This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

20701 

Vol. 72, No. 80 

Thursday, April 26, 2007 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 591 

RIN 3206–AL07 

Allowances and Differentials 

AGENCY: Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: The Office of Personnel 

Management is issuing final regulations 

to increase the maximum annual 

uniform allowance rate from $400 to 

$800. When civilian Federal employees 

are required to wear a uniform in the 

performance of their duties, agencies 

must pay a uniform allowance or 

furnish a uniform. 

DATES: The regulations are effective on 

May 29, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Kitchelt, by telephone at (202) 

606–2858; by fax at (202) 606–0824; or 

by e-mail at pay-performancepolicy@opm.gov. 

SUPPLEMENTARY INFORMATION: On June 

30, 2006, the Office of Personnel 

Management (OPM) issued proposed 

regulations (71 FR 37507) to increase 

the maximum annual uniform 

allowance rate. Under 5 U.S.C. 5901, 

when civilian Federal employees are 

required to wear a uniform in the 

performance of their duties, agencies 

must pay a uniform allowance or 

furnish a uniform. OPM proposed to 

increase the maximum annual uniform 

allowance rate from $400 to $500. The 

60-day comment period ended on 

August 29, 2006. During the comment 

period, OPM received comments from 

nine individuals, two labor 

organizations, one agency, and one 

professional association. The comments 

are addressed in this final rule. 

Increasing the Maximum Annual 

Uniform Allowance Rate 

Under 5 U.S.C. 5902, OPM may, from 

time to time, adjust the maximum 

annual uniform allowance granted to 

employees for the cost of their uniforms. 

The rate has not been increased since 

1991. On June 30, 2006, OPM issued 

proposed regulations in 5 CFR 591.103 

to increase the maximum annual 

uniform allowance rate from $400 to 

$500. OPM’s proposed increase was 

based on the Bureau of Labor Statistics’ 

Producer Price Index—Commodities 

(Seasonally Adjusted), which showed 

an increase of 24 percent between 

January 1991 and January 2005. Most of 

the commenters supported OPM’s 

proposal to increase the maximum 

annual uniform allowance rate but 

suggested that the rate needed to be 

increased to an amount higher than 

$500. Two individuals objected to the 

proposed increase in the maximum 

annual uniform allowance rate. 

The commenters identified specific 

categories of employees in uniforms 

(e.g., firefighters) that require protective 

clothing which must meet certain 

professional standards. The commenters 

noted the protective clothing is 

expensive because the quality of such 

clothing is continuously improving due 

to technological advancements in the 

materials (i.e., Nomex) used to make it. 

The professional association 

recommended an increase to $800. 

We agree that expensive specialized 

clothing may be required for certain 

categories of employees and should be 

considered in determining a maximum 

annual uniform allowance rate. 

Therefore, we are amending 5 CFR 

591.103 to provide a maximum annual 

uniform allowance rate of $800. 

Although agencies will now be 

permitted to pay an annual uniform 

allowance rate up to a maximum rate of 

$800 a year, it is not anticipated or 

expected that every employee who is 

required to wear a uniform will receive 

the maximum rate of $800 per year. 

Agencies are in the best position to 

identify and manage the specific 

uniform allowance needs of their 

employees. 

We note that although OPM has sole 

authority to adjust the maximum annual 

uniform allowance granted to 

employees for maintaining uniforms (5 

U.S.C. 5902 and 5 CFR 591.103), 

agencies have discretionary authority to 

establish a higher initial maximum 

uniform allowance rate under 5 CFR 

591.104. An agency must publish a 

notice in the Federal Register with a 

description and justification for 

establishing a higher initial maximum 

uniform allowance rate. 

One labor organization recommended 

that OPM require agencies to provide 

uniforms when the safety of the 

employee is involved. We have not 

adopted this recommendation because 

OPM does not have the authority to 

implement such a requirement. Under 5 

U.S.C. 5901(a), an agency must 

determine whether to furnish a uniform 

or pay a uniform allowance to its 

employees who are required to wear a 

uniform. 

Agency Uniform Allowance Policy 

An individual recommended that 

agencies be required to establish a 

policy for paying uniform allowances to 

ensure that uniforms are maintained 

appropriately and the allowance is used 

solely to maintain uniforms. Although 

we believe agencies have already 

established such policies in writing or 

in practice, as we adopt a new annual 

uniform allowance rate that is twice the 

amount of the previous rate, we agree 

OPM’s regulations should make this 

requirement explicit. We have added a 

new paragraph (c) to 5 CFR 591.103 to 

require that any agency which provides 

a uniform allowance must establish 

policies to administer the uniform 

allowance program and such policies 

must contain uniform standards 

acceptable to the agency but we defer to 

agencies to develop specific provisions 

of the policy. At a minimum, OPM 

expects such policies will (1) Identify 

the category of employees required to 

wear uniforms, (2) establish 

requirements for determining the annual 

uniform allowance rate based on the 

specific uniform needs of each category 

of employees, (3) require employees to 

provide evidence acceptable to the 

agency of the employee’s purchase of 

one or more uniforms (e.g., receipts), 

and (4) require employees to obtain 

uniforms that meet standards acceptable 

to the agency. Agencies may use any 

standards acceptable to them to 

determine uniform appearance, and any 

other specialized uniform requirements 

such as safety requirements, if 

appropriate. 


pwalker on PROD1PC71 with RULES
20702 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 

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 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 591 

Government employees, Travel and 

transportation expenses, Wages. 

Office of Personnel Management. 

Linda M. Springer, 

Director. 

■ Accordingly, OPM is amending 5 CFR 

part 591 as follows: 

PART 591—ALLOWANCES AND 

DIFFERENTIALS 

Subpart A—Uniform Allowances 

■ 1. The authority citation for subpart A 

of part 591 continues to read as follows: 

Authority: 5 U.S.C. 5903; E.O. 12748, 3 

CFR 1991 Comp., p. 316. Source: 59 FR 

43705, Aug. 25, 1994, unless otherwise 

noted. 

■ 2. In § 591.103, paragraphs (a) and (b) 

are revised and a new paragraph (c) is 

added to read as follows: 

§ 591.103 Governmentwide maximum 

uniform allowance rate. 

* * * * * 

(a) Pay an allowance for a uniform not 

to exceed $800 a year; or 

(b) Furnish a uniform at a cost not to 

exceed $800 a year. 

(c) Any agency which provides a 

uniform allowance under paragraph (a) 

of this section must establish policies to 

administer the uniform allowance 

program, including uniform standards 

acceptable to the agency. 

[FR Doc. E7–7959 Filed 4–25–07; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

Cooperative State Research, 

Education, and Extension Service 

7 CFR Part 3403 

RIN 0524–AA31 

Small Business Innovation Research 

Grants Program 

AGENCY: Cooperative State Research, 

Education, and Extension Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The Cooperative State 

Research, Education, and Extension 

Service (CSREES) is revising the Small 

Business Innovation Research (SBIR) 

Grants Program Administrative 

Regulations to implement changes and 

be compliant with the Small Business 

Innovation Research Policy Directive 

(67 FR 60072, September 24, 2002). 

DATES: This rule is effective April 26, 

2007. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Deborah Sheely, Director, Integrated 

Programs, Competitive Programs Unit, 

Cooperative State Research, Education, 

and Extension Service, USDA, STOP 

2241, 1400 Independence Avenue, SW., 

Washington, DC 20250–2241; 

Telephone: (202) 401–1924; E-mail: 

dsheely@csrees.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

On May 18, 2006, CSREES published 

a Proposed Rule (71 FR 28780, May 18, 

2006) to revise the Small Business 

Innovation Research Grants Program 

Administrative Regulations. In the 

Proposed Rule, CSREES invited 

comments which were due to the 

Agency contact by June 19, 2006. We 

did not receive any comments. In 

section 3403.8, we have deleted 

reference to ‘‘the project period 

normally should not exceed six 

months’’ in anticipation of potential 

changes of a similar requirement in the 

SBA Policy Directive. Changes were 

made to sections 3403.7 and 3403.8 in 

accordance with the new application 

forms. In section 3404.11, 

‘‘resubmission’’ has been added as one 

of the factors in the final decisions that 

will be made by USDA. 

In 1982, Congress enacted the Small 

Business Innovation Development Act 

of 1982, Public Law 97–219 (15 U.S.C. 

638), which established the Small 

Business Innovation Research (SBIR) 

Program. The statutory purpose of the 

SBIR Program is to strengthen the role 

of innovative small business concerns in 

Federally-funded research and research 

and development (R/R&D). The SBIR 

Program is a phased process, uniform 

throughout the Federal Government, of 

soliciting proposals and awarding 

funding agreements for R/R&D to meet 

stated agency needs or missions. To 

stimulate and foster scientific and 

technological innovation, including 

increasing commercialization of Federal 

R/R&D, the program must follow a 

uniform competitive process. 

In December of 2000, Congress 

enacted the Small Business Innovation 

Research Program Reauthorization Act 

of 2000, Public Law 106–554. The 

Reauthorization Act extends the SBIR 

Program through September 30, 2008, 

and requires the Small Business 

Administration (SBA) to clarify that 

rights to data generated during the 

performance of an SBIR award apply to 

all SBIR awards. In addition, the Act 

requires that each application for a 

Phase II award contain a succinct 

commercialization plan. 

On September 24, 2002, the SBA 

revised the SBIR Program Policy 

Directive to reflect statutory 

amendments to the SBIR Program, and 

provided guidance to Federal agencies 

for the general conduct of the program. 

The U.S. Department of Agriculture 

participates in the SBIR Program 

through the issuance of competitive 

research grants by CSREES. The Agency 

proposed revising the existing rule, at 7 

CFR Part 3403, to comply with recent 

statutory revisions and changes to the 

SBA Policy Directive. 

The following definitions have been 

added to clarify the provisions and in 

compliance with the Policy Directive: 

Intellectual Property; Innovation; Joint 

Venture; Outcomes and Outputs; 

Authorized Departmental Officer; 

Authorized Organizational 

Representative; Essentially Equivalent 

Work; SBIR Technical Data Rights; SBIR 

Technical Data; SBIR Participants; 

Prototype; Research Project Grant; Small 

Business Concern; and Socially and 

Economically Disadvantaged Small 

Business Concern. In addition, in Part 

3403.4, language was added to clarify 

the eligibility of Phase I recipients, 

specifically allowing those 

organizations receiving Phase I rights 

via successor-in-interest or novation 

agreements to be eligible to receive 

Phase II awards. In addition, language 

clarifying the timing of the submission 

of Phase II proposals during the funding 

cycle was added. In Part 3403.5 the 

mention of specific forms was deleted in 

anticipation of electronic submission of 

proposals. The requirement was 

inserted into Part 3403.7 that a small 

business concern that is submitting a 

proposal for a Phase I award must 

document the extent to which it was 

able to secure Phase III funding if it has 

received more than 15 Phase II awards 

during the preceding five years. 

Classification 

This rule has been reviewed under 

Executive Order 12866, and it has been 

determined that it is not a ‘‘significant 

regulatory action’’ rule because it will 

not have an annual effect on the 

economy of $100 million or more or 

adversely affect a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 


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