Unknown. Final rule
25,626 words·~116 min read·
/register/2007/12/03/07-5888A 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-2007-12-03.xml --- 72 231 Monday, December 3, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration Animal Animal and Plant Health Inspection Service NOTICES Environmental statements; availability, etc.: Citrus greening disease and Asian citrus psyllid, 67881-67882 E7-23369 Antitrust Antitrust Division NOTICES National cooperative research notifications:
IMS Global Learning Consortium, Inc., 67965 07-5898 Army Army Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Polymerization of aromatic monomers using derivatives of hematin, 67921 E7-23368 Reports and guidance documents; availability, etc.: DOD Personal Property Program; Transportation Service Providers/Contractors; Full Replacement Value mandatory requirement; cancellation, 67921-67922 E7-23382 Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 67887-67889 E7-23311 E7-23312 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 67940-67941 E7-23336 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:
Commercial availability actions— Dominican Republic-Central America-US Free Trade Agreement; due diligence requirement, 67916-67918 E7-23410 Dominican Republic-Central America Free Trade Agreement; commercial availability— Woven polyester/spandex moleskin fabric, 67918 E7-23408 Commodity Commodity Futures Trading Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 67919 E7-23279 Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 67995-67996 07-5908 Defense Defense Department See Army Department NOTICES Federal Acquisition Regulation (FAR):
Agency information collection activities; proposals, submissions, and approvals, 67919-67921 07-5917 07-5918 Meetings: Missile Defense Advisory Committee, 67921 E7-23333 Delaware Delaware River Basin Commission PROPOSED RULES Water Quality Regulations, Water Code, and Comprehensive Plan: New York City Delaware Basin reservoirs; Flexible Flow Management Program, 67875-67878 E7-23383 Drug Drug Enforcement Administration RULES Schedules of controlled substances: Schedule I controlled substances; positional isomer definition, 67850-67852 E7-23413 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:
Innovation and improvement— Charter School Program, 68034-68039 E7-23390 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: Electric Mobility Corp., 67965-67966 E7-23375 Emcore Corp., 67966 E7-23373 Franklin Pump Systems, Inc., 67966 E7-23370 G.E. Zenith Controls, 67967 E7-23378 General Electric, 67967 E7-23376 G-Tech Professional Staffing Inc., 67966 E7-23377 PI, Inc., 67967 E7-23380 Poirier's Inc. et al., 67967-67968 E7-23371 Simclar (North America), Inc., 67968 E7-23379 Strick Corp., 67968 E7-23374 Sun Microsystems, Inc., 67968-67970 E7-23372 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.:
Fuel cell technology improvement; research, development, and demonstration; workshop, 67922-67923 E7-23358 Senior Executive Service Performance Review Board; membership, 67923-67925 E7-23354 Energy Energy Efficiency and Renewable Energy Office NOTICES Meetings: Hydrogen and Fuel Cell Technical Advisory Committee, 67925 E7-23359 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Massachusetts, 67854-67858 E7-23246 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:
Maryland, 67878-67880 E7-23384 NOTICES Air programs: Stratospheric ozone protection— Essential use allowances (2009 and 2010 CYs); applications, 67930-67932 E7-23417 Water supply: Public water system supervision program— New York, 67932-67933 E7-23415 Executive Executive Office of the President See Management and Budget Office FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 67845-67847 E7-23343 Aircraft Industries, 67841-67843 E7-23222 Fokker, 67847-67849 E7-23346 Piaggio Aero Industries, 67843-67845 E7-23227 PROPOSED RULES Airworthiness directives:
Airbus, 67868-67870 E7-23338 Boeing, 67864-67868, 67873-67875 E7-23335 E7-23337 E7-23342 Bombardier, 67870-67873 E7-23339 Lockheed; correction, 67998 C7-5595 NOTICES Antidrug and alcohol misuse prevention programs for personnel engaged in specified aviation activities: Random alcohol and drug testing; minimum annual percentage rates, 67994-67995 07-5900 Environmental statements; notice of intent: Auburn-Opelika Airport, AL: property release, 67995 07-5899 FCC Federal Communications Commission RULES Common carrier services:
Universal service— Reporting and recordkeeping requirements, 67858-67859 E7-23280 Radio stations; table of assignments: California, 67859 E7-23261 PROPOSED RULES Radio stations; table of assignments: Oklahoma, 67880 E7-23256 NOTICES Agency information collection activities; proposals, submissions, and approvals, 67933-67937 E7-23259 E7-23260 E7-23262 E7-23265 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 67937-67938 07-5931 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 67926-67930 E7-23327 E7-23328 E7-23329 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 67938 E7-23307 Banks and bank holding companies:
Change in bank control, 67938 E7-23340 Formations, acquisitions, and mergers, 67938-67939 E7-23273 E7-23341 Permissible nonbanking activities, 67939 E7-23274 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service RULES Bonds and notes; U. S. Treasury: Series EE and I savings bonds; lowers annual purchase limitation per person for Series EE and I bonds, and eliminates $10, 000 Series I bonds demonstration, 67853-67854 07-5888 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 67941-67943 E7-23351 E7-23352 Food additive petitions:
General Mills, Inc., 67943-67944 E7-23400 Forest Forest Service NOTICES Appealable decisions; legal notice: Alaska Region, 67882 07-5895 Environmental statements; notice of intent: Medicine Bow-Routt National Forest and Thunder Basin National Grassland, WY, 67882-67884 07-5894 Meetings: Black Hills National Forest Advisory Board, 67884 07-5896 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 67919-67921 07-5917 07-5918 Geological Geological Survey NOTICES Meetings:
Climate Change Science Program Committee for Synthesis and Assessment Product 3.4; abrupt climate change, 67947-67948 07-5897 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency designation actions: Various states, 67884-67885 E7-23248 Agency designation areas: Various States, 67885-67887 E7-23239 E7-23243 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 67940 E7-23322 Health Health Resources and Services Administration NOTICES Meetings:
Heritable Disorders and Genetic Diseases in Newborns and Children Advisory Committee, 67944 E7-23334 Homeland Homeland Security Department See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Mortgage and loan insurance programs: Credit Watch Termination Initiative; mortgages whose Origination Approval Agreements have been terminated; list, 67946-67947 E7-23321 Indian Indian Affairs Bureau NOTICES Indian tribes, acknowledgment of existence determinations, etc.:
Juaneno Band of Mission Indians, Acjachemen Nation, CA, 67948-67951 E7-23360 Juaneno Band of Mission Indians, CA, 67951-67954 E7-23361 Interior Interior Department See Geological Survey See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See National Park Service See Surface Mining Reclamation and Enforcement Office NOTICES Environmental statements; availability, etc.: Central Utah Project— Hobble Creek Habitat Restoration Project; meeting, 67947 E7-23398 IRS Internal Revenue Service PROPOSED RULES Income taxes:
Corporate reorganizations and tax-free liquidations; accounting method changes Correction, 67878 E7-23277 NOTICES Agency information collection activities; proposals, submissions, and approvals, 67996-67997 E7-23276 E7-23278 International International Trade Administration NOTICES Antidumping: Antifriction bearings (other than tapered roller bearings) and parts from— Japan, 67892-67893 E7-23402 Antidumping and countervailing duties: Administrative review requests, 67889-67890 E7-23392 Five-year (sunset) reviews— Advance notification, 67891-67892 E7-23394 Initiation of reviews, 67890-67891 E7-23393 Countervailing duties:
Laminated woven sacks from— China, 67893-67911 E7-23459 Raw flexible magnets from— China, 67911 E7-23391 Export trade certificates of review, 67911-67912 E7-23403 International International Trade Commission NOTICES Import investigations: Computer systems, printers, and scanners, 67960-67961 E7-23355 Denim fabric; use in African Growth and Opportunity Act countries during 2007 FY, 67961-67962 E7-23356 Ferrovanadium from— China and South Africa, 67962-67965 E7-23226 Silicomanganese from— Various countries, 67965 E7-23353 Justice Justice Department See Antitrust Division See Drug Enforcement Administration Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.:
Wyoming, 67954 E7-23344 Committees; establishment, renewal, termination, etc.: North Slope Science Initiative Science Technical Advisory Panel, 67954-67955 E7-23347 Pinedale Anticline Working Group, 67955-67956 E7-23324 Privacy Act; systems of records, 67956-67958 E7-23357 Management Management and Budget Office NOTICES Designated Federal entities and Federal entities; list, 67985-67987 E7-23406 Millennium Millennium Challenge Corporation NOTICES Meetings; Sunshine Act, 67972 07-5922 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.:
British petroleum; Liberty Development and Production Plan; ultra extended reach drilling from Endicott Satellite Drilling Island, 67958 E7-23325 Western Gulf of Mexico OCS— Oil and gas lease sales, 67958-67959 E7-23332 Mine Mine Safety and Health Administration NOTICES Petitions for safety standards modification; application, processing, disposition, etc., 67970-67972 E7-23395 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 67919-67921 07-5917 07-5918 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 67972-67974 E7-23381 NOAA National Oceanic and Atmospheric Administration RULES Marine mammals:
Commercial fishing authorizations— Atlantic Large Whale Take Reduction Plan, 67859-67863 07-5906 07-5907 NOTICES Agency information collection activities; proposals, submissions, and approvals, 67912-67914 E7-23309 E7-23310 E7-23313 Marine mammal permit applications, determinations, etc., 67914-67915 E7-23387 E7-23389 Meetings: Marine Fisheries Advisory Committee, 67915-67916 E7-23414 Pacific Fishery Management Council, 67916 E7-23314 National Park National Park Service NOTICES Environmental statements; notice of intent:
Georgetown University; Washington, DC; boathouse construction project, 67959-67960 07-5901 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 67974-67975 E7-23326 E7-23348 E7-23349 E7-23350 Meetings: National Science Board, 67975-67976 E7-23323 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Nuclear Waste and Materials Advisory Committee, 67976-67977 E7-23331 Plants and materials; physical protection: Radioactive materials of concern security; safeguards information protection, and fingerprinting and criminal history record check requirements, 67977-67985 E7-23364 E7-23366 Office Office of Management and Budget See Management and Budget Office Personnel Personnel Management Office RULES Federal Workforce Flexibility Act of 2004; implementation:
Recruitment, relocation, and retention incentives; supervisory differentials; and extended assignment incentives, 67831-67841 E7-23411 Postal Postal Regulatory Commission NOTICES Commission tour: Louisville, KY, 67987 07-5893 Public Public Debt Bureau See Fiscal Service SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Depository Trust Co., 67987-67988 E7-23315 International Securities Exchange, LLC, 67988 E7-23318 NASDAQ Stock Market LLC, 67989-67990 E7-23316 New York Stock Exchange LLC, 67990 E7-23317 Options Clearing Corp., 67991-67994 E7-23319 E7-23320 State State Department NOTICES Grants and cooperative agreements; availability, etc.:
Africa, East Asia, Europe, Near East, North Africa, South Central Asia, and Western Hemisphere; professional exchange programs, 67994 E7-23405 Surface Surface Mining Reclamation and Enforcement Office RULES Surface coal mining and reclamation operations: Ownership, control, transfer, assignment, or sale of permit rights, 68000-68031 E7-23162 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 67944-67945 E7-23365 E7-23388 Maritime and land transportation security:
Transportation Worker Identification Credential; enrollment— Ports of Long Beach, CA and Indiana Harbor, IN, 67945-67946 E7-23407 Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Internal Revenue Service Separate Parts In This Issue Part II Interior Department, Surface Mining Reclamation and Enforcement Office, 68000-68031 E7-23162 Part III Education Department, 68034-68039 E7-23390 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. 72 231 Monday, December 3, 2007 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 530 and 575 RIN: 3206-AK81 Recruitment, Relocation, and Retention Incentives AGENCY: Office of Personnel Management. ACTION: Final rule.
SUMMARY: The Office of Personnel Management is issuing final regulations on recruitment, relocation, and retention incentives. The final regulations revise the interim regulations by making a number of technical modifications, corrections, and clarifications. The final regulations continue to provide agencies with additional flexibility to help recruit and retain Federal employees and better meet agency strategic human capital needs. DATES: *Effective Date:* January 2, 2008. FOR FURTHER INFORMATION CONTACT:
Jeanne Jacobson by telephone at
(202)606-2858; by fax at
(202)606-0824; or by e-mail at *pay-performance-policy@opm.gov.* SUPPLEMENTARY INFORMATION: On May 13, 2005, the Office of Personnel Management
(OPM)published interim regulations (70 FR 25732) to implement section 101 of the Federal Workforce Flexibility Act of 2004 (Pub. L. 108-411, October 30, 2004). Section 101 amended 5 U.S.C. 5753 and 5754 by providing a new authority to make recruitment, relocation, and retention payments. The amended law replaced the former recruitment and relocation bonus and retention allowance authority provided by 5 U.S.C. 5753 and 5754. The 60-day comment period for the interim regulations ended July 12, 2005. During the comment period, we received comments from eight agencies, one employee organization, and eight individuals. A number of the commenters stated they are pleased with the flexibilities provided by the interim regulations. They believe the enhanced recruitment, relocation, and retention incentive
(3Rs)authorities will allow agencies to be more competitive with the private sector and assist in recruiting and retaining highly qualified employees and candidates. The commenters support the approach taken by OPM to provide agencies with maximum flexibility and discretion to craft plans for administering the incentives to best meet their needs. The Supplementary Information for the interim regulations posed a number of questions about whether the 3Rs regulations should provide agencies with the authority to pay recruitment incentives to help recruit current employees (as authorized by 5 U.S.C. 5753(b) under conditions that would be described in OPM regulations) and to pay retention incentives to help retain employees likely to leave for a different Federal position (as authorized by 5 U.S.C. 5754(b) under conditions that would be described in OPM regulations) and, if so, under what circumstances. The comments we received in response to these questions are not addressed in these final regulations, but will be addressed in a future **Federal Register** notice. This **Federal Register** notice addresses the remaining comments and makes a number of technical revisions and clarifications in the 3Rs regulations, which are summarized below. Comments Applicable to Recruitment, Relocation, and Retention Incentives Definition of Basic Pay (§§ 530.202, 575.102, 575.202, and 575.302) An individual expressed confusion about the definition of *basic pay* in the aggregate limitation on pay regulations at § 530.202 and the definition of *rate of basic pay* in the recruitment, relocation, and retention incentive regulations at §§ 575.102, 575.202, and 575.302, respectively. The commenter questioned why the terms themselves are different and why they are defined differently. Similar terms may be used and defined in different ways in title 5, Code of Federal Regulations, depending on the purpose of the term and statutory requirements. Differences in the term *basic pay* for the purpose of the aggregate limitation on pay and the term *rate of basic pay* for the purpose of the 3Rs are necessary based on how each term is used in its respective subpart of the regulations. Each term must be read only within the context of the subpart of the regulation in which it is defined. In the aggregate limitation on pay regulations, an employee's *basic pay* is added to certain other payments authorized under title 5, United States Code, to determine whether the employee's total pay has reached the aggregate limitation on pay in the calendar year. In the 3Rs regulations, an employee's *rate of basic pay* is used to compute recruitment and relocation incentive payment limits and retention incentive payments. Eligible Categories of Employees (§§ 575.103, 575.203, and 575.303) An agency questioned whether employees under administratively determined
(AD)pay systems are covered by the 3Rs authorities. The agency wanted to ensure that AD employees are covered. OPM has not regulated that all AD positions are eligible for recruitment, relocation, and retention incentives. Under 5 U.S.C. 5753(a)(1)(B) and 5754(a)(1)(B), OPM may approve coverage of a category of non-General Schedule (non-GS) employees under the 3Rs authorities at the request of the head of an Executive agency. When we issued the interim regulations implementing the new authorities, OPM approved those categories of non-GS employees that were previously covered under the former recruitment and relocation bonus and retention allowance authorities for coverage under the new authorities, except when such categories are excluded by law (5 U.S.C. 5753(a)(2) and 5754(a)(2)) or regulation (§§ 575.104, 575.204, and 575.304). (See CPM 2005-08 on OPM's Web site at *http://www.opm.gov/oca* for additional information and a list of approved single-agency categories of employees.) If a category of AD employees (or other employee category) is not already approved for coverage, the head of an Executive agency may request OPM approval for coverage of such employees. The coverage of each category of AD positions requires separate OPM approval. The same agency noted the regulations at §§ 575.103, 575.203, and 575.303 cover employees in a position under the Executive Schedule paid under 5 U.S.C. 5311-5317. The agency stated Executive Schedule positions are filled using presidential appointments and such appointments are excluded from coverage under §§ 575.104, 575.204, and 575.304. The agency commented that the regulations appear to be contradictory and suggested the coverage of Executive Schedule positions be restated or clarified. We agree most Executive Schedule positions are filled using presidential appointments and, thus, employees appointed to such positions would not be eligible for 3Rs payments under §§ 575.104, 575.204, and 575.304. However, we are retaining the provision in §§ 575.103, 575.203, and 575.303 stating employees appointed to or in Executive Schedule positions are eligible for 3Rs payments to ensure that an employee in an Executive Schedule position that is not otherwise excluded by § 575.104, 575.204, and 575.304 ( *e.g.* , not a presidential appointee) remains eligible for such payments. Another agency asked for clarification on whether employees of nonappropriated fund instrumentalities
(NAFI)are eligible for recruitment, relocation, and retention incentives. We have not made a change to the regulations in response to this comment. An employee in a NAFI position meeting the definition of a prevailing rate position in 5 U.S.C. 5342(a)(3) is eligible for recruitment, relocation, and retention incentives, as long as the position is not otherwise excluded by §§ 575.104, 575.204, and 575.304. (See §§ 575.103(f), 575.203(f), and 575.303(f).) As of the date of publication of these final regulations in the **Federal Register** , all other categories of NAFI positions ( *e.g.* , “white collar” NAFI positions) are ineligible for 3Rs payments. However, because a NAFI employee is covered by the definition of employee in 5 U.S.C. 5753(a)(3) and 5754(a)(3) and §§ 575.102, 575.202, and 575.302 of the regulations, OPM may extend coverage of the 3Rs authorities to currently excluded categories of NAFI employees upon request of the head of an Executive agency. Finally, we are revising the introductory text in §§ 575.103, 575.203, and 575.303 to clarify that only an *Executive agency* (as defined in §§ 575.102, 575.202, and 575.302) may pay recruitment, relocation, and retention incentives to the categories of non-GS employees listed in those sections. (See 5 U.S.C. 5753(a)(1)(B) and 5754(a)(1)(B).) These sections continue to provide that an agency in the executive branch or legislative branch may pay recruitment, relocation, and retention incentives to GS employees. (See the definition of agency in §§ 575.102, 575.202, and 575.302.) Payment Approval Levels (§§ 575.107, 575.207, and 575.307) An individual questioned whether the authority to approve 3Rs requests could be delegated to the immediate supervisor of the employee receiving the 3Rs incentive provided the supervisor is the head of a departmental element who reports to the head of an agency and the employee receiving the incentive is not a member of the Senior Executive Service. The commenter noted the second-level supervisory or managerial approval requirement seems contrary to OPM's intent to expeditiously hire and retain the best and brightest and stated “this new requirement will actually slow the process and hamper efforts to review and approve 3R incentives in a timely manner.” We understand the need for streamlined and efficient agency approvals of 3Rs incentives. However, this need must be balanced with an appropriate and judicious use of the authorities. We note that the second-level supervisory or management approval of 3Rs incentives is not a new requirement- *i.e.* , it was required by the regulations for the former recruitment and relocation bonus and retention allowance authorities and was carried over into the new regulations. Since no additional approval levels have been added, we foresee no slowing of the approval process because of the new regulations. We note that several provisions in the regulations make it possible to approve incentives without a second-level supervisory or managerial review. For example, the regulations at § 575.107(b)(2) allow an agency to establish criteria in advance so an employment candidate's supervisor or equivalent-level official may offer a recruitment incentive within a pre-established range without further review or approval. Also, the relocation incentive regulations at § 575.207(b)(2) do not require higher-level approval when approving coverage of individual employees under a previously approved group relocation incentive authorization under § 575.208(b). Finally, under § 575.307(b)(2), second-level supervisory or managerial approval is not required when approving coverage of individual employees under a previously approved group retention incentive authorization. In addition, agencies have considerable discretion when they craft their 3Rs plans to decide which officials will have approval authority for these incentives. (See §§ 575.107(a)(1), 575.207(a)(1), and 575.307(a)(1).) If agencies require very high-level reviews for these incentives, the approval process may become slow and unwieldy. However, this is a matter that must be decided at the agency level. Paying Recruitment, Relocation, and Retention Incentives Concurrently (§§ 575.109, 575.209, and 575.309) Two agencies requested the regulations specify whether the service agreement periods for more than one type of incentive should be served concurrently or sequentially. Another agency pointed out the regulations do not address the ability to offer a recruitment incentive followed by a relocation incentive and suggested the explanation of the order of and the basis for offering multiple incentives be described more thoroughly in each respective section under §§ 575.109, 575.209, and 575.309. We agree that the regulations should clarify these issues. The interim retention incentive regulations at § 575.309(g) provided an agency may not commence a retention incentive service agreement (or begin paying a retention incentive without a service agreement) during a period of employment established under a service agreement required for the payment of a recruitment incentive or a relocation incentive. After a retention incentive service agreement has commenced (or retention incentive payments without a service agreement have commenced), the retention incentive regulations allowed an agency to pay a relocation incentive without affecting the payment of an existing retention incentive. However, the interim recruitment and relocation incentive regulations were silent on paying recruitment, relocation, and retention incentives concurrently and whether employees should serve multiple 3Rs service agreements concurrently or sequentially. These final regulations provide the following rules regarding concurrent recruitment, relocation, and retention incentive payments: • New § 575.105(c) provides that an agency may not commence a recruitment incentive service agreement during
(1)a period of employment established under a service agreement required for a relocation incentive, or
(2)during a period of employment established under a service agreement for a previously authorized retention incentive or for which an employee is receiving a previously authorized retention incentive without a service agreement. • New § 575.205(d) provides that an agency may not commence a relocation incentive service agreement during
(1)a period of employment established under any service agreement required for a recruitment incentive, or
(2)a period of employment established under any service agreement required for a previously authorized relocation incentive. • New § 575.205(e) provides that an agency may commence a relocation incentive service agreement during a period of employment established under a service agreement for a previously authorized retention incentive or for which an employee is receiving previously authorized retention incentive payments without a service agreement. (This provision was formerly in § 575.309(g).) This new paragraph also clarifies that the service period under two such service agreements must run concurrently. • Revised § 575.309(g) provides that an agency may not commence a retention incentive service agreement (or begin paying a retention incentive without a service agreement) during
(1)a period of employment established under any service agreement required for payment of a recruitment incentive or a relocation incentive or
(2)a period of employment established under a service agreement for a previously authorized retention incentive or for which an employee is receiving a previously authorized retention incentive without a service agreement. Except as provided in § 575.205(e), these regulatory changes prohibit the simultaneous payment of multiple incentives and prohibit concurrent 3Rs service agreements. However, the recruitment, relocation, and retention incentive authorities provide substantial flexibility to make sizable incentive payments in situations in which offering multiple incentives may otherwise be attractive. For example, if an employee fulfilling a recruitment incentive service agreement is relocated to a different geographic area in a difficult to fill position, the regulations provide the agency the flexibility to terminate the recruitment incentive service agreement under § 575.111(a) and authorize a relocation incentive under 5 CFR part 575, subpart B, in its place. In this case, the employee would not be disadvantaged because under § 575.111(e), the employee would be entitled to all recruitment incentive payments attributable to completed service and to retain any portion of a recruitment incentive payment already received that is attributable to uncompleted service. The agency could consider any remaining recruitment incentive payments and time remaining under the recruitment incentive service agreement in determining the amount of the relocation incentive and length of the relocation incentive service agreement. Similarly, if an employee receiving a group retention incentive under § 575.305(b) is still likely to leave Federal service and has unusually high or unique qualifications that are not adequately covered by the group retention incentive authorization, the agency could terminate the group retention incentive under § 575.311(a) for the individual employee and authorize an individual retention incentive under § 575.305(a) for the employee. The agency could consider the amount of the group retention incentive and time remaining under the group retention incentive service agreement, if any, in determining the amount of the new retention incentive and length of any new retention incentive service agreement. Definition of “Fully Successful” (§§ 575.110(d), 575.111(b), 575.205(c), 575.210(d), 575.211(b), 575.305(d), 575.306(c)(2), 575.310(d), 575.311(b), and 575.311(f)(5)(ii)) An agency requested clarification of the definition of “fully succeed” [sic] due to variances in Federal performance ratings. The agency questioned whether the intent is to limit the payment of recruitment incentives to only those employees whose rating of record is at the highest level under the applicable performance appraisal system and recommended that employees at least one level below the highest level be eligible, so as to accommodate the ratings of new hires. Because recruitment incentives may be paid only to newly-appointed Federal employees (or former employees with a 90-day break in service), the regulations do not require an employee to have a “Fully Successful” or higher rating of record to receive a recruitment incentive. However, the regulations at §§ 575.205(c) and 575.305(d) provide that a relocation and retention incentive may be paid to an employee only when the employee's rating of record (or official performance appraisal or evaluation under a system not covered by 5 U.S.C. chapter 43 or 5 CFR part 430) is at least “Fully Successful” or equivalent. In addition, the regulations at §§ 575.110(d), 575.111(b), 575.210(d), 575.211(d), 575.310(d), 575.311(b), and 575.311(f)(5)(ii) require agencies to terminate 3Rs service agreements and retention incentive payments when no service agreement is required if the employee receives a rating of record of less than “Fully Successful” or equivalent. We note “Fully Successful” is not intended to refer to a rating of record that is the highest level under an applicable performance appraisal system, unless the performance appraisal system is a pass-fail system. Repayment Waivers (§§ 575.111(g) and 575.211(g)) Sections 575.111(g) and 575.211(g) of the interim regulations provided that the head of an agency may use the authority in 5 U.S.C. 5584 to waive a debt resulting from an employee's failure to reimburse the agency for the full amount of a recruitment or relocation incentive repayment requirement when the employee fails to fulfill a required service period. An individual commented that OPM appears to have the authority to permit agencies to waive repayment of recruitment and relocation incentives without reliance on 5 U.S.C. 5584 because 5 U.S.C. 5753(g) permits OPM to promulgate “regulations relating to repayment of a bonus under this section under appropriate circumstances when the agreed upon service period has not been completed.” The commenter also noted such waivers should not be routine, but circumstances are likely to arise under which repayment of unliquidated amounts would constitute an undue hardship, such as for unforeseen and compelling personal reasons. We agree that it is appropriate for OPM to use its regulatory authority at 5 U.S.C. 5753(g) to provide agencies with the authority to waive the requirement to repay recruitment or relocation incentive payments attributable to uncompleted service when a service agreement is terminated under §§ 575.111(b) and 575.211(b), rather than relying on the agency's authority to waive recovery of an erroneous payment under 5 U.S.C. 5584. We are revising the regulations at §§ 575.111(g) and 575.211(g) to remove the reference to an agency's authority to waive a debt under 5 U.S.C. 5584. We also are adding new paragraphs §§ 575.111(h) and 575.211(h) to provide an authorized agency official with the authority to waive the requirement for an employee to repay recruitment or relocation incentive payments attributable to uncompleted service under §§ 575.111(f) and 575.211(f) when collection of the excess payments from the employee would be against equity and good conscience and not in the best interests of the United States. Agencies should ensure such waiver authority is used judiciously. (See also the conforming changes in §§ 575.107(a)(1) and 575.207(a)(1).) Agencies continue to have the authority under 5 U.S.C. 5584 to waive recovery of recruitment or relocation incentives or other pay or allowances that are paid erroneously. Reporting Requirements (§§ 575.113, 575.213, and 575.313) An agency requested the supplementary information or final regulations clarify that the Department of Defense
(DOD)and United States Coast Guard
(USCG)are not expected to report incentives paid to prevailing rate employees from non-appropriated funds in its submission for OPM's report to Congress. The agency stated, although NAFI prevailing NAFI rate employees are included in the definition of *employee* and in the eligible categories of employees for each type of incentive, a 3Rs payment paid to those employees is paid out of funds not appropriated by Congress. We do not agree. Incentives paid from non-appropriated funds should be included in the annual report to OPM required by §§ 575.113(b), 575.213(b) and 575.313(b). The congressional reporting requirement in section 101(c) of the Federal Workforce Flexibility Act of 2004 does not make a distinction between appropriated and non-appropriated fund positions. Agencies should report required 3Rs data and information for both types of employees. Comments Applicable to Recruitment Incentives Definition of “Newly Appointed” (§ 575.102) An agency asked for clarification on whether the regulations permit the payment of recruitment incentives to employees moving from either prevailing rate or white-collar NAFI positions to positions covered by the recruitment incentive regulations (e.g., GS). Under 5 U.S.C. 5753(b)(2)(A), a recruitment incentive may be paid to an employee “newly appointed as an employee of the Federal Government.” *Newly appointed* is defined in § 575.102 as referring to
(1)the first appointment as an employee of the Federal Government,
(2)an appointment of a former employee of the Federal Government following a 90-day break-in-service, or
(3)an appointment as an employee of the Federal Government when the employee's Federal service during the 90-day period immediately preceding the appointment was limited to certain types of employment (e.g., a time-limited appointment). Under the interim regulations, certain categories of NAFI employees in DOD and USCG were considered *newly appointed* and eligible to receive a recruitment incentive under the conditions prescribed in 5 CFR part 575, subpart A, when moving to a position listed in § 575.103 (i.e., NAFI employees who moved to a position in the same agency after more than a 3-day break in service and NAFI employees who moved to a position in a different agency with or without a break in service). Such NAFI employees did not need the 90-day break in service required by paragraph
(2)of the definition of *newly appointed* to receive a recruitment incentive. (See the exemptions in paragraphs (3)(iv) and
(v)of that definition in the interim regulations.) Based on the definition of *employee* in § 575.102 and the definition of *employee* in 5 U.S.C. 5753(a)(3), both of which specifically include a DOD and USCG NAFI employee, as described in 5 U.S.C. 2105(c), we believe it would be more consistent to revise the definition of *newly appointed* in these final regulations to remove the special exemptions from the 90-day break-in-service requirement in paragraphs (3)(iv) and
(v)of the definition of *newly appointed* for DOD and USCG NAFI employees. In other words, all DOD and USCG NAFI service will be considered Federal service in applying the 90-day break-in-service rule. DOD and USCG NAFI employees must have a 90-day break-in-service to be eligible for a recruitment incentive upon movement to a position listed in § 575.103 (unless one of the remaining exclusions in the definition of *newly appointed* applies). Payment and Repayment Requirements (§ 575.111) An agency recommended amending § 575.111(b) and
(f)to state employees must repay recruitment incentive payments for any part of the service period in which they did not meet all of the terms of the service agreement; e.g., for periods of unsatisfactory performance. The same agency recommended the regulations require full repayment of a recruitment incentive if employment is terminated due to falsified employment documents or pre-employment conditions. The regulations at § 575.111(b) require an agency to terminate a recruitment incentive service agreement when an employee receives a rating of record of less than “Fully Successful” or equivalent or when an employee otherwise fails to fulfill the terms of the service agreement. If an agency terminates a service agreement for such reasons, § 575.111(f) provides that the employee is entitled to keep any portion of recruitment incentive payments already received that are attributable to completed service; however, the employee is obligated to repay any recruitment incentive payments received attributable to uncompleted service. Under this section, if an employee has received recruitment incentive payments less than the amount attributable to completed service when the service agreement is terminated, the agency is not obligated to pay the employee the amount attributable to completed service, unless the agency agreed to such payment in the employee's service agreement. Agencies may want to consider not paying all of a recruitment incentive as an up-front, lump-sum payment in advance of the employee fulfilling a service period and, instead, paying all or part of a recruitment incentive after an employee successfully completes all or part of the service period. We agree the regulations should require full repayment of a recruitment incentive if employment is terminated due to falsified employment documents or pre-employment conditions. We are adding a new paragraph
(j)to § 575.111 to require an employee to repay all recruitment incentive payments if an agency terminates a service agreement when an employee is separated as a result of material false or inaccurate statements or deception or fraud in examination or appointment, or as a result of failing to meet employment qualifications. An individual commented, if an applicant accepts an offer of employment along with a recruitment incentive, an agency should not be able to cancel the agreement (unless for poor performance) without paying out the full amount of the incentive (regardless of the installment plan). The individual stated if an applicant accepts a recruitment incentive offer in good faith, allowing the agency to terminate the service agreement without paying the full incentive seemed unfair. We disagree. The regulations provide appropriate protections for an employee if the agency terminates a service agreement when the employee is not at fault. Section 575.111(e) provides that such an employee is entitled to receive recruitment incentive payments attributable to completed service and to keep any recruitment incentive payments already received for completed and uncompleted service. An agency should not be obligated to pay additional recruitment incentive payments for service that is not completed under a terminated service agreement. An agency commented the recruitment incentive repayment requirements are not consistent with the student loan repayment regulations which require full repayment if a service agreement is not completed. The student loan repayment program is based on a different statutory authority with different repayment requirements if the service agreement is not fulfilled. Under 5 U.S.C. 5379, an employee is obligated to reimburse the paying agency for the full amount of the student loan repayment benefits provided when the employee voluntarily separates from Federal service, or is separated involuntarily due to misconduct or poor performance, and does not complete the terms of the student loan repayment service agreement. There is no similar statutory requirement for recruitment incentives in 5 U.S.C. 5753. Under 5 U.S.C. 5753(c)(2), OPM has the authority to regulate the terms and conditions under which recruitment incentives are payable, including the conditions under which a service agreement may be terminated and the effect of the termination. Consistent with the former recruitment bonus authority, the recruitment incentive regulations at § 575.111 generally require a pro-rated repayment of incentive payments received that are attributable to uncompleted service if a service agreement is not fulfilled. The same agency commented that § 575.111(f) is vague and stated clarification is needed on whether agencies have the discretion to define completed service as the duration of the service agreement. The agency questioned whether it may require full repayment if the employee fails to complete a service period or must the repayment amount be prorated based on the portion of the agreement served. Under § 575.110(a), a service period is the period of employment that an employee agrees to fulfill in exchange for a recruitment incentive, as documented in the employee's service agreement. “Completed service,” as used in § 575.111, is the amount of time the employee has fulfilled under the service agreement, and “uncompleted service” is the amount of time the employee has not fulfilled under the service agreement. We are clarifying the recruitment and relocation incentive regulations by adding a new paragraph
(i)to §§ 575.111 and 575.211 to provide that in determining the amount of recruitment and relocation incentive payments attributable to completed and uncompleted service, agencies must prorate the full amount of the authorized incentive payments across the length of the service period. (See the fact sheet at *http://www.opm.gov/oca/PAY/HTML/rectermcalc.asp* for additional information.) Additional Changes We are making the following additional changes to the recruitment incentive regulations to correct technical errors and make minor clarifications: • Revising the definition of *employee* and replacing the definition of *employee of the Federal Government* with *Federal Government* in § 575.102 to eliminate redundancy and circular language regarding NAFI employees. These final regulations also revise paragraphs
(2)and
(3)in the definition of *newly appointed* in § 575.102 consistent with these new definitions. • Revising paragraph (3)(i) of the definition of *newly appointed* in § 575.102 to clarify a “nonpermanent appointment” excludes a Schedule C appointment under 5 CFR part 213. An agency may not pay a recruitment incentive to an employee moving from a Schedule C appointment to a non-Schedule C appointment, unless the employee has a 90-day break in service. • Adding employment under the Student Career Experience Program under 5 CFR 213.3202(b) as a new paragraph (3)(vi) in the definition of *newly appointed* in § 575.102. A similar provision was included in the former recruitment bonus regulations, but it was inadvertently left out of the interim recruitment incentive regulations. • Adding an appointment as an expert or consultant under 5 U.S.C. 3109 and 5 CFR part 304 as a new paragraph (3)(iv) in the definition of *newly appointed* in § 575.102. Service under a temporary expert and consultant appointment is already not counted as Federal service in applying the 90-day break-in-service requirement in the existing definition of *newly appointed.* This addition will ensure that service under an intermittent “expert and consultant” appointment that is not a temporary appointment also is disregarded in applying the 90-day break-in-service requirement. • Revising § 575.106(b)(1) to clarify a factor for determining when a position is likely to be difficult to fill is the availability and quality of candidates possessing the competencies required for the position, including the success of recent efforts to recruit candidates for “the position or similar positions.” The language in the interim regulations stated only the success of recent efforts to recruit candidates for “similar positions.” • Clarifying § 575.107(b)(1) to provide an authorized agency official must review and approve the recruitment incentive determination before paying the incentive to the employee. Comments Applicable to Relocation Incentives Definition of Temporary Relocation (§ 575.205(a)(2)) An agency commented that the Supplementary Information of the interim regulations stated that a relocation incentive may be paid for a temporary relocation. The agency suggested “temporary relocation” should be defined. We do not agree. Section 575.205(a) provides an agency may pay a relocation incentive to an employee who must relocate to a different geographic area “permanently or temporarily.” Because there is no minimum length for a relocation incentive service agreement as there is for recruitment incentives, it is not necessary to define what is meant by “temporary relocation.” Note that under § 575.205(b) employees must establish a residence in the new geographic area before an agency may pay a relocation incentive to an employee, even when the employee is relocated to a different geographic area on a temporary basis. Payment to Former NAFI Employees (§ 575.205(a)) An agency requested clarification of whether relocation incentives may be paid to DOD or USCG NAFI employees who move to appropriated fund positions. An agency may pay a relocation incentive to a white-collar or prevailing rate NAFI employee in a DOD or USCG NAFI position who moves without a break in service to an appropriated fund position that is eligible for relocation incentives under § 575.203 and that is in a different geographic area. Consistent with the definition of *employee* in 5 U.S.C. 5753(a)(3), *employee* is defined in § 575.202 to mean an employee as defined in 5 U.S.C. 2105 “except that the term also includes an employee described in 5 U.S.C. 2105(c) * * *.” Section 2105(c) of title 5, United States Code, covers DOD and USCG NAFI employees. To help clarify this further, § 575.202 includes a revised definition of *employee* and replaces the definition of *employee of the Federal Government* with *Federal Government* to eliminate redundancy and circular language regarding NAFI employees. Also, we are revising § 575.205(a) to provide that an agency may pay a relocation incentive under the conditions in 5 CFR part 575, subpart B, to an *employee* (as that term is newly defined) who
(1)relocates to a different geographic area (temporarily or permanently) to accept a position listed in § 575.203 in an agency that is likely to be difficult to fill and
(2)is an *employee* of the *Federal Government* (as those terms are newly defined) immediately before the relocation. Additional Changes We are making the following additional changes to the relocation incentive regulations to correct technical errors and make minor clarifications: • Revising § 575.206(a)(4) to replace the term “recruitment incentive” with “relocation incentive.” • Revising § 575.206(b)(1) to clarify a factor for determining when a position is likely to be difficult to fill is the availability and quality of candidates possessing the competencies required for the position, including the success of recent efforts to recruit candidates for “the position or similar positions.” The language in the interim regulations stated only the success of recent efforts to recruit candidates for “similar positions.” • Revising § 575.207(b)(1) to clarify an authorized agency official must review and approve a relocation incentive determination before paying the incentive to the employee. • Revising § 575.210(e) by removing the words “agree to” in the second sentence so that the language is parallel to § 575.110(e) of the recruitment incentive regulations. Comments Applicable to Retention Incentives Group Retention Incentives (§ 575.309(a)(2)) An agency recommended that the limit on an agency's authority to approve group retention incentives under § 575.309(a)(2) be raised from 10 percent to 25 percent. The agency stated with the increase in the maximum retention incentive amount from 25 to 50 percent, it would be appropriate to raise the agency authority to approve group retention incentives from the current 10 percent to 25 percent. We do not agree. The 10 percent limitation on an agency's authority to approve group retention incentives is provided by statute at 5 U.S.C. 5754(e)(1)(B). The law requires OPM approval of group retention incentives in excess of 10 percent. (See 5 U.S.C. 5754(f).) Computing Lump-Sum Retention Incentives (§ 575.309(d)) An agency recommended the regulations describe how to calculate the total basic pay earned during a full service period for the purpose of calculating a retention incentive paid at the end of the service period. We are adding an example to § 575.309(d) that shows how to compute a retention incentive for the full period of service under a service agreement (including the total amount of basic pay earned during the full period of service) consistent with the example in § 575.309(c)(1). Grandfathered Retention Allowances (§ 575.314) An individual requested clarification on why an agency would not renew or continue a retention allowance that was originally authorized before May 2005 after the issuance of the new retention incentive regulations. The commenter observed that terminating retention allowances seems counterproductive to the purpose of the allowances which is to recruit and retain persons with unique skills. Under section 101(d)(3) of Public Law 108-411 and § 575.314 of the regulations, retention allowances authorized before May 1, 2005, were required to continue to be paid until the allowance was reauthorized or terminated, but not later than April 30, 2006. Agencies were required to pay such grandfathered retention allowances subject to regulations applicable to retention allowances before May 1, 2005. Under the former retention allowance regulations, agencies had the flexibility to terminate retention allowances if a retention allowance was not needed to retain the employee, labor-market factors made it more likely to recruit a candidate with the qualifications possessed by the employee, the agency's need for the employee's services was reduced to a level that made paying an allowance unnecessary, or budgetary considerations made it difficult to continue paying the allowance. When a grandfathered retention allowance was terminated, an agency could have authorized a new retention incentive in its place under the conditions described in 5 CFR part 575, subpart C, as in effect starting on May 13, 2005. Any decision to terminate a grandfathered retention allowance before April 30, 2006 (the required termination date under the statute), and whether to replace that allowance with a new retention incentive was subject to agency discretion based on the needs of the agency and the requirements of the retention incentive law and regulations. We note that, by law, all grandfathered retention allowances should have been terminated by April 30, 2006. Additional Changes We are making the following additional changes to the retention incentive regulations to correct technical errors and make minor clarifications: • Revising § 575.307(a)(6)(iii) to remove the requirement that agency retention incentive plans address the obligations of an employee if an agency terminates a service agreement. Because retention incentive payments are not paid in advance of an employee fulfilling the period of service attributable to the payments, employees do not have repayment obligations if a service agreement is terminated. • Revising § 575.307(b)(1) to clarify an authorized agency official must review and approve each retention incentive before paying an incentive to an employee. • Revising the examples in § 575.309(c)(1) and (c)(2) to clarify how the amount of pay an employee earned during the service period is computed. • Revising § 575.311 to clarify and make consistent the conditions under which agencies have the discretion and are required to terminate a retention incentive paid under a service agreement and a retention incentive paid without a service agreement. We also are adding a new paragraph to this section to clarify how to compute retention incentive payments that may be owed to an employee for completed service if an agency terminates a retention incentive service agreement. Finally, a number of commenters noted that the reference to paragraph
(g)in § 575.310(a) should be changed to paragraph (f). This error was corrected in the **Federal Register** notice published on December 19, 2005 (70 FR 74995). Miscellaneous Changes to Other Regulations Commenters noted incorrect references to the special rate regulations (5 CFR part 530, subpart C) in the aggregate limitation on pay (5 CFR part 530, subpart B), supervisory differential (5 CFR part 575, subpart D), and extended assignment incentive (5 CFR part 575, subpart E) regulations. A commenter also noted an incorrect reference to the prevailing rate night differential authority at 5 U.S.C. 5343(f) in the supervisory differential regulations. These references are corrected in these final regulations. We are revising the definition of *discretionary payment* in the aggregate limitation on pay regulations at § 530.202 to remove “extended assignment incentives” as an example of a discretionary payment, consistent with the removal of retention incentives as an example of a discretionary payment in the interim regulations. We also are clarifying the definition to provide payments that are authorized to an employee under the terms of a service agreement are not discretionary payments. Also, to conform with the new §§ 575.111(h) and 575.211(h) and OPM's authority in 5 U.S.C. 5757(f) to prescribe regulations on an employee's entitlement to retain extended assignment incentive payments when an agreement is canceled, these final regulations add a new § 575.513(g) to the extended assignment incentive regulations to provide an authorized agency official with the authority to waive the requirement under § 575.513(b) and (c)(1) to repay excess extended assignment incentive payments if an extended assignment incentive service agreement is terminated when collection of the excess amount would be against equity and good conscience and not in the best interest of the United States. We are removing the reference to 5 U.S.C. 5584 in § 575.513(c)(1) as the authority for waiving recovery of such excess payments. 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 because they will apply only to Federal agencies and employees. List of Subjects in 5 CFR 530 and 575 Government employees, Reporting and recordkeeping requirements, Wages. Office of Personnel Management Linda M. Springer, Director. Accordingly, OPM amends 5 CFR parts 530 and 575 as follows: PART 530—PAY RATES AND SYSTEMS (GENERAL) 1. The authority citation for part 530 continues to read as follows: Authority: 5 U.S.C. 5305 and 5307; subpart C also issued under 5 U.S.C. 5338 and sec. 4 of the Performance Management and Recognition System Termination Act of 1993 (Pub. L. 103-89), 107 Stat. 981. Subpart B—Aggregate Limitation on Pay 2. In § 530.202, revise the first sentence in the definition of *basic pay* and the definition of *discretionary payment* to read as follows: § 530.202 Definitions. *Basic pay* means the total amount of pay received at a rate fixed by law or administrative action for the position held by an employee, including any special rate under 5 CFR part 530, subpart C, or any locality-based comparability payment under 5 CFR part 531, subpart F, or other similar payment under other legal authority, before any deductions. * * * *Discretionary payment* means a payment an agency has discretion to make to an employee. Payments that are authorized to be made to an employee under the terms of a service agreement or preauthorized to be made to an employee at a regular fixed rate each pay period are not *discretionary payments.* PART 575—RECRUITMENT, RELOCATION, AND RETENTION INCENTIVES; SUPERVISORY DIFFERENTIALS; AND EXTENDED ASSIGNMENT INCENTIVES 3. The authority citation for part 575 continues to read as follows: Authority: 5 U.S.C. 1104(a)(2) and 5307; subparts A and B also issued under 5 U.S.C. 5753 and sec. 101 of the Federal Workforce Flexibility Act of 2004, Public Law 108-411, 118 Stat. 2305; subpart C also issued under 5 U.S.C. 5754 and sec. 101 of the Federal Workforce Flexibility Act of 2004, Public Law 108-411, 118 Stat. 2305; subpart D also issued under 5 U.S.C. 5755; subpart E also issued under 5 U.S.C. 5757 and sec. 207 of Public Law 107-273, 116 Stat. 1780. Subpart A—Recruitment Incentives 4. In § 575.102— A. Revise the definition of *employee,* B. Remove the definition of *employee of the Federal Government,* C. Add a new definition of *Federal Government,* and D. Revise paragraphs
(2)and
(3)in the definition of *newly appointed.* The revisions and addition read as follows: § 575.102 Definitions. *Employee* has the meaning given that term in 5 U.S.C. 2105, except that the term also includes an employee described in 5 U.S.C. 2105(c). For the purpose of determining whether an individual was an employee of the Federal Government during the 90-day period referred to in the definition of *newly appointed, employee* also includes an employee described in 5 U.S.C. 2105(e). For the purpose of § 575.109(d), an *employee* means an individual not yet employed who has received a written offer to be newly appointed or reappointed and has signed the written service agreement required by § 575.110 before payment of the recruitment incentive. *Federal Government* means all entities of the Government of the United States, including the United States Postal Service and the Postal Regulatory Commission. *Newly appointed* refers to—* * *
(2)An appointment of a former employee of the Federal Government following a break in Federal Government service of at least 90 days; or
(3)An appointment of an individual in the Federal Government when his or her service in the Federal Government during the 90-day period immediately preceding the appointment was limited to one or more of the following:
(i)A time-limited appointment in the competitive or excepted service;
(ii)A non-permanent appointment (excluding a Schedule C appointment under 5 CFR part 213) in the competitive or excepted service;
(iii)Employment with the government of the District of Columbia
(DC)when the candidate was first appointed by the DC government on or after October 1, 1987;
(iv)An appointment as an expert or consultant under 5 U.S.C. 3109 and 5 CFR part 304;
(v)Employment under a provisional appointment designated under 5 CFR 316.403; or
(vi)Employment under the Student Career Experience Program under 5 CFR 213.3202(b). 5. In § 575.103— A. Redesignate paragraphs
(a)through
(g)as paragraphs (a)(1) through (a)(7), respectively, B. Designate the introductory sentence as paragraph
(a)introductory text and revise it, and C. Add a new paragraph (b). The revision and addition read as follows: § 575.103 Eligible categories of employees.
(a)Except as provided in § 575.104, an Executive agency may pay a recruitment incentive to an employee appointed or placed in the following categories of positions:
(b)Except as provided in § 575.104, a legislative agency may pay a recruitment incentive to an employee appointed or placed in a General Schedule position paid under 5 U.S.C. 5332 or 5305 (or similar special rate authority). 6. In § 575.105, add a new paragraph
(c)to read as follows: § 575.105 Applicability to employees.
(c)An agency may not commence a recruitment incentive service agreement during—
(1)A period of employment established under any service agreement required for a relocation incentive under 5 CFR part 575, subpart B, or
(2)A period of employment established under any service agreement required for a retention incentive or for which an employee receives retention incentive payments without a service agreement under 5 CFR part 575, subpart C. 7. In § 575.106, revise paragraph (b)(1) to read as follows: § 575.106 Authorizing a recruitment incentive.
(b)* * *
(1)The availability and quality of candidates possessing the competencies required for the position, including the success of recent efforts to recruit candidates for the position or similar positions using indicators such as offer acceptance rates, proportion of positions filled, and the length of time required to fill similar positions; 8. In § 575.107, revise paragraphs (a)(1) and (b)(1) to read as follows: § 575.107 Agency recruitment incentive plan and approval levels.
(a)* * *
(1)The designation of officials with authority to review and approve payment of recruitment incentives (subject to paragraph
(b)of this section), including the circumstances under which an official has the authority to approve payment without higher-level approval under paragraph (b)(2) of this section, and the designation of officials with authority to waive the repayment of a recruitment incentive under § 575.111(h); (b)(1) Except as provided in paragraph (b)(2) of this section, an authorized agency official who is at least one level higher than the employee's supervisor must review and approve each determination to pay a recruitment incentive to a newly appointed employee, unless there is no official at a higher level in the agency. The authorized agency official must review and approve the recruitment incentive determination before the agency may pay the incentive to the employee. 9. In § 575.111— A. Revise the first sentence and the last sentence in paragraph (f), B. Remove the last sentence in paragraph (g), and C. Add new paragraphs (h), (i), and (j). The revision and additions read as follows: § 575.111 Termination of a service agreement.
(f)Except as provided in paragraph
(j)of this section, if an authorized agency official terminates a service agreement under paragraph
(b)of this section, the employee is entitled to retain recruitment incentive payments previously paid by the agency that are attributable to the completed portion of the service period. * * * If the employee received recruitment incentive payments in excess of the amount that would be attributable to the completed portion of the service period, he or she must repay the excess amount, except when an authorized agency official waives the requirement to repay the excess amount under paragraph
(h)of this section.
(h)If an employee received recruitment incentive payments in excess of the amount that would be attributable to the completed portion of the service period under paragraph
(f)of this section, an authorized agency official may waive the requirement to repay the excess amount when, in the judgment of the official, collection of the excess amount would be against equity and good conscience and not in the best interest of the United States.
(i)The full amount of the authorized recruitment incentive must be prorated across the length of the service period to determine the amount of the recruitment incentive attributable to completed service and uncompleted service under this section.
(j)Notwithstanding paragraph
(f)of this section, if an agency terminates a service agreement under paragraph
(b)of this section when an employee is separated as a result of material false or inaccurate statements or deception or fraud in examination or appointment, or as a result of failing to meet employment qualifications, the employee must repay all recruitment incentive payments received under that service agreement. Subpart B—Relocation Incentives 10. In § 575.202— A. Revise the definition of *employee,* B. Remove the definition of *employee of the Federal Government,* and C. Add a new definition of *Federal Government.* The revision and addition read as follows: § 575.202 Definitions. *Employee* has the meaning given that term in 5 U.S.C. 2105, except that the term also includes an employee described in 5 U.S.C. 2105(c). For the purpose of determining whether an individual had status as an employee of the Federal Government immediately prior to the relocation (i.e., in § 575.205(a)(2)), *employee* also includes an employee described in 5 U.S.C. 2105(e). *Federal Government* means all entities of the Government of the United States, including the United States Postal Service and the Postal Regulatory Commission. 11. In § 575.203— A. Redesignate paragraphs
(a)through
(g)as paragraphs (a)(1) through (a)(7), respectively, B. Designate the introductory sentence as paragraph
(a)introductory text and revise it, and C. Add a new paragraph (b). The revision and addition read as follows: § 575.203 Eligible categories of employees.
(a)Except as provided in § 575.204, an Executive agency may pay a relocation incentive to an employee in the following categories of positions:
(b)Except as provided in § 575.204, a legislative agency may pay a relocation incentive to an employee in a General Schedule position paid under 5 U.S.C. 5332 or 5305 (or similar special rate authority). 12. In § 575.205, revise paragraph
(a)and add new paragraphs
(d)and
(e)to read as follows: § 575.205 Applicability to employees.
(a)An agency may pay a relocation incentive under the conditions prescribed in this subpart to an employee who—
(1)Relocates to a different geographic area (permanently or temporarily) to accept a position listed in § 575.203 in an agency when the position is likely to be difficult to fill, as determined under § 575.206; and
(2)Is an employee of the Federal Government immediately before the relocation.
(d)An agency may not commence a relocation incentive service agreement during—
(1)A period of employment established under any service agreement required for a recruitment incentive under 5 CFR part 575, subpart A, or
(2)A period of employment established under any service agreement required for a relocation incentive previously authorized under this subpart.
(e)An agency may commence a relocation incentive service agreement during a period of employment established under a service agreement for a previously authorized retention incentive or for which an employee is receiving previously authorized retention incentive payments without a service agreement under 5 CFR part 575, subpart C. The service period under such a relocation incentive service agreement and the service period required by the retention incentive service agreement, if applicable, must be fulfilled concurrently. 13. In § 575.206, revise paragraphs (a)(4) and (b)(1) to read as follows: § 575.206 Authorizing a relocation incentive.
(a)* * *
(4)Request a waiver from OPM of the limitation on the maximum amount of a relocation incentive under § 575.209(c); and
(b)* * *
(1)The availability and quality of candidates possessing the competencies required for the position, including the success of recent efforts to recruit candidates for the position or similar positions using indicators such as offer acceptance rates, proportion of positions filled, and the length of time required to fill similar positions; 14. In § 575.207, revise paragraphs (a)(1) and (b)(1) to read as follows: § 575.207 Agency relocation incentive plan and approval levels.
(a)* * *
(1)The designation of officials with authority to review and approve payment of relocation incentives (subject to paragraph
(b)of this section) and the designation of officials with authority to waive the repayment of a relocation incentive under § 575.211(h); (b)(1) Except as provided in paragraph (b)(2) of this section, an authorized agency official who is at least one level higher than the employee's supervisor must review and approve each determination to pay a relocation incentive, unless there is no official at a higher level in the agency. The authorized agency official must review and approve the relocation incentive determination before the agency pays the incentive to the employee. 15. In § 575.210(e), revise the second sentence to read as follows: § 575.210 Service agreement requirements.
(e)* * * The service agreement must specify the effect of the termination under § 575.211, including the conditions under which the agency will pay an additional relocation incentive payment for partially completed service under § 575.211(e) and (f). 16. In § 575.211— A. Revise the last sentence in paragraph (f), B. Remove the last sentence in paragraph (g), and C. Add new paragraphs
(h)and (i). The revision and additions read as follows: § 575.211 Termination of a service agreement.
(f)* * * If the employee received relocation incentive payments in excess of the amount that would be attributable to the completed portion of the service period, he or she must repay the excess amount, except when an authorized agency official waives the requirement to repay the excess amount under paragraph
(h)of this section.
(h)If an employee received relocation incentive payments in excess of the amount that would be attributable to the completed portion of the service period under paragraph
(f)of this section, an authorized agency official may waive the requirement to repay the excess amount when, in the judgment of the official, collection of the excess amount would be against equity and good conscience and not in the best interest of the United States.
(i)The full amount of the authorized relocation incentive must be prorated across the length of the service period to determine the amount of the relocation incentive attributable to completed service and uncompleted service under this section. Subpart C—Retention Incentives 17. In § 575.303— A. Redesignate paragraphs
(a)through
(g)as paragraphs (a)(1) through (a)(7), respectively, B. Designate the introductory sentence as paragraph
(a)introductory text and revise it, and C. Add a new paragraph (b). The revision and addition read as follows: § 575.303 Eligible categories of employees.
(a)Except as provided in § 575.304, an Executive agency may pay a retention incentive to a current employee who holds—
(b)Except as provided in § 575.304, a legislative agency may pay a retention incentive to a current employee who holds a General Schedule position paid under 5 U.S.C. 5332 or 5305 (or similar special rate authority). 18. In § 575.307, revise paragraph (a)(6)(iii) and add a new sentence at the end of paragraph (b)(1) to read as follows: § 575.307 Agency retention incentive plan and approval levels.
(a)* * *
(6)* * *
(iii)The obligations of the agency if the agency terminates a service agreement; and (b)(1) * * * The authorized agency official must review and approve the retention incentive determination before the agency pays the incentive to the employee. 19. In § 575.309— A. Revise the fourth sentence in paragraph (c)(1) and the fourth sentence in paragraph (c)(2), B. Add four new sentences at the end of paragraph (d), and C. Revise paragraph (g). The revisions and additions read as follows: § 575.309 Payment of retention incentives. (c)(1) * * * The employee earns $15,000 during the 6 pay periods of service ($2,500 biweekly rate of basic pay × 6). * * *
(2)* * * The employee earns $15,000 during the 6 pay periods of service ($2,500 biweekly rate of basic pay × 6). * * *
(d)* * * For example, an agency establishes a retention incentive percentage rate of 10 percent for an employee. The employee has a service agreement that provides for a single lump-sum retention incentive payment after completion of the full service period required by the service agreement (i.e., 26 pay periods). The employee earns $65,000 during the 26 pay periods of service ($2,500 biweekly rate of basic pay x 26). Upon completion of the full service period, the employee will receive a single lump-sum retention incentive payment of $6,500 ($65,000 × .10).
(g)An agency may not commence a group or individual retention incentive service agreement or provide a group or individual retention incentive without a service agreement under § 575.310(f) for any biweekly pay period during—
(1)A period of employment established under any service agreement required for the payment of a recruitment incentive under 5 CFR part 575, subpart A, or a relocation incentive under 5 CFR part 575, subpart B, (see 5 CFR 575.205(e) regarding the authority to commence a relocation incentive service agreement during a period of employment established under a service agreement for a previously authorized retention incentive or for which an employee is receiving previously authorized retention incentive payments without a service agreement); or
(2)A period of employment established under a service agreement for a previously authorized retention incentive or for which an employee is receiving a previously authorized retention incentive without a service agreement under § 575.310(f) (including a group retention incentive with or without a service agreement). 20. Revise § 575.311 to read as follows: § 575.311 Continuation, reduction, and termination of retention incentives. (a)(1) An authorized agency official must terminate a retention incentive service agreement when conditions change such that the original determination to pay the retention incentive no longer applies (e.g., when the agency assigns the employee to a different position that is not within the terms of the service agreement) or when payment is no longer warranted after considering factors such as—
(i)Whether a retention incentive is needed to retain the employee (or group of employees),
(ii)Whether labor-market factors make it more likely (or reasonably likely) to recruit a candidate with competencies similar to those possessed by the employee (or group of employees), or
(iii)Whether the agency's need for the services of the employee (or group or category of employees) has been reduced to a level that makes it unnecessary to continue paying a retention incentive.
(2)An authorized agency official may terminate unilaterally a retention incentive service agreement based solely on the management needs of the agency, even if the conditions giving rise to the original determination to pay the incentive still exist. For example, an agency may terminate a service agreement when there are insufficient funds to continue the planned retention incentive payments.
(b)An authorized agency official must terminate a retention incentive service agreement when—
(1)The employee is demoted or separated for cause (i.e., for unacceptable performance or conduct);
(2)The employee receives a rating of record (or an official performance appraisal or evaluation under a system not covered by 5 U.S.C. chapter 43 or 5 CFR part 430) of less than “Fully Successful” or equivalent; or
(3)The employee otherwise fails to fulfill the terms of the service agreement.
(c)If an authorized agency official terminates a service agreement under paragraph
(a)of this section, the employee is entitled to retain any retention incentive payments that are attributable to completed service and to receive any portion of a retention incentive payment owed by the agency for completed service.
(d)If an authorized agency official terminates a service agreement under paragraph
(b)of this section, the employee is entitled to retain retention incentive payments previously paid by the agency that are attributable to the completed portion of the service period. If the employee received retention incentive payments that are less than the amount that would be attributable to the completed portion of the service period, the agency is not obligated to pay the employee the amount attributable to completed service, unless the agency agreed to such payment under the terms of the retention incentive service agreement.
(e)To determine the amount of retention incentive payments that may be owed to an employee for completed service under paragraphs
(c)and
(d)of this section, multiply the total rate of basic pay the employee earned during the completed portion of the service period by the retention incentive percentage rate established for the employee under § 575.309(a) and subtract the amount of retention incentive payments already paid to the employee from this product. The difference is the amount owed to the employee for completed service. (f)(1) For retention incentives that are paid when no service agreement is required under § 575.310(f), an agency must review each determination to pay the incentive at least annually to determine whether payment is still warranted. An authorized agency official must certify this determination in writing.
(2)An agency may continue paying a retention incentive to an employee when no service agreement is required as long as the conditions giving rise to the original determination to pay the incentive still exist.
(3)An authorized agency official must reduce or terminate a retention incentive authorization when no service agreement is required whenever conditions change such that the original determination to pay the retention incentive no longer applies (e.g., when the agency assigns the employee to a different position that is not within the terms of the original determination) or when payment is no longer warranted at the level originally approved or at all after considering factors such as—
(i)Whether a lesser amount (or none at all) would be sufficient to retain the employee (or group or category of employees);
(ii)Whether labor-market factors make it more likely (or reasonably likely) to recruit a candidate with competencies similar to those possessed by the employee (or group or category of employees); or
(iii)Whether the agency's need for the services of the employee (or group or category of employees) has been reduced to a level that makes it unnecessary to continue payment at the level originally approved (or at all).
(4)An authorized agency official may terminate unilaterally a retention incentive authorization when no service agreement is required based solely on the management needs of the agency, even if the conditions giving rise to the original determination to pay the incentive still exist. For example, an agency may terminate a retention incentive when there are insufficient funds to continue the planned retention incentive payments.
(5)An authorized agency official must terminate a retention incentive authorization when no service agreement is required when—
(i)The employee is demoted or separated for cause (i.e., for unacceptable performance or conduct), or
(ii)The employee receives a rating of record (or an official performance appraisal or evaluation under a system not covered by 5 U.S.C. chapter 43 or 5 CFR part 430) of less than “Fully Successful” or equivalent.
(g)The termination of a retention incentive service agreement or the reduction or termination of a retention incentive under this section is not grievable or appealable.
(h)If an agency terminates a retention incentive service agreement or reduces or terminates a retention incentive paid without a service agreement under this section, the agency must notify the employee in writing. When a retention incentive is terminated under paragraph
(f)of this section, the employee is entitled to receive any scheduled incentive payments through the end of the pay period in which the written notice is provided or until the date of separation, if sooner. Subpart D—Supervisory Differentials 21. In § 575.402, revise paragraph
(b)to read as follows: § 575.402 Delegation of authority.
(b)A supervisory differential may not be paid on the basis of supervising a civilian employee whose rate of basic pay exceeds the maximum rate of basic pay established for grade GS-15 on the pay schedule applicable to the GS supervisor, including a schedule for any applicable special rate under 5 CFR part 530, subpart C; locality-based comparability payment under 5 CFR part 531, subpart F; or similar payment or supplement under other legal authority. 22. In § 575.403, revise the definition *of rate of basic pay* to read as follows: § 575.403 Definitions. *Rate of basic pay* means the rate of pay fixed by law or administrative action for the position to which the employee is or will be appointed before deductions and including any special rate under 5 CFR part 530, subpart C; locality-based comparability payment under 5 CFR part 531, subpart F; or similar payment or supplement under other legal authority, but excluding additional pay of any other kind. For example, *rate of basic pay* excludes a night differential under 5 U.S.C. 5343(f), an environment differential under 5 U.S.C. 5343(c)(4), or a similar payment under other legal authority. 23. Revise § 575.405(d)(1) to read as follows: § 575.405 Calculation and payment of supervisory differential.
(d)* * *
(1)Basic pay, excluding a night or environmental differential under 5 U.S.C. 5343(f) or 5343(c)(4), respectively, or similar payment under other legal authority; Subpart E—Extended Assignment Incentives 24. In § 575.502, revise the first sentence in the definition of *rate of basic pay* to read as follows: § 575.502 Definitions. *Rate of basic pay* means the rate of pay fixed by law or administrative action for the position held by an employee, including any special rate under 5 CFR part 530, subpart C; locality-based comparability payment under 5 CFR part 531, subpart F; or similar payment under other legal authority, but before deductions and exclusive of additional pay of any other kind. * * * 25. In § 575.513— A. Revise paragraph
(b)introductory text, B. Revise paragraph (c)(1), C. Remove the last sentence in paragraph (f), and D. Add a new paragraph (g). The revisions and addition read as follows: § 575.513 What are the agency's and the employee's obligations when an employee fails to fulfill the terms of a service agreement?
(b)Except as provided in paragraph
(g)of this section, an employee is indebted to the Federal Government and must repay the paying agency for an appropriate portion of an extended assignment incentive received by the employee if— (c)(1) If an employee does not fulfill the terms of a service agreement under the circumstances prescribed in paragraph
(b)of this section and has received incentive payments whose value as a percentage of the planned total sum of incentive payments for the entire service period exceeds the percentage reflecting the portion of the service period completed by the employee, he or she must repay the excess payment and any additional repayment penalty imposed by the agency under paragraph
(e)of this section, except when an authorized agency official waives the requirement to repay the excess amount under paragraph
(g)of this section.
(g)If an employee received extended assignment incentive payments in excess of the amount that would be attributable to the completed portion of the service period under paragraph
(c)of this section, an authorized agency official may waive the requirement to repay the excess amount when, in the judgment of the official, collection of the excess amount would be against equity and good conscience and not in the best interest of the United States. [FR Doc. E7-23411 Filed 11-30-07; 8:45 am] BILLING CODE 6325-39-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28980 Directorate Identifier 2007-CE-071-AD; Amendment 39-15282; AD 2007-25-01] RIN 2120-AA64 Airworthiness Directives; Aircraft Industries, a.s. (Type Certificate No. G24EU Formerly Held by LETECKÉ ZÁVODY a.s. and LET Aeronautical Works) Model L-13 Blanik Gliders AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final Rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: This Airworthiness Directive
(AD)is prompted by the discovery of cracks on L13 BLANIK sailplanes in zones where the forward and aft control sticks are attached to the connecting rod, designated as “control bridge” in the relevant Illustrated Parts Catalogues (IPC). If left uncorrected, cracks could propagate and lead to failure of the connecting rod with subsequent loss of control of the sailplane. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective January 7, 2008. On January 7, 2008, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Greg Davison, Glider Program Manager, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4130; fax:
(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on October 4, 2007 (72 FR 56700). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: This Airworthiness Directive
(AD)is prompted by the discovery of cracks on L13 BLANIK sailplanes in zones where the forward and aft control sticks are attached to the connecting rod, designated as “control bridge” in the relevant Illustrated Parts Catalogues (IPC). If left uncorrected, cracks could propagate and lead to failure of the connecting rod with subsequent loss of control of the sailplane. For the reasons described above, this AD requires an inspection of the control bridge to detect cracks and replacement, if necessary. In addition, this AD requires an update of the aircraft Maintenance Manual
(MM)to incorporate repetitive inspections of the control bridge. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect 190 products of U.S. registry. We also estimate that it will take about 2 work-hours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $30,400 or $160 per product. In addition, we estimate that any necessary follow-on actions would take about 7 work-hours and require parts costing $2,000, for a cost of $2,560 per product. We have no way of determining the number of products that may need these actions. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ** 2007-25-01 Aircraft Industries, a.s. (Type Certificate No. G24EU formerly held by Letecke Za vody a.s. and LET Aeronautical Works): ** Amendment 39-15282; Docket No. FAA-2007-28980; Directorate Identifier 2007-CE-071-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective January 7, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Model L-13 Blanik gliders, all serial numbers, certificated in any category. Subject
(d)Air Transport Association of America
(ATA)Code 27: Flight Controls. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: This Airworthiness Directive
(AD)is prompted by the discovery of cracks on L13 Blanik sailplanes in zones where the forward and aft control sticks are attached to the connecting rod, designated as “control bridge” in the relevant Illustrated Parts Catalogues (IPC). If left uncorrected, cracks could propagate and lead to failure of the connecting rod with subsequent loss of control of the sailplane. For the reasons described above, this AD requires an inspection of the control bridge to detect cracks and replacement, if necessary. In addition, this AD requires an update of the aircraft Maintenance Manual
(MM)to incorporate repetitive inspections of the control bridge. Actions and Compliance
(f)Unless already done, do the following actions:
(1)Within the next 3 months after January 7, 2008 (the effective date of this AD) and repetitively thereafter at intervals not to exceed 12 months, inspect the control bridge for cracks. Follow the procedures in LET Aircraft Industries, a.s. Mandatory Bulletin MB No.: L13 / 105a, dated May 22, 2007, except use a 10X magnifier and do a dye penetrant inspection following the procedures in chapter 5, section 5, of FAA Advisory Circular AC 43.13-1B CHG 1, dated September 27, 2001.
(2)If cracks are found during any inspection in paragraph (f)(1) of this AD, before further flight, install a new control bridge Dwg. No. (part number (P/N)) A740 370 N or Dwg. No. (P/N) A401 001N following the procedures in LET Aircraft Industries, a.s. Mandatory Bulletin MB No.: L13 / 105a, dated May 22, 2007. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows:
(1)The service information requires a visual inspection with a 6X magnifier. We are requiring a dye penetrant inspection and a 10X magnifier to detect cracks that could go undetected using only a 6X magnifier.
(2)The MCAI requires updating the maintenance manuals to add “type A based” repetitive inspections of the control bridge. Since the maintenance manual is only one way of establishing a maintenance program, the only way we can mandate these repetitive inspections is through an AD action. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Greg Davison, Glider Program Manager, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4130; fax:
(816)329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI European Aviation Safety Agency
(EASA)AD No. 2007-0212, dated August 7, 2007; and LET Aircraft Industries, a.s. Mandatory Bulletin MB No.: L13 / 105a, dated May 22, 2007, for related information. Material Incorporated by Reference
(i)You must use LET Aircraft Industries, a.s. Mandatory Bulletin MB No.: L13 / 105a, dated May 22, 2007, to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact Aircraft Industries, a.s., Na Záhonech 1177, 686 04 Kunovice, Czech Republic; phone: +420 572 817 660; fax: +420 572 816 112; e-mail: *ots@let.cz.*
(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html* . Issued in Kansas City, Missouri, on November 23, 2007. Steven W. Thompson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-23222 Filed 11-30-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27532 Directorate Identifier 2007-CE-021-AD; Amendment 39-15281; AD 2007-24-15] RIN 2120-AA64 Airworthiness Directives; Piaggio Aero Industries S.p.A. Model P-180 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final Rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: One P 180 aircraft experienced a jamming of its longitudinal flight control cables. Investigations revealed that its fuselage drain holes were plugged, and water was trapped in the lower fuselage. As a consequence of plugged drain holes, water can accumulate and freeze when the aircraft reaches and holds altitudes where temperature is below the freezing point. If not corrected this may cause the loss of control of the airplane. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective January 7, 2008. On January 7, 2008 the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106-; telephone:
(816)329-4145; fax:
(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on October 12, 2007 (72 FR 58028). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: One P 180 aircraft experienced a jamming of its longitudinal flight control cables. Investigations revealed that its fuselage drain holes were plugged, and water was trapped in the lower fuselage. As a consequence of plugged drain holes, water can accumulate and freeze when the aircraft reaches and holds altitudes where temperature is below the freezing point. If not corrected this may cause the loss of control of the airplane. The aim of this Airworthiness Directive
(AD)is to check for proper operation, fuselage drain holes and the passenger evaporator drain line and to introduce a temporary revision of the Aircraft Maintenance Manual (AMM). Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect 60 products of U.S. registry. We also estimate that it will take about 5 work-hours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $24,000 or $400 per product. In addition, we estimate that any necessary follow-on actions would take about 13 work-hours and require parts costing $125, for a cost of $1,165 per product. We have no way of determining the number of products that may need these actions. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-24-15 Piaggio Aero Industries S.p.A.:** Amendment 39-15281; Docket No. FAA-2007-27532; Directorate Identifier 2007-CE-021-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective January 7, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to model P-180 airplanes, serial numbers 1004 through 1112, certificated in any category. Subject
(d)Air Transport Association of America
(ATA)Code 53: Fuselage. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: One P 180 aircraft experienced a jamming of its longitudinal flight control cables. Investigations revealed that its fuselage drain holes were plugged, and water was trapped in the lower fuselage. As a consequence of plugged drain holes, water can accumulate and freeze when the aircraft reaches and holds altitudes where temperature is below the freezing point. If not corrected this may cause the loss of control of the airplane. The aim of this Airworthiness Directive
(AD)is to check for proper operation, fuselage drain holes and the passenger evaporator drain line and to introduce a temporary revision of the Aircraft Maintenance Manual (AMM). Actions and Compliance
(f)Unless already done, at the next scheduled maintenance inspection or within 1 month after the effective date of this AD, whichever occurs later, do the following actions:
(1)Inspect fuselage drain holes and the passenger evaporator drain line for proper operation and do all the necessary corrective actions, following the accomplishment instructions of the Piaggio Aero Industries S.p.A. Mandatory SB-80-0220, dated August 8, 2006.
(2)Incorporate into your maintenance program the following PIAGGIO P.180 AVANTI/AVANTI II MAINTENANCE MANUAL
(AMM)sections, which are included in Piaggio Aero Industries S.p.A. Mandatory SB-80-0220, dated August 8, 2006:
(i)AMM Chapter 12-24-02 Exterior Cleaning—Maintenance Practices
(ii)AMM Chapter 51-25-00 Processes—Stripping and Painting
(iii)AMM Chapter 53-00-00 Fuselage—Maintenance Practices
(3)Replace/add the following pages of the AMM that are included in Piaggio Aero Industries S.p.A. Mandatory SB-80-0220, dated August 8, 2006:
(i)replace: AMM Chapter 12-24-02, pages 201/202
(ii)replace: AMM Chapter 51-25-00, pages 5/6
(iii)replace: AMM Chapter 53-00-00, pages 203/204
(iv)add: AMM Chapter 53-00-00, pages 205/206 FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4145; fax:
(816)329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI EASA AD No. 2007-0031, dated February 9, 2007; and Piaggio Aero Industries S.p.A. Mandatory SB-80-0220, dated August 8, 2006, for related information. Material Incorporated by Reference You must use Piaggio Aero Industries S.p.A. Mandatory SB-80-0220, dated August 8, 2006, to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact PIAGGIO AERO INDUSTRIES S.p.A, Via Cibrario 4, 16154 Genoa, Italy; telephone: +39 010 6481 856; facsimile: +39 010 6481 374.
(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html* . Issued in Kansas City, Missouri, on November 23, 2007. Steven W. Thompson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-23227 Filed 11-30-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0269; Directorate Identifier 2007-NM-158-AD; Amendment 39-15287; AD 2007-25-05] RIN 2120-AA64 Airworthiness Directives; Airbus Model A330 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: It has been discovered that a batch of sleeves and pins of the Rolls-Royce Trent 700 Thrust Reverser Unit
(TRU)hinge n° [number] 5 has not been subjected to the correct precipitation hardening. This production quality issue, if not corrected, can lead to the complete failure of the hinge n° 5—the remaining hinges may not sustain ultimate load—resulting in the worst case to the TRU release from the pylon, which constitutes an unsafe condition. The degradation of the mechanical specifications of these parts puts into question the current design life goal of these parts. * * * The unsafe condition is possible detachment of the thrust reverser unit from the airplane, which could result in reduced controllability and possible damage to the airplane. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective December 18, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication, listed in the AD as of December 18, 2007. We must receive comments on this AD by January 2, 2008. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:*
(202)493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue, SE., Washington, Docket Operations office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is in the ADDRESSES section. FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-2797; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2007-0166, dated June 15, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: It has been discovered that a batch of sleeves and pins of the Rolls-Royce Trent 700 Thrust Reverser Unit
(TRU)hinge n° [number] 5 has not been subjected to the correct precipitation hardening. This production quality issue, if not corrected, can lead to the complete failure of the hinge n° 5—the remaining hinges may not sustain ultimate load—resulting in the worst case to the TRU release from the pylon, which constitutes an unsafe condition. The degradation of the mechanical specifications of these parts puts into question the current design life goal of these parts. Consequently, the 2/2 sleeve and affected pin on the TRU hinge n° 5 must be removed from service by means of this AD. The unsafe condition is possible detachment of the thrust reverser unit from the airplane, which could result in reduced controllability and possible damage to the airplane. The corrective action is removing the affected sleeves and pins and replacing them with new, properly hardened sleeves and pins. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Airbus has issued Service Bulletin A330-78-3017, Revision 01, dated May 3, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. There are no products of this type currently registered in the United States. However, this rule is necessary to ensure that the described unsafe condition is addressed if any of these products are placed on the U.S. Register in the future. Differences Between the AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD. FAA's Determination of the Effective Date Since there are currently no domestic operators of this product, notice and opportunity for public comment before issuing this AD are unnecessary. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-0269; Directorate Identifier 2007-NM-158-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-25-05 Airbus:** Amendment 39-15287. Docket No. FAA-2007-0269; Directorate Identifier 2007-NM-158-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective December 18, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Airbus Model A330-243, -341, -342, and -343 airplanes, certificated in any category, all serial numbers, except those on which Airbus modification 56129 has been embodied in production or Airbus Service Bulletin A330-78-3017 has been embodied in service. Subject
(d)Air Transport Association
(ATA)of America Code 78: Engine Exhaust. Reason
(e)The mandatory continued airworthiness information
(MCAI)states: It has been discovered that a batch of sleeves and pins of the Rolls-Royce Trent 700 Thrust Reverser Unit
(TRU)hinge n° [number] 5 has not been subjected to the correct precipitation hardening. This production quality issue, if not corrected, can lead to the complete failure of the hinge n° 5—the remaining hinges may not sustain ultimate load—resulting in the worst case to the TRU release from the pylon, which constitutes an unsafe condition. The degradation of the mechanical specifications of these parts puts into question the current design life goal of these parts. Consequently, the 2/2 sleeve and affected pin on the TRU hinge n° 5 must be removed from service by means of this AD. The unsafe condition is possible detachment of the thrust reverser unit from the airplane, which could result in reduced controllability and possible damage to the airplane. The corrective action is removing the affected sleeves and pins and replacing them with new, properly hardened sleeves and pins. Actions and Compliance
(f)Within 13 months after the effective date of this AD, unless already done, do the following actions, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-78-3017, Revision 01, dated May 3, 2007. Actions done before the effective date of this AD in accordance with Airbus Service Bulletin A330-78-3017, dated January 24, 2007, are considered acceptable for compliance with this paragraph.
(1)Replace all sleeves of the thrust reverser unit hinge number 5 (left- and right-hand (LH and RH)) with new, properly hardened sleeves.
(2)Identify and replace all affected pins of the thrust reverser unit hinge number 5 (LH and RH) with new, properly hardened pins. FAA AD Differences Note 1: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Tim Backman, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
(425)227-2797; fax
(425)227-1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to Mandatory Continuing Airworthiness Information
(MCAI)EASA Airworthiness Directive 2007-0166, dated June 15, 2007; Airbus Service Bulletin A330-78-3017, dated January 24, 2007; Airbus Service Bulletin A330-78-3017, Revision 01, dated May 3, 2007; and Rolls-Royce Alert Service Bulletin RB.211-78-AF273, dated January 2, 2007, for related information. Material Incorporated by Reference
(i)You must use Airbus Service Bulletin A330-78-3017, Revision 01, dated May 3, 2007, to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call
(202)741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html* . Issued in Renton, Washington, on November 23, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-23343 Filed 11-30-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0268; Directorate Identifier 2007-NM-129-AD; Amendment 39-15286; AD 2007-25-04] RIN 2120-AA64 Airworthiness Directives; Fokker Model F27 Mark 050 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: During scheduled MRB (maintenance review board) mid-life X-ray inspections of Fokker 50 (F27 Mark 050) engine mount frames, severe internal corrosion of the tubes was discovered. In some locations, the depth of the corrosion spots appeared to be more than 50 percent of material thickness. * * * This condition, if not corrected, could ultimately lead to failure of the engine mounting frame in cases where multiple tubes are severely affected. * * * This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective December 18, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication, listed in the AD as of December 18, 2007. We must receive comments on this AD by January 2, 2008. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* . Follow the instructions for submitting comments. • *Fax:*
(202)493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue, SE., Washington, Docket Operations office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is in the ADDRESSES section. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1137; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion The Civil Aviation Authority—The Netherlands (CAA-NL), which is the aviation authority for the Netherlands, has issued Dutch airworthiness directive NL-2006-005, dated April 13, 2006 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: During scheduled MRB (maintenance review board) mid-life X-ray inspections of Fokker 50 (F27 Mark 050) engine mount frames, severe internal corrosion of the tubes was discovered. In some locations, the depth of the corrosion spots appeared to be more than 50 percent of material thickness. In these cases, Fokker Services advised repair of the affected tubes of the engine mount frames and supplemental inspections. The interior of the tubes and end-fittings of the engine mount frames have been preserved with a film of preservation oil. Premature degradation of this synthetic preservation oil is considered to be the cause of the corrosion. This condition, if not corrected, could ultimately lead to failure of the engine mounting frame in cases where multiple tubes are severely affected. [T]his Airworthiness Directive requires a one-time inspection of the engine mount tubing and end fittings for corrosion, the reporting of the inspection results to Fokker Services and corrective action, as necessary. This is considered to be an interim action; a requirement for a mandatory repetitive inspection will be detailed in a future revision of the MRB document. The corrective action includes contacting the CAA-NL (or its designated agent) for repair instructions and doing repair or replacement of corroded tubes and end fittings of the engine mounting frame. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Fokker Services B.V. has issued Fokker Service Bulletin SBF50-71-047 and Fokker Component Service Bulletin F8200-035-71-12, both dated February 15, 2006. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. There are no products of this type currently registered in the United States. However, this rule is necessary to ensure that the described unsafe condition is addressed if any of these products are placed on the U.S. Register in the future. Differences Between the AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD. FAA's Determination of the Effective Date Since there are currently no domestic operators of this product, notice and opportunity for public comment before issuing this AD are unnecessary. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-0268; Directorate Identifier 2007-NM-129-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-25-04 Fokker Services B.V.:** Amendment 39-15286. Docket No. FAA-2007-0268; Directorate Identifier 2007-NM-129-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective December 18, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Fokker Model F27 Mark 050 airplanes, certificated in any category, all serial numbers, unless the engine mount frames have been inspected previously in accordance with the Fokker 50/60 Maintenance Review Board
(MRB)Document, Task Numbers 712000-00-09 and 712000-00-10. Subject
(d)Air Transport Association
(ATA)of America Code 71: Powerplant. Reason
(e)The mandatory continued airworthiness information
(MCAI)states: During scheduled MRB (maintenance review board) mid-life X-ray inspections of Fokker 50 (F27 Mark 050) engine mount frames, severe internal corrosion of the tubes was discovered. In some locations, the depth of the corrosion spots appeared to be more than 50 percent of material thickness. In these cases, Fokker Services advised repair of the affected tubes of the engine mount frames and supplemental inspections. The interior of the tubes and end-fittings of the engine mount frames have been preserved with a film of preservation oil. Premature degradation of this synthetic preservation oil is considered to be the cause of the corrosion. This condition, if not corrected, could ultimately lead to failure of the engine mounting frame in cases where multiple tubes are severely affected. [T]his Airworthiness Directive requires a one-time inspection of the engine mount tubing and end fittings for corrosion, the reporting of the inspection results to Fokker Services and corrective action, as necessary. This is considered to be an interim action; a requirement for a mandatory repetitive inspection will be detailed in a future revision of the MRB document. The corrective action includes contacting the Civil Aviation Authority—The Netherlands (CAA-NL) (or its designated agent) for repair instructions and repair or replacement of corroded tubes and end fittings of the engine mounting frame. Actions and Compliance
(f)Unless already done, do the following actions.
(1)Within 24 months after the effective date of this AD, perform an X-ray inspection for corrosion on the engine mount tubing and end fittings, in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF50-71-047, dated February 15, 2006.
(2)For any engine mount tubing or end fitting found to be outside the corrosion limits specified in Fokker Service Bulletin SBF50-71-047, dated February 15, 2006, during the inspection required by paragraph (f)(1) of this AD, contact the CAA-NL (or its designated agent) for repair instructions and, before further flight, repair or replace the corroded tubing or fitting.
(3)Within 30 days after the accomplishment of the inspection required by paragraph (f)(1) of this AD or within 30 days after the effective date of this AD, whichever occurs later, and in accordance with the procedure described in the Accomplishment Instructions of Fokker Service Bulletin SBF50-71-047, dated February 15, 2006, report all inspection results to the type certificate holder, Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands.
(4)As of 24 months after the effective date of this AD, no spare engine mount may be installed on any aircraft as a replacement part, unless it has been X-ray inspected in accordance with Section 3 of Fokker Component Service Bulletin F8200-035-71-12, dated February 15, 2006, and the engine mount tubing and end fittings have been found to be within the corrosion limits specified in the service bulletin. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: The MCAI does not specify a corrective action; however, this AD requires contacting the CAA-NL (or its designated agent) for repair instructions, and repair before further flight. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
(425)227-1137; fax
(425)227-1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to Mandatory Continuing Airworthiness Information
(MCAI)Dutch airworthiness directive NL-2006-005, dated April 13, 2006; Fokker Service Bulletin SBF50-71-047, dated February 15, 2006; and Fokker Component Service Bulletin F8200-035-71-12, dated February 15, 2006; for related information. Material Incorporated by Reference
(i)You must use Fokker Service Bulletin SBF50-71-047, dated February 15, 2006; to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands.
(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call
(202)741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on November 23, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-23346 Filed 11-30-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1300 [Docket No. DEA-260F] RIN 1117-AA94 Definition of “Positional Isomer” as It Pertains to the Control of Schedule I Controlled Substances AGENCY: Drug Enforcement Administration (DEA), Department of Justice. ACTION: Final Rule. SUMMARY: On May 25, 2006, DEA published a Notice of Proposed Rulemaking which proposed the addition of a specific definition for the term “positional isomer” to allow for the systematic determination of which isomers of schedule I substances would be considered to be “positional,” and therefore, subject to schedule I control. This rulemaking finalizes that definition. The Controlled Substances Act
(CSA)and its implementing regulations specify which hallucinogenic substances are considered schedule I controlled substances. The CSA states that all salts, isomers, and salts of isomers of these substances are also schedule I controlled substances. In non-technical terms, an isomer of a substance is a different compound, but a compound which has the same number and kind of atoms. The terms “optical isomer” and “geometric isomer” are specific scientific terms and it is easy to determine whether one substance is an optical or geometric isomer of another. The term “positional isomer,” however, is subject to scientific interpretation. The addition of a definition for the term “positional isomer” will assist legitimate research[ers] and industry in determining the control status of materials that are “positional isomers” of schedule I hallucinogens. While the DEA will remain the authority for ultimately determining the control status of a given material, providing a specific definition for “positional isomer” will ensure consistent criteria are utilized in making these determinations. This rule does not change existing laws, regulations, policies, processes, and procedures regarding the determination of control status for schedule I hallucinogenic substances. This rule merely makes available to the public the longstanding definition of “positional isomer” which DEA has used when making these scheduling determinations. This rule is relevant only to specialized forensic or research chemists. Most of these individuals are existing DEA registrants who are authorized by the DEA to handle schedule I hallucinogenic substances. DATES: Effective January 2, 2008. FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, Ph.D., Chief, Drug and Chemical Evaluation Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537 at
(202)307-7183. SUPPLEMENTARY INFORMATION: Background On May 25, 2006, DEA published a Notice of Proposed Rulemaking
(NPRM)[71 FR 30097] which proposed the addition of a specific definition for the term “positional isomer.” As DEA discussed in the NPRM, in many instances, the control of a substance under the CSA often includes the specific substance listed under the CSA, as well as the substance's salts, isomers, and/or salts of isomers. In most instances, the term isomer includes only optical isomers. In other instances, however, the term isomer includes positional and/or geometric isomers. As DEA discussed in its NPRM, in non-technical terms, isomers are different compounds that have the same molecular formula (the same number and types of atoms). The terms “optical isomer” and “geometric isomer” are specifically defined and well understood scientific terms, and it is easy to determine whether one substance is an optical or geometric isomer of another. The term “positional isomer,” however, is not universally defined, and, therefore, is subject to scientific interpretation. In order to ensure that consistent criteria are utilized in determining whether one substance is considered a “positional isomer” of another, the DEA is establishing a specific definition for “positional isomer.” This definition will be added to 21 CFR 1300.01(b)(21). Existing CSA and CFR References to “Positional Isomers” The CSA and its implementing regulations (21 CFR 1308.11(d)) specify which hallucinogenic substances are considered schedule I controlled substances. Under the CSA and its implementing regulations, there are only three references to the term “positional isomer”:
(1)Pursuant to 21 U.S.C. 802(14), “the term ‘isomer’ means the optical isomer, except as used in schedule I(c) and schedule II(a)(4). As used in schedule I(c), the term ‘isomer’ means any optical, positional, or geometric isomer. As used in schedule II(a)(4), the term ‘isomer’ means any optical or geometric isomer.”
(2)Under 21 CFR 1300.01(b)(21), “The term ‘isomer’ means the optical isomer, except as used in §§ 1308.11(d) and 1308.12(b)(4) of this chapter. As used in § 1308.11(d) of this chapter, the term ‘isomer’ means the optical, positional, or geometric isomer. As used in § 1308.12(b)(4) of this chapter, the term ‘isomer’ means the optical or geometric isomer.”
(3)21 CFR 1308.11(d) states, “ *Hallucinogenic substances* . Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term 'isomer' includes the optical, positional and geometric isomers).” Why Definition Is Needed As DEA discussed in the NPRM, the CSA (21 U.S.C. 802(14) and 21 U.S.C. 812(c)(I)(c)) and its implementing regulations (21 CFR 1308.11(d)) specify which hallucinogenic substances are considered schedule I controlled substances. The CSA further states that all salts, isomers, and salts of isomers of these substances are also schedule I controlled substances. Under the definition of “isomer” found in 21 CFR 1300.01(b)(21), “The term ‘isomer’ means the optical isomer, except as used in §§ 1308.11(d) and 1308.12(b)(4) of this chapter. As used in § 1308.11(d) of this chapter, the term ‘isomer’ means the optical, positional, or geometric isomer. As used in § 1308.12(b)(4) of this chapter, the term ‘isomer’ means the optical or geometric isomer.” Therefore, according to this definition as it specifically applies to hallucinogens, the term “isomer” includes all optical, positional, or geometric isomers. As such, all salts, isomers (including optical, positional, or geometric isomers), and salts of isomers (including optical, positional, or geometric isomers) of the hallucinogenic substances listed in 21 U.S.C. 812(c)(I)(c) and 21 CFR 1308.11(d) are considered schedule I controlled substances. Because the determination as to whether a substance is considered a “positional isomer” can be subject to scientific interpretation, the DEA believes it is necessary to specifically define the term “positional isomer”. This definition will only pertain to those substances that are “positional isomers” of schedule I controlled substances pursuant to 21 U.S.C. 812(c)(I)(c) and 21 CFR 1308.11(d). As DEA noted in the NPRM, DEA is not establishing definitions for either optical or geometric isomers. The DEA believes that these terms are highly specific and are not subject to differing scientific interpretation. Comments The definition of “positional isomer” will be used in the determination of the control status of substances as schedule I controlled substances pursuant to 21 CFR 1308.11(d). This definition is highly technical in nature and the DEA has sought to provide specific criteria for determination as to whether a substance is a “positional isomer” of schedule I hallucinogens. In writing the definition contained in this rulemaking, DEA consulted a wide variety of reference sources including, but not limited to, Chemical Abstracts, the IUPAC Compendium of Chemical Terminology, World Health Organization
(WHO)documents, and various encyclopedias and chemistry textbooks. The NPRM sought input from all interested parties regarding the proposed definition of “positional isomer.” DEA received one comment in response to the proposed definition. That comment did not raise any specific objections to the definition, but expressed the opinion that instead of DEA adding this definition, this duty should be the responsibility of Congress and the definition added via legislation. DEA disagrees. 21 U.S.C. 821 authorizes the Attorney General to “promulgate rules and regulations and to charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances.” Expanding on this authority, 21 U.S.C. 871(b) further provides that the Attorney General “may promulgate and enforce any rules, regulations, and procedures which he may deem necessary and appropriate for the efficient execution of his functions.” The authority has been delegated by the Attorney General to the Administrator of DEA pursuant to 28 CFR 0.100, and redelegated to the Deputy Administrator pursuant to 28 CFR 0.104. It is, therefore, well within the Deputy Administrator's purview to issue a notice of proposed rulemaking to define a term relating to the control of certain schedule I controlled substances. By inviting comment to the proposed definition, DEA ensured that potentially affected persons, such as researchers, were given the opportunity to review the definition and submit comments or changes. No other comments were received by DEA. Therefore, this rulemaking finalizes the definition exactly as it was proposed in the NPRM. Criteria That Will Apply to Positional Isomers Pursuant to 21 U.S.C. 802(14), 21 U.S.C. 812(c)(I)(c), and 21 CFR 1308.11(d), positional isomers of schedule I hallucinogens are any and all substances which:
(1)Are not already controlled in a different schedule I category, or are listed in another schedule, or are specifically exempted from control by law; and
(2)Have the same molecular formula and core structure as a schedule I hallucinogen; and
(3)Have the same functional group(s) and/or substituent(s) as those found in the respective schedule I hallucinogen, attached at any position(s) on the core structure, but in such manner that no new chemical functionalities are created and no existing chemical functionalities are destroyed relative to the respective schedule I hallucinogen; except that
(4)Rearrangements of alkyl moieties within or between functional group(s) or substituent(s), or divisions or combinations of alkyl moieties, that do not create new chemical functionalities or destroy existing chemical functionalities, would be within the definition of positional isomer (and therefore be controlled). As clarification, note that the “core structure” is the parent molecule that is the common basis for the class; for example, tryptamine, phenethylamine, or ergoline. The following are examples of rearrangements resulting in creation and/or destruction of chemical functionalities. These rearrangements result in compounds which are not positional isomers: ethoxy to *alpha* -hydroxyethyl, hydroxy and methyl to methoxy, or the repositioning of a phenolic or alcoholic hydroxy group to create a hydroxyamine. Examples of rearrangements resulting in compounds that would be positional isomers include, but are not limited to: *tert* -butyl to *sec* -butyl, methoxy and ethyl to isopropoxy, N,N-diethyl to N-methyl-N-propyl, or *alpha* -methylamino to N-methylamino. Impact of Rule Limited to Specialized Forensic or Research Chemists As DEA discussed in the NPRM, the addition of a definition for the term “positional isomer” as it applies to 21 CFR 1308.11(d) will assist legitimate research[ers] and industry in determining the control status of substances that are isomers of schedule I hallucinogens. While the DEA will remain the authority on ultimately determining the control status of a given substance, providing a specific definition for “positional isomer” will greatly reduce any potential confusion or inconsistencies in making these determinations. This definition will enable researchers and industry to determine definitively whether a substance is a “positional isomer” of a schedule I hallucinogen. As such, they will be able to know the control status of a particular substance when considering new research. This rule is relevant only to specialized forensic or research chemists. Most of these individuals are existing DEA registrants who are authorized by the DEA to handle schedule I hallucinogenic substances. Specific Changes and Definition As currently defined in 21 CFR 1300.01(b)(21), the term “isomer” means the optical isomer, except as used in § 1308.11(d) and § 1308.12(b)(4) of this chapter. As used in § 1308.11(d) of this chapter, the term “isomer” means any optical, positional, or geometric isomer. As used in § 1308.12(b)(4) of this chapter, the term “isomer” means any optical or geometric isomer. Pursuant to this Final Rule, 21 CFR 1300.01(b)(21) is revised to include a specific definition for the term “positional isomer”. The modification specifies that, as used in § 1308.11(d), the term “positional isomer” means any substance possessing the same molecular formula and core structure and having the same functional group(s) and/or substituent(s) as those found in the respective schedule I hallucinogen, attached at any position(s) on the core structure, but in such manner that no new chemical functionalities are created and no existing chemical functionalities are destroyed relative to the respective schedule I hallucinogen. Rearrangements of alkyl moieties within or between functional group(s) or substituent(s), or divisions or combinations of alkyl moieties that do not create new chemical functionalities or destroy existing chemical functionalities, would be within the definition of positional isomer. For purposes of this definition, the “core structure” is the parent molecule that is the common basis for the class. Some examples would include tryptamine, phenethylamine, or ergoline. Examples of non-permissible rearrangements resulting in creation and/or destruction of chemical functionalities (that therefore would not be considered positional isomers) include, but are not limited to: ethoxy to *alpha* -hydroxyethyl, hydroxy and methyl to methoxy, or the repositioning of a phenolic or alcoholic hydroxy group to create a hydroxyamine. Examples of permissible rearrangements (that are within the definition of positional isomers) include: *tert* -butyl to *sec* -butyl, methoxy and ethyl to isopropoxy, N,N-diethyl to N-methyl-N-propyl, or *alpha* -methylamino to N-methylamino. Scientific/Technical Nature of Definition As DEA discussed in its NPRM, DEA understands that the definition is highly technical and laden with scientific terms. However, the DEA believes that such a highly technical definition is necessary to ensure that consistent criteria are utilized in determining whether one substance is a “positional isomer” of another. Regulatory Certifications Regulatory Flexibility Act The Deputy Administrator hereby certifies that this rulemaking has been drafted in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation, and by approving it certifies that this regulation will not have a significant economic impact on a substantial number of small entities. The inclusion of the definition of positional isomer set forth herein is unlikely to subject any new substances to CSA control. Also, this rule does not require the obtaining of new DEA registrations. Most persons affected by this rule are already DEA registrants (or would have to become registrants even absent this rule in order to handle schedule I hallucinogens). Further, this rule does not impose any additional regulatory burden on the regulated community. The change simply will ensure that consistent criteria are utilized in making scheduling determinations. Executive Order 12866 The Deputy Administrator further certifies that this rulemaking has been drafted in accordance with the principles in Executive Order 12866 § 1(b). It has been determined that this is a significant regulatory action. Therefore, this action has been reviewed by the Office of Management and Budget. Executive Order 12988 This regulation meets the applicable standards set forth in §§ 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice Reform. Executive Order 13132 This rulemaking does not preempt or modify any provision of state law; nor does it impose enforcement responsibilities on any state; nor does it diminish the power of any state to enforce its own laws. Accordingly, this rulemaking does not have federalism implications warranting the application of Executive Order 13132. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $120,000,000 or more (adjusted for inflation) in any one year, and will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Congressional Review Act This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act). This rule will not result in an annual effect on the economy of $114,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. List of Subjects in 21 CFR Part 1300 Controlled substances, Definitions, Drug Traffic Control. For the reasons set out above, 21 CFR part 1300 is amended as follows: PART 1300—DEFINITIONS [AMENDED] 1. The authority citation for Part 1300 continues to read as follows: Authority: 21 U.S.C. 802, 871(b), 951, 958(f). 2. Section 1300.01 is amended by revising paragraph (b)(21) to read as follows: § 1300.01 Definitions relating to controlled substances.
(b)* * *
(i)*The term isomer* means the optical isomer, except as used in § 1308.11(d) and § 1308.12(b)(4) of this chapter. As used in § 1308.11(d) of this chapter, the term “isomer” means any optical, positional, or geometric isomer. As used in § 1308.12(b)(4) of this chapter, the term “isomer” means any optical or geometric isomer.
(ii)As used in § 1308.11(d) of this chapter, the term “positional isomer” means any substance possessing the same molecular formula and core structure and having the same functional group(s) and/or substituent(s) as those found in the respective schedule I hallucinogen, attached at any position(s) on the core structure, but in such manner that no new chemical functionalities are created and no existing chemical functionalities are destroyed relative to the respective schedule I hallucinogen. Rearrangements of alkyl moieties within or between functional group(s) or substituent(s), or divisions or combinations of alkyl moieties, that do not create new chemical functionalities or destroy existing chemical functionalities, are allowed i.e., result in compounds which are positional isomers. For purposes of this definition, the “core structure” is the parent molecule that is the common basis for the class; for example, tryptamine, phenethylamine, or ergoline. Examples of rearrangements resulting in creation and/or destruction of chemical functionalities (and therefore resulting in compounds which are not positional isomers) include, but are not limited to: ethoxy to *alpha* -hydroxyethyl, hydroxy and methyl to methoxy, or the repositioning of a phenolic or alcoholic hydroxy group to create a hydroxyamine. Examples of rearrangements resulting in compounds which would be positional isomers include: *tert* -butyl to *sec* -butyl, methoxy and ethyl to isopropoxy, N,N-diethyl to N-methyl-N-propyl, or *alpha* -methylamino to N-methylamino. Dated: November 21, 2007. Michele M. Leonhart, Deputy Administrator, [FR Doc. E7-23413 Filed 11-30-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF THE TREASURY Fiscal Service 31 CFR Parts 351, 353, 359, 360, and 363 Offering and Governing Regulations for Series EE and Series I Savings Bonds, TreasuryDirect AGENCY: Bureau of the Public Debt, Fiscal Service, Treasury. ACTION: Final rule. SUMMARY: This rule lowers the annual purchase limitation per person for Series EE and Series I savings bonds, and eliminates the definitive $10,000 denomination for Series I savings bonds. DATES: Effective: January 1, 2008. ADDRESSES: You can download this final rule at the following Internet addresses: *http://www.publicdebt.treas.gov* or *http://www.gpoaccess.gov/ecfr.* FOR FURTHER INFORMATION CONTACT: Elisha Whipkey, Director, Division of Program Administration, Office of Securities Operations, Bureau of the Public Debt, at
(304)480-6319 or *elisha.whipkey@bpd.treas.gov.* Susan Sharp, Attorney-Adviser, Dean Adams, Assistant Chief Counsel, Edward Gronseth, Deputy Chief Counsel, Office of the Chief Counsel, Bureau of the Public Debt, at
(304)480-8692 or *susan.sharp@bpd.treas.gov.* SUPPLEMENTARY INFORMATION: This rule lowers the annual purchase limitation for Series EE and Series I savings bonds. Prior to this rule, an investor could purchase $30,000 each of definitive and book-entry Series EE savings bonds and $30,000 each of definitive and book-entry Series I savings bonds per person, per calendar year. This rule will permit an investor to purchase a principal amount of $5,000 each of definitive and book-entry Series EE savings bonds and $5,000 each of definitive and book-entry Series I savings bonds per person, per calendar year. As a result of the change in the annual purchase limitation, we are withdrawing the $10,000 Series I definitive savings bond denomination on original issue. The change will permit Treasury to continue to offer savings options for investors with limited means and market opportunities, while encouraging those with greater financial resources to participate in marketable Treasury securities auctions, which are a more efficient means for Treasury to issue debt. Both savings bonds and marketable securities are offered to individuals through TreasuryDirect, which is an internet-accessed, book-entry system for purchasing, holding, and conducting transactions in Treasury securities. Reducing the cap on yearly purchases will not affect the vast majority of current savings bond purchasers, approximately 98 percent of whom buy less than $5,000, our new cap, annually. Procedural Requirements This final rule does not meet the criteria for a “significant regulatory action” as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. Because this final rule relates to matters of public contract and procedures for United States securities, notice and public procedure and delayed effective date requirements are inapplicable, pursuant to 5 U.S.C. 553(a)(2). As no notice of proposed rulemaking is required, the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) does not apply. We ask for no new collections of information in this final rule. Therefore, the Paperwork Reduction Act (44 U.S.C. 3507) does not apply. List of Subjects 31 CFR Part 351 Bonds, Federal Reserve system, Government securities. 31 CFR Part 353 Banks and banking, Government securities, Federal Reserve system. 31 CFR Part 359 Bonds, Federal Reserve system, Government securities, Securities. 31 CFR Part 360 Bonds, Federal Reserve system, Government securities, Securities. 31 CFR Part 363 Bonds, Electronic funds transfer, Federal Reserve system, Government securities, Securities. Accordingly, for the reasons set out in the preamble, 31 CFR Chapter II, Subchapter B, is amended as follows: PART 351—OFFERING OF UNITED STATES SAVINGS BONDS, SERIES EE 1. The authority citation for Part 351 continues to read as follows: Authority: 5 U.S.C. 301; 12 U.S.C. 391; 31 U.S.C. 3105. 2. Amend § 351.44 by revising the first sentence to read as follows: § 351.44 What amount of definitive Series EE savings bonds may I purchase per year? The principal amount of definitive Series EE savings bonds that may be purchased in the name and TIN of any person in any calendar year is limited to $5,000. 3. Revise § 351.65 to read as follows: § 351.65 What amount of book-entry Series EE savings bonds may I acquire per year? The principal amount of book-entry Series EE savings bonds that you may acquire in your name and TIN per calendar year is limited to $5,000. PART 353—REGULATIONS GOVERNING DEFINITIVE UNITED STATES SAVINGS BONDS, SERIES EE AND HH 4. The authority citation for Part 353 continues to read as follows: Authority: 5 U.S.C. 301; 12 U.S.C. 391; 31 U.S.C. 3105, 3125. 5. Revise the heading for Part 353 to read as set forth above. 6. Amend § 353.10 by revising paragraph (a)(1) to read as follows: § 353.10 Amounts which may be purchased.
(a)*Series EE* —(1) * General annual limitation* . $5,000 (principal amount). PART 359—OFFERING OF UNITED STATES SAVINGS BONDS, SERIES I 7. The authority citation for part 359 continues to read as follows: Authority: 5 U.S.C. 301; 12 U.S.C. 391; 31 U.S.C. 3105. 8. Revise the first sentence of § 359.25 to read as follows: § 359.25 What are the denominations and prices of definitive Series I savings bonds? Definitive Series I saving bonds are issued in denominations of $50, $75, $100, $200, $500, $1,000, and $5,000. * * * 9. Revise § 359.29 to read as follows: § 359.29 What amount of definitive Series I savings bonds may I purchase per year? The principal amount of definitive Series I savings bonds that may be purchased in the name and TIN of any person in any calendar year is limited to $5,000. 10. Revise § 359.50 to read as follows: § 359.50 What amount of book-entry Series I savings bonds may I acquire per year? The principal amount of book-entry Series I savings bonds that you may acquire in your name and TIN in any calendar year is limited to $5,000. PART 360—REGULATIONS GOVERNING DEFINITIVE UNITED STATES SAVINGS BONDS, SERIES I 11. The authority citation for Part 360 continues to read as follows: Authority: 5 U.S.C. 301; 31 U.S.C. 3105 and 3125. 12. Amend § 360.10 by revising paragraph
(a)to read as follows: § 360.10 Amounts which may be purchased.
(a)General annual limitation, $5,000 (par value). PART 363—REGULATIONS GOVERNING SECURITIES HELD IN TREASURYDIRECT 13. The authority citation for part 363 continues to read as follows: Authority: 5 U.S.C. 301; 12 U.S.C. 391; 31 U.S.C. 3102, *et seq.* ; 31 U.S.C. 3121, *et seq.* 14. Amend § 363.52 by revising the heading and paragraph
(a)to read as follows: § 363.52 What amount of book-entry Series EE and Series I savings bonds may I purchase in one year?
(a)*Purchase limitation* . The amount of book-entry savings bonds that you may purchase in any calendar year is limited to $5,000 for Series EE savings bonds and $5,000 for Series I savings bonds. Dated: August 16, 2007. Kenneth E. Carfine, Fiscal Assistant Secretary. [FR Doc. 07-5888 Filed 11-30-07; 8:45 am]
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U.S. Code
- Recruitment and relocation bonuses§ 5753
- Retention bonuses§ 5754
- Definitions; application§ 5342
- Claims for overpayment of pay and allowances, and of travel, transportation and relocation expenses and allowances§ 5584
- Employee§ 2105
- Student loan repayments§ 5379
- Employment of experts and consultants; temporary or intermittent§ 3109
- Prevailing rate determinations; wage schedules; night differentials§ 5343
- Payment of expenses to obtain professional credentials§ 5757
- Special pay authority§ 5305
- Regulations§ 5338
- Delegation of authority for personnel management§ 1104
- Supervisory differentials§ 5755
- The General Schedule§ 5332
- Federal Aviation Administration§ 106
- Purposes§ 3501
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Definitions§ 802
- Schedules of controlled substances§ 812
- Rules and regulations§ 821
- Attorney General§ 871
- Avoidance of duplicative or unnecessary analyses§ 605
- Rule making§ 553
- Definitions§ 601
- Public information collection activities; submission to Director; approval and delegation§ 3507
- Departmental regulations§ 301
- Federal reserve banks as Government depositaries and fiscal agents§ 391
- Savings bonds and savings certificates§ 3105
- Bonds§ 3102
- Procedure§ 3121
24 references not yet in our index
- Pub. L. 108-411
- 5 USC 5311-5317
- 5 CFR 575
- 5 CFR 430
- 5 CFR 213
- 5 CFR 213.3202(b)
- 5 CFR 304
- 5 CFR 530
- Pub. L. 103-89
- 107 Stat. 981
- 5 CFR 531
- 118 Stat. 2305
- Pub. L. 107-273
- 116 Stat. 1780
- 5 CFR 316.403
- 5 CFR 575.205(e)
- 14 CFR 39
- 1 CFR 51
- 21 CFR 1300
- 31 CFR 351
- 31 CFR 353
- 31 CFR 359
- 31 CFR 360
- 31 CFR 363
Citation graph
cites case law
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Final rule
Pub. L.Pub. L. 108-411
Cite5 USC 5311-5317
Cite5 CFR 575
Cites 62 · showing 12Cited by 0 across 0 sources