Unknown. Final rule

5,555 words·~25 min read·/register/2006/04/11/06-3391·

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-2006-04-11.xml --- 71 69 Tuesday, April 11, 2006 Contents Agricultural Agricultural Marketing Service RULES Hazelnuts grown in Oregon and Washington, 18164-18168 06-3417 NOTICES Committees; establishment, renewal, termination, etc.: Peanut Standards Board, 18268-18269 E6-5225 Agriculture Agriculture Department See Agricultural Marketing Service See Cooperative State Research, Education, and Extension Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 18268 E6-5249 Army Army Department See Engineers Corps Census Census Bureau NOTICES Meetings:

Census Advisory Committees; correction, 18276 E6-5265 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 18338 E6-5241 Coast Guard Coast Guard RULES Regattas and marine parades: Safety at Sea Seminar, U.S. Naval Academy Crew Races and Blue Angels Air Show, 18213-18216 06-3422 PROPOSED RULES Ports and waterways safety; regulated navigation areas, safety zones, etc.: Marblehead Harbor, MA, 18256-18258 E6-5263 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Cooperative Cooperative State Research, Education, and Extension Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 18269-18270 E6-5227 Defense Defense Department See Engineers Corps NOTICES Arms sales notification; transmittal letter, etc., 18280-18292 06-3446 06-3447 Meetings:

Science Board task forces, 18292 06-3445 Education Education Department NOTICES Committees; establishment, renewal, termination, etc.: Institutional Quality and Integrity National Advisory Committee, 18294 E6-5250 Grants and cooperative agreements; availability, etc.: Postsecondary education— EU-U.S. Atlantis Program, 18294-18298 E6-5332 Meetings: Disability Research Interagency Committee, 18298-18299 E6-5331 Institutional Quality and Integrity National Advisory Committee, 18299-18301 E6-5252 Employee Employee Benefits Security Administration NOTICES Meetings:

Employee Welfare and Pension Benefit Plans Advisory Council, 18354 E6-5271 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: Computer Sciences Corp., 18355 E6-5278 Electronic Data Systems Corp., 18355-18357 E6-5279 Lands’ End, 18357-18358 E6-5277 Monmouth Ceramics, Inc., et al., 18358-18359 E6-5276 Visteon Systems, LLC, 18359 E6-5275 Grants and cooperative agreements; availability, etc.: Workforce Investment Act and Wagner Peyser Act— Adult, youth, dislocated worker, employment service, workforce information, and work opportunity tax credit and welfare-to-work tax credit programs, 18572-18582 06-3483 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; notice of intent:

San Mateo and Santa Clara Counties, CA; San Francisquito Creek Project; public scoping meeting, 18292-18294 06-3458 EPA Environmental Protection Agency RULES Air programs: Stratospheric ozone protection— Aircraft fire extinguishing vessels containing halon-1301; importation reporting and recordkeeping requirements, 18219-18227 06-3461 Air quality implementation plans; approval and promulgation; various States: California, 18216-18219 06-3401 06-3403 PROPOSED RULES Air programs:

Stratospheric ozone protection— Aircraft fire extinguishing vessels containing halon-1301; importation reporting and recordkeeping requirements, 18259-18262 06-3462 Essential use allowances allocation, 18262-18267 E6-5329 Air quality implementation plans; approval and promulgation; various States: California, 18258 06-3402 NOTICES Meetings: Science Advisory Board, 18326-18327 E6-5324 E6-5327 Pesticide programs: Pesticide applicator certifications; State plans— Pennsylvania and Virginia, 18328 E6-5326 Pesticide registration, cancellation, etc.:

Syngenta Crop Protection, Inc., et al.; correction, 18328-18329 E6-5112 Water programs: Pollutants analysis test procedures; data supporting approval of additional E. coli method; availability, 18329-18331 E6-5325 Executive Executive Office of the President See Presidential Documents Farm Farm Credit Administration RULES Corporate governance Effective date, 18168-18169 06-3448 FAA Federal Aviation Administration RULES Airworthiness directives: Aerospatiale, 18205-18207 06-3382 BAE Systems (Operations) Ltd., 18199-18201 06-3379 Boeing, 18194-18199, 18207-18213 06-3377 06-3381 06-3437 McDonnell Douglas, 18201-18205 06-3380 Airworthiness standards:

Special conditions— Airbus Model A380-800 airplanes, 18169-18183 06-3359 McDonnell Douglas Model DC-8-72F airplanes, 18192-18194 06-3423 Transport category airplanes— Flight guidance systems; safety standards, 18183-18192 06-3467 Class D airspace; Class E airspace, 18213 06-3426 PROPOSED RULES Air carrier certification and operations: Transport category airplanes— Thermal acoustic insulation; fire penetration resistance; correction, 18255-18256 E6-5330 Airworthiness directives:

Airbus, 18237-18239 E6-5246 Boeing, 18242-18244, 18251-18253 06-3433 06-3442 Bombardier, 18239-18242, 18244-18247 06-3435 06-3439 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 18247-18249 06-3440 Gulfstream; withdrawn, 18253-18254 E6-5253 McDonnell Douglas, 18249-18251 06-3441 Airworthiness standards: Special conditions— Airbus Model A380-800 airplanes, 18236-18237 E6-5240 Class E airspace, 18254-18255 06-3425 NOTICES Aeronautical land-use assurance; waivers: Jeffco Airport, CO, 18406 06-3421 Agency information collection activities; proposals, submissions, and approvals, 18406 06-3424 Federal Energy Federal Energy Regulatory Commission RULES Oil pipeline companies (Interstate Commerce Act):

Oil pipeline pricing index; five-year review Correction, 18412 C6-2964 NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-5303 18302-18303 E6-5320 Complaints filed: Ash Grove Cement Co., 18311 E6-5287 Electric rate and corporate regulation combined filings, 18311-18316 E6-5280 E6-5301 E6-5321 Environmental statements; notice of intent: Questar Overthrust Pipeline Co., 18316-18318 E6-5289 TransColorado Gas Transmission Co., 18318-18320 E6-5290 Hydroelectric applications, 18320-18325 E6-5294 E6-5307 E6-5308 Meetings:

Nuclear Regulatory Commission and Federal Energy Regulatory Commission; standards of conduct for transmission providers, etc., 18325 E6-5291 Standards of conduct for transmission providers, etc.; technical conference and workshop, 18325-18326 E6-5286 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 18303-18304 E6-5311 E6-5312 California Independent System Operator Corp., 18304-18305 E6-5288 CenterPoint Energy Gas Transmission Co., 18305 E6-5313 E6-5314 Columbia Gas Transmission Corp., 18305-18306 E6-5299 Dominion Transmission, Inc., 18306 E6-5310 E6-5317 Great Lakes Gas Transmission LP, 18306-18307 E6-5318 Horizon Pipeline Co., L.L.C., 18307 E6-5298 Kern River Gas Transmission Co., 18307 E6-5302 National Fuel Gas Supply Corp., 18308 E6-5315 E6-5319 North Snake Groundwater District, 18308 E6-5304 Panhandle Eastern Pipe Line Co., LP, 18308-18309 E6-5295 E6-5296 Pine Needle LNG Co., LLC, 18309-18310 E6-5316 South Carolina Electric & Gas Co., 18310 E6-5309 Trailblazer Pipeline Co., 18310-18311 E6-5297 Vector Pipeline L.P., 18311 E6-5293 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Critical habitat designations— Suisun thistle and soft bird's-beak, 18456-18493 06-3343 Migratory bird hunting: Alaska; 2006-07 spring/summer subsistence harvest regulations; Indian Tribal proposals and requests, 18562-18570 06-3418 NOTICES Comprehensive conservation plans; availability, etc.: Crocodile Lake National Wildlife Refuge, FL, 18345 06-3434 Endangered and threatened species: Warner sucker, etc.; 5-year review, 18345-18348 E6-5251 Environmental statements; availability, etc.:

D’Arbonne National Wildlife Refuge, LA; comprehensive conservation plan, 18348-18350 06-3443 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 18338-18340 E6-5219 E6-5222 Center for Biologics Evaluation and Research: Regulatory Site Visit Training Program, 18340-18341 E6-5221 Reports and guidance documents; availability, etc.: Center for Biologics Evaluation and Research; source plasma donors immunization using immunogen red blood cells from outside supplier; licensing program; withdrawn, 18341 E6-5220 MISSING FOR:

Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Puerto Rico, 18276-18277 E6-5334 E6-5337 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Mendocino County, 18270 06-3427 Roadless Area Conservation National Advisory Committee, 18270-18271 E6-5268 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 18331 E6-5226 Federal Travel:

Per diem— Various States; maximum rates, 18331 E6-5322 GIPSA Grain Inspection, Packers and Stockyards Administration PROPOSED RULES Grain inspection: Rice; fees increase, 18231-18236 06-3507 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.: One Family Planning General Training and Technical Assistance Project, 18332-18338 E6-5262 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

Discretionary programs (SuperNOFA), 18496-18560 06-3431 Low income housing: Difficult development areas and qualified census tracts; statutorily mandated designation for tax credit, 18344-18345 E6-5242 Indian Indian Affairs Bureau NOTICES Meetings: Gaming on trust lands; consultation sessions with tribal governments, 18350-18352 06-3477 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Reclamation Bureau IRS Internal Revenue Service NOTICES Committees; establishment, renewal, termination, etc.:

Electronic Tax Administration Advisory Committee, 18410 E6-5234 Inflation adjustment factor and reference prices: Nonconventional source fuel credit, 18410 E6-5232 Meetings: Taxpayer Advocacy Panels, 18411 E6-5233 International International Trade Administration NOTICES Countervailing duties: Dynamic random access memory semiconductors from— Korea, 18277-18278 E6-5340 Pure magnesium and alloy magnesium from— Canada, 18278-18279 E6-5339 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Veterans Employment and Training Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 18354 E6-5270 Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Front Range, 18352 E6-5243 Oil and gas leases: Colorado, 18352 E6-5341 E6-5342 Survey plat filings: Idaho, 18352-18353 E6-5247 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 18359-18361 E6-5264 NIH National Institutes of Health NOTICES Meetings: National Eye Institute, 18341 06-3415 National Toxicology Program: Toxicological study nominations; comment request, 18341-18344 E6-5217 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 18230 06-3463 West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 18227-18230 06-3468 NOTICES Exempted fishing permit applications, determinations, etc., 18279-18280 E6-5323 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 18361 06-3501 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 18361-18362 E6-5260 Environmental statements; availability, etc.:

Gibraltar Laboratories, Inc., 18364 E6-5213 Multipixel Systems, Inc., 18364-18365 E6-5257 Neose Technology, Inc., 18365-18366 E6-5214 Pennsylvania Department of Environmental Protection, 18366-18367 E6-5261 PPL Susquehanna, LLC, 18367-18369 06-3416 System Energy Resources, Inc., 18369 E6-5256 Meetings: Medical Uses of Isotopes Advisory Committee, 18369-18370 E6-5254 Meetings; Sunshine Act, 18370-18371 06-3486 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 18371-18380 E6-5086 Reports and guidance documents; availability, etc.:

Combustion engineering pressurized water reactors; containment spray and cooling systems; technical specification improvement; model safety evaluation, 18380-18390 E6-5216 *Applications, hearings, determinations, etc.:* Geisen, David, 18362 E6-5255 Miller, Dale L., 18362-18363 E6-5259 Moffitt, Steven P., 18363 E6-5258 Personnel Personnel Management Office RULES Excepted service: Student Career Experience Program, 18161-18164 06-3391 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National D.A.R.E.

Day (Proc. 8000), 18587-18588 06-3531 Pan American Day and Pan American Week (Proc. 7999), 18583-18585 06-3530 Reclamation Reclamation Bureau NOTICES Committees; establishment, renewal, termination, etc.: Yakima River Basin Conservation Advisory Group, 18353 06-3438 RUS Rural Utilities Service NOTICES Grants and cooperative agreements; availability, etc.: Distance Learning and Telemedicine Program, 18271-18276 E6-5224 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

John Hancock Trust et al., 18390-18392 E6-5245 Travelers Insurance Co. et al., 18414-18454 06-3318 Securities: Suspension of trading— Golden Apple Oil & Gas, Inc., 18392 06-3485 KSW Industries, Inc., 18392 06-3484 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 18392-18401 E6-5236 E6-5237 New York Stock Exchange, Inc., 18401-18402 E6-5244 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 18402-18403 E6-5248 Disaster loan areas:

Oklahoma, 18404 E6-5235 Texas, 18404 E6-5231 Meetings: National Small Business Development Center Advisory Board, 18404 E6-5238 Regulatory Fairness Boards— Region VIII; hearing, 18404 E6-5239 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 18404-18405 E6-5285 Culturally significant objects imported for exhibition determinations: Americans in Paris, 1860-1900, 18405 E6-5283 Bellini, Giorgione, Titian, and the Renaissance of Venetian Painting, 18405-18406 E6-5284 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

BNSF Railway Co., 18407 E6-5335 Railroad services abandonment: Illinois Central Railroad Co., 18407-18408 E6-5092 E6-5333 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 18408-18410 E6-5228 E6-5230 Veterans Veterans Employment and Training Service NOTICES Meetings: Veterans’ Employment And Training Advisory Committee, 18359 E6-5269 Separate Parts In This Issue Part II Securities and Exchange Commission, 18414-18454 06-3318 Part III Interior Department, Fish and Wildlife Service, 18456-18493 06-3343 Part IV Housing and Urban Development Department, 18496-18560 06-3431 Part V Interior Department, Fish and Wildlife Service, 18562-18570 06-3418 Part VI Labor Department, Employment and Training Administration, 18572-18582 06-3483 Part VII Executive Office of the President, Presidential Documents, 18583-18585, 18587-18588 06-3530 06-3531 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. 71 69 Tuesday, April 11, 2006 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 213 RIN 3206-AK59 Excepted Service—Student Program AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing final regulations to allow certain job-related experience acquired in a structured work-study program to be credited under the Student Career Experience Program (SCEP or Program). This change will permit agencies to credit a student's job-related work-study experience toward the minimum requirement for conversion to a permanent appointment under the Program. DATES: *Effective Date:* May 11, 2006. FOR FURTHER INFORMATION CONTACT: Hakeem Basheerud-Deen at

(202)606-1434, FAX:

(202)606-2329, TTY:

(202)418-3134, or e-mail: *hakeem.basheerud-deen@opm.gov* . SUPPLEMENTARY INFORMATION: On March 16, 2005, OPM issued proposed regulations at **Federal Register** 70 FR 12812 to allow agencies to credit certain job-related experience acquired in a structured work-study program or active duty military service toward the requirements of the Student Career Experience Program. In addition, the proposal would allow agencies to waive up to one-half of the required SCEP work experience of 640 hours for students who have exceptional job performance and academic excellence while enrolled in the Program (or equivalent). OPM specifically sought comments from reviewers as to whether they believed this rule would give certain students an unfair advantage over others, such as fellows appointed under 5 CFR 213.3102(r) or student volunteers under 5 CFR part 308. OPM received comments from four Federal agencies, three professional organizations, and ten individuals. All comments are addressed below. Comments The comments we received generally support the proposed changes. Seven comments in particular noted the positive impact of the changes on the SCEP program. Impact on Other Student Appointments One agency commented that the proposed rule did not give an unfair advantage over other students such as fellows appointed under 5 CFR 213.3102(r) or student volunteers appointed under 5 CFR part 308. Two agencies, however, recommended OPM allow volunteer service performed under 5 CFR part 308 to be creditable toward the SCEP requirements for non-competitive conversion to the competitive service. Of these two agencies, one suggested that service performed by individuals appointed under 5 CFR 213.3102(r) should also be creditable toward the SCEP minimum requirement for conversion to the competitive service. OPM agrees that service performed by individuals in accordance with 5 CFR 213.3102(r) or 5 CFR part 308 should be creditable toward SCEP requirements (when the individual in question is appointed under SCEP) on the basis that such service is oftentimes indistinguishable from service performed by students working in Federal agencies but not under Federally sponsored intern programs. Consequently, we have modified §§ 213.3202(b)(11)(ii) and 213.3202(b)(11)(ii)(A) to include service performed under 5 CFR 213.3102(r) and 5 CFR part 308. Section 213.3202(b)(11)(ii) now reads, “To be creditable under paragraph (b)(11)(i)(A) of this section, work experience must be in a field or functional area that is related to the student's target position/career field and must be acquired either under a Student Educational Employment Program appointment, any previous Federal appointment (e.g. fellowships and similar programs in accordance with 5 CFR 213.3102(r)), or while the student:”. Section 213.3202(b)(11)(ii)(A) now reads, “Worked in, but not for, a Federal agency, pursuant to a formal work-study agreement between the agency and an accredited academic institution; to include those student volunteers as defined by 5 CFR part 308;”. Nine individuals believed the proposed regulations were unfair to students on Student Temporary Employment Program

(STEP)appointments because the STEP authority does not provide for non-competitive conversion to the competitive service. These commenters suggested that OPM create a noncompetitive conversion mechanism for students in the STEP program. OPM has no authority to establish a conversion mechanism for STEP appointees into the competitive service. Such an authority must be provided by Congress or the President via an Executive order. OPM notes, however, that agencies currently have the authority to convert a student on a STEP appointment into a SCEP appointment, in accordance with 5 CFR 213.3202(a)(15). Credit for Experience Gained in the Armed Forces Two agencies recommended OPM define the phrase, “a member in good standing” as used in the context of active duty military service in the proposed regulation. OPM agrees this phrase lacks clarity, so we have modified § 213.3202(b)(11)(ii)(C) so that it now reads, “Served as an active duty member of the armed forces of the United States (including the National Guard and Reserves), as defined in 5 U.S.C. 2101, and has been discharged or released from active duty in the armed forces under honorable conditions.” One agency recommended OPM clarify whether qualifying military service must be performed while the individual is in school, or whether it can be performed prior to enrollment. The agency also asked us to explain whether creditable military experience only includes experience that relates to the student's academic curriculum. Any active duty military service, performed while the individual is in school or prior to enrollment, is creditable toward the 640-hour requirement provided the military service satisfies the requirements of § 213.3202(b)(11)(ii); i.e., the experience must be in a field or functional area that is related to the student's target position or career field. The same agency commented the proposed regulation does not stipulate any minimum time requirement for creditable active duty military service nor does it define the type of active duty service (e.g., active duty for training) agencies may credit toward SCEP requirements. OPM is not imposing a minimum time requirement for creditable active duty service. Any active duty military service (including active duty for training) which satisfies the requirements of § 213.3202(b)(11)(ii) may be credited toward the SCEP 640-hour requirement for non-competitive conversion to the competitive service. Creditable Experience One agency suggested OPM define creditable experience to include any career-related experience gained through a formal work-study program or experience certified as equivalent to that gained through a formal program by an accredited college/university. OPM did not adopt this suggestion on the basis that work experience gained in non-Federal environments does not provide students with exposure to public service or the work of specific Federal agencies that SCEP students receive by virtue of being in the Program. OPM's intent in crafting the proposed rules was to include non-Federal internships performed in Federal Executive branch agencies because these internships oftentimes closely parallel experience gained through the SCEP. We do not believe the same can be said for experience gained through internships with non-Federal entities. One agency recommended OPM describe work-study programs that meet the criteria referenced in § 213.3202(b)(11)(ii)(A) and

(B)and describe documentation required to verify the criteria have been met. Work-study programs which meet the criteria of § 213.3202(b)(11)(ii)(A) and

(B)are those programs which provide for the integration of academic studies and work experience performed in a Federal agency in a manner comparable to the SCEP requirements under § 213.3202(b)(12) (e.g., scheduling and nature of work assignments, relation of work assignments to the student's academic curriculum, evaluating the student's performance, etc.). These programs include, but are not limited to, non-Federal internships, stipend and grant programs, and student volunteer service which the student performs in a Federal executive branch agency. These programs require a formal agreement between the agency and either:

(1)The academic institution the student attends or

(2)the intern provider which pays the student. Agencies may evaluate these formal agreements to ensure the program meets regulatory criteria. One agency asked whether the proposed rules allow agencies to add or combine credit for a student's non-Federal internship and military experience or academic excellence, in excess of 320 hours of credit toward the SCEP requirement of 640 hours needed for non-competitive conversion to the competitive service (i.e., may an agency credit a student with 280 hours for active duty service and 320 hours for academic excellence so that the student need only be employed for 40 hours under SCEP prior to conversion). Agencies may only credit up to a total of 320 hours toward the required 640 hours of career-related work experience. OPM's rationale is that this flexibility is intended to augment, not replace, SCEP program requirements. However, an agency could use multiple sources such as comparable work-study programs, experience gained in the armed forces, and exceptional job performance and academic excellence to credit an individual up to 320 hours for non-SCEP work experience. One private organization recommended OPM allow students to accrue, under a non-Federal internship, the entire 640 hours of work experience required for noncompetitive conversion to permanent Federal employment. OPM did not adopt this recommendation because it may result in some students spending as little as one day under a SCEP appointment prior to conversion to the competitive service. OPM does not believe such an outcome would be consistent with Executive Order 12015, which authorizes appointment to the competitive service from Federal work-study programs. As previously noted, these flexibilities are meant to enhance SCEP program experience, but not replace that experience completely. Agencies that wish to noncompetitively appoint students to the competitive service that are working for third-party internship providers must first appoint those students to a SCEP position within the agency, and the student must accrue 640 hours of work experience while on this appointment (up to 320 hours of which may be credited from certain non-Federal internships). Another private organization proposed that all students who have accumulated 640 hours in career-related work-study programs be eligible for noncompetitive conversion. OPM did not adopt this proposal because it is beyond the scope of Executive Order 12015, which provides for appointment to the competitive service only from Federal work-study programs established by the Office of Personnel Management. One private organization recommended OPM include a provision in the final rules that allows agencies to credit students for multiple non-Federal internships performed in Federal agencies arranged through third-party internship providers. OPM does not believe such a provision is necessary because the proposed rules do not prohibit agencies from crediting multiple non-Federal internships. We would, however, like to clarify that agencies have the option of crediting up to 320 hours toward the 640-hour requirement only if the student's work experience is related to the duties performed and the position for which the agency is developing the student, per § 213.3202(11)(ii)(A) and (B). One individual asked if experience gained through a Department of Veterans Affairs, Veterans Benefits Administration sponsored work-study program would qualify as creditable experience under the SCEP. Agencies may credit any work performed in a Federal executive branch agency under a work-study program provided it meets the criteria of § 213.3202(11)(ii)(A) and (B). Outstanding Academic Achievement and Exceptional Job Performance Three private organizations suggested OPM lower the 3.5 grade point average

(GPA)requirement for outstanding academic achievement to a 3.0 GPA. OPM disagrees with lowering the outstanding academic achievement standard to a 3.0 GPA. The waiver of up to 320 hours for those students under a SCEP appointment with a 3.5 GPA provides an incentive for those students with outstanding academic achievement and exceptional job performance. Two agencies requested OPM clarify the terms “superior academic achievement” and “outstanding academic achievement” in relation to OPM's *Qualification Standards for General Schedule Positions.* OPM agrees that clarification is needed. Outstanding academic achievement in relation to the SCEP program is different from the definition for superior academic achievement found in the *Qualification Standards for General Schedule Positions.* OPM has rephrased § 213.3202(b)(11)(iii)(A) to state, “Outstanding academic achievement must be demonstrated by an overall grade point average of 3.5 or better, on a 4.0 scale; standing in the top 10 percent of the student's graduating class; and/or induction into a nationally-recognized scholastic honor society. Notwithstanding these differences, agencies may still refer to “superior academic achievement” in OPM's *Qualifications Standards for General Schedule Positions* available on the OPM Web site at *http://www.opm.gov* to obtain specific guidance on GPA, class standing, and nationally recognized honor societies. One agency asked OPM to clarify whether the final rules allow agencies to evaluate a student's performance when the student has not served the minimum period (e.g., 90 days) as specified in the agency's performance program. The final rules give agencies the flexibility to evaluate a student's performance based on 320 hours of service under a SCEP appointment. Agencies which choose to require longer periods of service before evaluating a SCEP appointee may do so at their discretion. The final rules were not intended to supersede agency-specific plans in this regard. One agency expressed concern about consistency in applying the criterion for exceptional job performance because comparable work-study programs may not have approved performance appraisal systems, and appraisal systems throughout the Government typically vary, some with 3, 4, or 5 levels or even pass/fail systems. The agency asked whether OPM is planning to issue additional information and/or guidance on evaluating exceptional job performance under the new student regulations. OPM disagrees that further guidance is required on evaluating exceptional job performance. Under the final rules, agencies may use the same process under § 213.3202(b)(12) to evaluate SCEPs, the only difference being the final rules allow agencies to make such determinations after 320 hours of service when the student demonstrates outstanding academic achievement in accordance with § 213.3202(b)(11)(iii)(A) and (B). One private organization proposed that students who have completed 320 hours on a SCEP appointment and have exceptional job performance, but lack outstanding academic achievement, be granted a waiver of the additional 320-hour work requirement. OPM is not adopting this suggestion on the basis that because we are waiving half of the 640-hour requirement, SCEP appointees should be held to a higher or more rigorous standard (in this case a GPA of 3.5 or better) to gauge the student's success in these work-study programs. In addition, we do not believe 320 hours of SCEP experience, in and of itself, provides an adequate basis for converting students non-competitively to the competitive service. Conversion One private organization recommended OPM change the number of days available for noncompetitive conversion from the current 120 days to 180 days to provide graduating seniors who intern with Federal agencies during the summer months enough time to complete the required 640 hours for noncompetitive conversion. OPM has no authority to adopt this recommendation because the Executive order, which allows for conversion from SCEP to the competitive service, specifies a 120-day period before which all program requirements needed for conversion must be met (i.e. students cannot use the 120-day period to accrue the 640 hours necessary for conversion to the competitive service). One agency recommended OPM delete the term “generally” from section 213.3202(11)(ii) because it implies that it is optional for work to be related to the target position. OPM agrees and has deleted the term. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because it affects only certain Federal employees. Executive Order 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 Part 213 Government employees, Reporting and recordkeeping requirements. U.S. Office of Personnel Management. Linda M. Springer, Director. Accordingly, OPM amends 5 CFR part 213 as follows: PART 213—EXCEPTED SERVICE 1. The authority citation for part 213 is revised to read as follows: Authority: 5 U.S.C. 3161; 5 U.S.C. 3301 and 3302; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; Sec. 213.101 also issued under 5 U.S.C. 2103; Sec. 213.3102 also issued under 5 U.S.C. 3307, 8337(h) and 8456; E.O. 13318, 68 FR 66317, Nov. 25, 2003; 38 U.S.C. 4301 *et seq.* ; Pub. L. 105-339, 112 Stat 3182-83; and E.O. 13162, 65 FR 43211, July 12, 2000. 2. Revise § 213.3202, paragraphs (a)(2), (b)(2), and (b)(11) to read as follows: § 213.3202 Entire executive civil service.

(a)* * *

(2)*Definition of student.* A student is an individual who has been accepted for enrollment or who is enrolled and seeking a degree (diploma, certificate, etc.) in a high school whose curriculum has been approved by a State or local governing body, or in a technical or vocational school, 2-year or 4-year college or university, or graduate or professional school, that has been accredited by an accrediting body recognized by the Secretary of the U.S. Department of Education. The definition of *half-time* is the definition provided by the school in which the student is enrolled. Students need not be in actual physical attendance, so long as all other requirements are met. An individual who needs to complete less than the equivalent of half an academic/vocational or technical course-load in the class enrollment period immediately prior to graduating is still considered a student for purposes of this program.

(b)* * *

(2)*Definition of student.* A student is an individual who has been accepted for enrollment or who is enrolled and seeking a degree (diploma, certificate, etc.) in a high school whose curriculum has been approved by a State or local governing body, or in a technical or vocational school, 2-year or 4-year college or university, or graduate or professional school, that has been accredited by an accrediting body recognized by the Secretary of the U.S. Department of Education. The definition of half-time is the definition provided by the school in which the student is enrolled. Students need not be in actual physical attendance, so long as all other requirements are met. An individual who needs to complete less than the equivalent of half an academic/vocational or technical course-load in the class enrollment period immediately prior to graduating is still considered a student for purposes of this program.

(11)*Program requirements for noncompetitive conversion.*

(i)A student who is a U.S. citizen may be noncompetitively converted from the Student Career Experience Program to a term, career-conditional, or career appointment under Executive Order 12015 (as amended by Executive Order 13024) when the student has:

(A)Completed at least 640 hours of career-related work experience acquired through a Federal work-study program while otherwise enrolled as a full-time or part-time, degree-seeking student. Up to 320 hours acquired through a comparable non-Federal work-study program meeting the criteria set forth in paragraph (b)(11)(ii) of this section may be credited toward the 640-hour minimum for students pursuing degrees under paragraphs (b)(1)(i)(D) through

(F)of this section;

(B)Completed a course of academic study from an accredited school conferring a diploma, certificate, or degree, within the 120-day period preceding the appointment;

(C)Received a favorable recommendation regarding such an appointment by an official of the agency or agencies in which the job-related work experience was acquired; and

(D)Met the qualification standards for the position to which the student will be appointed.

(ii)To be creditable under paragraph (b)(11)(i)(A) of this section, work experience must be in a field or functional area that is related to the student's target position/career field and must be acquired either under a Student Educational Employment Program appointment, any previous Federal appointment ( *e.g.* fellowships and similar programs in accordance with 5 CFR 213.3102(r)), or while the student:

(A)Worked in, but not for, a Federal agency, pursuant to a formal work-study agreement comparable to the SCEP agreements under 213.3202(b)(12) between the agency and an accredited academic institution; to include those student volunteers as defined by 5 CFR part 308;

(B)Worked in, but not for, a Federal agency, pursuant to a written contract comparable to the SCEP agreements under 213.3202(b)(12) between the agency and an organization officially established to provide internship experiences to students; or

(C)Served as an active duty member of the armed forces of the United States (including the National Guard and Reserves), as defined in 5 U.S.C. 2101, and has been discharged or released from active duty in the armed forces under honorable conditions.

(iii)Agencies may waive up to one-half ( *i.e.* , 320 hours) of the 640-hour minimum service requirement in paragraph (b)(11)(i)(A) of this section if a student enrolled in an accredited college or university completes 320 hours of career-related work experience under a Student Educational Employment Program appointment and has demonstrated high potential, as evidenced by outstanding academic achievement and exceptional job performance.

(A)Outstanding academic achievement must be demonstrated by an overall grade point average of 3.5 or better, on a 4.0 scale; standing in the top 10 percent of the student's graduating class; and/or induction into a nationally-recognized scholastic honor society. Notwithstanding these differences, agencies may still refer to “superior academic achievement” in OPM's *Qualifications Standards for General Schedule Positions* available on the OPM Web site at *http://www.opm.gov* to obtain specific guidance on GPA, class standing, and nationally recognized honor societies.

(B)Exceptional job performance must be demonstrated by a formal evaluation conducted by the student's work-study supervisor(s), in a manner consistent with the applicable performance appraisal program established under an approved performance appraisal system.

(iv)Service credited under paragraphs (b)(ii)(A) and

(B)of this section is not creditable for any other purpose of this chapter. Student volunteer service under part 308 of this chapter and fellows appointed under 5 CFR 213.3102(r) may be evaluated, considered, and credited under this section when that experience is determined to be comparable in scope to experience gained in the Student Career Experience Program.

(v)Noncompetitive conversion may be to a position within the same agency or any other agency within the Federal Government but must be to an occupation related to the student's academic training and work-study experience.

(vi)Agencies that noncompetitively convert a Student Career Experience Program graduate to a term appointment may also noncompetitively convert that individual to a career or career-conditional appointment before the term appointment expires. [FR Doc. 06-3391 Filed 4-10-06; 8:45 am]

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