Unknown. Interim rule and request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2001-12-11.xml --- 66 238 Tuesday, December 11, 2001 Contents Agricultural Agricultural Marketing Service NOTICES Agency information collection activities: Proposed collection; comment request, 64015 01-30500 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products:

Bovine spongiform encephalopathy; disease status change Germany, Italy, and Spain, 63911-63912 01-30599 San Marino, Andorra, and Monaco, 63910-63911 01-30601 Foot-and-mouth disease; disease status change— Argentina, 63911 01-30602 Interstate transportation of animals and animal products (quarantine): Brucellosis in cattle and bison— State and area classifications, 63910 01-30600 Army Army Department NOTICES Privacy Act: Systems of records, 64023-64026 01-30494 Commerce Commerce Department See Economic Analysis Bureau 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:

China, 64022-64023 01-30662 Copyright Copyright Office, Library of Congress RULES Copyright office and procedures: Disruption or suspension of postal or other transportation or communications services, 63920 01-30603 Defense Defense Department See Army Department NOTICES Meetings: Science Board, 64023 01-30493 Economic Economic Analysis Bureau RULES International services surveys: BE-20; benchmark survey of selected services transactions with unaffiliated foreign persons, 63918-63920 01-30508 BE-48; annual survey of reinsurance and other insurance transactions by U.S. insurance companies with foreign persons, 63916-63918 01-30509 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air programs; approval and promulgation;

State plans for designated facilities and pollutants: Vermont, 63938-63940 01-30583 Air quality implementation plans; approval and promulgation; various States: Connecticut, 63921-63938 01-30458 Toxic substances: Significant new uses— Polymer of substituted aryl olefin, etc., 63941-63942 01-30594 PROPOSED RULES Air programs; approval and promulgation; State plans for designated facilities and pollutants: Vermont, 63985-63986 01-30584 Air quality implementation plans; approval and promulgation; various States:

Georgia, 63972-63985 01-30587 01-30588 NOTICES Air pollution control: State operating permits programs— Indiana, 64039-64041 01-30452 Michigan, 64038-64039 01-30451 Air programs: Federal Nitrogen Oxide Budget Trading Program— Applicability determinations, 64041 01-30585 Air quality; prevention of significant deterioration (PSD): Permit determinations, etc.— DPL Energy Montpelier Electric Generating Station, IN, 64041-64042 01-30593 Grants and cooperative agreements; availability, etc.:

Tribal Open Dump Cleanup Project, 64042 01-30589 Superfund; response and remedial actions, proposed settlements, etc.: Cape Fear Wood Preserving Site, NC, 64042-64043 01-30592 Crestline Contaminated Wells Site, NC, 64043 01-30591 Ramapo Landfill Site, NY, 64043 01-30590 Water pollution control: Total maximum daily loads— Mermentau and Vermilion/Tech river basins, LA; determinations that TMDLs are not needed, 64043-64044 01-30586 FAA Federal Aviation Administration RULES Airworthiness directives:

Bell, 63912-63913 01-30498 Cirrus Design Corp., 63913-63915 01-30423 Enstrom Helicopter Corp., 63915-63916 01-30499 FBI Federal Bureau of Investigation NOTICES Meetings: National Crime Prevention and Privacy Compact Council, 64061-64062 01-30536 FCC Federal Communications Commission PROPOSED RULES Radio broadcasting: Multiple ownership of radio broadcast stations in local markets; rules and policies and radio markets definition, 63986-64000 01-30526 01-30527 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

LG&E Power Inc. et al., 64035-64037 01-30548 Meetings: Sierra National Forest; Big Creek No. 4 Project; teleconference, 64037 01-30553 *Applications, hearings, determinations, etc.:* Chandeleur Pipe Line Co., 64026 01-30566 Columbia Gulf Transmission Co., 64026-64027 01-30559 Decatur Energy Center, LLC, et al., 64027 01-30554 Enbridge Pipelines (KPC), 64027 01-30565 Equitrans, L.P., 64027-64028 01-30561 Florida Gas Transmission Co., 64028-64029 01-30560 01-30563 01-30572 Indianapolis Power & Light Co., 64029 01-30550 International Transmission Co. et al., 64029-64030 01-30552 Kern River Gas Transmission Co., 64030 01-30571 Midwestern Gas Transmission Co., 01-30562 64030-64031 01-30564 Nevada Power Co. et al., 64031 01-30551 Northern Natural Gas Co., 01-30556 64031-64032 01-30558 Northwest Pipeline Corp., 64032 01-30568 Portland General Electric Co., 64032 01-30549 Questar Pipeline Co., 64032-64033 01-30555 Southern Natural Gas Co., 01-30573 01-30574 64033-64034 01-30575 Transwestern Pipeline Co., 64034 01-30557 Williams Gas Pipelines Central, Inc., 64034 01-30567 Williston Basin Interstate Pipeline Co., 64035 01-30569 01-30570 Federal Railroad Federal Railroad Administration RULES U.S. rail operations;

U.S. locational requirement for dispatching, 63942-63963 01-30185 PROPOSED RULES Alcohol and drug use control: Random testing and other requirements application to employees of foreign railroad based outside U.S. and perform train or dispatching service in U.S., 64000-64014 01-30184 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 64044 01-30511 Formations, acquisitions, and mergers, 64044-64045 01-30512 Permissible nonbanking activities, 64045 01-30510 Meetings;

Sunshine Act, 64045 01-30663 Food Food and Drug Administration NOTICES Reports and guidance documents; availability, etc.: Dose-counting mechanisms integration into metered-dose inhaler drug products, 64045-64046 01-30491 Potassium iodide use as thyroid blocking agent in radiation emergencies, 64046-64047 01-30492 Forest Forest Service NOTICES Environmental statements; notice of intent: Boise National Forest, ID, 64016-64017 01-30532 Sawtooth National Forest, ID, 64017 01-30528 Health Health and Human Services Department See Food and Drug Administration See National Institutes of Health Indian Indian Affairs Bureau NOTICES Meetings:

Indian trust asset management; tribal consultation, 64054 01-30734 Indian Indian Trust Transition Office NOTICES Meetings: Indian trust asset management; tribal consultation, 64054 01-30734 Interior Interior Department See Indian Affairs Bureau See Indian Trust Transition Office See Land Management Bureau See Special Trustee for American Indians Office See Surface Mining Reclamation and Enforcement Office NOTICES Meetings: Indian trust asset management; tribal consultation, 64054 01-30734 IRS Internal Revenue Service RULES Income taxes:

Cafeteria plans operation; effect of Family and Medical Leave Act Correction, 63920 01-30621 Procedure and administration: Unified partnership audit procedures Correction, 64076 C1-24517 NOTICES Agency information collection activities: Proposed collection; comment request, 64071-64072 01-30622 International International Trade Administration NOTICES Antidumping: Stainless steel plate in coils from- Korea, 64017-64019 01-30605 01-30606 Countervailing duties: Industrial phosphoric acid from— Israel, 64019-64022 01-30604 *Applications, hearings, determinations, etc.:* Massachusetts Institute of Technology, 64019 01-30607 International International Trade Commission NOTICES Import investigations:

Film and television productions from— Canada, 64057-64058 01-30507 HSP modems, software and hardware components, and products containing same, 64058-64061 01-30506 Integrated circuits, processes for making same, and products containing same, 64061 01-30505 Justice Justice Department See Federal Bureau of Investigation Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.: Wyoming, 64054-64055 01-30533 Committees; establishment, renewal, termination, etc.:

Utah Resource Advisory Council, 64055-64056 01-30614 Environmental statements; availability, etc.: Plaquemines Parish, LA; South Pass and Southwest Pass near Mississippi River mouth; oil and gas exploration and development, 64056 01-30497 Meetings: Resource Advisory Councils— Dakotas, 64057 01-30617 Northeast California, 64056 01-30615 Northeastern Great Basin, 64057 01-30618 Northwest California, 64057 01-30616 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Texas A&M University, 64063 01-30490 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 64063 01-30625 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards: Defect and noncompliance— Manufacturer's remedy program; acceleration, 64086-64093 01-30488 Reimbursement prior to recall, 64077-64087 01-30487 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 64047 01-30515 Meetings:

National Cancer Institute, 64047-64048 01-30520 National Institute of Child Health and Human Development, 01-30522 64049-64050 01-30523 National Institute of Diabetes and Digestive and Kidney Diseases, 64049 01-30521 National Institute of General Medical Sciences, 01-30517 64048-64049 01-30518 National Institute of Neurological Disorders and Stroke, 64048 01-30516 Scientific Review Center, 01-30519 64050-64051 01-30524 01-30525 Recombinant DNA molecules research: Actions under guidelines, 64051-64052 01-30513 Proposed, 64052-64054 01-30514 NOAA National Oceanic and Atmospheric Administration NOTICES Permits:

Marine mammals, 64022 01-30598 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitions.: Nuclear Energy Institute; denied, 63964-63968 01-30611 NOTICES Environmental statements; availability, etc.: Calvert Cliffs Nuclear Power Plant, Inc., 64063-64064 01-30609 International Uranium

(USA)Corp., 64064-64066 01-30610 Meetings; Sunshine Act, 64066 01-30733 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities: Proposed collection; comment request, 64062-64063 01-30577 Personnel Personnel Management Office RULES Employment: Agency vacancy announcements; reasonable accommodation statement requirement, 63905-63906 01-30531 Pay administration: Administrative appeals judge positions; new pay system, 63906-63909 01-30530 Public Public Health Service See Food and Drug Administration See National Institutes of Health SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Chicago Stock Exchange, Inc., 64066-64068 01-30503 New York Stock Exchange, Inc., 64068-64069 01-30504 Philadelphia Stock Exchange, Inc., 64069-64070 01-30502 Special Special Trustee for American Indians Office NOTICES Meetings: Indian trust asset management; tribal consultation, 64054 01-30734 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Oklahoma, 63968-63972 01-30578 Surface Surface Transportation Board NOTICES Railroad services abandonment: Norfolk Southern Railway Co., 64070-64071 01-30608 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Privacy Act: System of records, 64072-64075 01-30613 Separate Parts In This Issue Part II Transportation Department, National Highway Traffic Safety Administration, 64077-64093 01-30487 01-30488 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. 66 238 Tuesday, December 11, 2001 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 302, 317, 330, 333, and 335 RIN 3206-AJ11 Reasonable Accomodation Requirements in Vacancy Announcements AGENCY: Office of Personnel Management. ACTION: Interim rule and request for comments. SUMMARY: The Office of Personnel Management

(OPM)is issuing this interim regulation to require a reasonable accommodation statement in agency vacancy announcements. The intent of this action is to provide language that agencies can use or modify to inform applicants with disabilities that agencies offer reasonable accommodation. DATES: These regulations are effective January 10, 2002. Comments must be received on or before February 11, 2002. ADDRESSES: Send written comments to Ellen E. Tunstall, Assistant Director for Employment Policy, Office of Personnel Management, Room 6500, 1900 E Street NW. Washington, DC 20415-9500. FOR FURTHER INFORMATION CONTACT: Linda Watson (Parts 302, 330, 333, and 335), 202-606-1252, Jacqueline Yeatman (Part 330, subpart G), 202-606-2786; or Marcia Staten (Part 317), 202-606-1832. SUPPLEMENTARY INFORMATION: Background Reasonable accommodation is an adjustment or alteration that enables people with disabilities to apply for jobs, to gain access to the work environment, to perform job duties, or to enjoy the benefits and privileges of employment. Routinely, agencies provide services, establish active recruitment programs and use selective placement appointment authorities that focus on people with disabilities. Section 501 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in Federal employment. The law requires Federal employers to develop and implement affirmative action programs that promote the hiring, placement, and advancement of people with disabilities. It encourages employers to hire people with disabilities in all grade levels and occupational series according to the qualifications for the job and to provide reasonable accommodation when appropriate. Executive Order 13078, dated March 13, 1998, established the National Task Force on Employment of Adults with Disabilities. The Task Force received the assignment of creating and coordinating an aggressive national policy to bring adults with disabilities into gainful employment at a rate as close as possible to that of the general adult population. To accomplish this the Task Force established a Federal Personnel Review Workgroup comprised of representatives from 11 different Federal agencies. The Workgroup found that vacancy announcements and other recruiting materials of most Federal agencies did not include a reasonable accommodation statement. The Workgroup recommended that OPM and the Equal Employment Opportunity Commission work together in developing reasonable accommodation language for vacancy announcements and revise regulations to require all Federal agencies to include a reasonable accommodation statement in vacancy announcements. OPM issued a memorandum on March 2, 2000, instructing Federal agencies to include a reasonable accommodation statement on all future vacancy announcements. Executive Order 13164, dated July 26, 2000, requires Federal agencies to establish procedures for reasonable accommodation. This interim rule includes minor changes to vacancy announcements in the excepted service, Senior Executive Service, and competitive service, including temporary and term positions, covered under 5 CFR Parts 302, 317, 330, and 333. This interim rule includes guidance for including reasonable accommodation language in Federal vacancy announcements. The revision of 5 CFR Part 330, subpart G adds “Reasonable accommodation statement” to the list of items that must be included in all vacancy announcements published on USAJOBS as required under 5 CFR 330.707. This change supports the requirement for specific information on the vacancy announcement and establishes consistency in the information USAJOBS provides to applicants about vacancies. OPM's authority to require specific items in vacancy announcements for competitive service positions is title 5 U.S.C. 3330. The revision to 5 CFR 335 updates the reference to reflect changes caused by the revision of 5 CFR 330, subpart G. Recommended Reasonable Accommodation Statement OPM recommends use of the following language in all future job announcements. “This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.” Modification of the Reasonable Accommodation Statement Agencies may use wording of their choice that conveys the availability of reasonable accommodation. The statement must not list any specific type of medical condition or physical impairment as appropriate for a reasonable accommodation request. Processing Reasonable Accommodation Requests Agencies should designate an individual as a contact for reasonable accommodation requests. The contact must have sufficient knowledge about the agency's internal procedures for reasonable accommodation requests to prevent misinforming or frustrating the applicant with disabilities. OPM suggests that agencies include a general phone number, a TDD number, or email address for the contact. Pursuant to Executive Order 13164, dated July 26, 2000, agencies are required to develop their own procedures for processing reasonable accommodation requests. These instructions should be in writing to provide for consistency. Waiver of Notice of Proposed Rulemaking In accordance with section 553(b)(3)(B) of title 5 of the U.S. Code, I find that good cause exists for waiving the general notice of proposed rulemaking. An opportunity for public comment prior to issuing this rule is unnecessary and contrary to the public interest. In developing this regulation, OPM worked extensively with affected stakeholders. Regulatory Flexibility Act I certify that these regulations would not have significant economic impact on a substantial number of small entities because they would only apply to Federal agencies and employees. Executive Order 12866, Regulatory Review This interim rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. List of Subjects in 5 CFR Parts 302, 317, 330, 333, and 335 Armed forces reserves, Government employees, Individuals with disabilities. U.S. Office of Personnel Management. Kay Coles James, Director. Accordingly, OPM is amending parts 302, 317, 330, 333, and 335 of title 5 of the Code of Federal Regulations as follows: PART 302—EMPLOYMENT IN THE EXCEPTED SERVICE 1. The authority citation in part 302 continues to read as follows: Authority: 5 U.S.C. 1302, 3301, 3302, 8151, E.O. 10577 (3 CFR 1954-1958 Comp., p. 218); § 302.105 also issued under 5 U.S.C. 1104, Pub. L. 95-454, sec. 3(5); § 302.501 also issued under 5 U.S.C. 7701 *et seq.* 2. In subpart A § 302.106 is added to read as follows: Subpart A—General Provisions § 302.106 Vacancy Announcements. When an agency announces a vacancy in the excepted service, the announcement must contain a reasonable accommodation statement that complies with requirements in § 330.707 of subpart G of this chapter. PART 317—EMPLOYMENT IN THE SENIOR EXECUTIVE SERVICE 3. The authority citation in part 317 is revised to read as follows: Authority: 5 U.S.C. 3392, 3393, 3393a, 3395, 3397, 3593, 3595 and 3596. 4. In § 317.501, paragraph (b)(2) is revised to read as follows: Subpart E—Career Appointments § 317.501 Recruitment and selection for initial SES career appointment be achieved from the brightest and most diverse pool possible.

(b)***

(2)Before an agency can fill an SES vacancy by career appointment, it must post a vacancy announcement in USAJOBS for at least 14 calendar days, including the date of publication. Each agency's SES vacancy announcement must comply with criteria in § 330.707 of subpart G of this chapter. PART 330—RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL) 5. The authority citation for part 330 is revised to read as follows: Authority: 5 U.S.C. 1302, 3301, 3302, 3327 and 3330; E.O. 10577, 3 CFR 1954-58 Comp., p.218. Section 330.102 also issued under 5 U.S.C. 3327. Subpart B also issued under 5 U.S.C. 3315 and 8151. Section 330.401 also issued under 5 U.S.C. 3310. Subpart G also issued under 5 U.S.C. 8337(h) and 8456(b). Subpart K also issued under sec. 11203 of Pub. L. 105-33, 111 Stat. 738 and Pub. L. 105-274, 112 Stat. 2424. Subpart L also issued under sec.1232 of Pub. L. 96-70, 93 Stat. 452. Subpart G—Interagency Career Transition Assistance Plan for Displaced Employees 6. In § 330.707, paragraph (b)(14) is added to read as follows: § 330.707 Reporting vacancies to OPM. (b)***

(14)Reasonable accommodation statement.

(i)An agency may use wording of its choice that conveys the availability of reasonable accommodation. An agency must not list types of medical conditions or impairments as appropriate for accommodation, and must keep the wording simple.

(ii)We recommend using the following statement: “This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.” PART 333—RECRUITMENT AND SELECTION FOR TEMPORARY AND TERM APPOINTMENTS OUTSIDE THE REGISTER 7. The authority citation for part 333 continues to read as follows: Authority: 5 U.S.C. 1302, 3301, 3302, 3327, 3330; E.O. 10577, 3 CFR 1954-58 Comp., p. 218; section 333.203 also issued under 5 U.S.C. 1104. 8. Section 333.102 is revised to read as follows: § 333.102 Notice of job announcements to OPM. Under 5 U.S.C. 3327, and 3330, agencies are required to report job announcements to OPM when recruiting outside the register. This requirement is implemented through § 330.707 of subpart G of this chapter. PART 335—PROMOTION AND INTERNAL PLACEMENT 9. The authority citation in part 335 continues to read as follows: Authority: 5 U.S.C. 3301, 3302, 3304(f), 3330; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; and Pub. L. 106-117. 10. Section 335.105 is revised to read as follows: § 335.105 Notice of job announcements to OPM. Under 5 U.S.C. 3330, agencies are required to report job announcements to OPM for vacancies for which an agency will accept applications from outside the agency's work force. This requirement is implemented through § 330.707 of subpart G of this chapter. [FR Doc. 01-30531 Filed 12-10-01; 8:45 am]

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