Unknown. Interim rule with request for comments
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/register/2005/08/04/05-15259A 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-2005-08-04.xml --- 70 149 Thursday, August 4, 2005 Contents Agency Agency for Toxic Substances and Disease Registry NOTICES Grants and cooperative agreements; availability, etc.: Applied research for populations around hazardous waste sites, 44925-44929 05-15412 Agriculture Agriculture Department See Forest Service See Natural Resources Conservation Service Centers Centers for Disease Control and Prevention NOTICES Grant and cooperative agreement awards:
Human immunodeficiency virus (HIV)— Botswana Government, 44930 05-15411 Mozambique; Ministry of Women and Social Welfare, 44929-44930 05-15410 Centers Centers for Medicare & Medicaid Services RULES Medicare: Hospice wage index (FY 2006), 45130-45247 05-15290 Skilled nursing facilities; prospective payment system and consolidating billing, 45026-45127 05-15221 PROPOSED RULES Medicare: Civil monetary penalties, assessments, exclusions, and related appeals procedures, 44879-44882 05-15291 NOTICES Meetings:
Medicaid Commission, 44930-44931 05-15522 Coast Guard Coast Guard RULES Drawbridge operations: California, 44852 05-15417 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Copyright Copyright Office, Library of Congress PROPOSED RULES Copyright office and procedures: Preregistration of certain unpublished copyright claims, 44878-44879 05-15458 Defense Defense Department NOTICES Meetings: Independent Review Panel to Study the Relationships Between Military Department General Counsels and Judge Advocates General, 44914 05-15469 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:
Special education and rehabilitative services— State data collection technical assistance and general supervision enhancement grant programs, 44914-44921 05-15460 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 44921 05-15549 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Hawaii, 44852-44855 05-15436 Washington, 44855-44857 05-15439 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:
Tebuconazole, 44857-44866 05-15440 NOTICES Reports and guidance documents; availability, etc.: National environmental performance track and State performance-based environmental leadership programs; Environmental Council of States collaboration, 44921-44923 05-15438 FAA Federal Aviation Administration RULES Airmen certification: Second-in-command pilot type rating; qualification procedures, 45264-45272 05-15376 PROPOSED RULES Air traffic operating and flight rules, etc.: Washington, DC, metropolitan special flight rules area; certain aircraft operations flight restrictions, 45250-45262 05-15375 Class E airspace, 44868-44870 05-15402 05-15403 NOTICES Aeronautical land-use assurance; waivers:
Chickasha Municipal Airport, OK, 44970 05-15404 LaPorte Municipal Airport, IN, 44970-44971 05-15401 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 44923-44924 05-15543 FMC Federal Maritime Commission RULES Organization, functions, and authority delegations: Agency reorganizations Correction, 44866-44867 05-15339 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 44971-44972 05-15418 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:
Formations, acquisitions, and mergers, 44924 05-15380 Permissible nonbanking activities, 44924-44925 05-13913 05-15381 Fish Fish and Wildlife Service NOTICES Meetings: Klamath Fishery Management Council, 44938-44939 05-15407 Forest Forest Service NOTICES Environmental statements; notice of intent: Kaibab National Forest, AZ, 44883-44884 05-15400 Land and resource management plans, etc.: Dixie and Fishlake National Forests, UT, 44884-44885 05-15424 Meetings: Resource Advisory Committees— Plumas County, 44885-44886 05-15408 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See National Institutes of Health NOTICES Meetings:
Vital and Health Statistics National Committee, 44925 05-15454 Homeland Homeland Security Department See Coast Guard NOTICES Reports and guidance documents; availability, etc.: United States Visitor and Immigrant Status Indicator Technology Program— Nonimmigrants exiting U.S. at select land border ports-of-entry; automatic identification, 44934-44938 05-15487 Interior Interior Department See Fish and Wildlife Service See Reclamation Bureau International International Trade Administration NOTICES Antidumping:
Frozen red raspberries from— Chile, 44889-44893 E5-4190 Polychloroprene rubber from— Japan, 44893-44894 E5-4191 Stainless steel sheet and strip in coils from— France and United Kingdom, 44894-44896 E5-4174 Antidumping and countervailing duties: Stainless sheet steel and strip— Various countries, 44886-44888 E5-4184 Committees; establishment, renewal, termination, etc.: Travel and Tourism Advisory Committee, 44896 E5-4142 Countervailing duties: Sugar from— Various countries, 44896-44897 E5-4189 Justice Justice Department NOTICES Pollution control; consent judgments:
Santa Clara County et al., 44939 05-15377 Library Library of Congress See Copyright Office, Library of Congress Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 44972-44973 05-15413 Coastwise trade laws; administrative waivers: CHANGE OF PACE, 44973 05-15416 DELIGHT, 44973 05-15414 MOTU, 44973-44974 05-15415 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 44931 05-15441 Inventions, Government-owned; availability for licensing, 44931-44934 05-15346 NOAA National Oceanic and Atmospheric Administration NOTICES Environmental statements; availability, etc.:
Santa Clara Valley Water District, CA; water rights settlement agreement, 44897-44901 05-15448 Marine mammals: Incidental taking; authorization letters, etc.— Lamont-Doherty Earth Observatory; Aleutian Islands; marine seismic surveys; cetaceans and pinnipeds, 44901-44913 05-15374 Reports and guidance documents; availability, etc.: Environmental information partnerships; public information products and services; policy statement, 44913-44914 05-15459 national National Prison Rape Elimination Commission NOTICES Meetings;
Sunshine Act, 44939-44940 05-15548 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.: Big Delta State Historical Park Streambank Protection Project, AK, 44886 05-15379 Nuclear Nuclear Regulatory Commission NOTICES Reports and guidance documents; availability, etc.: Licensees authorized to possess and transfer items containing radioactive material quantities of concern; order of additional security measures, 44948-44952 E5-4144 *Applications, hearings, determinations, etc.:* American Energy Co., LLC, 44940 E5-4146 Carolina Power and Light Co., 44940-44946 E5-4145 E5-4147 Duke Energy Corp., et al., 44946-44948 E5-4143 Peace Peace Corps NOTICES Agency information collection activities; proposals, submissions, and approvals, 44952-44953 05-15425 Personnel Personnel Management Office RULES Employment:
Examining system; direct-hire authority to recruit and appoint individuals for shortage category positions, 44847-44848 05-15259 PROPOSED RULES Allowances and differentials: Cost-of-living allowances (nonforeign areas)— Rate changes, 44976-44977 05-15097 NOTICES Reports and guidance documents; availability, etc.: Cost-of-living allowances (nonforeign areas) survey reports— Caribbean and Washington, DC, areas, 44978-44989 05-15098 Pacific and Washington, DC, areas, 44989-45023 05-15099 Presidio Presidio Trust PROPOSED RULES Debt collection, 44870-44878 05-14794 Reclamation Reclamation Bureau NOTICES Meetings:
Glen Canyon Dam Adaptive Management Work Group, 44939 05-15409 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 44953-44956 E5-4135 E5-4136 E5-4137 E5-4139 E5-4140 E5-4141 Meetings; Sunshine Act, 44956 05-15507 Public Utility Holding Company Act of 1935 filings, 44956-44957 E5-4153 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 44957-44958 E5-4149 Fixed Income Clearing Corp., 44959 E5-4152 Municipal Securities Rulemaking Board, 44959-44960 E5-4151 National Association of Securities Dealers, Inc., 44960-44963 E5-4134 E5-4150 New York Stock Exchange, Inc., 44963-44967 E5-4133 E5-4148 *Applications, hearings, determinations, etc.:* Air Products and Chemicals, Inc., 44956 E5-4132 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 44967 05-15456 Disaster loan areas:
Florida, 44968 05-15421 Mississippi, 44968 05-15422 *Applications, hearings, determinations, etc.:* Rustic Canyon Ventures SBIC, L.P., 44968 05-15423 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 44968-44969 05-15451 Culturally significant objects imported for exhibition: Lords of Creation: the Origins of Sacred Maya Kingship, 44969 05-15452 Vincent Van Gogh: The Drawings, 44969-44970 05-15453 Meetings: Persons with Disabilities Advisory Committee, 44970 05-15450 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration RULES Economic regulations:
Print advertisements of scheduled passenger services; code-sharing arrangements and long-term wet leases; disclosure, 44848-44851 05-15426 Separate Parts In This Issue Part II Personnel Management Office, 44976-45203 05-15097 05-15098 05-15099 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 45026-45127 05-15221 Part IV Health and Human Services Department, Centers for Medicare & Medicaid Services, 45130-45247 05-15290 Part V Transportation Department, Federal Aviation Administration, 45250-45262 05-15375 Part VI Transportation Department, Federal Aviation Administration, 45264-45272 05-15376 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. 70 149 Thursday, August 4, 2005 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 337 RIN 3206-AK85 Examining System AGENCY: Office of Personnel Management. ACTION: Interim rule with request for comments. SUMMARY:
The Office of Personnel Management
(OPM)is issuing an interim regulation to amend its direct-hire authority regulations to allow non-Department of Defense agencies to recruit and appoint highly qualified individuals for certain Federal acquisition positions deemed as a shortage category under the Services Acquisition Reform Act. DATES: These regulations are effective August 4, 2005. We will consider comments received on or before October 3, 2005. ADDRESSES: Send, deliver or fax comments to Mark Doboga, Deputy Associate Director for Talent and Capacity Policy, U.S. Office of Personnel Management, Room 6551, 1900 E Street, NW., Washington, DC 20415-9700; e-mail at *employ@opm.gov* ; or fax at
(202)606-2329. Comments may also be sent through the Federal eRulemaking Portal at: *http://www.regulations.gov* . All submissions received through the Portal must include the agency name and docket number or Regulation Identifier Number
(RIN)for this rulemaking. FOR FURTHER INFORMATION CONTACT: Ms. Linda Watson by telephone at
(202)606-0830; by fax at
(202)606-2329; by TTY at
(202)418-3134; or by e-mail at *linda.watson@opm.gov* . SUPPLEMENTARY INFORMATION: On June 15, 2004, OPM published final regulations at 69 FR 33271, to implement provisions of the Chief Human Capital Officers Act of 2002 (Act), Public Law 107-296. This Act provides Federal agencies with a number of human resources flexibilities to enhance their recruitment and hiring programs. These flexibilities include direct-hire authority and alternative (that is, category) rating and selection procedures. Under direct-hire authority, agencies may recruit and appoint candidates to positions when OPM determines there is a severe shortage of candidates or critical hiring need. Section 1413 of Public Law 108-136 allows department and agency heads (other than the Secretary of Defense) to determine under regulations prescribed by OPM, when certain Federal acquisition positions are shortage category positions for purposes of direct-hire authority. The Federal acquisition positions covered by section 1413 are listed in title 41, United States Code (U.S.C.) 433(g)(1)(A). OPM is amending its regulation to allow non-Department of Defense
(DoD)agencies to determine whether a shortage of highly qualified individuals exists for Federal acquisition positions covered under title 41, U.S.C. 433(g)(1)(A). When determining the existence of a shortage of highly qualified individuals, agencies are required to use the supporting evidence prescribed in section 337.204(b) of title 5, Code of Federal Regulations (CFR). The supporting evidence must be kept in a file for documentation and reporting purposes. Agencies must comply with public notice requirements as prescribed in 5 U.S.C. 3327 and 3330, and 5 CFR part 330, subpart G, with respect to these positions. The direct-hire authority for Federal acquisition positions under the provisions of section 1413 of Public Law 108-136 will terminate on September 30, 2007. Agencies may not appoint any individual to a position of employment using this authority after September 30, 2007. In accordance with section 1413(c), OPM is required to submit to Congress a report on the implementation and effectiveness of the direct-hire authority in attracting employees with unusually high qualifications to the acquisition workforce and to make any appropriate recommendations regarding whether to extend the authority. Non-DoD agencies are required to submit a report to OPM on their implementation and use of section 1413 of Public Law 108-136 by December 31, 2006. 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 (including small businesses, small organizational units, and small governmental jurisdictions) because they will only apply to Federal agencies and employees. List of Subjects in 5 CFR Part 337 Government employees. U.S. Office of Personnel Management. Linda M. Springer, Director. Accordingly, OPM is amending 5 CFR part 337 as follows: PART 337—EXAMINING SYSTEM 1. Revise the authority citation for part 337 to read as follows: Authority: 5 U.S.C. 1104(a)(2), 1302, 2302, 3301, 3302, 3304, 3319, 5364; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; 33 FR 12423, Sept. 4, 1968; 45 FR 18365, Mar. 21, 1980; 116 Stat. 2135, 2290; and 117 Stat. 1392, 1665. Subpart B—Direct-Hire Authority 2. Add new paragraph
(c)to § 337.204 to read as follows: § 337.204 Severe shortage of candidates.
(c)A department or agency head (other than the Secretary of Defense) may determine, pursuant to section 1413 of Public Law 108-136, that a shortage of highly qualified candidates exists for certain Federal acquisition positions (covered under section 433(g)(1)(A) of title 41, United States Code). To make such a determination, the deciding agency official must use the supporting evidence prescribed in 5 CFR 337.204(b)(1)-(8) and must maintain a file of the supporting evidence for documentation and reporting purposes. 3. Add new paragraphs
(d)and
(e)to § 337.206 to read as follows: § 337.206 Terminations, modifications, extensions, and reporting.
(d)No new appointments may be made under the provisions of section 1413 of Public Law 108-136 after September 30, 2007; and
(e)Those departments and agencies, excluding the Department of Defense, that use the direct-hire authority provided in § 337.204(c) must submit to OPM a report on their implementation of section 1413 of Public Law 108-136 no later than December 31, 2006. The report must include:
(1)A description of how the agency's implementation satisfied each of the elements laid out in §§ 337.203 and 337.204(b)(1)-(8), as applicable;
(2)An assessment of the effectiveness of the authority in attracting employees with unusually high qualifications to the acquisition workforce; and
(3)Any recommendations on whether the authority should be extended. [FR Doc. 05-15259 Filed 8-3-05; 8:45 am]
Connectionstraces to 2
Traces to 2 documents
8 references not yet in our index
- 5 CFR 337
- Pub. L. 107-296
- Pub. L. 108-136
- 5 CFR 330
- 3 CFR 1954
- 116 Stat. 2135
- 117 Stat. 1392
- 5 CFR 337.204(b)(1)
Citation graph
cites case law
Unknown
Interim rule with request for comments
Cite5 CFR 337
Pub. L.Pub. L. 107-296
Pub. L.Pub. L. 108-136
Cite5 CFR 330
Cite3 CFR 1954
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