Unknown. Final rule

4,598 words·~21 min read·/register/2001/12/28/01-31901

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-2001-12-28.xml --- 66 249 Friday, December 28, 2001 Contents Agricultural Agricultural Marketing Service RULES Pork promotion, research, and consumer information order, 67071-67073 01-32003 NOTICES Meetings: Microbiological Data Program, 67168-67169 01-31967 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Foreign Agricultural Service See Forest Service NOTICES Tariff-rate quotes:

Canada; North American Free Trade Agreement (NAFTA); fresh fruit and vegetable import special provisions, 67168 01-31949 Animal Animal and Plant Health Inspection Service RULES Plant protection and Quarantine Treatment Manual; incorporation by reference: Limes; hot water treatment, 67071 01-31945 PROPOSED RULES Plant-related quarantine, foreign: Nursery stock regulations; update, 67123-67134 01-31602 NOTICES Environmental statements; availability, etc.: Avian encephalomyelitis-fowl pox-mycoplasma gallisepticum vaccine; field testing, 67169-67170 01-31946 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Census Census Bureau NOTICES Agency information collection activities:

Proposed collection; comment request, 67178-67182 01-31852 01-31856 01-31857 Centers Centers for Disease Control and Prevention PROPOSED RULES Standards and certification: Laboratory requirements— Medicare, medicaid and CLIA programs; qualification requirements for laboratory director performing high complexity texting, 67163-67165 01-31722 Centers Centers for Medicare & Medicaid Services RULES Standards and certification: Medicare and Medicaid programs; emergency recertification for Organ Procurement Organizations

(OPOs)coverage, 67109-67111 01-31724 PROPOSED RULES Standards and certification: Laboratory requirements— Medicare, medicaid, and CLIA programs; Qualification requirements for laboratory directors performing high complexity testing, 67163-67165 01-31722 NOTICES Medicare: Evaluating intermediary, carrier, and durable medical equipment, prosthetics, orthotics, and supplies (FY 2002); criteria and standards, 67257-67266 01-31720 Medigap high deductible options (CY 2002); deductible amount, 67266-67267 01-31721 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.: Early Head Start; correction, 67267-67268 01-31884 Commerce Commerce Department See Census Bureau See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Bahrain, 67229 01-31888 China, 67229-67232 01-31860 Hong Kong, 67232 01-31889 Taiwan, 67232-67234 01-31859 Economic Economic Development Administration NOTICES Trade adjustment assistance eligibility determination petitions: Elessar Enterprises, Inc. et al., 67182-67183 01-31905 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 67234-67235 01-32024 Employment Employment Standards Administration NOTICES Agency information collection activities: Proposed collection; comment request, 67319 01-31963 Proposed collection; comment request; correction, 67318-67319, 67367 C1-31212 01-31962 Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 67319-67321 01-31950 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Environmental statements; notice of intent: Mercer Ranch Power Project, WA, 67235-67236 01-31920 Patent licenses; non-exclusive, exclusive, or partially exclusive: Woodward Industrial Controls of Fort Collins, CO, 67236-67237 01-31921 EPA Environmental Protection Agency RULES Air programs: Fuel and fuel additives— Reformulated and conventional gasoline; standards and requirements modifications, 67098-67108 01-31935 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Various States, 67096-67098 01-31943 Hazardous waste: Solid waste disposal facilities and municipal solid waste landfills; residential lead-based paint waste disposal, 67108 01-31798 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Various States, 67152 01-31944 Hazardous waste: Project XL program; site-specific projects— Maplewood and King George Landfills; VA, 67152-67162 01-31939 NOTICES Agency information collection activities: Proposed collection; comment request, 67245-67246 01-31941 Meetings: Preliminary organophosphate pesticide cumulative risk assessment technical briefing, 67246-67247 01-31937 Science Advisory Board, 67247-67249 01-31940 Pesticide programs: Organophosphorous, preliminary cumulative risk assessment; comment request, 67249-67250 01-31938 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives: Hamilton Sundstrand, 67074-67076 01-31328 FCC Federal Communications Commission RULES Common carrier services: Federal-State Joint Board on Universal Service— Schools and libraries, internet connections; Alaska; denial of waiver request, 67112-67114 01-31868 Removal of references to non-existent CFR sections, 67111-67112 01-31865 Telecommunications relay services; 711 dialing for nationwide access; correction, 67114 01-31867 Television broadcasting: Cable television systems— Multichannel video and cable television service; 1998 biennial review, 67115-67117 01-31869 PROPOSED RULES Common carrier services: Federal-State Joint Board on Universal Service— Non-price cap incumbent local exchange carriers and interexchange carriers; interstate services; Multi-Association Group regulatory plan; extension, 67165 01-31864 NOTICES Agency information collection activities: Proposed collection; comment request, 67250-67251 01-31863 Submission for OMB review; comment request, 67251-67252 01-31862 Meetings: 2003 World Radiocommunication Conference Advisory Committee, 67252 01-31866 Rulemaking proceedings; petitions filed, granted, denied, etc., 67252 01-31861 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act): Electronic filing of Form No. 423, 67076-67078 01-32006 PROPOSED RULES Electric utilities (Federal Power Act): Public utility filing requirements, 67134-67151 01-32005 NOTICES Electric rate and corporate regulation filings: Engage Energy America LLC, et al., 67240-67244 01-32001 Meetings: El Dorado Irrigation District, 67244 01-31993 Practice and procedure: Electronic filing and public access to information, 67245 01-31997 *Applications, hearings, determinations, etc.:* Dynegy Power Marketing, Inc., et al., 67237 01-31991 El Paso Natural Gas Co., 67237-67238 01-31998 01-31999 Gulf South Pipeline Co., L.P., 67238 01-31996 KN Wattenberg Transmission L.L.C., 67238 01-31994 New York State Electric & Gas Corp., 67239 01-31992 Northern Natural Gas Co., 67239 01-31995 Southern LNG Inc., 67239 01-31990 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Placentia and Anaheim, Orange County, CA, 67350 01-31904 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 67252-67253 01-31953 Federal Reserve Federal Reserve System RULES Risk-based capital: Adequacy guidelines, maintenance, recourse treatment, direct credit substitutes and residual interests in asset securitizations; correction, 67074 01-31887 NOTICES Banks and bank holding companies: Change in bank control, 67253 01-31876 Formations, acquisitions, and mergers, 67253-67254 01-31875 FTC Federal Trade Commission NOTICES Disgorgement as remedy for violations of Hart-Scott-Rodino Act, FTC Act, and Clayton Act; comment request, 67254-67255 01-31885 Prohibited trade practices: INA-Holding Schaeffler KG, et al., 67255-67256 01-31912 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Interest rates: Renegotiation Board and prompt payment rates, 67366 01-31893 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designation— Piping plover; northern Great Plains breeding population, 67165-67166 01-31586 NOTICES Endangered and threatened species: Rio Grande Cutthroat Trout, 67289-67290 01-31911 Environmental statements; availability, etc.: 10 inch normal pipeline for transportation of industral gas, Bayport, TX, 67290 01-31858 Incidental take permits— Baldwin County, AL; beach mouse etc., 67290-67292 01-31907 Northwestern San Diego County, CA; multiple habitat conservation program plan, 67292-67294 01-31199 Food Food and Drug Administration PROPOSED RULES Animal drugs, feeds, and related products: Imported food products of animal origin; drug residue tolerances Correction, 67152 01-31877 NOTICES Meetings: Cardiovascular and Renal Drugs Advisory Committee, 67268 01-31879 Pulmonary-Allergy Drugs Advisory Committee, 67268-67269 01-31878 Food Food Safety and Inspection Service NOTICES Meetings: Codex Alimentarius Commission— Food Import and Export Inspection and Certification Systems Committee, 67170-67171 01-31947 MISSING FOR: Foreign Agricultural Service Foreign Agricultural Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 67171-67172 01-31948 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES Harmonized Tariff Schedule modifications; effect on orders; scope determination, 67183-67184 01-31983 *Applications, hearings, determinations, etc.:* Georgia, 67183 01-31984 Puerto Rico IPR Pharmaceuticals, Inc.; manufacturing facility, 67183 01-31985 Forest Forest Service NOTICES Environmental statements; notice of intent: Eldorado National Forest, CA; Star Fire restoration, 67172-67173 01-31906 Hiawatha National Forest, MI, 67173-67175 01-31894 Modoc National Forest, CA, 67175-67177 01-31910 Meetings: Deschutes Provincial Advisory Committee, 67177 01-31909 Forest Counties Payments Committee, 67177 01-31873 Ravalli County Resource Advisory Committee, 67177-67178 01-31908 San Benardino National Forest; withdrawal and reservation of lands; mineral location and entry, 67178 01-31972 GSA General Services Administration NOTICES Federal buildings and space: John M. Shaw U.S. Courthouse; designation of park on federal grounds, 67256-67257 01-31883 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 Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 67269 01-31898 Submission for OMB review; comment request, 67269-67270 01-31880 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Proposed collection; comment request, 67270-67288 01-31853 01-31881 Reporting and recordkeeping requirements, 67288 01-31882 Grants and cooperative agreements; availability, etc.: Faclities to assist the homeless— Excess and surplus Federal property, 67288-67289 01-31854 Immigration Immigration and Naturalization Service NOTICES Immigration: Memorandum of understanding for mitigation of fines; transportion of passengers without passports or visas; extension period, 67318 01-31913 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes: Stock and other personal property disposition; recognized loss allocation and foreign tax credit limitation computation, 67081-67086 01-31819 International International Trade Administration NOTICES Agency information collection activities: Proposed collection; comment request, 67184 01-31845 Antidumping: Silicomanganese from— Venezuela, 67185 01-31982 Structural steel beams from— China, 67197-67202 01-31981 Germany, 67190-67197 01-31980 Italy, 67185-67189 01-31979 Russia, 67217-67223 01-31989 Spain, 67207-67213 01-31987 Taiwan, 67202-67207 01-31986 Structural steel beams from South Africa, 67213-67217 01-31988 Structural steel beams from Luxembourg, 67223-67228 01-32000 International International Trade Commission NOTICES Import investigations: Flooring products, 67302-67304 01-31978 Steel products— Hearings, 67304-67318 01-31794 Justice Justice Department See Immigration and Naturalization Service Labor Labor Department See Employment Standards Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Agency information collection activities: Submission for OMB review; comment request, 01-31933 67294-67295 01-31934 Maritime Maritime Administration NOTICES Meetings: Private International Law Advisory Committee, 67349 01-31971 Merchant Marine Act, 1936: Marine War Risk Insurance, 67350 01-32019 Mine Mine Safety and Health Administration NOTICES Mining products; testing, evaluation, and approval; user fee adjustments, 67321 01-31855 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 01-31955 67323-67325 01-31956 01-31957 01-31958 01-31960 01-31961 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel, 67325-67326 01-31874 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 01-32012 67351-67353 01-32013 01-32014 01-32015 Grants and cooperative agreements; availability, etc.: Commercial Motor Vehicle Crash Data Collection and Analysis Improvement, 67353-67355 01-32022 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Atlantic highly migratory species— Large coastal, small coastal, pelagic, blue, and porbeagle sharks, 67118-67121 01-31832 Northeastern United States fisheries— Atlantic bluefish, 67122 01-31966 PROPOSED RULES Meetings: New England Fishery Management Council, 67166-67167 01-31973 NOTICES Meetings: Pacific Fishery Management Council, 67228 01-31974 Permits: Foreign fishing, 67228-67229 01-31975 National Park National Park Service NOTICES Concession contracts and permits: Extension of expiring contracts for up to one year, 67295-67302 01-31890 01-31891 01-31892 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel casks; list, 67073-67074 01-31923 NOTICES Agency information collection activities: Proposed collection; comment request, 67326 01-31924 Domestic licensing proceedings and issuance of orders; practice rules: Public and environmental protection from catastrophic impact of terrorist attacks on nuclear power plants or spent fuel pools; compensatory measures, 67334-67335 01-31930 Environmental statements; notice of intent: Private Fuel Storage, L.L.C., 67335 01-31922 Reports and guidance documents; availability, etc.: Regulatory Guide Series, drafts; comment request, 67335-67336 01-31929 *Applications, hearings, determinations, etc.:* AmerGen Energy Co., LLC, 67326-67328 01-31932 Calvert Cliffs Nuclear Power Plant, Inc., 67328-67330 01-31931 Duke Energy Corp., 67330-67332 01-31925 01-31926 Duke Energy Corp., 67332-67333 01-31927 Exelon Generation Co., LCC, 67333-67334 01-31928 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities: Proposed collection; comment request, 67321-67323 01-31964 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office RULES Patent cases: Prior-filed applications; benefit claim under eighteen-month publication of patent applications; requirements, 67087-67096 01-31872 Personnel Personnel Management Office RULES Pay administration: Locality-based comparability payments, 67069-67070 01-31901 NOTICES Agency information collection activities: Proposed collection; comment request, 67336 01-31900 Meetings: Federal Prevailing Rate Advisory Committee, 67336 01-31902 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration Research Research and Special Programs Administration NOTICES Hazardous materials: Applications; exemptions, renewals, etc., 67355-67360 01-32016 Exemption applications delayed; list, 67360-67362 01-32017 Meetings: International Standards on the Transport of Dangerous Goods, 67362 01-32011 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— AXA Premier Funds Trust, et al., 67338-67341 01-31916 Robert W. Baird & Co., Inc., 67336-67338 01-31915 Securities Exchange Act: Broker-dealer exemption from sending financial information to customers— Securities Industry Assoc., 67341-67342 01-31918 Self-regulatory organizations; proposed rule changes: Municipal Securities Rulemaking Board, 67342-67346 01-31917 Pacific Exchange, Inc., 67346-67347 01-31871 SBA Small Business Administration NOTICES Interest rates; quarterly determinations, 67347 01-31951 Meetings; district and regional advisory councils: Maine District Advisory Council, 67347 01-31952 Social Social Security Administration RULES Supplemental security income: Aged, blind, and disabled— Recovery of overpayments; disclosure of information to consumer reporting agencies; modifications in regulations, 67078-67081 01-31897 Ticket to Work and Self-Sufficiency Program; implementation, 67369-67442 01-31567 NOTICES Disability determination procedures: Testing modifications— Disability claims process redesign prototype; test extension, 67347-67348 01-31895 Meetings: Ticket to Work and Work Incentives Advisory Panel, 67348 01-31896 Youth with disabilities in transition to adulthood, ways to support; request for suggestions, 67442-67443 01-31568 State State Department NOTICES Meetings: International Telecommunications Advisory Committee, 67348-67349 01-31970 Private International Law Advisory Committee, 67349 01-31971 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: West Virginia, 67445-67454 01-31612 PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: West Virginia, 67454-67457 01-31613 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: RailAmerica, Inc., 67362-67363 01-32008 01-32009 Railroad services abandonment: Burlington Northern & Santa Fe Railway Co., 67363-67364 01-31767 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Trade Policy Staff Committee: Steel imports; adjustment actions; comment request, 67349-67350 01-32002 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board See Transportation Statistics Bureau RULES Organization, functions, and authority delegations: Security, Transportation Security Administration; Under Secretary, 67117-67118 01-32021 Transportation Transportation Statistics Bureau NOTICES Reports of motor carriers: Exemption request— Aulick Leasing Corp, et al., 67364-67365 01-32023 Treasury Treasury Department See Fiscal Service See Internal Revenue Service RULES Currency and foreign transactions; financial reporting and recordkeeping requirements: Bank Secrecy Act; regulations— Suspicious transactions; reporting by transmitters, money order, and traveler's check issuers, sellers, and redeemers; reporting requirement guidance, 67086-67087 01-31851 PROPOSED RULES Counter money laundering requirements: Bank Secrecy Act; implementation— Foreign shell banks, correspondent accounts; and foreign banks, correspondent accounts recordkeeping and termination, 67459-67476 01-31849 NOTICES Agency information collection activities: Submission for OMB review; comment request, 67365-67366 01-31886 Separate Parts In This Issue Part II Social Security Administration, 67369-67443 01-31567 01-31568 Part III Interior Department, Surface Mining Reclamation and Enforcement Office, 67445-67457 01-31612 01-31613 Part IV Treasury Department, 67459-67476 01-31849 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. 66 249 Friday, December 28, 2001 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 531 RIN: 3206-AI81 Locality-Based Comparability Payments AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management is issuing final regulations to clarify and redefine the limitations on locality rates of pay for categories of non-General Schedule employees approved by the President's Pay Agent to receive locality-based comparability payments. This change was prompted by an Executive order that delegated the President's authority to establish such limitations to the President's Pay Agent. The final regulations will ensure that all employees receiving locality payments are treated consistently. EFFECTIVE DATE: This regulation is effective on December 28, 2001. FOR FURTHER INFORMATION CONTACT: Jeanne Jacobson,

(202)606-2858, FAX:

(202)606-0824, or e-mail: *payleave@opm.gov.* SUPPLEMENTARY INFORMATION: On March 24, 2000, the Office of Personnel Management

(OPM)published a proposed rule (65 FR 15875) to revise the locality pay regulations in subpart F of part 531 of title 5, Code of Federal Regulations. This proposed rule clarified and redefined the limitations on locality rates of pay for categories of non-General Schedule employees approved by the President's Pay Agent to receive locality payments. The proposed rule had a 60-day public comment period, during which OPM did not receive any formal comments. Therefore, we are adopting the proposed rule as final without change. Background Locality-based comparability payments are authorized under 5 U.S.C. 5304. By law, locality payments automatically apply to General Schedule

(GS)employees. The maximum rate of basic pay (excluding locality payments) for GS employees is the rate for GS-15, step 10, subject to a cap linked to the rate of pay for level V of the Executive Schedule. (See 5 U.S.C. 5303(f).) GS rates of basic pay adjusted by locality payments are capped at the rate of pay for level IV of the Executive Schedule. (See 5 U.S.C. 5304(g)(1).) The locality pay law provides that the President may extend locality payments to various groups outside the GS pay system, such as members of the Senior Executive Service (SES), administrative law judges (ALJs), and other groups for which basic pay is limited to no more than the rate of pay for level IV of the Executive Schedule. (See 5 U.S.C. 5304(h).) Executive Order 12883 of November 29, 1993, provided that the President's Pay Agent (the Secretary of Labor and the Directors of the Office of Management and Budget and the Office of Personnel Management) may act for the President in exercising the authority to extend locality payments to such non-GS groups. Section 5304(g)(2)(A) of title 5, United States Code, provides that locality rates approved for certain categories of non-GS employees specified in 5 U.S.C. 5304(h)(1)(A)-(E), including members of the SES and ALJs, are capped at the rate for level III of the Executive Schedule. Section 5304(g)(2)(B) of title 5, United States Code, provides that a level III locality pay cap applies to “any positions under subsection (h)(1)(F) which the President may determine.” Subsection (h)(1)(F) is a catch-all category of non-GS positions to which locality pay may be extended. This catch-all category includes Executive agency positions not otherwise listed in the law whose rates of basic pay are limited to not more than the rate for level IV of the Executive Schedule. Section 8 of Executive Order 13106 of December 7, 1998, delegated the President's authority under section 5304(g)(2)(B) of title 5, United States Code, to determine such limitations for categories of positions covered by 5 U.S.C. 5304(h)(1)(F) to the President's Pay Agent. Final Regulations These final regulations amend 5 CFR 531.604 by revising paragraph

(c)to clarify that a locality rate of pay may not exceed the rate for level III of the Executive Schedule for categories of positions specified in 5 U.S.C. 5304(h)(1)(A)-(E). This includes senior-level, SES, Federal Bureau of Investigation

(FBI)and Drug Enforcement Administration

(DEA)SES, administrative law judge, and contract appeals board positions. This final rule does not change the locality pay cap applicable to members of the SES and other categories of positions specified in 5 U.S.C. 5304(h)(1)(A)-(E). The final rule merely clarifies the level III locality pay cap prescribed in law at 5 U.S.C. 5304(g)(2)(A). The final rule also amends § 531.604 by revising paragraph

(c)to provide that, for categories of non-GS employees under 5 U.S.C. 5304(h)(1)(F) (i.e., the catch-all category of positions previously described), locality rates of pay may not exceed:

(1)The rate for level IV of the Executive Schedule, if the maximum scheduled annual rate of pay for such positions is less than or equal to the maximum payable scheduled annual rate of pay for GS-15, or

(2)The rate for level III of the Executive Schedule, if the maximum scheduled annual rate of pay for such positions exceeds the maximum payable scheduled annual rate of pay for GS-15, but is not more than the rate for level IV of the Executive Schedule. The final regulations include pay protection for any employee who otherwise would suffer a reduction in his or her locality rate of pay under the locality pay cap provisions. It is possible that the locality pay cap for a group of non-GS employees under 5 U.S.C. 5304(h)(1)(F) could be reduced from level III to level IV of the Executive Schedule as GS rates of basic pay increase. This could occur if the rate of basic pay for GS-15, step 10, becomes equal to or exceeds the maximum scheduled annual rate of pay for a non-GS group. To prevent reductions in pay that would otherwise occur, § 531.606(c)(3) of the final regulations limit an affected employee's locality pay cap to the higher of

(1)his or her locality rate on the day before the scheduled annual rate of pay for GS-15, step 10, becomes equal to or exceeds the maximum scheduled annual rate of pay for the group of non-GS employees or

(2)the rate for level IV of the Executive Schedule. This means that the employee's locality rate would be frozen until it is exceeded by the rate for level IV of the Executive Schedule. The final regulations add a new paragraph

(d)to § 531.604 to exclude experts and consultants appointed under 5 U.S.C. 3109 from the locality pay limitations. Unless otherwise authorized by law, the aggregate pay (including basic pay, locality pay, and premium pay) for experts and consultants appointed under 5 U.S.C. 3109 may not exceed the daily rate for GS-15, step 10 (excluding locality pay or any other additional pay). (See 5 CFR 304.105.) The final regulations also clarify the definition of *employee* in § 531.602 to include positions in the FBI and DEA SES under 5 U.S.C. 5304(h)(1)(C) and other non-GS employee categories under 5 U.S.C. 5304(h)(1)(F) for which the President's Pay Agent has authorized locality payments. The regulations also amend paragraph

(4)in the definition of *scheduled annual rate of pay* in § 531.602 to include the rates of basic pay for employees in the FBI and DEA SES and other categories of non-GS positions for which the Pay Agent has authorized locality pay. The proposed regulations clarify that the scheduled annual rate of pay for such employees must exclude any locality-based pay adjustments, special basic pay adjustments analogous to special salary rates established under 5 U.S.C. 5305, or other additional pay of any kind. The President's Pay Agent has reviewed and approved this final rule. Waiver of Delay in Effective Date Pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists to make these regulations effective in less than 30 days. These regulations must be made effective prior to January 1, 2002. If they become effective after the January 2002 statutory pay adjustments, agencies may be forced in some scenarios to use the pay protection provision to freeze the pay of a few employees whose pay was capped at level III of the Executive Schedule. Execute 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 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 531 Government employees, Law enforcement officers, Wages. Office of Personnel Management. Kay Coles James, Director. Accordingly, OPM is amending part 531 of title 5 of the Code of Federal Regulations as follows: PART 531—PAY UNDER THE GENERAL SCHEDULE 1. The authority citation for part 531 is revised to read as follows: Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Pub. L. 103-89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., p. 316; Subpart B also issued under 5 U.S.C. 5303(g), 5333, 5334(a), and 7701(b)(2); Subpart C also issued under 5 U.S.C. 5304, 5305, and 5553; sections 302 and 404 of the Federal Employees Pay Comparability Act of 1990 (FEPCA), Pub. L. 101-509, 104 Stat. 1462 and 1466; and section 3(7) of Pub. L. 102-378, 106 Stat. 1356; Subpart D also issued under 5 U.S.C. 5335(g) and 7701(b)(2); Subpart E also issued under 5 U.S.C. 5336; Subpart F also issued under 5 U.S.C. 5304, 5305(g)(1), and 5553; E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682; and E.O. 13106, 63 FR 68151, 3 CFR, 1998 Comp., p. 224; Subpart G also issued under 5 U.S.C. 5304, 5305, and 5553; section 302 of FEPCA, Pub. L. 101-509, 104 Stat. 1462; and E.O. 12786, 56 FR 67453, 3 CFR, 1991 Comp., p. 376. Subpart F—Locality-Based Comparability Payments 2. In § 531.602, paragraph

(2)of the definition of *employee* and paragraph

(4)of the definition of *scheduled annual rate of pay* are revised to read as follows: § 531.602 Definitions *Employee* means—* * *

(2)An employee in a category of positions described in 5 U.S.C. 5304(h)(1)(A)-(F) for which the President (or designee) has authorized locality-based comparability payments under 5 U.S.C. 5304(h)(2) and whose official duty station is located in a locality pay area. *Scheduled annual rate of pay * means—* * *

(4)For an employee in a category of positions described in 5 U.S.C. 5304(h)(1)(A)-(F) for which the President (or designee) has authorized locality-based comparability payments under 5 U.S.C. 5304(h)(2), the rate of basic pay fixed by law or administrative action, exclusive of any locality-based adjustments (including adjustments equivalent to local special rate adjustments under 5 U.S.C. 5305) or other additional pay of any kind. 3. In § 531.604, paragraph

(c)is revised and a new paragraph

(d)is added to read as follows: § 531.604 Determining locality rates of pay. (c)(1) Locality rates of pay approved by the President (or designee) for employees in a category of positions described in 5 U.S.C. 5304(h)(1)(A)-(E) may not exceed the rate for level III of the Executive Schedule.

(2)Locality rates of pay approved by the President (or designee) for employees in a category of positions described in 5 U.S.C. 5304(h)(1)(F) may not exceed—

(i)The rate for level IV of the Executive Schedule, when the maximum scheduled annual rate of pay (excluding any retained rate) for such positions is less than or equal to the maximum payable scheduled annual rate of pay for GS-15; or

(ii)The rate for level III of the Executive Schedule, when the maximum scheduled annual rate of pay (excluding any retained rate) for such positions exceeds the maximum payable scheduled annual rate of pay for GS-15, but is not more than the rate for level IV of the Executive Schedule.

(3)If application of paragraph (c)(2) of this section would otherwise reduce an employee's existing locality rate of pay, the employee's locality rate of pay will be capped at the higher of—

(i)The amount of his or her locality rate of pay on the day before paragraph (c)(2) of this section is applied, or

(ii)The rate for level IV of the Executive Schedule.

(d)Paragraph

(c)of this section does not apply to experts and consultants appointed under 5 U.S.C. 3109 if the pay for those experts and consultants is limited to the highest rate payable under 5 U.S.C. 5332 (i.e., the unadjusted maximum GS-15 rate). Pay limitations for such experts and consultants must be determined in accordance with § 304.105 of this chapter. [FR Doc. 01-31901 Filed 12-27-01; 8:45 am]

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