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1-17-91 Vol. 56 No. 12 Thursday January 17, 1991 United States SECOND CLASS NEWSPAPER Government Printing Office Postage and Fees Paid U.S. Government Printing Office SUPERINTENDENT (ISSN 0097-6326) OF DOCUMENTS Washington, DC 20402 OFFICIAL BUSINESS Penalty for private use, $300 1-17-1991 Thursday Vol. 56 No. 12 January 17, 1991 Pages 1721-1910 Briefings on How To Use the Federal Register For information on briefings in Washington, DC, Los Angeles, and San Diego, CA, see announcement on the inside cover of this issue. IT Federal Register Vol. 56, No. 12 / Thursday, January 17, 1991 THE FEDERAL REGISTER FEDERAL REGISTER Published daily, Monday through Friday, WHAT IT IS AND HOW TO USE IT (not published on Saturdays, Sundays, or On official holidays), by the Office of the Federal Register, National Archives and FOR: Any person who uses the Federal Register and Code of Records Administration, Washington, DC 20408, under the Federal Regulations. 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Ill Contents Federal Register Vol. 56, No. 12 Thursday, January 17, 1991 ACTION Consumer Product Safety Commission NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Meetings: Student community service project guidelines, 1784 Cigarette Fire Safety Technical Advisory Group, 1803 Agency lor Health Care Policy and Research Defense Department NOTICES See Air Force Department Medical technology assessments: Cardiac output monitoring by electrical bioimpedance, Drug Enforcement Administration 1815 NOTICES Applications, hearings, determinations, etc.: Agriculture Department Norac Co., Inc., 1824 See also Animal and Plant Health Inspection Sendee; Forest Upjohn Co., 1824 Service NOTICES Agency information collection activities under OMB review, Economic Regulatory Administration 1787 NOTICES Consent orders: Air Force Department Mt. Airy Refining Co. et al., 1804 RULES Military personnel: Employment and Training Administration Military personnel, employees, and dependents available NOTICES to civilian authorities for trial, 1732 Adjustment assistance: NOTICES Cytemp Specialty Steel Division et al., 1824 Meetings: Meetings: Scientific Advisory Board, 1804 Work-Based Learning National Advisory Commission, 1826 Alcohol, Drug Abuse, and Mental Health Administration Nonimmigrant aliens temporarily employed as registered NOTICES nurses; attestations by facilities; list, 1825 Grants and cooperative agreements; availability, etc.: Intramural research training award program, 1818 Energy Department See also Economic Regulatory Administration; Hearings Animal and Plant Health Inspection Service and Appeals Office, Energy Department RULES RULES Plant-related quarantine, foreign: Strategic petroleum reserve trespassing. 1908 Sandpears from Chile, 1730 NOTICES Meetings: Centers for Disease Control U.S./U.S.S.R. Fossil Energy Workshop, 1805 NOTICES Natural gas exportation and importation: Meetings: Catamount Natural Gas, Inc., 1805 Vital and Health Statistics National Committee, 1815 Environmental Protection Agency Children, National Commission See National Commission on Children PROPOSED RULES Air quality implementation plans; approval and Coast Guard promulgation; various States: California, 1754 RULES Ports and waterways safety: NOTICES Pesticides; emergency exemptions, etc.: New York Harbor; vessel traffic service, 1737 Benomyl, 1810 Fenpropathrin, 1811 Commerce Department See Foreign-Trade Zones Board; International Trade Administration; National Oceanic and Atmospheric Executive Office of the President Administration See Management and Budget Office; National Drug Control Policy Office Commodity Futures Trading Commission NOTICES Federal Aviation Administration Contract market proposals: PROPOSED RULES Citrus Associates of New York Cotton Exchange— Airworthiness standards: Frozen concentrated orange juice; delivery area, 1803 Special conditions— Meetings; Sunshine Act, 1843 McDonnell Douglas model DC-8-70 series airplanes, (5 documents) 1750 IV Federal Register / Vol. 56, No. 12 / Thursday, January 17, 1991 / Contents NOTICES Mendocino National Forest, CA, 1788 Airport noise compatibility program: Payette National Forest, ID, 1789 Noise exposure map— White Mountain National Forest, NH, 1790 Greater Cincinnati International Airport, KY, 1839 Exemption petitions; summary and disposition, 1840 General Services Administration RULES Federal Communications Commission Acquisition regulations: RULES Supplies; inspection, testing, and shipment/delivery, 1739 Radio stations; table of assignments: California, 1737 Government Ethics Office Florida, 1737 RULES Michigan, 1738 Outside employment limitations and honoraria prohibitions; (2 documents) confidential reporting of payments to charities in lieu of Mississippi, 1738 honoraria, 1721 Missouri, 1739 PROPOSED RULES Health and Human Services Department Radio stations; table of assignments: See Agency for Health Care Policy and Research; Alcohol, Kansas, 1779 Drug Abuse, and Mental Health Administration; Oregon, 1780 Centers for Disease Control; Food and Drug Virginia, 1780 Administration; Indian Health Service; National Institutes of Health Federal Deposit Insurance Corporation NOTICES Hearings and Appeals Office, Energy Department Meetings; Sunshine Act, 1843 (2 documents) NOTICES Cases filed, 1806,1807 (2 documents) Federal Maritime Commission Decisions and orders, 1809 NOTICES Agreements filed, etc., 1812 Indian Health Service Federal Reserve System NOTICES Grants and cooperative agreements; availability, etc.: NOTICES Meetings; Sunshine Act, 1843 American Indian/Alaska Native tribal organizations; tribal management program, 1817 Federal Trade Commission NOTICES Interior Department Premerger notification waiting periods; early terminations, See Land Management Bureau 1812 Prohibited trade practices: Internal Revenue Service Kreepy Krauly USA, Inc., 1813 PROPOSED RULES Excise taxes: Food and Drug Administration Retailers; certain luxury items PROPOSED RULES Hearings, 1754 Food additives: Polymers— International Trade Administration Acrylonitrile copolymers, 1753 NOTICES NOTICES Antidumping: Meetings: Animal glue and inedible gelatin from Sweden, 1792 Advisory committees, panels, etc., 1818 Clear sheet glass from Italy, 1793 Consumer information exchange, 1817 Fresh cut flowers from— Mexico, 1794 Foreign-Trade Zones Board Polychloroprene rubber from Japan, 1799 NOTICES Sheet piling from Canada, 1800 Applications, hearings, determinations, etc.: Aiftidumping and countervailing duties: Illinois— Administrative review requests, 1793 Fedders Air Conditioner Plant; room air conditioner Countervailing duties: manufacturing plant, 1791 Yam products from Thailand, 1800 New York, 1791 Meetings: Oregon— Importers and Retailers’ Textile Advisory Committee; Floating Point Systems, Inc.; computer service correction, 1801 operation, 1792 Management-Labor Textile Advisory Committee; correction, 1801 Forest Service Scope rulings; list, 1801 NOTICES ^ v ’ Boundary establishment, descriptions, etc.: International Trade Commission Gifford Pinchot National Forest, WA, 1787 NOTICES Environmental statements; availability, etc.: Import investigations: Lake Tahoe Basin; national forest lands, 1788 Chrome-plated Jug nuts from China and Taiwan, 1822 Federal Register / Vol. 56, No. 12 / Thursday, January 17, 1991 / Contents V Power transmission chains, chain assemblies, National Institutes of Health components, and products containing same, 1822 NOTICES Sheet piling from Canada, 1823 Grants and cooperative agreements; availability, etc.: Intramural research training award program, 1818 interstate Commerce Commission Meetings: National Institute of Diabetes and Digestive and Kidney RULES Diseases, 1819 Motor carriers: Interstate buses; smoking prohibition, 1745 National Oceanic and Atmospheric Administration PROPOSED RULES Contracts and exemptions: RULES Fishery conservation and management: Freight car hire compensation practice, 1781 Atlantic mackerel, squid, and butterfish, 1745 NOTICES Agency information collection activities under OMB review, NOTICES Meetings: 1823 Western Pacific Fishery Management Council, 1802 Railroad operation, acquisition, construction, etc.: Consolidated Grain & Barge Co. et al., 1823 National Transportation Safety Board CSX Transportation, Inc., 1824 NOTICES Meetings; Sunshine Act, 1844 Justice Department See Drug Enforcement Administration; Prisons Bureau Nuclear Regulatory Commission PROPOSED RULES Labor Department Rulemaking petitions: See Employment and Training Administration; Mine Safety Young, Charles, 1749 and Health Administration NOTICES Agency information collection activities under OMB review, Land Management Bureau 1827 Environmental statements; availability, etc.: NOTICES Environmental statements; availability, etc.: Public Service Co. of Colorado, 1828 Elko District, NV, 1819 Meetings: Reactor Safeguards Advisory Committee, 1829 Jurisdictional transfers: (2 documents) Minnesota, 1819 Applications, hearings, determinations, etc.: Land use plans: Southern California Edison Co. et al., 1829 Arizona, 1821 Opening of public lands: Office of Management and Budget Colorado, 1821 See Management and Budget Office Survey plat filings: Colorado, 1821 Oversight Board Withdrawal and reservation of lands: NOTICES Idaho, 1821 Meetings; regional advisory boards: Regions 1 and 2, 1831 Management and Budget Office NOTICES Prisons Bureau Budget rescissions and deferrals PROPOSED RULES Cumulative reports, 1902 Inmate control, custody, care, etc.: Literacy program (GED standard), 1898 Mine Safety and Health Administration NOTICES Public Health Service Safety standard petitions: See Alcohol, Drug Abuse, and Mental Health Southern Ohio Coal Co., 1826 Administration; Centers for Disease Control; Food and Drug Administration; Indian Health Service; National Institutes of Health National Commission on Children NOTICES Securities and Exchange Commission Hearings, 1827 NOTICES Self-regulatory organizations; proposed rule changes: National Drug Control Policy Office Chicago Board Options Exchange, Inc., 1831 NOTICES Depository Trust Co., 1832 Meetings: Intermarket Clearing Corp., 1834 President’s Drug Advisory Council, 1827 MBS Clearing Corp., 1835 National Association of Securities Dealers, Inc., 1836 National Highway Traffic Safety Administration Applications, hearings, determinations, etc.: NOTICES Merrill Lynch Government Fund Jnc., 1836 Motor vehicle safety standards; exemption petitions, etc.: Merrill Lynch Institutional Fund Inc., 1837 General Motors Corp., 1841 United Financial Group, Inc., 1838 National Institute for Occupational Safety and Health Sentencing Commission, United States See Centers for Disease Control See United States Sentencing Commission VI Federal Register / Vali 56, No. 12 / Thursday, January 17, 1991 f Contents Transportation Department CFR PARTS AFFECTED IN THIS ISSUE See also Coast Guard; Federal Aviation Administration; National Highway Traffic Safety Administration A cumulative list of the parts affected this month can be found in RULES the Reader Aids section at the end of this issue. Aviation proceedings: Freely Associated States; essential air transportation, 5 CFR 47 CFR 1732 2636..................................1721 73 (6 documents)_____1737- 1739 7 CFR Treasury Department 319....................................1730 Proposed Rules: 73 (3 documents).............1779, See Internal Revenue Service 10 CFR 1780 1048............................ ..1908 United State* Sentencing Commission' Proposed Rules: 48 CFR 523.....................................1739 NOTICES 50...............................____1749 546.....................................1739 Sentencing guidelines and policy statements for Federal 14 CFR 552..............................___1739 courts, 1846 272....................................1732 49 CFR Proposed Rules: 1061.................................1745 Veterans Affairs Department 21......................................1750 Proposed Rules: NOTICES 25.......:..............................1750 1033...................................1781 Meetings: 21 CFR 1039..........................„.....„1781 Readjustment Problems of Vietnam Veterans Advisory Proposed Rules: 50 CFR 173........................ ........1753 655.....................................Î745 Committee, 1841 175.......................... ........1753 176....................................1753 177....................................1753 178....................................1753 Separate Parts In This Issue 179....................................1753 180....................................1753 Part II 181....................................1753 United States Sentencing; Commission,. 1846 26 CFR Proposed Rules: Part III 48......................................1754 Department of Justice,. Bureau of Prisons, 1898. 28 CFR Proposed Rules: Part IV 544....................................1898 Office of Management? and Budget, 1902 32 CFR 884....................................1732 Part V 33 CFR Department of Energy, 1908 161....................................1737 40 CFR Proposed Rules: Reader Aids 51......................................1754 Additional information, including a list of public 52......................................1754 laws, telephone numbers, and finding aids, appears in the Reader Aids section at the end of this issue~ 1721 Rules and Regulations Federal Register Vol. 56, No. 12 Thursday, January 17, 1991 This section of the FEDERAL REGISTER effect on January 1,1991. Sections 501 authority to issue regulations with contains regulatory documents having through 505 cease to be effective if the respect to officers and employees of the general applicability and legal effect, most salary increase provisions of section 703 executive branch. The provisions of 5 of which are keyed to and codified in of the Ethics Reform Act of 1989 are U.S.C. app. 102(a)(1)(A) and 501 through the Code of Federal Regulations, which is repealed. 505 become effective Janaury 1,1991. published under 50 titles pursuant to 44 U.S.C. 1510. DATES: Interim regulation effective Under section 603 of the Ethics Reform The Code of Federal Regulations is sold January 1,1991, except § 2636.205 which Act of 1989, section 501 through 505 by the Superintendent of Documents. will be effective May 15,1991, after cease to be effective if the pay increase Prices of new books are listed in the review and approval by the Office of provisions of section 703 of that Act are first FEDERAL REGISTER issue of each Management and Budget in accordance subsequently repealed, in which case week. with the Paperwork Reduction Act. the laws in effect before such Comments by agencies and the public amendments shall be deemed to be are invited and must be received by reenacted. OFFICE OF GOVERNMENT ETHICS February 19,1991. Section 501(b) prohibits an individual 5 CFR Part 2636 ADDRESSES: Comments on this interim from receiving any honorarium while that individual is a Member, officer or regulation should be sent to the Office of RIN 3209-AA13 employee. The term “honorarium” is Government Ethics, suite 500,1201 New defined in section 505 to mean “a Limitations on Outside Employment York Avenue, NW„ Washington, DC payment of money or anything of value and Prohibition of Honoraria; 20005-3917, Attention: Ms. Wilcox. Any for an appearance, speech or article” Confidential Reporting of Payments to comments on the reporting requirements and to exclude certain actual and Charities in Lieu of Honoraria under § 2636.205 should additionally be necessary travel expenses. The interim filed with the Office of Management and agency: Office of Government Ethics. Budget (see the “Paperwork Reduction rule at § 2636.203 further defines the ACTION: Interim rule with request for Act” discussion below). term “honorarium” and includes comments. definitions of the relevant terms FOR FURTHER INFORMATION CONTACT: "appearance,” "speech,” and "article.” SUMMARY: The Office of Government Leslie Wilcox, Office of Government These definitions are similar but not Ethics is issuing a new part 2636 of title Ethics, telephone (202/FTS) 523-5757, idential to the definitions contained in 5 of the Code of Federal Regulations to FAX (202/FTS) 523-6325. the Federal Elections Commission implement 5 U.S.C. app. 501 through 505, SUPPLEMENTARY INFORMATION: regulations at 11 CFR 110.12 as added by title VI of the Ethics Reform implementing the honoraria restrictions A. Summary of Legal Background Act of 1989, and the related reporting imposed by 2 U.S.C 441i. As amended by requirement contained in 5 U.S.C. app. This interim rule, published by the the Ethics Reform Act of 1989, 2 U.S.C. 102(a)(1)(A), as added by title II of the Office of Government Ethics following 441i will not apply on or after January 1, Reform Act. As applied to the executive consultation with the Attorney General 1991 to individuals who are subject to branch, section 501(b) prohibits the and Office of Personnel Management, this interim rule. receipt of any honorarium by any officer implements the provisions of title V of Section 501(c) provides that an or employee, other than a special the Ethics in Government Act of 1978, as honorarium that an officer or employee Government employee. Section 501(c) amended by title VI of the Ethics Reform might receive but for the prohibition in permits certain payments in lieu of Act of 1989 (Pub. L. 101-194,103 Stat. section 501(b) may be paid on his or her honoraria to be made to qualifying 1716, as amended by Pub. L. 101-280,104 behalf to a qualifying charitable charitable organizations. The officer or Stat. 149) and the related reporting organization. An honorarium paid to a employee on whose behalf a payment to requirement added by title II of the charitable organization under this a charitable organization is made is Ethics Reform Act of 1989. Title V authority is deemed not to have been required by section 102(a)(1)(A) to file a amends title 5 of the United States Code received by the officer or employee. The confidential report identifying the to include new appendix sections 501 interim rule at § 2636.204(b) stresses that charitable recipients. Section 501(a) and through 505, which impose prohibitions, a payment may be made to a charitable 502 impose a number of additional limitations and restrictions applicable to organization in lieu of an honorarium limitations and restrictions that apply to personnel in all three branches of only if the honorarium is one the certain senior-level noncareer officers Government. Title II amends the employee could accept without violating and employees. These include a per financial disclosure provisions of the applicable standards of conduct or any annum limitation on the receipt of Ethics in Government Act of 1978 to other conflict of interest statute. Thus, outside earned income: compensation include a new requirement at 5 U.S.C. an employee who gives a speech as part and other restrictions applicable to app. 102(a)(1)(A) to report donations to of his official duties may not, in view of professions which involve a fiduciary charitable organizations in lieu of the supplementation of salary relationship; a restriction on receipt of honoraria. None of these sections apply prohibition at 18 U.S.C. 209, suggest that compensation for serving as an officer to special Government employees, to an honorarium offered for that speech or member of the board of any enlisted members of the uniformed be given instead to a charitable association, corporation or other entity; services or to individuals whose organization. The interim rule at and a requirement to obtain advance compensation is disbursed by the § 2636.205, effective May 15,1991, also authorization to engage in teaching for Secretary of the Senate. Section 503(2) will implement the reporting compensation. These provisions take gives the Office of Government Ethics requirement of 5 U.S.C. app. 102(a)(1)(A) 1722 Federal Register / Vol. 56, No. 12 / Thursday, January 17, 1991 / Rules and Regulations applicable to a current or former level of Assistant Secretary or Chief of applied' in a narrow, technical sense and employee who is required to file a Mission. These provisions also apply to wants to ensure that honoraria not reemerge confidential or public financial all noncareer members of the Senior in various kinds of professional fees from disclosure report and on whose behalf a Executive Service or of other SES-type outside interests. The task force intends the payment in lieu of an honorarium is systems, as well as to employees serving ban to reach, for example, services such as made to a charitable organization. The in Schedule C or noncareer executive legal, real-estate, cons ulting and advising, insurance, medicine, architecture, or financial reason for the delayed effective date of assignments positions who are paid at * * * " 135 Cong. Ree. H9257 (daily ed. §; 2636.205 of the interim rule is to allow or above the triggering rate. Where the November 21,1989). time for Office of Management and pay criterion is met, the class also Budget fOMR) review and approval includes individuals appointed to The interim rule at § 2636.305(b). under the Paperwork Reduction Act of positions under agency-specific statutes adopt® an interpretation of the phrase the reporting requirement thereunder. that establish appointment criteria “profession involving a fiduciary Further, an implementing standard form- essentially the same as those for relationship” that is intended to carry for reporting, payments to charitable Schedule C' or noncareer executive out the legislative intent to give these organizations in lieu of honoraria will be assignment positions. The class of restrictions a broad rather than narrow issued and made: available though the employees subject to this limitation application. General Services Administration (GSA) includes certain Presidential appointees Noncareer officers and employees; after the Office of Government Ethics to full-time noncareer positions who are who are subject to the 15 percent obtains GSA standard form review and prohibited from receiving any outside outside earned income limitations are approval and QMB- Paperwork earned income by Section 102 of also prohibited by section 502 from Reduction Act review and approval of Executive Order 12674, as modified by receiving compensation for serving as the new form. Since the new law Executive Order 12731 dated October 17, an officer or member of tire board of any requiring reporting of such payments 1990. association, corporation or other entity takes effect January 1,1991,. reports filed Under the Federal Employees Pay and from receiving compensation for on the standard form once § 2636.205 Comparability Act of 1990, Public Law teaching without the prior notification becomes effective must cover the period 101-509; General Schedule positions at and approval of the designated agency January 1„ 1991,, to the date of filing. GS-16,17 and 18 will be replaced by a ethics official. The interim rule at Section 501(a), imposes; a per annum new range, of rates for positions § 2636.306 makes it clear that the former limitation on outside earned- income classified “above GS-15i.” The pay for prohibition applies to compensated applicable to certain noncareer officers these positions may be no: less than 120 service with nonprofit as well' as for- and employ ees whose rates of basic pay percent of the rate for GS-I5, step 1. profit entities and, at § 2636.307, sets are equal to or greater than the rate of When this provision of the Pay forth procedures by which covered basic, pay in effect for grade GS-16 of Comparability Act takes effect, this noncareer employees may seek advance the General Schedule. As described minimum rate for positions classified authorization to engage in teaching for more fully in the interim rule at ‘‘above GS-15" will replace GS^-16 step compensation. § 2636.304, the per annum limitation is a 1 as the rate that triggers application of B. Matters of Regulatory Procedure dollar amount equal to 15 percent of the the 15 percent outside earned income rate of pay for level U of the Executive limitation. For purposes of determining Administrative Procedure Act Schedule in effect on, January 1 of the whether an individual's rate of basic Pursuant to section 553(b) of title 5 of year in question. For purposes of pay equals or exceeds the triggering, the United States Code, as the Director applying the 15 percent limitation and rate, adjustments, such as those for of the Office of Government Ethics I other restrictions applicable to- locality pay authorized by the have found that good cause exists for Comparability Act, will be disregarded. noncareer officers and employees* the waiving the general requirements of Under section 502, noncareer officers terms ‘‘outside earned income” and notice of proposed rulemaking and 3G and employees who are subject to the 15 ‘‘compensation” are both defined in the day delayed effective date (except for percent outside earned income interim rule at § 263.303(b) using interim rule § 2636.205,, see below); limitation are also prohibited from concepts similar in some respects to These requirements are being waived receiving compensation for practicing, a those, that had been used to implement because the provisions of 5 U.S.C. app. profession-which involves a fiduciary the outside earned income limitation 501 through 505 are effective January 1, relationship or affiliating with or being, earlier imposed by section 210- of the 1991. Because violation of the employed by a firm or other entity Ethics in Government Act of 197ft prohibitions and limitations imposed by which provides professional services Section 210-will be repealed effective sections 501 and 502 can result in fines involving a fiduciary relationship. They January 1,1991, under the Ethics Reform of $10,000 or the amount of Act of 1989. are also prohibited from allowing their compensation received for the name to be used by any such entity. The class of noncareer employees prohibited conduct, whichever is These restrictions are implemented in who are subject to the 15 percent greater, there is a need for an interim the interim rule at § 2636.305. The outside earned income limitation is regulation effective January 1,1991. following excerpt from the report of the defined in the interim rule at However, the reporting provisions of Bipartisan Task Force on Ethics that § 2636.303(a) to include those- paid at or § 2636.205 will not become effective recommended the legislation addresses above the triggering rate, currently that until May 15,1991, in order to allow time the meaning of the phrase “profession for GS-16, step 1, who- are appointed by for OMB review and- approval of the involving a fiduciary relationship”': the President to positions under the reporting requirement as well as OMB Executive Schedule, 5 U S.C. 5312 "The-task force notes that- a ‘fiduciary’ is and GSA review and approval of the through 5317, or to positions that, by generally described as one ‘having a duty, future implementing standard report statute or as a, matter of practice, are created by his undertaking, to act primarily form that will actually celeet tire for another’s benefit in matters connected filled hy Presidential appointment, other with such undertaking* [Black's Law specified information. Any comments than positions in the uniformed services Dictionary, 5th Ed. 563); However, the task received in response to this interim rule and within the foreign service below the force intends that the term fiduciary-not be will be considered m formulating a final