540 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices 

Background 

In accordance with Public Law 99– 

574, the NIST Authorization Act for 

1987, the Office of Personnel 

Management (OPM) approved a 

demonstration project plan, ‘‘Alternative 

Personnel Management System (APMS) 

at the National Institute of Standards 

and Technology (NIST),’’ and published 

the plan in the Federal Register on 

October 2, 1987 (52 FR 37082). The 

project plan has been modified twice to 

clarify certain NIST authorities (54 FR 

21331 of May 17, 1989, and 55 FR 39220 

of September 25, 1990). The project plan 

and subsequent amendments were 

consolidated in the final APMS plan, 

which became permanent on October 

21, 1997, (62 FR 54604). NIST published 

an amendment on May 6, 2005 (70 FR 

23996), which became permanent on 

June 6, 2005. 

The plan provides for modifications 

to be made as experience is gained, 

results are analyzed, and conclusions 

are reached on how the system is 

working. This notice formally modifies 

the APMS plan to align Direct-Hire 

procedures with OPM’s Direct-Hire 

Authority on a pilot basis. During this 

pilot period, NIST will be gathering data 

on the impact of direct-hire authority on 

veterans preference eligibles as well as 

information supporting whether or not 

there is a severe shortage of candidates 

for the positions covered under the 

direct-hire authority. Veterans 

preference is the preferential treatment 

given to qualified veterans of the United 

States armed forces under Federal law. 

Dated: December 28, 2010. 

Charles H. Romine, 

Acting Associate Director for Laboratory 

Programs. 

Table of Contents 

I. Executive Summary 

II. Basis for APMS Plan Modification 

III. Changes to the APMS Plan 

I. Executive Summary 

The National Institute of Standards 

and Technology’s (NIST) Alternative 

Personnel Management System (APMS) 

is designed to (1) Improve hiring and 

allow NIST to compete more effectively 

for high-quality researchers through 

direct hiring, selective use of higher 

entry salaries, and selective use of 

recruiting allowances; (2) motivate and 

retain staff through higher pay potential, 

pay-for-performance, more responsive 

personnel systems, and selective use of 

retention allowances; (3) strengthen the 

manager’s role in personnel 

management through delegation of 

personnel authorities; and (4) increase 

the efficiency of personnel systems 

through installation of a simpler and 

more flexible classification system 

based on pay banding through reduction 

of guidelines, steps, and paperwork in 

classification, hiring, and other 

personnel systems, and through 

automation. 

Since implementing the APMS, 

according to findings in the Office of 

Personnel Management’s ‘‘Summative 

Evaluation Report National Institute of 

Standards and Technology 

Demonstration Project: 1988–1995,’’ 

NIST accomplished the following: NIST 

is more competitive for talent; NIST 

retained more top performers than a 

comparison group; and NIST managers 

reported significantly more authority to 

make decisions concerning employee 

pay. This modification builds on this 

success by piloting direct-hire authority 

under 5 CFR part 337, subpart B, for a 

period of one-year. 

This amendment modifies the October 

21, 1997 Federal Register notice. 

Specifically, it enables NIST to hire, 

after public notice is given, any 

qualified applicant without regard to 5 

U.S.C. 3309–3318, 5 CFR part 211, or 5 

CFR part 337, subpart A for a period of 

one-year. During the one-year pilot 

period, NIST will gather data on the 

impact of direct-hire authority on 

preference eligibles as well as 

information supporting whether or not 

there is a severe shortage of candidates 

for the positions covered under the 

direct-hire authority. 

NIST will continually monitor the 

effectiveness of this amendment. 

II. Basis for APMS Plan Modification 

Section 3304 (c) of title 5, United 

States Code, provides agencies with the 

authority to appoint candidates directly 

to jobs for which OPM determines that 

there is a severe shortage of candidates 

or a critical hiring need. 

In 1987 with the approval of the NIST 

APMS (52 FR 37082), and in 1997 when 

the APMS plan was modified (62 FR 

54604), OPM concurred that all 

occupations in the ZP career path at the 

band III and above constitute a shortage 

category; Nuclear Reactor Operator 

positions in the ZT Career Path at the 

Pay Band III and above constitute a 

shortage category; and all occupations 

for which there is a special rate under 

the General Schedule pay system 

constitute a shortage category. 

OPM’s Direct-Hire Authority enables 

agencies to hire, after public notice is 

given, any qualified application without 

regard to 5 U.S.C. 3309–3318, 5 CFR 

part 211, or 5 CFR part 337, subpart A. 

NIST APMS allows the NIST Director 

to modify procedures if no new waiver 

from law or regulation is added. Given 

this modification is in accordance with 

existing law and regulation, the NIST 

Director is authorized to make the 

changes described in this notice. The 

modification to our final Federal 

Register Notice, dated October 21, 1997, 

with respect to our Staffing authorities 

is provided below. 

III. Changes in the APMS Plan 

The APMS at the NIST, published in 

the Federal Register October 21, 1997 

(62 FR 54604) is amended as follows: 

1. The subsection titled: ‘‘Direct 

Examination and Hiring’’ is deleted. 

2. The subsection titled ‘‘Direct Hire: 

Critical Shortage Highly Qualified 

Candidates’’ is deleted. 

3. The information under the 

subsection titled: ‘‘NIST Applicant 

Supply File’’ is replaced with: NIST 

advertises the availability of job 

opportunities in Direct-Hire occupations 

by posting on the OPM USAJOBS Web 

site. NIST would follow internal Direct 

Hire procedures for accepting 

applications. 

4. The subsection titled: ‘‘Referral 

Procedures for Direct Examination and 

Hiring and Agency Based Staffing 

Authorities’’ is deleted. 

5. A new subsection titled: ‘‘Referral 

Procedures for Direct-Hire’’ is added and 

the information under this subsection is 

as follows: After public notice is given, 

a qualified candidate may be referred 

without regard to 5 U.S.C. 3309–3318, 5 

CFR part 211, or 5 CFR part 337, subpart 

A. 

6. The subsection titled: ‘‘Direct 

Referral’’ is deleted. 

7. The subsection titled: ‘‘Rating and 

Ranking’’ is deleted. 

[FR Doc. 2010–33307 Filed 1–4–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

National Conference on Weights and 

Measures 2011 Interim Meeting 

AGENCY: National Institute of Standards 

and Technology, Commerce. 

ACTION: Notice. 

SUMMARY: The National Conference on 

Weights and Measures (NCWM) 2011 

Interim Meeting will be held January 23 

to 26, 2011. Publication of this notice on 

the NCWM’s behalf is undertaken as a 

public service. The meetings are open to 

the public but a paid registration is 

required. Please see registration 

information in the SUPPLEMENTARY

INFORMATION section below. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices 541 

DATES: The meeting will be held on 

January 23 to 26, 2011. 

ADDRESSES: The meeting will be held at 

the Fairmont Dallas, 1717 North Akard 

Street, Dallas, Texas 75201. 

FOR FURTHER INFORMATION CONTACT: 

Carol Hockert, Chief, NIST, Weights and 

Measures Division, 100 Bureau Drive, 

Stop 2600, Gaithersburg, MD 20899– 

2600 or by telephone (301) 975–5507 or 

by e-mail at Carol.Hockert@nist.gov. 

SUPPLEMENTARY INFORMATION: The 

NCWM is an organization of weights 

and measures officials of the states, 

counties, and cities of the United States, 

Federal agencies, and private sector 

representatives. These meetings bring 

together government officials and 

representatives of business, industry, 

trade associations, and consumer 

organizations on subjects related to the 

field of weights and measures 

technology, administration and 

enforcement. NIST participates to 

promote uniformity among the states in 

laws, regulations, methods, and testing 

equipment that comprise the regulatory 

control of commercial weighing and 

measuring devices and other trade and 

commerce issues. To register to attend 

the meeting, please see NCWM 

Publication 15 ‘‘Interim Meeting 

Agenda’’ which contains meeting 

agendas, registration forms and hotel 

reservation information at http:// 

www.ncwm.net or http://www.nist.gov/ 

owm on the Internet. 

The following are brief descriptions of 

some of the significant agenda items 

that will be considered along with other 

issues at the NCWM Interim Meeting. 

Comments will be taken on these and 

other issues during several public 

comment sessions. At this stage, the 

items are proposals. This meeting also 

includes work sessions in which the 

Committees may also accept comments 

and where they will finalize 

recommendations for NCWM 

consideration and possible adoption at 

its 2011 Annual Meeting to be held at 

the Holiday Inn Downtown at the Park 

200 South Pattee Street, Missoula, 

Montana 59802, on July 17 to 21, 2011. 

The Committees may withdraw or carry 

over items that need additional 

development. 

The Specifications and Tolerances 

Committee (S&T Committee) will 

consider proposed amendments to NIST 

Handbook 44, ‘‘Specifications, 

Tolerances, and other Technical 

Requirements for Weighing and 

Measuring Devices (NIST Handbook 

44).’’ Those items address weighing and 

measuring devices used in commercial 

applications, that is, devices that are 

used to buy from or sell to the public 

or used for determining the quantity of 

product sold among businesses. 

Issues on the agenda of the NCWM 

Laws and Regulations Committee (L&R 

Committee) relate to proposals to amend 

NIST Handbook 130, ‘‘Uniform Laws 

and Regulations in the area of legal 

metrology and engine fuel quality’’ and 

NIST Handbook 133 ‘‘Checking the Net 

Contents of Packaged Goods.’’ 

NCWM Specifications and Tolerances 

Committee 

The following item is a proposal to 

amend NIST Handbook 44: 

General Code 

The S&T Committee will consider 

Item 310–3 G–A.6. Nonretroactive 

Requirements (Remanufactured 

Equipment). The purpose of this 

proposal is to clarify the intent of the 

position issued by the NCWM in 2001 

regarding the application of 

nonretroactive requirements to devices 

which have been determined to have 

been ‘‘remanufactured.’’ The item under 

consideration includes a proposed to 

amend subparagraphs (a) and (b) of 

NIST Handbook 44’s General Code 

paragraph G–A.6. Nonretroactive 

Requirements to read as follows: G–A.6. 

Nonretroactive Requirements.— 

‘‘Nonretroactive’’ requirements are 

enforceable after the effective date for 

(a) Devices manufactured and 

remanufactured within a state after the 

effective date; (b) both new, and used, 

and remanufactured devices brought 

into a state after the effective date; and 

(c) devices used in noncommercial 

applications which are placed into 

commercial use after the effective date. 

Nonretroactive requirements are not 

enforceable with respect to devices that 

are in commercial service in the state as 

of the effective date or to new 

equipment in the stock of a 

manufacturer or a dealer in the state as 

of the effective date. [Nonretroactive 

requirements are printed (in NIST 

Handbook 44) in italic type.] 

Special Meeting Announcement: A 

Task Group on Retail Motor Fuel 

Dispenser (RMFD) Price Posting and 

Computer Capability will meet from 

1:30 to 4 p.m. on January 23, 2011 to 

develop criteria for possible inclusion in 

the Liquid Measuring Device Code 

(LMD) related to price posting and 

computing capability on RMFDs to 

reflect current market practices in 

posting fuel prices. 

NCWM Laws and Regulations 

Committee 

The following items are proposals to 

amend NIST Handbook 130 or NIST 

Handbook 133: 

Method of Sale of Commodities 

Regulation 

Item 232–1. Polyethylene Products, 

Method of Sale Regulation Section 

2.13.4. ‘‘Declaration of Weight.’’—The 

L&R Committee will consider a proposal 

to revise the density value used to 

calculate the net weights on some 

packages of polyethylene products. The 

intent of the proposal is to recognize 

heavier density plastics are being used 

in the production of some sheeting and 

bag products. (See also related Item 

260–2 under NIST Handbook 133, 

Chapter 4.7. Polyethylene Sheeting-Test 

Procedure—Footnote to Step 3 in the 

complete agenda of the L&R Committee 

in NCWM Publication 15). 

Item 232–2. Proposed Method of Sale 

Regulation for Packages of Printer Ink 

and Toner Cartridges—The L&R 

Committee will consider a proposed 

method of sale regulation to clarify the 

labeling requirements for packaged 

inkjet and toner cartridges to ensure that 

consumers are informed about the net 

quantity of contents of these products so 

value comparisons can be made. 

Special Meeting Announcements 

The Task Group on Printer Ink and 

Toner Cartridges will meet on January 

23, 2011, from 1:30 to 4 p.m. 

The Fuel and Lubricants 

Subcommittee will meet on January 23, 

2011, from 1:30 to 4 p.m. to consider 

proposals related to requirements of a 

wide variety of engine fuels. 

NIST Handbook 133 

Items 260–1 & 260–3. Guidance on 

Allowing for Moisture Loss and Other 

Revisions & Moisture Allowance for 

Pasta Products—The L&R Committee 

will consider a proposal to clarify the 

handbook’s guidance on making 

allowances for moisture loss that occurs 

in some packaged goods. The L&R 

Committee will also consider a proposal 

to adopt a specific 3% moisture 

allowance for macaroni, noodle, and 

like products (pasta products). 

Item 260–4. Seed Count for 

Agricultural Seeds—The L&R 

Committee will consider a proposal that 

the NCWM reconsider a method of sale 

and test procedures for use with 

packaged agricultural seed (specifically 

corn seed, soybean seed, field bean 

seed, and wheat seed) sold by ‘‘count’’ 

adopted at the 2010 NCWM Annual 

Meeting. 

Dated: December 29, 2010. 

Charles H. Romine, 

Acting Associate Director for Laboratory 

Programs. 

[FR Doc. 2010–33300 Filed 1–4–11; 8:45 am] 

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