Unknown. Final rule

3,044 words·~14 min read·/register/2003/04/22/03-9831

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-04-22.xml --- 68 77 Tuesday, April 22, 2003 Contents Agricultural Agricultural Marketing Service RULES Grapes grown in— California, 19708-19711 03-9843 PROPOSED RULES Spearmint oil produced in Far West, 19755-19757 03-9844 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Rural Utilities Service Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 19833 03-9858 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 19833-19834 03-9832 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

Caribbean Basin Trade Partnership Act; short supply requests— Knitted outer fusible materials with fold line knitted into fabric and knitted inner fusible material with adhesive (thermoplastic resin) coating, 19788-19789 03-9824 Consumer Consumer Product Safety Commission NOTICES Meetings: Commission agenda and priorities/Government Performance and Results Act; public hearing, 19789-19790 03-9954 Court Court Services and Offender Supervision Agency for the District of Columbia RULES Community supervision; administrative sanctions, 19738-19739 03-9932 District of Columbia sex offender registration, 19739-19740 03-9930 DNA information; collection and use, 19741-19742 03-9931 PROPOSED RULES Acceptance of gifts, 19771-19773 03-9937 Organization, functions, and authority delegations:

Agency seal, 19770-19771 03-9936 Defense Defense Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 19790-19791 03-9836 Meetings: Armed Forces Code Committee, 19791 03-9837 Defense Intelligence Agency Joint Military Intelligence College Board of Visitors, 19791 03-9838 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-9846 19791-19792 03-9847 03-9878 Grant and cooperative agreement awards:

Postsecondary education— International Research and Studies Program, 19793-19794 03-9882 Grants and cooperative agreements; availability, etc.: Postsecondary education— Underground Railroad Educational and Cultural Program, 19794 03-9883 Special education and rehabilitative services— Rehabilitation Engineering Research Centers Program, 19921-19927 03-9939 03-9940 Special education and rehabilitative services: Individuals with Disabilities Education Act (IDEA)— Correspondence; quarterly list, 19794-19796 03-9941 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Coke ovens; pushing, quenching, and battery stacks Correction, 19885 C3-5625 Hazardous waste program authorizations: Minnesota, 19744-19746 03-9909 NOTICES Agency information collection activities; proposals, submissions, and approvals, 19810-19811 03-9912 Air pollution control; new motor vehicles and engines: California pollution control standards— Federal preemption waiver request and within-scope waiver request; decision, 19811-19813 03-9910 Grants and cooperative agreements; availability, etc.:

Comprehensive Environmental Response, Compensation and Liability Act; hazardous waste cleanup at Federal facilities; non-Federal stakeholder involvement, 19813-19815 03-9911 FAA Federal Aviation Administration RULES Airspace: Construction or alteration in vicinity of private residence of President of United States, 19730-19733 03-9886 Airworthiness directives: Consolidated, Consolidated Vultee, and Convair, 19728-19730 03-9861 Class E airspace; correction, C3-9178 19885 C3-9179 Standard instrument approach procedures, 19733-19736 03-9724 03-9725 PROPOSED RULES Airworthiness directives:

Eurocopter France, 03-9862 03-9863 19757-19766 03-9864 NOTICES Exemption petitions; summary and disposition, 03-9888 19876-19877 03-9889 Meetings: Commercial Space Transportation Advisory Committee, 19877 03-9887 RTCA, Inc., 19877 03-9892 Passenger facility charges; applications, etc.: Texarkana Airport Authority, AR, et al., 19877-19879 03-9891 Reports and guidance documents; availability, etc.: Rotor Manufacturing Induced Anomaly Database (ROMAN database); voluntarily submitted information protected from disclosure, 19879-19880 03-9890 FCC Federal Communications Commission RULES Radio frequency devices:

Ultra-wideband transmission systems; unlicensed operation, 19746-19752 03-9879 PROPOSED RULES Radio frequency devices: Ultra-wideband transmission systems; unlicensed operation, 19773-19777 03-9880 NOTICES Agency information collection activities; proposals, submissions, and approvals, 19815-19816 03-9827 03-9829 Common carrier services: Closed broadcast auction; reserve prices or minimum opening bids, etc., 19816-19820 03-10000 In-region interLATA services— SBC Communications Inc. et al; application to provide service in Nevada, 19820-19822 03-9825 Wireless telecommunications services— 220-222 MHz band; license operational status audit, 19822-19823 03-9828 Radio and television broadcasting:

Equal Employment Opportunity Form 396-A; mandatory electronic filing, 19823-19824 03-9826 Federal Emergency Federal Emergency Management Agency NOTICES Meetings: National Urban Search and Rescue Response System Advisory Committee, 19844 03-9868 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: New York Independent System Operator, Inc., et al., 19803-19805 03-9896 Occidental Chemical Corp. et al., 19805-19806 03-9895 Environmental statements; availability, etc.:

Pacific Gas & Electric Co., 19806 03-9813 Environmental statements; notice of intent: El Paso Natural Gas Co., 19806-19808 03-9894 Hydroelectric applications, 03-9897 19808-19810 03-9898 03-9900 *Applications, hearings, determinations, etc.:* Avondale Mills, Inc., 19796 03-9899 CenterPoint Energy Gas Transmission Co., 19796-19797 03-9907 CMS Trunkline Gas Co., LLC, 19797 03-9816 Dominion Cove Point LNG, LP, 19797 03-9904 Enbridge Pipelines (Louisiana Intrastate) L.L.C., 19797-19798 03-9901 Honeoye Storage Corp., 19798 03-9902 Natural Gas Pipeline Co. of America, 19798 03-9820 New England Power Pool, 19798-19799 03-9812 Northern Natural Gas Co., 19799 03-9906 Overland Trail Transmission, LLC, 19799-19800 03-9814 Overthrust Pipeline Co., 19800 03-9811 PG&E Gas Transmission, Northwest Corp., 19800 03-9821 Questar Pipeline Co., 19800-19801 03-9905 Saltville Gas Storage Co., L.L.C., 19801 03-9815 Southern Star Central Gas Pipeline, Inc., 03-9817 19801-19802 03-9903 Transcontinental Gas Pipe Line Corp., 19802 03-9818 Transwestern Pipeline Co., 19802-19803 03-9819 FMC Federal Maritime Commission NOTICES Meetings;

Sunshine Act, 19824 03-10041 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 19885 C3-9264 Banks and bank holding companies: Formations, acquisitions, and mergers, 19824 03-9834 Meetings; Sunshine Act, 19824-19825 03-10073 FTC Federal Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 19825-19826 03-9852 Premerger notification waiting periods; early terminations, 19826-19827 03-9853 Prohibited trade practices:

Pfizer Inc. and Pharmacia Corp., 19827-19831 03-9855 Snore Formula, Inc., et al., 19831-19833 03-9854 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— San Diego fairy shrimp, 19887-19917 03-9434 NOTICES Endangered and threatened species: Recovery plans— Cumberland elktoe, etc. (five freshwater mussels), 19844-19845 03-9859 Food Food and Drug Administration RULES Medical devices: Class II devices— Optical impression systems for computer assisted design and manufacturing; premarket notification exemption, 19736-19738 03-9869 PROPOSED RULES Proposed rules and actions

(84)published in Federal Register over 5 years ago; notice of intent to withdraw, 19766-19770 03-9865 NOTICES Reports and guidance documents; availability, etc.: Medical devices— Optical impression systems for computer assisted design and manufacturing of dental restorations; Class II special controls, 19834-19835 03-9870 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 19778 03-9848 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* California, 19778-19779 03-9935 GSA General Services Administration NOTICES Federal Management Regulation: Federal Real Property Profile, 19919-19920 03-9926 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration 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 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Rural Access to Emergency Devices Program, 19835-19837 03-9872 National Practitioner Data Bank: User fees; change, 19837-19838 03-9871 Homeland Homeland Security Department See Federal Emergency Management Agency Indian Indian Affairs Bureau NOTICES Committees; establishment, renewal, termination, etc.: Land Consolidation Program Working Group, 19845-19846 03-9840 Re-Engineering (To-Be) Process and Fiduciary Trust Improvement Efforts Working Group, 19846-19847 03-9839 Inspector Inspector General Office, Health and Human Services Department NOTICES Healthcare Integrity and Protection Data Bank: User fees; change, 19838-19839 03-9873 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Special Trustee for American Indians Office See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 19880-19881 03-9952 03-9953 Meetings: Taxpayer Advocacy Panels, 03-9944 19881-19883 03-9945 03-9946 03-9947 03-9948 03-9949 03-9950 03-9951 International International Trade Administration NOTICES Antidumping: Malleable iron pipe fittings from— China, 19779-19781 03-9933 Porcelain-on-steel cooking ware from— China, 19781-19782 03-9934 Export trade certificates of review, 19782-19783 03-9833 International International Trade Commission NOTICES Import investigations: Caribbean Basin Economic Recovery Act, impact on U.S. industries and consumers and beneficiary countries; annual report, 19847-19848 03-9851 Compact disc and DVD holders, 19848-19849 03-9849 Hydraulic magnetic circuit breakers from— South Africa, 19849-19850 03-9850 Labor Labor Department See Labor Statistics Bureau See Mine Safety and Health Administration See Occupational Safety and Health Administration Labor Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 19850-19851 03-9876 Legal Legal Services Corporation NOTICES Grant and cooperative agreement awards: Civil legal services to low-income clients— Ohio, 19858 03-9877 Meetings; Sunshine Act, 19858-19859 03-10065 Mine Mine Safety and Health Administration NOTICES Petitions for safety standard modifications; summary of affirmative decisions, 19851-19855 03-9842 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Bus emergency exits and window retention and release, 19752-19754 03-10040 National Institute National Institute of Standards and Technology NOTICES Meetings: Manufacturing Extension Partnership National Advisory Board, 19783-19784 03-9867 NIH National Institutes of Health NOTICES Meetings: National Heart, Lung, and Blood Institute, 03-9921 03-9922 19839 03-9923 National Institute of Biomedical Imaging and Bioengineering, 19841 03-9917 National Institute of Child Health and Human Development, 19839-19840 03-9913 National Institute of Environmental Health Sciences, 19841 03-9918 National Institute of General Medical Sciences, 19840 03-9914 National Institute of Neurological Disorders and Stroke, 03-9919 19842 03-9920 National Institute on Aging, 19840-19841 03-9916 National Library of Medicine, 19842-19843 03-9915 Patent licenses; non-exclusive, exclusive, or partially exclusive: Biosyn, Inc., 19843 03-9925 OmniViral Therapeutics LLC, 19843-19844 03-9924 NOAA National Oceanic and Atmospheric Administration NOTICES Grants and cooperative agreements; availability, etc.: South Atlantic Bight region; impacts of climate and weather, 19784-19787 03-9857 Meetings: Commercial Remote Sensing Advisory Committee, 19787-19788 03-9856 Mid-Atlantic Fishery Management Council, 19788 03-9929 Nuclear Nuclear Regulatory Commission RULES Production and utilization facilities; domestic licensing: Power reactor site or facility; partial release for unrestricted use before NRC approval of license termination plan, 19711-19728 03-9866 NOTICES Meetings; Sunshine Act, 19859-19860 03-10008 Reports and guidance documents; availability, etc.: Wisconsin; regulatory agreement with NRC, 19860-19863 03-9604 Nuclear Nuclear Waste Technical Review Board NOTICES Meetings: Yucca Mountain, NV, 19863-19864 03-9908 Occupational Occupational Safety and Health Administration NOTICES Nationally recognized testing laboratories, etc.: Detroit Testing Laboratory, Inc., 19855-19856 03-9874 TUV Product Services GmbH, 19856-19858 03-9875 Personnel Personnel Management Office RULES Pay under General Schedule: Locality pay areas; metropolitan area portion, 19707-19708 03-9831 Prevailing rate systems Correction, 19708 03-9830 RUS Rural Utilities Service NOTICES Environmental statements; availability, etc.: Georgia Transmission Corp., 19778 03-9881 SEC Securities and Exchange Commission NOTICES Securities: Collateral broker-dealers must pledge when borrowing customer securities, 19864-19865 03-9845 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 19865-19874 03-9885 Chicago Stock Exchange, Inc., 19874-19875 03-9884 Special Special Trustee for American Indians Office NOTICES Committees; establishment, renewal, termination, etc.: Land Consolidation Program Working Group, 19845-19846 03-9840 Re-Engineering (To-Be) Process and Fiduciary Trust Improvement Efforts Working Group, 19846-19847 03-9839 State State Department NOTICES Organization, functions, and authority delegations: Principal Deputy Assistant Secretary for Educational and Cultural Affairs et al., 19875 03-9938 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Pennsylvania, 19742-19744 03-9841 TVA Tennessee Valley Authority NOTICES Meetings: Regional Resource Stewardship Council, 19875-19876 03-9860 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Meetings: Homeless Veterans Advisory Committee, 19883-19884 03-9823 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 19887-19917 03-9434 Part III General Services Administration, 19919-19920 03-9926 Part IV Education Department, 19921-19927 03-9939 03-9940 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 77 Tuesday, April 22, 2003 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 531 RIN 3206-AJ62 Locality Pay Areas AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management is issuing final regulations on behalf of the President's Pay Agent to tie the metropolitan area portion of locality pay area boundaries to the geographic scope of Metropolitan Statistical Area and Consolidated Metropolitan Statistical Area definitions that are contained in the attachments to Office of Management and Budget Bulletin 99-04. EFFECTIVE DATE: These regulations will become effective on May 22, 2003. FOR FURTHER INFORMATION CONTACT: Allan Hearne,

(202)606-2838; FAX:

(202)606-4264; e-mail: *payleave@opm.gov.* SUPPLEMENTARY INFORMATION: Section 5304(f) of title 5, United States Code, authorizes the President's Pay Agent (the Secretary of Labor, the Director of the Office of Management and Budget (OMB), and the Director of the Office of Personnel Management (OPM)) to determine appropriate pay localities. The Pay Agent must give thorough consideration to the views and recommendations of the Federal Salary Council, a body composed of experts in the fields of labor relations and pay policy and representatives of Federal employee organizations. The President appoints the members of the Federal Salary Council, who submit annual recommendations to the President's Pay Agent about the locality pay program for General Schedule employees. The establishment or modification of locality pay area boundaries must conform with the notice and comment provisions of the Administrative Procedure Act (5 U.S.C. 553). Based on the Council's recommendations in 1993, the Pay Agent approved using Metropolitan Statistical Area

(MSA)and Consolidated Metropolitan Statistical Area

(CMSA)definitions as the basis for defining locality pay areas. OMB defines MSAs and CMSAs based on population size, population density, and commuting patterns. The Council also recommended and the Pay Agent approved criteria for adding adjoining areas to locality pay areas that are not already part of the MSA or CMSA as defined by OMB. Under our current regulations, the metropolitan area portion of locality pay areas changes automatically when OMB revises its metropolitan area definitions. In October 2000, the Federal Salary Council recommended that the Pay Agent revise the regulations to hold the current MSA or CMSA portion of locality pay areas constant until the Pay Agent and the Federal Salary Council have had an opportunity to review new metropolitan area definitions and new commuting patterns and other data from the 2000 census. OMB plans to revise its metropolitan area definitions substantially in 2003 based on new census data and new criteria. The Council also recommended that the Pay Agent continue to monitor counties adjacent to locality pay areas during this period and make minor adjustments in locality pay area boundaries if a particularly egregious situation justifies such action. Under the final rule, locality pay areas will no longer change automatically if OMB changes metropolitan area definitions. The new reference to the “geographic scope” of an MSA or CMSA is designed to make certain that locality pay area boundaries are not affected by county name changes or changes in the geographic boundaries of counties within the original geographic scope of the MSA. Dade County, FL, changed its name to Miami-Dade County, and the County of Broomfield, CO, recently was created out of portions of Adams, Boulder, Jefferson, and Weld Counties. All of these areas were already within the geographic scope of the Miami or Denver CMSA, as listed in attachments to OMB Bulletin 99-04, and remain covered by the existing locality pay areas. A full listing of locality pay areas is at *http://opm.gov/oca/02tables/locdef.asp.* The change to hold constant the metropolitan area portion of locality pay areas will have no effect on current locality pay area boundaries or locality rates. We received two comments on the proposal. One comment from a Federal agency concurred with the proposed rule and the other comment from a Federal employee was outside the scope of the proposal. 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 531 Government employees, Law enforcement officers, Wages. Office of Personnel Management. Kay Coles James, Director. Accordingly, OPM is amending 5 CFR part 531 as follows: PART 531—PAY UNDER THE GENERAL SCHEDULE 1. The authority citation for Part 531 continues to read as follows: Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Pub. L. 103-89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., p. 316; Subpart B also issued under 5 U.S.C. 5303(g), 5333, 5334(a), and 7701(b)(2); Subpart C also issued under 5 U.S.C. 5304, 5305, and 5553; sections 302 and 404 of the Federal Employees Pay Comparability Act of 1990 (FEPCA), Pub. L. 101-509, 104 Stat. 1462 and 1466; and section 3(7) of Pub. L. 102-378, 106 Stat. 1356; Subpart D also issued under 5 U.S.C. 5335(g) and 7701(b)(2); Subpart E also issued under 5 U.S.C. 5336; Subpart F also issued under 5 U.S.C. 5304, 5305(g)(1), and 5553; E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682; and E.O. 13106, 63 FR 68151, 3 CFR, 1998 Comp., p. 224; Subpart G also issued under 5 U.S.C. 5304, 5305, and 5553; section 302 of FEPCA, Pub. L. 101-509, 104 Stat. 1462; and E.O. 12786, 56 FR 67453, 3 CFR, 1991 Comp., p. 376. Subpart F—Locality-Based Comparability Payments 2. In § 531.602, the definitions of *CMSA* and *MSA* are revised to read as follows: § 531.602 Definitions. *CMSA* means the geographic scope of a Consolidated Metropolitan Statistical Area, as defined by the Office of Management and Budget

(OMB)in List II of the attachments to OMB Bulletin 99-04. *MSA* means the geographic scope of a Metropolitan Statistical Area, as defined by the Office of Management and Budget

(OMB)in List I of the attachments to OMB Bulletin 99-04. 3. In § 531.606, paragraph

(g)is revised to read as follows: § 531.606 Administration of locality rates of pay.

(g)In the event of a change in the geographic coverage of a locality pay area, the effective date of the change in an employee's entitlement to a locality rate of pay under this subpart is the first day of the first applicable pay period beginning on or after the date on which the change in geographic coverage becomes effective. [FR Doc. 03-9831 Filed 4-21-03; 8:45 am]

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