Unknown. Interim rule with request for comments

4,592 words·~21 min read·/register/2001/11/02/01-27518

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-2001-11-02.xml --- 66 213 Friday, November 2, 2001 Contents Agriculture Agriculture Department See Food Safety and Inspection Service Army Army Department See Engineers Corps NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Critical care platform for litters, 55641-55642 01-27633 DFB Pharmaceuticals, Inc.; correction, 55641 01-27627 Immunoassay and reagents and kits for performing same, 55642 01-27629 Method and kit for rapid detection of toxins and bacteria, etc., 55642-55643 01-27628 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Proposed collection; comment request, 55675-55677 01-27528 01-27529 Centers Centers for Medicare & Medicaid Services RULES Medicare: Hospital outpatient services; prospective payment system, 55856-55866 01-27659 Medical devices; additional pass-through categories; establishment, 55849-55857 01-27658 NOTICES Reports and guidance documents; availability, etc.: Plan to create open and responsive Federal agency, 55677-55679 01-27700 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.:

Early Head Start; correction, 55679 01-27610 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: New Mexico, 55637 01-27556 Coast Guard Coast Guard RULES Pollution: Oil or hazardous material pollution prevention regulations, etc.— Oceangoing ships and vessels in domestic service, 55566-55575 01-27256 Ports and waterways safety: Verrazano Narrows Bridge, NY; security zone, 55575-55576 01-27607 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 01-27570 55635-55636 01-27571 Commodity Commodity Futures Trading Commission PROPOSED RULES Securities:

Accounts holding security futures products; applicability of customer protection, recordkeeping, reporting, and bankruptcy rules, etc., 55608-55609 01-27523 Defense Defense Department See Army Department See Engineers Corps See Navy Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 55641 01-27517 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 55647 01-27527 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 55700-55701 01-27339 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

Alternative Technologies to Incineration Stakeholder Forum, 55647-55648 01-27554 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Pocahontas County, WV; Marlinton Local Protection Project, 55643-55644 01-27631 Environmental statements; notice of intent: Maricopa County, AZ; Va Shly’ay Akimel Salt River Restoration Project, 55644-55645 01-27630 Missouri River Fish and Wildlife Mitigation Project, IA, NE, KS, and MO, 55644 01-27632 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Generic maximum achievable control technology standards; surge control and bottoms receiver vessels, 55843-55847 01-27593 Sterilization facilities; ethylene oxide emissions standards, 55577-55585 01-27594 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Methoxyfenozide, 55585-55593 01-27603 PROPOSED RULES Air pollution control; new motor vehicles and engines: Nonroad large spark ignition engines and recreational engines (marine and land-based); emissions control Correction, 55617-55618 01-27466 NOTICES Agency information collection activities:

Proposed collection; comment request, 55658 01-27590 Environmental statements; availability, etc.: Agency statements— Weekly receipts, 55658-55659 01-27604 Meetings: Association of American Pesticide Control Officials/State FIFRA Issues Research and Evaluation Group, 55659-55660 01-27597 Pesticide, food, and feed additive petitions: Interregional Research Project (No. 4), 55660-55664 01-27600 Superfund; response and remedial actions, proposed settlements, etc.: Cliff/Dow Dump Site, MI, 55664-55665 01-27592 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives:

Overland Aviation Services, 55559-55563 01-27412 Standard instrument approach procedures, 55563-55566 01-27572 01-27573 FCC Federal Communications Commission RULES Radio stations; table of assignments: Michigan, 55598 01-27611 Missouri, 55597-55598 01-27612 South Carolina and Georgia, 55596-55597 01-27614 Various States, 55597 01-27613 PROPOSED RULES Common carrier services: Commercial mobile radio services— Wireless enhanced 911 service conditions; public safety answering point clarification;

Richardson, TX, 55618-55623 01-27605 NOTICES Agency information collection activities: Proposed collection; comment request, 55665-55666 01-27487 Rulemaking proceedings; petitions filed, granted, denied, etc., 55666 01-27488 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Public Service Co. of New Mexico et al., 55654-55655 01-27531 Hydroelectric applications, 55655-55657 01-27533 01-27534 Practice and procedure: Off-the-record communications, 55657-55658 01-27535 *Applications, hearings, determinations, etc.:* Aquenergy Systems, Inc., 55648 01-27563 Copper Eagle Gas Storage, L.L.C., 55648-55649 01-27532 Dominion Transmission, Inc., 55649-55650 01-27560 Duke Power, 55650 01-27566 Enterprise Mill, LLC, 55650 01-27568 Hamilton, OH, 55651 01-27567 Northeast Generation Co., 55651 01-27564 PacifiCorp, 55651-55652 01-27561 01-27562 Sea Robin Pipeline Co., 55652 01-27558 Texas Eastern Transmission, LP, 55652-55653 01-27559 Woronoco Hydro LLC, 55653-55654 01-27565 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:

Parts and accessories necessary for safe operation— Ford Motor Co.; fuel tank exemptions, 55727-55728 01-27551 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 55666 01-27492 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Agency information collection activities: Proposed collection; comment request, 55728-55729 01-27623 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.:

Antioch Dunes National Wildlife Refuge, CA, 55692-55693 01-27519 Endangered and threatened species: Findings on petitions, etc.— Sea otters, Alaska stock; listing as depleted, 55693-55697 01-27495 Food Food and Drug Administration NOTICES Human drugs: New drug applications— Schering Corp. et al.; approval withdrawn; correction, 55679 01-27520 Prescription drug products— Anthrax inhalation exposure; doxycycline and penicillin G procaine administration, 55679-55682 01-27493 Food Food Safety and Inspection Service PROPOSED RULES Pizza identity standards; elimination, 55601-55603 01-27542 NOTICES Meetings:

Meat and Poultry Inspection National Advisory Committee, 55634 01-27538 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Tennessee and Virginia, 55637 01-27622 GSA General Services Administration RULES Federal Management Regulation: Annual real property inventories, 55593-55595 01-27609 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 Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Organization, functions, and authority delegations:

Budget, Technology, and Finance Office, 55666-55675 01-27006 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 55690-55691 01-27491 Grant and cooperative agreement awards: Troubled agency recovery efforts and funding assistance; technical assistance, 55691-55692 01-27490 Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 55692 01-27314 Immigration Immigration and Naturalization Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 01-27548 01-27549 55698-55700 01-27550 Interior Interior Department See Fish and Wildlife Service See Surface Mining Reclamation and Enforcement Office International International Trade Administration NOTICES Antidumping: Hot-rolled carbon steel flat products from— Netherlands, 55637-55639 01-27621 Stainless steel butt-weld pipe fittings from— Taiwan, 55639-55640 01-27620 Stainless steel sheet and strip in coils from— France, 55640 01-27619 International International Trade Commission NOTICES Import investigations:

Clad steel plate from— Japan, 55697 01-27540 Pasta from— Italy and Turkey, 55697 01-27539 Justice Justice Department See Immigration and Naturalization Service NOTICES Pollution control; consent judgments: Friedland, Robert, 55697-55698 01-27608 Labor Labor Department See Employment Standards Administration Maritime Maritime Administration RULES Marine carriers and related activities: Vessel transfer to foreign registry upon revocation fishery endorsement; denial, 55595-55596 01-27625 NOTICES Agency information collection activities:

Proposed collection; comment request, 55728 01-27624 Medicare Medicare Payment Advisory Commission NOTICES Meetings, 55701 01-27553 National Communications National Communications System NOTICES Telecommunications emergency alerting capabilities; information request, 55701-55702 01-27555 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards: Child restraint systems— Labels and instructions; simplification, 55623-55633 01-27545 NIH National Institutes of Health NOTICES Meetings:

National Cancer Institute, 01-27505 55682-55683 01-27506 National Center for Research Resources, 55683 01-27500 National Heart, Lung, and Blood Institute, 01-27497 55683-55684 01-27498 National Institute of Allergy and Infectious Diseases, 55684 01-27499 National Institute of Child Health and Human Development, 55685 01-27503 National Institute of Diabetes and Digestive and Kidney Diseases, 55686 01-27507 01-27508 National Institute of Environmental Health Sciences, 55684-55685 01-27496 01-27502 National Institute of General Medical Sciences, 55685 01-27504 National Institute of Mental Health, 55684-55685 01-27501 National Institute on Alcohol Abuse and Alcoholism, 55687 01-27516 National Institute on Deafness and Other Communication Disorders, 01-27509 55686-55687 01-27510 National Institute on Drug Abuse, 55687 01-27513 National Library of Medicine, 55687-55688 01-27512 Scientific Review Center, 01-27511 55688 01-27514 01-27515 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Northeastern United States fisheries— Black sea bass, 55599-55600 01-27616 West Coast States and Western Pacific fisheries— Pacific Coast groundfish; correction, 55599 01-27634 NOTICES Committees; establishment, renewal, termination, etc.: Monterey Bay National Marine Sanctuary Advisory Council, 55640-55641 01-27615 National Science National Science Foundation NOTICES Agency information collection activities: Proposed collection; comment request, 55702 01-27489 Meetings: Cyberinfrastructure Advisory Committee, 55702 01-27618 Navy Navy Department NOTICES Environmental statements; availability, etc.:

Base realignment and closure— Naval Weapons Industrial Reserve Plant, NY, 55645-55646 01-27617 Nuclear Nuclear Regulatory Commission RULES Radioactive wastes, high-level; disposal in geologic repositories: Yucca Mountain, NV, 55731-55816 01-27157 Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 55559 01-27578 PROPOSED RULES Rulemaking petitions: National Mining Association, 55604-55607 01-27536 Three Mile Island Alert, 55603-55604 01-27576 NOTICES Environmental statements; availability, etc.:

Duane Arnold Energy Center, 55703-55709 01-27716 Meetings: Reactor Safeguards Advisory Committee, 55709-55711 01-27537 01-27575 Reactor Safeguards Advisory Committee et al., 55710 01-27574 Reports and guidance documents; availability, etc.: Future licensing and inspection readiness assessment, 55711-55712 01-27577 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office RULES Absence and leave:

Restored annual leave use due to response to national emergency resulting from terrorist attacks, 55557-55559 01-27518 Postal Postal Service RULES Contract with America Advancement Act; implementation, 55577 01-27626 NOTICES Meetings; Sunshine Act, 55712 01-27724 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Veterans Day (Proc. No. 7491), 55555-55556 01-27717 ADMINISTRATIVE ORDERS Sudan; state of emergency (Notice of October 31, 2001), 55867-55869 01-27777 Public Public Debt Bureau See Fiscal Service NOTICES Agency information collection activities:

Proposed collection; comment request, 55729 01-27552 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 SEC Securities and Exchange Commission RULES Securities: Brokers and dealers; books and records requirements, 55817-55841 01-27439 PROPOSED RULES Securities: Accounts holding security futures products; applicability of customer protection, recordkeeping, reporting, and bankruptcy rules, etc., 55608-55609 01-27523 NOTICES Meetings;

Sunshine Act, 55712 01-27679 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 55712-55722 01-27524 Chicago Board Options Exchange, Inc., 55722-55723 01-27525 Government Securities Clearing Corp., 55724-55725 01-27557 New York Stock Exchange, Inc., 55725-55726 01-27526 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 55688-55690 01-27530 Grants and cooperative agreements; availability, etc.:

Addiction Technology Transfer Center Sites and National Office support, 55690 01-27521 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Louisiana, 55609-55611 01-27544 Mississippi, 55611-55614 01-27543 Trade Trade Representative, Office of United States NOTICES African Growth and Opportunity Act; implementation: Uganda; benefits eligibility determination, 55726-55727 01-27494 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration See National Highway Traffic Safety Administration RULES Organization, functions, and authority delegations:

Aviation and International Affairs, Assistant Secretary, 55598-55599 01-27251 Treasury Treasury Department See Fiscal Service See Public Debt Bureau Veterans Veterans Affairs Department PROPOSED RULES Disabilities rating schedule: Ankylosis and limitation of motion of fingers and thumb, 55614-55617 01-27426 Separate Parts In This Issue Part II Nuclear Regulatory Commission, 55731-55816 01-27157 Part III Securities and Exchange Commission, 55817-55841 01-27439 Part IV Environmental Protection Agency, 55843-55847 01-27593 Part V Health and Human Services Department, Centers for Medicare & Medicaid Services, 55849-55866 01-27658 01-27659 Part VI The President, 55867-55869 01-27777 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.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 66 213 Friday, November 2, 2001 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR PART 630 RIN 3206-AJ51 Absence and Leave; Use of Restored Annual Leave AGENCY: Office of Personnel Management. ACTION: Interim rule with request for comments.

SUMMARY: The Office of Personnel Management is issuing interim regulations to aid agencies and employees responding to the “National Emergency by Reason of Certain Terrorist Attacks” on the World Trade Center and the Pentagon. The regulations provide that employees who would forfeit excess annual leave because of their work to support the nation during the national emergency will be deemed to have scheduled their excess annual leave in advance. Such employees will be entitled to restoration of their annual leave under these regulations.

DATES: The interim regulations are effective on December 3, 2001. Comments must be received on or before January 2, 2002. ADDRESSES: Comments may be sent or delivered to Donald J. Winstead, Assistant Director for Compensation Administration, Workforce Compensation and Performance Service, Office of Personnel Management, Room 7H31, 1900 E Street NW., Washington, DC 20415, FAX:

(202)606-0824, or e-mail: *payleave@opm.gov* . FOR FURTHER INFORMATION CONTACT: Sharon A. Herzberg,

(202)606-2858. SUPPLEMENTARY INFORMATION: On September 14, 2001, President Bush declared a “National Emergency by Reason of Certain Terrorist Attacks” on the World Trade Center and the Pentagon. The unprecedented events of September 11, 2001, the efforts toward recovery and response, and the continuing and immediate threat of further attacks on the United States have found many Federal agencies involved in activities vital to our nation. The Office of Personnel Management

(OPM)is issuing these regulations to assist Federal employees who would lose entitlement to excess annual leave because of their involvement in national emergency efforts. These interim regulations simplify the restoration of employees' forfeited annual leave and impose relaxed time limitations for using restored annual leave. The procedures established by these interim regulations are similar to those established at 5 CFR 630.309 for employees who were deemed essential to the Year 2000

(Y2K)computer conversion. Section 6304 of title 5, United States Code, establishes limitations on the amount of annual leave an employee may carry over from one leave year to the next. Most employees can carry over no more than 240 hours of annual leave to the next leave year. However, 5 U.S.C. 6304(d)(1)(b) also provides that excess annual leave lost as a result of “exigencies of the public business when the annual leave was scheduled in advance” may be restored to the affected employee. For the purpose of Federal leave administration, an exigency of the public business occurs when there is a pressing need for an employee's service and his or her pre-approved annual leave must be canceled because there are no other practical alternatives available to accomplish the work by a given deadline. Many employees in Federal agencies are essential to on-going efforts to cope with the national emergency. As a result, many of these employees will be faced with the possible forfeiture of “use or lose” annual leave because they must remain on the job to guarantee the fulfillment of the agencies' missions during this critical period and beyond. Under the normal rules, agencies would be faced with the administrative burden of scheduling, canceling, and restoring such leave for these employees at a time when all available attention and energy should be focused on the national emergency. The “National Emergency by Reason of Certain Terrorist Attacks” constitutes an exigency of the public business under 5 U.S.C. 6304(d)(1)(b), which justifies the restoration of any forfeited annual leave in excess of the maximum allowable limits. Since it is known in advance that it is not possible for employees involved in the national emergency to be absent on leave, the scheduling and canceling of such leave places an unnecessary administrative burden on the employees and agencies involved. In support of both agencies' and employees' needs, we are simplifying the procedures for restoring annual leave forfeited as a result of the national emergency. Section 630.311(a) of title 5, Code of Federal Regulations, will deem the “National Emergency by Reason of Certain Terrorist Attacks” an exigency of the public business. In addition, under § 630.311(b), annual leave forfeited in a leave year as a result of the national emergency will be deemed to have been scheduled in advance for the purpose of satisfying the requirements in 5 U.S.C. 6304(d) and 5 CFR 630.308. Therefore, annual leave forfeited at the end of a leave year as a result of the national emergency will be restored under 5 U.S.C. 6304 and placed in a separate restored leave account. Time Limit for Use of Restored Leave Under the current § 630.306, all restored annual leave must be scheduled and used not later than the end of the leave year ending 2 years after the termination date of the exigency of the public business—i.e., the end of the national emergency or transfer of the employee to another position that is not considered essential. Employees with large restored annual leave accounts or employees remaining in positions performing work that is essential to the national emergency for an extended period of time may accrue large amounts of annual leave in their accounts. Under the current regulations, the affected employees would have to schedule and use all of the restored leave by the end of the leave year ending 2 years after the termination date of the exigency of the public business. As a result, employing agencies would have to deal with the consequence of employees using sizeable amounts of leave within 2 to 3 years after the end of the national emergency. At the same time, annual leave that accrues during that 2- to 3-year period would routinely create a “use or lose” situation. To help alleviate this situation, we are providing that leave which is restored as a result of the exigency caused by the national emergency will have the same time limits for restoration as are currently used for Department of Defense employees in installations undergoing closure or realignment. (See 5 CFR 630.306(b).) A full-time employee will be required to schedule and use excess annual leave of 416 hours or less by the end of the leave year in progress 2 years after the date the employee is no longer subject to the exigency of the public business created by the national emergency. The agency will extend that period by 1 leave year for each additional 208 hours of excess annual leave or any portion thereof. A part-time employee will be required to schedule and use excess annual leave in an amount equal to or less than 20 percent of the number of hours in the employee's scheduled annual tour of duty by the end of the leave year in progress 2 years after the date the employee is no longer subject to the exigency. The agency will extend this period by 1 leave year for each additional number of hours of excess annual leave, or any portion thereof, equal to 10 percent of the number of hours in the employee's scheduled annual tour of duty. Treatment of Current Restored Leave Accounts Some employees currently involved in the exigency created by the national emergency have an “active” restored leave account— *i.e.* , an account of restored annual leave that was established under other conditions permitting restoration of annual leave under 5 U.S.C. 6304(d). Since there is no authority to restore previously restored annual leave, employees (and agencies) have little option but to use (or permit the use of) the leave in the “active” restored leave account to avoid the forfeiture of annual leave, even though the employees are needed for critical projects in connection with the national emergency. The interim regulations at § 630.311(d) will alleviate this problem because the time limitation for using active restored annual leave will be canceled for the entire period during which employees' services are determined to be essential for activities associated with the national emergency. At the end of the national emergency, a new time limit will be established under § 630.311(c) for using all restored leave available to the employee under 5 U.S.C. 6304(d). Employees Who Transfer to Another Position As noted earlier, § 630.308 currently requires that before forfeited leave may be considered for restoration, the leave must have been scheduled in writing before the start of the third biweekly pay period prior to the end of the leave year. We are concerned about the possible consequences of requiring advance scheduling for an employee who transfers from a position deemed necessary for the national emergency to another position during the latter portion of a leave year. It is possible that such employees would have leave in excess of the maximum limitation, but would still be unable to schedule it. Therefore, the interim regulations at § 630.310(e) will allow an agency to consider restoration of annual leave forfeited at the end of the leave year to an employee whose involvement in the national emergency ends during the leave year if the agency determines that there is a correlation between the lack of advance scheduling and the duties of the employee's former position. OPM believes such annual leave may be considered for restoration. Section 630.311(e) requires affected employees to make a reasonable effort to comply with the advance scheduling requirement in § 630.308(a). However, the head of an agency may exempt an employee from the advance scheduling requirement if the employee can show that he or she was involved in activities necessary to the national emergency during the leave year and was unable to comply with the scheduling requirement due to circumstances beyond his or her control. Since the agency may determine that there was sufficient time for the employee to schedule and use annual leave before the end of the leave year, this provision does not guarantee that excess annual leave will be restored. Waiver of Notice of Proposed Rule Making and Delay in Effective Date In order to give practical effect to these regulations, I find that good cause exists to waive the general notice of proposed rulemaking pursuant to 5 U.S.C. 553(b)(3)(B). Also, I find that good cause exists for making this rule effective in less than 30 days. The delay in the effective date is being waived to give affected employees the benefit of these new provisions as quickly as possible. 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 affect only Federal agencies and employees. E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. List of Subjects in 5 CFR Part 630 Government employees. Office of Personnel Management. Kay Coles James, Director. Accordingly, OPM is amending part 630 of title 5 of the Code of Federal Regulations as follows: PART 630—ABSENCE AND LEAVE 1. The authority citation for part 630 continues to read as follows: Authority: 5 U.S.C. 6311; Sec. 630.301 also issued under Pub. L. 103-356, 108 Stat. 3410; Sec. 630.303 also issued under 5 U.S.C. 6133(a); Secs. 630.306 and 630.308 also issued under 5 U.S.C. 6304(d)(3), Pub. L. 102-484, 106 Stat. 2722, and Pub. L. 103-337, 108 Stat. 2663; subpart D also issued under Pub. L. 103-329, 108 Stat. 2423; Sec. 630.501 and subpart F also issued under E.O. 11228, 30 FR 7739, 3 CFR, 1974 Comp., p. 163; subpart G also issued under 5 U.S.C. 6305; subpart H also issued under 5 U.S.C. 6326; subpart I also issued under 5 U.S.C. 6332, Pub. L. 100-566, 102 Stat. 2834, and Pub. L. 103-103, 107 Stat. 1022; subpart J also issued under 5 U.S.C. 6362, Pub. L 100-566, and Pub. L. 103-103; subpart K also issued under Pub. L. 105-18, 111 Stat. 158; subpart L also issued under 5 U.S.C. 6387 and Pub. L. 103-3, 107 Stat. 23; and subpart M also issued under 5 U.S.C. 6391 and Pub. L. 102-25, 105 Stat. 92. Subpart C—Annual Leave 2.In § 630.308, paragraph

(a)is revised to read as follows: § 630.308 Scheduling of annual leave.

(a)Except as provided in paragraph

(b)of this section and §§ 630.310 and 630.311, before annual leave forfeited under 5 U.S.C. 6304 may be considered for restoration under that section, use of the annual leave must have been scheduled in writing before the start of the third biweekly pay period prior to the end of the leave year. 3. A new § 630.311 is added to read as follows: § 630.311 Scheduling of annual leave by employees determined necessary to respond to the “National Emergency by Reason of Certain Terrorist Attacks.”

(a)The “National Emergency by Reason of Certain Terrorist Attacks” (Presidential Proclamation of September 14, 2001) is deemed to be an exigency of the public business for the purpose of restoring annual leave forfeited under 5 U.S.C. 6304.

(b)For any employee who forfeits annual leave under 5 U.S.C. 6304 at the beginning of a leave year because the agency determined the employee's services were required in response to the national emergency, the forfeited annual leave is deemed to have been scheduled in advance for the purpose of 5 U.S.C. 6304(d)(1)(B) and § 630.308.

(c)Annual leave restored under 5 U.S.C. 6304(d) because of the national emergency must be scheduled and used within the time limits prescribed in paragraphs (c)(1) and (c)(2) of this section:

(1)A full-time employee must schedule and use excess annual leave of 416 hours or less by the end of the leave year in progress 2 years after the date the employee's services are no longer required by the national emergency. The agency must extend this period by 1 leave year for each additional 208 hours of excess annual leave or any portion thereof.

(2)A part-time employee must schedule and use excess annual leave in an amount equal to or less than 20 percent of the number of hours in the employee's scheduled annual tour of duty by the end of the leave year in progress 2 years after the date the employee's services are no longer required by the national emergency. The agency must extend this period by 1 leave year for each additional number of hours of excess annual leave, or any portion thereof, equal to 10 percent of the number of hours in the employee's scheduled annual tour of duty.

(d)The time limits established under paragraphs (c)(1) and (c)(2) of this section for using restored annual leave accounts do not apply for the entire period during which an employee's services are required for the national emergency. When coverage under paragraphs

(a)and

(b)of this section ends, a new time limit will be established under paragraph

(c)of this section for all annual leave restored to an employee under 5 U.S.C. 6304(d).

(e)An employee whose services were determined essential during the national emergency, but who subsequently moves to a position not considered essential, must make a reasonable effort to comply with the scheduling requirement in § 630.308(a). The head of the agency or his or her designee may exempt such an employee from the advance scheduling requirement in § 630.308(a) if coverage under paragraphs

(a)and

(b)of this section terminated during the leave year and the employee can demonstrate that he or she was unable to comply with the advance scheduling requirement due to circumstances beyond his or her control. [FR Doc. 01-27518 Filed 11-1-01; 8:45 am]

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