Unknown. Final rule

2,730 words·~12 min read·/register/2002/10/10/02-25848

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-10-10.xml --- 67 197 Thursday, October 10, 2002 Contents Agriculture Agriculture Department See Farm Service Agency See Forest Service See Rural Utilities Service Army Army Department See Engineers Corps NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Enzyme-catalyzed modifications of macromolecules in organic solvents, 63080 02-25883 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Submission for OMB review; comment request, 63104 02-25716 Grants and cooperative agreements; availability, etc.: Injury Prevention and Control Program; Core Public Health Functions Development and Support, 63104-63105 02-25752 Pro-Children Act of 1994; reauthorization under No Child Left Behind Act, 63105-63106 02-25754 Vaccine information materials: Measles, mumps, and rubella vaccines, 63106 02-25753 Coast Guard Coast Guard NOTICES Environmental statements; notice of intent:

Response Boat Replacement Project, 63189-63191 02-25792 Commerce Commerce Department See Industry and Security Bureau See National Oceanic and Atmospheric Administration Defense Defense Department See Army Department See Engineers Corps Defense Defense Nuclear Facilities Safety Board NOTICES Recommendations: Weapons laboratory support of defense nuclear complex, 63081-63082 02-25846 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 63082-63083 02-25729 Employment Employment and Training Administration NOTICES Adjustment assistance:

ADC Telecommunications, 63161 02-25773 Ansewn Footwear, 63161 02-25784 Boeing Co., 63161-63162 02-25781 Carolina Glove Co., 63162 02-25783 Ceco Door Products, 63162 02-25771 Elsevier Science, 63162 02-25774 Halliburton Energy Services, 63162-63163 02-25785 Jideco of Bardstown, 63163 02-25769 MICTEC, Inc., 63163 02-25780 Motorola, Inc., 63163-63164 02-25786 Oremet, 63164 02-25779 Ruger Equipment, Inc., 63164 02-25788 Tyco International, Ltd., 63164-63165 02-25782 Valeo Switches & Detection Systems, 63165 02-25772 Adjustment assistance and NAFTA transitional adjustment assistance:

Specialty Minerals, Inc., et al., 63157-63159 02-25787 Volex, Inc., et al., 63159-63161 02-25770 NAFTA transitional adjustment assistance: Computer Sciences Corp., 63165 02-25776 Medtronic, 63165 02-25775 Midwest Electric Products, Inc., 63165 02-25778 Valeo Switches & Detection Systems, 63165-63166 02-25777 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Florida Bay/Florida Keys integrated feasibility study; correction, 63080-63081 02-25877 Meetings:

Chief of Engineers Environmental Advisory Board, 63081 02-25878 EPA Environmental Protection Agency PROPOSED RULES Superfund program: Toxic chemical release reporting; community right-to-know— Overburden exemption; definition modification; petition denied, 63060-63064 02-25851 NOTICES Agency information collection activities: Submission for OMB review; comment request, 63083-63084 02-25859 Grants and cooperative agreements; availability, etc.: Investigator-initiated grants program, 63084 02-25863 02-25864 Meetings:

FIFRA Scientific Advisory Panel, 63084-63088 02-25860 State and Tribal Toxics Action Forum, 63088-63089 02-25862 Executive Executive Office of the President See Trade Representative, Office of United States Farm Farm Service Agency NOTICES Grants and cooperative agreements; availability, etc.: 2002 Livestock Compensation Program, 63070-63073 02-25841 FAA Federal Aviation Administration RULES Airworthiness standards: Special conditions— Boeing Model 747-400 series airplane, 63050-63054 02-25707 Noise certification standards:

Subsonic jet airplanes and subsonic transport category large airplanes Correction, 63194-63196 C2-15835 FCC Federal Communications Commission NOTICES Agency information collection activities: Proposed collection; comment request, 63089-63090 02-25768 Common carrier services: Wireless telecommunications services— 1670-1675 MHz band nationwide license auction; postponement, 63095-63096 02-25766 *Applications, hearings, determinations, etc.:* Hilco Communications, Inc., et al., 63090-63092 02-25763 Voice in the Wilderness Broadcasting, Inc., et al., 63092-63094 02-25764 Whitehall Enterprises, Inc., et al., 63094-63095 02-25765 FDIC Federal Deposit Insurance Corporation NOTICES Financial institutions in receivership; insufficiency of assets to satisfy all claims; determinations, 63096 02-25738 Federal Financial Federal Financial Institutions Examination Council NOTICES Agency information collection activities:

Proposed collection; comment request, 63096-63097 02-25737 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 63097-63099 02-25758 Prohibited trade practices: National Research Center for College and University Admissions, Inc., et al., 63099-63100 02-25757 Shell Oil Co. et al., 63100-63103 02-25756 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Blackburn's sphinx moth, 63064-63065 02-25722 Plant species from Oahu, HI, 63066-63067 02-25721 Vernal pool crustaceans and plants in California and Oregon, 63067-63069 02-25720 NOTICES Environmental statements; availability, etc.:

Incidental take permits— Chula Vista, CA; Multiple Species Conservation Program, 63147-63149 02-25727 Natural resource damage assessment plans; availability, etc.: Hudson River Superfund Site, NY, 63149-63150 02-25750 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Sponsor name and address change— Fort Dodge Animal Health, 63054-63055 02-25880 NOTICES Human drugs: New drug applications— Lilly Research Labs et al.; approval withdrawn, 63107-63108 02-25882 Reports and guidance documents; availability, etc.:

Diagnostic x-ray field size; compliance policy guide revoked, 63108 02-25881 Forest Forest Service NOTICES Environmental statements; notice of intent: Idaho Panhandle National Forests, ID, 63073 02-25748 Meetings: Resource Advisory Committees— Eastern Idaho, 63073 02-25751 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency information collection activities:

Submission for OMB review; comment request, 63103-63104 02-25840 Health Health Resources and Services Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 63109-63110 02-25725 Housing Housing and Urban Development Department PROPOSED RULES FHA programs; introduction: Federal Housing Administration Inspector Roster, 63197-63200 02-25730 NOTICES Agency information collection activities: Proposed collection; comment request, 63118-63147 02-25731 02-25732 Regulatory waiver requests; quarterly listing, 63201-63220 02-25499 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting:

All Ports, Inc., 63074-63075 02-25741 Bing Sun, 63075-63076 02-25742 Patte Sun, 63076-63078 02-25740 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International International Trade Commission NOTICES Import investigations: Cold-rolled steel products from— Argentina, 63156-63157 02-25795 Justice Justice Department See Justice Programs Office See Prisons Bureau Justice Justice Programs Office NOTICES Agency information collection activities:

Submission for OMB review; comment request, 63157 02-25719 Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Klamath Provincial Advisory Committee, 63150 02-25749 Survey plat filings: Colorado, 63150 02-25733 Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Monterey Coal Co. et al., 63166-63167 02-25762 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.:

Uniroyal Goodrich Tire Manufacturing, 63191 02-25791 NIH National Institutes of Health NOTICES Meetings: Director's Council of Public Representatives, 63110 02-25904 National Cancer Institute, 63110-63111 02-25891 02-25908 National Human Genome Research Institute, 63111 02-25912 National Institute of Allergy and Infectious Diseases, 63113-63116 02-25890 02-25901 National Institute of Child Health and Human Development, 63111-63117 02-25884 02-25913 National Institute of Dental and Craniofacial Research, 63114-63115 02-25895 National Institute of Diabetes and Digestive and Kidney Diseases, 63112-63113 02-25886 02-25887 National Institute of Environmental Health Sciences, 63117 02-25910 National Institute of Mental Health, 02-25893 63114-63117 02-25909 National Institute on Deafness and Other Communication Disorders, 63115-63116 02-25896 02-25905 Scientific Review Center, 63117-63118 02-25889 Women's Health Research Advisory Committee, 63118 02-25911 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Northeastern United States fisheries— Atlantic deep-sea red crab, 63221-63235 02-25459 West Coast States and Western Pacific fisheries— West Coast salmon, 63055-63058 02-25865 NOTICES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Reporting and recordkeeping requirements; workshops, 63078 02-25712 Permits: Endangered and threatened species, 63078-63079 02-25714 02-25715 Marine mammals, 63079-63080 02-25711 02-25713 National Park National Park Service NOTICES Environmental statements; notice of intent:

Guadalupe Mountains National Park, TX; fire management plan, 63151 02-25868 Native American human remains and associated funerary objects: Bernice Pauahi Bishop Museum, Honolulu, HI— Glass and ivory beads from Lana’i, HI, 63152 02-25874 Inventory from two sites in Lana’i, HI, 63151-63152 02-25871 California State University, Bakersfield, CA— Inventory from Crest Drive-In Site, Bakersfield, CA, 63152-63153 02-25872 Sam Noble Oklahoma Museum of Natural History, Norman, OK— Cedar pole used in Caddo Ghost Dances, 63153-63154 02-25870 UCLA Fowler Museum of Cultural History, University of California, Los Angeles, CA— Inventory from Perris and Rancho sites in Riverside County, CA, 63154 02-25873 University of Nebraska State Museum, University of Nebraska-Lincoln, Lincoln, NE— Inventory from various counties in South Dakota, 63154-63156 02-25869 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; notice of intent:

Rochester Gas & Electric Corp., 63171-63173 02-25983 Meetings: TRISO coated fuel particles; pre-Phenomena Identification and Ranking Table meeting, 63173-63174 02-25843 *Applications, hearings, determinations, etc.:* All reactor licensees, research and test reactor licensees, and spent nuclear material licensees who possess and ship spent nuclear fuel, 63167-63169 02-25842 Exelon Generation Co., LLC, et al., 63169-63170 02-25844 High Mountain Inspection Service, Inc., 63170-63171 02-25845 Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office RULES Employment: Basic pay for employees of temporary organizations, 63049-63050 02-25848 NOTICES Meetings: Federal Prevailing Rate Advisory Committee, 63174 02-25847 Prisons Prisons Bureau PROPOSED RULES Inmate control, custody, care, etc.: Health care services; fees, 63059-63060 02-25850 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 Research Research and Special Programs Administration NOTICES Hazardous materials transportation:

Safety advisories— Compressed gas cylinders; unauthorized stamping, 63191-63192 02-25790 RUS Rural Utilities Service NOTICES Environmental statements; availability, etc.: Coweta-Fayette Electric Membership Corp., 63073-63074 02-25866 Wisdom Combustion Turbine Project, IA, 63074 02-25867 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Order applications— Acacia National Life Insurance Co. et al., 63174-63180 02-25743 Self-regulatory organizations; proposed rule changes:

Chicago Stock Exchange, Inc., 63180-63181 02-25744 National Association of Securities Dealers, Inc., 63181-63183 02-25745 02-25746 Options Clearing Corp., 63183-63184 02-25747 Social Social Security Administration NOTICES Agency information collection activities: Proposed collection and submission for OMB review; comment request, 63184-63185 02-25724 Organization, functions, and authority delegations: General Council Office, 63185-63186 02-25723 Trade Trade Representative, Office of United States NOTICES Intellectual property rights protection, countries denying; identification:

Various countries, 63186-63187 02-25875 Trade Policy Staff Committee U.S.-Morocco Free Trade Agreement— Negotiations; hearing, 63187-63189 02-25876 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration Treasury Treasury Department NOTICES Meetings: Debt Management Advisory Committee, 63192-63193 02-25761 Separate Parts In This Issue Part II Housing and Urban Development Department, 63197-63200 02-25730 Part III Housing and Urban Development Department, 63201-63220 02-25499 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 63221-63235 02-25459 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. 67 197 Thursday, October 10, 2002 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 534 RIN 3206-AJ47 Basic Pay for Employees of Temporary Organizations AGENCY: Office of Personnel Management. ACTION: Final rule.

SUMMARY: The Office of Personnel Management is issuing final regulations on setting pay for employees of temporary organizations established by law or Executive order. These regulations will enable agencies to determine the rate of basic pay and locality payments for employees of temporary organizations. EFFECTIVE DATE: The regulations are effective on November 12, 2002. FOR FURTHER INFORMATION CONTACT: David Sweeney,

(202)606-2858, FAX:

(202)606-0824, or email: *payleave@opm.gov.* SUPPLEMENTARY INFORMATION: On January 25, 2002, the Office of Personnel Management

(OPM)issued interim regulations on compensation for employees of temporary organizations established by law or Executive order. ( *See* 67 FR 3581.) Section 1101 of the Floyd D. Spence National Defense Authorization Act for fiscal year 2001 (Public Law 106-398, October 30, 2000), added a new subchapter IV to chapter 31 of title 5, United States Code. Subchapter IV provides OPM with authority to establish regulations to determine the rate of basic pay for employees of temporary organizations without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code. ( *See* 5 U.S.C. 3161 (d).) The 60-day comment period for the interim regulations ended on March 26, 2002. We received no comments from either agencies or individuals. However, we are revising §§ 534.301 and 534.302 concerning the purpose and coverage of these regulations to improve readability and reduce redundancy. We are also revising § 534.304(b) to clarify that the cap on locality-adjusted rates of basic pay for employees in staff and other non-executive level positions is the rate for level IV of the Executive Schedule. This is consistent with the cap on locality rates for General Schedule employees. Other than these changes, we are adopting as final the interim rules for agencies to administer the basic pay rates for employees of temporary organizations under 5 U.S.C. part 534, subpart C. The final regulations do not apply to temporary organizations established prior to October 30, 2000. Consistent with 5 U.S.C. 3161(d), § 534.303 of these final regulations provides that the rate of basic pay for executive level positions of a temporary organization may not exceed the maximum rate of basic pay established for the Senior Executive Service

(SES)under 5 U.S.C. 5382. Employees in executive level positions must be paid locality payments under 5 U.S.C. 5304 in addition to basic pay, not to exceed the rate for level III of the Executive Schedule. Section 534.304 provides that the rate of basic pay for staff or other non-executive level positions in a temporary organization may not exceed the maximum rate of basic pay for GS-15 under 5 U.S.C. 5332. However, § 534.304(c) provides that the rate of basic pay for a senior staff position of a temporary organization may, in a case determined by the head of the temporary organization to be exceptional, exceed the maximum rate of basic pay for GS-15, but may not exceed the maximum rate of basic pay for the SES. As previously stated, staff and other non-executive positions also must be paid locality payments under 5 U.S.C. 5304, not to exceed the rate for level IV of the Executive Schedule. In setting rates of basic pay for staff and other non-executive level positions, consideration should be given to the significance, scope, and technical complexity of the position and the qualifications required for the work involved. ( *See* § 534.304 (a)(2).) This is consistent with a parallel requirement established under regulations issued by General Services Administration for setting basic pay for advisory committee members and staff under the Federal Advisory Committee Act. ( *See* 41 CFR 102-3.130.) Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 12866. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will apply only to Federal agencies and employees. List of Subjects in 5 CFR Part 534 Government employees, Hospitals, Students, Wages. Office of Personnel Management. Kay Coles James, Director. Accordingly, the Office of Personnel Management is adopting the interim rule amending part 534 of title 5 of the Code of Federal Regulations which was published at 67 FR 3581 on January 25, 2002, as final with the following changes: PART 534—PAY UNDER OTHER SYSTEMS 1.The authority citation for part 534 continues to read as follows: Authority: 5 U.S.C. 1104, 3161(d), 5307, 5351, 5352, 5353, 5376, 5383, 5384, 5385, 5541, and 5550a. 2. Sections 534.301 and 534.302 are revised to read as follows: Subpart C—Basic Pay for Employees of Temporary Organizations § 534.301 Purpose. This subpart provides rules for determining the rate of basic pay and locality-adjusted rate of basic pay for employees who are appointed to positions in temporary organizations and compensated under 5 U.S.C. 3161. Such temporary organizations are established by law or Executive order. This subpart does not provide authority to establish other forms of compensation and benefits not authorized by title 5, United States Code, or another specific statutory authority. § 534.302 Coverage. This subpart applies to employees in executive level and staff positions in temporary organizations. Such employees are not subject to the provisions applicable to General Schedule employees covered by chapter 51 and subchapter III of chapter 53 of title 5, United States Code. 3. Paragraph

(b)of § 534.304 is revised to read as follows: § 534.304 Basic pay for staff positions.

(b)Employees in staff and other non-executive level positions of temporary organizations must be paid locality payments in addition to basic pay in the same manner as employees covered by 5 U.S.C. 5304. Locality-adjusted rates of basic pay may not exceed the locality-adjusted rate of basic pay for grade GS-15 of the General Schedule under 5 U.S.C. 5304, for the locality pay area involved (not to exceed the rate for level IV of the Executive Schedule). [FR Doc. 02-25848 Filed 10-9-02; 8:45 am]

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