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

13354

Vol. 62, No. 54

Thursday, March 20, 1997

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 591

RIN 3206–AH51

Cost-of-Living Allowances (Nonforeign

Areas)

AGENCY: Office of Personnel

Management.

ACTION: Notice of proposed rulemaking.

SUMMARY: As authorized by law, the

Office of Personnel Management (OPM)

provides in its regulations for the

payment of nonforeign area cost-ofliving allowances (COLA’s) in Alaska,

Hawaii, and other nonforeign overseas

areas. OPM is proposing four regulatory

changes in the COLA program. One

change would remove obsolete

references that refer to hiring authorities

no longer in use. A second change

would clarify the application of COLA

regulations to two pay systems linked to

or equivalent to the Senior Executive

Service. A third change would clarify

the application of COLA regulations to

employees under other pay systems.

The fourth change would extend

nonforeign area post differentials to

employees on long-term temporary

assignments in the same manner as is

provided by the State Department for

employees in foreign areas.

DATES: Comments must be received on

or before May 19, 1997.

ADDRESSES: Send or deliver comments

to Donald J. Winstead, Assistant

Director, Office of Compensation Policy,

Human Resources Systems Service,

Office of Personnel Management, Room

6H31, 1900 E Street NW., Washington,

DC 20415, or FAX to (202)606–4264.

FOR FURTHER INFORMATION CONTACT:

Donald L. Paquin (202) 606–2838.

SUPPLEMENTARY INFORMATION: Under

section 5941 of title 5, United States

Code, and Executive Order 10000, as

amended, certain Federal employees in

nonforeign areas outside the 48

contiguous States are eligible for cost-ofliving allowances (COLA’s) when local

living costs are substantially higher than

those in the Washington, DC, area.

Nonforeign area COLA’s are paid in

Alaska, Hawaii, Puerto Rico, the U.S.

Virgin Islands, and Guam and the

Commonwealth of the Northern Mariana

Islands.

Obsolete Regulatory References

Section 591.203 of title 5, Code of

Federal Regulations, refers to hiring

authorities under 5 CFR 213.3102(v) and

(w), which are no longer used. These

authorities covered Summer Aids paid

the minimum wage and Stay-in-School

positions paid less than the lowest rate

on the General Schedule. Paragraphs (v)

and (w) of § 213.3102 are currently

reserved, and OPM proposes to remove

the references from § 591.203.

Pay Systems Linked or Equivalent to

the Senior Executive Service

OPM proposes to add parenthetical

language in § 591.203(a)(1) and (3) to

clarify that the Foreign Service includes

the Senior Foreign Service and that the

Senior Executive Service includes the

Federal Bureau of Investigation (FBI)

and the Drug Enforcement

Administration (DEA) Senior Executive

Service. Members of the Senior Foreign

Service and the FBI-DEA Senior

Executive Service currently receive

COLA’s. The proposed change is a

technical amendment designed to make

these references consistent with others

used in title 5, Code of Federal

Regulations.

Coverage of Employees Under Other

Pay Systems

In place of the obsolete references in

§ 591.203(b), OPM proposes to add

language that would authorize agencies

to apply subpart B to other positions as

authorized by specific statutes

applicable to those other positions and

consistent with the intent of 5 U.S.C.

5941. Section 5941 authorizes payment

of COLA to employees in nonforeign

areas whose rates of pay are set by

statute. When 5 U.S.C. 5941 was

enacted in 1948, the rates of pay for

employees under several pay systems,

including the General Schedule, were

set by statute. Statutes enacted since

that time have removed certain

positions from the General Schedule

and required or allowed the pay for

these positions to be set in a different

manner. It has long been the policy of

the Federal Government to continue the

payment of allowances and differentials

in such cases unless the enabling

statutes prohibited such payments. The

regulatory change OPM proposes

recognizes this longstanding policy and

makes clear that such allowances and

differentials are paid in accordance with

regulations prescribed by OPM under

the authority delegated to it by the

President of the United States.

Post Differential and Long-Term

Temporary Assignments

As authorized in § 591.210(f),

payment of an allowance or differential

begins as of the date of arrival on regular

assignment or transfer, or on the date of

entrance on duty in the case of local

recruitment. OPM proposes to authorize

payment of post differentials to

employees after 42 consecutive days of

temporary assignment in a nonforeign

area. The purpose of this regulatory

change is to make OPM’s post

differential program more consistent

with the program administered by the

State Department for employees

temporarily assigned to work in foreign

areas. Payment of nonforeign area

differentials would stop upon an

employee’s departure from a differential

area.

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 this regulation would not

have a significant economic impact on

a substantial number of small entities

because the regulation would affect only

Federal agencies and employees.

List of Subjects in 5 CFR Part 591

Government employees, Travel and

transportation expenses, Wages.

U.S. Office of Personnel Management.

James B. King,

Director.

Accordingly, OPM proposes to amend

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:
Federal Register / Vol. 62, No. 54 / Thursday, March 20, 1997 / Proposed Rules 13355

1See also 62 FR 4941, Feb. 3, 1997.

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

CFR, 1943–1948 Comp., p. 792; E.O. 12510,

3 CFR, 1985 Comp., p. 338.

2. In § 591.203, paragraphs (a)(1),

(a)(3), (a)(6), and (b) are revised to read

as follows:

§ 591.203 Agencies and employees

covered.

(a) * * *

(1) General Schedule.

* * * * *

(3) Foreign Service (including the

Senior Foreign Service).

* * * * *

(6) Senior Executive Service

(including the Federal Bureau of

Investigation and the Drug Enforcement

Administration Senior Executive

Service).

* * * * *

(b) This subpart may be applied, at

the sole discretion of the employing

agency, to civilian employees in other

positions authorized by specific law

applicable to such positions, consistent

with the intent of 5 U.S.C. 5941.

3. In § 591.210, paragraph (f) is

removed, paragraphs (b) through (e) are

redesignated as (c) through (f),

respectively, and a new paragraph (b) is

added to read as follows:

§ 591.210 Payment of allowances and

differentials.

* * * * *

(b) Payment of an allowance or

differential begins as of the date of an

employee’s arrival on regular

assignment or transfer, or on the date of

entrance on duty in the case of local

recruitment. An employee who is

temporarily assigned to duty in a

nonforeign area is eligible for a

differential, but not an allowance,

except that payment of a differential

shall not begin until after 42

consecutive calendar days of assignment

in the differential area. Payment of an

allowance or differential ceases—

(1) On separation;

(2) As of the date of departure on

transfer to a new post of regular

assignment; or

(3) As of the date of departure in the

case of an employee on temporary

assignment to the differential area.

* * * * *

[FR Doc. 97–7071 Filed 3–19–97; 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: Proposed rule; Reopening of

public comment period.

SUMMARY: In response to additional

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 66158,

December 16, 1996.1

DATES: Comments should be received no

later than April 16, 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,

PO Box 98608, or provided by electronic

mail to 10CFR960@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, PO Box 98608,

Las Vegas, Nevada 89193, (800) 967–

3477.

Issued in Washington, DC on this 14th day

of March, 1997.

Lake Barrett,

Acting Director, U.S. Department of Energy,

Office of Civilian Radioactive Waste

Management.

[FR Doc. 97–7031 Filed 3–19–97; 8:45 am]

BILLING CODE 6450–01–P

FEDERAL ELECTION COMMISSION

11 CFR Parts 100 and 114

[Notice 1997 4]

Rulemaking Petition: Definition of

‘‘Member’’ of a Membership

Association; Notice of Availability

AGENCY: Federal Election Commission.

ACTION: Rulemaking petition: Notice of

availability.

SUMMARY: On February 24, 1997, the

Commission received a Petition for

Rulemaking from James Bopp, Jr., on

behalf of the National Right to Life

Committee, Inc. The Petition urges the

Commission to revise its rules defining

who is a member of a membership

association in view of a recent court

decision. The Petition is available for

inspection in the commission’s Public

Records Office.

DATES: Statements in support of, or in

opposition to, the Petition must be filed

on or before April 21, 1997.

ADDRESSES: Comments must be in

writing and addressed to: Ms. Susan E.

Propper, Assistant General Counsel, 999

E Street, NW., Washington, DC 20463.

FOR FURTHER INFORMATION CONTACT:

Ms. Susan E. Propper, Assistant General

Counsel, or Ms. Rita A. Reimer,

Attorney, 999 E Street, NW.,

Washington, DC 20463, (202) 219–3690

or (800) 424–9530.

SUPPLEMENTARY INFORMATION: The

petitioner is requesting the Commission

to revise its rules defining who is a

member of a membership association in

view of the decision by the United

States Court of Appeals for the District

of Columbia Circuit in Chamber of

Commerce of the United States versus

Federal Election Commission, 69 F.3d

600 (D.C. Cir 1995), amended on denial

of rehearing, 76 F.3d 1234 (D.C. Cir.

1996). The decision held that the

current rules at 11 CFR 100.8(b)(4)(iv)

and 114.1(e), which require members in

most instances to have direct or indirect

voting rights for at least one member of

the association’s highest governing

body, cannot be applied to the Chamber

of Commerce or the American Medical

Association, because of other financial

and organizational ties that exist

between these entities and their

members.

Copies of the Petition for Rulemaking

are available for public inspection at the

Commission’s Public Records Office,

999 E Street, NW., Washington, DC

20463, Monday though Friday between

the hours of 9:00 a.m. and 5:00 p.m.

Interested persons may also obtain a

copy of the Petition by dialing the

Commission’s FlashFAX service at (202)

501–3413 and following its instructions,

at any time of the day and week.

Request document #232.

Statements in support of, or in

opposition to, the Petition for

Rulemaking must be submitted in

writing by April 21, 1997.

Consideration of the merits of the

Petition will be deferred until the close

of the comment period. If the

Commission decides that the Petition

has merit, it may begin a rulemaking

proceeding. Any subsequent action

taken by the Commission will be

announced in the Federal Register.