Unknown. Correcting amendments

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--- schema: federal-register doc_type: fedreg source_file: FR-2005-12-19.xml --- 70 242 Monday, December 19, 2005 Contents Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agriculture Agriculture Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 75150-75151 E5-7483 Air Force Air Force Department NOTICES Privacy Act; systems of records, 75157-75158 05-24161 Army Army Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Akoura Biometrics, Inc., 75158 05-24188 Martin Marietta Composites, Inc., 75158 05-24189 Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 75151-75152 E5-7476 Centers Centers for Medicare & Medicaid Services NOTICES Privacy Act; systems of records, 75175-75180 E5-7486 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 75180 05-24174 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Oahu, Maui, Hawaii, and Kauai, HI, 75036-75042 05-24195 NOTICES Committees; establishment, renewal, termination, etc.: Small Passenger Vessel Access Natural Working Group, 75207-75208 E5-7508 Organization, functions, and authority delegations: Sector Houston-Galveston, 75208-75209 E5-7509 Commerce Commerce Department See Census Bureau See Minority Business Development Agency See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-7466 75151 E5-7475 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Belarus, 75155 05-24176 Vietnam, 75155-75157 05-24177 05-24178 Defense Defense Department See Air Force Department See Army Department PROPOSED RULES Sexually explicit material; sale or rental on DoD property, 75091-75093 05-24160 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Norac, Inc., 75219 E5-7487 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Individuals with Disabilities Education Act Multi-Year Individualized Education Program Demonstration Program, 75158-75161 E5-7506 Individuals with Disabilities Education Act Paperwork Waiver Demonstration Program, 75161-75165 E5-7507 Employment Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 75220-75221 E5-7496 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Environmental statements; record of decision:

Idaho Nuclear Technology and Engineering Center, ID; high-level waste and facilities disposition, 75165-75172 E5-7497 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Hazardous air pollutants list— Methyl ethyl ketone; delisting, 75047-75059 05-24200 Hazardous waste combustors, 75042-75047 05-24198 Perchloroethylene dry cleaning, etc., 75320-75346 05-24072 Toxic substances: Chemical inventory update reporting, 75059-75070 05-24196 PROPOSED RULES Air pollutants, hazardous; national emission standards:

Hazardous waste combustors, 75096-75098 05-24199 Air pollution; standards of performance for new stationary sources: Municipal waste combustion units, large, 75348-75369 05-23968 Air quality implementation plans; approval and promulgation; various States: Missouri, 75093-75096 05-24201 Hazardous waste program authorizations: Idaho, 75098-75102 05-24202 NOTICES Agency information collection activities; proposals, submissions, and approvals, 75172-75173 E5-7498 Meetings: Science Advisory Board, 75173-75174 E5-7505 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Farm Farm Credit Administration NOTICES Meetings;

Sunshine Act, 75174 05-24236 FAA Federal Aviation Administration RULES Airworthiness directives: Aviointeriors S.p.A.; correction, 75004-75005 05-24194 Airworthiness standards: Special conditions— Raytheon Model HS.125 airplanes, 75002-75004 05-24158 Raytheon Models B200, B200C, 300, B300, and B300C, 75000-75002 05-24159 NOTICES Advisory circulars; availability, etc.: Transport category airplanes— Performance and handling characteristics in icing conditions; certification requirements, 75235-75236 05-24157 Transport category airplanes certification; flight test guide, 75234-75235 05-24156 FCC Federal Communications Commission RULES Common carrier services:

Telephone Consumer Protection Act; implementation— Unsolicited facsimile advertisements, 75070-75071 05-24210 PROPOSED RULES Common carrier services: Telephone Consumer Protection Act; implementation— Unsolicited facsimile advertisements, 75102-75110 05-24211 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act): Generator interconnection agreements and procedures; standardization, 75005-75016 05-24173 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Alameda and Contra Costa Counties, CA, 75236 05-24193 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications; diabetes exemptions, 75236-75238 E5-7494 Federal Register Federal Register, Administrative Committee See Federal Register Office Federal Register Federal Register Office NOTICES Reports and guidance documents; availability, etc.: American Institute in Taiwan and Taipei Economic and Cultural Representative Office; agreements list, 75223-75227 E5-7435 Federal Reserve Federal Reserve System RULES Availability of funds and collection of checks (Regulation CC):

Check processing operations restructuring; amendments, 74998-75000 E5-7462 Fish Fish and Wildlife Service RULES Endangered and threatened species: Findings on petitions, etc.— Karst meshweaver (spider), 75071-75074 05-24119 NOTICES Endangered and threatened species: Incidental take permits— Travis County, TX; golden-cheeked warbler, 75215 E5-7492 Endangered and threatened species and marine mammal permit applications, 75213-75216 E5-7471 E5-7472 Environmental statements; availability, etc.:

Incidental take permits— Douglas County, CO; Preble's meadow jumping mouse, 75216-75217 E5-7491 Williamson County, TX; golden-cheeked warbler, etc., 75215-75216 E5-7489 Meetings: Service Regulations Committee, 75217 E5-7473 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Moxidectin gel; moxidectin and praziquantel gel, 75016-75017 05-24166 Tiamulin, 75017-75018 05-24165 Biological products: Bacterial vaccines and toxoids; efficacy review implementation, 75018-75028 05-24224 NOTICES Biological products:

Bacterial vaccines and toxoids; efficacy review implementation— Anthrax vaccine absorbed, 75180-75198 05-24223 Grants and cooperative agreements; availability, etc.: Orphan Products Development Program, 75198-75203 05-24164 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service NOTICES Scientific misconduct findings; administrative actions:

Grol, Jessica Lee, 75174-75175 E5-7470 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 75203-75204 E5-7488 Historic Historic Preservation, Advisory Council NOTICES Reports and guidance documents; availability, etc.: Skull Valley, UT; spent fuel storage project; formal comments, 75149-75150 05-24181 Homeland Homeland Security Department See Coast Guard NOTICES Meetings: Homeland Security Advisory Council, 75206-75207 05-24190 Reports and guidance documents; availability, etc.:

Systems Engineering and Development Office; SAFECOM interoperability baseline survey, 75207 05-24180 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 75209-75210 E5-7502 Mortgagee Review Board; administrative actions, 75210-75213 E5-7503 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.: Health professions educational loan repayment program, 75204-75206 05-24163 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service RULES Income taxes:

Private activity bonds; definition, 75028-75036 05-23944 PROPOSED RULES Income taxes: Nonqualified deferred compensation plans; section 409A application Correction, 75090-75091 05-24169 NOTICES Agency information collection activities; proposals, submissions, and approvals, 75242-75244 05-24170 05-24171 05-24172 Judicial Judicial Conference of the United States NOTICES Meetings: Judicial Conference Advisory Committee on— Appellate, Bankruptcy, and Criminal Procedure Rules, 75219 05-24187 Justice Justice Department See Drug Enforcement Administration Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration See Veterans Employment and Training Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 75219-75220 E5-7477 E5-7478 Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Central Montana, 75218 E5-7495 Dakotas, 75218 E5-7490 Public land orders: Utah, 75218 E5-7485 Withdrawal and reservation of lands: Colorado; correction, 75218-75219 E5-7484 Millennium Millennium Challenge Corporation NOTICES Reports and guidance documents; availability, etc.: Quarterly report, 75221-75223 05-24179 Mine Mine Safety and Health Administration NOTICES Safety standard petitions, 75221 E5-7504 Minority Minority Business Development Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 75152-75153 E5-7467 National Archives National Archives and Records Administration See Federal Register Office National Credit National Credit Union Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 75227 E5-7480 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Groundfish, 75080-75084 05-24203 Northeastern United States fisheries— Summer flounder, 75074-75075 05-24204 West Coast States and Western Pacific fisheries— Hawaii pelagic longline fisheries; seabird incidental catch reduction measures, 75075-75080 05-24207 PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Atlantic bluefish, 75111-75114 05-24208 Atlantic mackerel, squid, and butterfish, 75114-75115 05-24206 West Coast States and Western Pacific fisheries— Pacific coast groundfish, 75115-75148 05-24205 NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-7468 75153-75155 E5-7469 E5-7474 National Science National Science Foundation NOTICES Agency information collection activities; proposals, submissions, and approvals, 75227-75229 05-24192 05-24213 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitions:

Christian, Lawrence T., et al.; denied, 75085-75090 E5-7518 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office RULES Pay administration: Federal Workforce Flexibility Act of 2004; implementation— Recruitment, relocation, and retention incentives; supervisory differentials; and extended assignment incentives; correction, 74995-74996 05-24214 Pay under General Schedule: Locality pay areas; adjustments, 74996-74998 05-24212 Presidential Presidential Documents EXECUTIVE ORDERS Government agencies and employees:

Freedom of Information Act; improving agency disclosure (EO 13392), 75371-75377 05-24255 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 75229-75233 E5-7481 E5-7482 State State Department NOTICES Foreign Operations, Export Financing, and Related Programs Appropriations Act: Independent States of Former Soviet Union; assistance determination, 75233 05-24276 Foreign terrorists and terrorist organizations; designation:

Sajid Mohammed Badat, 75233 05-24262 Presidential permit applications: PMC (Nova Scotia) Co. et al.; Milk River Pipeline crossing U.S.-Canada border, 75233-75234 05-24222 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, control, etc.: BNSF Railway Co., 05-24141 75238-75242 05-24143 05-24147 05-24148 South Dakota, 75242 05-24140 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Tariff-rate quota amount determinations:

Raw cane sugar; 2005-2006 FY country-by-country reallocations, 75234 E5-7479 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Veterans Veterans Employment and Training Service RULES Uniformed Services Employment and Reemployment Rights Act of 1994; implementation, 75246-75313 05-23961 Rights, benefits, and obligations of employees and employers, 75313-75317 05-23960 Separate Parts In This Issue Part II Labor Department, Veterans Employment and Training Service, 05-23960 75246-75317 05-23961 Part III Environmental Protection Agency, 75320-75346 05-24072 Part IV Environmental Protection Agency, 75348-75369 05-23968 Part V Executive Office of the President, Presidential Documents, 75371-75377 05-24255 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. 70 242 Monday, December 19, 2005 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 451, 531, and 575 RIN 3206-AK88 and 3206-AK81 Changes in Pay Administration Rules for General Schedule Employees; Recruitment, Relocation, and Retention Incentives;

Corrections AGENCY: Office of Personnel Management. ACTION: Correcting amendments. SUMMARY: The Office of Personnel Management issued interim regulations on May 13, 2005 (70 FR 25732), to implement section 101 of the Federal Workforce Flexibility Act of 2004, which amends the rules governing recruitment, relocation, and retention incentives, and on May 31, 2005 (70 FR 31278), to implement section 301 of the Federal Workforce Flexibility Act of 2004, which amends the rules governing pay setting for General Schedule employees.

This notice corrects minor errors in the interim regulations. DATES: *Effective Dates:* The corrections to 5 CFR part 575 are effective on May 13, 2005. The corrections to 5 CFR part 531 are effective on May 1, 2005. FOR FURTHER INFORMATION CONTACT: David Barash 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 is making the following corrections in Title 5, Code of Federal Regulations: • In § 451.104(g), we are correcting a citation to 5 U.S.C. 4505a(a)(2). • In § 531.214(d)(2)(iii)(A), we are replacing the term “alternate” with “standard”. • In § 531.214(d)(4)(iii), Step D, we are replacing the term “GS-11” with “GS-9”. • In § 531.222(a)(2), we are moving the phrase “on a regular tour of duty” from paragraph (2)(i) to the introductory text of paragraph (2). • In § 531.407(b)(2), we are inserting the phrase “(or would have resulted in)”. • In § 531.602, we are replacing the word “rates” with the word “rate” in the second sentence of the definition of GS rate. • In § 531.610(k), we are replacing the phrase “Lump-sum payments for accumulated and annual leave under 5 CFR part 550, subpart L” with “Lump-sum payments under 5 CFR part 550, subpart L, for accumulated and accrued annual leave”. • In § 572.206(a)(4), we are replacing the word “recruitment” with “relocation.” • In § 575.310(a), we are replacing the reference to paragraph “g” with “(f).” List of Subjects in 5 CFR Parts 451, 531, and 575 Decorations, medals, awards; Government employees; Law enforcement officers; Wages. Accordingly, 5 CFR parts 451, 531, and 575 are corrected by making the following correcting amendments: PART 451—AWARDS 1. The authority citation for part 451 continues to read as follows: Authority: 5 U.S.C. 4302, 4501-4509; E.O. 11438, 33 FR 18085, 3 CFR, 1966-1970 Comp., p. 755; E.O. 12828, 58 FR 2965, 3 CFR, 1993 Comp., p. 569. Subpart A—Agency Awards § 451.104 [Amended] 2. In § 451.104, amend paragraph

(g)by removing “4505a(a)(2)(A)” and adding in its place “4505a(a)(2)”. PART 531—PAY UNDER THE GENERAL SCHEDULE 3. 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), 5305, 5333, 5334(a) and (b), and 7701(b)(2); 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, and 5338; and E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682 and E.O. 13106, 63 FR 68151, 3 CFR, 1998 Comp., p. 224. Subpart B—Determining Rate of Basic Pay § 531.214 [Amended] 4. In § 531.214(d)(2)(iii)(A), remove “alternate” and add in its place “standard” and in § 531.214(d)(4)(iii), Step D, remove “GS-11” and add in its place “GS-9”. 5. In § 531.222, revise paragraphs (a)(2), introductory text, and (a)(2)(i) to read as follows: § 531.222 Rates of basic pay that may be used as the highest previous rate.

(a)* * *

(2)The highest previous rate must be a rate of basic pay received by an employee while serving on a regular tour of duty—

(i)Under an appointment not limited to 90 days or less; or Subpart D—Within-Grade Increases 6. In § 531.407, revise paragraph (b)(2), introductory text, to read as follows: § 531.407 Equivalent increase determinations.

(b)* * *

(2)An opportunity to receive a within-level or within-range increase that results in (or would have resulted in) forward movement in the applicable range of rates of basic pay, where “forward movement in the applicable range” means any kind of increase in the employee's rate of basic pay other than an increase that is directly and exclusively linked to— Subpart F—Locality-Based Comparability Payments 7. In § 531.602, revise the definition of *GS rate* to read as follows: § 531.602 Definitions. *GS rate* means a rate of basic pay within the General Schedule, excluding any LEO special base rate and additional pay of any kind such as locality payments or special rate supplements. A rate payable to a GM employee is considered a GS rate. 8. In § 531.610, revise paragraph

(k)to read as follows: § 531.610 Treatment of locality rate as basic pay.

(k)Lump-sum payments under 5 CFR part 550, subpart L, for accumulated and accrued annual leave; PART 575—RECRUITMENT, RELOCATION, AND RETENTION INCENTIVES; SUPERVISORY DIFFERENTIALS; AND EXTENDED ASSIGNMENT INCENTIVES 9. The authority citation for part 575 continues to read as follows: Authority: 5 U.S.C. 1104(a)(2) and 5307; subparts A, B, and C also issued under sec. 101, Pub. L. 108-411, 118 Stat. 2305 (5 U.S.C. 5753 and 5754); subpart D also issued under 5 U.S.C. 5755; subpart E also issued under sec. 207, Pub. L. 107-273, 116 Stat. 1779 (5 U.S.C. 5757). Subpart B—Relocation Incentives § 575.206 [Amended] 10. In § 575.206(a)(4), remove the word “recruitment” and add in its place the word “relocation.” Subpart C—Retention Incentives § 575.310 [Amended] 11. In § 575.310(a), remove “(g)” and add in its place “(f).” Office of Personnel Management. Linda M. Springer, Director. [FR Doc. 05-24214 Filed 12-16-05; 8:45 am]

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U.S. Code