Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2008-01-09.xml --- 73 6 Wednesday, January 9, 2008 Contents Agriculture Agriculture Department See Rural Business-Cooperative Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1646-1647 E8-137 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1615-1618 08-24 08-25 08-26 08-27 08-28 Coast Guard Coast Guard RULES Drawbridge Operation Regulations:

Gulf Intracoastal Waterway, Mile 131.8, Clearwater, FL, 1495-1497 E8-191 PROPOSED RULES Drawbridge Operation Regulations; Arkansas Waterway, Little Rock, AR, 1565-1568 E8-160 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department See Navy Department NOTICES Renewal of Department of Defense Federal Advisory Committees, 1601-1602 E8-207 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1609-1610 E8-200 Employment Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1648-1649 E8-119 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office NOTICES Meetings: State Energy Advisory Board, 1610 E8-147 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources, 1738-1768 E7-24718 Air programs: Ambient air quality standards, national— Data handling conventions and computations; correcting amendments, 1497-1503 07-5954 Difenoconazole; Pesticide Tolerance, 1503-1508 E8-15 Mesotrione; Pesticide Tolerance, 1508-1512 E8-181 Poly(hexamethylenebiguanide) hydrochloride (PHMB); Exemption from the Requirement of a Tolerance, 1512-1517 E8-189 Zeta-cypermethrin; Pesticide Tolerance, 1517-1525 E7-25392 PROPOSED RULES Air programs:

Ambient air quality standards, national— Data handling conventions and computations; correcting amendments, 1568-1570 07-5953 Approval and Promulgation of Air Quality Implementation Plans; Michigan; PSD Regulations, 1570-1576 E8-186 NOTICES Issuance of an Experimental Use Permit, 1613-1614 E8-185 Executive Executive Office of the President See Presidential Documents Farm Farm Credit System Insurance Corporation NOTICES Meetings: Farm Credit System Insurance Corporation Board, 1614 E8-206 FAA Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Airbus, 1556-1560 E8-152 E8-164 NOTICES Petition for Exemption; Summary of Petition Received; Correction, 1665-1666 E8-149 FBI Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1647 E8-138 FCC Federal Communications Commission PROPOSED RULES Radio Broadcasting Services: Elko, Nevada, 1577 E8-205 Iola, Texas, 1576-1577 E8-204 Federal Energy Federal Energy Regulatory Commission RULES Facilities Design, Connections and Maintenance Reliability Standards, 1770-1810 E7-25488 NOTICES Combined Notice of Filings, 1610-1613 E8-145 E8-146 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statement;

Charleston County, South Carolina, 1666 E8-246 FMC Federal Maritime Commission NOTICES Notice of Agreements Filed, 1614 E8-198 Ocean Transportation Intermediary License; Applicants, 1614-1615 E8-197 Federal Reserve Federal Reserve System PROPOSED RULES Truth in Lending, 1672-1735 E7-25058 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 1615 08-61 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service PROPOSED RULES Federal Government Participation in the Automated Clearing House, 1560-1565 08-22 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants:

Monterey Spineflower; Critical Habitat Designation, 1525-1554 08-6 Food Food and Drug Administration NOTICES INDERAL (Propanolol Hydrochloride) Tablets, 10 Milligrams, 20 Milligrams, and 90 Milligrams Not Withdrawn from Sale for Reasons of Safety or Effectiveness;, 1619 E8-190 Memorandums of Understanding: Food and Drug Administration and Regents of the University of California, 1619-1630 08-30 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection NOTICES Requirement to Complete Chemical Security Assessment Tool Top-Screen; Notice to Agricultural Facilities, 1640 E8-199 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service NOTICES Privacy Act; systems of records, 1667-1669 E8-129 International International Trade Administration NOTICES Countervailing duties: Rolled Carbon Steel Flat Products From— India, 1578-1599 E8-179 Stainless Steel Plate in Coils From— Belgium, 1599 E8-180 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Federal Bureau of Investigation RULES Technical Amendments to the Regulations Providing Whistleblower Protection for Federal Bureau of Investigation Employees, 1493-1495 08-7 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1644-1646 E8-139 E8-140 E8-141 Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Meetings: Steens Mountain Advisory Council, 1642-1643 E8-247 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council; Science Committee; Astrophysics Subcommittee, 1649 E8-133 NASA Advisory Council; Science Committee; Planetary Protection Subcommittee, 1649-1650 E8-134 Notice of Intent to Grant Exclusive License, 1650 E8-132 Notice of Intent to Grant Partially Exclusive License, 1650 E8-131 National National Council on Disability NOTICES Meetings;

Sunshine Act, 1650-1651 08-57 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1666-1667 E8-183 NIH National Institutes of Health NOTICES Meetings: National Heart, Lung, and Blood Institute, 1630-1631 08-41 08-49 National Institute of General Medical Sciences, 1631 08-40 National Institute of Mental Health, 1633 08-47 National Institute of Neurological Disorders and Stroke, 1633 08-48 National Institute on Aging, 1633-1634 08-46 08-50 08-51 National Institute on Drug Abuse, 1631-1632 08-43 08-44 Scientific Review Center, 1634-1639 08-42 08-45 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Chiniak Gully Research Area for Vessels Using Trawl Gear, 1555 E8-172 Inseason Adjustment to the 2008 Gulf of Alaska Pacific cod Total Allowable Catch Amount, 1554-1555 08-37 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1599-1601 E8-166 E8-167 E8-168 E8-169 National Park National Park Service NOTICES Intent to Prepare an Environmental Impact Statement for the Anacostia Park Wetlands Management Plan with Goose Management Strategies, 1643-1644 E8-245 Navy Navy Department NOTICES Record of Decision for Kilo Wharf Extension (MILCON P-502) at Apra Harbor Naval Complex, Guam, Mariana Islands, 1602-1609 E8-103 Personnel Personnel Management Office RULES Locality Pay Areas, 1493 E8-125 Presidential Presidential Documents ADMINISTRATIVE ORDERS Aviation insurance coverage for commercial air carrier service in domestic and international operations (Memorandum of December 27, 2007), 1811-1814 08-75 Public Public Debt Bureau See Fiscal Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1669 E8-242 E8-244 Rural Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1578 E8-142 SEC Securities and Exchange Commission NOTICES Order of Suspension Trading, 1651 08-38 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Incorporated, 1651-1654 E8-151 E8-155 E8-157 New York Stock Exchange LLC, 1654-1656 E8-156 NYSE Arca, Inc., 1656-1657 E8-135 Philadelphia Stock Exchange, Inc., 1657-1660 E8-136 E8-150 State State Department NOTICES Privacy Act;

System of Records, 1660-1665 E8-202 E8-203 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Fiscal Service See Internal Revenue Service See Public Debt Bureau Customs U.S. Customs and Border Protection NOTICES Testing of Pressed and Toughened (Specially Tempered) Glassware, 1640-1642 E8-241 Veterans Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1670 E8-122 Separate Parts In This Issue Part II Federal Reserve System, 1672-1735 E7-25058 Part III Environmental Protection Agency, 1738-1768 E7-24718 Part IV Energy Department, Federal Energy Regulatory Commission, 1770-1810 E7-25488 Part V Executive Office of the President, Presidential Documents, 1811-1814 08-75 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. 73 6 Wednesday, January 9, 2008 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 531 RIN 3206-AL27 Locality Pay Areas AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: On behalf of the President's Pay Agent, the Office of Personnel Management is issuing final regulations on the locality pay program for General Schedule and certain other employees.

Originally published on June 22, 2007 as an interim rule with a request for comments, the regulations added Whatcom County, WA, to the Seattle locality pay area effective with the first pay period that began on or after July 23, 2007, removed the reference to a January effective date for changes made by the President's Pay Agent in locality pay area boundaries, made a number of changes in the official names of locality pay areas to correspond to revised names of Metropolitan Statistical Areas and Combined Statistical Areas as established by the Office of Management and Budget, and provided notice and documentation of a number of changes in locality pay area boundaries that resulted from revisions in Metropolitan and Combined Statistical Areas.

We received no comments on the interim rule and adopt the final rule without change. DATES: *Effective on* February 8, 2008 we are adopting as a final rule the interim rule published at 72 FR 34361 on June 22, 2007. *Applicability Date:* The regulations were applicable on the first day of the first pay period that began on or after July 23, 2007. FOR FURTHER INFORMATION CONTACT: Allan Hearne,

(202)606-2838; FAX:

(202)606-4264; e-mail: *pay-performance-policy@opm.gov.* SUPPLEMENTARY INFORMATION: Section 5304 of title 5, United States Code, and 5 CFR part 531, subpart F, authorize locality pay for General Schedule

(GS)and certain other employees with official worksites in the 48 contiguous United States and the District of Columbia. Section 5304(f) of title 5, United States Code, authorizes the President's Pay Agent (the Secretary of Labor, the Director of the Office of Management and Budget (OMB), and the Director of the Office of Personnel Management (OPM)) to determine locality pay areas. On June 22, 2007 (72 FR 34361), OPM published an interim rule to add Whatcom County, WA, to the Seattle locality pay area, remove the reference to a January effective date for changes made by the President's Pay Agent in locality pay area boundaries, and make a number of changes in the official names of locality pay areas to correspond to revised names of Metropolitan Statistical Areas

(MSAs)and Combined Statistical Areas

(CSAs)as established by the Office of Management and Budget. The regulations also provided notice and documentation of a number of changes in locality pay area boundaries that resulted from the revisions in MSAs and CSAs. We received no comments on the interim rule and OPM is adopting the rule as final without changes. E.O. 12866, Regulatory Review The Office of Management and Budget has reviewed this rule in accordance with E.O. 12866. Regulatory Flexibility Act I certify that these regulations would not have a significant economic impact on a substantial number of small entities because they would apply only to Federal agencies and employees. List of Subjects in 5 CFR Part 531 Government employees, Law enforcement officers, Wages. Office of Personnel Management. Linda M. Springer, Director. Accordingly, the interim rule amending 5 CFR part 531 published at 72 FR 34361 on June 22, 2007, is adopted as a final rule without change. [FR Doc. E8-125 Filed 1-8-08; 8:45 am] BILLING CODE 6325-39-P DEPARTMENT OF JUSTICE 28 CFR Parts 0 and 27 [Docket No. OAG 120; A.G. Order No. 2926-2008] Technical Amendments to the Regulations Providing Whistleblower Protection for Federal Bureau of Investigation Employees AGENCY: Office of the Inspector General and Office of Attorney Recruitment and Management, Justice. ACTION: Final rule. SUMMARY: This rule makes several technical amendments to the Department of Justice regulations that provide whistleblower protection for Federal Bureau of Investigation

(FBI)employees. DATES: *Effective Date:* January 9, 2008. FOR FURTHER INFORMATION CONTACT: Louis DeFalaise, Director, Office of Attorney Recruitment and Management, U.S. Department of Justice, Washington, DC 20530,

(202)514-8900. SUPPLEMENTARY INFORMATION: This rule makes four technical amendments to relevant portions of the Department of Justice regulations that provide whistleblower protections to FBI employees under 28 CFR parts 0 and 27. Three of the amendments are made so that the provisions conform with the organizational changes brought about by a restructuring of the FBI's Office of Professional Responsibility (FBI-OPR) in 2004, whereby FBI-OPR's investigatory function was moved to the FBI's Inspection Division (FBI-INSD) and FBI-OPR retained its adjudicatory role. The fourth change is made to conform the regulations with the implementing statute. First, “the FBI Inspection Division (FBI-INSD) Internal Investigations Section,” is added to the list of offices designated to receive a “protected” disclosure in 28 CFR 27.1(a) because that is the office now responsible for investigating and most likely to receive allegations of misconduct internal to the FBI. Second, as presently worded, 28 CFR 27.1(b) provides that the Department's Office of Inspector General

(OIG)or Office of Professional Responsibility

(OPR)may refer whistleblower disclosures to FBI-OPR for investigation unless the Deputy Attorney General determines that such referral shall not be made. To reflect the current assignment of responsibility, “FBI-OPR” in § 27.1(b) is changed to “FBI-INSD Internal Investigations Section.” Third, like § 27.1(b), 28 CFR 0.29d(a) provides that OIG or DOJ-OPR may refer whistleblower disclosures to FBI-OPR for investigation unless the Deputy Attorney General determines that such referral shall not be made. “FBI-OPR” in § 0.29d(a) is changed to “FBI Inspection Division (FBI-INSD) Internal Investigations Sections.” Finally, this rule also makes a technical correction to 28 CFR 27.4(e)(1), so that the “contributing factor” standard in that provision is consistent with 5 U.S.C. 1221(e)(1), in accordance with Congress' directive in 5 U.S.C. 2303(c) that “[p]rohibited personnel practices in the [FBI]” be enforced “in a manner consistent with applicable provisions of [5 U.S.C.] sections 1214 and 1221.” Section 1221(e)(1) provides, in relevant part: [T]he Board shall order * * * corrective action as the Board considers appropriate if the employee, former employee, or applicant for employment has demonstrated that a disclosure described under section 2302(b)(8) was a contributing factor in the personnel action which was taken or is to be taken against such employee, former employee, or applicant. The employee may demonstrate that the disclosure was a contributing factor in the personnel action through circumstantial evidence, such as evidence that—

(A)the official taking the personnel action knew of the disclosure; and

(B)the personnel action occurred within a period of time such that a reasonable person could conclude that the disclosure was a contributing factor in the personnel action. The rule will change the third “or” in § 27.4(e)(1) to “and” in order to track this statutory language. Administrative Procedure Act This rule relates to matters of agency personnel, organization, and procedure, and is therefore exempt from the requirements of notice and comment and a 30-day delay in the effective date of 5 U.S.C. 553(a)(2), (b)(3)(A), (d)(3). Regulatory Flexibility Act The Attorney General, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), has reviewed this rule and, by approving it, certifies that this regulation will not have a significant economic impact on a substantial number of small entities because it pertains to personnel and administrative matters affecting the Department. Executive Order 12866 This rule has been drafted and reviewed in accordance with Executive Order 12866, Regulatory Planning and Review, section 1(b), Principles of Regulation. The Department has determined that this rule is not a “significant regulatory action” under Executive Order 12866, section 3(f), and accordingly this rule has not been reviewed by the Office of Management and Budget. Executive Order 12988 This rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform. Executive Order 13132 This rule will not have substantial direct effects 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. Therefore, in accordance with Executive Order 13132, Federalism, the Department has determined that this rule does not have sufficient federalism implications to warrant the preparation of a federal summary impact statement. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, and tribal government, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions are necessary under the provisions of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 *et seq.* Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a “major rule” as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of the United States-based companies to compete with foreign-based companies in domestic and export markets. This action pertains to agency personnel, organization, and procedure and does not substantially affect the rights or obligations of non-agency parties. Accordingly it is not a “rule” for the purposes of the reporting requirement of 5 U.S.C. 801. Congressional Review Act The Department has determined that this action pertains to agency personnel, organization, and procedure and, accordingly, is not a “rule” as that term is used by the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. List of Subjects in 28 CFR Parts 0 and 27 Government employees; Justice Department; Organization and functions (Government agencies); Whistleblowing. Accordingly, by virtue of the authority vested in me as Attorney General, including 5 U.S.C. 301 and 28 U.S.C. 509 and 510, parts 0 and 27 of title 28 of the Code of Federal Regulations are amended as follows: PART 0—ORGANIZATION OF THE DEPARTMENT OF JUSTICE 1. The authority for citation for part 0 continues to read as follows: Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519. Subpart E-4—Office of the Inspector General 2. Revise paragraph

(a)of § 0.29d to read as follows: § 0.29d Whistleblower Protection for FBI employees.

(a)*Protected disclosures by FBI employees.* Disclosures of information by an FBI employee that the employee reasonably believes evidences a violation of any law, rule, or regulation, or mismanagement, gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety are protected disclosures when they are reported as provided in § 27.1 of this chapter. Any office or official (other than the OIG or DOJ-OPR) receiving a protected disclosure shall promptly report such disclosure to the OIG or DOJ-OPR. The OIG or DOJ-OPR may refer such allegations to FBI Inspection Division (FBI-INSD) Internal Investigations Section for investigation unless the Deputy Attorney General determines that such referral shall not be made. PART 27—WHISTLEBLOWER PROTECTION FOR FEDERAL BUREAU OF INVESTIGATION EMPLOYEES 3. The authority for citation for part 27 continues to read as follows: Authority: 5 U.S.C. 301, 3151; 28 U.S.C. 509, 510, 515-519; 5 U.S.C. 2303; President's Memorandum to the Attorney General, Delegation of Responsibilities Concerning FBI Employees Under the Civil Service Reform Act of 1978, 3 CFR p. 284 (1997). 4. Revise § 27.1 to read as follows: § 27.1 Making a protected disclosure.

(a)When an employee of, or applicant for employment with, the Federal Bureau of Investigation

(FBI)(FBI employee) makes a disclosure of information to the Department of Justice's (Department's) Office of Professional Responsibility (OPR), the Department's Office of Inspector General (OIG), the FBI Office of Professional Responsibility (FBI OPR), the FBI Inspection Division (FBI-INSD) Internal Investigations Section (collectively, Receiving Offices), the Attorney General, the Deputy Attorney General, the Director of the FBI, the Deputy Director of the FBI, or to the highest ranking official in any FBI field office, the disclosure will be a “protected disclosure” if the person making it reasonably believes that it evidences:

(1)A violation of any law, rule or regulation; or

(2)Mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

(b)Any office or official (other than the OIG or OPR) receiving a protected disclosure shall promptly report such disclosure to the OIG or OPR for investigation. The OIG and OPR shall proceed in accordance with procedures establishing their respective jurisdiction. The OIG or OPR may refer such allegations to FBI-INSD Internal Investigations Section for investigation unless the Deputy Attorney General determines that such referral shall not be made. 5. Revise paragraph (e)(1) of § 27.4 to read as follows: § 27.4 Corrective action and other relief; Director, Office of Attorney Recruitment and Management. (e)(1) The Director shall determine, based upon all the evidence, whether a protected disclosure was a contributing factor in a personnel action taken or to be taken. Subject to paragraph (e)(2) of this section, if the Director determines that a protected disclosure was a contributing factor in a personnel action taken or to be taken, the Director shall order corrective action as the Director deems appropriate. The Director may conclude that the disclosure was a contributing factor in the personnel action based upon circumstantial evidence, such as evidence that the employee taking the personnel action knew of the disclosure and that the personnel action occurred within a period of time such that a reasonable person could conclude that the disclosure was a contributing factor in the personnel action. Dated: December 28, 2007. Michael B. Mukasey, Attorney General. [FR Doc. 08-7 Filed 1-8-08; 8:45 am]

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