Unknown. Interim rulemaking

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-02-04.xml --- 68 23 Tuesday, February 4, 2003 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Agency information collection activities: Proposed collection; comment request, 5642 03-2499 Agriculture Agriculture Department See Forest Service Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Committees; establishment, renewal, termination, etc.:

Healthcare Infection Control Practices Advisory Committee, 5642 03-2487 Scientific Counselors Board, 5642-5643 03-2494 Meetings: Immunization Practices Advisory Committee, 5643 03-2491 Coast Guard Coast Guard PROPOSED RULES Ports and waterways safety: Oahu, Maui, Hawaii, and Kauai, HI; security zones, 5614-5616 03-2523 NOTICES Meetings: Towing Safety Advisory Committee, 5690-5691 03-2522 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Cambodia, 5621 03-2519 Commodity Commodity Futures Trading Commission RULES Commodity Exchange Act: Customer funds; deposit in foreign depositories and in currencies other than U.S. dollars, 5545-5562 03-2508 NOTICES Commodity Exchange Act: Exchange floor brokers and floor traders deemed to be eligible contract participants— New York Mercantile Exchange, Inc., 5621-5625 03-2507 Community Community Development Financial Institutions Fund RULES Bank Enterprise Award Program; implementation, 5716-5726 03-2336 Community Development Financial Institutions Program; implementation, 5703-5717 03-2335 NOTICES Grants and cooperative agreements; availability, etc.:

Bank Enterprise Award Program, 5726-5731 03-2337 Community Development Financial Institutions Program Financial Assistance Component, 5737-5743 03-2340 Technical Assistance Component, 5734-5738 03-2339 Community Development Financial Institutions, Native American CDFI Development, and Bank Enterprise Award Programs, 5742-5746 03-2341 Native American CDFI Development Program, 5730-5735 03-2338 Customs Customs Service NOTICES Agency information collection activities: Proposed collection; comment request, 5642, 5695-5701 03-2588 03-2589 03-2590 03-2591 03-2592 03-2593 03-2594 Defense Defense Department PROPOSED RULES Federal Acquisition Regulation (FAR):

Competitive acquisition; debriefing, 5777-5779 03-2580 Cost principles; general provisions, 5773-5776 03-2581 Economic Economic Development Administration NOTICES Trade adjustment assistance eligibility determination petitions: Mauston Tool Corp. et al., 5618 03-2486 Education Education Department NOTICES Special education and rehabilitative services: Blind vending facilities under Randolph-Shepard Act— Arbitration panel decisions, 5626-5627 03-2476 03-2477 Employment Employment and Training Administration NOTICES Adjustment assistance:

Anvil Knitwear, Inc., 5655-5656 03-2559 03-2567 Carlisle FoodService Products, 5656 03-2565 Ceramic Cooling Technologies, 5656 03-2551 Cooper Industries, Inc., 5656 03-2561 Creative Mold Co. LLC, 5656 03-2550 Dana Corp., 5657 03-2568 Employment Control, Inc., 5657 03-2566 Fiber-Line, Inc., 5657 03-2553 Gates Rubber Co., 5657 03-2562 Howmet Casting, 5657 03-2552 Jore Corp., 5657 03-2564 Magna Powertech, 5658 03-2549 Micro Component Technology, 5658 03-2558 Reliant Bolt, Inc., 5658 03-2554 Simmons Foods, 5658 03-2555 Sumco Phoenix Corp., 5658 03-2563 Vernay Laboratories, Inc., et al., 5658-5661 03-2543 VF Jeanswear L.P., 5661 03-2556 03-2557 Adjustment assistance and NAFTA transitional adjustment assistance:

Alcoa Lebanon Works, 5653 03-2545 Harvard Industries, Inc., et al., 5654-5655 03-2560 Tyco Electronics, 5655 03-2544 Labor surplus areas classification: Annual list, 5747-5771 03-2461 NAFTA transitional adjustment assistance: Bristol Bay Native Association, 03-2570 5661-5663 03-2571 03-2572 03-2573 03-2577 03-2578 03-2579 J&A Industrial Sheetmetal Co., 5663 03-2547 Midwest Electronic Products, Inc., 5663-5664 03-2548 Tritex Sportswear, Inc., 5664 03-2546 Energy Energy Department NOTICES Agency information collection activities:

Submission for OMB review; comment request, 5628 03-2509 Environmental statements; availability, etc.: Kentucky Pioneer Integrated Gasification Combined Cycle Demonstration Project, Trapp, KY, 5628-5634 03-2512 Meetings: Environmental Management Site-Specific Advisory Board— Fernald Site, OH, 5634 03-2510 High Energy Physics Advisory Panel, 5634-5635 03-2511 EPA Environmental Protection Agency NOTICES Agency information collection activities: Submission for OMB review; comment request, 5635-5638 03-2537 03-2538 03-2539 Air programs:

State implementation plans; adequacy status for transportation conformity purposes— Colorado, 5638-5639 03-2535 Reports and guidance documents; availability, etc.: Printing facilities; Title V permits; technical support document, 5639 03-2536 Executive Executive Office of the President See Trade Representative, Office of United States Farm Farm Credit Administration PROPOSED RULES Farm credit system: Borrower rights, 5595-5610 03-2506 Borrower rights; effective interest rates and related loan information; disclosure, 5587-5595 03-2401 FAA Federal Aviation Administration RULES Air carrier certification and operations:

Aging airplane safety; inspections and records reviews, 5781-5782 03-2679 Airworthiness directives: Hartzell Propeller, Inc., 5541-5542 03-2464 Airworthiness standards: Special conditions— Cirrus Design Corp. Model SR22 airplanes, 5538-5541 03-2524 PROPOSED RULES Airworthiness directives: Boeing, 5610-5613 03-2495 Class B airspace, 5613-5614 03-2526 NOTICES Advisory circulars; availability, etc.: Aging airplane inspections and records review, airplane continuing structural integrity program, and older airplanes; continued airworthiness, 5782-5783 03-2680 Very light airplane standards; joint aviation regulations, 5691 03-2525 FCC Federal Communications Commission RULES Radio stations; table of assignments:

Oklahoma, 5583-5584 03-2471 Texas, 03-2472 5584-5585 03-2473 PROPOSED RULES Radio stations; table of assignments: Arizona, 5616-5617 03-2474 Arkansas, 5617 03-2475 Federal Law Federal Law Enforcement Training Center NOTICES Meetings: National Center for State and Local Law Enforcement Training Advisory Committee, 5701 03-2492 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 5639 03-2469 Formations, acquisitions, and mergers, 5639-5640 03-2470 Meetings;

Sunshine Act, 5640 03-2678 03-2797 FTC Federal Trade Commission NOTICES Prohibited trade practices: Educational Research Center of America, Inc., et al., 5640-5642 03-2531 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Recovery plans— Holy Ghost ipomopsis, 5650 03-2488 Meetings: Trinity Adaptive Management Working Group, 5650-5651 03-2478 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Formalin solution, 5562-5563 03-2601 NOTICES Agency information collection activities:

Reporting and recordkeeping requirements, 5643 03-2600 Medical Device User Fee and Moderization Act of 2002; public docket establishment, 5643-5644 03-2604 Meetings: Pharmaceutical industry; FDA/small business town meeting, 5644-5645 03-2603 Reports and guidance documents; availability, etc.: Electronic records and electronic signatures; electronic copies; withdrawn, 5645 03-2602 Prussian blue for treatment of internal contamination with thallium or radioactive cesium, 5645-5648 03-2597 Forest Forest Service NOTICES Meetings:

Resource Advisory Committees— Crook County, 5618 03-2631 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Competitive acquisition; debriefing, 5777-5779 03-2580 Cost principles; general provisions, 5773-5776 03-2581 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Interior Interior Department See Fish and Wildlife Service NOTICES Meetings:

Invasive Species Advisory Committee, 5649-5650 03-2532 International International Trade Administration NOTICES Antidumping: Cased pencils from— China, 5619 03-2595 Overseas trade missions: 2003 trade missions— Explore BC, Vancouver, Canada, et al., 5620 03-2605 International International Trade Commission NOTICES Import investigations: Apparel from Sub-Saharan African, Caribbean Basin, and Andean countries; preferential treatment; effect, 5651-5652 03-2513 Wool articles; U.S. market conditions, 5652 03-2515 Meetings;

Sunshine Act, 5653 03-2796 Justice Justice Department See National Institute of Corrections See Prisons Bureau Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration Maritime Maritime Administration RULES Vessel documentation: Fishery endorsement; U.S.-flag vessels of 100 feet or greater in registered length, 5564-5583 03-2312 Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Freeman United Coal Mining Co. et al., 5664 03-2598 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR):

Competitive acquisition; debriefing, 5777-5779 03-2580 Cost principles; general provisions, 5773-5776 03-2581 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts National Council, 5664-5665 03-2514 National Institute National Institute of Corrections NOTICES Meetings: Advisory Board, 5653 03-2505 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 5585-5586 03-2569 NOTICES Coastal zone management programs and estuarine sanctuaries:

Consistency appeals— Islander East Pipeline Co., 5620 03-2468 National Science National Science Foundation NOTICES Meetings: Equal Opportunities in Science and Engineering Committee, 5665 03-2465 NSB Public Service Award Committee, 5665 03-2466 Proposal review meetings, 5665-5666 03-2467 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 5666 03-2712 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities:

Proposed collection; comment request, 5666 03-2504 Meetings: Reactor Safeguards Advisory Committee, 5666-5667 03-2501 03-2502 03-2503 Meetings; Sunshine Act, 5667-5668 03-2713 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 5668-5687 03-2415 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office RULES Federal Long Term Care Insurance Program, 5530-5538 03-2463 Homeland Security Act; implementation:

Voluntary separation incentive payments, 5529-5530 03-2766 NOTICES Excepted service: Schedules A, B, and C; positions placed or revoked— Update, 5687-5688 03-2462 Prisons Prisons Bureau RULES Inmate control, custody, care, etc.: Admission and Orientation Program; regulations removed, 5563-5564 03-2517 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Social Social Security Administration NOTICES Meetings:

Ticket to Work and Work Incentives Advisory Panel; correction, 5688-5689 03-2500 State State Department NOTICES Meetings: International Telecommunications Advisory Committee, 03-2533 5689-5690 03-2534 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 5648-5649 03-2489 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States RULES Andean Trade Preference Act, as amended by Andean Trade Promotion and Drug Eradication Act; countries eligibility for benefits; petition process, 5542-5545 03-2705 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Maritime Administration NOTICES Aviation proceedings:

Agreements filed; weekly receipts, 5690 03-2527 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 5690 03-2528 Treasury Treasury Department See Community Development Financial Institutions Fund See Customs Service See Federal Law Enforcement Training Center NOTICES Privacy Act: Systems of records, 5691-5695 03-2521 Separate Parts In This Issue Part II Treasury Department, Community Development Financial Institutions Fund, 5703-5746 03-2337 03-2338 03-2339 03-2340 03-2341 Part III Labor Department, Employment and Training Administration, 5747-5771 03-2461 Part IV Defense Department;

General Services Administration; National Aeronautics and Space Administration, 5773-5776 03-2581 Part V Defense Department; General Services Administration; National Aeronautics and Space Administration, 5777-5779 03-2580 Part VI Transportation Department, Federal Aviation Administration, 5781-5783 03-2679 03-2680 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 23 Tuesday, February 4, 2003 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 576 RIN 3206-AJ76 Voluntary Separation Incentive Payments AGENCY: Office of Personnel Management. ACTION: Interim rulemaking. SUMMARY:

The Office of Personnel Management

(OPM)is issuing interim regulations on voluntary separation incentive payments ( *i.e.* , “buyouts”). These regulations implement the voluntary separation incentive payment provisions of the Homeland Security Act of 2002, Public Law 107-296, which apply to most executive branch agencies. These interim regulations explain how an agency requests authority from OPM to offer voluntary separation incentive payments. They also explain how in exceptional circumstances an agency that is hiring a former employee who previously received a voluntary separation incentive payment may request that OPM waive the general requirement that the individual repay the incentive. DATES: These regulations are effective February 4, 2003. OPM will consider written comments if received no later than April 7, 2003. ADDRESSES: Send written comments to Ellen E. Tunstall, Assistant Director for Employment Policy, Office of Personnel Management, Room 6500, 1900 E Street, NW., Washington, DC 20415. FOR FURTHER INFORMATION CONTACT: Charles W. Gray at 202-606-0960, FAX at 202-606-2329, TDDY at 202-418-3134, or e-mail at *cwgray@opm.gov.* SUPPLEMENTARY INFORMATION: Section 1313(a) of the “Homeland Security Act of 2002” (Public Law 107-296, 116 Stat. 2135) amends chapter 35 of title 5, United States Code, to allow executive branch agencies, at their option, to offer voluntary separation incentive payments to surplus or displaced employees who separate by voluntary retirement or by resignation. To offer buyouts, an agency must submit a plan for OPM approval. The plan must describe how the agency will use voluntary separation incentive payments as a tool to facilitate its restructuring goals. OPM will review each agency's plan and, in consultation with the Director of the Office of Management and Budget, may make any appropriate modifications to the agency's plan for voluntary separation incentive payments. The agency must have OPM approval before using this flexibility. New subpart A of 5 CFR part 576 implements these new voluntary separation incentive payment provisions, which are codified in sections 3521 through 3523 of title 5, United States Code. A former employee who accepts any employment with the Government of the United States for compensation within 5 years after the date of separating for a voluntary separation incentive payment must repay the entire amount of the incentive payment before the first day of reemployment in the Federal service. Under exceptional circumstances, the OPM Director may, at the request of the hiring agency, waive the repayment requirement for former executive branch employees. New subpart B of 5 CFR part 576 covers both the general repayment requirement and the limited waiver provision of the Act, which are codified in section 3524 of title 5, United States Code. OPM is continuing to collect data related to this program, both for oversight purposes and to evaluate the effectiveness of the program. These regulations are published in response to the amendment of chapter 35 of title 5, United States Code, which relates to voluntary separation incentive payments. They are effective on January 24, 2003, as provided in section 1313(a)(4) of Public Law 107-296. Waiver of Notice of Proposed Rulemaking and Delay in Effective Date Pursuant to section 553(b)(3)(B) of title 5, United States Code, I find that good cause exists for waiving the general notice of proposed rulemaking because it would be contrary to the public interest to delay implementing management flexibilities which are provided by law. Section 1313(a)(4) of Public Law 107-296 provides that all of the provisions in the Department of Homeland Security Act of 2002 relating to voluntary separation incentive payments are effective 60 days from the date of enactment of the law. The law was enacted November 25, 2002. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because it affects only certain Federal employees. 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 in 5 CFR Part 576 Government employees, wages. Office of Personnel Management. Kay Coles James, Director. Accordingly, OPM is revising part 576 of title 5, Code of Federal Regulations, to read as follows: PART 576—VOLUNTARY SEPARATION INCENTIVE PAYMENTS Subpart A—Voluntary Separation Incentive Payments Sec. 576.101 Definitions. 576.102 Voluntary separation incentive payment implementation plans. 576.103 Offering voluntary separation incentive payments to employees. 576.104 Additional agency requirements. 576.105 Existing voluntary separation incentive payment authorities. Subpart B—Waiver of Repayment of Voluntary Separation Incentive Payments Sec. 576.201 Definitions. 576.202 Repayment requirement. 576.203 Waivers of the voluntary separation incentive repayment requirement. Authority: 5 U.S.C. 3521, 3522, 3523, 3524, and 3525. Subpart A—Voluntary Separation Incentive Payments. § 576.101 Definitions. Section 3521(1) of title 5, United States Code, contains the definition of *Agency,* and section 3521(2) of title 5, United States Code, contains the definition of *Employee,* as used in this subpart. § 576.102 Voluntary separation incentive payment implementation plans.

(a)Section 3522 of title 5, United States Code, specifies the information that the head of an agency must submit to the Office of Personnel Management (OPM). OPM will consult with the Office of Management and Budget

(OMB)regarding the plan and will notify the agency head in writing when the plan is approved. The agency must have OPM approval before offering incentives under this authority.

(b)In submitting a plan to OPM under section 3522(a) of title 5, United States Code, the head of an agency may submit:

(1)A specific voluntary separation incentive payment implementation plan outlining the intended use of the incentive payments, or

(2)The agency's human capital plan, which outlines the intended use of the incentive payments and the expected changes in the agency's organizational structure after the agency has completed the incentive payments.

(c)In either case, the plan must include:

(1)Identification of the specific positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category, grade level and any other factors related to the position, such as skills and knowledge;

(2)A description of the categories of employees who will be offered incentives identified by organizational unit, geographic location, occupational category, grade level and any other factors, such as skills, knowledge, or retirement eligibility;

(3)The time period during which incentives may be paid;

(4)The number and maximum amounts of voluntary separation incentive payments to be offered;

(5)A description of how the agency will operate without the eliminated or restructured positions and functions;

(6)A proposed organizational chart displaying the expected changes in the agency's organizational structure after the agency has completed the incentive payments; and

(7)If the agency has requested, or will request Voluntary Early Retirement Authority, a description of how that authority will be used in conjunction with separation incentives;

(8)If the agency is offering separation incentives under any other statutory authority, a description of how that authority is being used. § 576.103 Offering voluntary separation incentive payments to employees. Section 3523 of title 5, United States Code, covers:

(a)The basis for an agency to offer a voluntary separation incentive payment;

(b)The computation of a voluntary separation incentive payment; and

(c)The appropriations or funds that the agency uses to pay the voluntary separation incentive payment. § 576.104 Additional agency requirements.

(a)After OPM approves an agency's plan for voluntary separation incentive payments, the agency is required to immediately notify OPM of any subsequent changes in the conditions that served as the basis for the approval of the voluntary separation incentive payments. OPM will consult with OMB and notify the agency in writing if there are changes in the OPM approval of the agency plan.

(b)Agencies are required to provide OPM with interim and final voluntary separation incentive payment reports, as covered in OPM's approval letter to the agency. OPM may suspend or cancel a voluntary separation incentive payment authority if the agency is not in compliance with the reporting requirements or reporting schedule specified in OPM's letter approving that authority. § 576.105 Existing voluntary separation incentive payment authorities. As provided in section 1313(a)(3) of Public Law 107-296, any agency exercising voluntary separation incentive authority in effect on January 24, 2003, may continue to offer voluntary separation incentives consistent with that authority until that authority expires. An agency that is eligible to offer voluntary separation incentive payments under this authority and under any other statutory authority may choose which authority it wishes to use, or offer incentives under both. Subpart B—Waiver of Repayment of Voluntary Separation Incentive Payments § 576.201 Definitions. Section 3524(a) of title 5, United States Code, contains the definition of *Employment* as used in this subpart. § 576.202 Repayment requirement.

(a)Section 3524(b) of title 5, United States Code, contains the repayment requirement that applies if an executive branch employee who received a voluntary separation incentive payment as described in subpart A of this part, and accepts any employment for compensation with the Government of the United States within 5 years after the date of the separation on which the payment is based. The individual must repay the entire amount of the voluntary separation incentive payment to the agency that paid the voluntary separation incentive payment before the individual's first day of reemployment.

(b)An executive branch employee who received a voluntary separation incentive payment on or after March 30, 1994, under statutory authority other than subpart A of this part, and who accepts any employment for compensation with the Government of the United States within 5 years after the date of the separation on which the payment is based, may be required by the authorizing statute to repay the entire amount. § 576.203 Waivers of the voluntary separation incentive repayment requirement. (a)(1) Section 3524(c)(1) of title 5, United States Code, covers the conditions under which the Director of OPM may, at the request of the head of the hiring agency, waive the repayment required in § 576.202.

(2)Section 3524(a)(2) of title 5, United States Code, provides that the waiver provision under section 3524(c)(1) of title 5, United States Code, does not extend to a repayment obligation resulting from employment under a personal services contract or other direct contract.

(b)For a voluntary separation incentive payment made under statutory authority other than subpart A of this part, the agency should review the authorizing statute and, if a waiver is permitted, submit a request as specified by that statute. [FR Doc. 03-2766 Filed 1-31-03; 2:50 pm]

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