Unknown. Final rule; correction
2,882 words·~13 min read·
/register/2004/06/23/04-14299A 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-2004-06-23.xml --- 69 120 Wednesday, June 23, 2004 Contents Agency Agency for Toxic Substances and Disease Registry NOTICES Reports and guidance documents; availability, etc.: Oral health guidance values for 2, 3, 5, 6-tetrachloroterephthalic acid, 35033 04-14173 Agricultural Agricultural Marketing Service RULES Milk marketing orders: Pacific Northwest, 34912-34913 04-14061 PROPOSED RULES Milk marketing orders: Upper Midwest, 34963-34966 04-14059 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 34990-34991 04-14193 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 34992-34993 04-14226 Centers Centers for Disease Control and Prevention NOTICES Grant and cooperative agreement awards:
Caribbean Health Research Council, 35033-35034 04-14175 Cote d’ Ivoire ministry responsible for fight against AIDS, 35034 04-14176 Zanzibar AIDS Control Program, 35034-35035 04-14177 Grants and cooperative agreements; availability, etc.: Human immunodeficiency virus (HIV)— Rapid HIV testing demonstration projects in historically black colleges and alternative venues and populations, 35035-35039 04-14174 Meetings: Disease, Disablility and Injury Prevention and Control Special Emphasis Panels, 35039-35040 04-14178 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 35040 04-14169 Coast Guard Coast Guard RULES Navigation and navigable waters; technical, organizational, and conforming amendments, 34923-34926 04-14199 Ports and waterways safety:
Heart Island, Alexandria Bay, NY; safety zone, 34926-34928 04-14198 Lake Huron, MI; safety zone, 34930-34932 04-14196 Lake Oneida, NY; safety zone, 34928-34930 04-14197 NOTICES Organization, functions, and authority delegations: Loran-C Transmitting Station Port Clarence, AK; relocation; comment request, 35053-35054 04-14200 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-14224 34991-34992 04-14225 Corporation Corporation for National and Community Service NOTICES Meetings;
Sunshine Act, 35013 04-14289 Defense Defense Department See Navy Department NOTICES Grants and cooperative agreements; availability, etc.: Community economic assistance for advance planning; correction, 35143 C4-13612 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 35014-35015 04-14132 04-14133 Employee Employee Benefits Security Administration RULES Group health plans; access, portability, and renewability requirements:
Health care continuation coverage Correction, 34920-34923 04-13949 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Alaska, 34935-34937 04-14216 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: C8, C10, and C12 straight-chain fatty acid monoesters of glycerol and propylene glycol, 34937-34944 04-14222 Lactic acid, n-butyl ester, (S), 34944-34950 04-14221 PROPOSED RULES Air programs:
Outer Continental Shelf regulations— California; consistency update, 34981-34986 04-14220 Air quality implementation plans; approval and promulgation; various States: Connecticut, 34976-34981 04-14219 NOTICES Pesticide, food, and feed additive petitions: AgroSciences LLC, 35024-35028 04-13857 Pesticide programs: Organophosphates; risk assessments; availability, etc.— MCPA, 35017-35019 04-14093 Risk assessments— 2,4-Dichlorophenoxyacetic acid, 35019-35021 04-13858 Pesticide registration, cancellation, etc.:
Custom Biologicals, Inc., 35021-35023 04-14223 Dinocap, 35023-35024 04-13689 Reports and guidance documents; availability, etc.: Particulate matter; air quality criteria, 35028-35029 04-14367 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Class E airspace, 34916-34917 04-14202 PROPOSED RULES Airworthiness directives: Boeing, 34966-34976 04-14180 04-14182 04-14183 NOTICES Aeronautical land-use assurance; waivers:
Buffalo-Lancaster Airport, NY, 35122-35123 04-14206 Sullivan County International Airport, NY, 35123 04-14205 Agency information collection activities; proposals, submissions, and approvals, 35123-35124 04-14204 Exemption petitions; summary and disposition, 35124-35125 04-14201 Passenger facility charges; applications, etc.: Elmira/Corning Regional Airport, NY, 35125-35126 04-14203 Technical standard orders: Aeronautical mobile high frequency data link equipment, 35126-35127 04-14208 Avionics supporting next generation satellite systems, 35127 04-14207 FCC Federal Communications Commission RULES Common carrier services:
Truth-in-billing requirements; CFR correction, 34950 04-55512 Radio broadcasting: Broadcast and cable EEO rules and policies— Revision, 34950-34954 04-14120 Television broadcasting: Cable Television Consumer Protection and Competition Act of 1992; implementation; direct broadcast satellite public interest obligations Correction, 34950 04-14263 PROPOSED RULES Radio broadcasting: Broadcast and cable EEO rules and policies— Revision, 34986-34988 04-14121 Federal Energy Federal Energy Regulatory Commission NOTICES Meetings:
Hydropower licensing proceedings; Confederated Tribes of the Colville Reservation et al., 35016 E4-1386 Tennessee Gas Pipeline Co.; Tewksbury-Andover Lateral Project; site visit, 35016 E4-1387 Reports and guidance documents; availability, etc.: Public utilities market-based rates; comment request, 35017 E4-1365 *Applications, hearings, determinations, etc.:* CenterPoint Energy Gas Transmission Co., 35015-35016 E4-1389 Green Mountain Power Corp., 35016 E4-1388 FMC Federal Maritime Commission NOTICES Agreements filed; weekly receipts, 35029-35030 04-14136 Ocean transportation intermediary licenses:
AIS International, Inc., et al., 35030 04-14247 Alisped U.S.A. Inc. et al., 35030 04-14248 Rapidus, LLC, et al., 35030-35031 04-14246 Federal Railroad Federal Railroad Administration PROPOSED RULES Occupational noise exposure; railroad operating employees, 35145-35192 04-13582 Federal Reserve Federal Reserve System NOTICES Meetings; Sunshine Act, 35031 04-14288 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 35031-35033 04-14134 Federal Transit Federal Transit Administration NOTICES Grants and cooperative agreements; availability, etc.:
Cooperative Procurement Pilot Program, 35127-35129 04-14209 Food Food and Drug Administration RULES Medical devices: Anesthesiology devices— Indwelling blood oxyhemoglobin concentration analyzer; premarket approval requirement effective date, 34917-34920 04-14126 Food Food Safety and Inspection Service RULES Beef or pork with barbecue sauce; identity standard revised, 34913-34916 04-14194 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Georgia Tumi, Inc.; luggage warehousing and distribution facility, 34993 04-14264 Forest Forest Service NOTICES Meetings:
Resource Advisory Committees— Glenn/Colusa County, 34991 04-14161 Geological Geological Survey NOTICES Federal Geographic Data Committee: Geographic information systems; framework data standards; public review, 35057-35058 04-14128 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 35041 04-13789 Homeland Homeland Security Department See Coast Guard RULES Immigration:
Aliens— Employment control; CFR correction, 34913 04-55513 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 35054-35057 04-14130 04-14184 04-14185 Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent: Menominee Nation Casino and Hotel Project, Kenosha, WI; public scoping meeting, 35058-35059 04-14240 Tribal-State Compacts approval; Class III (casino) gambling: Port Gamble S’Klallam Tribe, WA, 35059 04-14260 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.:
Tribal Self-Governance Program, 35041-35047 04-14191 04-14192 Interior Interior Department See Geological Survey See Indian Affairs Bureau See Land Management Bureau IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-14249 35132-35137 04-14250 04-14257 Meetings: Taxpayer Advocacy Panels, 35137-35138 04-14258 04-14259 Justice Justice Department RULES Executive Office for Immigration Review: Aliens— Employment control;
CFR correction, 34913 04-55514 NOTICES Pollution control; consent judgments: Industrial Excess Landfill, Inc., 35060 04-14261 Lebanon, MO, 35060 04-14262 Labor Labor Department See Employee Benefits Security Administration NOTICES International Labor Affairs Bureau: Panama; labor rights and laws governing exploitative child labor; comment request, 35060-35062 04-14165 Thailand; labor rights and laws governing exploitative child labor; comment request, 35062-35063 04-14168 Various countries; labor rights and laws governing exploitative child labor; comment request, 35063-35065 04-14166 04-14167 Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.:
Utah, 35059 04-14211 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Combined Arts Advisory Panel, 35065-35066 04-14186 National Council on the Arts, 35066 04-14187 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Defect and noncompliance— Defect and noncompliance reports and notification; manufacturer notification to dealers of safety related defects, 34954-34960 04-14072 National Institute National Institute of Standards and Technology NOTICES National Voluntary Laboratory Accreditation Program; voting systems, 34993-34994 04-14137 NIH National Institutes of Health NOTICES Meetings:
National Cancer Institute, 35047-35048 04-14150 04-14152 National Institute of Child Health and Human Development, 35048 04-14151 National Institute of Dental and Craniofacial Research, 35048 04-14149 National Institute of Mental Health, 35049-35050 04-14153 04-14154 04-14156 National Institute on Alcohol Abuse and Alcoholism, 35049-35050 04-14155 Scientific Review Center, 35050-35053 04-14157 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Atlantic highly migratory species— Bluefin tuna, 34960-34962 04-14231 Northeastern United States fisheries— Atlantic sea scallop, 35193-35224 04-13940 PROPOSED RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— American Samoa pelagic longline fishery; limited access permit program, 34988-34989 04-14241 NOTICES Coastal zone management programs and estuarine sanctuaries: State programs— Intent to evaluate performance, 34994-34995 04-14212 Endangered and threatened species:
Critical habitat designations— Elkhorn coral, staghorn coral, and fused-staghorn coral, 34995-34996 04-14244 Marine mammals: Incidental taking; authorization letters, etc.— Lamont-Doherty Earth Observatory; Gulf of Alaska; oceanic seismic survey; cetaceans and pinnipeds, 34996-35011 04-14242 Meetings: Mid-Atlantic Fishery Management Council, 35012 E4-1391 New England Fishery Management Council, 35012 E4-1390 Permits: Scientific research, 35012-35013 04-14243 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 04-14171 35013-35014 04-14172 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings:
Sunshine Act, 35066 04-14294 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Pittsburgh Environmental Research Laboratory, Inc., 35066-35067 04-14163 Reports and guidance documents; availability, etc.: Monthly operating reports and occupational radiation exposure reports; consolidated line item improvement process use; model safety evaluation, 35067-35071 04-14164 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office RULES Employment:
Homeland Security Act of 2002; implementation— Severe shortage of candidates and critical hiring needs; Governmentwide human resources flexibilities (direct-hire authority, etc.); correction, 34911 04-14299 NOTICES Agency information collection activities; proposals, submissions, and approvals, 35071 04-14098 Excepted service: Schedules A, B, and C; positions placed or revoked— Update, 35071-35073 04-14099 Postal Postal Service RULES Freedom of Information Act; implementation:
Information; release and privacy, 34932-34935 04-14135 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Father's Day (Proc. 7797), 35225-35228 04-14419 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: AXP Variable Portfolio Funds et al., 35073-35081 04-14139 Joint Industry Plan: International Securities Exchange, Inc., et al., 35081-35082 04-14142 Options Price Reporting Authority: Consolidated Options Last Sale Reports and Quotation Information;
Reporting Plan; amendments, 35082-35083 04-14145 Public Company Accounting Oversight Board: Financial reporting performed in conjuction with audit of financial statements; internal control audit, 35083-35084 04-14233 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 35084-35087 04-14229 04-14234 International Securities Exchange, Inc., 35087-35088 04-14141 National Association of Securities Dealers, Inc., 35088-35108 04-14140 04-14232 04-14235 New York Stock Exchange, Inc., 35108-35117 04-14230 Pacific Exchange, Inc., 35117-35119 04-14144 Philadelphia Stock Exchange, Inc., 35119-35120 04-14143 SBA Small Business Administration NOTICES Disaster loan areas:
Texas, 35120 04-14210 State State Department NOTICES Visas; nonimmigrant documentation: Domestic visa reissuance service discontinued, 35121 04-14245 Surface Surface Transportation Board NOTICES Rail carriers: Cost recovery procedures— Adjustment factor, 35129-35130 04-14236 Railroad operation, acquisition, construction, etc.: American Orient Express Railway Co. LLC, 35130-35131 04-14237 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Trade Trade Representative, Office of United States NOTICES World Trade Organization:
Dispute settlement panel establishment requests— Mexico; tax measures on soft drinks and other beverages, 35121-35122 04-14239 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Aviation proceedings: Agreements filed; weekly receipts, 35122 04-14195 Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 35131 04-13794 Privacy Act:
Computer matching program, 35131-35132 04-14127 Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-14189 35138-35139 04-14190 Privacy Act: Systems of records, 35139-35142 04-14188 Separate Parts In This Issue Part II Transportation Department, Federal Railroad Administration, 35145-35192 04-13582 Part III Commerce Department, National Oceanic and Atmospheric Administration, 35193-35224 04-13940 Part IV Presidential Documents, 35225-35228 04-14419 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. 69 120 Wednesday, June 23, 2004 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 230, 301, 316, 337, and 410 RIN 3206-AJ99 Organization of the Government for Personnel Management, Overseas Employment, Temporary and Term Employment, Recruitment and Selection for Temporary and Term Appointments Outside the Register, Examining System, and Training AGENCY:
Office of Personnel Management. ACTION: Final rule; correction. SUMMARY: The Office of Personnel Management
(OPM)is correcting the effective date of the final rule published on Tuesday, June 15, 2004, at 69 FR 33271. This final rule is effective on June 15, 2004, not on July 15, 2004, as published. In light of this correction, included below is supplementary information explaining the need for this effective date. This final rule revised regulations that provide agencies with: the ability to appoint qualified candidates for positions in the competitive service using direct-hire procedures; increased flexibility in assessing applicants using alternative (category-based) rating and selection procedures; the authority to pay or reimburse the costs of academic degree training from appropriated or other available funds under specified conditions; and increased flexibility to use academic degree training to address agency-specific human capital requirements and objectives. In addition, OPM is correcting the contact information by providing the correct email address for Mr. Larry Lorenz. EFFECTIVE DATE: The effective date of the final rule published in the **Federal Register** on Tuesday, June 15, 2004, at 69 FR 33271, is corrected to read June 15, 2004. FOR FURTHER INFORMATION CONTACT: On alternative rating and selection procedures, Ms. Linda Watson by telephone at
(202)606-0830, fax at
(202)606-2329 or by e-mail at *lmwatson@opm.gov.* On direct-hire authority, emergency indefinite appointments, overseas employment, TAPER, and outside the register appointments, Mr. Larry Lorenz by telephone at
(202)606-0830, fax at
(202)606-2329 or by e-mail at *ltlorenz@opm.gov.* On academic degree training, Ms. LaVeen M. Ponds by telephone at
(202)606-1394, fax at
(202)606-2329 or by e-mail at *lmponds@opm.gov.* Ms. Watson, Mr. Lorenz, and Ms. Ponds may also be contacted by TTY at
(202)418-3134. SUPPLEMENTARY INFORMATION: Waiver of Delay of Effective Date Pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists to waive the delay in effective date and make these regulations effective in less than 30 days. The delay in the effective date is being waived because the program changes do not mandate but will give agencies needed flexibilities to recruit, hire and retain high quality candidates quickly and effectively to respond to changing and critical mission requirements. The General Accounting Office has designated strategic human capital management as a Governmentwide high-risk area citing serious human capital shortfalls that erode the ability of agencies to “economically, efficiently and effectively perform their missions.” The President's Management Agenda calls for agencies to “flatten the Federal hierarchy, reduce the time to make decisions, and increase the number of employees that provide services to citizens. The reform also will pursue targeted civil service reforms, such as performance-based compensation and management flexibilities to recruit, retain, and reward a high-quality workforce.” With 50% of Federal employees eligible for retirement in the coming years, agencies must have contemporary, flexible tools for workforce management. Recent media articles have highlighted the public perception that getting a Federal job takes too long and is far too complicated. The Government needs the very best applicants; in turn applicants deserve a streamlined, understandable application process. These changes will accommodate that need. None of the three flexibilities proposed by these regulations is new or untried. In fact, category rating has been used successfully by some agencies for a decade or more under demonstration authority and enabling legislation. Studies of category rating as implemented by the Department of Agriculture indicate that employment of veterans increases and diversity is not reduced. Private-sector companies routinely use tuition payment as a strategy to attract and retain high quality employees. These flexibilities were proposed after broad consultation with a variety of stakeholders including employees, managers and the human resources community. They long have been advocated by numerous public and private groups including the Merit Systems Protection Board and the Partnership for Public Service as forward thinking, solid human capital strategies that should be available Governmentwide rather that to a few select agencies. Direct hire, in particular, is critical if agencies are to respond effectively to the needs of the Nation. With a nationwide shortage of nurses and other healthcare workers, the Government must be able to move quickly and efficiently to hire excellent candidates—direct hire would provide that flexibility. Without it, the staffing to provide care to veterans and others in Federal medical facilities is diminished. Similarly, the critical need to hire talented, highly skilled workers to respond to a national crisis including an environmental threat such a raging wildfire can not be left to traditional hiring methods designed decades ago. The alternatives provided by these regulations are not mandatory, but may be used strategically by agencies to improve the management of human capital, to meet mission requirements and to respond to the President's call for a Government that is citizen focus and results oriented. There is a compelling need to continue these flexibilities without delay. Office of Personnel Management. Kay Coles James, Director. [FR Doc. 04-14299 Filed 6-21-04; 10:17 am]
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