Unknown. Direct final rule
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/register/2006/06/30/06-5891A 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-2006-06-30.xml --- 71 126 Friday, June 30, 2006 Contents Agriculture Agriculture Department See Forest Service See Rural Business-Cooperative Service See Rural Housing Service Army Army Department See Engineers Corps NOTICES Meetings: U.S. Military Academy, Board of Visitors, 37544 06-5920 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 37582-37583 E6-10343 Meetings:
Tuberculosis Elimination Advisory Council, 37583 06-5876 Centers Centers for Medicare & Medicaid Services RULES Medicare: Billing privileges; establishment and maintenance requirements Correction, 37504-37505 E6-10290 Inpatient psychiatric facilities prospective payment system (2007 RY); update Correction, 37503-37504 E6-10277 NOTICES Agency information collection activities; proposals, submissions, and approvals, 37583-37584 E6-10274 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:
Buffalo Captain of the Port Zone, NY, 37502-37503 E6-10280 Detroit Captain of Port Zone, MI, 37495-37496 E6-10284 Lake Erie, Fairview, PA, 37500-37502 E6-10324 Onset Harbor, Onset, MA, 37496-37498 E6-10283 St. Lawrence River, Ogdensburg, NY, 37498-37500 E6-10281 NOTICES Environmental statements; availability, etc.: National Automatic Identification System Project; implementation; meeting, 37594-37596 E6-10256 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 37535-37537 E6-10288 E6-10289 Customs Customs and Border Protection Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 37596 06-5895 Automation program test:
Automated Commercial System— Dominican Republic-Central America-United States Free Trade Agreement entries; reconciliation test modification, 37596-37598 06-5875 IRS interest rates used in calculating interest on overdue accounts and refunds, 37598-37599 06-5878 Defense Defense Department See Army Department See Engineers Corps Drug Drug Enforcement Administration NOTICES Registration revocations, restrictions, denials, reinstatements: D&S Sales, 37607-37612 E6-9705 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:
Postsecondary education— American Indian Tribally Controlled Colleges and Universities and Alaska Native and Native Hawaiian-Serving Institutions Programs; correction, 37552 06-5901 Employment Employment and Training Administration RULES Aliens; temporary employment in U.S.: Nonimmigrants on H-1B visas in speciality occupations and as fashion models; labor condition applications and requirements; H-1B1 visa labor attestations, 37802-37805 06-5740 Employment Employment Standards Administration RULES Aliens; temporary employment in U.S.:
Nonimmigrants on H-1B visas in speciality occupations and as fashion models; labor condition applications and requirements; H-1B1 visa labor attestations, 37802-37805 06-5740 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Idaho National Laboratory, 37552-37553 06-5908 Northern New Mexico, 37553-37554 06-5910 Savannah River Site, SC, 37553 06-5909 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.:
Patapsco River, Baltimore City, MD; dredged material containment facility construction, 37545 06-5918 Environmental statements; notice of intent: Brooklyn, Kings County, NY; Brooklyn Navy Yard Project, 37545-37546 06-5921 Louisiana Coastal Area, LA Ecosystem Restoration Study; Dredged Material Program Study, 37546-37547 E6-10273 Estuary Habitat Restoration Program; project proposals request, 37547-37551 06-5927 Meetings: Chief of Engineers Environmental Advisory Board, 37551 06-5922 Coastal Engineering Research Board, 37551-37552 06-5919 EPA Environmental Protection Agency PROPOSED RULES Water pollution control:
National Pollutant Discharge Elimination System— Concentrated animal feeding operations; permitting requirements and effluent limitations guidelines; court order response, 37744-37787 06-5773 NOTICES Pesticide registration, cancellation, etc.: Dichlorvos, 37568-37573 06-5892 06-5893 FAA Federal Aviation Administration RULES Low altitude reporting points, 37492 E6-10285 Offshore airspace areas, 37492-37494 E6-10282 PROPOSED RULES Airworthiness directives: Airbus, 37512-37515 06-5872 Boeing, 37507-37510 06-5874 Eurocopter France, 37515-37517 06-5880 Fokker, 37510-37512 06-5873 NOTICES Aeronautical land-use assurance; waivers:
Orangeburg Municipal Airport, SC, 37635 06-5924 Airport noise compatibility program: McClellan-Palomar Airport, CA, 37636 06-5925 Airports: Denver International Airport, CO; Southwest Airlines Co. operations; general conformity determination, 37636-37637 06-5888 Exemption petitions; summary and disposition, 37637 06-5881 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 37562-37563 E6-10314 Environmental statements; notice of intent:
Jordan Cove Energy Project, L.P. et al., 37564-37567 E6-10304 Meetings: Modesto and Turlock Irrigation Districts, CA; Don Pedro Project 10-year fisheries summary report, 37568 E6-10300 National Register of Historic Places: Programmatic agreement for managing properties; restricted service list— Duke Power Co. LLC, 37555-37556, 37567-37568 E6-10301 E6-10302 E6-10303 Reports and guidance documents; availability, etc.: West Texas Gas, Inc.; gas cost reconciliation report, 37568 E6-10310 *Applications, hearings, determinations, etc.:* Carolina Power & Light Co. et al., 37554 E6-10295 Chambers Cogeneration, LP, 37554-37555 E6-10297 Colorado Interstate Gas Co., 37555 E6-10309 Eastern Shore Natural Gas Co., 37557 E6-10311 Egan Hub Storage, LLC, 37557 E6-10308 Emera Energy U.S.
Subsidiary No. 2, Inc., 37557-37558 E6-10299 Exelon Corp., 37558 E6-10293 E6-10312 Gulf South Pipeline Co., LP, 37558-37559 E6-10305 Indeck Energy Services of Silver Springs, Inc., 37561-37562 E6-10296 Iroquois Gas Transmission System, L.P., 37559 E6-10307 Kaiser Francis Oil Co., 37559-37560 E6-10294 Norge Power Marketing Corp., 37560 E6-10298 Northwest Pipeline Corp., 37560-37561 E6-10306 Questar Pipeline Co. et al., 37561 E6-10313 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:
Auora, Denver, and Adams and Denver Counties, CO, 37637-37638 06-5879 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 37573 E6-10278 Formations, acquisitions, and mergers, 37573 E6-10268 Federal Transit Federal Transit Administration NOTICES Environmental statements; notice of intent: Auora, Denver, and Adams and Denver Counties, CO, 37637-37638 06-5879 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Interest rates:
Renegotiation Board and prompt payment rates, 37638-37639 06-5933 Surety companies acceptable on Federal bonds: Annual list, 37694-37741 06-5744 Fish Fish and Wildlife Service RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Fish and wildlife regulations; subsistence taking, 37642-37691 06-5496 PROPOSED RULES Endangered and threatened species: Yellowstone grizzly bear, 37525-37526 06-5830 NOTICES Endangered and threatened species and marine mammal permit applications, determinations, etc., 37602-37604 E6-10269 E6-10275 Endangered and threatened species permit applications, determinations, etc., 37604-37605 E6-10316 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 37584 E6-10271 Forest Forest Service RULES Alaska National Interest Lands Conservation Act;
Title VIII implementation (subsistence priority): Fish and wildlife regulations; subsistance taking, 37642-37691 06-5496 GSA General Services Administration NOTICES Privacy Act; systems of records, 37573-37574 06-5902 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.:
Women Across the Lifespan Pilot Program; intergenerational approaches to HIV/AIDS prevention education, 37575-37581 E6-10230 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 37584-37585 E6-10272 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau NOTICES Committees; establishment, renewal, termination, etc.: Critical Infrastructure Partnership Advisory Council, 37591-37594 E6-10276 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:
Homeless assistance; excess and surplus Federal properties, 37599-37602 E6-10115 Industry Industry and Security Bureau PROPOSED RULES Export administration regulations: Antiboycott penalty guidelines, 37517-37525 06-5917 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Surface Mining Reclamation and Enforcement Office NOTICES Meetings: Delaware and Lehigh National Heritage Corridor Commission, 37602 06-5877 International International Trade Administration NOTICES Antidumping:
Fresh garlic from— China, 37537-37538 E6-10292 Softwood lumber products from— Canada, 37538-37539 E6-10364 Wooden bedroom furniture from— China, 37539-37541 E6-10291 Countervailing duties: Stainless steel sheet and strip in coils from— Korea, 37541-37543 E6-10379 Meetings: President's Export Council, 37543 06-5931 U.S. delegation to India Business Summit, 37543 E6-10318 Justice Justice Department See Drug Enforcement Administration See Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 37607 E6-10279 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 37612 06-5926 Labor Labor Department See Employment and Training Administration See Employment Standards Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.:
Ukiah Field Office planning area, CA; resource management plan, 37605-37606 06-5912 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA International Space Station Independent Safety Task Force, 37612-37613 E6-10323 Patent licenses; non-exclusive, exclusive, or partially exclusive: Cambrios Technologies, 37613 E6-10325 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 37585-37586 06-5883 Inventions, Government-owned; availability for licensing, 37586-37587 06-5882 Meetings:
National Institute of Mental Health, 37587-37588 06-5884 06-5887 Scientific Review Center, 37588-37589 06-5885 06-5886 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Emergency closure due to presence of toxin causing paralytic shellfish poisoning, 37505-37506 06-5936 NOTICES Marine mammal permit applications, determinations, etc., 37544 E6-10327 Scientific research permit applications, determinations, etc., 37544 E6-10315 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:
R.E. Ginna Nuclear Power Plant, LLC, 37614-37621 06-5897 Nuclear waste and spent fuel shipments; Governors’ designees receiving advanced notification; list, 37621-37624 06-5898 *Applications, hearings, determinations, etc.:* Carolina Power & Light Co., 37613-37614 06-5900 Personnel Personnel Management Office RULES Classification under General Schedule and prevailing rates systems; classification and job grading appeals; obsolete references removed, 37489-37490 06-5891 PROPOSED RULES Allowances and differentials:
Uniform allowance rate increase, 37507 06-5890 Public Public Debt Bureau See Fiscal Service Rural Rural Business-Cooperative Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 37527 06-5914 Grants and cooperative agreements; availability, etc.: 1890 Land-Grant Institutions Rural Entrepreneurial Outreach and Development Initiative, 37527-37534 06-5916 Rural Rural Housing Service NOTICES Preservation Information Exchange
(PIX)System; deployment and implementation, 37534 06-5915 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 37626-37635 06-5904 06-5906 06-5907 *Applications, hearings, determinations, etc.:* Consolidated Tape Association, 37624-37626 06-5905 SBA Small Business Administration RULES Small business size standards: Security guards and patrol services, 37490-37492 06-5894 State State Department RULES Visas; nonimmigrant documentation: Consular offices; nonimmigrant visa issuances and refusals; review guidance, 37494-37495 E6-10270 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 37589-37590 E6-10286 National Registry of Evidence-Based Programs and Practices; expansion and use; review priorities and submission process guidance, 37590-37591 06-5928 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 37606 06-5896 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration Treasury Treasury Department See Fiscal Service Veterans Veterans Affairs Department PROPOSED RULES Compensation, pension, burial, and related benefits: Filipino veterans and survivors, 37790-37799 06-5923 Separate Parts In This Issue Part II Agriculture Department, Forest Service; Interior Department, Fish and Wildlife Service, 37642-37691 06-5496 Part III Treasury Department, Fiscal Service, 37694-37741 06-5744 Part IV Environmental Protection Agency, 37744-37787 06-5773 Part V Veterans Affairs Department, 37790-37799 06-5923 Part VI Labor Department, Employment Standards Administration; Labor Department, Employment and Training Administration, 37802-37805 06-5740 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. 71 126 Friday, June 30, 2006 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 511 and 532 RIN 3206-AH38 Classification Under the General Schedule and Prevailing Rate Systems AGENCY: Office of Personnel Management. ACTION: Direct final rule. SUMMARY: The Office of Personnel Management
(OPM)is issuing final regulations to remove obsolete references to OPM central and regional offices from its classification and job grading appeals regulations. DATES: This rule is effective September 28, 2006 without further action, unless adverse comment is received by July 31, 2006. If adverse comment is received, OPM will publish a timely withdrawal of the rule in the **Federal Register** . ADDRESSES: Send or deliver comments to Mark Doboga, Deputy Associate Director, Center for Talent and Capacity Policy, Strategic Human Resources Policy, U.S. Office of Personnel Management, Room 6551, 1900 E Street, NW., Washington, DC 20415-9700, e-mail to *fedclass@opm.gov;* or fax to
(202)606-4891. 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: Georgeanna Emery, by e-mail at *fedclass@opm.gov,* by telephone at 202-606-3600, or by fax at 202-606-4891. SUPPLEMENTARY INFORMATION: The Office of Personnel Management
(OPM)is publishing a direct final rule to make nonsubstantive revisions to parts 511 and 532 of title 5, Code of Federal Regulations. These revisions are necessary to remove obsolete references to OPM central and regional offices. The specific sections of 5 CFR parts 511 and 532 to be revised are §§ 511.605(c), 511.613, 511.701(b)(2), 511.702(b), and 532.705(f). We are also revising the phrase “pay position” in the first sentence of paragraph
(c)of § 511.702 to read “pay of the position.” Pursuant to 5 U.S.C. 553(B), solicitation of comments through the proposed rule process is not necessary due to the nonsubstantive nature of the amendments, i.e., changes in organizational titles and offices and a clerical error correction. E.O. 12866, Regulatory Review The Office of Management and Budget
(OMB)has reviewed this rule in accordance with E.O. 12866. Regulatory Flexibility Act I certify that these regulations would not have a significant economic impact on a substantial number of small entities because they would apply only to Federal agencies and employees. List of Subjects in 5 CFR Parts 511 and 532 Administrative practice and procedure, Freedom of Information, Government employees, Reporting and recordkeeping requirements, Wages. Office of Personnel Management. Linda M. Springer, Director. Accordingly, the Office of Personnel Management is amending parts 511 and 532 of title 5, Code of Federal Regulations, as follows: PART 511—CLASSIFICATION UNDER THE GENERAL SCHEDULE 1. The authority citation for part 511 continues to read as follows: Authority: 5 U.S.C. 5115, 5338, 5351. Subpart F—Classification Appeals 2. Revise paragraph
(c)of § 511.605 to read as follows: § 511.605 Time limits.
(c)*Reconsideration.* An employee or agency may request reconsideration of an Office appellate decision. The request must be in writing, and filed not later than 45 calendar days after the decision is issued. This time limit may be waived under exceptional circumstances by either the Director or the Director's designee. 3. Revise § 511.613 to read as follows: § 511.613 Appeals reconsideration by the Office. The Office may, at its discretion, reopen and reconsider a certificate issued under this subpart.
(a)Requests which contain new and material information, or disagreements over the significance of information, will be remanded to the Director's designee for a decision.
(b)The Office may reopen and reconsider a decision only when written argument or evidence is presented which establishes a reasonable doubt concerning the technical accuracy of the decision. Subpart G—Effective Dates of Position Classification Actions or Decisions 4. Revise paragraph (b)(2) of § 511.701 to read as follows: § 511.701 Effective dates generally.
(b)* * *
(2)The implementation of the certificate may be suspended when it is determined before its effective date that a review of the classification decision is warranted and suspension is desirable. The determination to suspend implementation may be made by the Director or the Director's designee. Suspending the implementation of a certificate does not automatically change the effective date except when the certificate requires that the grade or pay of the position be reduced and the employee is not entitled to retained grade or pay. 5. Revise paragraphs
(b)and
(c)of § 511.702 to read as follows: § 511.702 Agency or Office classification appeal decisions.
(b)The implementation of the decision may be suspended by the Office when it determines before the effective date that a review of the decision is warranted. The determination to suspend implementation may be made by the Director or the Director's designee. Suspending the implementation does not change the effective date of the decision except when the original decision requires that the grade or pay of the position be reduced and the employee is not entitled to grade or pay retention.
(c)When the original decision requires that the grade or pay of the position be reduced and the employee is not entitled to grade or pay retention, the reviewing authority, if sustaining the original decision, shall issue a new certificate and the effective date of the new certificate shall be not earlier than the date of the new decision and not later than the beginning of the fourth pay period following the date of the new decision, unless a subsequent date is specifically stated in the new decision. PART 532—PREVAILING RATE SYSTEMS 6. The authority citation for part 532 continues to read as follows: Authority: 5 U.S.C. 5343, 5346; § 532.707 also issued under 5 U.S.C. 552. 7. Revise paragraph
(f)of § 532.705 to read as follows: § 532.705 Appeal to the Office of Personnel Management.
(f)The Office of Personnel Management may, at its discretion, reopen and reconsider any job-grading decision made by the Office when requested by an employee or an agency. This authority may be used under circumstances such as the following:
(1)An employee or an agency presents material facts not previously considered by the Office;
(2)There is room for reasonable doubt as to the appropriateness of the decision; or
(3)The potential impact of a decision on similar jobs is sufficiently significant to make further review of the decision desirable. [FR Doc. 06-5891 Filed 6-29-06; 8:45 am]
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