Unknown. Interim rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-10-15.xml --- 69 199 Friday, October 15, 2004 Contents Agency Agency for Toxic Substances and Disease Registry NOTICES Senior Executive Service: Performance Review Board; membership, 61252 04-23146 Agricultural Agricultural Marketing Service PROPOSED RULES Lamb promotion, research, and information; referendum, 61159-61164 04-23110 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service Alcohol Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals; comment requests, 61296-61299 04-23158 04-23159 04-23160 04-23161 Animal Animal and Plant Health Inspection Service NOTICES Committees; establishment, renewal, termination, etc.:

National Poultry Improvement Plan General Conference Committee, 61197 E4-2653 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act, 61202 04-23208 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 61252-61257 04-23142 04-23148 04-23149 04-23150 04-23151 Senior Executive Service:

Performance Review Board; membership, 61252 04-23146 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-23122 61257-61258 04-23123 Commerce Commerce Department 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, 04-23175 61201-61202 04-23176 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Bangladesh, 61207-61208 E4-2659 Malaysia, 61208 E4-2660 Defense Defense Department NOTICES Arms sales notification, transmittal letter, etc., 61208-61223 04-23118 04-23119 Committees; establishment, renewal, termination, etc.: Planning and Steering Advisory Committee, 61223 04-23114 Meetings: National Security Education Board, 61223-61224 04-23115 Science Board task forces, 04-23113 61224 04-23116 Threat Reduction Advisory Committee, 61224-61225 04-23117 Privacy Act: Systems of records, 61225-61227 04-23120 04-23121 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Postsecondary education— Federal student aid programs; institutional and applicant filing and reporting deadline dates extended, 61227-61228 04-23183 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 61266-61267 04-22974 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency NOTICES Air pollution control: Citizens suits; proposed settlements— Sierra Club, 61246-61248 04-23154 Environmental statements; availability, etc.:

Agency statements— Comment availability, 61248-61249 04-23153 Weekly receipts, 61248 04-23152 Meetings: National Drinking Water Advisory Council, 61249-61250 04-23258 FAA Federal Aviation Administration RULES Airworthiness directives: Becker Flugfunkwerk GmbH, 61144-61146 04-23143 Standard instrument approach procedures, 61146-61148 04-22945 FCC Federal Communications Commission RULES Common carrier services: Telecommunications act of 1996; implementation— Interstate pay-per-call and other information services, and toll-free number usage; truth-in-billing and billing format, 61152-61154 04-23191 PROPOSED RULES Common carrier services:

Telecommunications act of 1996; implementation— Interstate pay-per-call and other information services; truth-in-billing and billing format, 61184-61193 04-23192 Television broadcasting: Cable Television Consumer Protection Act— Cable television inside wiring rules, 61193-61196 04-23186 NOTICES Agency information collection activities; proposals, submissions, and approvals, 61250 04-23188 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Electric utilities (Federal Power Act):

Public utilities with market-based rate authority; changes in status reporting requirement, 61180-61184 04-23136 NOTICES Meetings: Maritimes & Northeast Pipeline, L.L.C.; technical conference, 61246 E4-2614 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 61228-61229 E4-2620 E4-2621 CenterPoint Energy - Mississippi River Transmission Corp., 61229 E4-2638 Columbia Gas Transmission Corp., 61229-61230 E4-2632 Dominion Transmission, Inc, E4-2640 61230-61231 E4-2641 El Paso Natural Gas Co., 61231 E4-2651 Gas Transmission Northwest Corp., E4-2624 61231-61232 E4-2634 Grand River Dam Authority, OK, 61232-61233 E4-2613 Guardian Pipeline, L.L.C., 61233 E4-2625 Gulf South Pipeline Co., LP, 61233-61234 E4-2610 Iroquois Gas Transmission System, L.P., E4-2619 61234 E4-2639 Kern River Gas Transmission Co., 61234-61235 E4-2642 Maritimes & Northeast Pipeline, L.L.C., 61235 E4-2626 Northern Natural Gas Co., 61235-61236 E4-2631 E4-2633 Northwest Pipeline Corp., 61236 E4-2644 OkTex Pipeline Co., 61237 E4-2637 Panhandle Eastern Pipe Line Co., LP, 61237 E4-2646 Portland General Electric Co., et al., 61237-61238 E4-2611 Questar Pipeline Co., 61238 E4-2623 SCG Pipeline, Inc., 61238 E4-2645 Southwest Gas Storage Co., 61238-61239 E4-2647 Tennessee Gas Pipeline Co., E4-2616 61239-61240 E4-2617 E4-2652 Texas Eastern Transmission, LP, E4-2622 61240-61241 E4-2635 Texas Gas Transmission, LLC, 61241 E4-2636 Tractebel Calypso Pipeline, LLC, 61241-61242 E4-2615 Transcontinental Gas Pipe Line Corp., E4-2609 61242 E4-2618 61243 E4-2648 E4-2649 Transwestern Pipeline Co., 61243-61244 E4-2650 Trunkline Gas Co., LLC, 61244 E4-2627 Viking Gas Transmission Co., 61244-61245 E4-2630 Williston Basin Interstate Pipeline Co., E4-2628 E4-2629 61245-61246 E4-2643 Wisconsin Electric Power Co., 61246 E4-2612 FMC Federal Maritime Commission NOTICES Meetings;

Sunshine Act, 61250 04-23224 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications— Aurandt, Robert L., et al.; vision requirement exemptions, 61292-61295 04-23162 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 61250-61252 04-23132 Banks and bank holding companies: Formations, acquisitions, and mergers, 61252 04-23131 Fish Fish and Wildlife Service NOTICES Endangered and threatened species and marine mammal permit applications, 61261-61262 04-23129 Endangered and threatened species permit applications, 61262 04-23130 Marine mammal permit applications, 61262 04-23128 Meetings:

Aquatic Nuisance Species Task Force, 61262-61263 04-23178 Klamath River Basin Fisheries Task Force, 61263 04-23141 Food Food and Drug Administration RULES Human drugs: Antiperspirant products (OTC); final monograph; partial stay, 61148-61150 04-23106 Forest Forest Service NOTICES Appealable decisions; legal notice: Intermountain Region, 61197-61198 04-23156 Environmental statements; availability, etc.: Rio Grande National Forest, CO; public meetings, 61199-61200 04-23155 Meetings:

Intergovernmental Advisory Committee, 61200 04-23144 Resource Advisory Committees— Wrangell-Petersburg, 61200-61201 04-23157 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Grant and cooperative agreement awards:

Institute for Health Care Improvement, 61258 04-23184 Senior Executive Service: Performance Review Board; membership, 61258-61259 04-23185 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 61259-61261 04-22966 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau International International Trade Administration NOTICES Antidumping:

Preserved mushrooms from— China and India, 61202-61203 E4-2661 Manufacturing Office; 3Rs Initiative (reduce waste, reuse, and recycle); comment request, 61203 04-23282 North American Free Trade Agreement (NAFTA); binational panel reviews: Pure magnesium from— Canada, 61203-61204 E4-2658 E4-2706 Labor Labor Department See Employment Standards Administration See Veterans Employment and Training Service Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.:

Wyoming, 61263-61264 04-22556 Environmental statements; availability, etc.: Clark County Regional Flood Control District, NV; flood control master plan, 61264-61265 04-23196 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Child restraint systems— Child restraint anchorage systems, 61154-61155 04-23135 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: Sea turtle conservation requirements— Gulf of Mexico and Atlantic Ocean; turtle excluder devices, 61155-61157 04-23190 Fishery conservation and management:

West Coast States and Western Pacific fisheries— Pacific Coast groundfish; correction, 61157-61158 04-23062 PROPOSED RULES Hydrographic products and services: Distributors certification requirements, 61165-61172 04-23167 Quality assurance and certification requirements, 61172-61180 04-23166 NOTICES Coastal zone management programs and estuarine sanctuaries: State programs— Intent to evaluate performance, 61204-61205 04-23164 Ocean and coastal resource management: Marine sanctuaries— Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve; reserve operations plan, 61205-61207 04-23165 Reports and guidance documents; availability, etc.:

Integrated Ocean Observing System Development Plan, 61207 04-23163 National Park National Park Service NOTICES Meetings: Native American Graves Protection and Repatriation Review Committee, 61265-61266 04-23177 National Science National Science Foundation NOTICES Meetings: Polar Programs Advisory Committee, 61268 04-23169 Social, Behavioral, and Economic Sciences Advisory Committee, 61268 04-23168 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; notice of intent:

USEC Inc., 61268-61270 04-23134 Pension Pension Benefit Guaranty Corporation RULES Single-employer plans: Allocation of assets— Interest assumptions for valuing and paying benefits, 61150-61152 04-23180 NOTICES Agency information collection activities; proposals, submissions, and approvals, 61270 04-23182 Single-employer and multiemployer plans: Interest rates and assumptions, 61270-61272 04-23181 Personnel Personnel Management Office RULES Post-employment restrictions; notification, 61143-61144 04-23194 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

Sacramento River, CA: settlement contracts; correction, 61266 04-23147 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 61272 04-23199 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 61272-61275 04-23124 04-23125 04-23126 National Association of Securities Dealers, Inc., 61275-61276 E4-2655 National Futures Association, 61276-61280 E4-2654 New York Stock Exchange, Inc., 61280-61289 E4-2657 Options Clearing Corp., 61289-61291 E4-2656 SBA Small Business Administration NOTICES Disaster loan areas:

Alabama, 61291-61292 04-23139 Puerto Rico, 61292 04-23140 State State Department NOTICES Foreign Assistance Act; determinations: Ethiopia; assistance waiver, 61292 04-23172 Foreign terrorists and terrorist organizations; designation: Jam’at al Tawhid wa’al-Jihad, 04-23173 61292 04-23174 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 61259 04-23145 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Idaho Northern & Pacific Railroad Co., 61295 04-23050 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau NOTICES Financial derivatives contracts with foreign residents; holdings and transactions;

Treasury International Capital Form D; reporting requirements, 61295-61296 04-23170 Foreign securities; U.S. ownership survey; reporting requirements, 61296 04-23171 Veterans Veterans Employment and Training Service NOTICES Meetings: President's National Hire Veterans Committee, 61268 04-23133 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 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. 69 199 Friday, October 15, 2004 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 730 RIN 3206-AK60 Notification of Post-Employment Restrictions AGENCY:

Office of Personnel Management. ACTION: Interim rule with request for comments. SUMMARY: The Office of Personnel Management is issuing interim regulations requiring agencies to notify members of the Senior Executive Service

(SES)and other employees in senior positions of certain post-employment conflict-of-interest restrictions. Agencies must provide written notification to affected employees of the new salary-based threshold for determining the applicability of the post-employment conflict-of-interest restrictions. DATES: *Effective Date:* January 1, 2004. *Applicability Date:* The regulations apply on the first day of the first applicable pay period beginning on or after October 15, 2004. *Comment Date:* Comments must be received on or before December 14, 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; by FAX at

(202)606-0824; or by e-mail at *pay-performance-policy@opm.gov.* FOR FURTHER INFORMATION CONTACT: For information, please contact Jo Ann Perrini by telephone at

(202)606-2858; by FAX at

(202)606-0824; or by e-mail at *pay-performance-policy@opm.gov.* SUPPLEMENTARY INFORMATION: Section 1125(b) of Public Law 108-136 established a new salary-based threshold for determining the applicability of certain post-employment conflict-of-interest restrictions under 18 U.S.C. 207(c). The new salary-based threshold became effective on the first day of the first applicable pay period beginning on or after January 1, 2004 (January 11, 2004, for most employees). As a result of the higher rates of basic pay established for members of the Senior Executive Service

(SES)upon conversion to the new performance-based SES pay system in January 2004, the vast majority of SES members are now subject to the post-employment restrictions in 18 U.S.C. 207(c). SES Performance-Based Pay System Section 1125(a) of Public Law 108-136 (November 24, 2003) amended 5 U.S.C. 5382 to establish a new performance-based pay system for the SES that became effective on the first day of the first pay period beginning on or after January 1, 2004 (January 11, 2004, for most employees). On January 13, 2004, the Office of Personnel Management

(OPM)issued interim regulations (69 FR 2048) to establish the new SES performance-based pay system, prescribe the rules for conversion to the new SES pay system, and outline the criteria for providing pay adjustments to SES members on or after the first applicable pay period beginning on or after January 1, 2004 (January 11, 2004, for most employees). Generally, the employee's newly converted SES rate of basic pay is equal to the rate of basic pay plus any applicable locality payment to which the employee was entitled on January 10, 2004. (In cases where the SES member's rate of basic pay, plus any applicable locality-based comparability payment under 5 U.S.C. 5304 to which the employee was entitled on November 24, 2003, was higher, the employee was entitled to that higher rate upon conversion to the new SES pay system.) Post-Employment Restrictions Section 1125(b)(1) amended 18 U.S.C. 207(c)(2)(A)(ii) to require SES members and other individuals who are paid at a rate of basic pay that is equal to or greater than 86.5 percent of the rate for level II of the Executive Schedule ( *i.e.* , equal to or greater than $136,757 in 2004) to be subject to the post-employment restrictions in 18 U.S.C. 207(c). In addition, a grandfather provision in section 1125(b)(1) applies to certain SES members and other individuals for a period of 2 years, through November 24, 2005. If such individuals, on November 23, 2003, were subject to 18 U.S.C. 207(c) and were employed in positions whose rate of basic pay, exclusive of locality payments under 5 U.S.C. 5304, was equal to or greater than the rate of basic pay payable for level 5 of the SES ( *i.e.* , $134,000), they will be subject to the 1-year post-employment restrictions in 18 U.S.C. 207(c) until November 24, 2005, without regard to any subsequent changes in position or pay. If at the end of the extended coverage period (November 24, 2005), a covered employee is paid at a rate of basic pay that is equal to or greater than 86.5 percent of the rate for level II of the Executive Schedule, he or she will continue to be subject to the post-employment restrictions in 18 U.S.C. 207(c). The post-employment restrictions in 18 U.S.C. 207(c) require that for 1 year after service in a covered position ends, no former employee may knowingly make, with the intent to influence, any communication to or appearance before an employee of a department or agency in which he or she served in any capacity during the 1-year period prior to ending service in that position, if that communication or appearance is made on behalf of any other person (except the United States) in connection with any matter concerning which he or she seeks official action by that employee. Employees subject to 18 U.S.C. 207(c) also are subject to 18 U.S.C. 207(f), which imposes additional restrictions on representing, aiding, or advising certain foreign entities with the intent to influence any officer or employee of any department or agency of the United States. Agency Notification Requirements Section 1125(b) also added a new section 7302 to chapter 73 of title 5, United States Code, to require OPM, in consultation with the Attorney General and the Office of Government Ethics, to promulgate regulations requiring each executive branch agency to provide written notification to an employee of that agency who is subject to the post-employment conflict-of-interest restrictions in 18 U.S.C. 207(c)(1) as a result of the amendment to 18 U.S.C. 207(c)(2)(A)(ii). On January 6, 2004, OPM issued a memorandum providing additional guidance on the new salary-based threshold for determining the applicability of certain post-employment conflict-of-interest restrictions to SES members. (See “Notification of Changes in Post-Employment Restrictions Coverage for Members of the Senior Executive Service (SES)” at *http://www.opm.gov/oca/compmemo/2004/2004-01.asp.* ) In that memorandum, OPM encouraged agencies to identify and notify those SES members who would be covered by the post-employment restrictions as of January 11, 2004. We also provided written sample notices that agencies could use to notify their employees. In these interim regulations, we have added a new 5 CFR part 730, which requires agencies to provide written notice to affected employees before, or as part of, any action that affects the employee's coverage under 18 U.S.C. 207(c)(1), including when employment or service in a covered position is terminated. A copy of the written notice must be provided simultaneously to the Designated Agency Ethics Official (or a delegate) for the agency involved. The notices are to be retained for the particular individual as part of the OGE/GOVT-1 Governmentwide System of Records. (See 68 FR 3098 (January 22, 2003) (Privacy Act system notice).) However, post-employment restrictions apply to covered employees whether or not they receive a written notice from their agencies. 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. Waiver of Notice of Proposed Rulemaking Pursuant to sections 553(b)(3)(B) and (d)(3), of title 5, United States Code, I find that good cause exists for waiving the general notice of proposed rulemaking and for making this rule effective in less than 30 days. These regulations implement section 1125(b) of Public Law 108-136, which requires OPM, in consultation with the Attorney General and the Office of Government Ethics, to promulgate regulations no later than 180 days after the law's effective date (by May 24, 2004). The waiver of the two requirements in sections 553(b)(3)(B) and (d)(3) is necessary in order for OPM to comply with the law by consulting with the designated officials and promulgating regulations by the deadline imposed by Congress. E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 12866. List of Subjects in 5 CFR Part 730 Government employees. Office of Personnel Management. Kay Coles James, Director. Accordingly, OPM is adding a new part 730 to read as follows: PART 730—NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS Sec. 730.101 Purpose. 730.102 Definitions. 730.103 Coverage. 730.104 Notification. 730.105 Savings provision. Authority: 5 U.S.C. 7302 and sec. 1125(b) of the National Defense Authorization Act for FY 2004, Pub. L. 108-136, 117 Stat. 1392. § 730.101 Purpose. This part implements 5 U.S.C. 7302, which requires agencies to provide written notice to senior executives and other individuals covered by 18 U.S.C. 207(c)(2)(A)(ii) that they are subject to certain post-employment conflict-of-interest restrictions in 18 U.S.C. 207(c). § 730.102 Definitions. *Agency* means an Executive agency as defined in 5 U.S.C. 105, but does not include the General Accounting Office. *Senior executive* means a member of the Senior Executive Service (SES). § 730.103 Coverage.

(a)The following individuals are subject to the post-employment conflict-of-interest restrictions in 18 U.S.C. 207(c), as amended by section 1125(b)(1) of the National Defense Authorization Act for FY 2004:

(1)Any individual, including a senior executive, who is paid at a rate of basic pay equal to or greater than 86.5 percent of the rate for level II of the Executive Schedule; and

(2)Any individual, including a senior executive, who as of November 23, 2003, was paid at a rate of basic pay, exclusive of any locality-based comparability payments under 5 U.S.C. 5304, equal to or greater than the rate of basic pay for level 5 of the Senior Executive Service on that date ( *i.e.* , $134,000). These employees are subject to the post-employment restrictions through November 24, 2005, without regard to any subsequent changes in position or pay.

(b)Nothing in this part affects individuals serving in positions described in 18 U.S.C. 207(c)(2)(A)(i), (iii), (iv), or (v). § 730.104 Notification.

(a)Agencies must provide written notification to senior executives and other individuals covered by the amendment to 18 U.S.C. 207(c)(2)(A)(ii) that they are subject to the post-employment conflict-of-interest restrictions in 18 U.S.C. 207, before, or as part of, any personnel action that affects the employee's coverage under 18 U.S.C. 207(c)(1), including when employment or service in a covered position is terminated. A copy of the written notice must be provided simultaneously to the Designated Agency Ethics Official (or his or her delegate). The written notice must include information on the applicable penalties or injunctions that may be imposed under 18 U.S.C. 216(a), (b), and

(c)for violations of the post-employment restrictions in 18 U.S.C. 207(c). The notice also must indicate that employees covered by 18 U.S.C. 207(c) are subject to 18 U.S.C. 207(f), which imposes additional post-employment restrictions on representing, aiding, or advising certain foreign entities.

(b)Notwithstanding paragraph

(a)of this section, the post-employment restrictions in 18 U.S.C. 207(c) apply to covered employees without regard to whether they receive written notice from their employing agency. § 730.105 Savings provision. Any post-employment restrictions established under 18 U.S.C. 207 and applicable prior to the first day of the first pay period beginning on or after January 1, 2004, remain in effect. [FR Doc. 04-23194 Filed 10-14-04; 8:45 am]

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