Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-12-17.xml --- 69 242 Friday, December 17, 2004 Contents Agricultural Agricultural Research Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-27599 75501-75502 04-27600 04-27601 Agriculture Agriculture Department See Agricultural Research Service See Farm Service Agency See Forest Service See Grain Inspection, Packers and Stockyards Administration See Rural Housing Service Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 75548-75551 04-27582 04-27583 04-27584 Coast Guard Coast Guard RULES Drawbridge operations:

Virginia, 75472 04-27676 PROPOSED RULES Drawbridge operations: New Jersey, 75493-75494 04-27675 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology NOTICES Agency information collection activities; proposals, submissions, and approvals, 75507-75508 04-27585 04-27586 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 75505-75507 04-27658 04-27659 CITA Committee for the Implementation of Textile Agreements NOTICES Export visa requirements; certification, waivers, etc.:

Various countries, 75516 04-27789 Textile and apparel categories: Chinese imports; safeguard actions, 75516-75517 E4-3712 Defense Defense Department NOTICES National Geospatial-Intelligence Agency: Aeronautical information publications; removal from public sale and distribution, 75517-75518 04-27645 Employee Employee Benefits Security Administration RULES Group health plans; access, portability, and renewability requirements: Mental health parity requirements; sunset date extended, 75797-75799 04-27531 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 75568-75569 04-27396 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office NOTICES Consumer products; energy conservation program:

American Water Heater Co.; waiver from commercial water heaters test procedure, 75518-75521 04-27643 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Kentucky, 75473-75478 04-27656 Missouri, 75478-75481 04-27661 Texas, 75478 04-27655 Reporting and recordkeeping requirements, 75472-75473 04-27663 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Kentucky, 75495 04-27657 Missouri, 75495 04-27662 Toxic substances:

Enzymes and proteins; nomenclature inventory, 75496 04-27642 NOTICES Agency information collection activities; proposals, submissions, and approvals, 75532-75535 04-27669 04-27670 Environmental statements; availability, etc.: Agency statements— Comment availability, 75536 04-27674 Weekly receipts, 75535-75536 04-27673 Superfund; response and remedial actions, proposed settlements, etc.: Sulphur Bank Mercury Mine Site, CA, 75536-75537 04-27668 Toxic and hazardous substances control:

New chemicals— Receipt and status information, 75537-75541 04-27672 Water pollution control: National Pollutant Discharge Elimination System— Massachusetts, New Hampshire, and Massachusetts Indian country lands; groundwater remediation and miscellaneous water discharge activities; general permits, 75541 04-27666 Water quality criteria: Aquatic life criteria document— Selenium, 75541-75546 04-27665 Farm Farm Service Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 75503 04-27602 FAA Federal Aviation Administration RULES Class E airspace, 75454-75455 04-27686 PROPOSED RULES Class E airspace, 75490-75492 04-27687 04-27688 NOTICES Advisory circulars; availability, etc.:

Identification and registration marking, 75587-75588 04-27597 Environmental statements; availability, etc.: Panama City-Bay County International Airport, FL; relocation, 75588 04-27691 Exemption petitions; summary and disposition, 04-27684 75588-75591 04-27685 Passenger facility charges; applications, etc.: Durango-La Plata County Airport, CO, 75591-75592 04-27692 Lafayette Regional Airport, LA, 75592-75593 04-27690 Monterey Peninsula Airport, CA, 75593 04-27694 Telluride Regional Airport, CO, 75593-75594 04-27693 Wayne County Airport Authority, MI, et al., 75594-75596 04-27689 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations:

Georgia, 75483-75484 04-27620 Pennsylvania and Puerto Rico, 75484-75486 04-27619 Flood insurance; communities eligible for sale: Ohio, 75481-75483 04-27618 PROPOSED RULES Flood elevation determinations: North Carolina, 75496-75499 04-27622 Vermont, 75499-75500 04-27621 NOTICES Agency information collection activities; proposals, submissions, and approvals, 75554-75555 04-27625 Disaster and emergency areas: Alaska, 75555 04-27624 Florida, 75555 04-27623 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints filed:

ANP Funding I, LLC, et al., 75526 E4-3692 Electric rate and corporate regulation filings, 75526-75532 E4-3680 E4-3687 E4-3699 Meetings: KeySpan LNG, L.P., 75532 E4-3689 Klamath Hydroelectric Project, 75532 E4-3693 *Applications, hearings, determinations, etc.:* American Electric Power Service Corp., 75521 E4-3685 ANR Pipeline Co., 75521 E4-3688 Dominion Cove Point LNG, LP, 75522 E4-3698 El Paso Merchant Energy - Petroleum Co., et al., 75522 E4-3686 Maritimes & Northeast Pipeline, L.L.C., 75522-75523 E4-3696 Northern Natural Gas Co., 75523 E4-3697 Pacific Gas & Electric Co., 75523-75524 E4-3684 Southern LNG Inc., 75524 E4-3691 TransColorado Gas Transmission Co., 75524-75525 E4-3694 Transcontinental Gas Pipe Line Corp., E4-3690 75525-75526 E4-3695 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 75546-75547 04-27654 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Critical habitat designations— Western snowy plover; Pacific Coast population, 75607-75771 04-26877 NOTICES Environmental statements; availability, etc.: Incidental take permits— Lower Colorado River, AZ, CA, and NV; southwestern willow flycatcher, etc.; habitat conservation program, 75556-75558 04-27677 MISSING FOR: Foreign Assets Control Office Foreign Assets Control Office RULES Cuban Assets, Sudanese Sanctions and Iranian Transactions regulations: Publication activities; general licenses, 75468-75472 04-27717 Forest Forest Service NOTICES Environmental statements; availability, etc.:

Santa Fe County, NM; Buckman Water Diversion Project, 75560-75561 04-26871 Environmental statements; notice of intent: Hoosier National Forest, IN, 75503-75504 04-27591 GSA General Services Administration NOTICES Federal travel: Per diem— Various States; maximum rates; correction, 75547 04-27605 Government Government Ethics Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 75547-75548 04-27644 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Grain inspection:

Bean standards; special grade designation “off-color”; proposed removal, 75504-75505 04-27626 Health Health and Human Services Department See Children and Families Administration See Inspector General Office, Health and Human Services Department Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department RULES Mortgage and loan insurance programs: Federal Housing Administration Credit Watch Termination Initiative; revisions, 75801-75809 04-27536 PROPOSED RULES FHA programs; introduction:

Multifamily accelerated processing; lender quality assurance enforcement, 75811-75818 04-27535 NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 75555-75556 04-27401 Inspector Inspector General Office, Health and Human Services Department NOTICES Program exclusions; list, 75551-75554 04-27647 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service See Reclamation Bureau IRS Internal Revenue Service RULES Income taxes:

S corporation securities; prohibited allocations, 75455-75468 04-27294 PROPOSED RULES Income taxes: S corporation securities; prohibited allocations, 75492-75493 04-27295 NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-27680 75604-75605 04-27681 04-27682 International International Trade Administration NOTICES Antidumping: Brake rotors from— China, 75508-75511 E4-3710 E4-3714 Circular welded carbon quality line pipe from— China, 75511 E4-3713 Individually quick frozen red raspberries from— Chile, 75511-75513 E4-3715 Countervailing duties:

Stainless steel sheet and strip in coils from— Korea, 75513-75515 E4-3711 International International Trade Commission NOTICES Import investigations: Sugar from— Various countries, 75568 04-27650 Labor Labor Department See Employee Benefits Security Administration See Employment Standards Administration Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.: Wyoming, 75558 04-27486 Environmental statements; availability, etc.: Rawlins Resource Management Plan, WY, 75558-75560 04-27532 Santa Fe County, NM;

Buckman Water Diversion Project, 75560-75561 04-26871 Meetings: Pinedale Anticline Working Group task groups, 75561 04-27648 Resource Advisory Councils— Northwest California, 75561 04-27592 Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 75596-75597 04-27603 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 75562-75564 04-27652 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards:

Hydraulic and electric brake systems, 75486-75489 04-27595 NOTICES Agency information collection activities; proposals, submissions, and approvals, 75597 04-27683 National Institute National Institute of Standards and Technology NOTICES Standards and conformity assessment; U.S.-China workshop; technical input request, 75515-75516 04-27646 National Park National Park Service NOTICES Environmental statements; availability, etc.: Guadalupe Mountains National Park and Big Bend National Park, TX and Carlsbad Caverns National Park, NM; fire management plans, 75564 04-27607 Petrified Forest National Park, AZ; general management plan revision, 75565 04-27608 Saint Croix National Scenic Riverway, WI;

Arrowhead-Weston Transmission Line Right-of-Way Crossing, 75565-75566 04-27610 Environmental statements; notice of intent: Fort Raleigh National Historic Site, NC; general management plan, 75566 04-27609 George Washington Birthplace National Monument, VA; general management plan, 75566-75567 04-27606 Wind Cave National Park, SD; elk management plan, 75567-75568 04-27611 National Science National Science Foundation NOTICES Meetings: NSF-NASA-Astronomy and Astrophysics Advisory Committee, 75569-75570 04-27617 Nuclear Nuclear Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.:

Licensing Support System Network Advisory Review Panel, 75570 04-27612 Reports and guidance documents; availability, etc.: Evaluation of loss of offsite power events at nuclear power plants: 1986-2003; comment request, 75570-75571 04-27613 Personnel Personnel Management Office RULES Pay under General Schedule: Locality pay areas; adjustments, 75451-75453 04-27660 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 75571 04-27649 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

Incidental take permits— Lower Colorado River, AZ, CA, and NV; southwestern willow flycatcher, etc.; habitat conservation program, 75556-75558 04-27677 Rural Rural Housing Service RULES Multi-family housing programs: Direct multi-family housing loans and grants Correction, 75454 04-27604 SEC Securities and Exchange Commission PROPOSED RULES Securities: Securities offerings (Regulation M); anti-manipulation rules, 75773-75795 04-27434 NOTICES Securities: Suspension of trading— Absolute Health & Fitness, Inc., 75571 04-27766 Aimsi Technologies, Inc., 75572 04-27767 Self-regulatory organizations; proposed rule changes:

Boston Stock Exchange, Inc., 75572-75573 E4-3701 Chicago Board Options Exchange, Inc., 75573-75576 E4-3700 E4-3703 International Securities Exchange, Inc., 75576-75578 E4-3702 National Association of Securities Dealers, Inc., 75578-75579 E4-3706 New York Stock Exchange, Inc., 75579-75580 E4-3704 Pacific Exchange, Inc., 75581-75582 E4-3705 Philadelphia Stock Exchange, Inc., 75582-75586 E4-3707 E4-3708 E4-3709 SBA Small Business Administration NOTICES Disaster loan areas: North Carolina, 75586 04-27651 State State Department NOTICES Foreign terrorists and terrorist organizations; designation:

Al Manar, 75587 04-27801 Jam’at al Tawhid wa’al-Jihad et al., 75587 04-27799 Libyan Islamic Fighting Group et al., 75587 04-27800 Surface Surface Transportation Board NOTICES Motor carriers: Collective-activities agreements; periodic review proceeding; comment request, 75597-75598 04-27629 Rail carriers: Control exemptions— Broe, Patrick D., et al., 75598-75599 04-27628 Railroad operation, acquisition, construction, etc.: CSX Transportation, Inc., 75599 04-27627 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board See Transportation Statistics Bureau Transportation Transportation Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 75599-75604 04-27588 04-27589 04-27590 04-27593 04-27594 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Boycotts, international:

Countries requiring cooperation; list, 75604 04-27631 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 75607-75771 04-26877 Part III Securities and Exchange Commission, 75773-75795 04-27434 Part IV Labor Department, Employee Benefits Security Administration, 75797-75799 04-27531 Part V Housing and Urban Development Department, 75801-75809 04-27536 Part VI Housing and Urban Development Department, 75811-75818 04-27535 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. 69 242 Friday, December 17, 2004 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 531 RIN 3206-AJ45 General Schedule Locality Pay Areas AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management is issuing final regulations on behalf of the President's Pay Agent to link the definitions of General Schedule locality pay area boundaries to the geographic scope of the new metropolitan statistical area definitions established by the Office of Management and Budget.

This regulation also establishes new criteria for evaluating areas adjacent to locality pay areas for inclusion in the pay area. The regulations retain all of the existing locality pay areas, which are expanded to include a number of additional locations. DATES: Effective date: December 17, 2004. FOR FURTHER INFORMATION CONTACT: Allan Hearne,

(202)606-2838; FAX:

(202)606-4264; e-mail: *pay-performance-policy@opm.gov.* SUPPLEMENTARY INFORMATION: Section 5304 of title 5, United States Code, authorizes locality pay for General Schedule

(GS)employees with duty stations in the contiguous United States and the District of Columbia. By law, locality pay is set by comparing GS pay rates with non-Federal pay rates for the same levels of work in each locality pay area. Non-Federal pay levels are estimated by means of salary surveys conducted by the Bureau of Labor Statistics (BLS). Currently, there are 32 locality pay areas: 31 separate metropolitan locality pay areas and a Rest of U.S.

(RUS)locality pay area that consists of all locations in the contiguous United States that are not part of one of the 31 separate metropolitan locality pay areas. Section 5304(f) of title 5, United States Code, authorizes the President's Pay Agent (the Secretary of Labor, the Director of the Office of Management and Budget (OMB), and the Director of the Office of Personnel Management (OPM)) to determine locality pay areas. The boundaries of locality pay areas must be based on appropriate factors, which may include local labor market patterns, commuting patterns, and the practices of other employers. The Pay Agent must give thorough consideration to the views and recommendations of the Federal Salary Council, a body composed of experts in the fields of labor relations and pay policy and representatives of Federal employee organizations. The President appoints the members of the Federal Salary Council, which submits annual recommendations to the President's Pay Agent about the locality pay program. On October 28, 2003, the Council recommended that the Pay Agent adopt new metropolitan statistical areas established by OMB as the basis for defining locality pay areas and new criteria for evaluating adjacent areas for inclusion in the locality pay area. The planned changes in locality pay area boundaries based on the Council's recommendations were published in the **Federal Register** on September 22, 2004, and the Pay Agent reviewed comments received through November 8, 2004, the end of the comment period. Based on the Council's recommendations, the Pay Agent is issuing final regulations that use county-based Metropolitan Statistical Area

(MSA)and Combined Statistical Area

(CSA)definitions established by OMB as the basis for defining GS locality pay areas. MSA and CSA definitions can be found at *http://www.whitehouse.gov/omb/bulletins/fy04/b04-03.html.* The Council also recommended and the Pay Agent is adopting new criteria for evaluating adjacent areas for inclusion in a locality pay area. The criteria are: 1. *For adjacent MSAs and CSAs:* To be included in an adjacent locality pay area, an adjacent MSA or CSA currently in the RUS locality pay area must have at least 1,500 GS employees and an employment interchange measure of at least 7.5 percent. 2. *For adjacent counties that are not part of a multi-county MSA or CSA:* To be included in an adjacent locality pay area, an adjacent county that is currently in the RUS locality pay area must have at least 400 GS employees and an employment interchange measure of at least 7.5 percent. 3. *For Federal facilities that cross locality pay area boundaries:* To be included in an adjacent locality pay area, that portion of a Federal facility outside of a higher-paying locality pay area must have at least 750 GS employees, the duty stations of the majority of those employees must be within 10 miles of the separate locality pay area, and a significant number of those employees must commute to work from the higher-paying locality pay area. The Council also recommended and the Pay Agent is adopting the rule that any county (or partial county in the case of portions of York County, ME) currently included in a metropolitan locality pay area will be retained in the locality pay area if the county or partial county has an employment interchange measure of 15 percent or more with the area covered by the new MSA or CSA definition. “Employment interchange measure” is defined by OMB as “the sum of the percentage of employed residents of the smaller entity who work in the larger entity and the percentage of the employment in the smaller entity that is accounted for by workers who reside in the larger entity.” Noting the disparity between Federal and non-Federal pay levels in the Kansas City, St. Louis, and Orlando locality pay areas as compared to the disparity in the RUS locality pay area, the Council recommended that the Pay Agent discontinue these three locality pay areas. The Pay Agent tentatively agreed to this change in its 2003 report to the President. Upon further review, however, the Pay Agent determined that it would be advisable to continue to monitor the disparity between Federal and non-Federal pay levels in the Kansas City, St. Louis, and Orlando areas before determining whether those areas should be discontinued. The Pay Agent asked the Federal Salary Council to review this matter. In its recommendation letter of October 21, 2004, the Council concluded that these three areas should be discontinued in 2006. OPM currently intends to publish a proposed rule on behalf of the Pay Agent next year to implement this recommendation of the Federal Salary Council. Impact and Implementation Overall, the changes in locality pay area boundaries move about 17,000 GS employees to metropolitan locality pay areas from the RUS locality pay area and retain about 16,000 GS employees in metropolitan locality pay areas that would have been excluded if only the new MSA definitions were used. Comments on the Proposed Rule OPM received 113 comments on the proposed regulations, including comments from Members of Congress from Massachusetts and Virginia and comments from three Federal agencies. The commenters generally supported the planned changes in locality pay areas. Many of the commenters cited high living costs as the justification for higher locality pay. However, living costs are not directly considered in setting locality pay or defining locality pay areas. Locality pay is set by comparing General Schedule and non-Federal pay for the same levels of work to allow the Government to recruit and retain an adequate workforce. Locality pay is not designed to equalize living standards for GS employees across the country. Since living costs are just one of many factors that affect the supply of and demand for labor, they are not considered separately. Some commenters suggested that other locations also should be added to a higher paying locality pay area. These locations include Beale Air Force Base in Yuba County, CA; Berks County, PA; Clinton County, OH; Cumberland County, ME; El Paso County, CO; Jefferson County, WA; Lancaster, PA; Mendocino County, CA; and Portland, ME. We have not adopted these suggestions because these locations do not meet the criteria established for being added to an adjacent locality pay area and because BLS is unable to conduct full-scale salary surveys in any of these locations. The Pay Agent notes that employees in Mendocino County, CA, used census data to measure Federal employment. The Federal Salary Council's criterion for inclusion in a locality pay area is based on the number of GS employees in an area. Census data include other Federal employees, such as uniformed military, blue-collar employees, and U.S. Postal Service employees. One commenter suggested that GS employment should not be used as a criterion for evaluating areas or that provisions should be allowed for exceptions if a strong rationale exists. The Pay Agent agrees with the Federal Salary Council that the number of GS employees in the area under consideration is an important factor in assessing areas and defers to the Council's judgment on the matter. The Pay Agent also concludes that exceptions to established rules should be avoided. Several commenters suggested that the boundaries of GS locality pay areas should coincide with the boundaries of certain Federal Wage System

(FWS)local wage areas. There are 32 GS locality pay areas and more than 130 FWS areas. Salary surveys for the GS program are conducted by the Bureau of Labor Statistics, are expensive to conduct, and therefore cover fewer areas. Those for the FWS program are conducted by the Department of Defense, cover jobs that are more readily matched to non-Federal jobs, and include more areas. The Pay Agent concludes that there is no basis for requiring that the boundaries of the GS locality pay areas coincide with the boundaries of the FWS local wage areas. One commenter expressed concern that delays in the Pay Agent's plans to merge the Kansas City, St. Louis, and Orlando locality pay areas with the Rest of U.S. locality pay area might delay plans to expand the existing small-scale salary survey of Austin, TX. The 1-year delay in discontinuing these three locality pay areas has not affected BLS’ plans to expand its salary surveys. One Federal agency sub-element commented that it is not experiencing recruitment and retention problems in Huntsville and that the Huntsville area should not be expanded. The same agency wished to retain the St. Louis locality pay area and expand the Chicago and Indianapolis areas in order to assist its recruitment efforts. While recruitment and retention issues are certainly important to the Government as an employer, they are not the basis for establishing or defining locality pay areas. The Pay Agent concludes that one agency sub-element's experience in a few areas should not affect the general methodology used to define the locality pay areas for all Federal agencies. One agency commented that expanding locality pay area boundaries could result in changes in special rates entitlements. OPM will address that issue in guidance we plan to issue later this year regarding the January 2005 pay adjustment. At its public meeting on September 27, 2004, and in its written recommendations of October 21, 2004, the Federal Salary Council noted that the York-Hanover-Gettysburg, PA CSA now meets the MSA/CSA criteria to be included in the Washington-Baltimore locality pay area. The Council recommended that the Pay Agent add the York area to the Washington-Baltimore locality pay area as part of this regulatory review. We also received written comments, including comments from the Department of Defense (the largest Federal agency in the area), supporting this recommendation. The final rule incorporates the York-Hanover-Gettysburg, PA CSA into the Washington-Baltimore locality pay area. Waiver of Delay in Effective Date In order to give practical effect to these regulations at the earliest possible moment, I find that good cause exists for making this rule effective immediately upon publication in the **Federal Register** . The delay in effective date is waived so that affected agencies and employees may benefit from the new locality pay area definitions on the effective date of the January 2005 GS pay adjustment. 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 § 531.602, the definition of *CMSA* is removed, a definition of *CSA* is added in alphabetical order, and the definition of *MSA* is revised to read as follows: § 531.602 Definitions. *CSA* means the geographic scope of a Combined Statistical Area, as defined by the Office of Management and Budget

(OMB)in OMB Bulletin No. 04-03, plus any areas subsequently added to the CSA by OMB. *MSA* means the geographic scope of a Metropolitan Statistical Area, as defined by the Office of Management and Budget

(OMB)in OMB Bulletin No. 04-03, plus any areas subsequently added to the MSA by OMB. 3. In § 531.603, paragraph

(b)is revised to read as follows: § 531.603 Locality pay areas.

(b)The following are locality pay areas for purposes of this subpart:

(1)Atlanta-Sandy Springs-Gainesville, GA-AL—consisting of the Atlanta-Sandy Springs-Gainesville, GA-AL CSA;

(2)Boston-Worcester-Manchester, MA-NH-ME-RI—consisting of the Boston-Worcester-Manchester, MA-NH CSA, plus the Providence-New Bedford-Fall River, RI-MA MSA, Barnstable County, MA, and Berwick, Eliot, Kittery, South Berwick, and York towns in York County, ME;

(3)Chicago-Naperville-Michigan City, IL-IN-WI—consisting of the Chicago-Naperville-Michigan City, IL-IN-WI CSA;

(4)Cincinnati-Middletown-Wilmington, OH-KY-IN—consisting of the Cincinnati-Middletown-Wilmington, OH-KY-IN CSA;

(5)Cleveland-Akron-Elyria, OH—consisting of the Cleveland-Akron-Elyria, OH CSA;

(6)Columbus-Marion-Chillicothe, OH—consisting of the Columbus-Marion-Chillicothe, OH CSA;

(7)Dallas-Fort Worth, TX—consisting of the Dallas-Fort Worth, TX CSA;

(8)Dayton-Springfield-Greenville, OH—consisting of the Dayton-Springfield-Greenville, OH CSA;

(9)Denver-Aurora-Boulder, CO—consisting of the Denver-Aurora-Boulder, CO CSA, plus the Ft. Collins-Loveland, CO MSA and Weld County, CO;

(10)Detroit-Warren-Flint, MI—consisting of the Detroit-Warren-Flint, MI CSA, plus Lenawee County, MI;

(11)Hartford-West Hartford-Willimantic, CT-MA—consisting of the Hartford-West Hartford-Willimantic, CT CSA, plus the Springfield, MA MSA and New London County, CT;

(12)Houston-Baytown-Huntsville, TX—consisting of the Houston-Baytown-Huntsville, TX CSA;

(13)Huntsville-Decatur, AL—consisting of the Huntsville-Decatur, AL CSA;

(14)Indianapolis-Anderson-Columbus, IN—consisting of the Indianapolis-Anderson-Columbus, IN CSA, plus Grant County, IN;

(15)Kansas City-Overland Park-Kansas City, MO-KS—consisting of the Kansas City-Overland Park-Kansas City, MO-KS CSA;

(16)Los Angeles-Long Beach-Riverside, CA—consisting of the Los Angeles-Long Beach-Riverside, CA CSA, plus the Santa Barbara-Santa Maria-Goleta, CA MSA and all of Edwards Air Force Base, CA;

(17)Miami-Fort Lauderdale-Miami Beach, FL—consisting of the Miami-Fort Lauderdale-Miami Beach, FL MSA, plus Monroe County, FL;

(18)Milwaukee-Racine-Waukesha, WI—consisting of the Milwaukee-Racine-Waukesha, WI CSA;

(19)Minneapolis-St. Paul-St. Cloud, MN-WI—consisting of the Minneapolis-St. Paul-St. Cloud, MN-WI CSA;

(20)New York-Newark-Bridgeport, NY-NJ-CT-PA—consisting of the New York-Newark-Bridgeport, NY-NJ-CT-PA CSA, plus Monroe County, PA, and Warren County, NJ;

(21)Orlando-The Villages, FL—consisting of the Orlando-The Villages, FL CSA;

(22)Philadelphia-Camden-Vineland, PA-NJ-DE-MD—consisting of the Philadelphia-Camden-Vineland, PA-NJ-DE-MD CSA, plus Kent County, DE, Atlantic County, NJ, and Cape May County, NJ;

(23)Pittsburgh-New Castle, PA—consisting of the Pittsburgh-New Castle, PA CSA;

(24)Portland-Vancouver-Beaverton, OR-WA—consisting of the Portland-Vancouver-Beaverton, OR-WA MSA, plus Marion County, OR, and Polk County, OR;

(25)Richmond, VA—consisting of the Richmond, VA MSA;

(26)Sacramento—Arden-Arcade—Truckee, CA-NV—consisting of the Sacramento—Arden-Arcade—Truckee, CA-NV CSA, plus Carson City, NV;

(27)St. Louis-St. Charles-Farmington, MO-IL—consisting of the St. Louis-St. Charles-Farmington, MO-IL CSA;

(28)San Diego-Carlsbad-San Marcos, CA—consisting of the San Diego-Carlsbad-San Marcos, CA MSA;

(29)San Jose-San Francisco-Oakland, CA—consisting of the San Jose-San Francisco-Oakland, CA CSA, plus the Salinas, CA MSA and San Joaquin County, CA;

(30)Seattle-Tacoma-Olympia, WA—consisting of the Seattle-Tacoma-Olympia, WA CSA;

(31)Washington-Baltimore-Northern Virginia, DC-MD-PA-VA-WV—consisting of the Washington-Baltimore-Northern Virginia, DC-MD-VA-WV CSA, plus the Hagerstown-Martinsburg, MD-WV MSA, the York-Hanover-Gettysburg, PA CSA, Culpeper County, VA, and King George County, VA; and

(32)Rest of U.S.—consisting of those portions of the continental United States not located within another locality pay area. 4. In § 531.606, paragraph

(g)is revised to read as follows: § 531.606 Administration of locality rates of pay.

(g)In the event of a change in the geographic coverage of a locality pay area as a result of the addition by OMB of a new area(s) to the definition of an MSA or CSA or as the result of any change made by the President's Pay Agent in the definition of a locality pay area, the effective date of any change in an employee's entitlement to a locality rate of pay under this subpart is the first day of the first pay period beginning on or after January 1 of the next calendar year. Any area removed by OMB from coverage within an MSA or CSA that serves as the basis for defining a locality pay area must be reviewed by the Federal Salary Council and the President's Pay Agent before a decision is made regarding the locality pay status of that area. [FR Doc. 04-27660 Filed 12-16-04; 8:45 am]

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