Unknown. Interim rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-08-13.xml --- 67 156 Tuesday, August 13, 2002 Contents Agriculture Agriculture Department See Food Safety and Inspection Service See Forest Service NOTICES Committees; establishment, renewal, termination, etc.: Research, Education, and Economics Task Force, 52703 02-20467 Grants and cooperative agreements; availability, etc.: National Sheep Industry Improvement Center, 52703-52705 02-20402 Antitrust Antitrust Division NOTICES National cooperative research notifications:

Auto Body Consortium, Inc., 52744 02-20408 IMS Global Learning Consortium, Inc., 52744 02-20413 International Pharmaceutical Aerosol Consortium for Toxicology Testing, 02-20414 52744-52745 02-20416 Petrotechnical Open Software Corp., 52745 02-20407 02-20410 Portland Cement Association, 52745 02-20411 Salutation Consortium, Inc., 52744-52745 02-20417 Semiconductor Equipment and Materials International, 52746 02-20415 VSI Alliance, 52746 02-20412 XtremeSpectrum Inc., 52746 02-20409 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Submission for OMB review; comment request, 52724-52725 02-20427 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department NOTICES Agency information collection activities: Proposed collection; comment request, 02-20469 52725-52726 02-20470 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 52709 02-20668 Coast Guard Coast Guard RULES Ports and waterways safety: Lake Erie— Perry, OH; security zone, 52606-52611 02-20479 02-20483 Seabrook Nuclear Power Plant, NH; security zone, 52607-52609 02-20482 NOTICES Organization, functions, and authority delegations:

Great Lakes Pilotage Office relocation; study, 52770-52771 02-20480 Commerce Commerce Department See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Commodity Futures Trading Commission PROPOSED RULES Commodity Exchange Act: Customer funds; deposit in foreign depositories and in currencies other than U.S. dollars, 52641-52659 02-20471 NOTICES Meetings: Managed funds issues; public roundtable, 52710 02-20472 Consumer Consumer Product Safety Commission NOTICES Settlement agreements:

Briggs & Stratton Corp., 52710-52712 02-20496 Defense Defense Department See Navy Department Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Alternative Financing Mechanisms Program, 52837-52839 02-20475 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.: Glass Industry of the Future, 52712-52713 02-20458 Plasma Physics Junior Faculty Development Program, 52713-52714 02-20457 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Secondary aluminum production Withdrawn, 52616-52617 02-20448 Air quality implementation plans; approval and promulgation; various States: California, 52611-52615 02-20349 Indiana, 52615-52616 02-20345 Solid wastes: Hazardous waste; identification and listing— Exclusions, 52617-52626 02-20352 PROPOSED RULES Air pollution control; new motor vehicles and engines Light-duty vehicles and trucks and heavy duty vehicles and engines; on-board diagnostic systems and emission-related repairs; document availability, 52696 02-20451 Air pollution, hazardous; national emission standards:

Surface coating of miscellaneous metal parts and products, 52779-52826 02-14759 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Idaho, 52666-52674 02-20449 Air quality implementation plans; approval and promulgation; various States: California, 52665-52666 02-20350 Indiana, 52666 02-20346 Solid wastes: National Environmental Performance Track Program— Hazardous waste generator facilities; reporting requirements, 52674-52696 02-20347 NOTICES Agency information collection activities:

Proposed collection; comment request, 52716-52721 02-20450 02-20453 02-20454 Privacy Act: Systems of records, 52721-52722 02-20452 Executive Executive Office of the President See Trade Representative, Office of United States Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Florida Power & Light Co. et al., 52714-52716 02-20406 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 52722 02-20397 Formations, acquisitions, and mergers, 52722-52723 02-20398 FTC Federal Trade Commission NOTICES Prohibited trade practices:

Microsoft Corp., 52723-52724 02-20473 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Senior Executive Service: Performance Review Board; membership, 52772 02-20401 Food Food and Drug Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 52726-52729 02-20431 Food Food Safety and Inspection Service NOTICES Meetings: Codex Alimentarius Commission— Processed Fruits and Vegetables Codex Committee, 52705-52706 02-20445 Forest Forest Service NOTICES Environmental statements; notice of intent:

Carson National Forest, NM, 52706-52709 02-20399 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 Inspector General Office, Health and Human Services Department See National Institutes of Health PROPOSED RULES Equal Access to Justice Act; implementation, 52696-52702 02-20307 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Regional AIDS Education and Training Centers, 52729-52730 02-20556 Housing Housing and Urban Development Department RULES Manufactured housing program; fee modification, 52831-52835 02-20526 NOTICES Grant and cooperative agreement awards: Indian Community Development Block Grant Program, 52734-52736 02-20394 Urban Scholars Fellowship Program, 52736-52737 02-20395 Immigration Immigration and Naturalization Service PROPOSED RULES Executive Office for Immigration Review: Aliens with criminal convictions before April 1, 1997; relief from deportation or removal, 52627-52633 02-20403 NOTICES Agency information collection activities:

Proposed collection; comment request, 52746-52747 02-20476 Indian Indian Affairs Bureau RULES Education: Indian School Equalization Program, 52827-52830 02-20497 Inspector Inspector General Office, Health and Human Services Department NOTICES Program exclusions; list, 52730-52733 02-20425 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau 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, 52772-52777 02-20488 02-20492 02-20495 International International Trade Commission NOTICES Import investigations: Lens-fitted film packages, 52741-52742 02-20430 Meetings; Sunshine Act, 52742 02-20577 Justice Justice Department See Antitrust Division See Immigration and Naturalization Service See Justice Programs Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 52742-52743 02-20439 02-20442 Justice Justice Programs Office NOTICES Agency information collection activities:

Proposed collection; comment request, 52747-52748 02-20443 Labor Labor Department See Pension and Welfare Benefits Administration NOTICES Grants and cooperative agreements; availability, etc.: International Labor Reporting Initiative, 52748-52761 02-20463 Land Land Management Bureau NOTICES Environmental statements; notice of intent: Imperial Irrigation District, CA; New California Desert Southwest Transmission Line Project, 52737-52738 02-20418 Realty actions; sales, leases, etc.:

Nevada, 52738 02-20419 Maritime Maritime Administration NOTICES Cargo Preference Act of 1954; administrative waivers: Cargo carriage by non-qualified U.S.-flag vessels; non-availability waiver request, 52771 02-20487 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.: Gulf of Mexico OCS— Oil and gas operations, 52738-52740 02-20438 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council Biological and Physical Research Committee, 52762-52763 02-20460 National Archives National Archives and Records Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 52763 02-20432 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 52733 02-20420 National Institute of Nursing Research, 52733-52734 02-20422 Scientific Review Center, 52734 02-20421 NOAA National Oceanic and Atmospheric Administration NOTICES Environmental statements; availability, etc.: San Francisco Bay National Estuarine Research Reserve, CA, 52709 02-20641 Navy Navy Department NOTICES Ships available for donation:

Patrol combatant ex-CANON, 52712 02-20423 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 52764 02-20555 *Applications, hearings, determinations, etc.:* Duke Energy Corp., 52763-52764 02-20433 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 52709-52710 02-20424 Pension Pension and Welfare Benefits Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 52762 02-20462 Personnel Personnel Management Office RULES Awards: Senior career employees and Senior Executive Service career members; Presidential Rank Awards and other awards, 52595-52597 02-20435 NOTICES Excepted service: Schedules A, B, and C; positions placed or revoked— Update, 52764-52766 02-20434 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

Albuquerque Drinking Water Project, NM; hearings, 52740-52741 02-20429 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Options Clearing Corp., 52766-52767 02-20405 SBA Small Business Administration RULES Small business size standards: North American Industry Classification System; adoption, 52597-52606 02-20357 PROPOSED RULES Small business size standards: North American Industry Classification System; adoption, 52633-52641 02-20358 NOTICES Disaster loan areas:

Texas; correction, 52767 02-20461 State State Department NOTICES Art objects; importation for exhibition: Modigliani and the Artists of Montparnasse, 52767 02-20474 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Iowa, 52659-52664 02-20464 02-20465 Texas, 52664-52665 02-20466 Trade Trade Representative, Office of United States NOTICES World Trade Organization: Dispute settlement panel establishment requests— European Communities; steel products; safeguard measures, 52767-52769 02-20396 Transportation Transportation Department See Coast Guard See Maritime Administration See Transportation Security Administration NOTICES Aviation proceedings:

Agreements filed; weekly receipts, 52769 02-20485 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 52769 02-20486 Reports and guidance documents; availability, etc.; U.S. passenger airlines agreements— United Airlines and US Airways; comment request and comment procedures, 52770 02-20441 Security Transportation Security Administration NOTICES Agency information collection activities: Proposed collection; comment request, 52772 02-20484 Treasury Treasury Department See Fiscal Service See Internal Revenue Service Separate Parts In This Issue Part II Environmental Protection Agency, 52779-52826 02-14759 Part III Interior Department, Indian Affairs Bureau, 52827-52830 02-20497 Part IV Housing and Urban Development Department, 52831-52835 02-20526 Part V Education Department, 52837-52839 02-20475 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. 67 156 Tuesday, August 13, 2002 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 451 RIN 3206-AJ65 Awards AGENCY: Office of Personnel Management. ACTION: Interim rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing interim regulations to amend the rules governing Presidential Rank Awards to implement the Treasury and General Government Appropriations Act of 2002 which extends eligibility for Presidential Rank Awards to certain senior career employees. The regulations also incorporate existing requirements pertaining to rank awards for career members of the Senior Executive Service

(SES)currently found in guidance that OPM provides annually to agencies and previously included in the former Federal Personnel Manual. The amendments will also enhance the clarity of the regulations and improve readability. DATES: *Effective Date:* The interim regulations are effective on September 12, 2002. *Comments Date:* Comments must be received on or before October 15, 2002. ADDRESSES: Send or deliver written comments to Joyce Edwards, Director, Office of Executive Resources Management, U.S. Office of Personnel Management, 1900 E Street NW., Room 6484, Washington, DC 20415. FOR FURTHER INFORMATION CONTACT: Anne Kirby,

(202)606-1610, or e-mail to *SESmgmt@opm.gov* . SUPPLEMENTARY INFORMATION: The regulations amend part 451 to add a new subpart, subpart C—Presidential Rank Awards. This new subpart incorporates current requirements for awards for members of the Senior Executive Service

(SES)found in subpart B—Presidential Awards, as well as new requirements for awards for senior career employees. Background Each year, the President may award the ranks of *Distinguished Executive* and *Meritorious Executive* to a small select group of career members of the Senior Executive Service

(SES)to recognize sustained, extraordinary leadership accomplishments. The Office of Personnel Management administers the rank award program for the President. Agency heads submit nominations for rank awards to OPM, which reviews the nominations and recommends to the President which nominees should receive the awards, in accordance with 5 U.S.C. 4507 and regulations currently at 5 CFR part 451, subpart B. Section 4506 of title 5 authorizes OPM to prescribe regulations and instructions to implement the Presidential Rank Awards program. Ranks for Senior Career Employees Section 641 of the Treasury and General Government Appropriations Act of 2002 (Pub. L. 107-67, enacted 11-12-01) extended eligibility for Presidential Rank Awards to certain senior career employees. This new provision is codified in a new section of Chapter 45 of title 5 (5 U.S.C. 4507a). The public law defines a “senior career employee” as an individual appointed to a position classified above GS-15 and paid under 5 U.S.C. 5376, who is not serving under a time-limited appointment or in a position that is excepted from the competitive service because of its confidential or policy-making character. Senior career employees are individuals who occupy Senior-Level

(SL)or Scientific-Professional

(ST)positions. Agency heads may nominate senior career employees to be awarded the ranks of *Distinguished Senior Professional* for sustained extraordinary accomplishment and *Meritorious Senior Professional* for sustained accomplishment in a manner similar to the nominations of career members of the SES. In accordance with 5 U.S.C. 4507a, the regulations establish basic eligibility criteria that are consistent with criteria long-established for the SES. These eligibility requirements are:

(1)Hold a career appointment in a Senior-Level

(SL)or Scientific-Professional

(ST)position that is subject to OPM position allocations under part 319 and paid under 5 U.S.C. 5376 on the nomination deadline set by OPM;

(2)be an employee of the nominating agency on the nomination deadline set by OPM; and

(3)have at least 3 years of career or career-type Federal civilian service above GS-15. Individuals who have been awarded a Distinguished or Meritorious rank are not entitled to receive the same rank during the next 4 fiscal years. In addition, the Governmentwide number of career senior employees awarded the rank of *Distinguished Senior Professional* may not exceed 1 percent of the total number of career appointees to OPM-allocated Senior-Level

(SL)and Scientific-Professional

(ST)positions, and the number awarded the rank of *Meritorious Senior Professional* is limited to 5 percent of the total number of career appointees to OPM-allocated Senior-Level

(SL)and Scientific-Professional

(ST)positions. As with SES nominations, agencies may nominate up to 9 percent of their career senior employees for rank awards. Generally, there should be no more than one Distinguished nominee from an agency for every five Meritorious nominees, in keeping with the proportion of awardees allowed Governmentwide. Senior career employees receiving the Distinguished rank award will receive a lump-sum payment of 35 percent of basic pay; those receiving the Meritorious rank award will receive a lump-sum payment of 20 percent of basic pay. Senior career employees will be eligible for rank awards beginning with awards granted by the President in 2003. Ranks for Members of the Senior Executive Service The regulations incorporate existing eligibility and other requirements for career members of the SES currently found in guidance and instructions that OPM provides annually to agencies on rank award nominations and that was previously included in the former Federal Personnel Manual, Supplement 920-1. Although agencies are required under 5 U.S.C. 4506 to comply with OPM regulations and instructions on award programs, we have decided to place all requirements in regulation. This is a more compact and effective way to convey the requirements and may avoid misinterpretations. The basic eligibility requirements are:

(1)The SES appointee must hold a career appointment in the SES on the nomination deadline set by OPM;

(2)the nominee must be an employee of the nominating agency on the nomination deadline set by OPM; and

(3)the nominee must have at least 3 years of career or career-type Federal civilian service at the SES level. Qualifying service includes appointments in the SES, Senior Foreign Service, the Defense Intelligence Senior Executive Service, and similar senior executive systems. Qualifying service does not include noncareer, limited term, or limited emergency appointments in the SES or their equivalent, Scientific and Professional

(ST)appointments, or Senior-Level

(SL)appointments. The number of Distinguished and Meritorious rank recipients is limited Governmentwide to a total of 6 percent of the career SES, but there is no statutory limit on the number of recipients by agency. In order to provide adequate competition, agencies may nominate up to 9 percent of their career SES appointees for rank awards. Table of Changes The following table lists the changes to the current regulations. The “current rule” column lists the regulations in the current subpart B affected by the interim regulations. The “interim rule” column shows the disposition of the current rules and new rules in the new subpart C. The third column explains the changes. Current rule Interim rule Explanation of change 451.201(c) 451.301(a) Moves current SES provisions from subpart B to the new subpart C; redesignates remaining paragraphs in 451.201. 451.203(a) 451.305(a) and

(b)Moves current OPM responsibilities for reviewing rank award nominations and making recommendations to the President from subpart B to the new subpart C; separates the responsibilities into two paragraphs; and redesignates remaining paragraphs in 451.203. 451.301(b) and

(c)Incorporates in regulation existing SES rank award eligibility requirements. These requirements have been included in annual rank award guidance and instructions to agencies and were included in the former FPM Supplement 92-1. 451.302(a) Implements new statutory provisions for rank awards for senior career employees. 451.302(b) and

(c)Provides rank award eligibility requirements for senior career employees. Requirements are consistent with those for SES members. 451.303 Implements statutory restrictions on awards for SES appointees and senior career employees, including Governmentwide limits on the number of awards that the President may grant each year and limits on how often individual employees can receive awards. 451.304 Implements statutory provisions for paying rank awards, including individual award amounts and compliance with annual aggregate compensation limits. Waiver of Notice of Proposed Rulemaking I find that good cause exists to waive the general notice of proposed rulemaking. These regulations implement section 641 of Public Law 107-67, which mandates that the amendments shall take effect for awards granted in 2003. Implementing regulations must be published and supplemental guidance issued to agencies before OPM invites agency heads to submit nominations for the 2003 rank awards. The invitations are issued annually, in July or August, in order to give agencies maximum time to carefully evaluate and select nominees and prepare supporting documentation. Agency head nominations for the 2003 awards will be due to OPM in January 2003. The waiver of proposed rulemaking is necessary to ensure timely implementation of the law as intended by Congress. E.O. 12866, Regulatory Review This interim rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities because the regulations pertain only to Federal employees and agencies. List of Subjects in 5 CFR Part 451 Decorations, medals, awards, Government employees. Office of Personnel Management. Kay Coles James, Director. Accordingly, OPM is amending 5 CFR part 451 as follows: PART 451—AWARDS 1. The authority citation for part 451 continues to read as follows: Authority: 5 U.S.C. 4302, 4501-4509, E.O. 11438, 12828. Subpart B—Presidential Awards § 451.201 [Amended] 2. Section 451.201 is amended by removing paragraph

(c)and redesignating paragraphs

(d)and

(e)as paragraphs

(c)and (d), respectively. § 451.203 [Amended] 3. Section 451.203 is amended by removing paragraph

(a)and redesignating paragraphs

(b)and

(c)as paragraphs

(a)and (b), respectively. 4. Subpart C—Presidential Rank Awards is added to read as follows: Subpart C—Presidential Rank Awards Sec. 451.301 Ranks for the Senior Executive Service. 451.302 Ranks for senior career employees. 451.303 Restrictions. 451.304 Payment of Rank Awards. 451.305 Responsibilities of the Office of Personnel Management. § 451.301 Ranks for the Senior Executive Service.

(a)The circumstances under which the President may award the rank of Distinguished Executive and Meritorious Executive to a Senior Executive Service

(SES)career appointee are set forth in 5 U.S.C. 4507.

(b)To be eligible for a rank award, a senior executive must:

(1)Hold a career appointment in the SES, as defined at 5 U.S.C. 3132(a)(4), on the nomination deadline set by OPM;

(2)Be an employee of the agency, as defined at 5 U.S.C. 3132(a)(1), on the nomination deadline set by OPM; and

(3)Have at least 3 years of career or career-type Federal civilian service at the SES level. Service need not be continuous.

(i)Qualifying service includes appointments in the SES, the Senior Foreign Service, the Defense Intelligence Senior Executive Service, and similar senior executive systems.

(ii)Qualifying service does not include noncareer, limited term, or limited emergency appointments in the SES or their equivalent, Scientific and Professional

(ST)appointments, and Senior-Level

(SL)appointments.

(c)Each agency may nominate up to 9 percent of its SES career appointees for rank awards. § 451.302 Ranks for senior career employees.

(a)The circumstances under which the President may award the rank of Distinguished Senior Professional and Meritorious Senior Professional to a senior career employee are set forth in 5 U.S.C. 4507a.

(b)To be eligible for a rank award, a senior career employee must:

(1)Hold a career appointment in a Senior-Level

(SL)or Scientific-Professional

(ST)position that is subject to OPM position allocations under part 319 of this chapter and paid under 5 U.S.C. 5376 on the nomination deadline set by OPM;

(2)Be an employee of the agency on the nomination deadline set by OPM; and

(3)Have at least 3 years of career or career-type Federal civilian service above GS-15. Service need not be continuous. Qualifying service includes appointments that are not—

(i)Time-limited; or

(ii)To positions that are excepted from the competitive service because of their confidential or policy-making character.

(c)Each agency may nominate up to 9 percent of its career senior employees for rank awards. § 451.303 Restrictions.

(a)*Governmentwide limitations* —SES. During any fiscal year—

(i)The number of career SES appointees awarded the rank of Meritorious Executive may not exceed 5 percent of the career SES; and

(ii)The number of career SES appointees awarded the rank of Distinguished Executive may not exceed 1 percent of the career SES.

(b)*Governmentwide limitations—Senior career employees.* During any fiscal year—

(i)The number of career senior employees awarded the rank of Meritorious Senior Professional may not exceed 5 percent of the total number of career appointees to OPM-allocated Senior-Level

(SL)and Scientific-Professional

(ST)positions; and

(ii)The number of career senior employees awarded the rank of Distinguished Senior Professional may not exceed 1 percent of the total number of career appointees to OPM-allocated Senior-Level

(SL)and Scientific-Professional

(ST)positions.

(c)*Frequency of awards.* Individuals awarded a Distinguished or Meritorious rank under this subpart shall not be entitled to be awarded that rank during the following 4 fiscal years. § 451.304 Payment of Rank Awards.

(a)Receipt of the Distinguished rank by an SES career appointee or a career senior employee entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under 5 U.S.C. 5376 or 5382, or any award paid under 5 U.S.C. 5384.

(b)Receipt of the Meritorious rank by an SES career appointee or a career senior employee entitles such individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under 5 U.S.C. 5376 or 5382, or any award paid under 5 U.S.C. 5384.

(c)Payment of rank awards must comply with the restrictions on annual aggregate compensation at 5 U.S.C. 5307. § 451.305 Responsibilities of the Office of Personnel Management.

(a)Annually, OPM shall establish criteria, including terms, conditions, and evaluation factors, for rank award nominations, in consultation with agencies and other stakeholders. Agencies shall nominate individuals for rank awards in accordance with OPM criteria and any other instructions.

(b)Annually, OPM shall review agency recommendations for Presidential Rank Awards for SES career appointees and senior career employees under 5 U.S.C. 4507 and 4507a, and recommend to the President which of those individuals should receive rank awards. [FR Doc. 02-20435 Filed 8-12-02; 8:45 am]

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