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

72065 

Vol. 70, No. 230 

Thursday, December 1, 2005 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 300, 307, 315, 316, 330, 335, 

550, 551, and 720 

RIN 3206–AJ90 

Veterans Recruitment Appointments 

AGENCY: Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: The Office of Personnel 

Management (OPM) is issuing final 

regulations to implement provisions of 

the Jobs for Veterans Act, signed into 

law on November 7, 2002. This Act 

makes a major change in the eligibility 

criteria for obtaining a Veterans 

Recruitment Appointment (VRA). 

EFFECTIVE DATE: January 3, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Darlene Phelps at (202) 606–0960, by 

FAX on 202–606–2329, TDD at (202) 

418–3134, or by e-mail at 

Darlene.phelps@opm.gov. 

SUPPLEMENTARY INFORMATION: On 

November 5, 2004, OPM issued 

proposed regulations at 69 FR 64503 to 

implement Veterans Recruitment 

Appointments as authorized by the Jobs 

for Veterans Act (Pub. L. 107–288), and 

requested comments by January 4, 2005. 

The Act amends section 4214 of title 38, 

United States Code, to make a major 

change in the eligibility criteria for 

obtaining what previously was called a 

Veterans Readjustment Appointment 

and will now be called a Veterans 

Recruitment Appointment (VRA). Under 

the revised law, the following veterans 

are eligible for a VRA: 

• Disabled veterans; 

• Veterans who served on active duty in 

the Armed Forces during a war, or in 

a campaign or expedition for which a 

campaign badge has been authorized; 

• Veterans who, while serving on active 

duty in the Armed Forces, 

participated in a United States 

military operation for which an 

Armed Forces Service Medal was 

awarded; and 

• Recently separated veterans. 

The law defines recently separated 

veteran as any veteran during the threeyear period beginning on the date of 

such veteran’s discharge or release from 

active duty. 

Comments 

OPM received comments from three 

Federal agencies, one private 

organization, and seven individuals. 

The following comments are addressed 

according to the corresponding sections 

of the regulation. 

Definitions 

One Federal agency recommended 

that the final regulation clarify what is 

meant by the term war, as used in the 

context of a covered veteran. An 

individual suggested OPM specify that 

the term war only refers to World Wars 

I and II. We agree that clarification is 

needed and have amended section 

307.102 to include a definition of the 

term war as any armed conflict declared 

by Congress as such. 

One agency asked that we clarify 

whether the appointment date for 

recently separated veterans must occur 

before the end of the 3-year eligibility 

period for this category of covered 

veterans. OPM agrees that further 

clarification is needed and has added 

clarifying language to section 307.104(d) 

indicating that the Veterans Recruitment 

Appointment date must occur before the 

expiration of the 3-year eligibility 

period. The 3-year eligibility period may 

not be extended. 

An individual suggested we specify 

that a veteran is eligible for a VRA only 

if during his or her last active duty tour 

the veteran served the entire period for 

which he or she was called or ordered 

to active duty. OPM disagrees and is not 

adopting this suggestion because it may 

limit the eligibility of veterans beyond 

what is provided for in the Act, which 

does not define eligibility based on the 

veteran’s fulfillment of his or her last 

active duty tour. 

A Federal agency recommended that 

we modify the definition of qualified to 

make clear that individuals must meet 

OPM qualifications for the position 

being filled under this authority. OPM 

agrees clarification is necessary in the 

final regulation. VRAs are excepted 

appointments to positions otherwise in 

the competitive service and as such, 

agencies must apply either the OPM or 

OPM-approved agency-specific 

qualification standard for the position 

they are filling through this authority as 

they would when filling any position in 

the competitive service. Clarification 

has been added at section 307.103. 

One private organization suggested 

the final regulation specifically state 

that military service must have been 

performed under honorable conditions 

as part of the definition of covered 

veteran. OPM disagrees because the 

definition of covered veteran at 307.102 

is as that term is defined in 38 U.S.C. 

4212(a)(3). We note, however, this 

requirement is contained in section 

307.103, Nature of VRAs. 

One individual asked that we clarify 

whether the definition of a covered 

veteran includes all veterans entitled to 

5 point preference. The Act’s definition 

of a covered veteran does not provide 

for inclusion of all individuals entitled 

to 5 point veterans’ preference. OPM 

intends to update VetGuide to provide 

further guidance regarding covered 

veterans. 

A Federal agency suggested the final 

regulations clearly explain that 

individuals who did not serve during a 

war, who are not disabled, or who were 

not recently separated must have 

actually received a campaign badge, 

expeditionary medal, or Armed Forces 

Service Medal to be eligible for a VRA 

under section 307.102(2) and (3). We 

agree and have amended section 

307.103 accordingly. 

An individual stated that OPM did 

not define eligible veterans under this 

part and asked whether reservists called 

to active duty under title 10 of the 

United States Code, for other than active 

duty training, would meet the definition 

of a recently separated veteran. OPM 

does not agree further clarification is 

needed because section 307.102 clearly 

states that a recently separated veteran 

means any veteran (including reservists) 

during the three-year period beginning 

on the date of such veteran’s discharge 

or release from active duty. 

Nature of VRAs 

Another Federal agency suggested the 

final regulations allow military 

experience to be qualifying at GS–3 or 

equivalent levels, regardless of the type 

of appointment. OPM did not adopt this 

72066 Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Rules and Regulations 

recommendation because it is beyond 

the scope of the Act, which only 

pertains to VRA appointments. 

An agency suggested the final 

regulation define what equivalent 

means for purposes of qualifying 

veterans at the GS–3 level or equivalent. 

OPM agrees in part that clarification is 

needed and intends to update VetGuide 

to explain that the term equivalent 

means positions in the Federal Wage 

System or other pay systems involving 

duties comparable to those at the GS–3 

level. 

Another agency recommended that 

OPM modify the statement in 307.103 

that any military service is qualifying at 

the GS–3 level or equivalent to read any 

military service is qualifying, at a 

minimum, at the GS–3 level or 

equivalent. OPM is not adopting this 

suggestion because we do not believe 

the additional language is needed. The 

sentence immediately preceding the 

language in question in section 307.103 

specifically states that covered veterans 

may be appointed to any position for 

which the individual is qualified, up to 

and including the GS–11 or equivalent 

level. Military experience may be 

credited towards grade levels above the 

GS–3 level or equivalent in accordance 

with OPM or OPM-approved agencyspecific qualification standards. 

An individual suggested OPM define 

the phrase ‘‘under honorable 

conditions’’ to include general and 

uncharacterized discharges. Two 

individuals and a Federal agency 

recommended that we provide detailed 

explanations and examples of the types 

of discharges considered to be ‘‘under 

honorable conditions.’’ A third 

individual asked that we clarify whether 

an uncharacterized discharge is 

considered to be a discharge granted 

‘‘under honorable conditions.’’ OPM is 

not adopting these suggestions because 

the Department of Defense (DoD) is 

responsible for defining terms used for 

character of military service discharges. 

OPM agrees clarification would be 

helpful and intends to provide guidance 

and examples in VetGuide of the types 

of discharges DoD has determined to be 

under honorable conditions. 

An individual suggested we clarify 

whether 30 percent disabled veterans 

are subject to the GS–11 or equivalent 

grade level limitation. OPM is not 

adopting this suggestion on the basis 

that the regulation clearly limits the 

appointment of any veteran to the GS–

11 or equivalent grade level. We note 

that a separate hiring authority, 

authorized under section 3112 of title 5, 

United States Code, specific to 30 

percent or more disabled veterans, does 

not contain a grade level limitation for 

initial appointment under that 

authority. 

One individual suggested the final 

regulations clarify whether agencies are 

required to post vacancy 

announcements prior to filling jobs 

under the VRA authority. OPM 

disagrees further clarification is 

necessary. The regulation clearly states 

that VRAs are excepted appointments 

made without competition. As a 

consequence, VRAs do not require 

public notice as is the case with any 

appointment in the excepted service. 

However, agencies may advertise for 

these positions if they choose to do so. 

A Federal agency suggested the final 

regulations clarify whether an 

individual can receive more than one 

VRA appointment, assuming the 

individual is otherwise eligible. OPM 

agrees further clarification may be 

helpful. OPM intends to update 

VetGuide with a statement explaining 

there is no limit on the number of VRA 

appointments an individual may receive 

as long as the individual meets the 

definition of covered veteran at the time 

of appointment. 

The Act also changed the name of the 

VRA from ‘‘Veterans Readjustment 

Appointment’’ to ‘‘Veterans Recruitment 

Appointment.’’ This final regulation 

also updates those parts of title 5, Code 

of Federal Regulations, to reflect this 

name change wherever used in those 

parts. 

E.O. 12866, Regulatory Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order 12866. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because it would apply only to Federal 

agencies and employees. 

List of Subjects in 5 CFR Parts 300, 307, 

315, 316, 330, 335, 550, 551, and 720 

Administrative practice and 

procedure, Armed forces reserves, Civil 

rights, Claims, District of Columbia, 

Equal employment opportunity, 

Freedom of information, Government 

employees, Individuals with 

disabilities, Lawyers, Reporting and 

recordkeeping requirements, Selective 

Service System, Veterans, Wages. 

Office of Personnel Management. 

Linda M. Springer, 

Director. 

■ Accordingly, OPM amends 5 CFR 

parts 300, 315, 316, 330, 335, 550, 551, 

and 720 and revises part 307 as set forth 

below: 

PART 300—EMPLOYMENT (GENERAL) 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 5 U.S.C. 552, 3301, and 3302; 

E.O. 10577, 3 CFR 1954–1958 Comp., page 

218, unless otherwise noted. 

Secs. 300.101 through 300.104 also issued 

under 5 U.S.C. 7201, 7204, and 7701; E.O. 

11478, 3 CFR 1966–1970 Comp., page 803. 

Secs. 300.401 through 300.408 also issued 

under 5 U.S.C. 1302(c), 2301, and 2302. 

Secs. 300.501 through 300.507 also issued 

under 5 U.S.C. 1103(a)(5). 

Sec. 300.603 also issued under 5 U.S.C. 

1104. 

■ 2. Revise paragraph (b) of § 300.301 to 

read as follows: 

§ 300.301 Authority. 

* * * * * 

(b) In accordance with 5 U.S.C. 3341, 

an agency may detail an employee in 

the excepted service to a position in the 

excepted service and may also detail an 

excepted service employee serving 

under Schedule A, Schedule B, or a 

Veterans Recruitment Appointment, to a 

position in the competitive service. 

* * * * * 

■ 3. Revise part 307 to read as follows: 

PART 307—VETERANS RECRUITMENT 

APPOINTMENTS 

Sec. 

307.101 Purpose. 

307.102 Definitions. 

307.103 Nature of VRAs. 

307.104 Treatment of individuals serving 

under VRAs. 

307.105 Appeal rights. 

Authority: 5 U.S.C. 3301, 3302; E.O. 11521, 

3 CFR, 1970 Comp., p. 912; 38 U.S.C. 4214. 

§ 307.101 Purpose. 

This part implements 38 U.S.C. 4214 

and Executive Order 11521, which 

authorizes agencies to appoint qualified 

covered veterans to positions in the 

competitive service under Veterans 

Recruitment Appointments (VRAs) 

without regard to the competitive 

examining system. 

§ 307.102 Definitions. 

For purposes of this part—

Agency, as defined in 38 U.S.C. 

4211(5), means any agency of the 

Federal Government or the District of 

Columbia, including any Executive 

agency as defined in section 105 of title 

5, and the United States Postal Service 

and Postal Rate Commission. 

Covered veterans, as defined in 38 

U.S.C. 4212(a)(3), means any of the 

following: 

(1) Disabled veterans; 

(2) Veterans who served on active 

duty in the Armed Forces during a war 

or in a campaign or expedition for 

Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Rules and Regulations 72067 

which a campaign badge has been 

authorized; 

(3) Veterans who, while serving on 

active duty with the Armed Forces, 

participated in a United States military 

operation for which an Armed Forces 

Service Medal (AFSM) was awarded 

pursuant to Executive Order 12985 (61 

FR 1209); and 

(4) Recently separated veterans. 

Disabled veteran, as defined in 38 

U.S.C. 4211 means: 

(1) A veteran who is entitled to 

compensation (or who, but for the 

receipt of military retired pay, would be 

entitled to compensation) under laws 

administered by the Secretary of 

Veterans Affairs; or 

(2) A person who was discharged or 

released from active duty because of a 

service-connected disability. 

Qualified, as defined in 38 U.S.C. 

4212(a)(3) with respect to employment 

in a position, means having the ability 

to perform the essential functions of the 

position with or without reasonable 

accommodation for an individual with a 

disability. 

Recently separated veteran, as defined 

in 38 U.S.C. 4211(6), means any veteran 

during the three-year period beginning 

on the date of such veteran’s discharge 

or release from active duty. 

Substantially continuous service is 

defined in 5 CFR 315.201(b)(3). 

War means any armed conflict 

declared by Congress as such. 

§ 307.103 Nature of VRAs. 

VRAs are excepted appointments, 

made without competition, to positions 

otherwise in the competitive service. 

The veterans’ preference procedures of 

part 302 of this chapter apply when 

there are preference eligible candidates 

being considered for a VRA. Qualified 

covered veterans who were separated 

under honorable conditions may be 

appointed to any position in the 

competitive service at grade levels up to 

and including GS–11 or equivalent, 

provided they meet the qualification 

standards for the position. To be eligible 

for a VRA as a covered veteran under 

paragraph (2) or (3) of the definition of 

that term in § 307.102, the veteran must 

be in receipt of the appropriate 

campaign badge, expeditionary medal, 

or AFSM. For purposes of a VRA, any 

military service is qualifying at the GS–

3 level or equivalent. Upon satisfactory 

completion of 2 years of substantially 

continuous service, the incumbent’s 

VRA must be converted to a career or 

career conditional appointment. An 

individual may receive more than one 

VRA appointment as long as the 

individual meets the definition of a 

covered veteran at the time of 

appointment. 

§ 307.104 Treatment of individuals serving 

under VRAs. 

(a) Because VRAs are made to 

positions otherwise in the competitive 

service, the incumbents, like 

competitive service employees, may be 

reassigned, promoted, demoted, or 

transferred in accordance with the 

provisions of part 335 of this chapter. 

(b) A veteran with less than 15 years 

of education must receive training or 

education prescribed by the agency. 

(c) Appointments are subject to 

investigation by OPM. A law, Executive 

order, or regulation that disqualifies a 

person for appointment in the 

competitive service also disqualifies a 

person for a VRA. 

(d) The Veterans Recruitment 

Appointment date for a recently 

separated veteran must occur before the 

end of the 3-year eligibility period and 

may not be extended. 

§ 307.105 Appeal rights. 

Individuals serving under VRAs have 

the same appeal rights as excepted 

service employees under parts 432 and 

752 of this chapter. In addition, as 

established in § 315.806 of this chapter, 

any individual serving under a VRA, 

whose employment under the 

appointment is terminated within 1 year 

after the date of such appointment, has 

the same right to appeal that 

termination as a career or careerconditional employee has during the 

first year of employment. 

PART 315—CAREER AND CAREERCONDITIONAL APPOINTMENT 

■ 4. The authority citation for part 315 

continues to read as follows: 

Authority: 5 U.S.C. 1302, 3301, and 3302; 

E.O. 10577, 3 CFR, 1954–1958 Comp., p. 218, 

unless otherwise noted; and E.O. 13162. 

Secs. 315.601 and 315.609 also issued under 

22 U.S.C. 3651 and 3652. Secs. 315.602 and 

315.604 also issued under 5 U.S.C. 1104. Sec. 

315.603 also issued under 5 U.S.C. 8151. Sec. 

315.605 also issued under E.O. 12034, 3 CFR, 

1978 Comp., p. 111. Sec. 315.606 also issued 

under E.O. 11219, 3 CFR, 1964–1965 Comp., 

p. 303. Sec. 315.607 also issued under 22 

U.S.C. 2506. Sec. 315.608 also issued under 

E.O. 12721, 3 CFR, 1990 Comp., p. 293. Sec. 

315.610 also issued under 5 U.S.C. 3304(d). 

Sec. 315.611 also issued under Section 511, 

Pub. L. 106–117, 113 Stat. 1575–76. Sec. 

315.708 also issued under E.O. 13318. Sec. 

315.710 also issued under E.O. 12596, 3 CFR, 

1987 Comp., p. 229. Subpart I also issued 

under 5 U.S.C. 3321, E.O. 12107, 3 CFR, 1978 

Comp., p. 264. 

PART 315—[AMENDED] 

■ 5. In part 315, remove the word 

‘‘readjustment’’ and add in its place the 

word ‘‘recruitment’’ wherever it 

appears. 

PART 316—TEMPORARY AND TERM 

EMPLOYMENT 

■ 6. The authority citation for part 316 

continues to read as follows: 

Authority: 5 U.S.C. 3301, 3302; E.O. 10577, 

3 CFR, 1954–1958 Comp., p. 218. 

PART 316—[AMENDED] 

■ 7. In part 316, subparts C and D, 

remove the word ‘‘readjustment’’ and 

add in its place the word ‘‘recruitment’’

wherever it appears. 

PART 330—RECRUITMENT, 

SELECTION, AND PLACEMENT 

(GENERAL) 

■ 8. The authority citation for part 330 

continues to read as follows: 

Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 

10577, 19 FR 7521, 3 CFR, 1954–58, Comp., 

p. 218. 

Section 330.102 also issued under 5 U.S.C. 

3327. 

Subpart B also issued under 5 U.S.C. 3315 

and 8151. 

Section 330.401 also issued under 5 U.S.C. 

3310. 

Subpart G also issued under 5 U.S.C. 

8337(h) and 8456(b). 

Subpart K also issued under sec. 11203 of 

Pub. L. 105–33 (111 Stat. 738) and Pub. L. 

105–274 (112 Stat. 2424). 

Subpart L also issued under sec. 1232 of 

Pub. L. 96–70, 93 Stat. 452. 

PART 330—[AMENDED] 

■ 9. In part 330, subparts B, F, and G, 

remove the word ‘‘readjustment’’ and 

add in its place the word ‘‘recruitment’’

wherever it appears. 

PART 335—PROMOTION AND 

INTERNAL PLACEMENT 

■ 10. The authority citation for part 335 

continues to read as follows: 

Authority: 5 U.S.C. 3301, 3302, 3330; E.O. 

10577, 3 CFR 1954–1958 Comp., p. 218; 5 

U.S.C. 3304(f), and Pub. L. 106–117. 

§ 335.103 [Amended] 

■ 11. In § 335.103, remove the word 

‘‘readjustment’’ and add in its place the 

word ‘‘recruitment’’ wherever it 

appears. 

72068 Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Rules and Regulations 

PART 550—PAY ADMINISTRATION 

(GENERAL) 

Subpart G—Severance Pay 

■ 12. The authority citation for part 550, 

subpart G, continues to read as follows: 

Authority: 5 U.S.C. 5595; E.O. 11257, 3 

CFR, 1964–1965 Comp., p. 357. 

§ 550.703 [Amended] 

■ 13. In § 550.703, remove the word 

‘‘readjustment’’ and add in its place the 

word ‘‘recruitment’’ wherever it 

appears. 

PART 551—PAY ADMINISTRATION 

UNDER THE FAIR LABOR 

STANDARDS ACT (GENERAL) 

■ 14. The authority citation for part 551 

continues to read as follows: 

Authority: 5 U.S.C. 5542(c); Sec. 4(f) of the 

Fair Labor Standards Act of 1938, as 

amended by Pub. L. 93–259, 88 Stat. 55 (29 

U.S.C. 204(f)). 

§ 551.423 [Amended] 

■ 15. In § 551.423, remove the word 

‘‘readjustment’’ and add in its place the 

word ‘‘recruitment’’ wherever it 

appears. 

PART 720—AFFIRMATIVE 

EMPLOYMENT PROGRAMS 

■ 16. The authority citation for part 720 

continues to read as follows: 

Authority: 5 U.S.C. 7201; 42 U.S.C. 2000e; 

38 U.S.C. 101(2), 2011(3), 2014; 5 U.S.C. 

3112; 29 U.S.C. 791(b). 

■ 17. Revise § 720.301 to read as 

follows: 

§ 720.301 Purpose and authority. 

This subpart sets forth requirements 

for agency disabled veteran affirmative 

action programs (DVAAPs) designed to 

promote Federal employment and 

advancement opportunities for qualified 

disabled veterans. The regulations in 

this subpart are prescribed pursuant to 

responsibilities assigned to the Office of 

Personnel Management (OPM) under 38 

U.S.C. 4214, and section 307 of the Civil 

Service Reform Act of 1978 (5 U.S.C. 

3112). 

[FR Doc. 05–23497 Filed 11–30–05; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. 03–019–4] 

Certification Program for Imported 

Articles of Pelargonium spp. and 

Solanum spp. to Prevent Introduction 

of Potato Brown Rot; Correction 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule; correction. 

SUMMARY: We are correcting an error in 

the amendatory instructions in our final 

rule that amended the provisions of a 

certification program for articles of 

Pelargonium spp. and Solanum spp. 

imported from countries where the 

bacterium Ralstonia solanacearum race 

3 biovar 2 is known to occur. The final 

rule was effective and published in the 

Federal Register on October 24, 2005 

(70 FR 61351–61362, Docket No. 03–

019–3). 

EFFECTIVE DATE: December 1, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jeanne Van Dersal, Import Specialist, 

Phytosanitary Issues Management Team, 

PPQ, APHIS, 4700 River Road Unit 140, 

Riverdale, MD 20737–1236; (301) 734–

6653. 

SUPPLEMENTARY INFORMATION: In a final 

rule effective and published in the 

Federal Register on October 24, 2005 

(70 FR 61351–61362, Docket No. 03–

019–3), we amended the provisions of a 

certification program for articles of 

Pelargonium spp. and Solanum spp. 

imported from countries where the 

bacterium Ralstonia solanacearum race 

3 biovar 2 is known to occur. 

In the final rule, it was our intention 

to amend the regulations by amending 

paragraph (r)(3)(viii) of § 319.37–5 to 

modify its restrictions on growing media 

used in production of articles of 

Pelargonium spp. and Solanum spp. 

under the certification program. 

However, our amendatory instruction 

referred instead to paragraph (r)(3)(vii). 

This document corrects that error by 

revising paragraph (r)(3)(viii). 

List of Subjects in 7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

■ Accordingly, 7 CFR part 319 is 

corrected by making the following 

correcting amendments: 

PART 319—FOREIGN QUARANTINE 

NOTICES 

■ 1. The authority citation for part 319 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

■ 2. In § 319.37–5, revise paragraph 

(r)(3)(viii) to read as follows: 

§ 319.37–5 Special foreign inspection and 

certification requirements. 

* * * * * 

(r) * * * 

(3) * * * 

(viii) Growing media for articles of 

Pelargonium spp. and Solanum spp. 

must be free of R. solanacearum race 3 

biovar 2. Growing media and containers 

for articles of Pelargonium spp. and 

Solanum spp. must not come in contact 

with growing media that could transmit 

R. solanacearum race 3 biovar 2 and 

must be grown in an APHIS-approved 

growing medium. 

* * * * * 

Done in Washington, DC, this 22nd day of 

November 2005. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 05–23531 Filed 11–30–05; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE218, Special Condition 23–

158–SC] 

Special Conditions; Cessna Aircraft 

Company; Protection of Systems for 

High Intensity Radiated Fields (HIRF) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued to Cessna Aircraft Co., for the 

Type Certificate of Model 510 Mustang 

airplane. This airplane will have novel 

and unusual design features when 

compared to the state of technology 

envisaged in the applicable 

airworthiness standards. The novel and 

unusual design features include the 

installation of an Electronic Flight 

Instrumentation System (EFIS), Digital 

Air Data Computer (ADC), and a Full 

Authority Digital Engine Control 

(FADEC). The applicable regulations do 

not adequately consider failure of