This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

4940

Vol. 62, No. 22

Monday, February 3, 1997

1Pub. L 92–603 repealed Titles 1, X, XIV, and XVI

of the Social Security Act, effective January 1, 1974,

except that ‘‘such repeal does not apply to Puerto

Rico, Guam, and the Virgin Islands.’’

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 900

RIN 3206–AH70

Intergovernmental Personnel Act

Programs; Standards for a Merit

System of Personnel Administration

AGENCY: Office of Personnel

Management.

ACTION: Proposed rule.

SUMMARY: The Office of Personnel

Management is revising the regulations

on the Standards for a Merit System of

Personnel Administration. The revision

reflects changes and revisions in laws or

regulations that require State and local

governments to establish and maintain

merit systems of personnel

administration. Specifically, the revised

regulations eliminate any implied

individual right of appeal to OPM,

eliminate obsolete references to the

Federal Personnel Manual, and provide

a current list of covered programs.

DATES: Comments must be received on

or before March 5, 1997.

ADDRESSES: Send or deliver written

comments to Carol J. Okin, Associate

Director, Office of Merit Systems

Oversight and Effectiveness, Office of

Personnel Management, Room 7470,

1900 E Street NW., Washington, DC

20415–0001.

FOR FURTHER INFORMATION CONTACT: Gary

L. Smith, 202–606–2980, FAX 202–606–

2663.

SUPPLEMENTARY INFORMATION: Section

900.606 of Subpart F, Standards for a

Merit System of Personnel

Administration, provided for

publication of procedures implementing

merit requirements in the Federal

Personnel Manual (FPM). No

procedures were ever issued under the

FPM system which was abolished

December 31, 1993. The section was

unnecessary and is being withdrawn to

be consistent with the sunset of the

FPM. Appendix A is being revised to

reflect changes in laws and regulations

that have occurred since 1983 when the

list of pertinent laws and regulations

was last revised.

Our 1983 revisions to these

regulations promoted flexibility and

innovation at the State and local levels

by eliminating standardized, detailed

requirements. These new revisions

continue that emphasis, and are

consistent with the Intergovernmental

Personnel Act’s requirement to

minimize Federal intervention in State

and local government personnel

administration. Consequently, we are

modifying regulations at 5 CFR

900.604(b)(3) that require the Chief

Executive to resolve compliance issues

‘‘to the satisfaction of the Office of

Personnel Management.’’ We are doing

this for two reasons. First, OPM has no

independent authority to adjudicate

individual complaints. The Act restricts

OPM from exercising ‘‘authority,

direction or control over the selection,

assignment, advancement, retention,

compensation, or other personnel action

with respect to any individual State or

local employee.’’ Second, the respective

statutes which require State or local

governments to establish merit systems

do so pursuant to proper and efficient

grants administration. We believe that

issues of merit systems compliance

should be raised and addressed in the

context of State or local government

performance in grants administration,

and that this is appropriately done by or

under the direction of the Federal

grantor agency. Therefore, OPM’s policy

will be to accept allegations of noncompliance with the standards only

from grantor agencies. As required by

the Act, OPM will continue to provide,

when requested, interpretation, advice,

and technical assistance when such

issues arise.

Regulatory Flexibility Act

I certify that this regulation will not

have a significant economic impact on

a substantial number of small entities

because it imposes no new requirements

on State or local governments.

List of Subjects in 5 CFR Part 900

Administrative practice and

procedure, Civil rights, Government

employees, Individuals with

disabilities, Intergovernmental relations.

U.S. Office of Personnel Management.

James B. King,

Director.

Accordingly, OPM proposes to amend

part 900 subpart F, of title 5, Code of

Federal Regulations, as follows:

PART 900—INTERGOVERNMENTAL

PERSONNEL ACT PROGRAMS

1. The authority citation for part 900,

subpart F, continues to read as follows.

Authority: 42 U.S.C. 4728, 4763; E. O.

11589, 3 CFR part 557. (1971–1975

Compilation).

2. In § 900.604 paragraph (b)(3) is

revised and paragraph (b)(4) is added,

§ 900.606 is removed, and Appendix A

is revised to read as follows.

§ 900.604 Compliance.

* * * * *

(b) * * *

(3) When a chief executive requests

the assistance of the Office of Personnel

Management, the Office will provide

consultation and technical advice to aid

the State or local government in

complying with the Standards.

(4) The Office of Personnel

Management will advise Federal

agencies on application of the Standards

in resolving compliance issues and will

recommend actions to carry out the

purposes of the Intergovernmental

Personnel Act. Questions regarding

interpretation of the Standards will be

referred to the Office of Personnel

Management.

§ 900.606 [Removed]

Appendix A to Subpart F—Standards

for a Merit System of Personnel

Administration

Part I

The following programs have a statutory

requirement for the establishment and

maintenance of personnel standards on a

merit basis.

Program, Legislation, and Statutory

Reference

Food Stamp, Food Stamp Act of 1977, as

amended; 7 U.S.C. 2020(e)(6)(B).

Old-Age Assistance, Social Security Act

(Title 1), as amended by the Social Security

Act Amendments of 1939, section 101, on

August 10, 1939; 42 U.S.C. 302(a)(5)(A).1
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules 4941

Employment Security (Unemployment

Insurance and Employment Services), Social

Security Act (Title III), as amended by the

Social Security Act Amendments of 1939,

Section 301, on August 10, 1939, and the

Wagner-Peyser Act, as amended by Pub. L.

81–775, section 2, on September 8, 1950; 42

U.S.C. 503(a)(1) and 29 U.S.C. 49d(b).

Aid to Families with Dependent Children,

Social Security Act (Title IV–A), as amended

by the Social Security Act Amendments of

1939, section 401, on August 10, 1939; 42

U.S.C. 602(a)(5).

Aid to the Blind, Social Security Act (Title

X), as amended by the Social Security Act

Amendments of 1939, section 701, on August

10, 1939; 42 U.S.C. 1202(a)(5)(A).1

Aid to the Permanently and Totally

Disabled, Social Security Act (Title XIV), as

amended by the Social Security Act

Amendments of 1950, section 1402, on

August 28, 1950; 42 U.S.C. 1352(a)(5)(A).1

Aid to the Aged, Blind or Disabled. Social

Security Act (Title XVI), as amended by the

Public Welfare Amendments of 1962, section

1602, on July 25, 1962; 42 U.S.C.

1382(a)(5)(A).1

Medical Assistance (Medicaid), Social

Security Act (Title XIX), as amended by the

Social Security Amendments of 1965, section

1902, on July 30,1965; 42 U.S.C.

1396(a)(4)(A).

State and Community Programs on A&V

(Older Americans), Older Americans Act of

1965 (Title III), as amended by the

Comprehensive Older Americans Act

Amendments of 1976, section 307 on October

18,1978; 42 U.S.C. 3027(a)(4).

Foster Care and Adoption Assistance,

Social Security Act (Title IV–E) as amended

by the Adoption Assistance and Child

Welfare Act of 1980; 42 U.S.C. 671(a)(5).

Part II

The following programs have a regulatory

requirement for the establishment and

maintenance of personnel standards on a

merit basis.

Program, Legislation, and Regulatory

Reference

Occupational Safety and Health Standards,

Williams-Steiger Occupational Safety and

Health Act of 1970; Occupational Safety and

Health State Plans for the Development and

Enforcement of State Standards; Department

of Labor, 29 CFR 1902.3(h).

Occupational Safety and Health Statistics,

Williams-Steiger Occupational Safety and

Health Act of 1970; BLS Grant Application

Kit, May 1, 1973, Supplemental Assurance

No. 15A.

Robert T. Stafford Disaster Assistance and

Emergency Relief Act (42 U.S.C. 5196b), as

amended; 44 CFR 302.4.

[FR Doc. 97–2616 Filed 1–31–97; 8:45 am]

BILLING CODE 6325–01–P

DEPARTMENT OF ENERGY

Office of Civilian and Radioactive

Waste Management

10 CFR Part 960

RIN 1901–1172

General Guidelines for the

Recommendation of Sites for Nuclear

Waste Repositories

AGENCY: Office of Civilian Radioactive

Waste Management, Energy.

ACTION: Proposed rule; extension of

public comment period.

SUMMARY: In response to requests from

several interested persons, the

Department of Energy has granted

additional time to comment on

proposed amendments to 10 CFR part

960 that were published at 61 FR 66157

December 16, 1996.

DATES: Comments should be received no

later than March 17, 1997.

ADDRESSES: All written comments are to

be submitted to April V. Gil, U.S.

Department of Energy, Office of Civilian

Radioactive Waste Management, Yucca

Mountain Site Characterization Office,

P.O. Box 98608, or provided by

electronic mail to

10 CFR960@notes.ymp.gov.

FOR FURTHER INFORMATION CONTACT:

April V. Gil, U.S. Department of Energy,

Office of Civilian Radioactive Waste

Management, Yucca Mountain Site

Characterization Office, P.O. Box 98608,

Las Vegas, Nevada 89193–8608, (800)

967–3477.

Issued in Washington, D.C. on this 28th

day of January, 1997.

Lake H. Barrett,

Acting Director, U.S. Department of Energy,

Office of Civilian Radioactive Waste

Management.

[FR Doc. 97–2553 Filed 1–31–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–108–AD]

RIN 2120–AA64

Airworthiness Directives; Bombardier

Model CL–600–2B19 (Regional Jet

Series 100) Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to certain

Bombardier Model CL–600–2B19

(Regional Jet Series 100) series

airplanes. That AD currently requires

revisions to the Airplane Flight Manual

(AFM) to advise the flight crew of the

need to perform daily checks to verify

proper operation of the elevator control

system, and to restrict altitude and

airspeed operations under certain

conditions. That AD also requires

removal of all elevator flutter dampers.

That AD was prompted by reports that

the installation of certain shear pins

may jam or restrict movement of the

elevator. The actions specified by that

AD are intended to prevent such

jamming or restricting movement of the

elevator and the resultant adverse effect

on the controllability of the airplane.

This new proposed action would add

inspections of certain airplanes to detect

deformation or discrepancies of the

flutter damper hinge fittings and lug of

the horizontal stabilizer, the elevator

hinge/damper fitting, and the shear pin

lugs; and require replacement of

discrepant parts with serviceable parts.

This proposed action also would require

installation of new elevator flutter

dampers, and replacement of shear pins

and shear links with new, improved

pins and links.

DATES: Comments must be received by

March 14, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

108–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Bombardier, Inc., Canadair, Aerospace

Group, P.O. Box 6087, Station Centreville, Montreal, Quebec H3C 3G9,

Canada. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at

the FAA, Engine and Propeller

Directorate, New York Aircraft

Certification Office, 181 South Franklin

Avenue, Valley Stream, New York.

FOR FURTHER INFORMATION CONTACT:

Franco Pieri, Aerospace Engineer,

Airframe and Propulsion Branch, ANE–

171, New York Aircraft Certification

Office, FAA, Engine and Propeller

Directorate, 10 Fifth Street, Third Floor,

Valley Stream, New York 11581;