Unknown. Interim rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-01-25.xml --- 67 17 Friday, January 25, 2002 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Citrus canker, 3583-3584 02-1858 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau PROPOSED RULES Census 2000:

Cutoff dates for boundary changes recognition, 3631-3632 02-1815 Centers Centers for Disease Control and Prevention NOTICES Meetings: Community Preventive Services Guide Task Force, 3710 02-1848 HIV and STD Prevention Advisory Committee, 3710-3711 02-1846 Immunization Practices Advisory Committee, 3711 02-1845 National Institute for Occupational Safety and Health— Safety and Occupational Health Study Section, 3711 02-1844 National Vaccine Advisory Committee, 3711-3712 02-1847 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare:

Overpayments; reporting and repayment, 3662-3665 02-1688 Medicare and Medicaid: Terms, definitions, and addresses; technical amendments, 3641-3662 02-1065 NOTICES Grants and cooperative agreements; availability, etc.: Medicaid— Competitive employment of people with disabilities; infrastructure support development, 3712-3713 02-2017 Medicaid: State allotments for payment of Medicare Part B premiums for qualifying individuals (2001 FY), 3713-3716 02-1304 Medicare: Medicare+Choice program— National Committee for Quality Assurance for Medicare+Choice Managed Care Organizations licensed as Health Maintenance Organizations; authority approval, 3716-3718 02-1874 Out-of-State Utilization and Quality Control Peer Review Organizations; statements of interest solicitation from various States, 3719-3720 02-1066 Meetings:

Medicare Education Advisory Panel, 3720-3721 02-1687 Organization, functions, and authority delegations: Public Affairs Office et al., 3721-3722 02-1064 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: California, 3685 02-1855 Minnesota, 3685 02-1856 South Dakota, 3685 02-1857 Coast Guard Coast Guard NOTICES Agency information collection activities: Proposed collection; comment request, 3774-3775 02-1870 Commerce Commerce Department See Census Bureau 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, 3683-3685 02-1885 02-1886 Comptroller Comptroller of the Currency RULES Capital; leverage and risk-based capital and capital adequacy guidelines, capital maintenance, and nonfinancial equity investments, 3783-3807 02-794 Defense Defense Department See Uniformed Services University of the Health Sciences NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities— Submission for OMB review; comment request, 3690-3691 02-1912 02-1913 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 3736-3737 02-1726 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Paducah Gaseous Diffusion Plant, KY, 3691-3692 02-1853 International Energy Agency Industry Advisory Board, 3692 02-1979 EPA Environmental Protection Agency PROPOSED RULES Air pollution control; new motor vehicles and engines:

Heavy-duty diesel engines and vehicles; 2004 and later model year emission standards; nonconformance penalties Correction, 3640-3641 02-1880 NOTICES Environmental statements; availability, etc.: Agency statements— Comment availability, 3697 02-1883 Weekly receipts, 3697-3698 02-1884 Pesticide, food, and feed additive petitions: E.I. du Pont de Nemours & Co., 3700-3706 02-1763 Pesticide registration, cancellation, etc.: Chlorpyrifos, 3698-3700 02-1764 Pesticides; experimental use permits, etc.:

BASF Corp., 3706 02-1765 Superfund program: Prospective purchaser agreement— GE-Pittsfield/Housatonic River Site, MA, 3706-3707 02-1881 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Air traffic operating and flight rules, etc.: Criminal history records checks, 3809-3810 02-2016 Criminal history records checks; correction, 3782 C1-30282 Airworthiness directives: Boeing, 3605-3608 02-1452 Standard instrument approach procedures, 3608-3612 02-1864 02-1865 02-1866 NOTICES Agency information collection activities:

Proposed collection; comment request, 3775-3776 02-1869 Airport noise compatibility program: Noise exposure maps— San Antonio International Airport, TX, 3776 02-1867 Environmental statements; availability, etc.: Piedmont Triad International Airport, NC, 3777 02-1868 FCC Federal Communications Commission RULES Common carrier services: Telecommunications Act of 1996; implementation— Pay telephone reclassification and compensation provisions; clarification, 3621-3622 02-1810 Practice and procedure:

Review request filings; interim filing procedures implementation; waiver, 3620-3621 02-873 Rulemaking proceedings; termination, 3616-3617 02-1860 Stale or moot docketed proceedings; termination, 3617-3620 02-1859 Reporting and recordkeeping requirements, 3621 02-1693 Television broadcasting: Digital television capacity; ancillary or supplementary use by noncommercial licensees, 3622-3623 02-1811 NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 3707 02-1809 Meetings: 2003 World Radiocommunication Conference Advisory Committee, 3707-3708 02-1812 FDIC Federal Deposit Insurance Corporation RULES Capital; leverage and risk-based capital and capital adequacy guidelines, capital maintenance, and nonfinancial equity investments, 3783-3807 02-794 NOTICES Meetings;

Sunshine Act, 3708 02-2015 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Electric utilities (Federal Power Act): Standard generator interconnection agreements and procedures, 3632 02-1823 NOTICES Environmental statements; availability, etc.: Horseshoe Bend Hydroelectric Co., 3695-3696 02-1828 Hydroelectric applications, 3696 02-1830 Practice and procedure: Off-the-record communications, 3696-3697 02-1822 *Applications, hearings, determinations, etc.:* East Tennessee Natural Gas Co., 3692 02-1824 Erie Boulevard Hydropower, L.P., 3693 02-1831 Panhandle Eastern Pipe Line Co., 3693 02-1826 S.D.

Warren Co.; meeting, 3693-3694 02-1829 Transcontinental Gas Pipe Line Corp., 3694 02-1832 Virginia Electric & Power Co., 3694 02-1827 White Rock Pipeline, L.L.C., 3694-3695 02-1825 Federal Housing Federal Housing Enterprise Oversight Office RULES Practice and procedure: Prompt supervisory response and corrective action, 3587-3605 02-1842 FMC Federal Maritime Commission NOTICES Meetings; Sunshine Act, 3708 02-2031 Federal Reserve Federal Reserve System RULES Capital; leverage and risk-based capital and capital adequacy guidelines, capital maintenance, and nonfinancial equity investments, 3783-3807 02-794 NOTICES Banks and bank holding companies:

Change in bank control, 3708 02-1932 Permissible nonbanking activities, 3708-3709 02-1931 FTC Federal Trade Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 3709-3710 02-1889 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Mariana mallard and Guam broadbill, 3675-3679 02-1876 NOTICES Endangered and threatened species permit applications, 02-1877 3730-3731 02-1878 Environmental statements; availability, etc.:

Incidental take permits— Ventura County, CA; coastal California gnatcatcher, 3731-3732 02-1849 Marine mammal permit applications, 3732 02-1879 Food Food and Drug Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 3722-3723 02-1928 Human drugs: Patent extension; regulatory review period determinations— KEPPRA, 3725-3726 02-1927 MIFEPREX, 3724-3725 02-1926 SONATA, 3723-3724 02-1925 Meetings: Anti-Infective Drugs Advisory Committee, 3726 02-1814 Oncologic Drugs Advisory Committee, 3726-3727 02-1924 MISSING FOR:

Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Puerto Rico IPR Pharmaceuticals, Inc.; pharmaceuticals manufacturing plant, 3685-3686 02-1911 Forest Forest Service NOTICES Appealable decisions; legal notices: Pacific Southwest Region, 3681-3683 02-1714 Meetings: Resource Advisory Committees— Northeast Oregon Forests, 3683 02-1843 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Submission for OMB review; comment request, 3690-3691 02-1912 02-1913 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 3727 02-1850 Submission for OMB review; comment request, 3727-3728 02-1851 Meetings: Rural Health National Advisory Committee, 3728 02-1852 Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office NOTICES Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 3729 02-1813 Interior Interior Department See Fish and Wildlife Service See Minerals Management Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service NOTICES Agency information collection activities:

Proposed collection; comment request, 3779-3781 02-1921 02-1922 02-1923 International International Trade Administration NOTICES Antidumping: Tin mill products from— Japan, 3686-3688 02-1910 International International Trade Commission NOTICES Import investigations: Apparel from Sub-Saharan African and Caribbean Basin countries; short supply and preferential treatment, 3733-3734 02-1838 Meetings; Sunshine Act, 3734-3735 02-1972 Justice Justice Department NOTICES Pollution control; consent judgments:

Alcoa, Inc., 3735 02-1836 Conoco Inc., 3735-3736 02-1837 Mobil Oil Corp., 3736 02-1835 Labor Labor Department See Employment Standards Administration See Occupational Safety and Health Administration Minerals Minerals Management Service PROPOSED RULES Outer Continental Shelf; oil, gas, and sulphur operations: Exploration under salt sheets; operations suspension Correction, 3632-3633 02-1918 NASA National Aeronautics and Space Administration PROPOSED RULES Acquisition regulations:

Non-commercial representations and certifications and evaluation provisions for use in simplified acquisitions, 3669-3673 02-1915 NOTICES Committees; establishment, renewal, termination, etc.: U.S. Centennial of Flight Commission, 3741-3742 02-1914 Federal Acquisition Regulation (FAR): Agency information collection activities— Submission for OMB review; comment request, 3690-3691 02-1912 02-1913 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards:

Nonconforming vehicles— Importation eligibility; determinations, 3777-3778 02-1861 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Atlantic mackerel, squid, and butterfish, 3623-3627 02-1997 PROPOSED RULES Fishery conservation and management: Caribbean, Gulf of Mexico, and South Atlantic fisheries— Over fishing thresholds, etc., 3679-3680 02-1872 NOTICES Endangered and threatened species: Anadromous fish take— Washington State;

Routine Road Maintenance Program submission, 3688-3689 02-1873 Meetings: Gulf of Mexico Fishery Management Council, 3689-3690 02-1897 North Pacific Fishery Management Council; correction, 3690 02-1896 National Science National Science Foundation PROPOSED RULES Research misconduct policy, 3666-3669 02-1833 Nuclear Nuclear Regulatory Commission RULES Practice and procedure: Filing and advance notification requirements; revisions, 3584-3586 02-1721 PROPOSED RULES Radioactive wastes; high-level; disposal in geologic repositories:

Yucca Mountain, NV— Unlikely features, events, and processes; probability specifications, 3628-3631 02-1891 NOTICES Environmental statements; availability, etc.: Dominion Nuclear Connecticut, Inc., 3742-3743 02-1893 Regulatory guides; issuance, availability, and withdrawal, 3743 02-1892 Occupational Occupational Safety and Health Administration NOTICES Nationally recognized testing laboratories, etc.: TUV America, Inc., 3737-3741 02-1887 Office Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office RULES Employment: Basic pay for employees of temporary organizations, 3581-3582 02-1604 Postal Postal Service NOTICES Meetings; Sunshine Act, 3743 02-2014 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

Imperial Irrigation District Water Conservation and Transfer Project, CA; habitat conservation plan, 3732-3733 02-1888 Research Research and Special Programs Administration PROPOSED RULES Hazardous materials transportation: Regulatory Flexibility Act Section 610 and plain language reviews, 3673-3675 02-1862 Pipeline safety: Hazardous liquid transportation— Maps and records of pipeline locations and characteristics; State agencies notification; pipe inventory; removal from regulatory agenda, 3675 02-1909 NOTICES Hazardous materials transportation:

Safety advisories— Compressed gas cylinders; unauthorized marking, 3778-3779 02-1863 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— Hartford Mutual Funds Inc., 3743-3745 02-1898 Wells Fargo Funds Management LLC et al., 3745-3746 02-1900 Meetings; Sunshine Act, 3746 02-1987 Reports and guidance documents; availability, etc.: Financial condition and results of operations; management's discussion and analysis, 3746-3751 02-1899 Securities:

Suspension of trading— Tel-One, Inc., 3751 02-1986 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 3752-3757 02-1903 02-1905 Chicago Board Options Exchange, Inc., 3757-3760 02-1906 International Securities Exchange LLC, 3760-3762 02-1907 MBS Clearing Corp., 3762-3764 02-1901 Pacific Exchange, Inc., 3765-3768 02-1902 Philadelphia Stock Exchange, Inc., 3768-3772 02-1904 02-1908 SBA Small Business Administration NOTICES Disaster loan areas: Florida, 3772 02-1894 Texas, 3773 02-1895 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Mental Health Services Center National Advisory Council, 3728-3729 02-1929 Substance Abuse Treatment Center National Advisory Council, 3729 02-1930 Senior Executive Service: Performance Review Board; membership, 3729 02-1854 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Pennsylvania, 3633-3640 02-1945 Surface Surface Transportation Board NOTICES Railroad services abandonment: Red River Valley & Western Railroad Co., 3779 02-1635 TVA Tennessee Valley Authority NOTICES Environmental statements; availability, etc.:

Colbert and Lauderdale Counties, AL; Muscle Shoals and Wilson Dam Reservations; commercial and recreational development, 3773-3774 02-1840 Trade Trade Representative, Office of United States NOTICES Intellectual property rights, countries denying; identification: Canada; correction, 3774 02-1890 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Uniformed Uniformed Services University of the Health Sciences NOTICES Meetings;

Sunshine Act, 3691 02-1951 Veterans Veterans Affairs Department RULES Adjudication; pensions, compensation, dependency, etc.: Radiation-risk activities; presumptive service connection for certain diseases, 3612-3616 02-1839 Separate Parts In This Issue Part II Federal Deposit Insurance Corporation; Federal Reserve System; Treasury Department, Comptroller of the Currency, 3783-3807 02-794 Part III Transportation Department, Federal Aviation Administration, 3809-3810 02-2016 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. 67 17 Friday, January 25, 2002 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 534 RIN: 3206-AJ47 Basic Pay for Employees of Temporary Organizations AGENCY: Office of Personnel Management. ACTION: Interim rule with request for comments.

SUMMARY: The Office of Personnel Management is issuing interim regulations on setting pay for employees of temporary organizations established by law or Executive order. These regulations will enable agencies to determine the rate of basic pay and locality payments for employees of temporary organizations. DATES: Effective Date: The regulations are effective on January 25, 2002. *Applicability Dates:* The regulations apply on the first day of the first applicable pay period beginning on or after January 25, 2002. *Comments Date:* Comments must be received on or before March 26, 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 email: *payleave@opm.gov* . FOR FURTHER INFORMATION CONTACT: Ron Genua,

(202)606-2858. SUPPLEMENTARY INFORMATION: The Office of Personnel Management

(OPM)is issuing interim regulations on compensation for employees of temporary organizations established by law or Executive order. Section 1101 of the Floyd D. Spence National Defense Authorization Act for fiscal year 2001 (Public Law 106-398, October 30, 2000), adds a new subchapter IV to chapter 31 of title 5, United States Code. Subchapter IV provides that the head of a temporary organization may make excepted service appointments of up to 3 years to fill positions of the temporary organization. The appointments may be extended for an additional 2 years consistent with regulations published by OPM. This authority is available to executive and legislative branch agencies. In addition, subchapter IV provides that, upon request by the head of a temporary organization, the head of any department or agency of the Government may detail employees on a nonreimbursable basis to the temporary organization to assist the temporary organization in carrying out its duties. Subchapter IV defines a temporary organization as a commission, committee, board, or other organization that is established for a specific period of time, not in excess of 3 years, for the purpose of performing a specific study or other project. Such a temporary organization generally terminates upon completion of the study or project. Subchapter IV provides OPM with authority to establish regulations to determine the rate of basic pay for employees of temporary organizations without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code. (See 5 U.S.C. 3161(d).) These interim regulations do not apply to temporary organizations established prior to October 30, 2000. Subchapter IV also provides that the rate of basic pay for the chairman, a member, an executive director, a staff director, or other executive level position of a temporary organization may not exceed the maximum rate of basic pay established for the Senior Executive Service

(SES)under section 5382 of title 5, United States Code. The rate of basic pay for other positions in a temporary organization may not exceed the maximum rate of basic pay for GS-15. However, the rate of basic pay for a senior staff position of a temporary organization may, in a case determined by the head of the agency to be exceptional, exceed the maximum rate of basic pay for GS-15, but may not exceed the maximum rate of basic pay for the SES. Subchapter IV defines *basic pay* as including locality pay provided under section 5304 of title 5, United States Code. In setting rates of basic pay for staff and other non-executive level positions, the interim regulations require that the head of a temporary organization give consideration to the significance, scope, and technical complexity of the position and the qualifications required for the work involved. This is consistent with a parallel requirement established under regulations published by the General Services Administration for setting basic pay for advisory committee members and staff under the Federal Advisory Committee Act. (See 41 CFR 101-6.1033.) The interim regulations also require the head of a temporary organization to take into account rates of basic pay paid to Federal employees who have duties that are similar in terms of difficulty and responsibility. The interim regulations provide General Schedule locality payments to all executive level and staff positions of temporary organizations. The regulations set maximum rates of basic pay and locality-adjusted rates of pay for employees of temporary organizations. This will make it easier to determine pay when employees move from General Schedule positions to positions in temporary organizations, and vice versa. The compensation authority in 5 U.S.C. 3161(d) is limited to determining rates of basic pay and locality-adjusted rates of pay for employees of temporary organizations. In addition, subchapter IV provides that an employee of a temporary organization is entitled to the same benefits provided to temporary employees under title 5, United States Code. The interim regulations clarify, however, that subchapter IV provides no new independent authority for the head of a temporary organization to establish other forms of compensation and benefits not authorized by title 5, United States Code, or another specific authority. For example, the law does not create any new authority for providing premium pay, bonuses, awards, leave, or benefits differently than under title 5 or any other already existing statute. The interim regulations require that the head of a temporary organization comply with section 5504 of title 5, United States Code, including the requirement for biweekly pay periods and requirements for converting an annual rate of basic pay to a basic hourly, daily, weekly, or biweekly rate. The regulations also require that employees of temporary organizations receive basic pay on an hourly basis. These requirements will facilitate compliance with the laws and regulations on crediting and using leave on an hourly basis, or fractions thereof. Finally, subchapter IV provides criteria under which the head of a temporary organization may accept volunteer services without regard to section 1342 of title 31, United States Code. Waiver of Notice of Proposed Rulemaking and Delay in Effective Date Pursuant to 5 U.S.C. 553(b)(3)(B) and 5 U.S.C. 553(d)(3), I find that good cause exists for waiving the general notice of proposed rulemaking and making this rule effective on the date of its publication in the **Federal Register** . This waiver is appropriate because the interim regulations are being published to implement changes in law that are already in effect. E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 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 534 Government employees, Hospitals, Students, Wages. Office of Personnel Management. Kay Coles James, Director. Accordingly, OPM is amending part 534 of title 5 of the Code of Federal Regulations as follows: PART 534—PAY UNDER OTHER SYSTEMS 1. The authority citation for part 534 is revised to read as follows: Authority: 5 U.S.C. 1104, 3161(d), 5307, 5351, 5352, 5353, 5376, 5383, 5384, 5385, 5541, and 5550a. 2. Subpart C of part 534 is added to read as follows: Subpart C—Basic Pay for Employees of Temporary Organizations 534.301 General. 534.302 Applicability. 534.303 Basic pay for executive level positions. 534.304 Basic pay for staff positions. 534.305 Pay periods and computation of pay. Subpart C—Basic Pay for Employees of Temporary Organizations § 534.301 Coverage. This subpart provides rules for setting rates of basic pay for employees who are appointed to positions in temporary organizations in accordance with subchapter IV of chapter 31 of title 5, United States Code (5 U.S.C. 3161). Such temporary organizations are established by law or Executive order. Employees appointed under 5 U.S.C. 3161(b) are not subject to the provisions applicable to General Schedule employees covered by chapter 51 and subchapter III of chapter 53 of title 5, United States Code. § 534.302 Applicability. The regulations in this subpart are applicable to employees of temporary organizations who are appointed and compensated under 5 U.S.C. 3161. The rates of basic pay for employees appointed under 5 U.S.C. 3161(b) must be established under the regulations in this subpart. This subpart provides rules for determining rates of basic pay and locality-adjusted rates of basic pay. This subpart does not provide authority to establish other forms of compensation and benefits not authorized by title 5, United States Code, or another specific statutory authority. § 534.303 Basic pay for executive level positions.

(a)Rates of basic pay for executive level positions of temporary organizations may not exceed the maximum rate of basic pay established for the Senior Executive Service under 5 U.S.C. 5382. Therefore, the highest rate of basic pay for executive level positions of temporary organizations, not including any applicable locality-based comparability payment under 5 U.S.C. 5304, may not exceed the rate of basic pay for level IV of the Executive Schedule.

(b)Employees in executive level positions of temporary organizations must be paid locality payments in addition to basic pay in the same manner as employees covered by 5 U.S.C. 5304. Locality-adjusted rates of basic pay for executive level positions may not exceed the rate of basic pay for level III of the Executive Schedule. § 534.304 Basic pay for staff positions. (a)(1) Rates of basic pay for staff or other non-executive level positions of temporary organizations may not exceed the maximum rate of basic pay for grade GS-15 of the General Schedule under 5 U.S.C. 5332, excluding any locality-based comparability payment under 5 U.S.C. 5304.

(2)In establishing rates of basic pay for staff and other non-executive level positions of temporary organizations, the head of a temporary organization must give consideration to the significance, scope, and technical complexity of the position and the qualifications required for the work involved. The head of a temporary organization must also take into account the rates of pay applicable to Federal employees who have duties that are similar in terms of difficulty and responsibility.

(b)Employees in staff and other non-executive level positions of temporary organizations must be paid locality payments in addition to basic pay in the same manner as employees covered by 5 U.S.C. 5304. Locality-adjusted rates of basic pay may not exceed the locality-adjusted rate of basic pay for grade GS-15 of the General Schedule under 5 U.S.C. 5304, for the locality pay area involved.

(c)Notwithstanding the limitations in paragraphs

(a)and

(b)of this section, the rate of basic pay and locality-adjusted rate of basic pay for a senior staff position of a temporary organization may, in a case determined by the head of a temporary organization to be exceptional, exceed the maximum rates established under those paragraphs. However, the higher payable rates may not exceed the applicable maximum rate of basic pay or locality-adjusted rate of basic pay authorized under this subpart for an executive level position. § 534.305 Pay periods and computation of pay.

(a)The requirements of 5 U.S.C. 5504, must be applied to employees of temporary organizations. This includes requirements for biweekly pay periods and requirements for converting an annual rate of basic pay to a basic hourly, daily, weekly, or biweekly rate.

(b)Employees of temporary organizations must receive basic pay on an hourly basis. [FR Doc. 02-1604 Filed 1-24-02; 8:45 am]

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