41388 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 /Rules and Regulations

330.1106 Appointment of certain present

and former employees of the District of

Columbia Department of Corrections to

vacancies in other Federal agencie

Subpart K—Federal Employment

Priority Consideration Program for

Displaced Employees of the District of

Columbia Department of Corrections

§ 330.1101 Purpose.

A displaced employee of the District

of Columbia (DC) Department of

Corrections (DOC) who is separated

from his/her position as a result of the

closure of the Lorton Correctional

Complex, and who does not meet the

qualifications and suitability

requirements for Federal Bureau of

Prisons law enforcement positions, is

entitled to priority consideration for

other Federal vacancies when he/she

applies and is determined to be wellqualified.

§ 330.1102 Duration.

This program shall terminate one year

after the closing of the Lorton

Correctional Complex or December 31,

2002, whichever is later.

§ 330.1103 Definitions.

For purposes of this subpart:

(a) Displaced employee means a

current or former employee of the

District of Columbia Department of

Corrections who has received a specific

reduction in force (RIF) separation

notice as a result of the closure of the

Lorton Correctional Complex.

(b) Does not meet the qualifications

and suitability requirements for Bureau

of Prisons law enforcement positions

means a DC DOC employee who has not

been appointed to a Federal Bureau of

Prisons law enforcement position.

(c) Non-Bureau of Prisons positions in

the Federal Government means any

competitive service positions (other

than positions covered by the Federal

Bureau of Prisons Priority Consideration

Program).

(d) Priority consideration means a

displaced DC DOC employee eligible

under this subpart who applies for a

vacancy and is determined to be wellqualified is accorded similar priority

and order of selection as an eligible

current or former displaced Federal

employee under 5 CFR 330, subpart G—

Interagency Career Transition

Assistance Plan for Displaced

Employees. In addition, DC DOC

employees are eligible for this priority

consideration without regard to any

geographical restrictions.

(e) Well-qualified employee means an

eligible employee who possesses the

knowledge, skills, and abilities which

clearly exceed the minimum

qualification requirements for the

position. A well-qualified employee will

not necessarily meet the agency’s

definition of ‘‘highly or best qualified,’’

when evaluated against other candidates

who apply for a particular vacancy, but

must satisfy the following criteria, as

determined and consistently applied by

the agency.

(1) Meets the basic qualification

standards and eligibility requirements

for the position, including any medical

qualifications, suitability, citizenship,

and minimum educational and

experience requirements;

(2) Satisfies one of the following

qualifications requirements:

(i) Meets all selective factors where

applicable. Meets appropriate quality

rating factor levels as determined by the

agency. Selective and quality ranking

factors cannot be so restrictive that they

run counter to the goal of placing

displaced employees. In the absence of

selective and quality ranking factors,

selecting officials will document the

job-related reason(s) the eligible

employee is or is not considered to be

well qualified; or

(ii) Is rated by the agency to be above

minimally qualified in accordance with

the agency’s specific rating and ranking

process. Generally, this means that the

individual may or may not meet the

agency’s test for ‘‘highly qualified,’’ but

would in fact, exceed the minimum

qualifications for the position;

(3) Is physically qualified, with

reasonable accommodation where

appropriate, to perform the essential

duties of the position;

(4) Meets any special qualifying

condition(s) that OPM has approved for

the position; and

(5) Is able to satisfactorily perform the

duties of the position upon entry.

§ 330.1104 Eligibility.

(a) To be eligible for priority

consideration, an employee of the DC

DOC must:

(1) Be in receipt of a RIF separation

notice from the DC Department of

Corrections in connection with the

closure of the Lorton Correctional

Complex.

(2) Have not been appointed to a

Federal Bureau of Prisons law

enforcement position.

(3) Apply for a vacancy within the

time frames established by the agency;

(4) Be determined by the agency as

well-qualified for the specific vacancy.

(b) Eligibility for priority

consideration begins: on the date the DC

DOC employee receives or is issued a

specific RIF separation notice by the DC

DOC.

(c) Eligibility expires:

(1) One year after the closing of the

Lorton Correctional Complex;

(2) When the DC DOC employee is no

longer being separated by RIF;

(3) When the DC DOC employee

receives a career, career-conditional, or

excepted appointment without time

limit in any Federal agency at any grade

level;

(4) When the DC DOC employee

voluntarily separates by resignation or

retirement prior to the RIF effective

date; or

(5) When the DC DOC employee is

separated involuntarily other than by

RIF prior to the RIF effective date.

§ 330.1105 Selection.

If two or more individuals apply for

a vacancy and are determined to be

well-qualified, and meet the eligibility

requirements under § 330.704(a) or

§ 330.1104(a), the agency would have

the discretion of selecting any of these

eligible employees.

§ 330.1106 Appointment of certain present

and former employees of the District of

Columbia Department of Corrections to

vacancies in other Federal agencies.

(a) Appointments made under this

section are excepted appointments to

positions in the competitive service.

(b) Eligibility for appointment under

this subpart expires 1 year after the

closing of the Lorton Correctional

Complex or December 31, 2002,

whichever is later.

[FR Doc. 98–20779 Filed 8–3–98; 8:45 am]

BILLING CODE 6325–01–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–073–6]

Oriental Fruit Fly; Removal of

Quarantined Areas

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Affirmation of interim rules as

final rule.

SUMMARY: We are adopting as a final

rule, without change, two interim rules

that amended the Oriental fruit fly

regulations by removing the quarantine

on portions of Los Angeles County, CA,

and by removing the restrictions on the

interstate movement of regulated

articles from those areas. The interim

rules were necessary to relieve

restrictions that are no longer needed to

prevent the spread of the Oriental fruit
Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 /Rules and Regulations 41389

fly into noninfested areas of the United

States. We have determined that the

Oriental fruit fly has been eradicated

from the portions of Los Angeles

County, CA, and that the quarantine and

restrictions are no longer necessary.

Therefore, as a result of the interim

rules, there are no longer any areas in

the continental United States

quarantined for Oriental fruit fly.

EFFECTIVE DATE: Affirmation effective

August 4, 1998.

FOR FURTHER INFORMATION CONTACT: Mr.

Michael B. Stefan, Operations Officer,

Domestic and Emergency Programs,

PPQ, APHIS, 4700 River Road Unit 134,

Riverdale, MD 20737–1236, (301) 734–

8247; or e-mail:

michael.b.stefan@usda.gov.

SUPPLEMENTARY INFORMATION:

Background

We recently published two interim

rules amending the Oriental fruit fly

quarantine and regulations. In the first

interim rule, effective February 18,

1998, and published in the Federal

Register on February 23, 1998 (63 FR

8835–8836, Docket No. 97–073–4), we

amended the Oriental fruit fly

regulations by removing the quarantine

on a portion of Los Angeles County, CA,

and by removing the restrictions on the

interstate movement of regulated

articles from that area. In the second

interim rule, effective April 1, 1998, and

published in the Federal Register on

April 7, 1998 (63 FR 16877–16878,

Docket No. 97–073–5), we amended the

Oriental fruit fly regulations by

removing the quarantine on the

remaining portion of Los Angeles

County, CA, and by removing the

restrictions on the interstate movement

of regulated articles from that area. As

a result of the interim rules, there are no

longer any areas in the continental

United States quarantined for Oriental

fruit fly.

These actions were necessary to

relieve restrictions that are no longer

needed to prevent the spread of the

Oriental fruit fly into noninfested areas

of the United States.

Comments on the first interim rule

(Docket No. 97–073–4) were required to

be received on or before April 24, 1998.

Comments on the second interim rule

(Docket No. 97–073–5) were required to

be received on or before June 8, 1998.

We did not receive any comments on

either interim rule. The facts presented

in the interim rules still provide a basis

for the rules.

This action also affirms the

information contained in the interim

rules concerning Executive Order 12866

and the Regulatory Flexibility Act,

Executive Orders 12372 and 12988, and

the Paperwork Reduction Act.

Further, for this action, the Office of

Management and Budget has waived the

review process required by Executive

Order 12866.

List of Subjects in 7 CFR Part 301

Agricultural commodities,

Incorporation by reference, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

PART 301—DOMESTIC QUARANTINE

NOTICES

Accordingly, we are adopting as a

final rule, without change, two interim

rules that amended 7 CFR part 301 and

that were published at 63 FR 8835–8836

on February 23, 1998, and 63 FR 16877–

16878 on April 7, 1998.

Authority: 7 U.S.C. 147a, 150bb, 150dd,

150ee, 150ff, 161, 162, and 164–167; 7 CFR

2.22, 2.80, and 371.2(c).

Done in Washington, DC, this 29th day of

July 1998.

Craig A. Reed,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 98–20792 Filed 8–3–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–102–3]

Mediterranean Fruit Fly; Removal of

Quarantined Area

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Affirmation of interim rule as

final rule.

SUMMARY: We are adopting as a final

rule, without change, an interim rule

that amended the Mediterranean fruit

fly regulations by removing the

quarantined area in Los Angeles County,

CA, from the list of quarantined areas.

We have determined that the

Mediterranean fruit fly has been

eradicated from this area and that

restrictions on the interstate movement

of regulated articles from this area are

no longer necessary. As a result of the

interim rule, there are no longer any

areas in California quarantined because

of the Mediterranean fruit fly.

EFFECTIVE DATE: The interim rule was

effective on April 16, 1998.

FOR FURTHER INFORMATION CONTACT: Mr.

Michael B. Stefan, Operations Officer,

Domestic and Emergency Programs,

PPQ, APHIS, 4700 River Road Unit 134,

Riverdale, MD 20737–1236, (301) 734–

8247; or e-mail:

michael.b.stefan@usda.gov.

SUPPLEMENTARY INFORMATION:

Background

In an interim rule effective April 16,

1998, and published in the Federal

Register on April 21, 1998 (63 FR

19651–19652, Docket No. 97–102–2), we

amended the Mediterranean fruit fly

regulations (contained in 7 CFR 301.78

through 301.78–10) by removing the

quarantined area in Los Angeles County,

CA, from the list of quarantined areas in

§ 301.78–3(c). That action relieved

unnecessary restrictions on the

interstate movement of regulated

articles from the quarantined area. Also,

as a result of that action, there are no

longer any areas in California

quarantined because of the

Mediterranean fruit fly.

Comments on the interim rule were

required to be received on or before June

22, 1998. We did not receive any

comments. The facts presented in the

interim rule still provide a basis for the

rule.

This action also affirms the

information contained in the interim

rule concerning Executive Order 12866

and the Regulatory Flexibility Act,

Executive Orders 12372 and 12988, and

the Paperwork Reduction Act.

Further, for this action, the Office of

Management and Budget has waived the

review process required by Executive

Order 12866.

List of Subjects in 7 CFR Part 301

Agricultural commodities,

Incorporation by reference, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

PART 301—DOMESTIC QUARANTINE

NOTICES

Accordingly, we are adopting as a

final rule, without change, the interim

rule that amended 7 CFR part 301 and

that was published at 63 FR 19651–

19652 on April 21, 1998.

Authority: 7 U.S.C. 147a, 150bb, 150dd,

150ee, 150ff, 161, 162, and 164–167; 7 CFR

2.22, 2.80, and 371.2(c).

Done in Washington, DC, this 29th day of

July 1998.

Craig A. Reed,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 98–20793 Filed 8–3–98; 8:45 am]

BILLING CODE 3410–34–P