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

62701

Vol. 60, No. 235

Thursday, December 7, 1995

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 532

RIN 3206–AG83

Prevailing Rate Systems; Technical

Corrections and Clarifications

AGENCY: Office of Personnel

Management.

ACTION: Final rule.

SUMMARY: The Office of Personnel

Management is issuing a final rule to

correct and clarify certain matters

relating primarily to pay administration

under the Federal Wage System. This

rule corrects errors and eliminates

ambiguities in the administration of the

system.

EFFECTIVE DATE: January 8, 1996..

FOR FURTHER INFORMATION CONTACT:

Paul Shields, (202) 606–2848.

SUPPLEMENTARY INFORMATION: On July

14, 1995, OPM published a proposed

rule to correct and clarify matters

relating primarily to pay administration

under the Federal Wage System. The

purpose is to correct errors and

eliminate ambiguities in the

administration of the system. The

proposed rule provided a 30-day period

for public comment. OPM received no

comments during the comment period.

Therefore, the proposed rule is being

adopted as a final rule.

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

agencies and employees.

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.

Lorraine A. Green,

Deputy Director.

Accordingly, OPM is amending 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.

Subpart B—Prevailing Rate

Determinations

2. Section 532.241 is amended by

revising paragraph (a)(1) to read as

follows:

§ 532.241 Analysis of usable wage survey

data.

(a)(1) The lead agency shall compute

a weighted average rate for each

appropriated fund survey job having at

least 10 unweighed matches and for

each nonappropriated fund job having

at least 5 unweighed matches. The

weighted average rates shall be

computed using the survey job data

collected in accordance with §§ 532.235

and 532.247 and the establishment

weight.

* * * * *

3. In § 532.267, paragraph (c)(1) is

revised to read as follows:

§ 532.267 Special wage schedules for

aircraft, electronic, and optical instrument

overhaul and repair positions in Puerto

Rico.

* * * * *

(c) * * *

(1) Surveys shall, at a minimum,

include the air transportation and

electronics industries in SIC’s 3571,

3572, 3575, 3577, 3663, 3669, 3672,

3674, 3679, 3695, 3812, 4512, 4513,

4522, 4581, 5044, and 5045.

* * * * *

Subpart D—Pay Administration

4. In § 532.401, the definition of

Change to a lower grade is removed, a

new definition for Change to lower

grade is added, and the definition of

Promotion is revised to read as follows:

§ 532.401 Definitions.

* * * * *

Change to lower grade means a

change in the position of an employee

who, while continuously employed—

(1) Moves from a position in one

grade of a prevailing rate schedule

established under this part to a position

in a lower grade of the same type

prevailing rate schedule, whether in the

same or different wage area;

(2) Moves from a position under a

prevailing rate schedule established

under this part to a position under a

different prevailing rate schedule (e.g.,

WL to WG) with a lower representative

rate; or

(3) Moves from a position not under

a prevailing rate schedule to a position

with a lower representative rate under a

prevailing rate schedule.

* * * * *

Promotion means a change in the

position of an employee who, while

continuously employed—

(1) Moves from a position in one

grade of a prevailing rate schedule

established under this part to a position

in a higher grade of the same type

prevailing rate schedule, whether in the

same or different wage area;

(2) Moves from a position under a

prevailing rate schedule established

under this part to a position under a

different prevailing rate schedule (e.g.,

WG to WL) with a higher representative

rate; or

(3) Moves from a position not under

a prevailing rate schedule to a position

with a higher representative rate under

a prevailing rate schedule.

* * * * *

5. In § 532.405, paragraph (d) is added

to read as follows:

§ 532.405 Use of highest previous rate.

* * * * *

(d) The highest previous rate may be

based upon a rate of pay received during

a temporary promotion, so long as the

temporary promotion is for a period of

not less than 1 year. This limitation

does not apply upon permanent

placement in a position at the same or

higher grade.

6. In § 532.415, paragraph (c) is

revised to read as follows:

§ 532.415 Application of new or revised

wage schedules.

* * * * *

(c) In applying a new or revised wage

schedule, the scheduled rate of pay of

an employee paid at one of the steps of

the employee’s grade on an old wage

schedule shall be adjusted upward to

the newly adjusted rate for the same

numerical step of the grade whenever
62702 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations

there is an increase in rates. Except

when there is a decrease in wage rates

because of a statutory reduction in

scheduled rates, the employee is

entitled to pay retention as provided in

5 CFR 536.104(a)(3).

[FR Doc. 95–29700 Filed 12–06–95; 8:45 am]

BILLING CODE 6325–01–M

APPALACHIAN REGIONAL

COMMISSION

5 CFR Part 1900

Repeal of Employee Responsibilities

and Conduct Regulations for

Appalachian Regional Commission

Federal Employees (Federal Staff)

AGENCY: Appalachian Regional

Commission (ARC or Agency).

ACTION: Final rule.

SUMMARY: The Appalachian Regional

Commission is issuing as a final rule

regulations for the officers and

employees of the Agency’s Federal staff

which repeal its superseded employee

standards of conduct and crossreference the Standards of Ethical

Conduct for Employees of the Executive

Branch (Standards) and Executive

Branch Financial Disclosure, Qualified

Trusts, and Certificates of Divestiture

Regulations (Regulations) issued by the

Office of Government Ethics (OGE).

EFFECTIVE DATE: December 7, 1995.

FOR FURTHER INFORMATION CONTACT:

Guy Paul Land, Counsel to the Federal

Co-Chairman, Appalachian Regional

Commission, 1666 Connecticut Avenue

NW., Washington DC 20235, 202–884–

7660.

SUPPLEMENTARY INFORMATION: On August

7, 1992, OGE published Standards of

Ethical Conduct for Employees of the

Executive Branch. The Standards,

which are codified at 5 CFR part 2635,

became effective on February 3, 1993.

They established uniform ethical

conduct standards applicable to all

executive branch personnel and hence

are applicable to ARC Federal

employees. On April 7, 1993, OGE also

published the Executive Branch

Financial Disclosure, Qualified Trusts,

and Certificates of Divestiture

Regulations which are applicable to all

executive branch employees. The

Financial Disclosure Regulations, which

are codified at 5 CFR part 2634, took

effect upon publication except for the

rules on confidential disclosure which

became effective on October 5, 1992.

These Regulations are also applicable to

ARC Federal employees. As a result of

the implementation by OGE of the

Standards of Conduct and Financial

Disclosure Regulations for executive

branch personnel, on the effective date

of this final rule, the Agency’s

regulations on employee

Responsibilities and Conduct, 5 CFR

part 1900, will be amended to remove

sections 1900.735–101 through

1900.735–108 and add a new section

1900.100 to provide a cross-reference to

the Executive Branch Standards and

Financial Disclosure Regulations.

Administrative Procedure Act

Pursuant to 5 U.S.C. 553(b), the

Appalachian Regional Commission

finds good cause exists for waiving the

general notice of proposed rulemaking

as to this final rule. The notice is being

waived because this rulemaking relating

to ARC Federal employees concerns

matters of agency organization, practice

and procedure. Further, it is in the

public interest that the final rule, which

repeals superseded ARC regulations and

promulgates a cross-reference to the

currently effective branch-wide

Standards and Financial Disclosure

Regulations, become effective upon

publication in the Federal Register.

Executive Order 12866

In promulgating this final regulation,

the Appalachian Regional Commission

adhered to the regulatory philosophy

and the applicable principles of

regulation set forth in section 1 of

Executive Order 12866, Regulatory

Planning and Review. This final rule

has not been reviewed by the Office of

Management and Budget under that

Executive order, since it deals with

agency organization, management, and

personnel matters and is not in any

event deemed ‘‘significant’’ thereunder.

Regulatory Flexibility Act

The Appalachian Regional

Commission has determined under the

Regulatory Flexibility Act (5 U.S.C.

chapter 6) that this regulation will not

have a significant impact on small

business entities because it affects only

ARC Federal employees.

Paperwork Reduction Act

The Appalachian Regional

Commission has determined that the

Paperwork Reduction Act (44 U.S.C.

chapter 35) does not apply because this

regulation does not contain any

information collection requirements that

require the approval of the Office of

Management and Budget.

List of Subjects in 5 CFR Part 1900

Conflict of interests, Government

employees.

Approved: November 30, 1995.

Jesse L. White, Jr.,

Federal Co-Chairman, Appalachian Regional

Commission.

For the reasons set forth in the

preamble, the Appalachian Regional

Commission is revising part 1900 of title

5 of the Code of Federal Regulations to

read as follows:

PART 1900—EMPLOYEE

RESPONSIBILITIES AND CONDUCT

Authority: 5 U.S.C. 7301, 40 U.S.C. App.

106.

Section 1900.100 Cross-references to

employee ethical conduct standards and

financial disclosure regulations.

Officers and employees of the

Appalachian Regional Commission

Federal Staff are subject to the

Standards of Ethical Conduct for

Employees of the Executive Branch at 5

CFR part 3635 and the executive

branch-wide financial disclosure

regulations at 5 CFR part 2634.

[FR Doc. 95–29884 Filed 12–6–95; 8:45 am]

BILLING CODE 6130–01–M

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 17

Regulations Governing the Financing

of Commercial Sales of Agricultural

Commodities

AGENCY: Foreign Agricultural Services,

USDA.

ACTION: Final rule.

SUMMARY: This rule amends regulations

applicable to the financing of the sale

and exportation of agricultural

commodities pursuant to title I of the

Agricultural Trade Development and

Assistance Act of 1954, as amended

(Pub. L. 480).

The purposes of these changes are: To

eliminate the potential for certain

conflicts of interest; to keep the costs of

the Public Law 480, title I program as

low as possible; to insure that all

persons seeking to participate in

supplying and shipping commodities

financed under Public Law 480, title I,

receive fair and equitable treatment; and

to reflect a reorganization of

administrative functions within the

Department of Agriculture.

EFFECTIVE DATE: See SUPPLEMENTARY

INFORMATION for compliance

requirements.

FOR FURTHER INFORMATION CONTACT:

Connie B. Delaplane, Director, P.L. 480

Operations Division, Export Credits,