Unknown. Final rule

2,968 words·~13 min read·/register/2003/10/14/03-25945

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-10-14.xml --- 68 198 Tuesday, October 14, 2003 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Natural Resources Conservation Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 59154-59159 03-25880 Air Force Air Force Department NOTICES Privacy Act: Systems of records, 59167-59170 03-25852 03-25853 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 59195-59197 03-25961 03-25962 Animal Animal and Plant Health Inspection Service RULES Plant related quarantine; domestic:

Emerald ash borer, 59082-59091 03-25881 Sapote fruit fly, 59091 03-25882 NOTICES Agency information collection activities; proposals, submissions, and approvals, 59159-59160, 59248 C3-25253 03-25883 Antitrust Antitrust Division NOTICES National cooperative research notifications: Biotechnology Research and Development Corp., 59197 03-25874 Hot Metal Gas Forming Joint Venture, 59197 03-25875 Interchangeable Virtual Instruments Foundation, Inc., 59197 03-25872 PXI Systems Alliance, Inc., 59198 03-25873 Southwest Research Institute, 59198 03-25871 Centers Centers for Disease Control and Prevention NOTICES Meetings:

Community Preventive Service Task Force, 59187 03-25981 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 59187-59189 03-25885 03-25886 Coast Guard Coast Guard RULES Drawbridge operations: Massachusetts, 59114-59116 03-25891 Outer Continental Shelf activities: Gulf of Mexico; safety zones, 59116-59118 03-25890 Ports and waterways safety: Suisun Bay, Concord, CA; security zones, 59118-59121 03-25893 PROPOSED RULES Drawbridge operations:

New Jersey, 59143-59145 03-25892 NOTICES Agency information collection activities; proposals, submissions, and approvals, 59192-59193 03-25898 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission RULES Commodity pool operators and commodity trading advisors: Registration exemption and other regulatory relief Correction, 59113-59114 03-25944 NOTICES Meetings;

Sunshine Act, 59164 03-25971 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 59164 03-25947 Defense Defense Department See Air Force Department NOTICES Meetings: President's Information Technology Advisory Committee, 59165 03-25848 Privacy Act: Systems of records Inspector General, 59165-59166 03-25851 Marine Corps, 59166-59167 03-25854 Employee Employee Benefits Security Administration NOTICES Employee benefit plans; individual exemptions:

Fifth Third Bank, 59199-59208 03-25911 Lodgian, Inc.; correction, 59208 03-25912 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: California, 59121-59123 03-25800 Kentucky, 59123-59126 03-25798 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: California, 59145-59146 03-25801 Kentucky, 59146 03-25799 NOTICES Air pollution control: Montreal Protocol; production and import phaseout of ozone depleting substances; essential use exemption applications, 59170-59172 03-25914 Meetings:

Gulf of Mexico Program Citizens Adivsory Committee, 59172 03-25937 Metals; risk assessment, 59172-59173 03-25935 Pesticide Program Dialogue Committee, 59173-59174 03-25984 Organization, functions, and authority delegations: Integrated risk information system; hotline function and reading room address, phone, and fax changes, 59174-59175 03-25936 Executive Executive Office of the President See Presidential Documents Farm Farm Credit Administration NOTICES Meetings; Sunshine Act, 59175 03-26089 FAA Federal Aviation Administration RULES Airworthiness directives:

Boeing, 59101-59104 03-25700 Eurocopter France, 59109-59112 03-25593 General Electric Co., 59104-59106 03-25864 Univair Aircraft Corp., 59106-59109 03-25699 Airworthiness standards: Special conditions— AMSAFE, Inc., Zenair Model CH2000 airplanes, 59095-59097 03-25950 Bombardier Aerospace Model BD-100-1A10 airplanes, 59098-59099 03-25951 Embraer Model ERJ-170 airplanes, 59099-59101 03-25949 Class E airspace, 03-25953 03-25954 03-25955 59112-59113 03-25957 Class E airspace; correction, 59113, 59248 C3-24607 03-25956 PROPOSED RULES Airworthiness directives:

Fokker, 59136-59137 03-25866 McDonnell Douglas, 59139-59143 03-25868 Raytheon, 59138-59139 03-25867 NOTICES Advisory circulars; availability, etc.: Polymer matrix composite system; material procurement and process specifications, 59231 03-25948 Meetings: Civil supersonic aircraft; technical workshop, 59231-59232 03-25952 Reports and guidance documents; availability, etc.: Conducting component level tests to demonstrate compliance; correction, 59248 C3-23301 Seatbacks and seatback mounted accessories compliance evaluation; use of surrogate parts, 59232 03-25958 Technical standard orders:

Personnel carrying device systems; human harnesses, 59232-59233 03-25436 FCC Federal Communications Commission RULES Common carrier services: Satellite communications— Non-geostationary satellite orbit, fixed satellite service in Ka-Band; licensing and service rules, 59128-59130 03-25599 Satellite licensing procedures; correction, 59127-59128 03-25740 Telephone Consumer Protection Act; implementation— Sending unsolicited facsimile advertisements; time limitiations, 59130-59131 03-25842 Radio broadcasting:

Mobile-satellite service and broadcast auxiliary service; 2 GHz suspension, 59131-59132 03-25870 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 59175 03-26025 Federal Emergency Federal Emergency Management Agency RULES National Flood Insurance Program: Insurance coverage and rates— Insured structures; inspection by communities, 59126-59127 03-25906 PROPOSED RULES National Flood Insurance Program: Private sector property insurers; assistance, 59146-59151 03-25905 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.:

New Jersey Transit Rail Operations, 59233 03-25896 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 59175 03-25900 Federal Reserve Bank services: Cash processing services; currency recirculation policy, 59176-59182 03-25901 FTC Federal Trade Commission NOTICES Prohibited trade practices: America Online, Inc., et al., 59182-59183 03-25902 Koninklijke DSM N.V., et al., 59183-59185 03-25903 Surgical Specialists of Yakima, P.L.L.C., et al., 59185-59187 03-25904 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-25845 59189-59190 03-25846 Meetings:

Reproductive Health Drugs Advisory Committee, 59190 03-25844 Reports and guidance documents; availability, etc.: PDUFA III Five-Year Plan, 59191 03-25965 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Illinois, 59162 03-25909 Forest Forest Service NOTICES Meetings: Oregon Coast Provincial Advisory Committee, 59160 03-25863 Reports and guidance documents; availability, etc.: National Forest System lands— Forest Service Manual; hydropower licensing procedures, 59160 03-25923 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 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 59191-59192 03-25843 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 59193-59195 03-25855 Interior Interior Department See Land Management Bureau IRS Internal Revenue Service RULES Income taxes:

Golden parachute payments; correction, 59114 03-24913 NOTICES Agency information collection activities; proposals, submissions, and approvals, 59238-59242 03-25915 03-25916 03-25920 03-25921 Meetings: Information Reporting Program Advisory Committee, 59242-59243 03-25922 Taxpayer Advocacy Panels, 59243 03-25826 International International Trade Administration NOTICES Antidumping: Stainless steel sheet and strip in coils from— Mexico, 59162 03-25910 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division See Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 59195 03-25963 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 59198-59199 03-25964 Labor Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Survey plat filings:

Illinois, 59195 03-25861 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council Biological and Physical Research Advisory Committee, 59211 03-25913 National Highway National Highway Traffic Safety Administration RULES Consumer information: Vehicle rollover resistance; dynamic rollover tests and results, 59249-59304 03-25360 Insurer reporting requirements: Insurers required to file reports; list, 59132-59135 03-25659 NOTICES Motor vehicle safety standards; exemption petitions, etc.:

Bluewater Network, 59233-59235 03-25959 Michelin North America, Inc., 59235-59236 03-25960 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico king mackerel, Spanish mackerel, and cobia, 59151-59153 03-25924 NOTICES Meetings: Pacific Fishery Management Council, 59162-59163 03-25928 Permits: Scientific research, 03-25925 59163-59164 03-25927 National Science National Science Foundation NOTICES Meetings:

Mathematical and Physical Sciences Advisory Committee, 59211-59212 03-25833 NSF-NASA National Astronomy and Astrophysics Advisory Committee, 59212 03-25834 Social, Behavioral, and Economic Sciences Advisory Committee, 59212 03-25835 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.: Lancaster County, NE, 59160-59161 03-25857 Meetings: Resource Conservation and Development Program, 59161-59162 03-25858 Nuclear Nuclear Regulatory Commission NOTICES Operating licenses, amendments; no significant hazards considerations; biweekly notices, 59212-59229 03-25742 Occupational Occupational Safety and Health Administration NOTICES Meetings:

Occupational Safety and Health Federal Advisory Council, 59209 03-25907 Nationally recognized testing laboratories, etc.: Underwriters Laboratories Inc., 59209-59211 03-25908 Personnel Personnel Management Office RULES Group life insurance, Federal employees: Premium rates and age bands; removal from regulation, 59081-59082 03-25945 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Domestic Violence Awareness Month (Proc. 7717), 59079-59080 03-26007 Public Public Debt Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 59243 03-25862 Research Research and Special Programs Administration NOTICES Meetings:

Pipeline safety— Stress corrosion cracking; workshop, 59236-59237 03-25894 Radioactive materials safe transportation, 59237 03-25895 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Pacific Exchange, Inc.; correction, 59248 C3-24753 SBA Small Business Administration RULES Freedom of Information Act; implementation, 59091-59094 03-25878 NOTICES Disaster loan areas: Texas, 59229 03-25942 Military Reservist Economic Injury Disaster Loan Program:

Loan application filing addresses— Atlanta, GA, 59229 03-25939 Ft. Worth, TX, 59230 03-25940 Niagara Falls, NY, 59230 03-25943 Sacramento, CA, 59230 03-25941 Social Social Security Administration NOTICES Organization, functions, and authority delegations: Special Programs and Services Office, 59231 03-25876 Surface Surface Transportation Board NOTICES Railroad services abandonment: Alabama Great Southern Railroad Co., 59237-59238 03-25787 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board NOTICES Aviation proceedings:

Hearings, etc.— Republic Airlines, Inc., 59231 03-25897 Treasury Treasury Department See Internal Revenue Service See Public Debt Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 59238 03-25856 Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 59243-59246 03-25836 03-25837 03-25838 03-25839 Meetings: Vocational Rehabilitation and Employment Task Force, 59246 03-25840 Senior Executive Service:

Performance Review Board; membership, 59246-59247 03-25841 Separate Parts In This Issue Part II Transportation Department, National Highway Traffic Safety Administration, 59249-59304 03-25360 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. 68 198 Tuesday, October 14, 2003 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 870 RIN 3206-AJ46 Federal Employees' Group Life Insurance Program:

Removal of Premiums and Age Bands From Regulations AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing a final rule to remove the premiums and age bands from the Federal Employees' Group Life Insurance (FEGLI) regulations. This allows OPM to make necessary premium changes on a more timely basis. EFFECTIVE DATE: November 13, 2003. FOR FURTHER INFORMATION CONTACT: Karen Leibach,

(202)606-0004. SUPPLEMENTARY INFORMATION: On April 9, 2003, OPM published a proposed rule in the **Federal Register** (68 FR 17315) to remove the premiums and age bands from the FEGLI regulations. OPM will announce future premium changes in a **Federal Register** notice and will maintain the rates on the FEGLI Web site ( *www.opm.gov/insure/life* ). This will simplify the process for making premium changes when necessary and allow for changes to be made in a more timely manner. We received no comments on the proposed regulatory change. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because the regulation only affects life insurance benefits of Federal employees and retirees. 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 870 Administrative practice and procedure, Government employees, Hostages, Iraq, Kuwait, Lebanon, Life insurance, Retirement. Office of Personnel Management. Kay Coles James, Director. Accordingly, OPM is amending 5 CFR part 870 as follows: PART 870—FEDERAL EMPLOYEES’ GROUP LIFE INSURANCE PROGRAM 1. The authority citation for part 870 is revised to read as follows: Authority: 5 U.S.C. 8716; subpart J also issued under sec. 599C, Pub. L. 101-513, 104 Stat. 2064, as amended; § 870.302(a)(3)(ii) also issued under sec. 153, Pub. L. 104-134, 110 Stat. 1321; § 870.302(a)(3) also issued under sections 11202(f), 11232(e), and 11246(b) and

(c)of Pub. L. 105-33, 111 Stat. 251 and sec. 7(e), Pub. L. 105-274, 112 Stat. 2419. Subpart D—Cost of Insurance 2. In § 870.401, revise paragraphs (a), (b)(1), and

(d)to read as follows: § 870.401 Withholdings and contributions for Basic insurance. (a)(1) The cost of Basic insurance is shared between the insured individual and the Government. The employee pays two-thirds of the cost, and the Government pays one-third.

(2)When OPM makes any adjustment to the Basic life insurance premium, it will issue a public notice in the **Federal Register.** (b)(1) During each pay period in which an insured employee is in pay status for any part of the period, the employee's share of the premium must be withheld from the employee's biweekly pay. The amount withheld from the pay of an employee who is paid on other than a biweekly basis must be computed and adjusted to the nearest one-tenth of one cent. (d)(1) For an annuitant or compensationer who elects to continue Basic insurance and chooses the maximum reduction of 75 percent after age 65 under § 870.702(a)(2), the annuitant's share of the premium is withheld monthly and the compensationer's share is withheld every 4 weeks. These withholdings stop the month after the month in which the annuitant or compensationer reaches age 65. There are no withholdings from individuals who retired or began receiving compensation before January 1, 1990, and who elected the 75 percent reduction. For the purpose of this paragraph, an individual who separates from service after meeting the requirements for an immediate annuity under 5 U.S.C. 8412(g) is considered to retire on the day before the annuity begins.

(2)An annuitant or compensationer who elects to continue Basic insurance and chooses either the reduction election of 50 percent or the election of no reduction after age 65 under § 870.702(a)(3) or

(4)pays an additional premium for the 50 percent or no reduction election. This additional premium is withheld for each $1,000 of the BIA. At age 65, the Basic premium will stop, but the annuitant or compensationer must continue to pay the additional premium for either the 50 percent or the no reduction election. 3. Revise § 870.402 to read as follows: § 870.402 Withholdings for Optional insurance. (a)(1) The insured individual pays the full cost of all Optional insurance. There is no Government contribution toward the cost of any Optional insurance.

(2)Optional insurance premiums are based on 5-year age bands beginning at age 35. The last age band for Option A is age 60+. The last age band for Options B and C is 80+. For the purpose of this subpart, effective April 24, 1999, an individual is considered to reach the next age band the 1st day of the pay period following the pay period in which his/her birthday occurs.

(3)When OPM makes any adjustment to the Optional life insurance premiums, it will issue a public notice in the **Federal Register.**

(b)During each pay period in any part of which an insured employee is in pay status, the employing agency must withhold the full cost of Optional insurance from his/her pay. (c)(1) Subject to the provisions for reemployed annuitants in § 870.707, the full cost of Optional insurance must be withheld from the annuity of an annuitant the compensation of a compensationer.

(2)The withholdings for Option A stop the month after the month in which an annuitant or compensationer reaches age 65.

(3)For an annuitant or compensationer who elects Full Reduction for any Option B or Option C multiples under § 870.705, the withholdings for those multiples stop the month after the month in which he/she reaches age 65.

(4)For an annuitant or compensationer who elects No Reduction for any Option B or Option C multiples, the withholdings for those multiples continue, as long as he/she remains insured. (d)(1) For Option A and Option C, the amount withheld from pay, annuity, or compensation paid on other than a biweekly basis must be computed and adjusted to the nearest cent.

(2)For Option B, the amount withheld from pay, annuity, or compensation paid on other than a biweekly basis must be computed and adjusted to the nearest one-tenth of 1 cent.

(e)If an employee's annual pay is paid during a period shorter than 52 work weeks, the employing office must determine the amount to withhold. To do this, it converts the biweekly cost to an annual cost and prorates it over the number of installments of pay regularly paid during the year.

(f)When an agency withholds less than or none of the proper amount of Optional life insurance deductions from an individual's pay, annuity, or compensation, the agency must submit an amount equal to the uncollected deductions required under 5 U.S.C. 8714a, 8714b, and 8714c to OPM for deposit in the Employees' Life Insurance Fund. 4. In § 870.404, revise paragraph

(d)to read as follows: § 870.404 Withholdings and contributions provisions that apply to both Basic and Optional insurance.

(d)The deposit described in §§ 870.401(f) and 870.402(f) must be made no later than 60 calendar days after the date the employing office determines the amount of the underdeduction that has occurred, regardless of whether or when the underdeduction is recovered by the agency. The agency must determine whether to waive collection of the overpayment of pay, in accordance with 5 U.S.C. 5584, as implemented by 4 CFR chapter I, subchapter G. However, if the agency involved is excluded from the provisions of 5 U.S.C. 5584, it may use any applicable authority to waive the collection. 5. In § 870.801, revise paragraph

(e)to read as follows: § 870.801 Order of precedence and payment of benefits.

(e)Upon the death of an insured family member, Option C benefits are paid to the employee, annuitant, or compensationer responsible for withholdings under § 870.402(a), except as provided in paragraph

(f)of this section. [FR Doc. 03-25945 Filed 10-10-03; 8:45 am]

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