Unknown. Interim regulation with request for comments
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/register/2002/02/15/02-3621A 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-2002-02-15.xml --- 67 32 Friday, February 15, 2002 Contents AID Agency for International Development NOTICES Meetings: Voluntary Foreign Aid Advisory Committee, 7125 02-3705 Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency See Forest Service See National Agricultural Statistics Service Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments:
Premdor Inc. et al., 7198-7200 02-3804 National cooperative research notifications: Digital Subscriber Line Forum, 7200 02-3718 Inter Company Collaboration for AIDS Drug Development, 7201 02-3720 National Electronics Manufacturing Initiative, Inc., 7201 02-3719 Optical Internetworking Forum, 7201-7203 02-3805 Army Army Department See Engineers Corps NOTICES Privacy Act: System of records, 7140-7143 02-3704 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:
Proposed collection; comment request, 7183-7185 02-3729 02-3730 Children Children and Families Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 7185 02-3747 Coast Guard Coast Guard RULES Drawbridge operations: Connecticut, 7082 02-3694 PROPOSED RULES Drawbridge operations: Missouri, 7110-7112 02-3693 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 02-3782 7129-7130 02-3783 Commodity Commodity Credit Corporation RULES Dairy products:
Commercial dairy processors; dairy recourse loan program, 7056-7057 02-3795 NOTICES Agency information collection activities: Proposed collection; comment request, 02-3707 7125-7126 02-3708 Customs Customs Service RULES Andean Trade Preference Act; implementation, 7070-7072 02-4009 Defense Defense Department See Army Department See Defense Logistics Agency See Engineers Corps PROPOSED RULES Federal Acquisition Regulation (FAR): Electronic listing of vehicles available for use by more than one agency, 7255-7257 02-3786 NOTICES Meetings:
Scientific Advisory Board, 7140 02-3702 Defense Defense Logistics Agency NOTICES Privacy Act: Computer matching programs, 7143-7144 02-3703 Drug Drug Enforcement Administration RULES Schedules of controlled substances: Cannabis plant; certain derived industrial products and materials; control exemption, 7073 02-3934 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 7145, 7146 02-3716 02-3717 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 7203-7204 02-3460 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Meetings:
Coastal Engineering Research Board, 7144-7145 02-3827 02-3828 EPA Environmental Protection Agency RULES Air quality planning purposes; designation of areas: Arizona and California, 7082-7085 02-3769 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Diflubenzuron, 7085-7092 02-3773 PROPOSED RULES Air programs: Ambient air quality standards, national— Ozone; meetings, 7112-7113 02-3748 NOTICES Agency information collection activities: Proposed collection; comment request, 7150-7151 02-3771 Environmental statements; availability, etc.:
Agency statements— Comment availability, 7152-7153 02-3754 Weekly receipts, 7151-7152 02-3755 Grants and cooperative agreements; availability, etc.: Water quality projects, 7153 02-3770 Meetings: EPA-USDA Committee to Advise on Reassessment and Transition, 7153-7154 02-3775 Pesticide, food, and feed additive petitions: Dow AgroSciences LLC, 7156-7159 02-3661 FMC Corp., 7159-7163 02-3663 Pesticide registration, cancellation, etc.: Aventis USA, 7154-7156 02-3660 Pesticides; experimental use permits, etc.:
Syngenta Crop Protection, Inc., 7163-7164 02-3662 Reports and guidance documents; availability, etc.: Acute exposure guideline levels; values, 7164-7176 02-3774 Superfund; response and remedial actions, proposed settlements, etc.: Chippewa Avenue Area Groundwater Contamination Site, IN, 7176-7177 02-3768 Farm Farm Service Agency NOTICES Agency information collection activities: Proposed collection; comment request, 7125-7126 02-3708 FAA Federal Aviation Administration RULES Airworthiness directives:
Pilatus Britten-Norman Ltd., 7059-7061 02-3165 Pratt & Whitney, 7061-7065 02-3579 Class E airspace, 7065-7070 02-3788 02-3789 02-3790 02-3791 02-3792 02-3793 PROPOSED RULES Airworthiness directives: Dassault, 7093-7100 02-3584 02-3585 FCC Federal Communications Commission PROPOSED RULES Common carrier services: 27 MHz spectrum transferred from Government to non-government use; reallocation, 7113-7121 02-3799 NOTICES Agency information collection activities: Submission for OMB review; comment request, 7177-7178 02-3695 Meetings:
Network Reliability and Interoperability Council, 7178-7179 02-3696 Television broadcasting: New analog television stations on channels 52-59; filing window, 7179-7180 02-3724 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Kansas, 7180 02-3733 Missouri, 7180-7181 02-3734 Oklahoma, 7181 02-3731 02-3732 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: DTE East China, LLC, et al., 7149-7150 02-3740 *Applications, hearings, determinations, etc.:* Arizona Public Service Co., 7146 02-3745 Conectiv Bethlehem, Inc., 7146-7147 02-3742 Foothills Generating, L.L.C., 7147 02-3744 Kansas Gas & Electric Co., 7147 02-3746 Rolling Hills Generating, L.L.C., 7148 02-3743 White Rock Pipeline, LLC, 7148-7149 02-3741 Federal Highway Federal Highway Administration RULES Engineering and traffic operations:
Uniform Traffic Control Devices Manual— Accessible pedestrian signals, 7073-7076 02-3619 Federal Reserve Federal Reserve System RULES Home mortgage disclosure (Regulation C): Miscellaneous amendments; staff interpretation, 7221-7251 02-3323 PROPOSED RULES Home mortgage disclosure (Regulation C): Miscellaneous amendments, 7251-7254 02-3322 NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers; correction, 7181-7182 02-3700 Permissible nonbanking activities, 7182 02-3699 Federal Open Market Committee:
Domestic policy directives, 7182 02-3749 FTC Federal Trade Commission PROPOSED RULES Textile Fiber Products Identification Act: Elasterell-p; new generic fiber name and definition, 7104-7110 02-3195 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service RULES Book-entry Treasury bonds, notes, and bills: Uniform Commercial Code—Secured Transactions; conformity, 7078-7082 02-3737 Fish Fish and Wildlife Service PROPOSED RULES Importation, exportation, and transportation of wildlife:
Incidental take permits— Chewuch River, WA; habitat conservation plan, 7122-7123 02-3815 NOTICES Agency information collection activities: Submission for OMB review; comment request, 7187-7188 02-3609 Endangered and threatened species permit applications, 7188 02-3706 Environmental statements; availability, etc.: Icicle Creek Restoration Project, WA, 7188-7189 02-3610 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Albuterol, 7072 02-3738 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* California DNP Electronics America, LLC; projection television screen manufacturing and warehousing facilities, 7130-7131 02-3807 Massachusetts Brittany Dyeing & Printing Corp; textile finishing plant, 7131-7132 02-3812 Reebok International, Ltd.; footwear warehousing/distribution facilities, 7131 02-3813 Puerto Rico Baxter Healthcare Corp. of Puerto Rico; pharmaceutical manufacturing plant, 7132 02-3811 Tennessee, 7132-7133 02-3808 Texas Deepsea Flexibles, Inc.; flexible pipeline manufacturing and warehousing facilities, 7133 02-3810 Forest Forest Service NOTICES Environmental statements; notice of intent:
Mark Twain National Forest, MO, 7126-7128 02-3776 Meetings: Eastern Washington Cascades Provincial Advisory Committee et al., 7128 02-3727 Resource Advisory Committees— North Central Idaho, 7128 02-3777 GAO General Accounting Office NOTICES Reports and guidance documents; availability, etc.: Government auditing standards; revisions; comment request, 7182 02-3728 GSA General Services Administration RULES Federal travel: Relocation allowances; correction, 7219 C1-27764 PROPOSED RULES Federal Acquisition Regulation (FAR):
Electronic listing of vehicles available for use by more than one agency, 7255-7257 02-3786 Geological Geological Survey NOTICES Grant and cooperative agreement awards: High Altitude Mapping Missions, Inc., 7189-7190 02-3736 Minerals Information Institute, 7190 02-3735 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration NOTICES Meetings: Vital and Health Statistics National Committee, 7182-7183 02-3753 Housing Housing and Urban Development Department NOTICES Agency information collection activities:
Proposed collection; comment request, 7185-7187 02-3697 02-3698 Indian Indian Affairs Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 7190 02-3688 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service IRS Internal Revenue Service NOTICES Agency information collection activities: Proposed collection; comment request, 7215-7218 02-3820 02-3821 02-3822 02-3823 International International Trade Administration NOTICES Antidumping:
Large newspaper printing presses and components, assembled or unassembled, from— Japan, 7133-7134 02-3806 International International Trade Commission NOTICES Administrative protective orders; breaches, sanctions, etc., 7196-7197 02-3942 Justice Justice Department See Antitrust Division See Drug Enforcement Administration See Justice Programs Office NOTICES Pollution control; consent judgments: PSEG Fossil LLC, 7197 02-3803 Specialty Minerals, Inc., et al.; correction, 7197-7198 02-3802 Justice Justice Programs Office NOTICES Grants and cooperative agreements; availability, etc.:
Serious and Violent Offenders Reentry Initiative; correction, 7203 02-3785 Labor Labor Department See Employment Standards Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Phillips County, NM; Zortman and Landusky Mines, 7191 02-3690 Environmental statements; notice of intent: Ivanpah Energy Center, NV, 7191-7192 02-3794 Withdrawal and reservation of lands: Nevada, 7192 02-3825 New Mexico, 7192-7193 02-3689 02-3691 Legal Legal Services Corporation NOTICES Reports and guidance documents; availability, etc.:
LSC Regulations Review Task Force Report, 7204-7205 02-3666 Minerals Minerals Management Service NOTICES Outer Continental Shelf operations: Central Gulf of Mexico— Oil and gas lease sales, 7193-7196 02-3818 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Electronic listing of vehicles available for use by more than one agency, 7255-7257 02-3786 NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Advanced Hi-Temp Strain Sensors, 7205 02-3684 Critical Care Innovations, Inc., 7205 02-3686 Smart Material Corp., 7205 02-3685 Williams Electrical Systems Co., 7205 02-3687 National Agricultural National Agricultural Statistics Service NOTICES Committees; establishment, renewal, termination, etc.:
Agriculture Statistics Advisory Committee, 7128 02-3800 National National Council on Disability NOTICES Meetings, 7206 02-3709 National Credit National Credit Union Administration RULES Credit unions: Organization and operations— Loan interest rates, 7057-7059 02-3701 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Caribbean, Gulf of Mexico, and South Atlantic fisheries— Gulf of Mexico reef fish and Gulf of Mexico and South Atlantic coastal migratory pelagic resources, 7123-7124 02-3817 Importation, exportation, and transportation of wildlife:
Incidental take permits— Chewuch River, WA; habitat conservation plan, 7122-7123 02-3815 NOTICES Committees; establishment, renewal, termination, etc.: International Whaling Commission, 7134 02-3824 Marine mammals: Incidental taking; authorization letters, etc.— Tuna caught in Eastern Tropical Pacific Ocean purse seine fishery where no dolphins were killed or seriously injured; dolphin-safe labeling standard, 7134-7138 02-3798 Meetings: South Atlantic Fishery Management Council, 7138-7139 02-3814 Permits:
Marine mammals, 7139-7140 02-3816 National Science National Science Foundation NOTICES Meetings: DOE/NSF Nuclear Science Advisory Committee, 7206 02-3787 Nuclear Nuclear Regulatory Commission PROPOSED RULES Fitness-for-duty programs, 7093 02-3679 NOTICES Environmental statements; availability, etc.: Entergy Nuclear Operations, Inc., 7206-7207 02-3751 Meetings: Nuclear Waste Advisory Committee, 7207-7208 02-3752 Pension Pension Benefit Guaranty Corporation RULES Single-employer plans:
Allocation of assets— Interest assumptions for valuing and paying benefits, 7076-7078 02-3779 NOTICES Multiemployer plans: Interest rates and assumptions, 7208 02-3780 Personnel Personnel Management Office RULES Employment: Recruitment and selection through competitive examination, 7055-7056 02-3621 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration SEC Securities and Exchange Commission NOTICES Meetings;
Sunshine Act, 7208 02-3829 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 7209 02-3715 Philadelphia Stock Exchange, Inc., 7209-7210 02-3714 SBA Small Business Administration NOTICES Agency information collection activities: Proposed collection; comment request, 7210 02-3710 02-3778 Disaster loan areas: Kansas, 7210-7211 02-3712 Missouri, 7211 02-3713 Oklahoma, 7211 02-3711 Statistical Statistical Reporting Service See National Agricultural Statistics Service Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:
Burlington Northern & Santa Fe Railway Co., 7211-7212 02-3784 Corman, Richard J., 7212 02-3672 CSX Transportation, Inc., 7212-7213 02-3670 R.J. Corman Equipment Co., LLC, 7213 02-3671 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board PROPOSED RULES Computer reservation systems, carrier-owned; expiration date extension, 7100-7104 02-3924 Treasury Treasury Department See Customs Service See Fiscal Service See Internal Revenue Service NOTICES Information sharing practices among financial institutions and their affiliates; study; comment request, 7213-7215 02-3781 Separate Parts In This Issue Part II Federal Reserve System, 7221-7254 02-3322 02-3323 Part III Defense Department;
General Services Administration; National Aeronautics and Space Administration, 7255-7257 02-3786 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 32 Friday, February 15, 2002 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 332 RIN 3206-AJ52 Recruitment and Selection Through Competitive Examination AGENCY:
Office of Personnel Management. ACTION: Interim regulation with request for comments. SUMMARY: The Office of Personnel Management (“OPM”) is issuing an interim regulation to allow agencies to decide how candidates are referred for competitive appointment when agencies fill multiple vacancies simultaneously. We are codifying a long-standing practice (based on 5 U.S.C. 3301 and 3302) of providing agencies with the option of either certifying a candidate for only one vacancy at a time, or certifying a candidate simultaneously for all vacancies for which that candidate expresses an interest, is eligible, and is within reach.
EFFECTIVE DATE: This regulation is effective February 15, 2002. We will consider written comments received by April 16, 2002. ADDRESSES: Send or deliver written comments to Ellen E. Tunstall, Assistant Director for Employment Policy, U.S. Office of Personnel Management, 1900 E Street NW., Room 6551, Washington, DC 20415-9500. FOR FURTHER INFORMATION CONTACT: Suzy M. Barker, Director, Examination and Qualifications Policy Division, on
(202)606-0830, or FAX
(202)606-0390. SUPPLEMENTARY INFORMATION: For decades—dating back to at least the establishment of the Federal Service Entrance Examination in 1955—OPM has had the option of using two alternative methods of certifying candidates for competitive appointments. When OPM began delegating the responsibility for certification to other examining units (delegated examining units—DEUs), we provided the DEUs with these two options as well. The first option permits agencies to refer a candidate's name out on only one certificate at a time by temporarily removing the candidate from the list of eligibles while the candidate's name is out on that certificate. The second option, known as “dual certification,” requires that agencies simultaneously list a candidate on all certificates for which the candidate expresses an interest, is eligible, and is within reach. Under the “dual certification” option, there is no limit to the numbers of certificates on which a candidate can be referred simultaneously. OPM's long-standing policy on the certification options available to agencies is discussed in detail in OPM's Delegated Examining Operations Handbook (DEOH). It derives from OPM's authority, based on delegations for the President, to “prescribe such regulations for the admission of individuals into the civil service in the executive branch as will best promote the efficiency of that service” (5 U.S.C. 3301(1); see also 5 U.S.C. 3302(5), requiring OPM to prescribe regulations necessary for the administration of competitive service examinations). As described in the DEOH, in most circumstances, when filling multiple jobs either from a standing inventory or under case examining where there are multiple grade levels and/or geographic locations, an agency may invoke either of the previously-discussed options. To illustrate the practical effect of this practice, consider that an agency has established a standing inventory for the position of Border Patrol Agent at grade levels GS-5 and 7. The inventory services the agency nationwide. Three selecting officials request a list of eligibles for a GS-5 position on the same day. The positions are in San Diego, El Paso, and Miami. Using the dual certification method, the top three candidates—who were qualified for GS-5 at all three locations—are referred to all three locations and the selecting officials would consider the same candidates. The same candidate could be selected by more than one official, both limiting the choice of the selecting official and delaying hiring. Limiting choices and delaying hiring are never good options, especially in times such as these. Agencies have urgent needs right now in the areas of law enforcement, security, and investigative personnel. There is also a direct impact on the lists of eligibles used to fill specific positions including, but not limited to, Border Patrol Agents, U.S. Marshals, and Criminal Investigators. Other positions filled from standing inventories include, for example, Veterinary Medical Officers who work in over 6,000 food processing plants nationwide, Defense Commissary Managers throughout the world, and Internal Revenue Service Tax Examiners employed throughout the United States. All play an important part during these extraordinary times. Providing agencies with the option of choosing either certification method has a number of advantages. Specifically, it gives agencies the means with which to: • Use the examining system most efficiently and effectively in any given situation. Fore example, where multiple vacancies are being filled in multiple geographic locations, dual certification is often grossly inefficient. In these instances, the same candidates are referred for each vacancy and, consequently, several selecting officials often select the same candidates. Until a candidate actually accepts an offer of employment, he or she blocks the ability of the other two selecting officials to fill their vacancies, and the opportunity for other candidates to be considered. Moreover, the same scenario often occurs repeatedly as selecting officials go through their lists. The result is substantial delay, especially when filling positions in less desirable locations; • Increase the credibility of the Federal hiring system. Agencies can ensure that their selecting officials are given bona fide candidates from which to select. On many occasions, the dual certification method does not allow agencies to provide their selecting officials with meaningful choices. Likewise, job candidates are more likely to receive timely consideration and notification regarding selection; • Protect the Merit System Principles. These principles require, among other things, that the Federal work force be sued efficiently and effectively and that all applicants for employment receive fair and equitable treatment. Providing agencies with a choice of certification options is in keeping with these principles; • Improve the efficiency of the referral process for both the agency and the candidate. In certain situations, especially where several vacancies are being filled at different grade levels in different geographic locations, the dual certification process creates uncertainty as to which candidates are being considered by which selecting official for which location. Providing agencies with an option of certification procedures assists immeasurably in promoting the efficiency of the hiring process. • Establish a mechanism through which agencies can reduce the high rate of declinations that occur because not all candidates are really interested in all the vacancies for which they may be referred. For example, when applicants for Immigration Inspector positions with the Immigration and Naturalization Service were given the opportunity to be considered for all geographic locations, nearly 80% of those individuals who were offered positions declined. On the other hand, when applicants for these positions were limited in the number of geographic locations for which they could ask to be considered, the declination rate dropped to approximately 40%; • Meet the Federal government's primary objectives, as set forth by the President. This practice is citizen-centered, results-oriented and market-based. It gives agencies a choice of referral methods and thus an opportunity to select the method that puts the best people into vacant positions as quickly and efficiently as possible while providing job applicants with fast, fair and equitable consideration. This, in turn, allows agencies to better serve the needs of citizens; and • Lower costs to the taxpayer significantly and lessen the burden on human resources personnel. Recently, it was brought to our attention that OPM's regulations make so specific provision for any certification method other than referral from the top of the list of eligibles based on score. This amendment rectifies that technical deficiency, but will not otherwise change the way in which candidates have historically been rated, ranked, and considered for competitive service jobs. OPM has broad authority under the law and the Civil Service Rules to conduct open, competitive examinations. We will continue to administer an efficient, effective examining program that attempts to balance the rights of individuals and the needs of agencies so we can better serve the public. 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. Waiving proposed regulations will help agencies continue to fill critical positions. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities (including small businesses, small organizational units, and small governmental jurisdictions) because the regulations apply only to appointment procedures for employees in Federal agencies. E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. List of Subjects 5 CFR Part 332 Government employees. Office of Personnel Management, Kay Coles James, Director. Accordingly, OPM is amending part 332 of title 5, Code of Federal Regulations, as follows: PART 332—RECRUITMENT AND SELECTION THROUGH COMPETITIVE EXAMINATION 1. The authority citation for part 332 continues to read as follows: Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218. Subpart D—Consideration for Appointment 2. Section 332.402 is revised to read as follows: § 332.402 Referring candidates for appointment. OPM or a Delegated Examining Unit
(DEU)will refer candidates for consideration by simultaneously listing a candidate on all certificates for which the candidate is interested, eligible, and within reach, except that, when it is deemed in the interest of good administration and candidates have been so notified, OPM or a DEU may choose to refer candidates for only one vacancy at a time. Selecting officials will receive sufficient names, when available, to allow them to consider at least 3 candidates for each vacancy. [FR Doc. 02-3621 Filed 2-14-02; 8:45 am]
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Interim regulation with request for comments
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