Unknown. Final rule
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/register/2004/05/17/04-11015·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2004-05-17.xml --- 69 95 Monday, May 17, 2004 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Federal Crop Insurance Corporation See Forest Service RULES Import quotas and fees: Dairy tariff-rate quota licensing, 27818-27821 04-11057 NOTICES Grants and cooperative agreements; availability, etc.: Renewable Energy Systems and Energy Efficiency Improvements Program; correction, 27887 04-11110 Animal Animal and Plant Health Inspection Service RULES Livestock and poultry disease control:
Spring viremia of carp; indemnity payment, 27823-27827 04-11085 Plant-related quarantine, domestic: Karnal bunt, 27821-27823 04-11086 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Vital Statistics Re-engineering Program, 27928-27929 04-11078 Coast Guard Coast Guard RULES Drawbridge operations: Virginia, 27834-27836 04-11150 Ports and waterways safety: Cleveland Harbor, OH; security zone, 27836-27837 04-11148 PROPOSED RULES Drawbridge operations:
District of Columbia, 27872-27874 04-11149 Maryland, 27870-27872 04-11151 NOTICES Meetings: Chemical Transportation Advisory Committee, 27945-27946 04-11146 04-11147 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 27888-27889 04-11157 04-11158 04-11159 CITA Committee for the Implementation of Textile Agreements NOTICES African Growth and Opportunity Act; implementation:
Singapore; handloomed fabrics and handmade articles, 27890-27891 04-11123 Cotton, wool, and man-made textiles: Brazil, 27891-27892 04-11125 Columbia, 27892 04-11126 Romania, 27892-27893 04-11127 Singapore, 27893 04-11124 Taiwan, 27893-27895 04-11121 Vietnam, 27895-27896 04-11213 Export visa requirements; certification, waivers, etc.: Various countries, 27896 04-11122 Commodity Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 27896-27897 04-11185 04-11186 04-11187 04-11188 Consumer Consumer Product Safety Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 27897 04-11034 Defense Defense Department See Navy Department NOTICES Committees; establishment, renewal, termination, etc.:
Women in the Services Advisory Committee, 27897 04-11044 Meetings: President's Information Technology Advisory Committee, 27897-27898 04-11045 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 27900-27901 04-11138 Postsecondary education: William D. Ford Federal Direct Loan Program— Income contingent repayment plan formula; annual updates, 27901-27906 04-11139 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Meetings:
Environmental Management Site-Specific Advisory Board— Rocky Flats, CO, 27906 04-11105 National Petroleum Council, 27906 04-11104 Natural gas exportation and importation: OGE Energy Resources, Inc., et al., 27906-27907 04-11103 Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 27907-27908 04-11106 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:
California, 27837-27843 04-10981 NOTICES Agency information collection activities; proposals, submissions, and approvals, 27919-27921 04-11117 Air pollution control: Clean Air Act Advisory Committee; Title V Operating Permits Program Task Force, 27921-27922 04-11113 Grants and cooperative agreements; availability, etc.: National Environmental Performance Track Program, 27922-27924 04-11111 Meetings: Mobile Sources Technical Review Subcommittee, 27924 04-11116 Science Advisory Board, 27924-27925 04-11112 FAA Federal Aviation Administration RULES Airworthiness directives:
Bombardier, 27829-27833 04-10739 04-10740 PROPOSED RULES Air carrier certification and operations: Antidrug and alcohol misuse prevention programs for personnel engaged in specified aviation activities, 27979-27987 04-10815 Airworthiness directives: Airbus, 27865-27866, 27868-27870 04-11040 04-11042 Boeing, 27866-27868 04-11041 FCC Federal Communications Commission RULES Practice and procedure: Debt Collection Improvement Act of 1966; implementation— Delinquent debtors; benefits applications or requests, 27843-27861 04-10661 PROPOSED RULES Radio broadcasting:
Digital audio systems; impact on terrestrial radio service, 27874-27885 04-11118 Federal Crop Federal Crop Insurance Corporation PROPOSED RULES Crop insurance regulation: Peanut, 27864-27865 04-11035 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Illinois, 27947 04-11080 North Dakota, 27947 04-11081 Federal Energy Federal Energy Regulatory Commission RULES Filing fees; annual update, 27833-27834 04-11052 NOTICES Electric rate and corporate regulation filings, 27911-27915 E4-1162 E4-1177 Environmental statements; availability, etc.:
PacifiCorp, 27915-27917 E4-1164 E4-1176 Environmental statements; notice of intent: KeySpan LNG, L.P., 27917-27919 E4-1173 Meetings: Merchant generation assets; acquisition and disposition by public utilities; technical conference, 27919 E4-1174 Solicitation processes for public utilities; technical conference, 27919 E4-1175 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission Co., 27908 E4-1165 Columbia Gas Transmission Corp., 27909 E4-1167 Dominion Transmission, Inc., 27909 E4-1163 Iroquois Gas Transmission System, L.P., 27909-27910 E4-1171 E4-1172 Northern Border Pipeline Co., 27910 E4-1166 Transcontinental Gas Pipe Line Corp., 27910-27911 E4-1168 E4-1170 Trunkline Gas Co., LLC, 27911 E4-1169 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings;
Sunshine Act, 27955 04-11178 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 27968-27969 04-11145 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 27925 04-11047 Formations, acquisitions, and mergers, 27925-27926 04-11048 FTC Federal Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 27926-27927 04-11101 Federal Transit Federal Transit Administration NOTICES Section 176 of the Consolidated Appropriations Act, 2004; implementation, 27969-27970 04-11144 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:
Critical habitat designations— Arroyo toad; correction, 27886 04-11049 NOTICES Endangered and threatened species and marine mammal permit applications, 27947-27949 04-11082 04-11084 Endangered and threatened species permit applications, 27949-27952 04-11036 04-11037 04-11038 04-11077 Environmental statements; notice of intent: Hawaii Natural Resources Department; Federal grant use, 27952-27953 04-11075 Marine mammal permit applications, 27953-27954 04-11083 Forest Forest Service NOTICES Meetings:
Resource Advisory Committees— Glenn/Colusa County, 27887 04-11061 Lake County, 27887-27888 04-11120 Northeast Oregon Forests, 27887 04-11076 Health Health and Human Services Department See Centers for Disease Control and Prevention See National Institutes of Health NOTICES Meetings: National Vaccine Advisory Committee, 27928 04-11033 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:
Community development and affordable housing; capacity building, 27975-27978 04-10923 Interior Interior Department See Fish and Wildlife Service See Minerals Management Service IRS Internal Revenue Service NOTICES Meetings: Tax Exempt and Government Entities Advisory Committee, 27971 04-11137 International International Trade Administration NOTICES Antidumping: Stainles steel bar from— United Kingdom, 27889 04-11119 Labor Labor Department See Labor Statistics Bureau See Mine Safety and Health Administration See Occupational Safety and Health Administration MISSING FOR:
Labor Statistics Bureau Labor Statistics Bureau NOTICES Committees; establishment, renewal, termination, etc.: Federal Economic Statistics Advisory Commitee, 27954-27955 04-11079 Minerals Minerals Management Service NOTICES Meetings: Royality Policy Committee; public nominations, 27954 04-11100 Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Dakota Westmoreland Corp., 27955 04-11050 Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National National Council on Disability NOTICES Meetings;
Sunshine Act, 27955-27956 04-11230 National Credit National Credit Union Administration RULES Credit unions: Organization and operations; technical corrections, 27827-27829 04-11180 NOTICES Meetings; Sunshine Act, 27956 04-11243 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards: Side impact protection; reporting requirements, 27989-28034 04-10931 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 27929-27930 04-11065 04-11073 National Eye Institute, 27930 04-11095 National Heart, Lung, and Blood Institute, 27930-27932 04-11093 04-11130 04-11131 04-11132 National Institute of Allergy and Infectious Diseases, 27932, 27935 04-11064 04-11066 04-11091 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 27936 04-11135 National Institute of Child Health and Human Development, 27934-27936 04-11089 04-11133 04-11134 National Institute of Diabetes and Digestive and Kidney Diseases, 27933, 27936-27937 04-11069 04-11136 National Institute of Mental Health, 27932, 27935 04-11067 04-11090 National Institute on Aging, 27933-27934 04-11070 04-11071 National Institute on Deafness and Other Communication Disorders, 27932-27933 04-11068 National Library of Medicine, 27937 04-11092 Scientific Review Center, 27937-27939 04-11094 04-11096 Patent licenses; non-exclusive, exclusive, or partially exclusive:
Reata Discovery, Inc., 27939 04-11088 Reports and guidance documents; availability, etc.: Azithromycin for treatment of pneumonia in preterm neonate; prevention of bronchopulmonary dysplasia; comment request, 27939-27942 04-11062 Rifampin for treatment of baterial endocarditis; comment request, 27942-27945 04-11063 NOAA National Oceanic and Atmospheric Administration NOTICES Environmental statements; notice of intent: National Estuarine Research Reserve System— Coastal zone management program evaluations; various states, 27889-27890 04-11043 Permits:
Exempted fishing, 27890 E4-1161 Navy Navy Department NOTICES Privacy Act: System of records, 27898-27900 04-11046 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Nuclear Waste Advisory Committee, 27956-27957 04-11074 Occupational Occupational Safety and Health Administration PROPOSED RULES Construction safety and health standards: Crane and Derrick Negotiated Rulemaking Advisory Committee— Meetings, 27870 04-11099 Personnel Personnel Management Office RULES Physicians’ comparability allowances, 27817-27818 04-11015 Presidential Presidential Documents EXECUTIVE ORDERS Committees; establishment, renewal, termination, etc:
President’s Advisory Commission on Asian Americans and Pacific Islanders (EO 13339), 28035-28039 04-11271 Research Research and Special Programs Administration RULES Pipeline safety: Gas pipeline safety standards; pressure limiting and regulation stations, 27861-27863 04-11005 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 27957-27959 04-11056 National Association of Security Dealers, Inc., 27959-27963 04-11055 National Securities Clearing Corp., 27964-27965 04-11097 Pacific Exchange, Inc., 27965-27967 04-11053 04-11054 SBA Small Business Administration PROPOSED RULES Small business size standards:
Size standards for most industries and SBA programs; restructuring, 27865 04-11160 State State Department NOTICES Committees; establishment, renewal, termination, etc.: International Law Advisory Committee, 27967 04-11109 Surface Surface Transportation Board NOTICES Railroad consolidations, mergers, and acquisitions of control: Temporary trackage rights exemption, 27970-27971 04-10972 TVA Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 27967-27968 04-11189 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 Federal Transit Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 27971-27973 04-11152 04-11153 04-11154 04-11155 Separate Parts In This Issue Part II Housing and Urban Development Department, 27975-27978 04-10923 Part III Transportation Department, Federal Aviation Administration, 27979-27987 04-10815 Part IV Transportation Department, National Highway Traffic Safety Administration, 27989-28034 04-10931 Part V Executive Office of the President, Presidential Documents, 28035-28039 04-11271 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 95 Monday, May 17, 2004 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 595 RIN 3206-AJ96 Physicians' Comparability Allowances AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management is issuing final regulations on the physicians' comparability allowance program.
We have rewritten these regulations in a question-and-answer format to improve reader understanding and administration of this program. EFFECTIVE DATE: June 16, 2004. FOR FURTHER INFORMATION CONTACT: Vicki Draper by telephone at
(202)606-2858; by fax at
(202)606-0824; or by email at *pay-performance-policy@opm.gov.* SUPPLEMENTARY INFORMATION: On July 29, 2003, the Office of Personnel Management
(OPM)issued proposed regulations to revise 5 CFR part 595, Physicians' Comparability Allowances. (See 68 FR 44489.) The 60-day comment period for the proposed regulations ended on September 29, 2003. We received comments from one Federal agency. The agency suggested that we add the sentence “A physician who is employed on less than a half-time or intermittent basis is excluded from the physicians' comparability allowance program” to the regulation. We agree and have added this sentence to 5 CFR 595.105(d). E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 12866. Regulatory Flexibility Act I certify that these regulations would not have a significant economic impact on a substantial number of small entities because they would apply only to Federal agencies and employees. List of Subjects in 5 CFR Part 595 Government employees, Health professions, Wages. Office of Personnel Management. Kay Coles James, Director. Accordingly, OPM is amending part 595 of title 5 of the Code of Federal Regulations as follows: PART 595—PHYSICIANS' COMPARABILITY ALLOWANCES 1. The authority citation for part 595 continues to read as follows: Authority: 5 U.S.C. 5948; E.O. 12109, 44 FR 1067, Jan. 3, 1979. 2. Section 595.101 is revised to read as follows: § 595.101 Purpose. Section 5948 of title 5, United States Code, authorizes the payment of allowances to certain eligible Federal physicians who enter into service agreements with their agencies. These allowances are paid only to categories of physicians for which the agency is experiencing recruitment and retention problems and are fixed at the minimum amounts necessary to deal with such problems. The President has delegated regulatory responsibility for this program to the Director of OPM, acting in consultation with the Office of Management and Budget. This part contains the regulations, criteria and conditions which the Director of OPM, in consultation with the Director of the Office of Management and Budget, has prescribed for the administration of the physicians' comparability allowance program. This part supplements and implements 5 U.S.C. 5948 and should be read together with that section of law. 3. In § 595.102, the section heading and paragraphs
(a)and
(b)are revised to read as follows: § 595.102 Who is covered by this program?
(a)This program covers individuals employed as physicians under the Federal pay systems listed in 5 U.S.C. 5948(g)(1), except as provided in 5 U.S.C. 5948(b). For the purposes of this part, an individual is *employed as a physician* only if he or she is serving in a position the duties and responsibilities of which could not be satisfactorily performed by an incumbent who is not a physician.
(b)Section 5948(b) of title 5, United States Code, prohibits the payment of physicians' comparability allowances to certain physicians, including physicians who are reemployed annuitants. For the purpose of applying this prohibition, *reemployed annuitant* means an individual who is receiving or has title to and has applied for an annuity under any retirement program of the Government of the United States, or the government of the District of Columbia, on the basis of service as a civilian employee. 4. In § 595.103, the section heading and paragraph
(a)are revised to read as follows: § 595.103 What requirements must agencies establish for determining which physician positions are covered?
(a)The head of each agency must determine categories of physician positions for which there is a significant recruitment and retention problem, and physicians' comparability allowances may be paid only to physicians serving in positions in such categories. 5. In § 595.104, the section heading and the introductory text are revised to read as follows: § 595.104 What criteria are used to identify a recruitment and retention problem? The head of each agency may determine that a significant recruitment and retention problem exists for each category of physician position established under § 595.103 only if the following conditions are met with respect to the category: 6. In § 595.105, the section heading and paragraphs (a), (b), (d), and
(e)are revised to read as follows: § 595.105 What criteria must be used to determine the amount of a physicians' comparability allowance?
(a)The amount of the comparability allowance payable for each category of physician positions established under § 595.103 must be the minimum amount necessary to deal with the recruitment and retention problem identified under § 595.104 for that category of positions. In determining this amount, the agency head must consider the relative earnings, responsibilities, expenses, workload, working conditions, conditions of employment, and personnel benefits for physicians in each category and for comparable physicians inside and outside the Federal Government.
(b)Agencies may not pay a physicians' comparability allowance in excess of $14,000 annually to a physician with 24 months or less of service as a Government physician. Agencies may not pay a physicians' comparability allowance in excess of $30,000 annually to a physician with more than 24 months of service as a Government physician.
(d)A physician who is employed on a regularly scheduled part-time basis of half-time or more is eligible to receive a physicians' comparability allowance, but any such allowance must be prorated according to the proportion of the physicians' work schedule to full-time employment. A physician who is employed on less than a half-time or intermittent basis is excluded from the physicians' comparability allowance program.
(e)A physician who is serving with the Government under a loan repayment program must have the amount of any loan being repaid deducted from any physicians' comparability allowance for which he or she is eligible and may receive only that portion of such allowance which exceeds the amount of the loan being repaid during the period of employment required by the service agreement under the student loan repayment program. 7. Section 595.106 is revised to read as follows: § 595.106 What termination and refund provisions are required? Each service agreement entered into by an agency and a physician under the comparability allowance program must prescribe the terms under which the agreement may be terminated and the amount of allowance, if any, required to be refunded by the physician for each reason for termination. In the case of each service agreement covering a period of service of more than 1 year, the service agreement must include a provision that, if the physician completes more than 1 year of service pursuant to the agreement, but fails to complete the full period of service specified in the agreement either voluntarily or because of misconduct by the physician, the physician must refund the amount of allowance he or she has received under the agreement for the 26 weeks of service immediately preceding the termination (or for a longer period, if specified in the agreement). 8. In § 595.107, the section heading and paragraphs
(b)and
(c)are revised to read as follows: § 595.107 What are the requirements for implementing a physicians' comparability allowance program?
(b)The agency must submit to the Office of Management and Budget a complete description of its plan for implementing the physicians' comparability allowance program, including the following:
(1)An identification of the categories of physician positions the agency has established under § 595.103, and of the basis for such categories;
(2)An explanation of the determination that a recruitment and retention problem exists for each such category, in accordance with the criteria in § 595.104; and
(3)An explanation of the basis for the amount of comparability allowance determined necessary for each category of physician position under § 595.105.
(c)The Office of Management and Budget
(OMB)will review each agency's plan for implementing the physicians' comparability allowance program and determine whether the plan is consistent with 5 U.S.C. 5948 and the requirements of this part. The Office of Management and Budget will advise the agency within 45 calendar days after receipt of the plan as to whether the plan is consistent with 5 U.S.C. 5948 and this part or what changes need to be made. § 595.108 [Removed] 9. Section 595.108 is removed. [FR Doc. 04-11015 Filed 5-14-04; 8:45 am]
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- 5 CFR 595
- 5 CFR 595.105(d)
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