Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Proposed Rules 59301

List of Subjects in 5 CFR Part 532

Administrative practice and

procedure, Freedom of information,

Government employees, Reporting and

recordkeeping requirements, Wages.

Office of Personnel Management.

Janice R. Lachance,

Acting Director.

Accordingly, OPM proposes to amend

5 CFR part 532 as follows:

PART 532—PREVAILING RATE

SYSTEMS

1. The authority citation for part 532

continues to read as follows:

Authority: 5 U.S.C. 5343, 5346; § 532.707

also issued under 5 U.S.C. 552.

Appendix C to Subpart B of Part 532

[Amended]

2. Appendix C to subpart B is

amended by revising the wage area

listings for the Newburgh, New York,

and New York, New York, wage area to

read as follows: Appendix C to Subpart

B of Part 532—Appropriated Fund Wage

and Survey Areas.

* * * * *

New York

* * * * *

Newburgh

Survey Area

New York:

Dutchess

Orange

Ulster

Area of Application. Survey area plus:

New York:

Delaware

Sullivan

New York

Survey Area

New York:

Bronx

Kings

Nassau

New York

Queens

Suffolk

Westchester

New Jersey:

Bergen

Essex

Hudson

Middlesex

Morris

Passaic

Somerset

Union

Area of Application. Survey area plus:

New York:

Putnam

Richmond

Rockland

New Jersey:

Monmouth

Sussex

* * * * *

[FR Doc. 97–28971 Filed 10–31–97; 8:45 am]

BILLING CODE 6325–01–M

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 630

RIN: 3206–AI03

Emergency Leave Transfer Program

AGENCY: Office of Personnel

Management.

ACTION: Proposed rule with request for

comments.

SUMMARY: The Office of Personnel

Management is issuing proposed

regulations governing the establishment

of an emergency leave transfer program

to permit the transfer of unused annual

leave to Federal employees adversely

affected by a major disaster or

emergency, as declared by the President.

DATES: Comments must be received on

or before January 2, 1998.

ADDRESSES: Comments may be sent or

delivered to Donald J. Winstead,

Assistant Director for Compensation

Administration, Office of Personnel

Management, Room 7H31, 1900 E Street

NW., Washington, DC 20415; FAX (202)

606–0824; or email to

payleave@opm.gov.

FOR FURTHER INFORMATION CONTACT: Jo

Ann Perrini, (202) 606–2858, FAX (202)

606–0824, or email to

payleave@opm.gov.

SUPPLEMENTARY INFORMATION: Section

9004 of Pub. L. 105–18, June 12, 1997,

added section 6391 to title 5, United

States Code, to provide that in the event

of a major disaster or emergency, as

declared by the President, that results in

severe adverse effects for a substantial

number of employees, the President

may direct the Office of Personnel

Management (OPM) to establish an

emergency leave transfer program under

which an employee in any Executive

agency may donate annual leave for

transfer to employees of his or her

agency or to employees in other

agencies who are adversely affected by

such disaster or emergency. The Act

also permits agency leave banks

established under 5 U.S.C. 6362 to

donate leave under an emergency leave

transfer program established by OPM.

The Federal leave sharing program

has proven to be an effective and costefficient means of allowing Federal

employees to help their fellow workers

in times of need. Under the current

voluntary leave transfer program

established under 5 U.S.C. 6332, an

employee may donate unused annual

leave for transfer to other Federal

employees who have medical

emergencies and who have exhausted

their own leave. The emergency leave

transfer program will be in addition to

the voluntary leave transfer and leave

bank programs and will provide leave

benefits specific to the needs of

employees affected by major disasters or

emergencies. The emergency leave

transfer program will permit employees

to donate annual leave to employees

who do not necessarily face a medical

emergency but who need to take leave

because of other effects of disasters or

emergencies, such as a flood or an

earthquake that has destroyed an

employee’s property or an emergency

situation such as that created by the

Oklahoma City bombing on April 19,

1995. In addition, employees approved

as emergency leave recipients under the

emergency leave transfer program will

be able to use donated leave without

having to exhaust their own accrued

and accumulated annual and sick leave.

Establishment of Emergency Leave

Bank

When directed by the President, OPM

will establish an emergency leave

transfer program for a major disaster or

emergency that is declared by the

President under which employees may

transfer their unused annual leave to

employees in their own agencies or

other agencies who are adversely

affected by the disaster or emergency.

We anticipate that the authority to

establish an emergency leave transfer

program for an emergency or disaster

declared by the President will be

exercised only after appropriate

consultation with the agencies affected

by the emergency or disaster. OPM will

establish and maintain an emergency

leave bank for each such disaster or

emergency that will contain the

aggregate amount of annual leave

donated by emergency leave donors in

the agencies for a specific disaster or

emergency. OPM will coordinate the

transfer of donated annual leave from

each agency to the emergency leave

bank. An emergency leave donor may

not contribute annual leave for transfer

to a specific emergency leave recipient

under this program. However, an

employee may continue to donate his or

her unused annual leave to a specific

leave recipient under the separate

authority for voluntary leave transfer in
59302 Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Proposed Rules

5 U.S.C. 6332 and must follow the rules

governing that program.

Each agency will be responsible for

approving an emergency leave recipient

and determining the amount of donated

annual leave to be transferred to each of

its approved emergency leave

recipients. The agency must notify OPM

of the aggregate amount of donated

annual leave needed for transfer from

the emergency leave bank to its

approved emergency leave recipients.

The minimum amount of annual leave

an emergency leave donor may

contribute in a leave year is 1 hour, and

the maximum is 104 hours. In unusual

situations, OPM may waive the

limitations on donating annual leave.

To ensure that a sufficient amount of

donated annual leave is available for all

affected employees, emergency leave

recipients may receive a maximum of

240 hours of donated leave at any one

time from the emergency leave bank for

each disaster or emergency. Emergency

leave recipients may substitute donated

leave retroactively for any period of

leave without pay or advanced annual

or sick leave used as result of the

disaster or emergency. In addition,

while an emergency leave recipient is in

a shared leave status (i.e., using donated

leave to recover from the disaster or

emergency), annual and sick leave will

continue to accrue to the credit of the

employee without limitation. Any

accrued annual leave is subject to the

maximum annual leave ceilings

established by 5 U.S.C. 6304(a), (b), (c),

or (f).

Termination of Disaster or Emergency

Annual leave donated to an

emergency leave bank for a specific

disaster or emergency cannot be

transferred to another emergency leave

bank. When a disaster or emergency

terminates, OPM will return to the

donating agencies any donated annual

leave that was not used by the

emergency leave recipients. The amount

of donated leave returned will be

proportional to the amount of annual

leave donated by the agency to the

emergency leave bank for the disaster or

emergency. Each agency will be

responsible for determining the amount

of returned annual leave to be restored

to each of its emergency leave donors

based on agency records of the amount

of annual leave donated by the leave

donor.

Redesignating Subpart K—Reservist

Leave Bank Program

Subpart K of 5 CFR part 630, Reservist

Leave Bank Program, is redesignated in

its entirety as subpart M of 5 CFR part

630. The proposed rules for the new

Emergency Leave Transfer Program are

added as subpart K of 5 CFR part 630.

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 will not

have a significant economic impact on

a substantial number of small entities

because they will affect only Federal

employees and agencies.

List of Subjects in 5 CFR Part 630

Government employees.

Office of Personnel Management.

Janice R. Lachance,

Acting Director.

Accordingly, OPM is amending part

630 of title 5 of the Code of Federal

Regulations as follows:

PART 630—ABSENCE AND LEAVE

1. The authority citation for part 630

is revised to read as follows:

Authority: 5 U.S.C. 6311; § 630.301 also

issued under Pub. L. 103–356, 108 Stat. 3410;

§ 630.303 also issued under 5 U.S.C. 6133(a);

§§ 630.306 and 630.308 also issued under 5

U.S.C. 6304(d)(3), Pub. L. 102–484, 106 Stat.

2722, and Pub. L. 103–337, 108 Stat. 2663;

subpart D also issued under Pub. L. 103–329,

108 Stat. 2423; § 630.501 and subpart F also

issued under E.O. 11228, 30 FR 7739, 3 CFR,

1974 Comp., p. 163; subpart G also issued

under 5 U.S.C. 6305; subpart H also issued

under 5 U.S.C. 6326; subpart I also issued

under 5 U.S.C. 6332, Pub. L. 100–566, 102

Stat. 2834, and Pub. L. 103–103, 107 Stat.

1022; subpart J also issued under 5 U.S.C.

6362, Pub. L 100–566, and Pub. L. 103–103;

subpart K also issued under Pub. L. 102–25,

105 Stat. 92; subpart L also issued under 5

U.S.C. 6387 and Pub. L. 103–3, 107 Stat. 23;

and subpart M also issued under 5 U.S.C.

6391 and Pub. L. 105–18, 111 Stat. 158.

2. In part 630, subpart K (consisting

of §§ 630.1101 through 630.1109) is

redesignated as subpart M (consisting of

§§ 630.1301 through 630.1309); a new

subpart K (consisting of §§ 630.1101

through 630.1106) is added; and in the

newly redesignated subpart M, for each

section indicated in the left column, the

citations in the middle column are

removed wherever they appear in the

section, and the citations in the right

column are added to read as follows:

Subpart K—Emergency Leave Transfer

Program

Sec.

630.1101 Purpose, applicability, and

administration.

630.1102 Definitions.

630.1103 Establishment of emergency leave

transfer program.

630.1104 Transfer of annual leave.

630.1105 Limitations on donation and use

of annual leave.

630.1106 Termination of disaster or

emergency.

Subpart K—Emergency Leave Transfer

Program

§ 630.1101 Purpose, applicability, and

administration.

(a) Purpose. This subpart provides

regulations to implement section 6391

of title 5, United States Code, and must

be read together with section 6391.

Section 6391 of title 5, United States

Code, provides that in the event of a

major disaster or emergency, as declared

by the President, that results in severe

adverse effects for a substantial number

of employees, the President may direct

the Office of Personnel Management

(OPM) to establish an emergency leave

transfer program under which an

employee may donate unused annual

leave for transfer to employees of his or

her agency or to employees in other

Executive agencies who are adversely

affected by such disaster or emergency.

(b) Applicability. This subpart applies

to any individual who is defined as an

‘‘employee’’ in 5 U.S.C. 6331(1) and

who is employed in an Executive

agency.

(c) Administration. The head of each

agency having employees subject to this

subpart is responsible for the proper

administration of this subpart. Each

Federal agency shall establish and

administer procedures to permit the

voluntary transfer of annual leave

consistent with this subpart.

§ 630.1102 Definitions.

In this subpart—

Agency means an ‘‘Executive agency,’’

as defined in 5 U.S.C. 105.

Disaster or emergency means a major

disaster or emergency, as declared by

the President, that results in severe

adverse effects for a substantial number

of employees (e.g., loss of life or

property, serious injury, or mental

illness as a result of direct threat to life

or health).

Emergency leave bank means a pooled

fund of annual leave established by

OPM under § 630.1103(b) for employees

who are adversely affected by a disaster

or emergency.

Emergency leave donor means a

current employee whose voluntary

written request for transfer of annual

leave to an emergency leave bank is

approved by his or her employing

agency.

Emergency leave recipient means a

current employee for whom the

employing agency has approved an
Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Proposed Rules 59303

application to receive annual leave from

an emergency leave bank.

Emergency shared leave status means

the administrative status of an employee

while the employee is using leave

transferred from an emergency leave

bank.

Employee has the meaning given that

term in 5 U.S.C. 6331(1).

Leave year has the meaning given that

term in § 630.201.

Paid leave status under subchapter I

has the meaning given that term in

§ 630.902.

§ 630.1103 Establishment of emergency

leave transfer program.

(a) When directed by the President,

OPM will establish an emergency leave

transfer program for a major disaster or

emergency that is declared by the

President. The emergency leave transfer

program will permit an employee to

donate his or her accrued annual leave

for transfer to employees of the same or

other Executive agencies who are

adversely affected by such disaster or

emergency.

(b) OPM will establish an emergency

leave bank for each disaster or

emergency for which the President

directs OPM to establish an emergency

leave transfer program. Each emergency

leave bank established under this

paragraph will contain the aggregate

amount of annual leave donated by

emergency leave donors to employees

affected by the disaster or emergency for

which the emergency leave bank was

established. OPM will determine the

period of time for which donations of

accrued annual leave may be accepted

for each emergency leave bank.

(c) Each Federal agency shall—

(1) Accept annual leave donated by

emergency leave donors for each

declared disaster or emergency;

(2) Debit the amount of annual leave

donated to an emergency leave bank

from each emergency leave donor’s

annual leave account;

(3) Maintain records on the amount of

leave donated by each emergency leave

donor for a specific emergency leave

bank (for the purpose of restoring

unused transferred annual leave under

§ 630.1105(i)); and

(4) Report the aggregate amount of

annual leave donated to an emergency

leave bank to OPM.

(d) A leave bank established under

subchapter IV of chapter 63 of title 5,

United States Code, and subpart J of this

part 630 may, with the concurrence of

the leave bank board established under

§ 630.1003, donate annual leave to an

emergency leave bank.

§ 630.1104 Transfer of annual leave.

(a) An employee may submit a

voluntary written request to his or her

employing agency that a specified

number of hours of his or her accrued

annual leave, consistent with the

limitations in § 630.1105(a), be

transferred from his or her annual leave

account to an emergency leave bank

established under § 630.1103(b). An

emergency leave donor may not donate

annual leave for transfer to a specific

emergency leave recipient under this

subpart.

(b) OPM will notify each affected

agency of the aggregate amount of

donated annual leave that will be

credited to the agency for transfer by the

agency to its approved emergency leave

recipient(s).

(c) An employee who has been

affected by a disaster or emergency (or

his or her personal representative) may

make written application to his or her

employing agency to become an

emergency leave recipient. The

employee’s application shall include a

statement describing his or her need for

leave from an emergency leave bank.

(d) Each affected agency shall—

(1) Take action to approve or

disapprove a request to become an

emergency leave recipient based on

evidence administratively acceptable to

the agency;

(2) Determine the amount of donated

annual leave to be transferred to each

emergency leave recipient (an amount

that may vary according to individual

needs);

(3) Notify OPM of the total number of

approved emergency leave recipients

and the aggregate amount of donated

annual leave needed for transfer from

the emergency leave bank; and

(4) Credit the annual leave account of

each approved emergency leave

recipient as soon as possible after the

date OPM notifies the agency of the

amount of donated annual leave that

will be credited to the agency under

paragraph (b) of this section.

§ 630.1105 Limitations on donation and

use of annual leave.

(a) An emergency leave donor may

not contribute less than 1 hour nor more

than 104 hours of annual leave in a

leave year. In unusual situations, OPM

may waive the maximum limitation on

donating annual leave under this

section.

(b) Annual leave donated under this

subpart may not be applied against the

limitations on annual leave that may be

donated under the voluntary leave

transfer or leave bank programs

established under 5 U.S.C. 6332 and

6362, respectively.

(c) An emergency leave recipient may

receive a maximum of 240 hours of

donated annual leave at any one time

from an emergency leave bank for each

disaster or emergency.

(d) Each emergency leave recipient

shall use the donated annual leave for

purposes related to the disaster or

emergency for which the emergency

leave recipient was approved.

(e) Annual leave transferred under

this subpart may be—

(1) Substituted retroactively for any

period of annual leave, sick leave, or

leave without pay used as a result of the

disaster or emergency, or

(2) Used to liquidate an indebtedness

incurred by the emergency leave

recipient for advanced annual or sick

leave used as a result of the disaster or

emergency.

(f) While an emergency leave

recipient is in an emergency shared

leave status under this subpart, annual

and sick leave shall accrue to the credit

of the employee at the same rate as if the

employee were in a paid leave status

under subchapter I of chapter 63 of title

5, United States Code, and shall be

subject to the limitations imposed by 5

U.S.C. 6304(a), (b), (c), and (f) at the end

of the leave year in which the

transferred annual leave is received.

(g) Annual leave transferred under

this subpart may not be—

(1) Included in a lump-sum payment

under 5 U.S.C. 5551 or 5552;

(2) Made available for recredit under

5 U.S.C. 6306 upon reemployment by a

Federal agency; or

(3) Used to establish initial eligibility

for immediate retirement or acquire

eligibility to continue health benefits

into retirement under 5 U.S.C. 6302(g).

(h) When OPM determines that a

disaster or emergency has terminated

under § 630.1106(a)(1), OPM will return

to the donating agencies any annual

leave donated to an emergency leave

bank that is not used by an approved

emergency leave recipient. The amount

of remaining annual leave to be returned

to each agency will be proportional to

the amount of annual leave donated by

the agency to the emergency leave bank

for such disaster or emergency. Annual

leave donated to an emergency leave

bank for a specific disaster or emergency

may not be transferred to another

emergency leave bank.

(i) Under procedures established by

the donating agency, the agency shall

determine the amount of annual leave

returned under paragraph (h) of this

section to be restored to each of the

emergency leave donors who, on the

date leave restoration is made, is

employed by a Federal agency. At the

election of the emergency leave donor,
59304 Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Proposed Rules

unused transferred annual leave

restored to the emergency leave donor

under paragraph (h) of this section may

be restored by—

(1) Crediting the restored annual leave

to the emergency leave donor’s annual

leave account in the current leave year;

or

(2) Crediting the restored annual leave

to the emergency leave donor’s annual

leave account effective as of the first day

of the first leave year beginning after the

date of election.

§ 630.1106 Termination of disaster or

emergency.

The disaster or emergency affecting an

emergency leave recipient shall

terminate—

(a) When OPM determines that the

disaster or emergency has terminated;

(b) When the emergency leave

recipient’s Federal service terminates;

(c) At the end of the biweekly pay

period in which the emergency leave

recipient, or his or her personal

representative, notifies the employing

agency that he or she is no longer

affected by such disaster or emergency;

(d) At the end of the biweekly pay

period in which the employing agency

determines, after written notice from the

agency and an opportunity for the

emergency leave recipient, or his or her

personal representative, to answer orally

or in writing, that the emergency leave

recipient is no longer affected by such

disaster or emergency; or

(e) At the end of the biweekly pay

period in which the emergency leave

recipient’s employing agency receives

notice that OPM has approved an

application for disability retirement for

the emergency leave recipient under the

Civil Service Retirement System or the

Federal Employees’ Retirement System.

§§ 630.1304, 630.1308, and 630.1309

[Amended]

Section Remove Add

630.1304(c) ............................................................................ § 630.1109(b)(1) .................................................................... § 630.1309(b)(1).

630.1308(b) ............................................................................ § 630.1107 ............................................................................. § 630.1307.

630.1309(b)(1) and (d) ........................................................... § 630.1104(c) ......................................................................... § 630.1304(c).

630.1309(d) ............................................................................ § 630.1103(b) ......................................................................... § 630.1303(b).

[FR Doc. 97–28970 Filed 10–31–97; 8:45 am]

BILLING CODE 6325–01–P

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 304, 308, 310, 320, 327,

381, 416, and 417

[Docket No. 97–051N]

Reopening of Comment Period on the

Generic HACCP Models and Guidance

Materials

AGENCY: Food Safety and Inspection

Service.

ACTION: Proposed rule; reopening of

comment period.

SUMMARY: The Food Safety and

Inspection Service (FSIS) is announcing

the reopening of the comment period to

solicit additional public comment on

the 13 generic Hazard Analysis and

Critical Control Point (HACCP) models,

the Guidebook for the Preparation of

HACCP Plans, and Hazards and

Controls Guide for Meat and Poultry

Products. The comment period is being

reopened so that ongoing public

meetings on plant communication can

include further discussion on the

usefulness of the generic models and

guidance materials in preparing for

HACCP implementation.

DATES: Written comments on the generic

models and guidance materials must be

submitted on or before February 2, 1998.

ADDRESSES: The models, Guidebook,

and Guide may be viewed in the FSIS

Docket Reading Room, Room 102 Cotton

Annex Building, 300 12th Street, SW,

Washington, DC 20250–3700 and at

Government Depository Libraries

throughout the country. Comments on

the models and other documents should

be directed to Ms. Diane Moore, FSIS

Docket Clerk, at the above address.

FOR FURTHER INFORMATION CONTACT: Ms.

Patricia F. Stolfa, Assistant Deputy

Administrator, Regulations &

Inspection, Office of Policy, Program

Development, and Evaluation, Food

Safety and Inspection Service, at (202)

205–0699, FAX (202) 401–1760.

SUPPLEMENTARY INFORMATION: On July

25, 1996, FSIS published a final rule,

‘‘Pathogen Reduction; Hazard Analysis

and Critical Control Point (HACCP)

Systems’’ (61 FR 38806). This rule

introduces sweeping changes to the

meat and poultry inspection system and

directly targets pathogenic organisms on

those products that can cause foodborne

illness. In the preamble to the proposed

rule, FSIS announced it would develop

generic models to facilitate preparation

of mandated HACCP plans, especially

by ‘‘small’’ and ‘‘very small’’

establishments.

FSIS announced the availability of the

models and guidance materials on June

12, 1997, and solicited public comment

on those documents. (62 FR 32053) The

models included Generic HACCP Model

for Raw, Ground Meat and Poultry

Products; Generic HACCP Model for

Raw, Not Ground Meat and Poultry

Products; Generic HACCP Model for

Poultry Slaughter; Generic HACCP

Model for Mechanically Separated

(Species)/Mechanically Deboned

Poultry; Generic HACCP Model for

Thermally Processed Commercially

Sterile Meat and Poultry Products;

Generic HACCP Model for Irradiation;

Generic HACCP Model for Meat and

Poultry Products with Secondary

Inhibitors, Not Shelf-Stable; Generic

HACCP Model for Heat Treated, ShelfStable Meat and Poultry Products;

Generic HACCP Model for Not ShelfStable Heat Treated, Not Fully Cooked

Meat and Poultry Products; Generic

HACCP Model for Fully Cooked, Not

Shelf-Stable Meat and Poultry Products;

Generic HACCP Model for Beef

Slaughter; Generic HACCP Model for

Pork Slaughter; and Generic HACCP

Model for Not Heat Treated, ShelfStable Meat and Poultry Products. The

initial comment period expired on

August 11, 1997.

FSIS is reopening the comment period

to allow plant owners and operators to

further discuss the generic models and

other documents during the second

round of meetings held as part of the

Agency’s Plant Communications

Initiative. Seven meetings, including a

teleconference, are scheduled to be held

across the country from August 18

through December 6, 1997. FSIS is

interested in learning about the types of

technical assistance that would be

helpful to small plant managers in

development of their HACCP systems.