Unknown. Interim rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-08-05.xml --- 69 150 Thursday, August 5, 2004 Contents Agriculture Agriculture Department See Food Safety and Inspection Service See Rural Utilities Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 47462-47465 04-17837 04-17839 04-17840 Army Army Department See Engineers Corps Centers Centers for Disease Control and Prevention NOTICES Grant and cooperative agreement awards:

Tropical Disease Foundation, Inc., 47445-47446 04-17860 Meetings: Scientific Counselors Board, 47446 04-17855 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare: Physician fee schedule (2005 CY); payment policies and relative value units, 47487-47730 04-17312 NOTICES Meetings: Medicare— Ambulatory Payment Classification Groups Advisory Panel, 47446-47448 04-17992 Children Children and Families Administration NOTICES Grant and cooperative agreement awards:

Center for Economic Progress, 47448 04-17889 Coast Guard Coast Guard RULES Alternate hull examination program for passenger vessels, and underwater surveys for nautical school, offshore supply, passenger, and sailing school vessels, 47378-47384 04-17742 NOTICES Pollution: Ballast water treatment systems; approval program development; comment request, 47453-47454 04-17827 Waterfront facilities: Sabine Pass Channel waterway, LA; liquefied natural gas marine traffic suitability; letter of recommendation and comment request, 47455-47456 04-17826 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 47402-47404 04-17895 04-17897 04-17898 Commodity Commodity Futures Trading Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 47419-47420 04-17880 Copyright Copyright Office, Library of Congress PROPOSED RULES Copyright office and procedure:

Unpublished audio and audiovisual transmission programs; acquisition and deposit, 47396-47399 04-17939 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 47420-47421 04-17843 Defense Defense Department See Engineers Corps NOTICES Arms sales notification, transmittal letter, etc., 47421-47429 04-17868 04-17869 Meetings: Dependents’ Education Advisory Council, 47429 04-17866 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Energy Information Administration See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Energy conservation:

Commercial and industrial equipment; energy efficiency program— Commercial unitary air conditioners and heat pumps; meeting; correction, 47486 C4-16575 Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-17886 47430-47431 04-17887 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Los Angeles County, CA; Pier J South Marine Terminal Expansion Project, 47429-47430 04-17836 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

Colorado, 47366-47377 04-17656 Air quality implementation plans; approval and promulgation; various States: Pennsylvania; withdrawn, 47366 04-17781 Washington, 47365-47366 04-17782 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 47377 04-17788 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Colorado, 47399 04-17657 NOTICES Agency information collection activities; proposals, submissions, and approvals, 47432-47434 04-17883 Grants and cooperative agreements; availability, etc.:

Environmental management systems local resource centers, 47434-47437 04-17789 Pesticide registration, cancellation, etc.: Sumitomo Chemical Co., Ltd., et al., 47437-47439 04-17881 Water pollution control: Total maximum daily loads— Barataria river basin, LA, 47439 04-17892 Export Export-Import Bank NOTICES China; semiconductor manufacturing equipment; finance application, 47439 04-17870 FAA Federal Aviation Administration RULES Airworthiness standards: Special conditions— Garmin AT, Inc.

Piper PA-32 airplane, 47354-47356 04-17925 Class E airspace, 47357-47358 04-17828 04-17829 Restricted areas, 47358-47360 04-17928 PROPOSED RULES Airworthiness directives: Airbus, 47391-47395 04-17857 04-17858 McDonnell Douglas, 47388-47391 04-17859 NOTICES Advisory circulars; availability, etc.: Charles Taylor “Master Mechanic“ Award; eligibility, application, and selection guidance, 47481 04-17924 Commercial space transportation: Launch site operation at Mojave Airport, CA; liquid propellant storage and handling requirements; waiver; correction, 47486 C4-15551 Environmental statements; record of decision:

Dane County Regional Airport, WI; capital improvement projects, 47481-47482 04-17831 Passenger facility charges; applications, etc.: Key West International Airport, FL, 47482 04-17926 Walker Field Airport, CO, 47482-47483 04-17830 FCC Federal Communications Commission RULES Digital television stations; table of assignments: Arkansas, 47385 04-17905 Florida, 47385 04-17904 PROPOSED RULES Digital television stations; table of assignments: Montana, 47399-47400 04-17902 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 47439 04-18078 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 47431-47432 E4-1731 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Cache County, UT, 47483-47484 04-17863 Federal Motor Federal Motor Carrier Safety Administration RULES Motor carrier safety standards: Household goods transportation; consumer protection regulations Correction, 47386-47387 04-17931 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 47439-47440 04-17940 Fish Fish and Wildlife Service RULES Endangered Species Act: Joint counterpart consultation regulations, 47731-47762 04-17654 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Ceftiofur, 47362 04-17890 Gentamicin sulfate ophthalmic ointment, 47363 04-17891 Romifidine hydrochloride injectable solution, 47362-47363 04-17876 Sponsor name and address changes— Hess & Clark, Inc., 47360 04-17893 Sparhawk Laboratories, Inc., 47361-47362 04-17878 NOTICES Agency information collection activities; proposals, submissions, and approvals, 47448-47450 04-17879 Withdrawn, 47450 04-17877 Food Food Safety and Inspection Service NOTICES Committees; establishment, renewal, termination, etc.:

Meat and Poultry Inspection National Advisory Committee, 47401 04-17846 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.: Safe and Bright Futures for Children Initiative, 47440-47445 04-17835 Homeland Homeland Security Department See Coast Guard Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent:

Navajo Nation, AZ and NM; Ten-year Forest Management Plan, 47456 04-17841 Liquor and tobacco sale or distribution ordinance: Seneca Nation of Indians, NY, 47456-47459 04-17856 Tribal-State Compacts approval; Class III (casino) gambling: Mescalero Apache Tribe, NM, 47459 04-17882 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau IRS Internal Revenue Service RULES Income taxes: Qualified dividend income; time and manner of making election to treat as investment income, 47364-47365 04-17796 PROPOSED RULES Income taxes:

Qualified dividend income; time and manner of making election to treat as investment income; cross reference, 47395-47396 04-17797 NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 47485 04-17903 International International Trade Administration NOTICES Antidumping: Barbed wire and barbless fencing wire from— Argentina, 47404-47405 04-17922 Barium chloride from— China, 47405 04-17933 Glycine from— China, 47405-47407 04-17917 Honey from— China, 47407-47408 04-17934 Pure magnesium from— Canada, 47408-47409 04-17919 Sebacic acid from— China, 47409-47412 04-17936 Softwood lumber products from— Canada, 47413-47415 04-17911 Sorbitol from— France, 47415 04-17918 Stainless steel plate in coils from— Various countries, 47416-47417 04-17923 Wooden bedroom furniture from— China, 47417-47418 04-17937 Antidumping and countervailing duties:

Five-year (sunset) reviews— Initiation of reviews, 47404 04-17920 Countervailing duties: Stainless steel plate in coils from— South Africa, 47418-47419 04-17921 International International Trade Commission NOTICES Import investigations: Disk drives, components, and products containing same, 47460-47461 04-17899 Softwood lumber from— Canada, 47461 04-17865 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Pollution control; consent judgments:

Embassy Builders, Inc., et al., 47461-47462 04-17833 Thorson, Peter, et al., 47462 04-17832 Weyerhaeuser Co., 47462 04-17834 Land Land Management Bureau NOTICES Survey plat filings: Oregon and Washington, 47459-47460 04-17845 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 47465 04-18033 Library Library of Congress See Copyright Office, Library of Congress National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards: Exemption petitions, etc.— Coupled Products, Inc., 47484-47485 04-17932 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 47450-47451 04-17958 Meetings:

National Cancer Institute, 47451 04-17909 National Institute of Mental Health, 47451-47452 04-17908 04-17910 National Institute of Neurological Disorders and Stroke, 47453 04-17915 04-17916 National Institute on Alcohol Abuse and Alcoholism, 04-17912 47452-47453 04-17913 04-17914 NOAA National Oceanic and Atmospheric Administration RULES Endangered Species Act: Joint counterpart consultation regulations, 47731-47762 04-17654 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:

FirstEnergy Nuclear Operating Co., 47469-47470 04-17852 *Applications, hearings, determinations, etc.:* Entergy Operations, Inc., 47465-47467 04-17853 Florida Power & Light Co., 47467-47469 04-17854 Personnel Personnel Management Office RULES Pay under General Schedule: Locality-based comparability payments, 47353-47354 04-17842 RUS Rural Utilities Service NOTICES Environmental statements; notice of intent: North Carolina Electric Membership Corp., 47401-47402 04-17847 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

Morgan Stanley All-Star Growth Fund et al., 47470-47473 04-17848 Meetings; Sunshine Act, 47473 04-17993 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 47473-47474 04-17850 New York Stock Exchange, Inc., 47474-47476 04-17873 Options Clearing Corp., 47476-47477 04-17849 Pacific Exchange, Inc., 47477-47479 04-17872 Philadelphia Stock Exchange, Inc., 47479-47480 04-17871 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration NOTICES Aviation proceedings:

Agreements filed; weekly receipts, 47481 04-17929 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 47481 04-17930 Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 47485 04-17888 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 47487-47730 04-17312 Part III Commerce Department, National Oceanic and Atmospheric Administration;

Interior Department, Fish and Wildlife Service, 47731-47762 04-17654 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. 69 150 Thursday, August 5, 2004 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 531 RIN 3206-AK56 Locality-Based Comparability Payments AGENCY:

Office of Personnel Management. ACTION: Interim rule with request for comments. SUMMARY: The Office of Personnel Management is issuing interim regulations to provide that a locality rate of pay is considered basic pay for the purpose of computing danger pay allowances and post differentials for certain employees temporarily assigned to work in foreign areas for which the Department of State has established danger pay allowances. These regulations will aid agencies in responding to emergency, mission-critical staffing needs in support of the Global War on Terrorism and other international activities in imminently dangerous overseas work locations by increasing the danger pay allowance and post differential benefits for employees temporarily assigned to such locations.

DATES: *Effective Date:* August 5, 2004. *Applicability Date:* These regulations apply on the first day of the first applicable pay period beginning on or after August 5, 2004. *Comment Date:* Comments must be received on or before October 4, 2004. ADDRESSES: Send or deliver comments to Donald J. Winstead, Deputy Associate Director for Pay and Performance Policy, Office of Personnel Management, Room 7H31, 1900 E Street, NW., Washington, DC 20415-8200; FAX:

(202)606-4264; or e-mail: *pay-performance-policy@opm.gov.* FOR FURTHER INFORMATION CONTACT: Jeanne Jacobson,

(202)606-2858; FAX:

(202)606-0824; or e-mail: *pay-performance-policy@opm.gov.* SUPPLEMENTARY INFORMATION: The Office of Personnel Management

(OPM)is issuing interim regulations that amend 5 CFR 531.606(b) to provide that a locality rate of pay is considered basic pay for the purpose of computing danger pay allowances under 5 U.S.C. 5928 and post differentials under 5 U.S.C. 5925(a) for certain employees temporarily assigned to work in foreign areas for which the Department of State has established danger pay allowances. These regulations will aid agencies in responding to emergency, mission-critical staffing needs in imminently dangerous overseas work locations in support of the Global War on Terrorism and other international activities by increasing the danger pay allowance and post differential benefits for employees temporarily assigned to such locations. Overseas Danger Pay Allowances and Post Differentials Under 5 U.S.C. 5928, the Department of State may establish a danger pay allowance for a foreign area on the basis of civil insurrection, civil war, terrorism, or wartime conditions in that area which threaten physical harm or imminent danger to the health or well-being of an employee. A danger pay allowance may not exceed 25 percent of an employee's rate of basic pay. Employees are entitled to receive a danger pay allowance if they work in an approved danger pay post for a minimum of 4 hours in one day (including while on detail or in a temporary duty travel status). Under 5 U.S.C. 5925(a), the Department of State may establish a post differential for an overseas location based on conditions of environment that differ substantially from conditions of environment in the continental United States and warrant additional pay as a recruitment and retention incentive. A past differential may not exceed 25 percent of an employee's rate of basic pay. Employees working on extended detail or in a temporary duty travel status in an overseas location with an approved post differential are entitled to receive the post differential after working in a hardship post location for 42 days. The allowance and differential rates established by the Department of State apply to all United States Government civilian employees overseas, regardless of agency affiliation. Additional information on danger pay allowances and post differentials may be obtained from the Department of State at *http://www.state.gov/m/a/als/.* Locality Rates of Pay Locality rates of pay under 5 U.S.C. 5304 and 5 CFR part 531, subpart F, are authorized for employees whose official duty stations (as defined in 5 CFR 531.602) are located in one of the locality pay areas listed in 5 CFR 531.603, covering all locations in the 48 contiguous States and Washington, DC. Employees with official duty stations outside the 48 contiguous States are not entitled to locality pay. However, the official duty station of an employee who is temporarily assigned to work in a location outside the 48 contiguous States while on detail or in a temporary duty travel status generally remains the duty station of his or her permanent position of record as indicated on the most recent notification of personnel action. Such employees are entitled to receive the locality rate of pay associated with their official duty station while working overseas. Under 5 U.S.C. 5304(c)(2), a locality rate of pay must be considered part of basic pay for purposes of retirement under 5 U.S.C. chapters 83 or 84, as applicable; life insurance under 5 U.S.C. chapter 87; premium pay under 5 U.S.C. chapter 55, subchapter V; and for such other purposes as may be expressly provided for by law or as OPM may prescribe by regulation. OPM regulations provide that a locality rate of pay is considered basic pay for purposes of severance pay under 5 CFR part 550, subpart G, and advances in pay under 5 CFR part 550, subpart B. (See 5 CFR 531.606(b).) Computing Danger Pay Allowances and Post Differentials Using Locality Rates of Pay These interim regulations amend 5 CFR 531.606(b) to provide that a locality rate of pay is considered basic pay for the purpose of computing danger pay allowances under 5 U.S.C. 5928 and post differentials under 5 U.S.C. 5925(a) for employees temporarily assigned to work in a foreign area for which the Department of State has established a danger pay allowance. Covered employees must be temporarily assigned to locations with an approved danger pay allowance ( *e.g.* , via a detail or while in temporary duty travel status), have an official duty station that is located in a locality pay area specified in 5 CFR 531.603, and receive a locality rate of pay under 5 U.S.C. 5304. Using locality rates of pay to compute danger pay allowances and post differentials for employees who must work temporarily in imminently dangerous overseas duty locations will increase the size of these payments and enhance their benefit for affected employees. This, in turn, will help agencies better respond to critical staffing needs in certain overseas duty locations in support of the Global War on Terrorism and other important international activities. Prior to the effective date of these regulations, a locality rate of pay under 5 U.S.C. 5304 and 5 CFR part 531, subpart F, cannot be considered part of an employee's basic pay for the purpose of computing any overseas allowance or differential, including those paid to employees detailed to or on official travel in a foreign area. Agencies must correct the payment of any danger pay allowance, post differential, or other overseas allowance or differential paid prior to the effective date of these regulations if it was computed using a locality rate of pay authorized under 5 U.S.C. 5304. An overpayment may be recovered under an agency's regulations for collection by offset from an indebted Government employee under 5 U.S.C. 5514 and 5 CFR part 550, subpart K, or through the appropriate provisions governing Federal debt collection if the individual is no longer a Federal employee. However, the head of an agency may waive an overpayment under 5 U.S.C. 5584, as appropriate. Waiver of Notice of Proposed Rulemaking and Delay in Effective Date In order to give practical effect to these regulations at the earliest possible moment, I find that good cause exists to waive the general notice of proposed rulemaking pursuant to 5 U.S.C. 553(b)(3)(B). Also, I find that good cause exists for making this rule effective in less than 30 days. The delay in effective date is waived so that affected agencies and employees may benefit from the new provisions as quickly as possible. Increasing the danger pay allowance and post differential benefits for employees temporarily assigned to imminently dangerous overseas work locations will help agencies respond to emergency, mission-critical staffing needs in support of the Global War on Terrorism and other important international activities. E.O. 12866, Regulatory Review The Office of Management and Budget has reviewed this rule in accordance with E.O. 12866. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will apply only to Federal agencies and employees. List of Subjects in 5 CFR Part 531 Government employees, Law enforcement officers, Wages. Office of Personnel Management. Kay Coles James, Director. Accordingly, OPM is amending 5 CFR part 531 as follows: PART 531—PAY UNDER THE GENERAL SCHEDULE 1. The authority citation for part 531 continues to read as follows: Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Pub. L. 103-89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., p. 316; Subpart B also issued under 5 U.S.C. 5303(g), 5333, 5334(a), and 7701(b)(2); Subpart C also issued under 5 U.S.C. 5304, 5305, and 5553; sections 302 and 404 of Federal Employees Pay Comparability Act of 1990 (FEPCA), Pub. L. 101-509, 104 Stat. 1462 and 1466; and section 3(7) of Pub. L. 102-378, 106 Stat. 1356; Subpart D also issued under 5 U.S.C. 5335(g) and 7701(b)(2); Subpart E also issued under 5 U.S.C. 5336; Subpart F also issued under 5 U.S.C. 5304, 5305(g)(1), and 5553; and E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682 and E.O. 1306, 63 FR 68151, 3 CFR, 1998 Comp., p. 224; Subpart G also issued under 5 U.S.C. 5304, 5305, and 5553; section 302 of the FEPCA, Pub. L. 101-509, 104 Stat. 1462; and E.O. 12786, 56 FR 67453, 3 CFR, 1991 Comp., p. 376. Subpart F—Locality-Based Comparability Payments 2. In § 531.606, a new paragraph (b)(6) is added to read as follows: § 531.606 Administration of locality rates of pay.

(b)* * *

(6)Post differentials under 5 U.S.C. 5925(a) and danger pay allowances under 5 U.S.C. 5928 for an employee temporarily assigned to work in a foreign area for which the Department of State has established a danger pay allowance under 5 U.S.C. 5928, when the employee's official duty station is located in a locality pay area under § 531.603. [FR Doc. 04-17842 Filed 8-4-04; 8:45 am]

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