Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-01-30.xml --- 68 20 Thursday, January 30, 2003 Contents Agriculture Agriculture Department See Food and Nutrition Service See Forest Service See Rural Utilities Service Air Force Air Force Department NOTICES Meetings: Community College Board of Visitors, 4767 03-2179 Census Census Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 4755-4756 03-2090 03-2091 Civil Civil Rights Commission NOTICES Meetings;

State advisory committees: Arizona, 4755 03-2186 Texas, 4755 03-2185 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Consumer Consumer Product Safety Commission RULES Federal Hazardous Substances Act: Model rocket propellant devices used with lightweight surface vehicles; exemptions, 4697-4699 03-2205 Copyright Copyright Office, Library of Congress PROPOSED RULES Copyright Arbitration Royalty Panel rules and procedures:

Digital performance of sound recordings by preexisting subscription services; reasonable rates and terms determination, 4744-4747 03-2081 Defense Defense Department See Air Force Department PROPOSED RULES Federal Acquisition Regulation (FAR): Commercially available off-the-shelf items, 4873-4874 03-1961 Depreciation cost principle, 4875-4877 03-1962 Insurance and pension costs, 4879-4883 03-1963 NOTICES Agency information collection activities: Proposed collection; comment request, 4766 03-2160 Submission for OMB review; comment request, 4766-4767 03-2282 Education Education Department NOTICES Grantback arrangements; award of funds:

Illinois; compromise of claim intent; comment request, 4767-4768 03-2108 Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Technical Assistance ALLIANCE for Parent Centers Program, 4768-4769 03-2193 Employment Employment Standards Administration NOTICES Agency information collection activities: Proposed collection; comment request, 4797-4798 03-2283 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Defense Nuclear Facilities Safety Board recommendations:

Defense nuclear complex; weapons laboratory support, 4769 03-2165 EPA Environmental Protection Agency RULES Air quality planning purposes; designation of areas: Missouri and Illinois, 4835-4841 03-1771 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Missouri and Illinois, 4846-4860 03-1773 Air quality implementation plans; approval and promulgation; various States: Missouri, 4841-4847 03-1772 NOTICES Meetings:

Science Advisory Board, 4775-4777 03-2334 Reports and guidance documents; availability, etc.: Enforcement and Compliance History Online Web site, 4777 03-2177 Toxic and hazardous substances control: New chemicals— Receipt and status information, 4777-4785 03-2170 03-2171 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Boeing, 4731-4737 03-2097 Bombardier, 4737-4739 03-2098 Dassault, 4739-4741 03-2148 Empresa Brasileira de Aeronautica S.A.

(EMBRAER), 4725-4727 03-2096 Honeywell, 4730-4731 03-2094 McDonnell Douglas, 4727-4729 03-2095 Colored Federal airways, 4741-4742 03-2189 VOR and colored Federal airways, 4742-4743 03-2190 NOTICES Meetings: RTCA, Inc., 4811-4812 03-2187 Reports and guidance documents; availability, etc.: Transport category airplanes— Strengthened flightdeck doors; certification, 4812 03-2188 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 4785 03-2297 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

Avista Corp. et al., 4771-4772 03-2233 Environmental statements; availability, etc.: Williston Basin Interstate Pipeline Co., 4772-4774 03-2231 Hydroelectric applications, 4774-4775 03-2234 Practice and procedure: Off-the-record communications, 4775 03-2236 *Applications, hearings, determinations, etc.:* Northeast Generation Co., 4769-4770 03-2235 Northern Natural Gas Co. et al., 4770 03-2232 Tennessee Gas Pipeline Co., 4770-4771 03-2237 Texas Gas Transmission Corp., 4771 03-2238 Federal Highway Federal Highway Administration PROPOSED RULES Transportation Equity Act for 21st Century; implementation:

Federal Lands Highway Program; transportation planning procedures and management systems— Indian Affairs Bureau and Indian Reservation Roads Program; public informational meeting, 4744 03-2355 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 4786 03-2107 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Ivermectin pour-on, 4712-4713 03-2111 NOTICES Medical devices: Class II devices— Ceramic dental restoration systems; data acquisition unit; premarket notification exemption, 4787-4788 03-2112 Reports and guidance documents; availability, etc.:

Race and ethnicity data collection in clinical trials for FDA regulated products, 4788-4789 03-2162 Food Food and Nutrition Service NOTICES Child nutrition programs: Summer Food Service Program— Reimbursement rates (2003 CY), 4751-4752 03-2113 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Louisiana Murphy Oil USA, Inc.; oil refinery complex, 4757 03-2106 Ohio, 4757 03-2105 Forest Forest Service NOTICES Environmental statements; notice of intent:

Idaho Panhandle National Forests, ID, 4752-4753 03-2150 Meetings: Resource Advisory Committees— Southwest Idaho, 4753 03-2157 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Commercially available off-the-shelf items, 4873-4874 03-1961 Depreciation cost principle, 4875-4877 03-1962 Insurance and pension costs, 4879-4883 03-1963 Government Government Ethics Office RULES Government Ethics: Post-employment conflict of interest restrictions; departmental component designations revision, 4681-4684 03-2117 Health Health and Human Services Department See Food and Drug Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 4786-4787 03-2154 Interior Interior Department See Land Management Bureau See Minerals Management Service See National Park Service See Reclamation Bureau International International Trade Administration NOTICES Antidumping: Extruded rubber thread from— Indonesia, 4757-4758 03-2197 Fresh garlic from— China, 4758-4760 03-2100 Honey from— China, 4760-4761 03-2104 03-2196 Natural bristle paint brushes and brush heads from— China, 4761-4762 03-2101 Non-frozen apple juice concentrate from— China, 4762-4763 03-2195 Polyvinyl alcohol from— China and Korea, 4763 03-2102 Stainless steel butt-weld pipe fittings from— Taiwan, 4763-4766 03-2103 International International Trade Commission NOTICES Meetings;

Sunshine Act, 4796-4797 03-2259 Justice Justice Department See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities: Proposed collection; comment request, 4797 03-2109 Labor Labor Department See Employment Standards Administration Land Land Management Bureau NOTICES Helium: Amarillo, TX; Cliffside Field; Conservation Helium sale; implementation, 4789-4792 03-2048 Meetings: National Petroleum Reserve-Alaska Research and Monitoring Advisory Team, 4792 03-2153 Library Library of Congress See Copyright Office, Library of Congress Maritime Maritime Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 4812-4813 03-2183 Submission for OMB review; comment request, 4813 03-2184 Minerals Minerals Management Service NOTICES Agency information collection activities: Proposed collection; comment request, 4792-4794 03-2145 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Commercially available off-the-shelf items, 4873-4874 03-1961 Depreciation cost principle, 4875-4877 03-1962 Insurance and pension costs, 4879-4883 03-1963 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 4798-4800 03-2114 National National Council on Disability NOTICES Meetings:

International Watch Advisory Committee; correction, 4800 03-2191 National Institute National Institute of Standards and Technology RULES National Construction Safety Team Act; implementation, 4693-4697 03-2084 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Pacific Coast groundfish; correction, 4719-4724 03-1910 PROPOSED RULES Marine mammals: Taking and importing— Eastern North Pacific Southern Resident killer whales, 4747-4750 03-2031 National Park National Park Service NOTICES Environmental statements; availability, etc.:

Big South Fork National River and Recreation Area, KY and TN, 4794 03-2086 Meetings: Acadia National Park Advisory Commission, 4794-4795 03-2089 Gettysburg National Military Park Advisory Commission, 4795 03-2087 Realty actions; sales, leases, etc.: Virginia, 4795-4796 03-2088 Nuclear Nuclear Regulatory Commission NOTICES Reports and guidance documents; availability, etc.: Decommissioning reference non-fuel-cycle facilities; revised analysis, 4801 03-2180 *Applications, hearings, determinations, etc.:* Exelon Generation Co., LLC, 4800-4801 03-2181 Personnel Personnel Management Office RULES Pay administration:

Administratively uncontrollable overtime pay, 4681 03-2192 Postal Postal Service RULES Domestic Mail Manual: Outside-country periodicals co-palletization and drop-ship classification; experimental testing, 4713-4717 03-2198 Presidential Presidential Documents PROCLAMATIONS Special observances: National Consumer Protection Week (Proc. 7643), 4885-4888 03-2366 Public Public Health Service See Food and Drug Administration Reclamation Reclamation Bureau NOTICES Closure orders: Nimbus Dam and power plant, CA, 4796 03-2156 RUS Rural Utilities Service RULES Rural Broadband Access Loans and Loan Guarantees, 4684-4692 03-2199 NOTICES *Applications, hearings, determinations, etc.:* Rural Broadband Access Loans and Loan Guarantees Program, 4753-4755 03-2200 SEC Securities and Exchange Commission RULES Securities:

Sarbanes-Oxley Act of 2002; implementation— Non-generally accepted accounting principles

(GAAP)financial measures; conditions for use, 4819-4833 03-1977 Securities, etc.: Sarbanes-Oxley Act of 2002; implementation— Audits and reviews; relevant records retention, 4861-4872 03-2118 NOTICES Investment Company Act of 1940: Exemption applications— LB Series Fund Inc. et al., 4801-4803 03-2167 Nationwide Life Insurance Co. et al., 4803-4810 03-2168 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 4810 03-2169 Social Social Security Administration RULES Social security benefits: Federal old age, survivors, and disability insurance— Changes in retirement age, 4700-4712 03-1949 State State Department NOTICES Art objects; importation for exhibition: Ernst Ludwig Kirchner (1880-1938), 4810-4811 03-2203 Van Gogh: Fields, 4811 03-2204 Foreign terrorists and terrorist organizations; designation: Lashkar i Jhangvi, 4811 03-2201 TVA Tennessee Valley Authority RULES Freedom of Information Act; implementation, 4699-4700 03-2178 NOTICES Agency information collection activities: Submission for OMB review; comment request, 4811 03-2155 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Transportation Statistics Bureau Transportation Transportation Statistics Bureau RULES Motor carrier reports: Obsolete references and minor editorial corrections, 4718-4719 03-2062 Treasury Treasury Department NOTICES Reports and guidance documents; availability, etc.: Alternative fuel vehicle acquisitions; annual reports (1999-2001 FYs), 4813 03-2182 Veterans Veterans Affairs Department NOTICES Agency information collection activities: Proposed collection; comment request, 4813-4815 03-2124 03-2126 03-2127 Submission for OMB review; comment request, 03-2120 03-2121 4816-4817 03-2122 03-2123 Meetings: Homeless Veterans Advisory Committee, 4817-4818 03-2128 Separate Parts In This Issue Part II Securities and Exchange Commission, 4819-4833 03-1977 Part III Environmental Protection Agency, 4835-4860 03-1771 03-1772 03-1773 Part IV Securities and Exchange Commission, 4861-4872 03-2118 Part V Defense Department; General Services Administration; National Aeronautics and Space Administration, 4873-4874 03-1961 Part VI Defense Department; General Services Administration; National Aeronautics and Space Administration, 4875-4877 03-1962 Part VII Defense Department; General Services Administration; National Aeronautics and Space Administration, 4879-4883 03-1963 Part VIII Executive Office of the President, Presidential Documents, 4885-4888 03-2366 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. 68 20 Thursday, January 30, 2003 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 550 RIN 3206-AJ57 Administratively Uncontrollable Overtime Pay AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management is issuing final regulations concerning the rules governing payment of administratively uncontrollable overtime

(AUO)pay. AUO is a form of premium pay paid to employees in positions in which the hours of duty cannot be controlled administratively and which require substantial amounts of irregular or occasional overtime work. This final rule permits agencies to pay AUO pay to an employee during a temporary assignment that would not otherwise warrant the payment of AUO pay, if the temporary assignment is directly related to a national emergency declared by the President. In determining the average hours used in computing future AUO payments, this final rule also excludes from consideration the time period for which AUO pay is paid during a temporary assignment. DATES: March 3, 2003. FOR FURTHER INFORMATION CONTACT: Kevin Kitchelt,

(202)606-2858; FAX:

(202)606-0824; e-mail: *payleave@opm.gov.* SUPPLEMENTARY INFORMATION: On February 13, 2002, the Office of Personnel Management issued interim regulations (67 FR 6640) to permit agencies to pay AUO pay to an employee during a temporary assignment that would not otherwise warrant the payment of AUO pay, if the temporary assignment is directly related to a national emergency. We proposed that an agency should be permitted to continue to pay AUO pay for a period of not more than 30 consecutive workdays for such a temporary assignment and for a total of not more than 90 workdays in a calendar year while on such a temporary assignment. The 90-day comment period ended on April 15, 2002. We received comments from two Federal agencies and an employee association. One agency suggested that the phrase “declared by the President” be added to the regulation at 5 CFR 550.162(g), which states that an agency may continue to pay AUO pay during a temporary assignment that would not otherwise warrant AUO pay, if the temporary assignment is directly related to a national emergency. We agree and have added the phrase “declared by the President” to 5 CFR 550.162(g). Another agency requested that we explain the relationship between the existing 60-workday annual limitation for temporary assignments in the last paragraph of 5 CFR 550.162(c) and the new 90-workday annual limitation for temporary assignments directly related to a national emergency in 5 CFR 550.162(g). The new 90-workday annual limitation is separate from the 60-workday limitation provided in 5 CFR 550.162(c). Therefore, 150 workdays is the theoretical maximum number of workdays in a calendar year during which an agency may continue to pay AUO pay for temporary assignments provided the conditions in both 5 CFR 550.162(c) and

(g)are met. The employee association provided several comments on issues that are outside the scope of the interim regulations. We are not addressing these issues in these regulations. E.O. 12866, Regulatory Review The Office of Management and Budget has reviewed this rule 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 550 Administrative practice and procedure, Claims, Government employees, Wages. Office of Personnel Management. Kay Coles James, Director. Accordingly, OPM is adopting the interim regulations amending 5 CFR part 550, published at 67 FR 6640 on February 13, 2002, as final with the following changes: PART 550—PAY ADMINISTRATION (GENERAL) Subpart A—Premium Pay 1. The authority citation for part 550, subpart A, continues to read as follows: Authority: 5 U.S.C. 5304 note, 5305 note, 5541(2)(iv), 5545a(h)(2)(B) and (i), 5548, and 6101(c); sections 407 and 2316, Pub. L. 105-277, 112 Stat. 2681-101 and 2681-828 (5 U.S.C. 5545a); E.O. 12748, 3 CFR, 1992 Comp., p. 316. 2. In § 550.162, paragraph

(g)is revised to read as follows: § 550.162 Payment provisions.

(g)Notwithstanding paragraph (c)(1) of this section, an agency may continue to pay premium pay under § 550.151 to an employee during a temporary assignment that would not otherwise warrant the payment of AUO pay, if the temporary assignment is directly related to a national emergency declared by the President. An agency may continue to pay premium pay under § 550.151 for not more than 30 consecutive workdays for such a temporary assignment and for a total of not more than 90 workdays in a calendar year while on such a temporary assignment. [FR Doc. 03-2192 Filed 1-29-03; 8:45 am]

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