverage under this subpart, *agency head* is also deemed to include the designated representative of the *agency head,* as defined in the first sentence of this definition, at any level within the agency. 8. Revise § 842.807 to read as follows: § 842.807 Review of decisions.

(a)The final decision of an agency head denying an individual's request for approval of a position as a rigorous, secondary, or air traffic controller position made under § 842.804(c) may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board.

(b)The final decision of an agency head denying an individual coverage while serving in an approved secondary position because of failure to meet the conditions in § 842.803(b) may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board. 9. Add an undesignated center heading and new § 842.810 to subpart H to read as follows: Regulations Pertaining to Noncodified Statutes § 842.810 Elections to be deemed a law enforcement officer for retirement purposes by certain police officers employed by the Metropolitan Washington Airports Authority (MWAA).

(a)*Who may elect.* Metropolitan Washington Airports Authority

(MWAA)police officers employed as members of the MWAA police force as of December 21, 2000, who are covered by the provisions of the Federal Employees Retirement System by 49 U.S.C. 49107(b) may elect to be deemed a law enforcement officer for retirement purposes and have past service as a member of the MWAA and Federal Aviation Administration police forces credited as law enforcement officer service.

(c)*Time limit for making an election.* An election under paragraph

(a)of this section must be made either before the MWAA police officer separates from service with the MWAA or July 25, 2002, whichever occurs first.

(d)*Effect of an election.* An election under paragraph

(a)of this section is effective on the beginning of the first pay period following the date of the MWAA police officer's election.

(e)*Irrevocability.* An election under paragraph

(a)of this section becomes irrevocable when received by the MWAA.

(f)*Employee payment for past service.*

(2)Starting with the effective date under paragraph

(d)of this section, the MWAA must make deductions and withholdings from the electing MWAA police officer's base pay in accordance with 5 CFR 832.805.

(g)*Employer contributions.*

(1)Upon the police officer's payment for past service credit under paragraph

(2)Starting with the effective date under paragraph

(d)of this section, the MWAA must make agency contributions for the electing police officer in accordance with 5 CFR 842.805.

(h)*Mandatory Separation.*

(1)An MWAA police officer who elects to be treated as a law enforcement officer for FERS retirement purposes is subject to the mandatory separation provisions of 5 U.S.C. 8425(b) and 5 CFR 831.502.

(i)*Reemployment.* An MWAA police officer who has been mandatorily separated under 5 U.S.C. 8425(b) is not barred from reemployment in any position except a FERS rigorous or secondary law enforcement officer position after age 60. Service by a reemployed former MWAA police officer who retired under 5 U.S.C. 8412(d) is not covered by the provisions of 5 U.S.C. 8412(d). [FR Doc. 01-18530 Filed 7-24-01; 8:45 am]

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