Unknown. Interim final rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-01-22.xml --- 69 14 Thursday, January 22, 2004 Contents AID Agency for International Development NOTICES Meetings: Voluntary Foreign Aid Advisory Committee, 3117 04-1288 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service NOTICES Meetings:

Foreign Animal and Poultry Diseases, Secretary's Advisory Committee, 3117 04-1410 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 3147-3148 04-1303 Coast Guard Coast Guard RULES Ports and waterways safety: Houston Ship Channel, TX; security zone, 3006-3008 04-1327 Port of Texas City Channel, Turning Basin, and Industrial Channel, TX; security zone, 3008-3010 04-1328 NOTICES Deepwater ports; license applications:

Gulf Landing LLC, 3165-3167 04-1267 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories: Caribbean Basin Trade Partnership Act; short supply requests— 100 percent rayon, herringbone fabrics, for use in apparel articles, 3119-3120 04-1412 Defense Defense Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 3120 04-1277 Arms sales notification; transmittal letter, etc., 3121-3124 04-1279 Meetings:

Science Board task forces, 3124-3125 04-1276 04-1278 Women in Services Advisory Committee, 3125 04-1275 Drug Drug Enforcement Administration RULES Comprehensive Methamphetamine Control Act of 1996; implementation: Pseudoephedrine or phenylpropanolamine products; sales by retail distributors; exemption clarification Correction, 3198-3199 C4-722 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 3126 04-1289 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 3178-3179 04-1310 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.:

Atmospheric Radiation Measurement Program, 3126-3129 04-1372 EPA Environmental Protection Agency RULES Air pollution control: Federal and State operating permits programs; sufficiency monitoring requirements; scope clarification, 3201-3212 04-1362 Air quality implementation plans; approval and promulgation; various States: California, 3012-3015, 3018-3020 04-1037 04-1232 Montana, 3011-3012 04-1233 Tennessee, 3015-3018 04-1231 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

California, 3045-3056 04-1038 04-1234 NOTICES Agency information collection activities; proposals, submissions, and approvals, 3134-3135 04-1236 Meetings: Environment report; national dialogue sessions, 3135 04-1374 Pesticide, food, and feed additive petitions: Avesta Corp., 3138-3144 04-1237 Pesticide registration, cancellation, etc.: Janssen Pharmaceutica, Inc., et al., 3135-3138 04-1243 Superfund; response and remedial actions, proposed settlements, etc.: Brunswick Wood Preserving Site, GA, 3144 04-1235 Morgan Materials, Inc.

Site, NY, 3144 04-1373 Farm Farm Service Agency RULES Program regulations: Servicing and collections— Federal debt; establishment, 2999-3000 04-1261 FAA Federal Aviation Administration RULES Airworthiness directives: Gulfstream, 3000-3002 04-965 Class E airspace, 3002-3003 04-1331 Restricted areas, 3003-3004 04-1268 PROPOSED RULES Airworthiness directives: Dassault, 3041-3043 04-1306 Fokker, 3039-3041 04-1307 McDonnell Douglas, 3036-3039 04-1308 Saab, 3043-3045 04-1305 NOTICES Environmental statements; availability, etc.:

Quad City International Airport, IL; Milan Beltway and Airport Road intersection construction, 3188 04-1271 Exemption petitions; summary and disposition, 04-1269 3189-3190 04-1330 Meetings: Aviation Rulemaking Advisory Committee, 3190-3191 04-1329 RTCA, Inc., 3191 04-1270 FCC Federal Communications Commission RULES Common carrier services: Federal-State Joint Board on Universal Service— Rural health care support mechanism; correction, 3020-3021 04-1247 PROPOSED RULES Common carrier services:

Satellite communications— Satellite earth station use on board vessels in 5925-6425 MHz/3700-4200 MHz bands and 14.0-14-5 GHz/11.7-12.2 GHz bands, 3056-3064 04-1245 NOTICES Agency information collection activities; proposals, submissions, and approvals, 3144-3145 04-1336 Common carrier services: Telecommunications carrier eligibility designation petitions— Nextel Partners; Florida service area, 3145-3146 04-1337 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 3146 04-1499 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 3129-3130 E4-97 Meetings;

Sunshine Act, 3131-3133 04-1497 04-1498 FMC Federal Maritime Commission NOTICES Agreements filed; weekly receipts, 3146 04-1334 Federal Railroad Federal Railroad Administration NOTICES Traffic control systems; discontinuance or modification: Norfolk Southern Corp., 3191-3192 04-1332 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 3146-3147 04-1291 Formations, acquisitions, and mergers, 3147 04-1290 Fish Fish and Wildlife Service RULES Endangered and threatened species:

Rota bridled white-eye; Northern Mariana Islands, 3022-3029 04-1297 PROPOSED RULES Endangered and threatened species: Critical habitat designations— California tiger salamander, 3064-3094 04-1296 Slicksport peppergrass; withdrawn, 3094-3116 04-1295 Food Food and Drug Administration RULES Human drugs: Skin protectant products (OTC)— Astringent products; final monograph; correction, 3005 04-1262 NOTICES Meetings: Vaccine and Related Biological Products Advisory Committee, 3148 04-1264 Memorandums of understanding:

Homeland security; collaborative research and development and emergency response triage efforts between Enviromental Protection Agency and FDA, 3148-3156 04-1263 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings: National Vaccine Advisory Committee, 3147 04-1314 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Reports and guidance documents; availability, etc.:

National origin discrimination as it affects limited English proficient persons; prohibition; policy guidance to Federal financial assistance recipients, 3167 04-1476 Industry Industry and Security Bureau RULES Export administration regulations: Angola; lifting of U.N. sanctions against UNITA, 3004-3005 04-1280 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service NOTICES Committees; establishment, renewal, termination, etc.:

Art Advisory Panel, 3196 04-1367 Meetings: Taxpayer Advocacy Panels, 04-1368 3196-3197 04-1369 04-1370 04-1371 International International Trade Administration NOTICES Antidumping: Stainless steel sheet and strip in coils from— Taiwan, 3119 04-1358 Antidumping and countervailing duties: Administrative review requests, 3117-3119 04-1357 International International Trade Commission NOTICES Import investigations: Home vacuum packaging products, 3176-3177 04-1294 Justice Justice Department See Drug Enforcement Administration Labor Labor Department See Employment Standards Administration See Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-1311 3177-3178 04-1312 Senior Executive Service:

Performance Review Board; membership, 3178 04-1313 Land Land Management Bureau NOTICES Environmental statements; notice of intent: Kasha-Katuwe Tent Rocks National Monument, Sandoval County, NM; resource management plan, 3167-3169 04-1361 Meetings: Resource Advisory Councils— Southwest, 3169 04-1315 Realty actions; sales, leases, etc.: California, 3169-3170 04-1359 Maritime Maritime Administration NOTICES Deepwater ports; license applications: Gulf Landing LLC, 3165-3167 04-1267 Mine Mine Safety and Health Administration NOTICES Petitions for safety standard modifications; summary of affirmative decisions, 3179-3182 04-1387 National Archives National Archives and Records Administration NOTICES Reports and guidance documents; availability, etc.:

Title VI national origin discrimination prohibition affecting limited English proficient persons; correction, 3182 04-1248 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Leadership Initiatives Advisory Panel, 3182-3183 04-1335 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Saleen, Inc., 3192-3194 04-1272 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 04-1258 3156-3157 04-1259 Meetings:

Genetics, Health, and Society, Secretary's Advisory Committee, 3157 04-1257 National Cancer Institute, 3157-3158 04-1351 04-1352 National Heart, Lung, and Blood Institute, 3158 04-1346 National Institute of Allergy and Infectious Diseases, 04-1343 3160-3161 04-1344 National Institute of Child Health and Human Development, 04-1255 3159 04-1256 National Institute of Dental and Craniofacial Research, 3161 04-1345 National Institute of Environmental Health Sciences, 3160 04-1342 National Institute of Mental Health, 04-1349 3162 04-1350 National Institute of Nursing Research, 3158-3159 04-1253 04-1254 National Institute on Alcohol Abuse and Alcoholism, 3159-3162 04-1341 04-1347 04-1348 Scientific Review Center, 3162-3165 04-1249 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 3170-3172 04-1281 04-1283 Environmental statements; availability, etc.:

Fort Vancouver National Historic Site, WA; general management plan, 3172-3174 04-1286 Lackawanna Valley National Heritage Area, PA; management plan, 3174 04-1282 Environmental statements; notice of intent: Big Cypress National Preserve, FL, et al.; exotic plant management plan, 3174-3175 04-1287 Meetings: Gettysburg National Military Park Advisory Commission, 3175 04-1284 Wrangell-St. Elias National Park Subsistence Resource Commission, 3176 04-1285 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:

Gas Hills Project, WY; satellite in situ leach uranium recovery facility, 3184-3185 04-1318 *Applications, hearings, determinations, etc.:* Rochester Gas & Electric Corp., 3183-3184 04-1319 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 04-1500 3185 04-1501 Personnel Personnel Management Office RULES Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002; Title II implementation, 2997-2999 04-1338 Research Research and Special Programs Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 3194 04-1333 Rural Rural Business-Cooperative Service RULES Program regulations:

Servicing and collections— Federal debt; establishment, 2999-3000 04-1261 Rural Rural Housing Service RULES Program regulations: Servicing and collections— Federal debt; establishment, 2999-3000 04-1261 RUS Rural Utilities Service RULES Program regulations: Servicing and collections— Federal debt; establishment, 2999-3000 04-1261 PROPOSED RULES Grants: Technical Assistance and Training Grants Program; clarification, 3030-3036 04-1274 SEC Securities and Exchange Commission NOTICES *Applications, hearings, determinations, etc.:* Saga Communications, Inc., 3185 04-1325 Telefonica del Peru S.A.A., 3186 04-1324 SBA Small Business Administration NOTICES Disaster loan areas:

California, 3186 04-1273 State State Department NOTICES Art objects; importation for exhibition: Boccioni's Materia: A Futurist Masterpiece and the Avant-garde in Milan and Paris, 3186-3187 04-1353 Meetings: Shipping Coordinating Committee, 04-1355 3187-3188 04-1356 Serbia and Montenegro; name change, 3188 04-1354 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Substance Abuse Prevention Center National Advisory Council, 3165 04-1265 Surface Surface Transportation Board NOTICES Rail carriers:

Waybill data; request for release, 3194 04-1197 Railroad operation, acquisition, construction, etc.: Allegheny & Eastern Railroad, L.L.C., 3194-3195 04-1364 Buffalo & Pittsburgh Railroad, Inc., et al., 3195 04-1363 Pittsburg & Shawmut Railroad, L.L.C., 3195-3196 04-1365 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board RULES Workplace drug and alcohol testing programs:

Substance abuse professional; credential requirement, 3021-3022 04-1326 Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Environmental Protection Agency, 3201-3212 04-1362 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. 69 14 Thursday, January 22, 2004 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR PART 724 RIN 3206-AJ93 Implementation of Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 AGENCY:

Office of Personnel Management. ACTION: Interim final rule with request for comments. SUMMARY: The Office of Personnel Management

(OPM)is issuing interim regulations to carry out the agency reimbursement provisions of Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act). The No FEAR Act requires that the President or his designee promulgate rules to regulate agency reimbursement of the Judgment Fund for payments made to employees, former employees, or applicants for Federal employment because of actual or alleged violations of Federal discrimination laws, Federal whistleblower protection laws, and/or retaliation claims arising from the assertion of rights under these laws. This rule will implement the reimbursement provisions of Title II of the No FEAR Act. DATES: *Effective Date:* The interim final rule is effective on October 1, 2003. *Comment Date:* Comments must be received on or before March 22, 2004. ADDRESSES: Send or deliver written comments to Jeffrey E. Sumberg, Deputy Associate Director for Workforce Relations and Accountability Policy, Office of Personnel Management, Room 7H28, 1900 E Street, NW., Washington, DC, 20415; by FAX at

(202)606-0967; or by e-mail at *NoFEAR@opm.gov.* FOR FURTHER INFORMATION CONTACT: Gary D. Wahlert by telephone at

(202)606-2920; by FAX at

(202)606-0967; or by e-mail at *NoFEAR@opm.gov.* SUPPLEMENTARY INFORMATION: The United States and its citizens are best served when the Federal workplace is free of discrimination and retaliation. In order to maintain a productive workplace that is fully engaged with the many important missions before the Government, it is essential that the rights of employees, former employees and applicants for Federal employment under discrimination, whistleblower, and retaliation laws be steadfastly protected and that agencies that violate these rights be held accountable. Congress has found that agencies cannot be run effectively if those agencies practice or tolerate discrimination. Furthermore, Congress has found that notification of present and former Federal employees and applicants for Federal employment of their rights under discrimination and whistleblower laws, combined with training of employees, should increase Federal agency compliance with the laws. Therefore, under authority delegated by the President, OPM is issuing interim regulations to implement the reimbursement provisions of Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), Public Law 107-174. OPM will issue proposed regulations concerning the other parts of the No FEAR Act separately. Judgment Fund One of the key provisions of the No FEAR Act requires that agencies reimburse the Judgment Fund for payments concerning violations or alleged violations of Federal discrimination laws, Federal whistleblower protection laws, and/or retaliation claims arising from the assertion of rights under these laws. Prior to the enactment of the No FEAR Act, agencies were not required to reimburse the Judgment Fund. Congress has created a financial incentive to foster a Federal workplace that is free of discrimination and retaliation. The No FEAR Act does not change the criteria or process for obtaining payments from the Judgment Fund; it only creates a reimbursement requirement for agencies. In other words, the No FEAR Act does not authorize agencies to make payments directly to employees, former employees, or applicants for Federal employment that, prior to the No FEAR Act, would have been made from the Judgment Fund. Judgments, awards, or settlements that were eligible for payment from the Judgment Fund before the No Fear Act becomes effective will continue to be paid by the Judgment Fund. As noted, however, the No FEAR Act requires agencies to reimburse the Judgment Fund for payments made in connection with 28 U.S.C. 2414, 2517, 2672, 2677 or with 31 U.S.C. 1304. OPM interprets the No FEAR Act to apply to any payment from the Judgment Fund on or after October 1, 2003, for violations or alleged violations of Federal discrimination laws, Federal whistleblower protection laws, and/or retaliation claims arising from the assertion of rights under these laws. In addition to requiring reimbursement of the Judgment Fund, Congress expected such reimbursements to be made within a reasonable amount of time. Accordingly, these regulations specify timeframes within which agencies must either repay the Judgment Fund or contact the administrator of the Judgment Fund to make arrangements for a payment schedule. The administrator of the Judgment Fund is the Financial Management Service (FMS), the Department of the Treasury. The timeframe begins upon written notice by FMS to the agency's Chief Financial Officer

(CFO)that a payment from the Judgment Fund has been disbursed. OPM notes in the regulations that agencies that fail to reimburse or make timely arrangements for reimbursement of the Judgment Fund will be identified and posted on the FMS Web site. Notification and Training Obligations Section 202 of the No FEAR Act requires agencies to notify covered individuals of the rights and protections concerning Federal discrimination laws, whistleblower protection laws, and/or retaliation claims arising from the assertion of rights under these laws. Agencies must also conduct training of employees about these rights and protections. OPM intends to publish proposed regulations on these subjects separately. Annual Report Section 203 of the No FEAR Act requires that each Federal agency submit an annual report to Congress, the Equal Employment Opportunity Commission, and the Attorney General. Among other things, these reports are to provide information about payments from the Judgment Fund and the discipline of employees who engaged in discrimination, retaliation, harassment, or other violations of Federal discrimination and/or whistleblower laws. Each report also must provide the agency's analysis of certain information required in the report. OPM intends to publish proposed regulations on these subjects separately. Best Practices Section 204 of the No FEAR Act requires OPM, as the President's designee, to conduct a comprehensive study to determine the best practices relating to appropriate disciplinary actions against employees who violate Federal discrimination laws, whistleblower protection laws, and/or protections against retaliation arising from the assertion of rights under these laws. Based on the results of this study, OPM will issue advisory guidelines that incorporate the best practices that agencies may follow to take such disciplinary actions. In addition, the No FEAR Act requires agencies to report to the Congress, the Equal Employment Opportunity Commission, and the Attorney General on the extent to which they have adopted or will follow the guidelines issued by OPM. OPM intends to publish proposed regulations on these subjects separately. Publication of Interim Regulations Immediate implementation of this rule as an interim final rule with provision for post-promulgation public comment is based upon the exceptions found at 5 U.S.C. 553(b)(3)(A), (b)(3)(B) and (d). The agency obligations under the No FEAR Act to reimburse the Judgment Fund begin on October 1, 2003. It is essential that all agencies understand their responsibilities regarding this requirement. OPM has determined under 5 U.S.C. 553(b)(3)(A) that the reimbursement provision only effects the rules of agency organization, procedure, or practice and has no effect on the substantive rights of those entitled to payment from the Judgment Fund. OPM has determined under 5 U.S.C. 553(b)(3)(B) that it would be contrary to the public interest to delay promulgation of the rules governing the reimbursement provisions of the No FEAR Act. For the same reasons, OPM has determined under 5 U.S.C. 553(d)(3) that there is good cause for the interim final rule to be effective October 1, 2003, with provision for post-promulgation public comment. OPM is seeking public comment on the regulation and will consider all comments when promulgating the final rule. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because the regulations pertain only to Federal employees and agencies. E.O. 12866, Regulatory Review This interim final rule has been reviewed by the Office of Management and Budget under Executive Order 12866. E.O. 13132 This regulation will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to warrant preparation of a Federalism Assessment. E.O. 12988, Civil Justice Reform This regulation meets the applicable standard set forth in sections 3(a) and 3(b)(2) of Executive Order 12988. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Congressional Review Act This action pertains to agency management, personnel and organization and does not substantially affect the rights of obligations of non-agency parties and, accordingly, is not a “rule” as that term is used by the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. List of Subjects in 5 CFR Part 724 Administrative practice and procedure, discrimination, prohibited personnel practices, claims, discipline. U.S. Office of Personnel Management. Kay Coles James, Director. Accordingly, OPM is adding part 724 to title 5, Code of Federal Regulations, as follows: PART 724—IMPLEMENTATION OF TITLE II OF THE NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION AND RETALIATION ACT OF 2002 Subpart A—Reimbursement of Judgment Fund Sec. 724.101 Purpose and Scope. 724.102 Definitions. 724.103 Agency Obligations. 724.104 Procedures. 724.105 Compliance. 724.106 Effective Date. Authority: Sec. 204 of Pub. L. 107-174, 116 Stat. 566; Presidential Memorandum dated July 8, 2003, “Delegation of Authority Under Section 204(a) of the Notification and Federal Employee Antidiscrimination Act of 2002.” § 724.101 Purpose and scope. This subpart implements Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 concerning the obligation of Federal agencies to reimburse the Judgment Fund for payments. The regulations describe agency obligations and the procedures for reimbursement and compliance. § 724.102 Definitions. In this part: *Agency* means an Executive agency as defined in 5 U.S.C. 105, the United States Postal Service, or the Postal Rate Commission; *Applicant for Federal employment* means an individual applying for employment in or under a Federal agency; *Employee* means an individual employed in or under a Federal agency; *Former employee* means an individual formerly employed in or under a Federal agency; *Judgment Fund* means the Judgment Fund established by 31 U.S.C. 1304; *No FEAR Act* means the “Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002;” *Payment* means a disbursement from the Judgment Fund on or after October 1, 2003, to an employee, former employee, or applicant for Federal employment, in accordance with 28 U.S.C. 2414, 2517, 2672, 2677 or with 31 U.S.C. 1304, that involves alleged discriminatory conduct described in 5 U.S.C. 2302(b)(1) and (b)(8) or (b)(9) as applied to discriminatory conduct described in 5 U.S.C. 2302(b)(1) and/or (b)(8). § 724.103 Agency Obligations. A Federal agency must reimburse the Judgment Fund for payments covered by the No FEAR Act. Such reimbursement must be made within a reasonable time as described in § 724.104. § 724.104 Procedures.

(a)The procedures that agencies must use to reimburse the Judgment Fund are those prescribed by the Financial Management Service (FMS), the Department of the Treasury, in Chapter 3100 of the Treasury Financial Manual. All reimbursements to the Judgment Fund covered by the No FEAR Act are expected to be fully collectible from the agency. FMS will provide notice to the agency's Chief Financial Officer within 15 business days after payment from the Judgment Fund. For any payments from the Fund between October 1, 2003, and January 22, 2004, FMS will provide such notice within 15 business days after January 22, 2004, if it has not already provided such notice.

(b)Within 45 business days of notice by FMS, agencies must reimburse the Judgment Fund or contact FMS to make arrangements in writing for reimbursement. § 724.105 Compliance. An agency's failure to reimburse the Judgment Fund or to contact FMS within 45 business days of an FMS notice for reimbursement under § 724.104 will be recorded on an annual basis and posted on the FMS Web site. § 724.106 Effective Date. This subpart is effective on October 1, 2003. Subpart B—Notification of Rights and Protections and Training [RESERVED] Subpart C—Annual Report [RESERVED] Subpart D—Best Practices [RESERVED] [FR Doc. 04-1338 Filed 1-21-04; 8:45 am]

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