Unknown. Final rule

2,665 words·~12 min read·/register/2005/05/10/05-9191

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--- schema: federal-register doc_type: fedreg source_file: FR-2005-05-10.xml --- 70 89 Tuesday, May 10, 2005 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service NOTICES Committees; establishment, renewal, termination, etc.: National Wildlife Services Advisory Committee; membership, 24498 05-9280 Environmental statements; availability, etc.:

Escherichis coli vaccine, live culture; field test, 24498-24499 05-9281 Army Army Department See Engineers Corps NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Electrospun fibers and an apparatus therefor, 24556 05-9311 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Disparities in Elderly Pneumococcal Vaccination, 24590-24594 05-9270 Poliovirus antibody seroprevalence among inner city preschool children; post-OPV era, 24594-24598 05-9274 Pro-active Pharmacist Pneumococcal Vaccination Programs, 24598-24603 05-9273 Coast Guard Coast Guard RULES Drawbridge operations:

Iowa and Illinois, 24482-24483 05-9302 PROPOSED RULES Drawbridge operations: Virginia, 24492-24494 05-9303 NOTICES Committees; establishment, renewal, termination, etc.: Prince William Sound Regional Citizens’ Advisory Committee, 24607-24608 05-9301 Meetings: Houston/Galveston Navigation Safety Advisory Committee, 24608-24609 05-9335 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

Singapore Free Trade Agreement; commercial availability— Vicose filament yarn, 100 percent cotton, woven flannel fabrics, etc., 24553-24556 05-9325 Defense Defense Department See Army Department See Engineers Corps See Navy Department Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Angeluzzi, Jay D., M.D., 24614-24615 05-9247 Elk International, Inc., 24615-24619 05-9251 Goodrich, James M., M.D., 24619-24620 05-9250 Jay Enterprises of Spartanburg, Inc., 24620-24622 05-9252 Jones, Stephen K., M.D., 24622 05-9246 Millette, Michael J., M.D., 24622-24625 05-9249 Mulhearn, Thomas J.

III, M.D., 24625-24626 05-9245 Net Wholesale, 24626-24627 05-9282 Poulter, John S., D.D.S., 24628-24629 05-9248 Smith, Robert A., M.D., 24629-24631 05-9244 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-9258 24557-24559 05-9259 05-9260 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Boston Harbor, MA; Inner Harbor Maintenance Dredging Project, 24556 05-9316 EPA Environmental Protection Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 24573-24574 05-9319 Meetings:

Nanoscale Materials, 24574-24576 05-9324 Executive Executive Office of the President See Presidential Documents Farm Farm Credit Administration NOTICES Meetings; Sunshine Act, 24576 05-9426 FAA Federal Aviation Administration RULES Airworthiness directives: CENTRAIR; correction, 24480-24481 05-9271 CFM International, 24481-24482 05-9275 Airworthiness standards: Special conditions— Cessna Model 650 airplanes, 24478-24480 05-9306 Class E airspace Correction, 24677 C5-7191 PROPOSED RULES Airworthiness directives:

Boeing, 24488-24490 05-9272 NOTICES Airport noise compatibility program: Noise exposure maps— McClellan-Palomar Airport, Carlsbad, CA, 24671 05-9305 Passenger facility charges; applications, etc.: Dayton International Airport, OH, 24671-24672 05-9304 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 24559-24560 E5-2251 Complaints filed: Mystic Development, LLC, 24567 E5-2247 Electric rate and corporate regulation filings, 24567-24572 E5-2267 E5-2268 E5-2270 Environmental statements; availability, etc.:

Borel Hydroelectric Project, CA, 24572 E5-2253 Meetings: California Independent System Operator Corp.; conference call, 24572 E5-2249 Midwest Independent Transmission System Operator, Inc., 24572-24573 E5-2271 *Applications, hearings, determinations, etc.:* Colorado Interstate Gas Co., 24560 E5-2275 Columbia Gas Transmission Co., 24560-24561 E5-2246 Discovery Gas Transmission LLC, 24561 E5-2278 El Paso Natural Gas Co., 24561 E5-2254 Enbridge Pipelines, 24562 E5-2274 Gulfstream Natural Gas System, L.L.C., 24562 E5-2272 Kinder Morgan Interstate Gas Transmission LLC, 24562-24563 E5-2285 Northern Natural Gas Co., 24563 E5-2273 Northwest Pipeline Corp., 24563 E5-2279 Panhandle Eastern Pipe Line Co., LP, 24564 E5-2281 E5-2282 Phoenix Energy Trading, LLC, 24564-24565 E5-2250 PPL Montana, LLC, 24565 E5-2252 Regional Transmission Organizations, et al., 24565 E5-2245 Sea Robin Pipeline Company, LLC, 24565-24566 E5-2276 E5-2277 TransColorado Gas Transmission Co., 24566 E5-2280 Trunkline Gas Co., LLC, 24566-24567 E5-2283 E5-2284 Vermont Electric Cooperative, Inc., 24567 E5-2248 Federal Financial Federal Financial Institutions Examination Council NOTICES Reports and guidance documents; availability, etc.:

Liability provisions limitation; unsafe and unsound use; alternative dispute resolution provisions; interagency advisory, 24576-24581 05-9298 FMC Federal Maritime Commission NOTICES Controlled carriers: Foreign carriers in U.S.-foreign trades; list, 24581 05-9322 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 24581-24583 05-9318 FTC Federal Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 24583-24586 05-9299 Premerger notification waiting periods; early terminations, 24587-24588 05-9262 Prohibited trade practices:

New Millennium Orthopaedics, LLC, et al., 24588-24590 05-9300 Fish Fish and Wildlife Service NOTICES Endangered and threatened species permit applications, 24611-24612 05-9243 Food Food and Drug Administration PROPOSED RULES Food for human consumption: Salmonella; shell egg producers to implement prevention measures, 24490-24491 05-9327 Human drugs: Radioactive drugs for research uses; meeting, 24491-24492 05-9326 NOTICES Agency information collection activities; proposals, submissions, and approvals, 24603-24605 05-9328 Meetings:

Medical Devices Advisory Committee, 24605 05-9296 Pulmonary-Allergy Drugs Advisory Committee, 24605-24606 05-9229 Reports and guidance documents; availability, etc.: FDA's Drug Watch for Emerging Drug Safety Information, 24606-24607 05-9297 Food Food Safety and Inspection Service PROPOSED RULES Meat and poultry inspection: Meat and meat product exportation to United States; eligible countries; addition— Chile, 24485-24488 05-9279 Forest Forest Service NOTICES Environmental statements; notice of intent:

Sawtooth National Forest, ID, 24499-24500 05-9254 Meetings: Resource Advisory Committees— Sanders County, 24501 05-9242 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Discretionary programs (SuperNOFA); correction, 24609-24611 05-9419 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 24675 E5-2243 Meetings:

Taxpayer Advocacy Panels, 24675-24676 E5-2244 International International Trade Administration NOTICES Antidumping: Chlorinated isocyanurates from— China, 24502-24506 E5-2235 Spain, 24506-24510 E5-2236 Granular polytetrafluoroethylene resin from— Japan, 24510-24511 E5-2237 Iron construction castings from— Brazil, 24513-24514 E5-2293 Canada, 24512-24513 E5-2291 China, 24511-24512 E5-2290 Large newspaper printing presses and components from— Japan, 24514-24516 E5-2287 Low enriched uranium from— France, 24516 E5-2295 Oil country tubular goods from— Mexico, 24517-24520 E5-2288 Oil country tubular goods, other than drill pipe, from— Argentina, 24516-24517 E5-2241 Potassium permanganate from— China, 24520 E5-2292 Small diameter carbon and alloy seamless standard, line, and pressure pipe from— Romania, 24520-24524 E5-2242 Small diameter seamless carbon and alloy steel standard, line and pressure pipe from— Brazil, 24524-24528 E5-2297 Solid urea from— Russian Federation, 24528-24529 E5-2289 Countervailing duties:

Iron construction castings from— Brazil, 24529-24530 E5-2294 Pure magnesium and alloy magnesium from— Canada, 24530-24533 E5-2296 Practice and procedure: Next business day rule; application for administrative determination deadlines, 24533 E5-2234 Scope rulings and anticircumvention determinations; list, 24533-24537 E5-2286 International International Trade Commission NOTICES Import investigations: Diamond sawblades and parts from— China and Korea, 24612-24613 05-9308 Granular polytetrafluoroethylene resin from— Italy and Japan, 24613-24614 05-9310 Justice Justice Department See Drug Enforcement Administration Labor Labor Department NOTICES Grants and cooperative agreements; availability, etc.:

Guyana; combating exploitive child labor through education, 24631-24644 05-9284 Land Land Management Bureau NOTICES Environmental statements; notice of intent: Sawtooth National Forest, ID, 24499-24500 05-9254 Oil and gas leases: Montana, 24612 05-9255 Maritime Maritime Administration RULES Merchant Marine training: Merchant Marine Academy and State maritime academy graduates; service obligation reporting requirements, 24483-24484 05-9307 NASA National Aeronautics and Space Administration NOTICES Committees; establishment, renewal, termination, etc.:

NASA Advisory Council, etc., 24644-24645 05-9240 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Atlantic highly migratory species— Atlantic shark, 24494-24495 05-9332 Northeastern United States fisheries— Lobster, 24495-24497 05-9331 NOTICES Agency information collection activities; proposals, submissions, and approvals, 24537-24538 05-9329 Meetings: Pacific Fishery Management Council, 24538 E5-2265 Permits: Marine mammals, 24538-24553 05-9330 05-9333 National Transportation National Transportation Safety Board NOTICES Meetings;

Sunshine Act, 24645 05-9425 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 24556-24557 05-9268 05-9277 Meetings: Chief of Naval Operations Executive Panel; correction, 24557 05-9276 Chief of Naval Operations Executive Panel, 24557 05-9269 Nuclear Nuclear Regulatory Commission NOTICES Operating licenses, amendments; no significant hazards considerations; biweekly notices, 24645-24662 E5-2207 Personnel Personnel Management Office RULES Pay administration:

Bi-weekly pay periods; pay computation, 24477-24478 05-9191 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Jewish Heritage Week (Proc. 7898), 24693-24695 05-9439 ADMINISTRATIVE ORDERS Syria; continuation of national emergency (Notice of May 5, 2005), 24697 05-9440 Research Research and Innovative Technology Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 24672 05-9264 RUS Rural Utilities Service NOTICES Environmental statements; notice of intent:

Georgia Transmission Corp., 24501-24502 05-9241 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 24663-24665 E5-2239 Fixed Income Clearing Corp., 24665-24666 E5-2240 National Securities Clearing Corp., 24666-24668 E5-2238 Philadelphia Stock Exchange, Inc., 24668 E5-2266 *Applications, hearings, determinations, etc.:* Centrue Financial Corporation, 24662-24663 E5-2269 Social Social Security Administration NOTICES Meetings:

Ticket to Work and Work Incentives Advisory Panel, 24668-24669 05-9278 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See Research and Innovative Technology Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-9265 24669-24671 05-9266 Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 24672-24675 05-9285 05-9286 05-9287 05-9288 Veterans Veterans Affairs Department PROPOSED RULES Adjudication; pensions, compensation, dependency, etc.:

Rights and responsibilities of claimants and beneficiaries; plain language rewrite, 24680-24691 05-9230 Separate Parts In This Issue Part II Veterans Affairs Department, 24680-24691 05-9230 Part III Executive Office of the President, Presidential Documents, 24693-24695, 24697 05-9439 05-9440 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 89 Tuesday, May 10, 2005 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 550 RIN 3206-AK62 Computation of Pay for Biweekly Pay Periods AGENCY:

Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management is issuing final regulations to implement a change in law that requires the pay of heads of agencies and other designated employees to be calculated and paid on a biweekly basis instead of on a monthly basis. The final regulations also prescribe the circumstances under which an agency may calculate the pay of an employee on a biweekly pay period basis whose pay otherwise would be calculated on a monthly or other basis.

DATES: The regulations are effective June 9, 2005. FOR FURTHER INFORMATION CONTACT: Jeanne Jacobson 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 final regulations to calculate pay on a biweekly pay period basis for employees whose pay was formerly calculated on a monthly basis. Section 1124 of Public Law 108-136 (November 24, 2003) amended 5 U.S.C. 5504 to require the pay of heads of agencies (including the heads of military departments) to be calculated and paid on a biweekly basis instead of on a monthly basis. This law also amended 5 U.S.C. 5504 to cover members of the Foreign Service, the Senior Foreign Service, and the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service. In addition, 5 U.S.C. 5504(c)(3), as amended, allows an agency to make exceptions and elect to calculate the pay of employees on a biweekly pay period basis whose pay otherwise would be calculated on a monthly or other basis. The law requires OPM to issue regulations providing guidelines for such exceptions. OPM issued proposed regulations on October 7, 2004, providing guidelines for agencies to use when electing to calculate the pay of employees on a biweekly pay period basis whose pay otherwise would be calculated on a monthly or other basis (69 FR 60097). The comment period for these proposed regulations ended on December 6, 2004. During the comment period, OPM received one comment from a Federal agency. The agency's concern dealt with the discussion in the Supplementary Information section of the **Federal Register** notice for the proposed regulations regarding how an agency head would be paid when he or she worked only a portion of a pay period. The agency thought the information in the “Computation of Pay” paragraph implied that an agency head who separated in the middle of a pay period would be paid for a full pay period of service. This was not the intent. An agency head who works only a portion of a pay period may be paid only for the number of hours worked in that pay period. Under 5 U.S.C. 5504, an agency must calculate the pay for fractional pay periods of work by dividing the agency head's annual salary by 2,087 to determine an hourly rate, and multiplying the hourly rate by the number of hours worked in the pay period. Since this was the only comment received, the proposed regulations are being adopted as final without any changes. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will affect only Federal agencies and employees. E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. List of Subjects in 5 CFR 550 Administrative practice and procedure, Claims, Government employees, Wages. Office of Personnel Management. Dan G. Blair, Acting Director. Accordingly, OPM is amending part 550 of title 5 of the Code of Federal Regulations as follows: PART 550—PAY ADMINISTRATION (GENERAL) 1. A new subpart F is added to part 550 to read as follows: Subpart F—Computation of Pay for Biweekly Pay Periods Sec. 550.601 Purpose. 550.602 Coverage. 550.603 Definitions. 550.604 Biweekly pay periods and computation of pay. 550.605 Exceptions. 550.606 Reporting exceptions to OPM. Authority: 5 U.S.C. 5504; Public Law 108-136, 117 Stat. 1637. Subpart F—Computation of Pay for Biweekly Pay Periods § 550.601 Purpose. This subpart provides regulations to implement 5 U.S.C. 5504 to compute pay on a biweekly pay period basis for employees in an agency, as defined in § 550.603. § 550.602 Coverage.

(a)This subpart applies to—

(1)An employee in or under an agency, except an employee excluded by paragraph

(b)of this section;

(2)The head of an agency;

(3)The head of a military department, as defined in 5 U.S.C. 102;

(4)A Foreign Service officer;

(5)A member of the Senior Foreign Service;

(6)A member of the Senior Executive Service; or

(7)A member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.

(b)This subpart does not apply to—

(1)An employee on the Isthmus of Panama in the service of the Panama Canal Commission; or

(2)An employee or individual excluded from the definition of employee in 5 U.S.C. 5541(2), except employees excluded by 5 U.S.C. 5541(2)(ii), (iii), and

(xiv)through

(xvii)are covered by this subpart. § 550.603 Definitions. In this subpart— *Agency* means an executive agency, as defined in 5 U.S.C. 105. *Employee* has the meaning given that term in 5 U.S.C. 2105. § 550.604 Biweekly pay periods and computation of pay. Agencies must apply the biweekly pay period and computation of pay provisions of 5 U.S.C. 5504 for employees covered by § 550.602(a). § 550.605 Exceptions. An agency head or designee may deem that an employee excluded from coverage under § 550.602(b)(2) is covered by 5 U.S.C. 5504 in situations where he or she determines that continuing to calculate the pay of such employees on a monthly or other basis would diminish the level of services provided to the public by the agency. An agency head or designee also may deem that otherwise excluded employees are covered by 5 U.S.C. 5504 when he or she determines that computing the pay of such employees under that provision of law would provide cost savings in agency operations. § 550.606 Reporting exceptions to OPM. Each agency must notify OPM in writing of any exceptions made under § 550.605. [FR Doc. 05-9191 Filed 5-9-05; 8:45 am]

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