50950 Federal Register / Vol. 71, No. 166 / Monday, August 28, 2006 / Notices 

336–8438, via facsimile at (202) 218–

0136, or via e-mail at cdown@opic.gov. 

Dated: August 24, 2006. 

Connie M. Downs, 

OPIC Corporate Secretary. 

[FR Doc. 06–7215 Filed 8–24–06; 1:14pm] 

BILLING CODE 3210–01–M 

OFFICE OF PERSONNEL 

MANAGEMENT 

Personnel Demonstration Project; 

Alternative Personnel Management 

System for the U.S. Department of 

Commerce 

AGENCY: Office of Personnel 

Management. 

ACTION: Notice of Expansion of the 

Department of Commerce Personnel 

Management Demonstration Project. 

SUMMARY: Title VI of the Civil Service 

Reform Act, now codified in 5 U.S.C. 

4703, authorizes the Office of Personnel 

Management (OPM) to conduct 

demonstration projects that experiment 

with new and different human resources 

management concepts to determine 

whether changes in policies and 

procedures result in improved Federal 

human resources management. OPM 

approved a demonstration project 

covering several operating units of the 

U.S. Department of Commerce (DOC). 

OPM has authority to implement new 

legislation affecting demonstration 

projects (5 U.S.C. 4703 and 5 CFR 

470.101(b) and 470.103). Modifications 

to the demonstration project plan also 

require OPM approval (5 CFR 470.315). 

As provided for in title II of Public 

Law 109–108, Department of Commerce 

and Related Agencies Appropriations 

Act of 2006, signed November 22, 2005, 

this notice expands the coverage of the 

DOC Demonstration Project to include 

up to 3,500 additional employees in the 

National Oceanic and Atmospheric 

Administration (NOAA) increasing the 

total number of employees in NOAA to 

6,925, as well as additional NOAA 

organizations and locations. This 

expansion results in the total number of 

employees covered by the DOC 

Demonstration Project to 8,500 

individuals. This notice also serves to 

make changes to the plan to 

accommodate the expansion. These 

changes include the addition of specific 

occupational series, Departmental 

Personnel Management Board 

composition, and pre-project cost 

formulas for the NOAA organizations 

new to the demonstration project as part 

of the expansion. 

DATES: This notice expanding the DOC 

Demonstration Project is effective 

August 28, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Department of Commerce: Joan 

Jorgenson, U.S. Department of 

Commerce, 14th and Constitution 

Avenue NW., Room 5004, Washington, 

DC 20230, (202) 482–4233. Office of 

Personnel Management: Jill Rajaee, U.S. 

Office of Personnel Management, 1900 E 

Street NW., Washington, DC 20415, 

(202) 606–0836. 

SUPPLEMENTARY INFORMATION: 

1. Background 

The Office of Personnel Management 

(OPM) approved the DOC 

Demonstration Project and published 

the final plan in the Federal Register 

Volume 62, Number 247, Part II, on 

Wednesday, December 24, 1997. The 

project was implemented on March 29, 

1998, and modified in the Federal 

Register on Thursday, September 30, 

1999, Volume 64, Number 189 [Notices] 

[Pages 52810–52812] and on Tuesday, 

August 12, 2003, Volume 68, Number 

155 [Notices] [Pages 47948–47949]. 

OPM approved a request to extend the 

DOC Demonstration Project for 5 years 

as stated in an administrative letter from 

OPM, dated February 14, 2003. The 

project was approved for expansion in 

the Federal Register Volume 68, 

Number 180 [Notices] [Pages 54505–

54507], on Wednesday, September 17, 

2003, to include an addition 1,505 

employees. The demonstration project 

was again modified on Tuesday, July 5, 

2005, Volume 70, Number 127 [Notices] 

[Pages 38732–38733]. The 

demonstration project was again 

modified on Monday, May 1, 2006, 

Volume 71, Number 83, [Notices] [Pages 

25615–25616] to revise existing 

authorities for retention, recruitment 

and relocation allowances. 

The key features of the project involve 

increased delegation of authority and 

accountability to line managers, 

simplified classification and broad 

banding, pay for performance, hiring 

and pay-setting flexibility, and modified 

reduction-in-force procedures. 

2. Overview 

This notice serves to list all NOAA 

organizations and their locations that 

will be included in the DOC 

Demonstration Project. This notice also 

lists additional occupational series that 

will be included in the DOC 

Demonstration Project. Additional 

changes to the plan are made to 

accommodate the expansion. These 

changes include composition of the 

Departmental Personnel Management 

Board, pre-project cost formulas for new 

organizations entering the 

demonstration project during this 

expansion phase, and edits to the pay 

administration provisions to reflect the 

use of law enforcement officer special 

base rates under section 403 of the 

Federal Employees Pay Comparability 

Act of 1990 (Pub. L. 101–509) for certain 

law enforcement officers that will be 

added to the project through this 

expansion. This notice also incorporates 

minor changes to the pay administration 

provisions for consistency with the 

amendments made to the General 

Schedule pay-setting rules by the 

Federal Workforce Flexibility Act of 

2004 (Pub. L. 108–411) and OPM’s 

implementing regulations. The 

Department of Commerce will follow 

the project plan as published in the 

Federal Register dated December 24, 

1997, and subsequent modifications as 

listed in the Background Section of this 

notice. 

Office of Personnel Management. 

Linda M. Springer, 

Director. 

Table of Contents 

I. Executive Summary 

II. Basis of Project Plan Expansion 

III. Changes to the Project Plan 

I. Executive Summary 

The Department of Commerce (DOC) 

Demonstration Project utilizes many 

features similar to those implemented 

by the National Institute of Standards 

and Technology (NIST) Demonstration 

Project in 1988. The DOC 

Demonstration Project supports several 

key objectives: to simplify the 

classification system for greater 

flexibility in classifying work and 

paying employees; to establish a 

performance management and rewards 

system for improving individual and 

organizational performance; and to 

improve recruiting and examining to 

attract highly qualified candidates and 

hire them more quickly. The DOC 

Demonstration Project is designed to 

test whether the interventions of the 

NIST project, which is now a permanent 

alternative system, could be successful 

in other DOC environments. The current 

participating organizations include six 

offices of the Chief Financial Officer/ 

Assistant Secretary of Administration in 

the Office of the Secretary, Technology 

Administration, the Bureau of Economic 

Analysis, the Institute for 

Telecommunication Sciences, and five 

units of the National Oceanic and 

Atmospheric Administration: Office of 

Oceanic and Atmospheric Research, 

National Marine Fisheries Service, the 

National Environmental Satellite, Data, 

mstockstill on PROD1PC61 with NOTICES

Federal Register / Vol. 71, No. 166 / Monday, August 28, 2006 / Notices 50951 

and Information Service, the National 

Weather Service and the NOAA Office 

of Program Planning and Integration. 

II. Basis of Project Plan Expansion 

A. Purpose 

The DOC Demonstration Project is 

designed to provide managers at the 

lowest organizational level, the 

authority, control and flexibility needed 

to recruit, retain, develop, recognize and 

motivate its workforce, while ensuring 

adequate accountability and oversight. 

Expansion of the DOC Demonstration 

Project will allow the Department to 

broaden the scope of this test to 

additional organizations with different 

missions. This should improve the 

Department assessment of the 

effectiveness of its interventions in its 

efforts to compete more effectively for 

high quality personnel while 

strengthening the manager’s role in 

human resources management. All 

provisions of the DOC Demonstration 

Project plan, as published in the Federal 

Register, dated December 24, 1997, and 

subsequent published modifications, 

will apply. 

B. Participating Employees 

Employee notification of this 

expansion proposal is being 

accomplished by providing a full set of 

briefings to employees and managers 

and providing electronic access to all 

DOC Demonstration Project policies, 

procedures, evaluations and published 

Federal Register notices on the project 

plan and subsequent modifications. We 

will also provide employees with a copy 

of this proposed Federal Register notice 

upon approval. Subsequent supervisor 

training and informational briefings for 

all employees will be accomplished 

prior to the implementation of the 

expansion. 

C. Labor Participation 

Labor organizations are being 

separately notified about the project’s 

expansion pertaining to their bargaining 

unit membership. DOC is proceeding to 

fulfill its obligation in accordance with 

5 U.S.C. 4703(f). 

III. Changes to the Project Plan 

A. Section VII. Project Management 

The Departmental Personnel 

Management Board (DPMB) will expand 

to include additional board DPMB 

members representing the new major 

operating units included in the project. 

It is the intent of the DOC to ensure the 

composition of the board DPMB reflects 

the diversity of employee groups to 

ensure the objectives of the 

demonstration project are achieved in 

an equitable and consistent manner. 

B. Section V B. Base Cost Assessment 

The current plan identifies Fiscal 

Years (FY) 1994, 1995, and 1996 as the 

basis of analysis of pre-project costs to 

determine whether project costs are 

being maintained at acceptable levels. 

For those organizations that have never 

participated in the demonstration 

project, costs will be computed as 

annual averages over the past three preproject fiscal years immediately 

preceding implementation. For those 

NOAA organizations that are already 

part of the demonstration project, costs 

will continue to be computed using FY 

1994—1996. 

C. Section II D. Participating 

Organizations 

The following organizations will be 

added to the project plan, Section II D 

Participating Organizations: 

Within the National Oceanic and 

Atmospheric Administration, up to 

3,500 new GS/GM employees from the 

following offices and locations will be 

added to the DOC Demonstration Project 

as part of the expansion: 

Office of the Under Secretary, nonbargaining unit employees, all 

locations 

Office of Program Analysis and 

Evaluation, all locations 

Office of Human Resources, all locations 

Office of Chief Financial Officer, all 

locations 

Office of Chief Administrative Officer, 

non-bargaining unit employees, all 

locations 

Office of Sustainable Development, all 

locations 

National Ocean Service, non-bargaining 

unit employees, all locations 

NOAA Marine and Aviation Office, all 

locations 

Within the Office of Oceanic and 

Atmospheric Research: 

Climate Program Office, Silver Spring, 

MD 

Within the National Marine Fisheries 

Service: 

Office of Seafood Inspection, nonbargaining unit employees, all 

locations 

Office of Law Enforcement, all 

locations 

Additional employees in the following 

organizations: 

Southeast Fisheries Science Center, 

all locations 

Northwest Fisheries Science Center, 

all locations 

Alaska Fisheries Science Center, all 

locations 

D. Section II F. Labor Participation 

The following bargaining units are 

added to Table 4—Bargaining Unit 

Coverage. 

NMAO ......... Norfolk, VA IBEW Local 

80 

CFO .............. Boulder, CO AFGE Local 

2186 

NMFS–

SEFSC.

Miami, FL ... AFGE Local 

2875 

Panama City, 

FL.

NAGE R—

106 

NMFS–

NWFSC.

All Locations IFPTE Local 

8A 

NMFS–

AKFSC.

Seattle, WA IFPTE Local 

8A 

E. Section II E. Participating Employees 

The following series are added to 

Table 2: 

Scientific and Engineering (ZP) Career Path 

0415, Toxicology Series 

0199, Social Science Student Trainee Series 

Administrative (ZA) Career Path 

0028, Environmental Protection Specialist 

Series 

0199, Social Science Student Trainee Series 

0399, Administrative Trainee Series 

0511, Auditing Series 

1601, General Facilities and Equipment 

Series 

1071, Audiovisual Production Series 

1710, Education and Vocational Training 

Series 

1801, General Inspection, Investigation and 

Compliance Series 

1811, Criminal Investigating Series 

1812, Game Law Enforcement Series 

2003, Supply Program Management Series 

Support (ZS) Career Path 

1603, Equipment, Facilities and Services 

Assistant Series 

1001, General Arts and Information Series 

0119, Economics Assistant Series 

F. This section provides changes to 

the project plan to accommodate law 

enforcement officer special base rates 

and the recent changes to the General 

Schedule pay administration rules. The 

following page numbers refer to the 

pages of the project plan, published 

December 24, 1997, in the Federal 

Register. 

(1) Page 67448: Section III.A.3. In 

third sentence, insert ‘‘under 5 U.S.C. 

5305’’ after first ‘‘special rate’’. After 

third sentence, insert ‘‘For a law 

enforcement officer (LEO) covered by 

special base rates under section 403 of 

the Federal Employees Pay 

Comparability Act of 1990 (section 529 

of Public Law 101–509, November 5, 

1990, as amended), when the minimum 

or maximum grade in the LEO’s band is 

any one of grades GS–3 through GS–10 

(e.g., ZA Bands I and II), the band’s 

minimum and maximum rate of pay 

will be set for that LEO using applicable 

mstockstill on PROD1PC61 with NOTICES

50952 Federal Register / Vol. 71, No. 166 / Monday, August 28, 2006 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 52011 

(July 12, 2005), 70 FR 41451 (July 19, 2005) (SR–

CBOE–2004–63) (approving short-term option series 

on a pilot basis through July 12, 2006). The Pilot 

Program has since been extended through July 12, 

2007. See Securities Exchange Act Release No. 

53984 (June 14, 2006), 71 FR 35718 (June 21, 2006) 

(SR–CBOE–2006–48). 

4 In Amendment No. 1, a partial amendment, the 

Exchange corrected a typographical error in the 

proposed rule text. 

5See Securities Exchange Act Release No. 54133 

(July 12, 2006), 71 FR 41062. 

6 In approving this proposed rule change, the 

Commission has considered the proposed rule’s 

impact on efficiency, competition, and capital 

formation. See 15 U.S.C. 78c(f). 

7 15 U.S.C. 78f(b)(5). 

8The Exchange, should it wish to propose an 

extension, expansion, or permanent approval of the 

Pilot Program, must submit a report on the Pilot 

Program to the Commission. See Securities 

Exchange Act Release No. 51172 (February 9, 2005), 

70 FR 7979 (February 16, 2005). The Commission 

notes that the Exchange submitted a report on June 

13, 2006, in connection with its filing to extend the 

Pilot Program through July 12, 2007. See Securities 

Exchange Act Release No. 53684 (June 14, 2006), 71 

FR 35718 (June 21, 2006). 

9 15 U.S.C. 78s(b)(2). 

10 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

LEO special base rates, as adjusted by 

the applicable locality payment.’’

(2) Page 67452: Section III.D.5.—In 

the first sentence, insert ‘‘LEO special 

base rate,’’ after ‘‘GS rate,’’. 

(3) Page 67452. Section III.D.6. In the 

second sentence, insert ‘‘GS base’’ after 

‘‘maximum’’ and ‘‘or LEO special base 

rates’’ before ‘‘of each band’’. In the 

third sentence, insert ‘‘under 5 U.S.C. 

5305’’ after ‘‘special rates’’. 

(4) Page 67452: Section III.D.7. 

Replace ‘‘special salary rate’’ with 

‘‘special rate’’ throughout paragraph 7. 

In the first sentence, insert ‘‘under 5 

U.S.C. 5305’’ before ‘‘will be used’’. In 

the second sentence, replace ‘‘5 CFR 

530.303’’ with ‘‘5 CFR 530.304’’. 

(5) Page 67453: Section III.D.13. In the 

second sentence, insert ‘‘GS base rate, 

LEO special base rate,’’ before ‘‘locality 

rate’’ in the parenthetical. 

(6) Page 67453: Section III.D. 14. In 

the second sentence, insert ‘‘GS base 

rate, LEO special base rate,’’ before 

‘‘locality rate’’ in the parenthetical. 

(7) Page 67455: Section IV.A.1. In the 

first sentence, insert ‘‘or LEO special 

base schedule’’ after ‘‘GS base schedule’’

in the parenthetical. 

(8) Page 67455: Section IV.B.2. In the 

first sentence, insert ‘‘or LEO special 

base schedule’’ after ‘‘GS base schedule’’

in the parenthetical. 

(9) Page 67455: Section IV.B.3. In the 

third sentence, insert ‘‘or LEO special 

base rate’’ after ‘‘GS base rate’’. Delete 

the last parenthetical. 

(10) Page 67455—67456: Section 

IV.B.5. Delete all text in paragraph 5. 

after the first sentence. 

(11) Page 67456; Section IV.B.6. In the 

second sentence, replace ‘‘GS rate’’ with 

‘‘GS rates’’ and delete ‘‘of basic pay (or 

converted special rate, if applicable)’’. 

(12) Page 67456. Section IV.C. Replace 

last sentence with ‘‘(See 5 CFR 

531.407(b) for additional information on 

equivalent increase determinations.)’’

[FR Doc. 06–7210 Filed 8–24–06; 11:07 am] 

BILLING CODE 6325–43–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–54338; File No. SR–CBOE–

2006–49] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Order Approving a 

Proposed Rule Change and 

Amendment No. 1 Thereto To Allow 

Listing of Up to Seven Short-Term 

Options Series per Class 

August 21, 2006. 

On June 27, 2006, the Chicago Board 

Options Exchange, Incorporated 

(‘‘CBOE’’ or ‘‘Exchange’’), filed with the 

Securities and Exchange Commission 

(‘‘Commission’’), pursuant to section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

modify its short-term option series pilot 

program (‘‘Pilot Program’’) 3 to change 

the number of short-term series that may 

be listed in an options class from five to 

seven. The Exchange filed Amendment 

No. 1 with the Commission on July 11, 

2006.4 The amended proposal was 

published for comment in the Federal 

Register on July 19, 2006.5 No 

comments were received. This order 

approves the proposed rule change, as 

amended. 

The Pilot Program currently provides 

that the Exchange may open up to five 

short-term series for each expiration 

date in an approved class. CBOE has 

proposed to increase the maximum to 

seven. The Exchange has stated it would 

list approximately the same number of 

series with strike prices above and 

below the price of the underlying 

security or value of the index at about 

the time the series is opened. CBOE also 

proposed that, if the Exchange has 

opened less than seven series in a 

particular options class for a given 

expiration date, it could open additional 

series in that class if the Exchange 

deems it necessary to maintain an 

orderly market or meet customer 

demand, or when the current value of 

the underlying index moves 

substantially from the exercise price or 

prices of the series already opened. 

After careful review, the Commission 

finds that the proposal is consistent 

with the requirements of the Act and the 

rules and regulations thereunder 

applicable to a national securities 

exchange.6 In particular, the 

Commission believes that the proposal 

is consistent with the requirements of 

section 6(b)(5) of the Act,7 which 

requires, among other things, that the 

rules of a national securities exchange 

be designed to remove impediments to 

and perfect the mechanism of a free and 

open market and a national market 

system, to promote just and equitable 

principles of trade, and, in general, to 

protect investors and the public interest. 

The proposal is a reasonable expansion 

of a Pilot Program that offers the market 

potentially useful products while not 

appearing to raise any concerns about 

quote capacity.8

It is therefore ordered, pursuant to 

section 19(b)(2) of the Act,9 that the 

proposed rule change (File No. SR–

CBOE–2006–49), as amended, is 

approved. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.10

Nancy M. Morris, 

Secretary. 

[FR Doc. E6–14193 Filed 8–25–06; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–54336; File No. SR–CBOE–

2006–69] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to the Extension 

of a Pilot Program That Increases the 

Standard Position and Exercise Limits 

for Certain Options Traded on the 

Exchange 

August 18, 2006. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on August 9, 

2006, the Chicago Board Options 

Exchange, Incorporated (‘‘CBOE’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the CBOE. The Exchange has filed 

the proposal as a ‘‘non-controversial’’

rule change pursuant to Section 

mstockstill on PROD1PC61 with NOTICES