Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-06-14.xml --- 67 115 Friday, June 14, 2002 Contents Agricultural Agricultural Marketing Service RULES Oranges, grapefruit, tangerines, and tangelos grown in— Florida, 40837-40844 02-15063 Potatoes (Irish) grown in — Colorado, 40844-40847 02-15064 PROPOSED RULES Dates (domestic) produced or packed in— California, 40876-40879 02-15058 Limes grown in— Florida, and imported, 40876 02-15057 Specialty crops; import regulations:

Raisins, Other-Seedless Sulfured, 40879-40881 02-15059 NOTICES Reports and guidance documents; availability, etc.: Milk for manufacturing purposes and its production and processing; requirements adoption by State regulatory agencies, 40908 02-15065 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Plant-related quarantine, foreign:

Gypsy moth host material from Canada, 40874-40876 02-15074 Army Army Department NOTICES Environmental statements; availability, etc.: Base realignment and closure— Oakland Army Base, CA, 40921 02-15005 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities 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:

Submission for OMB review; comment request, 02-15013 40930-40932 02-15014 02-15015 Centers Centers for Medicare & Medicaid Services RULES Medicaid: Managed care, 40988-41116 02-14747 Rule with comment period withdrawn, 40987-40989 02-14748 NOTICES Medicaid: State plan amendments, reconsideration; hearings— Iowa, 40932-40933 02-15006 Privacy Act: Systems of records, 40933-40946 02-15004 02-15008 02-15009 Coast Guard Coast Guard RULES Ports and waterways safety: Lake Michigan— Kewaunee Nuclear Power Plant, WI; security zone, 40858-40859 02-15131 Point Beach Nuclear Power Plant, WI; security zone, 40856-40858 02-15130 Lake Ontario— Oswego, NY; security zone, 40851-40853 02-15127 Rochester, NY; security zone, 40853-40854 02-15128 Long Island Sound Marine Inspection and Captain of Port Zone, CT; regulated navigation area and safety and security zones, 40859-40861 02-15132 Saint Lawrence River, Messena, NY; temporary security zone, 40854-40856 02-15129 Tampa, FL; security zone, 40861-40863 02-15185 Regattas and marine parades:

Lake Washington, WA; Silver Dollar Casino Cup hydroplane races; safety zone, 40863-40865 02-15183 Racine Harbor, WI; fireworks display; safety zone, 40865-40867 02-15184 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 40910 02-15077 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 40909-40910 02-15069 Comptroller Comptroller of the Currency NOTICES Agency information collection activities:

Submission for OMB review; comment request, 02-15066 40981-40983 02-15067 02-15068 Customs Customs Service NOTICES Meetings: COBRA Fees Advisory Conmmittee, 40983-40984 02-15110 Defense Defense Department See Army Department See Navy Department Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 40921-40922 02-15034 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.:

Workforce Investment Act— National Farmworker Jobs Program, 40966-40970 02-15070 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 40970-40971 02-14731 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Secondary aluminum production, 41117-41124 02-14625 Air quality implementation plans; approval and promulgation; various States:

California, 40867-40870 02-14512 PROPOSED RULES Air pollutants, hazardous; national emission standards: Secondary aluminum production, 41124-41138 02-14626 02-14627 02-14628 Air quality implementation plans; approval and promulgation; various States: California, 40897 02-14511 Montana; correction, 40897-40898 02-15091 NOTICES Air programs: State implementation plans; adequacy status for transportation conformity purposes— Texas, 40922 02-15092 Environmental statements; availability, etc.:

Agency statements— Comment availability, 40923 02-15094 Weekly receipts, 40922-40923 02-15093 Superfund; response and remedial actions, proposed settlements, etc.: Escambia Wood Preserving Sites, MS, GA, and FL, 40923-40924 02-15090 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Export-Import Bank NOTICES Meetings: Advisory Committee, 40924 02-15016 FAA Federal Aviation Administration RULES Class E airspace; correction, 40985 C2-13214 PROPOSED RULES Airworthiness directives:

Boeing, 40894-40896 02-15106 Federal airways, 40896 02-14688 FCC Federal Communications Commission RULES Television broadcasting: Telecommunications Act of 1996; implementation— Cable Act reform provisions; reconsideration petitions denied, 40870 02-15082 PROPOSED RULES Radio services, special: Amateur service— Miscellaneous amendments, 40898-40907 02-14774 Radio stations; table of assignments: Alabama and Michigan, 40907 02-15098 NOTICES Agency information collection activities:

Proposed collection; comment request, 40924-40925 02-15083 Rulemaking proceedings; petitions filed, granted, denied, etc., 40925 02-15081 Federal Election Federal Election Commission PROPOSED RULES Bipartisan Campaign Reform Act; implementation: Contribution and expenditure; redefinition and regulations reorganization, 40881-40894 02-14902 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities: Proposed collection; comment request, 40925-40927 02-15051 02-15052 Submission for OMB review; comment request, 02-15053 40927-40928 02-15054 Disaster and emergency areas:

Illinois, 40928 02-15049 Michigan, 40928-40929 02-15048 Micronesia, 40929 02-15050 Missouri, 40929 02-15047 West Virginia, 40929-40930 02-15046 Federal Energy Federal Energy Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Drew River Mill, Inc., 40922 02-15023 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Clinton County, NY, 40978-40979 02-15086 Oakland County, MI, 40979 02-15085 Food Food and Drug Administration RULES Medical devices:

Obstetrical and gynecological devices— Glans sheath devices, 40848-40849 02-15042 NOTICES Agency information collection activities: Submission for OMB review; comment request, 40946-40948 02-15002 02-15043 Harmonisation International Conference; pharmaceuticals guidelines availability: Electronic common technical document specification, 40948-40949 02-15003 Q1E evaluation of stability data, 40949-40950 02-15001 S7B safety pharmacology studies for assessing potential for delayed ventricular repolarization (QT interval prolongation) by human pharmaceuticals, 40950-40951 02-15000 Stability data package for registration in climatic zones III and IV, 40951-40952 02-14999 Forest Forest Service NOTICES Meetings:

Resource Advisory Committees— Eastern Idaho, 40909 02-15040 Ravalli County, 40908-40909 02-15036 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 National Institutes of Health Housing Housing and Urban Development Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 40954-40956 02-15026 02-15027 02-15028 Grants and cooperative agreements; availability, etc.:

Facilities to assist homeless— Excess and surplus Federal property, 40956-40961 02-14722 Immigration Immigration and Naturalization Service PROPOSED RULES Nonimmigrant classes: Aliens— Special registration requirements; correction, 40985 C2-15037 Industry Industry and Security Bureau NOTICES Export transactions: List of unverified persons in foreign countries, guidance to exporters as to ”red flags” (Supplement No. 3 to 15 CFR part 732), 40910-40911 02-15095 Interior Interior Department See Reclamation Bureau IRS Internal Revenue Service PROPOSED RULES Income taxes:

Deductions and credits; disallowance for failure to file timely return; cross-reference Hearing cancelled, etc.; correction, 40896-40897 02-15107 Golden parachute payments Hearing cancelled, 40896 02-15108 International International Trade Administration NOTICES Antidumping: Cold-rolled carbon steel flat products from— France, 40911-40912 02-15099 Extruded rubber thread from— Indonesia, 40912-40913 02-15102 Frozen concentrated orange juice from— Brazil, 40913-40914 02-15100 Stainless steel plate in coils from— Taiwan, 40914-40917 02-15101 International International Trade Commission NOTICES Import investigations:

Brake rotors from— China, 40964-40965 02-15044 Steel concrete reinforcing bar from— Turkey, 40965 02-15045 Justice Justice Department See Immigration and Naturalization Service RULES Security risk assessments: Aviation Transportation and Security Act— Aviation training for aliens and other designated individuals; flight training screening, 41139-41146 02-15060 PROPOSED RULES Security risk assessments: Aviation Transportation and Security Act— Aviation training for aliens and other designated individuals; flight training screening, 41146-41152 02-15061 NOTICES Alien trainees; aviation training; provisional advance consent; rescinded, 41152-41153 02-15062 Labor Labor Department See Employment and Training Administration See Employment Standards Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 40965-40966 02-15071 Maritime Maritime Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 40971-40972 02-15025 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities: Proposed collection; comment request, 40971 02-15079 National Institute National Institute of Standards and Technology NOTICES Committees; establishment, renewal, termination, etc.:

Advanced Technology Program Advisory Committee, 40917 02-15029 Advanced Technology Visiting Committee, 40917-40918 02-15031 Malcolm Baldrige National Quality Award— Panel of Judges, 40918-40919 02-15103 Manufacturing Extension Partnership National Advisory Board, 40919-40920 02-15030 Meetings: Weights and Measures National Conference, 40920 02-15032 NIH National Institutes of Health NOTICES Meetings: National Heart, Lung, and Blood Institute, 40952-40953 02-15018 National Institute of Environmental Health Sciences, 40953 02-15019 Scientific Review Center, 40953-40954 02-15020 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

West Coast States and Western Pacific fisheries— Pacific Coast groundfish; correction, 40870-40873 02-14961 NOTICES Permits: Endangered and threatened species, 40920 02-15080 Marine mammals, 40920-40921 02-14962 Navy Navy Department NOTICES Inventions, Government -owned; availability for licensing, 40921 02-15055 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 40973 02-15087 *Applications, hearings, determinations, etc.:* North Atlantic Energy Service Corp., 40972-40973 02-15089 Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension Benefit Guaranty Corporation RULES Single-employer plans: Allocation of assets— Interest assumptions for valuing and paying benefits, 40850-40851 02-15038 NOTICES Multiemployer plans: Interest rates and assumptions, 40973-40974 02-15039 Personnel Personnel Management Office RULES Pay administration: Dual compensation reductions for military retirees; repeal, 40837 02-15012 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 02-15010 40974-40975 02-15011 Presidential Presidential Documents ADMINISTRATIVE ORDERS Belarus; continuation of waiver authority (Presidential Determination No. 2002-21 of June 3, 2002), 40833 02-15180 Vietnam; continuation of waiver authority (Presidential Determination No. 2002-22 of June 3, 2002), 40835 02-15181 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

Albuquerque Drinking Water Project, NM; hearings, 40961-40963 02-15022 Elephant Butte and Caballo Reservoirs, NM; resource management plan, 40964 02-15021 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 40975-40977 02-15076 State State Department RULES Consular services; fee schedules Correction, 40849-40850 02-15096 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Permian Basin Railways, Inc., 40979-40980 02-14952 West Texas & Lubbock Railroad Co., Inc., 40980 02-14951 Trade Trade Representative, Office of United States NOTICES World Trade Organization: Dispute settlement panel establishment requests— Japan; U.S. apples; importation restriction measures, 40977-40978 02-15078 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Customs Service See Internal Revenue Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 40980-40981 02-15017 Veterans Veterans Affairs Department RULES Adjudication; pensions, compensation, dependency, etc.: Cross-reference change in forms to be furnished, 40867 02-15075 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 40987-41116 02-14747 02-14748 Part III Environmental Protection Agency, 41117-41138 02-14625 02-14626 02-14627 02-14628 Part IV Justice Department, 41139-41153 02-15060 02-15061 02-15062 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. 67 115 Friday, June 14, 2002 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 550 and 553 RIN 3206-AI92 Repeal of Dual Compensation Reductions for Military Retirees AGENCY: Office of Personnel Management. ACTION:

Final rule. SUMMARY: The Office of Personnel Management

(OPM)is publishing final regulations recognizing the end of reductions in uniformed service (military) retired or retainer pay previously required by law of military retirees employed by the Federal Government. We are adopting the interim regulations as final without change and provide supplementary information to answer the questions we received. EFFECTIVE DATE: The regulations are effective on July 15, 2002. FOR FURTHER INFORMATION CONTACT: Laurence T. Lorenz on

(202)606-0960, FAX

(202)606-2329, or e-mail *ltlorenz@opm.gov* . SUPPLEMENTARY INFORMATION: Section 651 of the National Defense Authorization Act for Fiscal Year 2000, Public Law 106-65, repealed 5 U.S.C. 5532. This repeal ended two reductions in uniformed service (military) retired or retainer pay previously required of military retirees employed by the Federal Government. This repeal did not change other parts of the Dual Compensation Act of 1964 that gave military retirees a “fresh start” for Federal civilian employment. The law continues to limit crediting military service of retirees as civilian service for employment benefits. For military retirees, the law allows credit only for service in the armed forces during war, or service for which a campaign badge is awarded, or when disability retirement is based on disability resulting from armed conflict or in the line of duty during a war; see 5 U.S.C. 3501 and 3502(a) for retention, 6303(a) for annual leave, and 8411(c) for retirement. The law requires agencies to credit uniformed service of non-retired service members as civilian service. We received many forms of the following four questions: 1. *Do any Federal pay caps count retired military or retainer pay?* No, the remaining Federal pay caps do not count uniformed service (military) retired or retainer pay. 2. *Why can't agencies count the military service of military retirees for annual leave, retention and retirement purposes?* The Dual Compensation Act of 1964 required that retired uniformed (military) service members have a “fresh start” upon appointment to the Federal civil service. As a result, generally agencies may not use the military service of a retiree to grant civilian employment benefits. The law provides exceptions for service in the armed forces during war and campaigns and for retirements based on disability resulting from armed conflict or in the line of duty during a war. In 1999, Public Law 106-65 repealed only the dual pay limitations of the 1964 Act. 3. *What exceptions allow agencies to credit the military service of non-retirees and some military retirees as civilian service?* The law requires agencies to credit uniformed (military) service of non-retirees as civilian service. For military retirees, the law only allows credit for service in the armed forces during a war, service in a campaign for which a campaign badge is awarded or when the retirement is based on disability resulting from an armed conflict or in the line of duty during a period of war. For details about these exceptions see 5 U.S.C. 3501 and 3502(a)—retention, 6303(a)—annual leave, and 8411(c)—retirement. Federal agencies use the law and The Guide to Processing Personnel Actions, especially Chapter 6, to credit uniformed (military) service of retirees. The OPM website, *www.opm.gov/feddata/gppa/gppa.htm* , contains a copy of the Guide. 4. *May military retirees use their veterans' preference?* Yes, retirement does not change a service member's entitlement to veterans' preference in Federal hiring. 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. Executive Order 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 550 Administrative practice and procedure, Government employees, Claims, Wages. 5 CFR Part 553 Administrative practice and procedure, Government employees, Military Personnel, Retirement, Wages. U.S. Office of Personnel Management. Kay Coles James, Director. Accordingly, the interim regulations amending 5 CFR parts 550 and 553 which were published at 65 FR 19643, on April 12, 2000, are adopted as final regulations without change. [FR Doc. 02-15012 Filed 6-13-02; 8:45 am]

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