Unknown. Interim rule with request for comments

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2005-03-21.xml --- 70 53 Monday, March 21, 2005 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Foreign Agricultural Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See National Agricultural Statistics Service See Natural Resources Conservation Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 13443 05-5460 Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 13448-13449 05-5521 Centers Centers for Disease Control and Prevention NOTICES CDC-INFO Contact Center; consolidated consumer response service for health information inquiries; announcement, 13506 05-5495 Meetings:

National Center for Environmental Health Agency for Toxic Substances and Disease Registry— Scientific Counselors Board, 13506-13507 05-5494 Centers Centers for Medicare & Medicaid Services RULES Medicare: Medicare Advantage Program, 13401-13402 05-5591 Medicare Prescription Drug Benefit, 13397-13400 05-5592 NOTICES Agency information collection activities; proposals, submissions, and approvals, 13507-13508 05-5563 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-5475 13508-13511 05-5476 05-5477 05-5478 Coast Guard Coast Guard RULES Great Lakes pilotage regulations:

Rate adjustments Correction, 13574 C5-4586 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13448 05-5522 Commodity Commodity Credit Corporation NOTICES Loan and purchase programs: Advance Direct and Counter-Cyclical program payments; repayment period extension, 13443-13444 05-5462 Customs Customs and Border Protection Bureau NOTICES Automation program test:

Automated Commercial Environment— Truck carrier accounts; automated manifest test, 13514-13516 05-5546 Customhouse broker license cancellation, suspension, etc.: Secure Customs Broker, Inc., et al., 13516-13517 05-5438 Defense Defense Nuclear Facilities Safety Board NOTICES Recommendations: Nuclear material; storage and handling outside engineered contamination barriers; safe packaging criteria, 13482-13485 05-5450 Education Education Department RULES Postsecondary education:

Higher education discretionary grant programs, 13371-13377 05-5547 NOTICES Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Indian Education Formula Grants to local educational agencies, 13485-13486 05-5545 Postsecondary education— Teacher Quality Enhancement Program, 13486-13489 05-5544 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Office of Biological and Environmental Research

(BER)recommendations: Microbes, microbial consortia, or modest-genome sized organisms; sequencing targets in support of science missions, 13489-13492 05-5492 EPA Environmental Protection Agency RULES Air programs; State authority delegations: Louisiana; correction, 13396-13397 05-5518 PROPOSED RULES Air programs; State authority delegations: Arizona, 13425-13442 05-5517 NOTICES Meetings: National Drinking Water Advisory Council, 13499-13500 05-5519 Farm Farm Credit System Insurance Corporation NOTICES Meetings: Farm Credit System Insurance Corporation Board, 13500 05-5493 FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 13345-13347 05-5297 Boeing, 13347-13356, 13368-13370 05-5298 05-5386 05-5388 Cessna, 13356-13358, 13362-13365 05-5382 05-5385 Fairchild Aircraft, Inc., 13359-13362 05-5383 General Electric Co., 13365-13368 05-5299 Class E airspace, 13370 05-5440 Procedural rules: Investigative and enforcement procedures; civil penalty actions, 13345 05-5439 NOTICES Advisory circulars; availability, etc.: Safety analysis; guidance methods, 13568 05-5441 FCC Federal Communications Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 13500-13501 05-5503 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Meetings: Petition for Rulemaking to Preempt Certain State Laws; public hearing, 13413-13425 05-5499 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 13493-13496 E5-1206 Meetings; Sunshine Act, 05-5558 13496-13499 05-5559 *Applications, hearings, determinations, etc.:* East Kentucky Power Cooperative, Inc., 13492 E5-1199 Hot Spring Power Co., LP, 13492-13493 E5-1201 Interstate Natural Gas Association of America, 13493 E5-1202 New Dominion Energy Cooperative, 13492 E5-1200 United Illuminating Co., et al., 13493 E5-1207 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 13543 05-5637 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications— National Cooperative Refinery Association et al., 13568-13570 05-5491 Federal Railroad Federal Railroad Administration NOTICES Traffic control systems; discontinuance or modification: Union Pacific Railroad Co., 13570 05-5490 FTC Federal Trade Commission NOTICES Prohibited trade practices: CompUSA Inc., 13501-13502 05-5512 Sharma, Priti, et al., 13502-13503 05-5514 Fish Fish and Wildlife Service RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Fish and shellfish; subsistence taking, 13377-13396 05-5469 MISSING FOR: Foreign Agricultural Service Foreign Agricultural Service NOTICES Trade adjustment assistance; applications, petitions, etc.: A.Sam Farm, Inc., 13444 05-5461 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Mississippi, 13449 05-5533 Missouri Pfizer, Inc.; pharmaceuticals manufacturing facilities, 13449-13450 05-5531 Pennsylvania, 13450 05-5536 Puerto Rico Pepsi-Cola Manufacturing International, Ltd.; soft drink and juice beverage concentrate manufacturing plant, 13450 05-5532 Tennessee Sanford LP; pencil manufacturing and writing and art products warehousing/distribution facility, 13450-13451 05-5534 Virginia, 13451 05-5535 Forest Forest Service RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Fish and shellfish; subsistence taking, 13377-13396 05-5469 NOTICES Agency information collection activities; proposals, submissions, and approvals, 13444-13445 05-5458 Meetings: National Tree-marking Paint Committee, 13445-13446 05-5459 GSA General Services Administration NOTICES Environmental statements; notice of intent: Derby Line, VT; border station facility, 13503-13504 05-5452 GIPSA Grain Inspection, Packers and Stockyards Administration PROPOSED RULES Fees: Official inspection and weighing services, 13411-13413 05-5501 NOTICES Beans; U.S. standards, 13446 05-5502 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 National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Reports and guidance documents; availability, etc.: Healthcare experiences of people with mobility impairment; measurements, 13504-13506 05-5436 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 13517-13518 E5-1215 Grants and cooperative agreements; availability, etc.: Discretionary programs (SuperNOFA), 13575-14383 05-5041 05-5041 Indian Indian Affairs Bureau NOTICES Indian entities recognized as eligible to receive services from BIA; list, 13518-13535 05-5470 Tribal-State Compacts approval; Class III (casino) gambling: Osage Nation, OK, 13535 05-5483 Pawnee Tribe, OK, 13535 05-5482 Reno-Sparks Indian Colony, NV, 13536 05-5481 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau IRS Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panels, 13572 E5-1216 International International Trade Administration NOTICES Antidumping: Bottle-grade polyethylene terephthalate

(PET)resin from— India, 13451-13453 05-5553 Indonesia, 13456-13458 E5-1222 Taiwan, 13454-13456 E5-1220 Thailand, 13453-13454 E5-1217 Corrosion-resistant carbon steel flat products from— Canada, 13458-13459 E5-1218 Small diameter circular seamless carbon and alloy steel standard, line and pressure pipe from— Brazil, 13459-13460 E5-1223 Countervailing duties: Bottle-grade polyethylene terephthalate

(PET)resin from— India, 13460-13462 E5-1219 Thailand, 13462-13464 E5-1221 International International Trade Commission NOTICES Import investigations: Andean Trade Preference Act; effect on U.S. economy and on Andean drug crop eradiation, 13542 05-5464 Live swine from— Canada, 13542-13543 05-5465 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Resource Advisory Council— Dakotas, 13536 05-5498 Resource management plans, etc.: San Diego County Border Mountains, CA, 13536-13537 05-5457 Millennium Millennium Challenge Corporation NOTICES Reports and guidance documents; availability, etc.: Millennium Challenge Corp.; quarterly report, 13543 05-5511 Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National Agricultural National Agricultural Statistics Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 13446-13447 05-5505 National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13543-13544 05-5437 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 13511-13512 05-5472 National toxicology program: Antimicrobial cleaning products; non-animal methods and approaches for determining skin and eye irritation potential; data request and panel nominations, 13512-13513 05-5471 Reports and guidance documents; availability, etc.: Ocular corrosives and severe irritants; evaluation of current validation status of in vitro test methods for identification, 13513-13514 05-5473 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Atlantic bluefish, 13402-13406 05-5541 Atlantic mackerel, squid and butterfish, 13406-13410 05-5543 NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-5523 13464-13466 05-5524 05-5525 05-5526 Marine mammals: Incidental taking; authorization letters, etc.— Lamont Doherty Earth Observatory; Aleutian Islands; marine seismic surveys; cetaceans and pinnipeds, 13466-13479 05-5542 Meetings: North Pacific Fishery Management Council, 13479-13480 E5-1214 Permits: Endangered and threatened species, 13480 05-5540 Marine mammals, 13480-13481 05-5538 05-5539 National Park National Park Service NOTICES Boundary establishment, descriptions, etc.: Flight 93 National Memorial, PA, 13537-13538 05-5449 Environmental statements; availability, etc.: Golden Gate National Recreation Area, CA; fire management plan, 13538-13540 05-5448 Environmental statements; record of decision: Saint Croix National Scenic River, WI, 13540 05-5446 National Register of Historic Places: Pending nominations, 13540-13541 05-5447 National Science National Science Foundation NOTICES Agency information collection activities; proposals, submissions, and approvals, 13544 05-5443 Meetings: Biological Sciences Advisory Committee, 13544-13545 05-5445 Computer and Information Science and Engineering Advisory Committee, 13545 05-5444 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes: Virginia, 13447-13448 05-5456 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Consumer Energy Co., 13545 05-5474 Occupational Occupational Safety and Health Administration RULES Safety and health standards: Shipyard employment fire protection; information collection, 13370-13371 05-5500 Personnel Personnel Management Office RULES Absence and leave: Senior Executive Service; accrual and accumulation, 13343-13345 05-5508 NOTICES Excepted service: Schedules A, B, and C: positions placed or revoked— Updates, 13546-13550 05-5435 Privacy Act: Computer matching programs, 13550-13551 05-5506 Postal Postal Rate Commission NOTICES Negotiated service agreements: Bank One Corp., 13551-13552 05-5504 Reclamation Reclamation Bureau NOTICES Central Valley Improvement Act: Water management plans; evaluation criteria development, 13541-13542 05-5496 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Burnham Investors Trust, et al., 13552-13555 E5-1213 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 13555-13557 E5-1204 Chicago Board Options Exchange, Inc., 13557-13560 E5-1208 E5-1210 E5-1211 National Association of Securities Dealers, Inc., 13560-13562 E5-1212 National Securities Clearing Corp., 13562-13563 E5-1209 Pacific Exchange, Inc., 13563-13564 E5-1203 SBA Small Business Administration NOTICES *Applications, hearings, determinations, etc.:* L Capital Partners, L.P., 13565 05-5509 Walker Investment Fund II, L.P., 13565 05-5510 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 13565-13567 05-5587 05-5588 05-5589 05-5590 Meetings: Eastern Europe and Independent States of Former Soviet Union Study Advisory Committee, 13567 05-5507 Statistical Statistical Reporting Service See National Agricultural Statistics Service Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13514 05-5497 Surface Surface Transportation Board NOTICES Railroad services abandonment: Sunset Railway Co. et al., 13570-13571 05-5484 TVA Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 13567-13568 05-5572 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 13571-13572 05-5451 05-5480 Veterans Veterans Affairs Department NOTICES Meetings: Gulf War Veterans’ Illnesses Research Advisory Committee, 13573 05-5442 Separate Parts In This Issue Part II Housing and Urban Development Department, 13575-14383 05-5041 05-5041 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. 70 53 Monday, March 21, 2005 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 630 RIN 3206-AK72 Absence and Leave; SES Annual Leave AGENCY: Office of Personnel Management. ACTION: Interim rule with request for comments. SUMMARY: The Office of Personnel Management is issuing interim regulations to implement a provision of the Federal Workforce Flexibility Act of 2004 which provides a higher annual leave accrual rate of 1 day (8 hours) per biweekly pay period for members of the Senior Executive Service, employees in senior-level and scientific or professional positions, and other employees covered by equivalent pay systems. DATES: *Effective Date:* The interim regulations will become effective on March 21, 2005. *Comment Date:* Comments must be received on or before May 20, 2005. ADDRESSES: Send or deliver written comments to Donald J. Winstead, Deputy Associate Director for Pay and Performance Policy, Division for Strategic Human Resources 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: Sharon Dobson by telephone at

(202)606-2858; by fax at

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

(OPM)is issuing interim regulations to implement section 202(b) of the Federal Workforce Flexibility Act of 2004 (Pub. L. 108-411, October 30, 2004). Section 202(b) amends 5 U.S.C. 6303 to add a new section

(f)to provide that members of the Senior Executive Service (SES), employees in senior-level

(SL)and scientific or professional

(ST)positions, and employees covered by an equivalent pay system, as determined by OPM, who are covered by the Federal annual and sick leave program established under chapter 63 of title 5, United States Code, will accrue annual leave at the rate of 1 day (8 hours) for each full biweekly pay period, without regard to their length of service in the Federal Government. Under 5 U.S.C. 6311, OPM has general authority to issue regulations necessary to administer the Federal annual and sick leave program established under chapter 63 of title 5, United States Code. We have amended the regulations at 5 CFR 630.301(a) to reflect the new annual leave accrual rate for members of the SES and employees in SL/ST positions. The higher annual leave accrual rate became effective on October 30, 2004 (the date of enactment of the Federal Workforce Flexibility Act of 2004). Section 6303 of title 5, United States Code, provides that employees accrue annual leave on the basis of full biweekly pay periods. Since the annual leave accrual rate changed during the October 17-30, 2004, pay period, agencies must credit annual leave accruals at the 8-hour accrual rate for affected employees who are employed for the full pay period beginning on October 17, 2004. Section 202(b) provides OPM with the authority to provide the 8-hour annual leave accrual rate to employees covered by a pay system that is equivalent to the SES pay system or the SL/ST pay system, as determined by OPM. We have extended coverage of the higher annual leave accrual rate to employees in the Senior Foreign Service, the Defense Intelligence Senior Executive Service, the Senior Cryptologic Executive Service, the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, and the Senior Intelligence Service. (See *http://www.opm.gov/oca/compmemo/2004/2004-23.asp.* ) In addition, we have approved agency requests to extend coverage to additional categories of employees which OPM has determined are covered by pay systems that are equivalent to the SES or SL/ST pay system. A list of the additional categories of employees to which OPM has extended coverage of the higher annual leave accrual rate is posted on OPM's Web site in the fact sheet titled “Annual Leave Accrual Rates for the Senior Executive Service, Senior-Level and Scientific or Professional Positions, or Equivalent Positions” at *http://www.opm.gov.oca/leave/HTML/ANNUAL.asp* . The law and the interim regulations at 5 CFR 630.301(b) allow the head of an agency to request that OPM authorize the 8-hour annual leave accrual rate for additional categories of employees who hold positions in pay systems determined by OPM to be equivalent to the SES pay system or the SL/ST pay system. Such a request must include documentation that the affected pay system is equivalent to the SES or SL/ST pay system because it meets all three of the following conditions: 1. Pay rates are established under an administratively determined

(AD)pay system that was created under a separate statutory authority. If an AD position has a single rate of pay established under an authority outside of 5 U.S.C. chapters 51 and 53, that single rate (excluding locality pay) must be higher than the rate for GS-15, step 10 (excluding locality pay). If an AD position is paid within a rate range established under an authority outside of 5 U.S.C. chapters 51 and 53, the minimum rate of the rate range (excluding locality pay) must be at least equal to the minimum rate for the SES and SL/ST pay systems (120 percent of the rate for GS-15, step 1, excluding locality pay), and the maximum rate of the rate range (excluding locality pay) must be at least equal to the rate for level IV of the Executive Schedule. 2. Covered positions are equivalent to a “Senior Executive Service position” as defined in 5 U.S.C. 3132(a)(2), a senior-level position ( *i.e.* , a non-executive position that is classified above GS-15, such as a high-level special assistant or a senior attorney in a highly-specialized field who is not a manager, supervisor, or policy advisor), or a scientific or professional position as described in 5 U.S.C. 3104; and 3. Covered positions are subject to a performance appraisal system established under 5 U.S.C. chapter 43 and 5 CFR part 430, subparts B and C, or other applicable legal authority, for planning, monitoring, developing, evaluating, and rewarding employee performance. If OPM approves an agency's request to extend coverage of the higher annual leave accrual rate to additional categories of employees, the change to the higher accrual rate will become effective for the pay period during which OPM approves the agency's request. As coverage is approved for additional categories of employees, they will be added to the list of approved categories at *http://www.opm.gov.oca/leave/HTML/ANNUAL.asp* . The higher annual leave accrual rate applies only to an employee who holds a position covered by the SES or SL/ST pay system or a position covered by a pay system determined by OPM to be equivalent to the SES or SL/ST pay system. An employee who moves from a covered pay system to a noncovered pay system is no longer entitled to the higher annual leave accrual rate. In such a case, the employee's annual leave accrual rate must be determined based on his or her length of Federal service, as provided in 5 U.S.C. 6303(a). Agencies must continue to follow current guidance in determining the service computation date for leave for current and newly appointed members of the SES, employees in SL/ST positions, and employees who hold positions in equivalent pay systems. Waiver of Notice of Proposed Rulemaking and Delayed Effective Date Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists for waiving the general notice of proposed rulemaking. Also, pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists for making this rule effective in less than 30 days. These regulations implement a provision of Public Law 108-411, which became effective on October 30, 2004. The waiver of the requirements for proposed rulemaking and a delay in the effective date is necessary to ensure timely implementation of the law as intended 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. 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 630 Government employees. Office of Personnel Management. Dan G. Blair, Acting Director. Accordingly, OPM is amending 5 CFR part 630 as follows: PART 630—ABSENCE AND LEAVE 1. The authority citation for part 630 is revised to read as follows: Authority: 5 U.S.C. 6311; 630.301 also issued under Pub. L. 103-356, 108 Stat. 3410 and Pub. L. 108-411, 118 Stat 2312; 630.303 also issued under 5 U.S.C. 6133(a); 630.306 and 630.308 also issued under 5 U.S.C. 6304(d)(3), Pub. L. 102-484, 106 Stat. 2722, and Pub. L. 103-337, 108 Stat. 2663; subpart D also issued under Pub. L. 103-329, 108 Stat. 2423; 630.501 and subpart F also issued under E.O. 11228, 30 FR 7739, 3 CFR, 1974 Comp., p. 163; subpart G also issued under 5 U.S.C. 6305; subpart H also issued under 5 U.S.C. 6326; subpart I also issued under 5 U.S.C. 6332, Pub. L. 100-566, 102 Stat. 2834, and Pub. L. 103-103, 107 Stat. 1022; subpart J also issued under 5 U.S.C. 6362, Pub. L. 100-566, and Pub. L. 103-103; subpart K also issued under Pub. L. 105-18, 111 Stat. 158; subpart L also issued under 5 U.S.C. 6387 and Pub. L. 103-3, 107 Stat. 23; and subpart M also issued under 5 U.S.C. 6391 and Pub. L. 102-25, 105 Stat. 92. Subpart C—Annual Leave 2. In § 630.301, the section heading is revised, paragraphs (a), (b), (c), (d), and

(e)are redesignated as paragraphs (e), (f), (g), (h), and (i), respectively, and new paragraphs (a), (b), (c), and

(d)are added to read as follows: § 630.301 Annual leave accrual and accumulation—Senior Executive Service.

(a)Annual leave accrues at the rate of 1 day (8 hours) for each full biweekly pay period for an employee who is covered by 5 U.S.C. 6301, who is employed for the full pay period, and who—

(1)Holds a position in the Senior Executive Service

(SES)which is subject to 5 U.S.C. 5383; or

(2)Holds a senior-level

(SL)or scientific or professional

(ST)position which is subject to 5 U.S.C. 5376.

(b)The head of an Executive agency may request that OPM authorize an annual leave accrual rate of 1 full day (8 hours) for each biweekly pay period for additional categories of employees who are covered by 5 U.S.C. 6301 and who hold positions that are determined by OPM to be equivalent to positions subject to the pay systems under 5 U.S.C. 5383 or 5376. Such a request must include documentation that the affected pay system is equivalent to the SES or SL/ST pay system because it meets all three of the following conditions:

(1)Pay rates are established under an administratively determined

(2)Covered positions are equivalent to a “Senior Executive Service position” as defined in 5 U.S.C. 3132(a)(2), a senior-level position ( *i.e.* , a non-executive position that is classified above GS-15, such as a high-level special assistant or a senior attorney in a highly-specialized field who is not a manager, supervisor, or policy advisor), or a scientific or professional position as described in 5 U.S.C. 3104; and

(3)Covered positions are subject to a performance appraisal system established under 5 U.S.C. chapter 43 and 5 CFR part 430, subparts B and C, or other applicable legal authority, for planning, monitoring, developing, evaluating, and rewarding employee performance.

(c)If OPM approves an agency's request to cover additional categories of employees, the higher annual leave accrual rate will become effective for the pay period during which OPM approves the agency's request. Agencies must credit annual leave at the 8-hour accrual rate for affected employees who are employed for the full pay period.

(d)An employee who moves to a position not covered by this section will no longer be entitled to the higher annual leave accrual rate established under paragraph

(a)or

(b)of this section, except as provided in 5 U.S.C. 6303(a). Upon movement to a noncovered position, an employee's annual leave accrual rate must be determined based on his or her years of creditable service, as provided in 5 U.S.C. 6303(a). 3. In § 630.301, in newly redesignated paragraph (f)(2), remove the phrase “in paragraph

(a)of this section” and add in its place “in paragraph

(e)of this section”. 4. In § 630.301, in newly redesignated paragraphs

(g)and (i), remove the phrase “under paragraph

(d)of this section” and add in its place “under paragraph

(h)of this section” wherever it occurs. [FR Doc. 05-5508 Filed 3-18-05; 8:45 am]

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