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

58901

Vol. 65, No. 192

Tuesday, October 3, 2000

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 591

RIN 3206–AJ26

Cost-of-Living Allowances (Nonforeign

Areas); Hawaii County, Kauai County,

Guam (Commissary/Exchange), Maui

County, Puerto Rico, and the U.S.

Virgin Islands

AGENCY: Office of Personnel

Management.

ACTION: Interim rule with request for

comments.

SUMMARY: The Office of Personnel

Management is publishing an interim

regulation to increase the cost-of-living

allowance (COLA) rates paid to certain

Federal employees in Hawaii, Guam,

Puerto Rico, and the U.S. Virgin Islands.

This regulation increases the COLA rate

for Hawaii County, HI, from 15 percent

to 16.5 percent; Kauai County, HI, from

22.5 percent to 23.25 percent; Maui

County, HI, from 22.5 percent to 23.75

percent; Guam (Commissary/Exchange)

from 20 percent to 22.5 percent; Puerto

Rico from 10 percent to 11.5 percent;

and the U.S. Virgin Islands from 20

percent to 22.5 percent. All other COLA

rates remain unchanged. The new rates

are the result of the settlement of

Caraballo et al. v. United States, Civil

No. 1997/27 (D.V.I.).

DATES: Effective Date: October 1, 2000.

Implementation date: First day of the

first pay period beginning on or after

October 1, 2000. Comment date: Submit

comments by December 4, 2000.

ADDRESSES: Send or deliver comments

to Donald J. Winstead, Assistant

Director for Compensation

Administration, Workforce

Compensation and Performance Service,

Office of Personnel Management, Room

7H31, 1900 E Street NW., Washington,

DC 20415–8200; FAX: (202) 606–4264;

or email: COLA@opm.gov.

FOR FURTHER INFORMATION CONTACT:

Donald L. Paquin, (202) 606–2838; FAX:

(202) 606–4264; or email at

COLA@opm.gov.

SUPPLEMENTARY INFORMATION: The Office

of Personnel Management (OPM) is

increasing the cost-of-living allowance

(COLA) rates paid to certain Federal

employees in Hawaii, Guam, Puerto

Rico, and the U.S. Virgin Islands. The

table below shows the new allowance

rates and the places where they apply.

The COLA rates in all other allowance

areas remain the same.

Allowance area

Old

COLA

rate1

New

COLA

rate1

Hawaii County .................. 15.00 16.50

Kauai County .................... 22.50 23.25

Maui County ..................... 22.50 23.75

Guam (Commissary/ .........

Exchange) ......................... 20.00 22.50

Puerto Rico ....................... 10.00 11.50

U.S. Virgin Islands ............ 20.00 22.50

1 In percent.

OPM is making these changes

pursuant to section 9 and Exhibit C of

the stipulation for settlement of

Caraballo et al. v. United States, Civil

No. 1997/27 (D.V.I.). The court

approved the settlement on August 17,

2000. The settlement prescribes the new

COLA rates and requires that they be

made effective on the first day of the

first applicable pay period beginning on

or after October 1, 2000. OPM is using

an interim rule to implement these

increases so that agencies can apply the

new rates in a timely fashion.

Rulemaking waivers

Under 5 U.S.C. 553(b)(3)(B) and (d)(3),

OPM finds that good cause exists to

waive the publication of proposed

rulemaking and the 30-day delay in the

effective date of this regulation.

Consistent with the terms of the courtapproved settlement agreement, we

believe it is in the public interest to

implement the interim COLA rate

increases immediately. In the future, as

we have done in the past, we plan to

announce COLA rate adjustments in a

proposed rule for public notice and

comment.

Regulatory Flexibility Act

I certify that this regulation will not

have a significant economic impact on

a substantial number of small entities

because the regulation will affect only

Federal agencies and employees.

Executive Order 12866, Regulatory

Review

This rule has been reviewed by the

Office of Management and Budget in

accordance with Executive Order 12866.

List of Subjects in 5 CFR Part 591

Government employees, Travel and

transporation expenses, Wages.

Office of Personnel Management.

Janice R. Lachance,

Director.

Accordingly, the Office of Personnel

Management amends 5 CFR part 591 as

follows:

PART 591—ALLOWANCES AND

DIFFERENTIALS

Subpart B—Cost-of-living Allowance

and Post Differential—Nonforeign

Areas

1. The authority citation for subpart B

of part 591 continues to read as follows:

Authority: 5 U.S.C. 5941; E.O. 10000, 3

CFR, 1943–1948 Comp., p. 792; and E.O.

12510, 3 CFR, 1985 Comp., p. 338.

2. Appendix A of subpart B is

amended by revising the table to read as

follows:

Appendix A of Subpart B—Places and

Rates at Which Allowances Shall Be

Paid

* * * * *

Geographic coverage/

allowance category

Authorized allowance rate

(percent)

State of Alaska

City of Anchorage and 80-kilometer (50-mile) radius by

road:

All employees ................ 25.00

City of Fairbanks and 80-kilometer (50-mile) radius by

road:

All employees ................ 25.00

City of Juneau and 80-kilometer (50-mile) radius by

road:

All employees ................ 25.00

Rest of the state:

All employees ................ 25.00

State of Hawaii

City and County of Honolulu:

All employees ................ 25.00

County of Hawaii:

All employees ................ 16.50

County of Kauai:

58902 Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Rules and Regulations

Geographic coverage/

allowance category

Authorized allowance rate

(percent)

All employees ................ 23.25

County of Maui and County

of Kalawao:

All employees ................ 23.75

Territory of Guam and

Commonwealth of the

Northern Mariana Islands

Local Retail ........................... 25.00

Commissary/Exchange ......... 22.50

Commonwealth of Puerto

Rico

All Employees ....................... 11.50

U.S. Virgin Islands

All Employees ....................... 22.50

* * * * *

[FR Doc. 00–25288 Filed 10–2–00; 8:45 am]

BILLING CODE 6325–01–U

MERIT SYSTEMS PROTECTION

BOARD

5 CFR Part 1201

Practices and Procedures

AGENCY: Merit Systems Protection

Board.

ACTION: Final rule.

SUMMARY: The Merit Systems Protection

Board (MSPB or the Board) is amending

its rules of practice and procedure in

this part to reflect the relocation of its

Washington Regional Office. On

September 11, 2000, the Board relocated

its Washington Regional Office from

5203 Leesburg Pike, Falls Church,

Virginia, to 1800 Diagonal Road,

Alexandria, Virginia. Appendix II of this

part is amended to show the new

address. The facsimile number and the

geographical areas served by the

Washington Regional Office are

unchanged.

EFFECTIVE DATE: October 3, 2000.

FOR FURTHER INFORMATION CONTACT:

Robert E. Taylor, Clerk of the Board,

(202) 653–7200.

The Board is publishing this rule as

a final rule pursuant to 5 U.S.C. 1204(h).

List of Subjects in 5 CFR Part 1201.

Administrative practice and

procedure, Civil rights, Government

employees.

Accordingly, the Board amends 5 CFR

part 1201 as follows:

PART 1201—PRACTICES AND

PROCEDURES

1. The authority citation for part 1201

continues to read as follows:

Authority: 5 U.S.C. 1204 and 7701, unless

otherwise noted.

2. Amend Appendix II to 5 CFR part

1201 in item 4. by removing ‘‘5203

Leesburg Pike, Suite 1109, Falls Church,

Virginia 22041–3473’’ and adding, in its

place ‘‘1800 Diagonal Road, Alexandria,

Virginia 22314’’.

Dated: September 27, 2000.

Robert E. Taylor,

Clerk of the Board.

[FR Doc. 00–25282 Filed 10–2–00; 8:45 am]

BILLING CODE 7400–01–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 234

[INS No. 2045–00]

RIN 1115–AF72

Landing Requirements for Passengers

Arriving From Cuba

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Final rule.

SUMMARY: This rule amends the

Immigration and Naturalization Service

(Service) regulations by providing that

aircraft and passengers arriving in the

United States from Cuba must enter the

United States at either the John F.

Kennedy International Airport, Jamaica,

New York, Los Angeles International

Airport, Los Angeles, California or the

Miami International Airport, Miami,

Florida unless advance permission to

land elsewhere has been obtained from

the Office of Field Operations at

Headquarters.

This rule is necessary to facilitate

licensed travel to and from Cuba,

including family reunification for Cuban

resident aliens and United States

citizens of Cuban heritage living in U.S.

cities other than in South Florida.

DATES: This rule is effective October 3,

2000.

FOR FURTHER INFORMATION CONTACT:

Elizabeth A. Tisdale, Assistant Chief

Inspector, Immigration and

Naturalization Service, 425 I Street,

NW., Room 4064, Washington, DC

20536, telephone number (202) 514–

0912.

SUPPLEMENTARY INFORMATION:

What Are the Present Requirements

Regarding the Location and Inspection

of Flights From Cuba?

Section 234.2(a) provides that:

• Aircraft carrying passengers or crew

who are required to be inspected under

section 235 of the Immigration and

Nationality Act (Act) on flights

originating in Cuba shall land only at

Fort Lauderdale-Hollywood Airport,

Fort Lauderdale, Florida, unless

• Advance permission to land

elsewhere has been obtained from the

District Director of the Immigration and

Naturalization Service at Miami,

Florida.

Why Are Flights From Cuba Being

Allowed To Land at Other Airports?

In a statement issued on January 5,

1999, the President announced a series

of humanitarian measures designed to

reach out to and ease the plight of the

Cuban people and to help them prepare

for a democratic future. As one of these

measures, the President authorized the

restoration of flights between Cuba and

some cities in the United States in

addition to South Florida. The purpose

of this measure is to facilitate licensed

travel to and from Cuba, including

family reunification for Cuban resident

aliens and U.S. citizens of Cuban

heritage living in the United States

cities other than in the Miami/Fort

Lauderdale area.

What Airports Are Being Designated

Under This Rule?

Section 235.2(a) is being amended to

allow direct flights from Cuba to land at:

• John F. Kennedy International

Airport, Jamaica, New York,

• Los Angeles International Airport,

Los Angeles California, or

• Miami International Airport,

Miami, Florida.

Will Flights From Cuba Be Allowed To

Land at Any Other Airports in the

United States, Particularly Fort

Lauderdale?

No, direct flights will not be allowed

to land at any other airport in the

United States, including Fort

Lauderdale, unless advance permission

to land elsewhere has been obtained

from the Office of Field Operations at

Headquarters.

Have Other Agencies Acted on the

President’s Announcement?

The Department of State and the

National Security Council have

specifically directed that direct charter

passenger flights by persons who

possess a valid Office of Foreign Assets

Control Carrier Service Provider

authorization may operate between

Cuba and John F. Kennedy International

Airport, Jamaica, New York, Los

Angeles International Airport, Los

Angeles, California, or Miami

International Airport, Miami, Florida.