Unknown. Final rulemaking

3,206 words·~15 min read·/register/2001/07/31/01-19008

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--- schema: federal-register doc_type: fedreg source_file: FR-2001-07-31.xml --- 66 147 Tuesday, July 31, 2001 Contents Agricultural Agricultural Marketing Service RULES Cherries

(tart)grown in— Michigan et al., 39409-39413 01-18953 Nectarines and peaches grown in— California, 39406-39409 01-19096 PROPOSED RULES Oranges, grapefruit, tangerines, and tangelos grown in— Florida, 39459-39463 01-19141 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 39480-39484 01-19017 Army Army Department See Engineers Corps NOTICES Agency information collection activities: Proposed collection; comment request, 01-18980 39497-39498 01-18995 01-18996 Patent licenses; non-exclusive, exclusive, or partially exclusive: Method and compositions for treating and preventing retinal damage, 39498-39499 01-18984 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 39516-39517 01-18970 Centers Centers for Medicare & Medicaid Services RULES Medicare: Skilled nursing facilities; prospective payment system and consolidated billing; update, 39561-39607 01-18869 Medicare and Medicaid: Health Care Financing Administration; agency name change to Centers for Medicare and Medicaid Services; technical amendments, 39450-39452 01-18959 Children Children and Families Administration RULES Medicare and Medicaid: Health Care Financing Administration; agency name change to Centers for Medicare and Medicaid Services; technical amendments, 39450-39452 01-18959 NOTICES Agency information collection activities: Proposed collection; comment request, 39517 01-18950 Child Child Support Enforcement Office RULES Medicare and Medicaid: Health Care Financing Administration; agency name change to Centers for Medicare and Medicaid Services; technical amendments, 39450-39452 01-18959 Coast Guard Coast Guard RULES Drawbridge operations: New Jersey, 39443-39445 01-19042 Ports and waterways safety: Columbia River, Astoria, OR; safety zone, 39445-39447 01-19069 NOTICES Agency information collection activities: Submission for OMB review; comment request, 39544 01-19041 Meetings: Chesapeake Bay waterway; LNG facility at Cove Point, MD; suitability for liquefied hazardous or natural gas marine traffic; letter of recommendation, 39544-39545 01-19068 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 39487 01-18986 Corporation Corporation for National and Community Service NOTICES Grants and cooperative agreements; availability, etc.: National Service-Learning Leader Schools Program; technical and administrative support, 39494-39497 01-19012 Defense Defense Department See Army Department See Engineers Corps Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 39502 01-18966 Submission for OMB review; comment request, 39502-39503 01-18967 Submission for OMB review; comment request; correction, 39560 C1-17770 Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Field-Initiated Projects and Advanced Rehabilitation Research Training Projects, 39611-39613 01-18968 Research Fellowships Program, 39609-39610 01-18969 Privacy Act: Systems of records, 39503-39506 01-18985 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Paducah Gaseous Diffusion Plant, KY, 39507 01-19006 Pantex Plant, TX, 39507-39508 01-19007 Rocky Flats, CO, 39506-39507 01-19005 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Nationwide Permit Program, 39499 01-18939 Environmental statements; notice of intent: Lower Colorado River Basin and associated tributaries, TX; flood damage reduction, ecosystem restoration, and recreation, 39499-39500 01-18983 Orange County, CA; San Diego Creek Watershed, 39500-39501 01-19040 Patent licenses; non-exclusive, exclusive, or partially exclusive: Oceaneering, Advanced Technologies Group, 39501-39502 01-18981 W.F. Baird & Associates; concrete armor unit to protect coastal and hydraulic structures and shorelines; various countries; correction, 39502 01-18982 EPA Environmental Protection Agency RULES Acquisition regulations: Notice to Proceed contracts, 39456-39458 01-18885 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Maryland, 39471-39473 01-19046 NOTICES Reports and guidance documents; availability, etc.: Recreation waters; national beach guidance and performance criteria; comment request, 39510-39512 01-19150 Family Family Support Administration See Child Support Enforcement Office FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 01-18433 39413-39417, 39424-39425, 39429-39431 01-18434 01-18467 01-18470 Boeing, 39417-39429 01-18469 01-18471 Pratt & Whitney, 39433-39435 01-18760 Rockwell Collins, Inc., 39431-39433 01-18707 Class E2 airspace, 39435 01-19044 Class E airspace; correction, 39560 C1-16966 NOTICES Meetings: Commercial launch industry; government's role; on-line public forum, 39545-39548 01-19043 FCC Federal Communications Commission RULES Digital television stations; table of assignments: Virginia, 39452 01-18960 Radio services, special: Private land mobile radio services— Exclusivity and frequency assignment policies; examination; revision; effective date, 39456 01-19067 Radio stations; table of assignments: Colorado, 39455 01-18987 Georgia, 39456 01-18990 Kansas, 39454 01-18957 Montana, 39453-39454 01-18955 New York and Connecticut, 39454-39455 01-18958 New York and Oregon, 39455 01-18989 Various States, 39453 01-18956 PROPOSED RULES Radio stations; table of assignments: Texas, 39473-39474 01-18988 NOTICES Agency information collection activities: Proposed collection; comment request, 39513-39514 01-19065 Submission for OMB review; comment request, 39512-39513 01-19064 Meetings: 2003 World Radiocommunication Conference Advisory Committee, 39514 01-19066 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Portland General Electric Co., 39509 01-19001 Hydroelectric applications, 39509-39510 01-18999 01-19002 01-19003 *Applications, hearings, determinations, etc.:* Constellation Power Source, Inc., 39508 01-18997 Symbiotics, LLC, 39508 01-19000 Tuscarora Gas Transmission Co., 39508-39509 01-18998 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 39539 01-19142 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications— Diabetes; exemption applications, 39548-39553 01-19045 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 39514 01-18952 Meetings; Sunshine Act, 39514-39515 01-19215 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: American peregrine falcons; monitoring plan; comment request, 39523 01-18964 Endangered and threatened species permit applications, 01-18971 39521-39523 01-18975 01-19051 Environmental statements; availability, etc.: Incidental take permits— Santa Barbara, CA; California red-legged frog and tidewater goby, 39523-39525 01-18973 Marine mammal permit applications, 39525 01-19052 National Wildlife Refuge System: Hobe Sound National Wildlife Refuge, FL; additional habitat, 39525 01-19053 Food Food and Drug Administration NOTICES Reports and guidance documents; availability, etc.: Food Additive Safety Office; regulatory submissions in electronic format; general considerations and for food and color additive petitions, 39517-39521 01-18948 Food Food and Nutrition Service NOTICES Agency information collection activities: Proposed collection; comment request, 01-18963 39484-39487 01-18978 Meetings: Maternal, Infant, and Fetal Nutrition National Advisory Council, 39487 01-18979 GSA General Services Administration RULES Federal Management Regulation: Federal advisory committee management; revision Correction, 39560 C1-17350 PROPOSED RULES Federal Management Regulation: Federal mail management, 39473 01-18965 NOTICES Agency information collection activities: Submission for OMB review; comment request; correction, C1-17754 39560 C1-17756 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Child Support Enforcement Office See Food and Drug Administration See Inspector General Office, Health and Human Services Department See Public Health Service RULES Medicare and Medicaid: Health Care Financing Administration; agency name change to Centers for Medicare and Medicaid Services; technical amendments, 39450-39452 01-18959 NOTICES Agency information collection activities: Submission for OMB review; comment request, 39515-39516 01-19054 Grants and cooperative agreements; availability, etc.: Family planning services; correction, 39516 01-19016 Health Health Care Financing Administration See Inspector General Office, Health and Human Services Department Housing Housing and Urban Development Department NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 39521 01-18961 Inspector Inspector General Office, Health and Human Services Department RULES Medicare and Medicaid: Health Care Financing Administration; agency name change to Centers for Medicare and Medicaid Services; technical amendments, 39450-39452 01-18959 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Procedure and administration: Agriculture Department; return information disclosures for statistical purposes and related activities, 39437-39439 01-19055 International International Trade Administration NOTICES Antidumping: Foundry coke products from— China, 39487-39489 01-19048 Tariff rate quotas: Worsted wool fabrics, 39490-39491 01-18954 *Applications, hearings, determinations, etc.:* Research Foundation of State University of New York, 39490 01-19050 Rutgers University, 39489-39490 01-19049 International International Trade Commission NOTICES Meetings; Sunshine Act [ **Editorial Note:** This document, published at 66 FR 39305 in the **Federal Register** of July 30, 2001, was inadvertently listed under “International Trade Administration” in that issue's table of contents.] Import investigations: EPROM, EEPROM, flash memory, and flash microcontroller semiconductor devices and products containing same, 39536-39537 01-19013 Justice Justice Department See Justice Programs Office NOTICES Agency information collection activities: Proposed collection; comment request, 39537 01-19058 Justice Justice Programs Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 39537-39539 01-19057 01-19070 Land Land Management Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 39525-39527 01-19037 01-19038 01-19039 Alaska Native claims selection: Ahtna, Inc., 39527-39528 01-19034 Closure of public lands: Oregon, 39529 01-19028 Environmental statements; notice of intent: Trans-Alaska Pipeline System; Federal agreement and right-of-way renewal, 39529-39531 01-19197 Protraction diagram plat filings: Montana, 39533-39534 01-19031 Realty actions; sales, leases, etc.: Arizona, 39531 01-19029 Nevada, 39531-39532 01-19036 Recreation management restrictions, etc.: Pershing and Washoe Counties, NV; Burning Man Festival; fireworks and firearms restrictions, 39528-39529 01-19035 Survey plat filings: Arizona, 39532 01-19033 Colorado, 39532-39533 01-19032 Idaho, 39533 01-19030 Oregon, 39534 01-19027 Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 01-18991 39553-39554 01-18992 Motor vehicle theft prevention standard: Passenger motor vehicle theft data (1999 CY), 39554-39558 01-18585 National Institute National Institute of Standards and Technology NOTICES Meetings: MEP eBusiness demonstration testbed; cooperative research and development consortium; opportunity to join, 39491-39492 01-19056 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Endangered and threatened species: Atlantic Ocean and Gulf of Mexico; sea turtle interactions with fishing activities; environmental impact statement, 39474-39475 01-19060 Fishery conservation and management: Magnuson-Stevens Act provisions— Essential fish habitat; meeting, 39475 01-19063 West Coast States and Western Pacific fisheries— American Samoa; Pacific pelagic management unit species, 39475-39479 01-19061 Oil Pollution Act: Natural resource damage assessments, 39464-39471 01-18962 NOTICES Environmental statements; notice of intent: Fort Lauderdale, FL and vicinity; mystery oil spill; restoration planning, 39492-39493 01-18755 Meetings: Pacific Fishery Management Council, 39493 01-19059 Permits: Marine mammals, 39493-39494 01-19062 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Maine Yankee Atomic Power Co., 39539-39540 01-19024 Patent Patent and Trademark Office RULES Patent cases: Fee revisions (2002 FY), 39447-39450 01-19021 Personnel Personnel Management Office RULES Student loans repayment, 39405-39406 01-19008 NOTICES Agency information collection activities: Submission for OMB review; comment request, 39540-39541 01-19009 Postal Postal Rate Commission PROPOSED RULES Practice and procedure: Expired rules; comment request Correction, 39560 C1-18454 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration RULES Medicare and Medicaid: Health Care Financing Administration; agency name change to Centers for Medicare & Medicaid Services; technical amendments, 39450-39452 01-18959 Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent: Wellton-Mohawk title transfer, Yuma, AZ, 39534-39536 01-18977 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Municipal Securities Rulemaking Board, 39541-39543 01-19018 State State Department RULES Visas; immigrant documentation: Diversity Immigration Program, 39435-39437 01-18913 NOTICES Agency information collection activities: Submission for OMB review; comment request, 39543-39544 01-19026 Surface Surface Mining Reclamation and Enforcement Office RULES Indian lands program: Abandoned mine land reclamation plans— Navajo Nation, 39439-39443 01-19015 Surface Surface Transportation Board NOTICES Rail carriers: Railroad revenue adequacy determinations; Class I railroads, 39558 01-19019 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 39558-39559 01-19010 Veterans Veterans Affairs Department NOTICES Committees; establishment, renewal, termination, etc.: Homelessness Among Veterans Advisory Committee, 39559 01-18949 Separate Parts In This Issue Part II Department of Health and Human Services, Centers for Medicare and Medicaid Services, 39561-39607 01-18869 Part III Department of Education, 39609-39610 01-18969 Part IV Department of Education, 39611-39613 01-18968 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. 66 147 Tuesday, July 31, 2001 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 537 RIN 3206-AJ33 Repayment of Student Loans AGENCY: Office of Personnel Management. ACTION: Final rulemaking. SUMMARY: The Office of Personnel Management

(OPM)is issuing final regulations to implement provisions of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 authorizing Federal agencies to repay federally insured student loans when necessary to recruit or retain highly qualified personnel. EFFECTIVE DATES: August 30, 2001. FOR FURTHER INFORMATION CONTACT: Michael J. Mahoney,

(202)606-0830 (FAX 202-606-0390). SUPPLEMENTARY INFORMATION: On March 16, 2001, OPM published proposed regulations implementing provisions of Public Law 106-398. OPM is making them final with no changes. These provisions: Remove the restriction of this incentive to professional, technical, or administrative personnel; remove the limitation of this incentive to employees covered under General Schedule pay rates; broaden the types of loans which qualify under this part under the Higher Education Act of 1965 and the Public Health Service Act; require agencies to report annually to OPM on their use of this incentive; and require OPM to report annually to Congress on agencies' use of this incentive. These regulations reflect the amendments to 5 U.S.C. 5379. The repayment authority is one of several flexibilities made available to agencies when trying to attract individuals to the Federal service, or retain highly qualified personnel. These final regulations amend the following: Purpose, Definition of Employee, Definition of Student Loan, and Records and Reports. Comments OPM received comments from 3 agencies and 6 individuals. One agency commented that the $40,000 payment limitation is not clear, and that the final regulations should provide greater clarity as to what this limitation represents. OPM did not adopt this suggestion because we believe the language in the regulation at 5 CFR 537.106(c)(2), which reads, “a total of $40,000 per employee”, is sufficiently clear. The $40,000 limitation is the maximum an agency may pay to any one employee. The same agency also suggested that the final regulations state whether this benefit is subject to the aggregate limitation on pay. OPM did not adopt this suggestion because that issue is outside the scope of these regulations. However, OPM is amending the questions and answers on student loan repayments on the OPM Web site to clarify that these payments are not subject to that aggregate limitation. Another agency suggested that OPM serve as a resource for information pertaining to tax withholding and payroll related issues associated with the use of this benefit. OPM does not agree with this suggestion because we have no authority to provide guidance on tax related issues. OPM defers to the Internal Revenue Service

(IRS)on tax related matters. However OPM, with input from the IRS, provides information pertaining to the tax related aspects of this benefit in our Questions and Answers. This agency also commented that the annual reporting requirements do not impose an undue burden on agencies. A third agency suggested that the annual reporting requirement be conducted on a fiscal year basis to coincide with agency reports for other recruitment, retention, and relocation incentives. OPM agrees with this suggestion and will adopt a fiscal year reporting requirement. We will address reporting timeframes in our Questions and Answers. One individual commented that more guidelines are needed to ensure appropriate implementation of this program and to safeguard against abuses of the program. OPM did not address this suggestion in the final regulations because we have issued accompanying Questions and Answers guidance to assist agencies with their implementation of this program. Another individual suggested the final regulations clarify what is expected of employees after they receive this benefit. OPM has already addressed this in 5 CFR 537.107 (service agreements) and in 5 CFR 537.108 (loss of eligibility for loan repayment benefits). Another individual suggested that OPM define the term, “highly qualified personnel” in the final regulations. OPM did not adopt this suggestion. A standard definition of “highly qualified personnel” may limit agencies in their use of this authority, as there are many ways in which an individual may be deemed highly qualified in relation to the duties they perform or the skills they possess. OPM reminds agencies that they can define the term in their agency plans for using this authority. Finally, one individual noted the difficulties in showing that an employee would be likely to leave for employment outside the Federal service. The individual commented that proof of an offer of employment is too unrealistic and difficult to obtain, and that private sector employers are not likely to provide such proof. OPM believes the final regulations give agencies wide latitude in how they determine whether an employee may be likely to leave for employment outside the Federal service. The final regulations do not specify that proof from a private sector employer is required in order for this benefit to be used as a retention incentive. 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 it affects only certain Federal employees. List of Subjects in 5 CFR Part 537 Administrative practice and procedure, Government employees, Wages. Office of Personnel Management. Kay Coles James, Director. Accordingly, OPM amends part 537 to Title 5, Code of Federal Regulations, as follows: PART 537—REPAYMENT OF STUDENT LOANS 1. The authority citation for part 537 continues to read as follows: Authority: 5 U.S.C. 5379. 2. Section 537.101 is revised to read as follows: § 537.101 Purpose. This part provides regulations to implement 5 U.S.C. 5379, as amended, which authorizes agencies to establish a program under which they may agree to repay (by direct payment on behalf of the employee) all or part of any outstanding federally insured student loan or loans previously taken out by a candidate to whom an offer of employment has been made, or a current employee of the agency, in order to recruit or retain highly qualified personnel. 3. In § 537.102 the definitions of *Employee* and *Student loan* are revised to read as follows: § 537.102 Definitions. *Employee* has the meaning given that term in 5 U.S.C. 2105, except it does not include an employee occupying a position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy advocating character (i.e., employees serving under Schedule C appointments). *Student loan* means—

(a)A loan made, insured, or guaranteed under parts B, D or E of title IV of the Higher Education Act of 1965; or

(b)A health education assistance loan made or insured under part A of title VII of the Public Health Service Act, or under part E of title VIII of that Act. 4. In section 537.110 the section heading is revised and the existing text is designated as paragraph (a), and paragraph

(b)is added, to read as follows: § 537.110 Records and Reports.

(b)Before January 1st of each year, each agency must submit a written report to the Office of Personnel Management stating when the agency made student loan repayments on behalf of an employee during the previous fiscal year. Each report must include:

(1)The number of employees selected to receive this benefit;

(2)The job classifications of the employees selected to receive benefits under this part; and

(3)The cost to the Federal government for providing benefits under this part. [FR Doc. 01-19008 Filed 7-30-01; 8:45 am]

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