Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-09-17.xml --- 69 180 Friday, September 17, 2004 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Meetings: 2005 White House Conference on Aging Policy Committee, 56067-56068 04-20964 Agriculture Agriculture Department See Farm Service Agency See Forest Service NOTICES Privacy Act: Systems of records, 56031-56032 04-20930 Army Army Department See Engineers Corps NOTICES Meetings:

Defense Department Historical Advisory Committee, 56044 04-20956 Patent licenses; non-exclusive, exclusive, or partially exclusive: Collapsible and portable workstation, 56044 04-20957 Disposable package for agent activatable substance and package made thereby; method for making, 56044-56045 04-20958 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Bonneville Bonneville Power Administration NOTICES Reports and guidance documents; availability, etc.:

Bonneville Purchasing and Bonneville Financial Assistance Instructions, 56045-56046 04-20993 Coast Guard Coast Guard RULES Anchorage regulations and ports and waterways safety: Delaware Bay and River, safety zone, 55952-55954 04-20925 Ports and waterways safety: Wiscasset, ME; safety zone, 55954-55956 04-20927 Regattas and marine parades: Catholic Charities Dragon Boat Races, 55949-55951 04-20928 Chesapeake Bay Workboat Races, 55951-55952 04-20926 PROPOSED RULES Ports and waterways safety:

Monterey Bay and Humboldt Bay, CA; security zones, 56011-56015 04-21007 NOTICES Meetings: National Boating Safety Advisory Council, 56075-56076 04-20924 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 56037-56038 04-20999 04-21000 Commodity Commodity Futures Trading Commission RULES Commodity Exchange Act:

Futures commission merchants and introducing brokers; minimum financial and related reporting requirements Correction, 55949 04-21021 Defense Defense Department See Army Department See Engineers Corps RULES Acquisition regulations: Aviation critical safety items and related services; quality control, 55987-55989 04-21014 Berry Amendment changes, 55989 04-21020 Contract requirements; consolidation, 55986-55987 04-21017 Corrosion prevention and mitigation; acquisition plans, 55986 04-21019 Indian Incentive Program, 55989-55991 04-21015 Personal services contracts, 55991-55992 04-21018 Terrorist country; definition, 55992-55993 04-21016 NOTICES Environmental statements; availability, etc.:

Missile Defense Agency— Ballistic Missile Defense System, 56043-56044 04-20813 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 56045 04-20959 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.: President's High Growth Job Training Initiative, 56082-56097 04-20953 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 56098-56099 04-20734 Energy Energy Department See Bonneville Power Administration Engineers Engineers Corps NOTICES Meetings:

Estuary Habitat Restoration Council, 56044-56045 04-20955 EPA Environmental Protection Agency RULES Air programs; State authority delegations: Maryland [ **Editorial Note:** This document appearing at 69 55759 in the **Federal Register** of September 16, 2004 was incorrectly indexed in that issue's Table of Contents.] Air quality planning purposes; designation of areas: Nevada, 55956-55963 04-20973 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Dinotefuran, 55963-55975 04-20981 Thifensulfuron methyl, 55975-55982 04-20983 PROPOSED RULES Air programs; State authority delegations: Maryland [ **Editorial Note:** This document appearing at 69 55791 in the **Federal Register** of September 16, 2004 was incorrectly indexed in that issue's Table of Contents.] Superfund program: Landowner liability protection; standards for conducting appropriate inquiries into previous ownership, uses; and environmental conditions of property, 56016-56017 04-20972 NOTICES Agency information collection activities; proposals, submissions, and approvals, 56046-56051 04-20976 04-20977 04-20978 04-20979 04-20980 Air programs:

State implementation plans; adequacy status for transportation conformity purposes— Idaho, 56052 04-20975 Environmental statements; availability, etc.: Agency statements; comment availability, 56052-56053 04-20987 Agency statements; weekly receipts, 56053-56054 04-20986 Meetings: Exposure Modeling Work Group, 56054 04-20985 Pesticide Program Dialogue Committee, 56054-56055 04-20984 Pesticide, food, and feed additive petitions: Buckman Laboratories International, Inc., 56062-56066 04-20912 Pesticide programs:

Risk assesment— Phenol/sodium phenate, 56055-56058 04-20913 Risk assessments— Halohydantoins, 56060-56062 04-20911 Pine oil, 56058-56060 04-20910 Water supply: Public water supply supervision program— Colorado, 56066-56067 04-20974 Executive Executive Office of the President See Presidential Documents Farm Farm Service Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 56032-56033 04-20965 Grants and cooperative agreements; availability, etc.:

American Indian Targeted Credit Outreach Program, 56033-56036 04-20966 FAA Federal Aviation Administration RULES Airworthiness directives: Cessna, 55943-55947 04-20774 Class E airspace, 55947-55949 04-21010 NOTICES Aeronautical land-use assurance; waivers: Andalusia-Opp Airport, AL, 56111 04-20919 Gadsden Municipal Airport, AL, 04-20918 56111 04-20920 Grants and cooperative agreements; availability, etc.: Airport Improvement Program, 56111 04-21011 Passenger facility charges; applications, etc.:

Wilkes-Barre/Scranton International Airport, PA, 56111-56113 04-20921 FCC Federal Communications Commission RULES Common carriers: Individuals with hearing and speech disabilities; telecommunications relay and speech-to-speech services Correction, 55985-55986 04-21006 Common carrier services: Federal-State Joint Board on Universal Service— Schools and libraries; universal service support mechanism, 55983-55985 04-21005 Radio Frequency devices: Unlicensed devices and equipment approval Correction, 55982-55983 04-20906 Federal Reserve Federal Reserve System PROPOSED RULES Electronic fund transfers (Regulation E):

Financial institutions compliance requirements; official staff interpretation, 55996-56011 04-20939 NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 56067 04-20940 Fish Fish and Wildlife Service RULES Hunting and fishing: Refuge-specific regulations Correction, 55994-55995 04-20995 Migratory bird hunting: Tungsten-bronze-iron, etc., shot approval as nontoxic for waterfowl and coots hunting, 55994 04-20923 NOTICES Environmental statements; availability, etc.:

Incidental take permits— Travis County, TX; golden-cheeked warbler, 56077 04-20991 Food Food and Drug Administration NOTICES Committees; establishment, renewal, termination, etc.: Allergenic Products Advisory Committee et al.; public advisory committees; voting members, 56068-56069 04-20933 Human drugs: Drug products withdrawn from sale for reasons other than safety of effectiveness— ZOLOFT (sertraline hydrochloride) tablets, 56069 04-21022 Meetings: Anti-Infective Drugs Advisory Committee, 56070 04-20935 Pharmaceutical Science Advisory Committee, 56070 04-20934 Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Ohio, 56038 04-21004 Forest Forest Service NOTICES Environmental statements; notice of intent:

Coconino National Forest, AZ, 56036 04-20990 Meetings: National Urban and Community Forestry Advisory Council, 56036-56037 04-20931 Health Health and Human Services Department See Aging Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard NOTICES Environmental statements; availability, etc.: National Biodefense Analysis and Countermeasures Center Facility, Fort Detrick, MD, 56075 04-20994 Housing Housing and Urban Development Department PROPOSED RULES HUD-owned properties:

HUD-acquired single family property disposition; predatory lending practices; disciplinary actions against HUD-qualified real estate brokers, 56117-56120 04-20932 NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 56076 04-20735 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Surface Mining Reclamation and Enforcement Office NOTICES Meetings: Invasive Species Advisory Committee, 56076-56077 04-21003 International International Trade Administration NOTICES Antidumping:

Stainless steel plate in coils from— Belgium, 56038-56039 E4-2230 Structural steel beams from— Japan, 56039-56040 E4-2229 Countervailing duties: Hot-rolled flat-rolled carbon-quality steel products from— Brazil, 56040-56043 E4-2231 Justice Justice Department See National Institute of Corrections See Parole Commission Labor Labor Department See Employment and Training Administration See Employment Standards Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

California Coastal National Monument; resource management plan, 56077-56078 04-20917 Survey plat filings: Alaska, 56078-56079 04-20992 National Archives National Archives and Records Administration PROPOSED RULES Records management: Unscheduled records; transfer to storage facilities, 56015-56016 04-20929 NOTICES Agency records schedules; availability, 56099-56101 04-20954 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities; proposals, submissions, and approvals, 56101 04-20938 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards:

Lamps, reflective devices, and associated equipment— Motorcycle headlighting systems; asymmetrical headlamp beams; withdrawn, 55993-55994 04-21012 PROPOSED RULES Motor vehicle safety standards: Occupant crash protection— Vehicle modifications to accommodate people with disabilities, 56018-56023 04-20922 National Institute National Institute of Corrections NOTICES Grants and cooperative agreements; availability, etc.: Satellite/Internet broadcasts training programs, 56079-56082 04-20937 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 56071 04-20947 Meetings:

National Cancer Institute, 56072 04-20944 National Center for Research Resources, 56072 04-20941 National Heart, Lung, and Blood Institute, 56072-56073 04-20943 National Institute of Biomedical Imaging and Bioengineering, 56073 04-20946 National Institute of Mental Health, 56073 04-20945 National Library of Medicine, 56073-56074 04-20942 Reports and guidance documents; availability, etc.: National Institutes of Health; enhanced public access to health-related research information; comment request, 56074 04-21097 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Chum Salmon Savings Area; non-community development quota trawl gear prohibition, 55995 04-21001 PROPOSED RULES Fishery conservation and management: Atlantic highly migratory species— Large and small coastal sharks, 56024-56030 04-21002 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Kiski Valley Water Pollution Control Authority, 56102-56104 04-20989 Louisiana Energy Services; meeting, 56104-56105 04-20852 *Applications, hearings, determinations, etc.:* Westinghouse Electric Co., 56101-56102 04-20988 Parole Parole Commission NOTICES Meetings;

Sunshine Act Parole Commission, 04-21041 56082 04-21042 Personnel Personnel Management Office RULES Pay administration: Premium pay limitations, 55941-55943 04-20952 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Historically Black Colleges and Universities Week (Proc. 7814), 56151-56152 04-21123 National POW/MIA Recognition Day (Proc. 7815), 56151-56152 04-21124 National Prostate Cancer Awareness Month (Proc. 7813), 56145-56148 04-21122 Research Research and Special Programs Administration NOTICES Pipeline safety; waiver petitions:

Tractebel Power, Inc., 56113-56114 04-21013 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Barclays Global Fund Advisors et al., 56105-56107 E4-2232 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 56107-56110 E4-2227 SBA Small Business Administration NOTICES Disaster loan areas: Florida, 56110 04-20968 Indiana, 56110 04-20970 North Carolina, 56110 04-20967 South Carolina, 56111 04-20969 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Woman's Services Advisory Committee, 56074-56075 04-20960 Surface Surface Mining Reclamation and Enforcement Office RULES Abandoned mine land reclamation: Coal production fees, 56121-56131 04-20997 PROPOSED RULES Abandoned mine land reclamation: Coal production fees and fee allocation, 56131-56144 04-20998 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration Treasury Treasury Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 56114-56115 04-20996 Separate Parts In This Issue Part II Housing and Urban Development Department, 56117-56120 04-20932 Part III Interior Department, Surface Mining Reclamation and Enforcement Office, 56121-56144 04-20997 04-20998 Part IV Executive Office of the President, Presidential Documents, 56145-56148 04-21122 56151-56152 04-21123 04-21124 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. 69 180 Friday, September 17, 2004 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 550 RIN 3206-AJ56 Premium Pay Limitations AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management is issuing final regulations concerning the rules governing payment of premium pay and premium pay limitations for Federal employees.

The final rule implements a statute that raised the premium pay caps for most employees, permitted the use of an annual cap instead of a biweekly cap in additional circumstances, and made certain other changes. DATES: Effective October 18, 2004. FOR FURTHER INFORMATION CONTACT: Vicki Draper by phone at

(202)606-2858; by fax at

(202)606-0824; or by e-mail at *pay-performance-policy@opm.gov* . SUPPLEMENTARY INFORMATION: On April 19, 2002, the Office of Personnel Management

(OPM)published interim regulations (67 FR 19319) to implement the new premium pay limitations established by section 1114 of the National Defense Authorization Act for Fiscal Year 2002 (Pub. L. 107-107, December 28, 2001). Section 1114 amended 5 U.S.C. 5547, which establishes biweekly or annual limitations on the premium pay that a covered Federal employee may receive. By law, the section 1114 amendments became effective on the first day of the first pay period beginning on or after the 120th day following enactment. The 120th day fell on Saturday, April 27, 2002. Since most biweekly pay periods for Federal employees begin on a Sunday, these provisions began to apply on either April 28 or May 5, 2002, depending on the employing agency's payroll cycle. The 60-day comment period ended on June 18, 2002. We received comments from three Federal agencies. Applying the Annual Premium Pay Cap One agency expressed concern that the exact method of applying the annual premium pay cap is not clearly described in the current regulations and that certain interpretations could result in significant administrative burdens. The agency observed that an employee may be employed in multiple locality pay areas over the course of a year. Thus, if the annual cap is based on the last applicable locality pay area in a calendar year, an agency might have to correct payments made in past pay periods. The agency pointed out that the administrative burden would be even greater in cases where an employee transfers to a different agency and payroll provider. The agency recommended that OPM address these issues in regulations. It specifically requested that, in cases where an employee moves from one agency or activity to another, OPM not require the losing agency or activity to recompute the employee's premium pay entitlements based on changes in the applicable GS-15 maximum rate after the employee's departure. While we understand the agency's concerns about administrative burdens, the law expressly provides that the annual premium pay cap must be applied to an entire calendar year and that it is based on the applicable rates in effect at the end of the calendar year. A geographic move to an area with different pay rates can raise or lower an employee's aggregate basic pay and the end-of-year annual cap on premium pay. In turn, a change in aggregate basic pay or the end-of-year cap can change retroactively the date on which an employee reached the annual premium pay cap. In some cases, an agency may have to recompute retroactively the amount of premium pay owed for one or more pay periods. In certain cases where an employee transfers to a different agency, the former agency may need to provide the new agency with information on basic pay and premium pay received by the employee in the current calendar year through the date of transfer. In some cases, the new agency may need to provide information to the former agency regarding an employee's aggregate basic pay and end-of-year cap. Each agency is responsible for proper application of the annual cap for the pay periods during which it employed the employee. Agencies cannot avoid certain administrative burdens based on the express statutory language in 5 U.S.C. 5547(b)(2), and we cannot change the regulations without a legislative amendment to reduce or eliminate these administrative burdens. We note that § 550.106(e) provides that an agency may defer—until the end of the calendar year—payment of additional premium pay owed an employee who is subject to an annual cap. Thus, while some of the administrative burdens associated with applying the annual cap remain, an agency may be able to avoid the burden of collecting an overpayment in some cases. Emergency and Mission-Critical Work Determinations Under § 550.106(b)(1), the head of an agency or designee is authorized to make determinations concerning mission-critical work in order to apply the annual cap provisions of § 550.107(c) instead of the biweekly cap provisions in § 550.105(a). An agency commented that some readers have interpreted § 550.106(b)(1) to mean that a new written delegation of authority is required to cover a mission-critical work determination. The commenter recommended clarification that this phrase was not intended to require an agency head to generate new written delegations of authority. It is not our intent to mandate or require a new written delegation of authority to cover mission-critical work determinations. If an agency head has provided a broad delegation of authority that covers a variety of actions and that delegation can be interpreted to encompass the action of making a mission-critical work determination, a new delegation is not required. Another agency was concerned that § 550.106(a) and

(b)might be interpreted to require agencies to make emergency and mission-critical work determinations for each pay period, which would be administratively burdensome. The agency suggested that OPM clarify that these determinations could be made for a situation or event. The regulations do not require that separate emergency and mission-critical determinations be made for each pay period. The reference to “any pay period” at the beginning of § 550.106(a) and

(b)simply means that premium pay is subject to an annual cap instead of the biweekly cap for all pay periods during which the emergency or mission-critical work determination is in effect. Each agency should maintain appropriate documentation to show which pay periods are covered by a determination for each affected employee. The agency must either

(1)at the outset, prospectively set a specified period of time during which the determination will be in effect, or

(2)leave the ending date open-ended at the outset and then, at the appropriate time, take formal action to terminate the determination as of a specific date. We have received questions regarding what happens when the emergency or mission-critical work determination is terminated before the end of the calendar year. As provided in 5 U.S.C. 5547(b) and § 550.106(c), the annual cap applies to the entire calendar year. Even if an employee is again placed under a biweekly cap before the end of the calendar year (because the emergency or mission-critical work conditions are no longer in effect), the employee would still remain subject to the annual cap for the duration of the calendar year. Thus, we are adding a new paragraph

(g)to § 550.106 to state more clearly that an employee remains subject to the annual cap through the remainder of the calendar year and thus could be covered simultaneously by both the biweekly cap and the annual cap. Deferred Payments One agency commenter was concerned that § 550.106(e) might be interpreted as requiring an agency to defer until the end of the calendar year payment of *all* additional premium pay resulting from application of an annual cap. The commenter recommended revising the regulations to read, “an agency may defer payment of *some or all* of the additional premium pay.” The intent of the regulation was to provide agencies with broad authority to defer whatever amount of additional premium pay they determined to be appropriate. (In fact, an agency may even decide to release deferred monies to the employee well before the end of the calendar year if it determines this to be appropriate.) Accordingly, we are revising § 550.106(e) as recommended by the commenter. Calculation of Biweekly Cap An agency commenter stated that the calculations used to determine the biweekly cap are not clearly stated in §§ 550.105 and 550.107. The commenter suggested clarifying the calculations to be used in determining the biweekly cap. We calculate the biweekly premium pay cap for each locality pay area and publish this calculation in our annual publication of the Salary Table Book. We also post the biweekly premium pay cap for each locality pay area on our Web site. The premium pay caps can be accessed on our Web site at *http://www.opm.gov/oca/pay/HTML/factindx.asp* . In response to this comment, we are adding a new paragraph

(d)to § 550.105 that explains how biweekly rates are computed, consistent with the requirements of 5 U.S.C. 5504. Also, we are adding a paragraph in § 550.107 that refers to § 550.105(d). Other Comments An agency commenter recommended replacing the term “paycheck” in § 550.106(d)(3) with the term “salary payment,” since most employees are paid by direct deposit. We adopted this suggestion. An agency commenter suggested including a statement in the regulations that “pursuant to section 118 of the Omnibus Consolidated and Emergency Supplemental Appropriations for Fiscal Year 2001, the biweekly cap does not apply to premium pay for protective services authorized under 18 U.S.C. 3056(a).” (Section 118 provides for use of a special annual cap. This provision applies mainly to Secret Service agents.) We agree that the regular biweekly and annual premium pay caps do not apply to employees performing such protective services. Thus, we are adding a new paragraph

(e)to § 550.105 to acknowledge that, notwithstanding the provisions in § 550.105, premium pay for protective services authorized by 18 U.S.C. 3056(a) is subject to the requirements in section 118 of the Treasury and General Government Appropriations Act of 2001 (as enacted into law by section 1(3) of Pub. L. 106-554). An agency questioned why the special rules in § 550.107 (dealing with use of a biweekly cap for certain types of premium payments for employees otherwise under an annual cap) apply to non-law enforcement officers who are receiving annual premium pay for administratively uncontrollable overtime

(AUO)work. The agency noted that AUO pay is retirement-creditable for law enforcement officers only and that one of the rationales given for continued use of a biweekly cap was the retirement creditability of the types of payments listed in § 550.107. The interim regulations offered another rationale for the special treatment of AUO pay and other listed premium payments. These payments are intended to be stable salary supplements that employees can count on from pay period to pay period. Placing AUO pay under the annual cap provisions could result in loss of this salary supplement during the latter part of the calendar year. This rationale applies equally to non-law enforcement officers. Therefore, we believe it is appropriate that AUO pay be included under the special rules in § 550.107 regardless of the type of employee receiving it. 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 affect only Federal agencies and employees. E.O. 12866, Regulatory Review The Office of Management and Budget has reviewed this rule in accordance with Executive Order 12866. List of Subjects in 5 CFR Part 550 Administrative practice and procedure, Claims, Government employees, Wages. Office of Personnel Management. Kay Coles James, Director. Accordingly, the interim rule amending part 550 of title 5 of the Code of Federal Regulations, which was published at 67 FR 19319 on April 19, 2002, is adopted as final with the following changes: PART 550—PAY ADMINISTRATION (GENERAL) Subpart A—Premium Pay 1. The authority citation for subpart A of part 550 is revised to read as follows: Authority: 5 U.S.C. 5304 note, 5305 note, 5504(c), 5541(2)(iv), 5545a(h)(2)(B) and (i), 5547(b) and (c), 5548, and 6101(c); sections 407 and 2316 of Pub. L. 105-277, 112 Stat. 2681-101 and 2681-828 (5 U.S.C. 5545a); E.O. 12748, 3 CFR, 1992 Comp., p. 316. 2. In § 550.105, a new paragraph

(d)and

(e)are added to read as follows: § 550.105 Biweekly maximum earnings limitation.

(d)The biweekly rates of pay for the GS-15 maximum rate and for level V of the Executive Schedule are computed as follows:

(1)Compute an hourly rate by dividing the applicable published annual rate of basic pay by 2,087 hours and rounding the result to the nearest cent.

(2)Compute the biweekly rate by multiplying the hourly rate from paragraph (d)(1) of this section by 80 hours.

(e)Notwithstanding any other provision in this section, premium pay for protective services authorized by 18 U.S.C. 3056(a) is subject to the requirements in section 118 of the Treasury and General Government Appropriations Act of 2001 (as enacted into law by section 1(3) of Public Law 106-554). 3. In § 550.106, paragraphs (d)(3) and

(e)are revised and a new paragraph

(g)is added to read as follows: § 550.106 Annual maximum earnings limitation.

(d)* * *

(3)Compute an annual rate of pay by multiplying the biweekly rate from paragraph (d)(2) of this section by the number of pay periods for which a salary payment is issued in the given calendar year under the agency's payroll cycle ( *i.e.* , either 26 or 27 pay periods).

(e)An agency may defer payment of some or all of the additional premium pay owed an employee as a result of the annual limitation until the end of the calendar year.

(g)If an agency determines that the emergency or mission-critical work conditions are no longer in effect for an employee, it must resume application of the biweekly limitation. However, any premium pay the employee receives during the remainder of the calendar year is also subject to the annual limitation (as applied to any given pay period as described in paragraph

(c)of this section). 4. In § 550.107, paragraph

(d)is redesignated as paragraph

(e)and a new paragraph

(d)is added to read as follows: § 550.107 Premium payments capped on a biweekly basis when an annual limitation otherwise applies.

(d)The biweekly rates under paragraph

(c)of this section are computed as provided in § 550.105(d). [FR Doc. 04-20952 Filed 9-16-04; 8:45 am]

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