Unknown. Interim rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2005-04-29.xml --- 70 82 Friday, April 29, 2005 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Citizens’ Health Care Working Group, 22315 05-8533 Agriculture Agriculture Department See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 22293-22294 05-8586 Alcohol Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Alcohol; viticultural area designations:

Sta. Rita Hills, Santa Barbara County, CA; name change, 22283-22287 05-8575 Alcoholic beverages: Labeling and advertising; wines, distilled spirits, and malt beverages, 22274-22283 05-8574 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 PROPOSED RULES Medicare: Hospice wage index (2006 FY), 22394-22510 05-8387 NOTICES Agency information collection activities; proposals, submissions, and approvals, 22315-22317 05-8712 05-8713 Clinical Laboratories Improvement Amendments programs:

Laboratories, licensed; exemptions— Washington, 22317-22320 05-8286 Meetings: Medicare— Demonstration of Bundled Case-Mix Adjusted Payment System for End-Stage Renal Disease Services Advisory Board, 22320-22321 05-8386 Practicing Physicians Advisory Council, 22321-22322 05-8593 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.: Compassion Capital Fund Demonstration Program, 22331-22341 05-8608 Compassion Capital Fund Targeted Capacity Building Program, 22322-22331 05-8607 Coast Guard Coast Guard RULES Drawbridge operations:

Virginia, 22252-22255 05-8568 05-8569 Ports and waterways safety: Port of Fredericksted, Saint Croix, VI; security zone, 22255-22257 05-8539 PROPOSED RULES Drawbridge operations and ports and waterways safety: Port Everglades, FL; security zone, 22287-22291 05-8570 NOTICES Organization, functions, and authority delegations: Group Corpus Christi and Marine Safety Office Corpus Christi; consolidation into one command; Sector Corpus Christi, 22357-22358 05-8538 Commerce Commerce Department See Industry and Security Bureau 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, 22296-22298 E5-2053 E5-2054 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Innovation and improvement— Ready to Teach Program; correction, 22300 05-8614 Special education and rehabilitative services— Television access, 22300-22304 05-8615 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 22375-22376 05-8355 Energy Energy Department See Federal Energy Regulatory Commission See National Nuclear Security Administration NOTICES Meetings: Basic Energy Sciences Advisory Committee, 22304 05-8588 EPA Environmental Protection Agency RULES Air programs; approval and promulgation;

State plans for designated facilities and pollutants: Maine, 22266-22268 05-8603 Air quality implementation plans; approval and promulgation; various States: Pennsylvania, 22257-22259 05-8609 Virginia, 22263-22266 05-8606 Wisconsin, 22259-22263 05-8598 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Pennsylvania, 22291-22292 05-8610 Virginia, 22292 05-8605 NOTICES Environmental statements; availability, etc.: Agency statements— Comment availability, 22307-22308 05-8612 Weekly receipts, 22308-22309 05-8613 Toxic and hazardous substances control:

New chemicals— Receipt and status information, 22309-22312 05-8596 Water supply: Public water supply supervision program— West Virginia, 22312-22313 05-8595 FAA Federal Aviation Administration RULES VOR Federal Airways, 22246-22247 05-8536 PROPOSED RULES Airworthiness directives: Boeing, 22272-22274 05-8578 NOTICES Reports and guidance documents; availability, etc.: Secondary structures made from composite materials; certification guidelines; policy statement, 22389 05-8537 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 22313-22314 05-8583 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas:

Arizona, 22358 05-8564 California, 22358-22359 05-8565 Maine, 22359 05-8560 New Jersey, 22359-22360 05-8562 New York, 22360 05-8559 Pennsylvania, 22361 05-8561 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 22304-22306 E5-2055 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: San Diego, CA, 22389 05-8589 Federal Motor Federal Motor Carrier Safety Administration RULES Motor carrier safety standards:

Commercial driver's licenses with hazardous materials endorsement; limitations on issuance, 22268-22271 05-8572 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 22314 05-8571 Federal Transit Federal Transit Administration RULES Rail fixed guideway systems; State safety oversight, 22562-22583 05-8567 Food Food and Drug Administration NOTICES Human drugs: Patent extension; regulatory review period determinations— GEODON, 22341-22342 05-8587 Forest Forest Service NOTICES Environmental statements; notice of intent:

Mt. Hood National Forest and Columbia River Gorge National Scenic Area, OR, 22294-22296 05-8577 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Indian Health Service See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 22364-22368 05-8335 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.: Native American Research Centers for Health, 22342-22351 05-8465 Industry Industry and Security Bureau RULES Export administration regulations: Contact information, nomenclature change, and citation error correction, 22247-22250 05-8535 NOTICES Meetings:

Transportation and Related Equipment Technical Advisory Committee, 22298 05-8616 Interior Interior Department See Land Management Bureau See Minerals Management Service See National Park Service See Reclamation Bureau International International Trade Administration NOTICES Antidumping: Brake rotors from— China, 22298-22299 E5-2058 Countervailing duties: In-shell roasted pistachios from— Iran, 22299 E5-2059 Labor Labor Department See Employment Standards Administration See Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 22373-22375 05-8544 Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

Dillion Field Office-administered public lands, MT; resource management plan, 22368-22370 05-8541 East Alaska Resource Management Plan, 22370-22371 05-8540 Meetings: Pinedale Anticline Working Group task groups, 22371-22372 05-8591 Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulfur operations: Royalty rates relief or reduction; deep gas provisions; technical amendment, 22250-22252 05-8557 Mine Mine Safety and Health Administration NOTICES Safety standard petitions:

Spartan Mining Co. et al., 22376-22377 05-8573 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 22351-22352 05-8546 Meetings: National Cancer Institute, 22352-22353 05-8547 National Heart, Lung, and Blood Institute, 22353 05-8550 05-8551 National Institute of Allergy and Infectious Diseases, 22353-22354 05-8548 National Institute of Neurological Disorders and Stroke, 22354 05-8554 National Institute on Aging, 22354-22355 05-8555 National Institute on Drug Abuse, 22354 05-8552 National Library of Medicine, 22355 05-8549 Scientific Review Center, 22355-22356 05-8553 National National Nuclear Security Administration NOTICES Environmental statements; availability, etc.:

Lawrence Livermore National Laboratory, CA; continued operation and stockpile stewardship and management, 22306-22307 05-8600 NOAA National Oceanic and Atmospheric Administration NOTICES Permits: Marine mammals, 22299-22300 05-8604 National Park National Park Service NOTICES Meetings: National Capital Memorial Advisory Commission, 22372 05-8534 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Calvert Cliffs Nuclear Power Plant, Inc., 22377 E5-2052 Sacramento Municipal Utility District, CA, 22377-22378 E5-2051 Personnel Personnel Management Office RULES Absence and leave:

Federal Workforce Flexibility Act of 2004; implementation, 22245-22246 05-8681 Postal Postal Service RULES Privacy Act; implementation, 22512-22515 05-8446 NOTICES Privacy Act: Systems of records, 22516-22560 05-8444 Reclamation Reclamation Bureau NOTICES Power rate adjustments: Pick-Sloan Missouri Basin Program, 22372-22373 05-8579 SEC Securities and Exchange Commission NOTICES Meetings: Smaller Public Companies Advisory Committee Proposed agenda, 22378-22380 05-8622 Meetings;

Sunshine Act, 22380 05-8670 Securities: Suspension of trading— Active Link Communications, Inc., et al., 22380-22381 05-8671 Self-regulatory organizations; proposed rule changes: Philadelphia Stock Exchange, Inc., 22381-22382 E5-2050 SBA Small Business Administration NOTICES Meetings: Regulatory Fairness Boards— Region IV; hearing, 22382 05-8566 State State Department NOTICES Environmental statements; availability, etc.: International bridge between Calais, ME and St. Stephen, NB, Canada; construction, operation, and maintenance, 22382-22388 05-8592 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 22356-22357 05-8576 Surface Surface Transportation Board NOTICES Meetings;

Sunshine Act, 22389-22390 05-8668 Railroad services abandonment: Dakota, Missouri Valley & Western Railroad, Inc., 22390 05-8581 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Surface Transportation Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 22388-22389 05-8617 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau NOTICES Foreign securities;

U.S. ownership survey; reporting requirements, 22390-22391 05-8558 MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 22361-22364 05-8293 05-8294 Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 22391-22392 E5-2056 E5-2057 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 22394-22510 05-8387 Part III Postal Service, 22512-22560 05-8444 05-8446 Part IV Transportation Department, Federal Transit Administration, 22562-22583 05-8567 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 82 Friday, April 29, 2005 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 630 RIN 3206-AK80 Absence and Leave; Creditable Service 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 an agency with the authority to grant a newly appointed or reappointed employee credit for prior work experience that otherwise would not be creditable for the purpose of determining the employee's annual leave accrual rate. DATES: *Effective Date:* The interim regulations become effective on April 28, 2005. *Comment Date:* Comments must be received on or before June 28, 2005.

ADDRESSES: Send or deliver written comments to Donald J. Winstead, Deputy Associate Director for Pay and Performance Policy, Rm. 7H31, 1900 E Street, NW., Washington, DC 20415, by fax at

(202)606-0824, or by e-mail to *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(a) of the Federal Workforce Flexibility Act of 2004 (Public Law 108-411, October 30, 2004). Section 202(a) amends 5 U.S.C. 6303 to provide OPM with the authority to prescribe regulations under which a newly appointed or reappointed employee who is covered by the Federal annual and sick leave program established under chapter 63 of title 5, United States Code, may be given service credit for prior experience that otherwise would not be creditable for the purpose of determining the employee's annual leave accrual rate. An employee may receive credit if the experience was obtained in a position having duties that directly relate to the duties of the position to which he or she is being appointed and if it is determined by the head of the agency that the use of this authority is necessary in order to achieve an important agency mission or performance goal. Section 202(a) provides that not later than 180 days after enactment of the Act (April 28, 2005), OPM must prescribe regulations to allow the credit of non-Federal service for the purpose of determining an employee's annual leave accrual rate. OPM has added regulations at 5 CFR 630.205 to provide agencies with the authority to grant a newly appointed or reappointed employee with service credit for annual leave accrual rate purposes based on prior non-Federal work experience or a period of active duty in a uniformed service. The interim regulations at 5 CFR 630.205(a) allow the head of an agency or designee to provide service credit for work experience that otherwise would not be creditable for the purpose of determining the annual leave accrual rate of a newly appointed employee or an employee who is reappointed following a break in service of at least 90 calendar days after his or her last period of civilian Federal employment. Prior to granting such credit, the agency head or his or her designee must determine that the employee meets both of the following conditions:

(1)The skills and experience the employee possesses are essential to the new position and were acquired through performance in a non-Federal position having duties that directly relate to the position to which he or she is being appointed; and

(2)The use of this authority is necessary to achieve an important agency mission or performance goal. Previously, an employee who is a retired member of a uniformed service under 5 U.S.C. 3501 could be granted credit only for periods of active duty served during a campaign or expedition for which a campaign badge was issued. The new regulations at 5 CFR 630.205(b) provide that an employee who is a retired member of a uniformed service may be granted credit for any period of active military service during which he or she performed duties directly related to the position to which he or she is being appointed. As in the case of granting credit for non-Federal service, when hiring a retired member of the uniformed service, the head of the agency must determine that the use of this authority is necessary to achieve an important agency mission or performance goal. When an agency head or designee makes a determination to provide service credit for experience that otherwise would not be creditable, the agency must provide credit only for non-Federal work experience or experience in a uniformed service during which the employee performed duties that directly relate to the duties of the position to which he or she is appointed. An employee must provide written documentation, acceptable to the agency, of his or her qualifying service. The interim regulations at 5 CFR 630.205(e) require an agency to establish guidelines for documenting the use of this authority, as well as recordkeeping procedures to allow for the reconstruction of each action. Credit for non-Federal work experience or experience in a uniformed service is granted to an employee on the date of his or her initial appointment or reappointment following a break in service of 90 calendar days from the date of his or her last period of civilian Federal employment. Service credit granted to an employee will remain creditable for annual leave accrual purposes unless the employee fails to complete 1 full year of continuous service with the appointing agency. If an employee separates from Federal service or transfers to another agency prior to completing 1 full year of continuous service with the appointing agency, he or she is not entitled to retain service credit for non-Federal or active duty work experience. Prior to the transfer or separation of the employee, the agency must establish a new service computation date for leave under 5 U.S.C. 6303(a), subtracting the credit that was provided for non-Federal or military work experience. However, all unused annual leave accrued and accumulated by an employee as a result of receiving credit for non-Federal or uniformed service remains to the credit of the employee and must be transferred to the new agency under 5 CFR 630.501 or liquidated by a lump-sum payment under 5 CFR 550.1205, as appropriate. 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 630 Government employees. Dan G. Blair, Office of Personnel Management, Acting Director. Accordingly, OPM is amending 5 CFR part 630 to read 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; 630.205 also issued under Pub. L. 108-411, 118 Stat 2312; 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 B—Definitions and General Provisions for Annual and Sick Leave 2. Section 630.205 is added to read as follows: § 630.205 Credit for non-Federal and uniformed service for determining annual leave accrual rate.

(a)The head of an agency or his or her designee may, at his or her sole discretion, provide credit for service that otherwise would not be creditable under 5 U.S.C. 6303(a) for the purpose of determining the annual leave accrual rate of a newly appointed employee or an employee who is reappointed following a break in service of at least 90 calendar days after his or her last period of civilian Federal employment. The head of the agency or his or her designee must determine that the skills and experience the employee possesses are—

(1)Essential to the new position and were acquired through performance in a non-Federal position having duties that directly relate to the duties of the position to which he or she is being appointed; and

(2)Necessary to achieve an important agency mission or performance goal.

(b)Notwithstanding 5 U.S.C. 6303(a), the head of an agency or his or her designee may, at his or her sole discretion, provide credit for active duty uniformed service that otherwise would not be creditable under 5 U.S.C. 6303(a) for the purpose of determining the annual leave accrual rate of an employee who is a retired member of a uniformed service as defined by 38 U.S.C. 4303. The head of the agency or his or her designee must determine that the skills and experience the employee possesses are—

(1)Essential to the new position and were acquired through performance in a position in the uniformed services having duties that directly relate to the duties of the position to which he or she is being appointed; and

(2)Necessary to achieve an important agency mission or performance goal.

(c)When the head of an agency or his or her designee makes a determination to provide credit for non-Federal service or active duty in the uniform services under paragraph

(a)or

(b)of this section, he or she must determine the amount of service that will be credited. The amount of service credited may not exceed the actual amount of service during which the employee performed duties directly related to the position to which the employee is being appointed.

(d)An employee must provide written documentation, acceptable to the agency, of his or her non-Federal or uniformed service.

(e)The agency must establish documentation and recordkeeping procedures sufficient to allow reconstruction of each action.

(f)Credit for prior non-Federal or uniformed service work experience under paragraph

(a)or

(b)of this section is granted to the employee upon the effective date of his or her initial appointment to the agency or reappointment after a 90-day break in service and remains creditable for annual leave accrual purposes thereafter unless the employee fails to complete 1 full year of continuous service with the appointing agency.

(g)If an employee separates from Federal service or transfers to another agency before completing 1 full year of continuous service with the appointing agency—

(1)Any credit under paragraph

(a)or

(b)of this section must be subtracted from the employee's total creditable service before the employee transfers or separates, and the agency must establish a new service computation date for leave accrual purposes under 5 U.S.C. 6303(a);

(2)Any annual leave accrued or accumulated by an employee as a result of receiving credit for service under paragraph

(a)or

(b)of this section remains to the credit of the employee; and

(3)The agency must—

(i)Transfer the annual leave balance to the new employing agency under 5 CFR 630.501 if the employee is transferring to a position to which annual leave may be transferred; or

(ii)Make a lump-sum payment under 5 CFR 550.1205 for any unused annual leave if the employee is separating from Federal service or moving to a position to which annual leave cannot be transferred. [FR Doc. 05-8681 Filed 4-27-05; 2:37 pm]

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