Unknown. Final rule

2,812 words·~13 min read·/register/2002/02/13/02-3409

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-2002-02-13.xml --- 67 30 Wednesday, February 13, 2002 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Forest Service Alcohol Alcohol, Tobacco and Firearms Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 02-3498 02-3499 6784-6786 02-3500 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments: Federation of Physicians and Dentists, Inc., 6745-6747 02-3396 Army Army Department See Engineers Corps Centers Centers for Medicare & Medicaid Services NOTICES Privacy Act:

Systems of records, 6714-6719 02-3451 Coast Guard Coast Guard RULES Drawbridge operations: New York, 6647-6648 02-3517 Ports and waterways safety: Cook Inlet, AK: security zones, 6650-6651 02-3514 Port of San Diego, CA; security zones, 6648-6650 02-3512 Ports of Everglades and Miami, FL; security zones, 6652-6653 02-3513 Vocational rehabilitation and education: Veterans education— Montgomery GI Bill-Selected Reserve; rates payable increase, 6654-6655 02-3456 PROPOSED RULES Ports and waterways safety:

Lake Erie Western Basin, South Passage; regulated navigation area; withdrawn, 6666-6667 02-3511 Commerce Commerce Department See Export Administration Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Credit Corporation NOTICES Grants and cooperative agreements; availability, etc.: Yakima Basin, WA; water conservation, 6674-6675 02-3501 Commodity Commodity Futures Trading Commission RULES Consumer financial information; privacy requirements; correction, 6790 C1-10398 Defense Defense Department See Engineers Corps See Uniformed Services University of the Health Sciences RULES Vocational rehabilitation and education:

Veterans education— Montgomery GI Bill Selected Reserve; rates payable increase, 6654-6655 02-3456 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 6695-6696 02-3452 Employment Employment and Training Administration NOTICES Adjustment assistance: Agere Systems et al., 6749-6750 02-3403 Imerys, 6750 02-3402 Jones & Vining, Inc., 6750 02-3401 Rohm & Haas et al., 6750-6752 02-3404 Willamette Industries, Inc., 6752 02-3406 Adjustment assistance and NAFTA transitional adjustment assistance:

WRS Motion Picture and Video Lab et al., 6747-6749 02-3399 NAFTA transitional adjustment assistance: Antec Corp., 6752 02-3405 Cemex Kosmos Cement Co., 6752 02-3400 VF Corp., LP, 6752-6753 02-3407 Willamette Industries, Inc., 6753 02-3408 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps RULES Danger zones and restricted areas: Elizabeth River, Craney Island Refueling Station, Portsmouth, VA, 6653-6654 02-3556 NOTICES Nationwide permits (NWP); issuance, reissuance, and modifications; correction, 6692-6695 02-3555 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Hazardous waste combustors, 6791-6818 02-3346 Air quality implementation plans; approval and promulgation; various States: Kansas, 6655-6658 02-3361 Missouri, 6658-6661 02-3362 Radiation protection programs: Los Alamos National Laboratories— Transuranic radioactive waste for disposal at Waste Isolation Pilot Plant; waste characterization program documents availability, 6661-6662 02-3546 NOTICES Agency information collection activities: Proposed collection; comment request, 6706-6707 02-3547 Pesticides; emergency exemptions, etc.:

Coumaphos, etc., 6707-6709 02-3099 Reports and guidance documents; availability, etc.: Operating permits program deficiencies; response letters to citizens; location, 6709-6710 02-3548 MISSING FOR: Export Administration Bureau Export Administration Bureau NOTICES Export privileges, actions affecting: Federal Parts International, Inc., 6677-6678 02-3453 FAA Federal Aviation Administration RULES Class E5 airspace, 6644 02-3554 Class E airspace, 6641-6644 02-3549 02-3550 02-3552 02-3553 Restricted areas, 6644-6645 02-3530 NOTICES Exemption petitions; summary and disposition, 6782-6783 02-3531 Meetings:

RTCA, Inc., 6783-6784 02-3551 FCC Federal Communications Commission NOTICES Meetings; Sunshine Act, 6710-6711 02-3576 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 6711 02-3613 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Electric utilities (Federal Power Act): Electricity market design and structure; strawman discussion paper, 6665-6666 02-2975 NOTICES Electric rate and corporate regulation filings: Otter Tail Power Co. et al., 6702-6705 02-3450 Environmental statements; availability, etc.:

Georgia Strait Crossing Pipeline LP, 6705-6706 02-3464 National Register of Historic Places: Programmatic agreement for managing properties; restricted service list— Ridgewood Maine Hydro Partners, L.P., 6706 02-3468 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 6696 02-3478 Cedar Brakes III, L.L.C., 6696 02-3467 Desert Crossing Gas Storage & Transportation System LLC, 6697 02-3465 Dominion Transmission, Inc., 6697-6698 02-3469 Eagle Point Cogeneration Partnership, 6698 02-3466 Equitrans, L.P., 6698 02-3475 Florida Power & Light Co., 6698-6699 02-3463 Granite State Gas Transmission, Inc., 6699 02-3479 Mississippi River Transmission Corp., 02-3477 6699 02-3481 Natural Gas Pipeline Company of America, 6699-6700 02-3474 Questar Pipeline Co., 6700 02-3476 Reliant Energy Gas Transmission Co., 6700 02-3480 Texas Gas Transmission Corp., 6700-6701 02-3483 TransColorado Gas Transmission Co., 6701 02-3473 Transcontinental Gas Pipe Line Corp., 02-3471 6701-6702 02-3472 Vector Pipeline L.P., 6702 02-3482 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 6711-6712 02-3523 Ocean transportation intermediary licenses:

GSA Shipping, Inc., et al., 6712 02-3524 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 6712-6713 02-3397 Meetings; Sunshine Act, 6713 02-3651 Fish Fish and Wildlife Service NOTICES Grants and cooperative agreements; availability, etc.: North American Wetlands Conservation Act— Standard grant application instructions, 6737-6739 02-3459 Food Food and Drug Administration RULES Human drugs: Prescription drug marketing; effective date delay, 6645-6647 02-3282 MISSING FOR:

Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* California, 6678 02-3535 New Mexico, 6679 02-3542 Ohio, 6679-6680 02-3534 Forest Forest Service NOTICES Environmental statements; notice of intent: Apache-Sitgreaves, Coconino, Kaibab, Prescott, and Tonto National Forests, AZ, 6675-6677 02-3394 Meetings: Resource Advisory Committees— Lake County, 6677 02-3487 GSA General Services Administration RULES Federal travel: Relocation income tax allowance tax tables Correction, 6790 C2-2431 NOTICES Acquisition regulations:

Federal Advisory Committees Review (SF 820); form revision, 6713 02-3448 Agency information collection activities: Submission for OMB review; comment request, 6713-6714 02-3533 Meetings: National Travel Forum, 6714 02-3449 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Housing Housing and Urban Development Department RULES Housing programs:

Mandatory expense deductions and earned income disallowances for persons with disabilities; income adjustment determination; correction, 6819-6821 02-3413 NOTICES Agency information collection activities: Proposed collection; comment request, 6735 02-3415 Submission for OMB review; comment request, 02-3414 6735-6737 02-3416 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service NOTICES Agency information collection activities:

Proposed collection; comment request, 02-3525 6786-6789 02-3526 02-3527 02-3528 02-3529 International International Trade Administration NOTICES Antidumping: Low enriched uranium from— France, 6680-6681 02-3538 Oil country tubular goods, other than drill pipe, from— Argentina, 6681-6682 02-3539 Stainless steel sheet and strip from— Taiwan, 6682-6685 02-3540 Steel wire rod from— Korea, 6685-6687 02-3541 Countervailing duties: Low enriched uranium from— France, 6689-6691 02-3537 Various countries, 6688-6689 02-3536 International International Trade Commission NOTICES Import investigations:

Digital display receivers and digital display controllers and products containing same, 6744-6745 02-3485 Justice Justice Department See Antitrust Division See Juvenile Justice and Delinquency Prevention Office Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Grants and cooperative agreements; availability, etc.: Drug-Free Communities Support Program, 6747 02-3312 Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.:

Wyoming, 6739-6740 02-3454 Environmental statements; availability, etc.: Otter Creek Tracts, MT; mineral rights transfer, 6740 02-3518 Realty actions; sales, leases, etc.: Wyoming, 6740-6741 02-3532 Survey plat filings: Colorado, 6741-6742 02-3543 Wyoming, 6742 02-3544 Withdrawal and reservation of lands: Colorado, 6742 02-3545 Legal Legal Services Corporation PROPOSED RULES Aliens; legal assistance restrictions: Negotiated rulemaking working group; meetings, 6667 02-3395 Mine Mine Safety and Health Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 6753-6754 02-3520 Safety standard petitions: Pine Ridge Coal Co. et al., 6754-6755 02-3516 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council, 6756 02-3486 Space Science Advisory Committee, 6755-6756 02-3391 02-3392 Aerospace Safety Advisory Panel, 6756-6757 02-3393 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 6719-6721 02-3418 02-3419 02-3420 02-3421 02-3422 National Center for Research Resources, 6721 02-3430 National Heart, Lung, and Blood Institute, 6721, 6722 02-3434 02-3435 National Human Genome Research Institute, 02-3444 6722 02-3445 National Institute of Allergy and Infectious Diseases, 6725-6728 02-3438 02-3439 02-3446 National Institute of Dental and Craniofacial Research, 6723-6724 02-3426 National Institute of Diabetes and Digestive and Kidney Diseases, 6726-6727 02-3441 02-3442 02-3443 National Institute of Environmental Health Sciences, 6724-6726 02-3428 02-3431 02-3440 National Institute of Mental Health, 6725 02-3432 National Institute on Aging, 6722-6723 02-3423 National Institute on Drug Abuse, 6723, 6724 02-3425 02-3427 Recombinant DNA Advisory Committee, 6728 02-3429 Scientific Review Center, 6728-6733 02-3424 02-3433 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 6662 02-3521 NOTICES Agency information collection activities: Submission for OMB review; comment request, 6691 02-3489 Permits Endangered and threatened species, 6691-6692 02-3522 National Park National Park Service NOTICES National Register of Historic Places: Pending nominations, 6743-6744 02-3509 02-3510 Nuclear Nuclear Regulatory Commission PROPOSED RULES Meetings: Regulatory analysis; individual requirements; treatment criteria; discussion, 6663-6665 02-3503 NOTICES Environmental statements; availability, etc.:

AmerGen Energy Co., LLC, 6758-6765 02-3505 Virginia Electric & Power Co., 6765-6766 02-3504 Operating licenses, amendments; no significant hazards considerations; biweekly notices; correction, 6766 02-3506 *Applications, hearings, determinations, etc.:* PPL Susquehanna, LLC, 6757-6758 02-3507 Occupational Occupational Safety and Health Administration NOTICES Meetings: Occupational Safety and Health National Advisory Committee, 6755 02-3398 Personnel Personnel Management Office RULES Employment:

District of Columbia Department of Corrections displaced employees; Federal priority consideration program, 6639-6640 02-3409 Pay administration: Administratively uncontrollable overtime pay, 6640-6641 02-3410 Postal Postal Service NOTICES Postage meters: Secure technology plan; clarification, 6766-6767 02-3411 Privacy Act: Systems of records, 6767-6768 02-3412 Public Public Health Service See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Research Research and Special Programs Administration PROPOSED RULES Hazardous materials:

Hazardous materials transportation— DOT specification cylinders and maintenance, requalification, and repair requirements; withdrawn, 6667-6668 02-3461 Materials transported by aircraft; information availability, 6669-6673 02-3458 SEC Securities and Exchange Commission NOTICES Agency information collection activities: Proposed collection; comment request, 6768 02-3490 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 6768-6772 02-3491 02-3494 Chicago Board Options Exchange, Inc., 6772-6774 02-3496 Chicago Stock Exchange, Inc., 6774-6776 02-3447 National Association of Securities Dealers, Inc., 6776-6777 02-3497 Pacific Exchange, Inc., 6777-6781 02-3493 Philadelphia Stock Exchange, Inc., 6781-6782 02-3492 Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Mental Health Services Center— Comprehensive Community Mental Health Services for Children and Their Families Program, 6733-6734 02-3462 Surface Surface Transportation Board NOTICES Environmental statements; notice of intent: San Jacinto Rail Ltd. et al., 6784 02-3508 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Internal Revenue Service Uniformed Uniformed Services University of the Health Sciences NOTICES Meetings;

Sunshine Act, 6695 02-3683 Veterans Veterans Affairs Department RULES Vocational rehabilitation and education: Veterans education— Montgomery GI Bill-Selected Reserve; rates payable increase, 6654-6655 02-3456 NOTICES Meetings: Rehabilitation Advisory Committee, 6789 02-3457 Separate Parts In This Issue Part II Environmental Protection Agency, 6791-6818 02-3346 Part III Housing and Urban Development Department, 6819-6821 02-3413 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 30 Wednesday, February 13, 2002 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 330 RIN 3206-AI28 Federal Employment Priority Consideration Program for Displaced Employees of the District of Columbia Department of Corrections AGENCY:

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

(OPM)is issuing final regulations to implement provisions of law affecting the priority consideration program for certain displaced employees of the District of Columbia Department of Corrections seeking Federal positions. These regulations respond to comments received on the interim regulations OPM published on January 22, 2001. DATE: This final regulation is effective on March 15, 2002. FOR FURTHER INFORMATION CONTACT: Jacqueline Yeatman on

(202)606-0960, FAX

(202)606-2329, TDD

(202)606-0023 or by email at *jryeatma@opm.gov.* SUPPLEMENTARY INFORMATION: Background The National Capital Revitalization and Self-Government Improvement Act (part of the Balanced Budget Act of 1997, Sec. 11201, Pub. L. 105-33, 111 Stat. 738, enacted August 5, 1997) mandated that the Lorton Correctional Complex be closed by December 31, 2001. Section 11203 of this law gave priority consideration to employees of the District of Columbia

(DC)Department of Corrections

(DOC)displaced by this closure. The District of Columbia Courts and Justice Technical Corrections Act of 1998 (Pub. L. 105-274) modified some of the provisions of this priority consideration. On August 4, 1998, and January 22, 2001, OPM issued interim regulations with request for comment to implement the Priority Consideration Program covering most vacancies in Federal agencies. Comments Received on Interim Regulations After OPM published interim regulations on January 22, 2001, we received comments from one Federal agency. This agency asked OPM to add the definition of “agency” in 5 CFR 330.604(a) to these regulations. Although this program includes a definition for “vacancy” providing essentially the same program limitations (covering only competitive service positions), we are adding the definition of “agency” as an additional reference aid. The agency also suggested that OPM modify 5 CFR 330.1104(c)(b)(i) and

(ii)to clarify that a DC DOC employee will lose eligibility under this program if they decline an offer, or fail to respond to an inquiry of availability, for a permanent job at *any* grade level. We agree that this suggestion will provide additional clarity and have modified § 330.1104(c)(6)(i) and

(ii)accordingly. The commenting agency asked OPM to define “reasonable period of time” for the purposes of 5 CFR 330.1104(c)(6)(ii). There are many factors that may determine a reasonable time frame for a candidate's response, including their location and the communication method being used. We prefer to allow each agency flexibility to consider the specifics of each situation and decide what is reasonable. The agency was also concerned that it will be difficult for large agencies to keep track of priority eligibles who decline a job offer by an agency component. They suggested that OPM either:

(1)Develop a form for DC DOC priority eligibles to complete and submit with each application specifically asking prior Federal job offers; or

(2)adopt regulatory language specifying the policies, procedures and/or forms agencies may develop and use for this purpose. We believe imposing additional requirements or paperwork on either applicants or agencies would be unnecessarily burdensome since this does not appear to be a widespread problem. Agencies are free to develop internal procedures to track priority eligibles who decline agency offers, if they wish to do so. Executive 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 this regulation will not have a significant economic impact on a substantial number of small entities because it pertains only to Federal agencies. List of Subjects in 5 CFR Part 330 Armed forces reserves, Government employees. Office of Personnel Management. Kay Coles James, Director. Accordingly, the interim rule amending 5 CFR part 330 which was published at 66 FR 6427 on January 22, 2001, is adopted as a final rule with the following changes: PART 330—RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL) 1. The authority citation for part 330 is revised to read as follows: Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 19 FR 7521, 3 CFR, 1954-58, Comp., p. 218; § 330.102 also issued under 5 U.S.C. 3327; subpart B also issued under 5 U.S.C. 3315 and 8151; § 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. 2, In § 330.1103, paragraph

(b)is redesignated as (e), paragraph

(a)is redesignated as (b), and a new paragraph

(a)is added to read, as follows: § 330.1103 Definitions.

(a)*Agency* means an Executive Department, a Government corporation, and an independent establishment as cited in 5 U.S.C. 105. For the purposes of this program, the term “agency” includes all components of an organization, including its Office of Inspector General. 3. In § 330.1104, paragraphs (c)(6)(i) and

(ii)are revised to read as follows: § 330.1104 Eligibility.

(c)* * *

(6)* * *

(i)Declines a permanent appointment, at any grade level, offered by the agency (whether competitive or excepted) when the employee applied and was found qualified; or

(ii)Fails to respond within a reasonable period of time to an offer or official inquiry of availability from the agency for a permanent appointment, at any grade level, offered by the agency (whether competitive or excepted) when the employee applied and was found qualified. [FR Doc. 02-3409 Filed 2-12-02; 8:45 am]

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