Unknown. Final rule

2,662 words·~12 min read·/register/2001/09/26/01-24103

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--- schema: federal-register doc_type: fedreg source_file: FR-2001-09-26.xml --- 66 187 Wednesday, September 26, 2001 Contents Agricultural Agricultural Marketing Service RULES Oranges, grapefruit, tangerines, and tangelos grown in Florida, 49088-49093 01-24061 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service NOTICES Agency information collection activities: Proposed collection; comment request, 49160-49161 01-24054 01-24055 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments: 3D Systems Corp et al., 49200-49211 01-23999 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Proposed collection; comment request, 49190-49192 01-24021 01-24022 Submission for OMB review; comment request, 49192-49193 01-24019 01-24020 Coast Guard Coast Guard RULES Ports and waterways safety: Coast Guard Force Protection Station Portsmouth Harbor, NH, et al.; safety and security zones, 49106-49107 01-24110 Ports of Jacksonville and Port Canaveral, FL; security zones, 49104-49106 01-24111 NOTICES Agency information collection activities: Submission for OMB review; comment request, 49247-49248 01-24109 Commerce Commerce Department See Foreign-Trade Zones Board 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:

Turkey, 49168-49169 01-24004 Textile and apparel categories: Quota and visa requirements; exemptions— Apparel articles assembled from regional and other fabric for beneficiary Sub-Saharan African countries, 49169 01-24070 Comptroller Comptroller of the Currency RULES Corporate activities: Federal branches and agencies; operating subsidiaries, 49093-49098 01-24005 Defense Defense Nuclear Facilities Safety Board NOTICES Senior Executive Service: Performance Review Board; membership, 49169-49170 01-23987 Education Education Department NOTICES Agency information collection activities:

Proposed collection; comment request, 49170 01-24025 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Maryland, 49108-49110 01-24067 Pennsylvania, 49107-49108 01-23626 01-23627 01-23629 Hazardous waste program authorizations: California, 49118-49124 01-24066 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Zoxamide and its metabolites, 49110-49118 01-23640 NOTICES Agency information collection activities:

Proposed collection; comment request, 49176-49177 01-24063 Air quality; prevention of significant deterioration (PSD): Permit determinations, etc.— Chehalis Generating Facility, WA, 49178 01-24062 Meetings: Clean Air Act Advisory Committee, 49178-49179 01-23639 State and Tribal Toxics Action Forum, 49179-49180 01-24059 Pesticide programs: Risk assessments; availability, etc.— Atrazine, 49180-49182 01-23924 Pesticide registration, cancellation, etc.: Cheminova AGRO A/S et al., 49182-49183 01-24060 Syngenta Crop Protection, Inc., et al., 49184-49186 01-24058 Water quality criteria:

Atrazine; aquatic life criteria document, 49186-49188 01-23753 Executive Executive Office of the President See Management and Budget Office See Trade Representative, Office of United States Farm Farm Credit Administration NOTICES Meetings; Sunshine Act, 49188 01-24259 FAA Federal Aviation Administration RULES Airworthiness directives: Rolls-Royce plc, 49099-49101 01-24023 IFR altitudes, 49101-49104 01-24093 PROPOSED RULES Airworthiness directives: EXTRA Flugzeugbau GmbH, 49148-49152 01-24024 NOTICES Aeronautical land-use assurance; waivers:

Stafford Regional Airport, VA, 49248-49249 01-24099 Exemption petitions; summary and disposition, 01-24094 49249-49250 01-24095 Meetings: Aviation Weather Technology Transfer Board, 49250 01-24100 Passenger facility charges; applications, etc.: Fort Dodge Regional Airport, IA, 49250-49251 01-24098 Reports and guidance documents; availability, etc.: Small Airplane Directorate Policy— Flammability testing; policy statement, 49251-49252 01-24097 Static strength substantiation of composite airplane structure; policy statement, 49251 01-24096 FCC Federal Communications Commission RULES Television broadcasting:

Satellite Home Viewer Improvement Act implementation; broadcast signal carriage and retransmission consent issues, 49124-49135 01-23970 NOTICES Common carrier services: In-region interLATA services— Verizon Pennsylvania Inc. et al.; application to provide services in Pennsylvania, 49188-49189 01-24042 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 49170-49171 01-24016 Electric rate and corporate regulation filings:

Panda Tallmadge Power, L.P., et al., 49174-49176 01-24041 Environmental statements; availability, etc.: Pacific Gas & Electric Co., 49176 01-24015 S.D. Warren Co., 49176 01-24014 *Applications, hearings, determinations, etc.:* Canyon Creek Compression Co., 49171-49172 01-24010 Columbia Gulf Transmission Co., 49172 01-24013 Credit Suisse First Boston International, 49172 01-24018 Gulf South Pipeline Co., L.P., 49173 01-24012 KO Transmission Co., 49173 01-24008 Paiute Pipeline Co., 49173 01-24011 Questar Pipeline Co., 49174 01-24009 Transcontinental Gas Pipe Line Corp., 49174 01-24017 Federal Highway Federal Highway Administration PROPOSED RULES Engineering and traffic operations:

Highway bridge replacement and rehabilitation program, 49152-49154 01-24091 National bridge inspection standards, 49154-49158 01-24092 NOTICES Environmental statements; notice of intent: Honolulu City and County, HI; Primary Transportation Corridor, 49252-49253 01-24090 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 49190 01-24105 Ocean transportation intermediary licenses: Worldwide Express, 49190 01-24107 Federal Reserve Federal Reserve System RULES Extensions of credit by Federal Reserve banks (Regulation A):

Discount rate changes, 49098-49099 01-24000 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 49190 01-24252 Federal Transit Federal Transit Administration NOTICES Environmental statements; notice of intent: Honolulu City and County, HI; Primary Transportation Corridor, 49252-49253 01-24090 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Sacramento Mountains checkerspot butterfly, 49158-49159 01-24037 NOTICES Endangered and threatened species permit applications, 49197-49198 01-24038 Meetings:

Aquatic Nuisance Species Task Force, 49198 01-24056 Food Food and Drug Administration NOTICES Human drugs: Drug products withdrawn from sale for reasons other than safety or effectiveness— Disulfiram tablets, 250 and 500 milligrams, 49193-49194 01-24039 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Indiana Rolls Royce Corp.; gas turbine engine manufacturing facilities, 49161-49162 01-24081 Puerto Rico IPR Pharmaceuticals, Inc.; pharmaceuticals manufacturing facility, 49162-49163 01-24080 Texas Valero Refining Co.-Texas; oil refinery complex, 49163 01-24086 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Public Health Service See Substance Abuse and Mental Health Services Administration RULES Medical facility construction and modernization:

Uncompensated services; compliance alternatives, 49261-49269 01-24043 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Proposed collection; comment request, 49196-49197 01-24006 Indian Indian Affairs Bureau NOTICES Agency information collection activities: Submission for OMB review; comment request, 49198-49199 01-24035 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau International International Trade Administration NOTICES Antidumping:

Heavy forged hand tools from— China, 49163-49164 01-24084 Spherical plain bearings and parts, etc., from— France and Singapore, 49164 01-24082 Top-of-the-stove stainless steel cooking ware from— Korea, 49164-49165 01-24083 *Applications, hearings, determinations, etc.:* Research Foundation of State University of New York, 49165 01-24085 Justice Justice Department See Antitrust Division NOTICES Pollution control; consent judgments: Norrell Dearing et al., 49199 01-23998 RSO, Inc., 49199-49200 01-23997 Labor Labor Department See Occupational Safety and Health Administration Management Management and Budget Office NOTICES Federal Activities Inventory Reform Act of 1998; implementation:

Agency Inventories of Activities that are not Inherently Governmental; availability, 49219-49221 01-23990 Merit Merit Systems Protection Board NOTICES Variations from normal case processing procedures; effects of attacks on World Trade Center and Pentagon, 49213-49214 01-23986 National Archives National Archives and Records Administration NOTICES Reports and guidance documents; availability, etc.: Services for persons with limited English proficiency; comment request, 49214-49215 01-23991 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 49253-49254 01-23988 Meetings: New Car Assessment Program; Consumer Braking Initiative; workshop cancelled, 49254 01-24101 Motor vehicle safety standards; exemption petitions, etc.: Continental General Tire, Inc., 49254-49255 01-24089 Safeline Corp., 49256-49258 01-24088 NIH National Institutes of Health NOTICES Agency information collection activities: Submission for OMB review; comment request, 49194 01-24033 Meetings: Fogarty International Center Advisory Board, 49194 01-24029 National Heart, Lung, and Blood Institute, 49195 01-24030 01-24031 National Institute of Diabetes and Digestive and Kidney Diseases, 49195-49196 01-24028 National Institute on Alcohol Abuse and Alcoholism, 49196 01-24032 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pollock, 49146-49147 01-23996 Gulf of Mexico and South Atlantic spiny lobster— Figure 1 added; CFR correction, 49135-49136 01-55529 Northeastern United States fisheries— Tilefish, 49136-49146 01-24117 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— California Transportation Department, Richmond-San Rafael Bridge, San Francisco Bay, CA; seismic retrofit construction; Pacific harbor seals, etc., 49165-49167 01-24116 Meetings:

Gulf of Mexico Fishery Management Council, 49167-49168 01-24115 New England Fishery Management Council, 49168 01-24114 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Exelon Generation Co., LLC, 49218-49219 01-24046 General Electric Co., 49219 01-24047 *Applications, hearings, determinations, etc.:* Hood, Virgil J., Sr., 49215-49217 01-24048 Niagara Mohawk Power Corp. et al., 49217-49218 01-24049 Occupational Occupational Safety and Health Administration NOTICES Nationally recognized testing laboratories, etc.:

MET Laboratories, Inc., 49211-49213 01-24026 Office Office of Management and Budget See Management and Budget Office Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office RULES Health benefits, Federal employees: Health insurance premiums— Pretax allotments, 49085-49086 01-24103 TRICARE-eligible's enrollment suspension, 49086-49088 01-24108 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 49221 01-24102 Excepted service: Schedules A, B, and C; positions placed or revoked— Consolidated list, 49221-49238 01-24076 Health benefits, Federal employees: Medically underserved areas (2002 CY), 49240 01-24104 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

National Toxicology Program— Alternative Toxicological Methods Advisory Committee, 49196 01-24034 Research Research and Special Programs Administration NOTICES Meetings: Better Understanding of Mechanical Damage in Pipelines; cooperative agreement quarterly performance review, 49258-49259 01-24087 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 49240 01-24051 01-24182 Self-regulatory organizations; proposed rule changes: Philadelphia Stock Exchange, Inc., 49240-49244 01-24002 01-24003 SBA Small Business Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 49244 01-24045 Social Social Security Administration NOTICES Agency information collection activities: Proposed collection and submission for OMB review; comment request, 49244-49246 01-24040 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Substance Abuse Treatment Center National Advisory Council, 49196 01-24036 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Tarrif-rate quota amount determinations:

Raw cane sugar, refined sugar, and sugar-containing products, 49246-49247 01-24113 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration NOTICES Meetings: North American Free Trade Agreement information conference, 49247 01-23989 Treasury Treasury Department See Comptroller of the Currency Veterans Veterans Affairs Department NOTICES Agency information collection activities:

Proposed collection; comment request, 49259 01-24072 Separate Parts In This Issue Part II Department of Health and Human Services, 49261-49269 01-24043 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. 66 187 Wednesday, September 26, 2001 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 550 RIN 3206-AJ16 Pretax Allotments for Health Insurance Premiums AGENCY:

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

(OPM)is issuing final regulations dealing with the use of OPM's allotment authority to allow for Federal Employees Health Benefits

(FEHB)employee premium payments to be deducted on a pretax basis under section 125 of the Internal Revenue Code. The allotment regulations work in tandem with related FEHB regulations dealing with this premium conversion. EFFECTIVE DATE: October 26, 2001. FOR FURTHER INFORMATION CONTACT: Bryce Baker,

(202)606-2858, FAX:

(202)606-0824, or e-mail: *payleave@opm.gov.* SUPPLEMENTARY INFORMATION: On July 19, 2000, the Office of Personnel Management

(OPM)published interim regulations (65 FR 44643) that allowed employees to pay their Federal Employees Health Benefits

(FEHB)premiums through an allotment from the employee's pay to the employing agency. Use of this allotment mechanism allows FEHB premiums to be paid with pretax dollars, as permitted under section 125 of the Internal Revenue Code. The amendments to the allotment regulations were accompanied by a separate interim rule making necessary changes in the FEHB regulations (65 FR 44644) to allow this premium conversion. OPM received comments from one agency representative and two individual employees on the changes in the allotment regulations. The agency comment noted that a part of the allotment regulations not amended in the interim rule contained a reference to an obsolete Treasury regulation. It recommended that this be corrected in the final regulations. Section 550.311(a)(5) of title 5, Code of Federal Regulations, specifies that agencies must allow employees to have “up to two allotments for savings under Department of the Treasury regulations as codified at part 209 of title 31, Code of Federal Regulations.” However, the Treasury Department removed part 209 from its title 31 regulations effective on January 27, 1997. ( *See* 61 FR 68155, December 27, 1996.) Part 209 dealt with certain wage, salary, annuity, and allotment payments for credit to the accounts of Federal employees and beneficiaries generally made by paper check. These payments are now made by electronic funds transfer and are regulated by part 210. Part 210 does not impose a limit on the number of allotments for savings. Instead, it leaves the matter to the paying agency. We are revising § 550.311(a)(5) to remove the obsolete reference to part 209 of title 31. The revised language provides that an agency must allow an employee to have “at least two allotments for savings.” Thus, the OPM regulations continue to require that agencies allow employees to have a minimum of two savings allotments, but there are no restrictions on the maximum number of savings allotment that may be permitted under an agency's discretionary authority in § 550.311(b). An individual commenter questioned why only health insurance premium payments under the FEHB Program could be deducted on a pretax basis. The commenter is a civilian employee who is covered by certain health insurance programs established for retired military members. At the President's direction, the allotment regulations were amended to provide specifically that FEHB premiums may be deducted on a pretax basis. Section 550.311(b) provides that pretax allotments are permitted only when there is an authority ( *i.e.,* statute, Executive order, Presidential directive, or OPM regulations) specific to Federal employees. For example, certain transportation fringe benefit allotments may be made on a pretax basis as allowed by 5 U.S.C. 7905(b) and Executive Order 13150, April 21, 2000. Another commenter expressed concern about whether Federal employees would be provided with information on the impact that pretax FEHB premium allotments would have on Social Security benefits, so that they could make an informed decision on whether to waive participation in premium conversion. In fact, prior to implementation of premium conversion, OPM provided agencies with extensive information about the premium conversion program to share with employees. That information included a sample employee handout with a section highlighting the Social Security benefit issue and a financial worksheet with a section on estimating the impact on a person's Social Security benefits. ( *See* Benefits Administration Letter 00-215 issued by OPM's Retirement and Insurance Service on August 24, 2000.) This information also was made available on OPM's website. These final regulations adopt the interim regulations without any changes to the amendments contained in the interim regulations. However, as described above, we are making a correction dealing with the obsolete reference to a withdrawn Treasury regulation. E.O. 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. List of Subjects in 5 CFR Part 550 Administrative practice and procedure, Claims, Education, Government employees, Wages. U.S. Office of Personnel Management. Kay Coles James, Director. Accordingly, the interim rule amending part 550 of title 5 of the Code of Federal Regulations, which was published at 65 FR 44643, is adopted as a final rule with the following change: PART 550—PAY ADMINISTRATION (GENERAL) Subpart C—Allotments and Assignments from Federal Employees 1. The authority citation for subpart C of part 550 continues to read as follows: Authority: 5 U.S.C. 5527; E.O. 10982, 3 CFR 1959-1963 Comp., p. 502. 2. In § 550.311, paragraph (a)(5) is revised to read as follows: § 550.311 Authority of agency.

(a)* * *

(5)At least two allotments for savings; [FR Doc. 01-24103 Filed 9-25-01; 8:45 am]

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