28908 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Notices

of onsite disposal under the Option 2

limits of the 1981 BTP the Harvard

Avenue site could be released for

unrestricted use, and doses to

hypothetical intruders, who might

construct homes and consume

groundwater and foodstuffs grown in

the wastes, would be acceptable. The

principle comments made by CCBH

were to correct technical

inconsistencies, in the Site Remediation

Plan, related to the design of the

proposed Bert Avenue disposal cell.

A draft of this environmental

assessment was also transmitted to

ODH, OEPA, CCBH, and the Mayor of

Newburgh Heights, Ohio. The CCBH,

OEPA, and the Mayor of Newburgh

Heights had no comments on the draft

EA. ODH concurred with the dose

assessment modeling results, and

indicated that the proposed action will

be protective of public health. ODH also

commented that they desired a

mechanism for detecting disposal cell

failure and deed restrictions that would

limit any type of activity that might

jeopardize disposal cell integrity. As

indicated above, NRC staff consider that

under the Option 2 disposal conditions,

the Harvard Avenue site can be released

for unrestricted use, without postclosure controls related to radioactive

materials.

The NRC staff requested a review by

the Ohio Historic Preservation Office

(OHPO) of the Harvard Avenue

property. The OHPO concluded that the

project, if completed as proposed,

would have no effect on properties

listed on or eligible for the National

Register of Historical Places.

No other sources of information were

used beyond those which are referenced

in the report.

Finding of No Significant Impact

Based on the environmental

assessment, the Commission concludes

that the issuance of the license

amendment will not have a significant

impact on the quality of the human

environment. Accordingly, the

Commission has determined not to

prepare an environmental impact

statement for the proposed action.

Opportunity for a Hearing

On April 11, 1994, the NRC published

in the FR a notice of Consideration of

Amendment to Chemetron Corporation

License and Opportunity for Hearing (59

FR 17124) with respect to the matters

covered in the amendment that is the

subject of this notice. In response to that

notice, Earth Day Coalition submitted a

petition for hearing. On July 7, 1994, the

Presiding Officer granted a three week

period for Earth Day Coalition to

supplement a deficient hearing request.

The Coalition’s petition failed to

demonstrate that the NRC’s standing

requirements were met and that its

concerns were germane to the subject

matter of the proceeding. Because the

Coalition did not file the supplemental

information, on September 1, 1994, the

Presiding Officer dismissed the

proceeding. Accordingly, the agency has

complied with its rules in 10 CFR Part

2, Subpart L, and no further offer of an

opportunity for a hearing is made

regarding the subject matter of this

notice.

The environmental assessment and

the documents related to this proposed

action are available for public

inspection and copying at the NRC’s

Public Document Room, 2120 L Street,

N.W., Washington, DC 20555, and the

NRC’s Local Public Document Room at

the Garfield Heights Branch Library,

5409 Turney Road, Garfield Heights,

Ohio, (Docket No. 040–08724).

For additional information, contact

Timothy C. Johnson, Section Leader,

Materials Decommissioning Section,

Low-Level Waste and Decommissioning

Projects Branch, Division of Waste

Management, Office of Nuclear Material

Safety and Safeguards, (310) 415–7299.

Dated at Rockville, Maryland, this 31st day

of May 1996.

For the Nuclear Regulatory Commission

Robert A. Nelson,

Acting Chief, Low-Level Waste and

Decommissioning Projects Branch, Division

of Waste Management, Office of Nuclear

Material Safety and Safeguards.

[FR Doc. 96–14236 Filed 6–5–96; 8:45 am]

BILLING CODE 7590–01–P

Advisory Committee on Nuclear

Waste; Renewal Notice

AGENCY: U.S. Nuclear Regulatory

Commission (NRC)

ACTION: Notice of renewal of the

Advisory Committee on Nuclear Waste

for a period of two years.

SUPPLEMENTARY INFORMATION: The

Nuclear Regulatory Commission has

determined that renewal of the Charter

for the Advisory Committee on Nuclear

Waste for the two year period

commencing on May 30, 1996, is in the

public interest in connection with

duties imposed on the Commission by

law. This action is being taken in

accordance with the Federal Advisory

Committee Act after consultation with

the Committee Management Secretariat,

General Services Administration.

The purpose of the Advisory

Committee on Nuclear Waste is to

provide advice to the U.S. Nuclear

Regulatory Commission (NRC) on

nuclear waste disposal facilities, as

directed by the Commission. This

includes 10 CFR Parts 60 and 61 and

other applicable regulations and

legislative mandates such as the Nuclear

Waste Policy Act, the Low-Level

Radioactive Waste Policy Act, and the

Uranium Mill Tailings Radiation

Control Act, as amended. The primary

emphasis will be on disposal facilities.

In performing its work, the Committee

will examine and report on those areas

of concern referred to it by the

Commission or its designated

representatives, and will undertake

other studies and activities related to

those issues as directed by the

Commission. The Committee will

interact with representatives of NRC,

ACRS, other federal agencies, state and

local agencies, Indian Tribes, private

organizations, etc., as appropriate to

fulfill its responsibilities.

For Further Information Please

Contact: John T. Larkins, Executive

Director of the Committee, U.S. Nuclear

Regulatory Commission, Washington,

D.C. 20555, telephone (301) 415–7360.

Dated: May 30, 1996.

Andrew L. Bates,

Federal Advisory Committee Management

Officer.

[FR Doc. 96–14237 Filed 6–5–96; 8:45 am]

BILLING CODE 7590–01–P

OFFICE OF GOVERNMENT ETHICS

Extension and Revocation of PostEmployment Waiver

AGENCY: Office of Government Ethics

(OGE).

ACTION: Notice; extension and

revocation of waiver.

SUMMARY: The Office of Government

Ethics is giving notice of the extension,

for up to an additional four months

(until November 1, 1996 or the effective

date of any corrective legislation, if

earlier), of a short-term postGovernment employment waiver of

certain ‘‘senior employee’’ restrictions it

granted earlier this year to position

holders who, but for the pay raise

authorized by Executive Order 12984 (or

a pay raise tied thereto), would not

receive a rate of basic pay equal to or

greater than the rate of basic pay for

level V of the Executive Schedule. This

additional extension is provided to

allow time for full consideration of

legislation pending in this Congress

which contains a new definition of

‘‘senior employee’’ complementary to

this waiver. This shall also serve as
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Notices 28909

notice that the waiver is revoked as of

the same date.

EFFECTIVE DATE: June 6, 1996.

ADDRESSES: Copies of the OGE

Memorandum discussed in the

Supplementary Information section

below may be obtained, without charge,

by contacting William E. Gressman,

Office of Government Ethics, Suite 500,

1201 New York Avenue, NW.,

Washington, DC 20005–3917. That

document is also available on OGE’s

electronic bulletin board TEBBS (‘‘The

Ethics Bulletin Board Service’’).

Information regarding TEBBS may also

be obtained from Mr. Gressman.

FOR FURTHER INFORMATION CONTACT: Mr.

Gressman at OGE, telephone: 202–208–

8000, ext. 1110; FAX: 202–208–8037

(please note the new OGE telephone and

FAX numbers).

SUPPLEMENTARY INFORMATION: On

December 28, 1995, President Clinton

signed Executive Order 12984,

‘‘Adjustments of Certain Rates of Pay

and Allowances.’’ See 61 FR 237–246

(part III of the January 3, 1996 issue), as

amended by E.O. 12990 of February 29,

1996 as to the uniformed services (see

61 FR 8467–8470 (March 5, 1996 issue)).

Executive Order 12984 raised the rate of

basic pay for Senior Executive Service

(SES) level 4 to $109,400 per year, an

amount greater than the rate of basic pay

for level V of the Executive Schedule, at

$108,200 per year. Since the Executive

Schedule level V rate of basic pay

(which has not been increased since

January 1993) is the threshold level for

‘‘senior employee’’ status under 18

U.S.C. 207(c)(2)(A)(ii) of the postGovernment employment conflict of

interest statute, the pay raise would

have subjected employees occupying

positions at SES level 4, and other

similarly situated positions, to the

‘‘senior employee’’ restrictions set forth

in 18 U.S.C. 207 (c) and (f).

On January 4, 1996, pursuant to its

authority under 18 U.S.C. 207(c)(2)(C),

the Office of Government Ethics granted

a temporary waiver effective for six

months, until June 30, 1996, from the

‘‘senior employee’’ post-Government

employment restrictions of 18 U.S.C.

207 (c) and (f) to a specified group of

executive branch employees. The group

of employees to which OGE granted the

waiver last January was constituted of

all executive branch employees whose

rate of basic pay on December 28, 1995

was less than the rate of basic pay

payable for level V of the Executive

Schedule and who as a direct result of

Executive Order 12984, or any other

Executive order or statute the terms of

which are tied to the pay raise effected

through that Executive order, would

have had their basic rate of pay

increased to an amount equal to or

greater than the rate of basic pay for

level V of the Executive Schedule and

whose position would then be described

in 18 U.S.C. 207(c)(2)(A)(ii). See OGE’s

January 4, 1996 Memorandum (# DO–

96–001) to heads of agencies, designated

agency ethics officials and inspectors

general. The Office of Government

Ethics clarifies that the waiver also is

(and has been) applicable to any

otherwise covered position for which

the rate of basic pay is (or was)

administratively determined by an

agency, provided that such

determination is (or was) tied to the

raise effected by E.O. 12984.

Thus OGE’s waiver, in describing the

persons covered by reference to

Executive Order 12984 which dealt in

part with the Senior Executive Service

pay raise, directly and expressly

covered those holding SES level 4

positions. In addition, the waiver also

covered all other Federal executive

branch personnel similarly situated in

different personnel schedules and

systems meeting the above-noted

criteria for coverage under the waiver.

The Office of Government Ethics is

further clarifying that, during the period

of this waiver from January 1, 1996 until

its extended expiration and revocation

no later than November 1, 1996, the

waiver also covers all persons hired at,

promoted into or otherwise entering an

SES level 4 position (but not an SES

level 5 or 6 position), or an equivalent

level position in another executive

branch schedule/system. Moreover, as

to any such persons who leave a

position covered by the waiver during

its term of application, the postemployment waiver from senior

employee status becomes permanent—

they will not be subject to the

restrictions at 18 U.S.C. 207 (c) and (f).

The Office of Government Ethics was

not required by 5 CFR 2641.201(d) to

publish its position waiver (exemption)

determination in the Federal Register.

Instead, the January 4, 1996 waiver

determination was disseminated by

memorandum and notice on OGE’s

electronic bulletin board to the

executive branch departments and

agencies. The Office of Government

Ethics is required to publish any annual

update to the compilation of exempted

positions or categories of positions in

appendix A to 5 CFR part 2641. Thus

far, no update has been published in

1996. Moreover, OGE is also required to

publish a 90-day advance notice of any

revocation of a position waiver in the

Federal Register. In accordance with

that notice requirement, OGE earlier

published a revocation notice at 61 FR

14326–14328 (April 1, 1996), indicating

that the original six-month waiver

would expire and was to be revoked

effective July 1, 1996. The newly

extended waiver revocation date

announced in this notice supersedes the

waiver revocation date set forth in the

April Federal Register notice.

In granting the waiver last January,

OGE indicated several reasons for its

issuance. In addition to providing

adequate notice to about-to-be newly

affected ‘‘senior employees’’ as well as

their agencies, one primary reason was

to give OGE time to discuss with

Congress any possible changes to 18

U.S.C. 207 that would take into

consideration the effect of pay

compression on the applicability of

post-employment restrictions. One

underlying concept of the postemployment restrictions is that the more

severe restrictions should only apply to

those serving in the most senior career

and political positions. The Office of

Government Ethics has seen no

evidence that the goals of the postemployment restrictions have not been

properly met since the new postemployment law took effect in 1991,

during which time those at SES level 4,

and those in equivalently compensated

positions, have not been subject to

‘‘senior employee’’-level restrictions.

With regard to the legislative

initiative, the bill in the House of

Representatives to reauthorize the Office

of Government Ethics (H.R. 3235) now

contains a provision that would key

‘‘senior employee’’ status under section

207(c)(2)(A)(ii) to employment in a

position for which the basic rate of pay

(excluding any locality-based pay

adjustment or comparable adjustment

pursuant to interim authority of the

President) is equal to or greater than the

rate of basic pay payable for level 5 of

the SES, rather than that for level V of

the Executive Schedule. H.R. 3235 was

recently reported out of the House

Committee on the Judiciary.

Thus, in OGE’s view, there is

sufficient progress on the above-noted

proposed amendment to section 207 for

OGE to extend the January 4, 1996

waiver for up to four more months,

beyond the previously scheduled

expiration date of July 1, 1996, until

November 1, 1996 at the latest to allow

for the possible passage, signature and

effectiveness of this corrective provision

and thereby avoid a gap in waiver

coverage in the interim. If the statutory

amendment were to take effect before

November 1, 1996, the terms of the new

law would then govern and this waiver

would lapse by operation of law. If not,

under 5 CFR 2641.201(d)(4), OGE

hereby gives notice that the above-
28910 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Notices

referenced post-employment waiver,

granted in its January 4, 1996

Memorandum and as extended in this

document, will expire and is revoked

effective on November 1, 1996. The

Office of Government Ethics will keep

agencies informed of further progress on

the legislative initiative.

Even if the post-employment law is

not amended, executive branch

departments and agencies can still over

the next several months consider and

prepare, if appropriate, requests for the

long-term exemption of individual

positions or categories of positions to be

submitted to OGE for consideration

pursuant to 5 CFR 2641.201(d)(3) of

OGE’s post-Government employment

regulations. Under the statute and

OGE’s implementing regulations, the

OGE Director may determine that a

waiver (exemption) is warranted with

respect to a qualified position or a

category of positions if he finds that the

imposition of the restrictions with

respect thereto would create an undue

hardship to the department or agency

concerned in obtaining qualified

personnel to fill the position(s) and that

granting the exemption would not create

the potential for use of undue influence

or unfair advantage based on past

Government service. See 18 U.S.C.

207(c)(2)(C) and 5 CFR 2641.201(d)(5).

In light of the pendency of a possible

legislative amendment and because of

this extension of the existing waiver,

OGE requests that departments and

agencies wait until late summer before

filing any requests for exemption as to

SES level 4 and similarly situated

positions which are covered by the

current OGE waiver and which they

believe should be permanently

exempted based on the statutory and

regulatory criteria.

Approved: May 22, 1996.

Stephen D. Potts,

Director, Office of Government Ethics.

[FR Doc. 96–14199 Filed 6–5–96; 8:45 am]

BILLING CODE 6345–01–U

OFFICE OF PERSONNEL

MANAGEMENT

Submission for OMB Review;

Comment Request For Reclearance of

Information Collection SF 2802, SF

2802B, and RI 36–7

AGENCY: Office of Personnel

Management.

ACTION: Notice.

SUMMARY: In accordance with the

Paperwork Reduction Act of 1995

(Public Law 104–13, May 22, 1995), this

notice announces that the Office of

Personnel Management will submit to

the Office of Management and Budget a

request for reclearance of the following

information collections. SF 2802,

Application for Refund of Retirement

Deductions (CSRS), SF 2802B, Current/

Former Spouse’s Notification of

Application for Refund of Retirement

Deductions, and RI 36–7, Marital

Information Required of Refund

Applicants. OPM must have the SF 2802

completely filled out and signed before

paying a refund of retirement

contributions. SF 2802B must also be

completed if there are spouse(s) or

former spouse(s) who must be notified

of the employee’s intent to take a

refund. RI 36–7 is needed when the SF

2802 is incomplete as to the applicant’s

marital status.

Approximately 35,000 SF 2802 forms

are completed annually. Each form takes

approximately 45 minutes to complete.

The annual estimated burden is 26,250

hours. Approximately 31,500 SF 2802B

forms are completed annually. Each

form takes approximately 15 minutes to

complete. The annual estimated burden

is 7,875 hours. Approximately 21,050 RI

36–7 forms are completed annually.

Each form takes approximately 10

minutes to complete. The annual

estimated burden is 3,508 hours. The

combined total annual burden is 37,633

hours.

For copies of this proposal, contact

Jim Farron on (202) 418–3208, or E-mail

to jmfarron@mail.opm.gov

DATES: Comments on this proposal

should be received by July 8, 1996.

ADDRESSES: Send or deliver comments

to—

Lorraine E. Dettman, Chief, Operations

Support Division, Retirement and

Insurance Service, U.S. Office of

Personnel Management, 1900 E Street

NW., Room 3349, Washington, DC

20415–0001

and

Joseph Lackey, OPM Desk Officer,

Office of Information and Regulatory

Affairs, Office of Management and

Budget, New Executive Office

Building, NW., Room 3002,

Washington, DC 20503

FOR INFORMATION REGARDING

ADMINISTRATIVE COORDINATION—CONTACT:

Mary Beth Smith-Toomey, Management

Services Division, (202) 606–0623.

U.S. Office of Personnel Management.

Lorraine A. Green,

Deputy Director.

[FR Doc. 96–14250 Filed 6–5–96; 8:45 am]

BILLING CODE 6325–01–M

POSTAL RATE COMMISSION

[Docket No. A96–17]

In the Matter of: Huntley, Nebraska

68951: (J. Donald Schluntz, Petitioner);

Notice and Order Accepting Appeal

and Establishing Procedural Schedule

Under 39 U.S.C. 404(b)(5)

Issued June 3, 1996.

Docket Number: A96–17.

Name of Affected Post Office:

Huntley, Nebraska 68951.

Name(s) of Petitioner(s): J. Donald

Schluntz.

Type of Determination: Closing.

Date of Filing of Appeal Papers: May

28, 1996.

Categories of Issues Apparently

Raised:

1. Effect on postal services [39 U.S.C.

404(b)(2)(C)].

2. Effect on the community [39 U.S.C.

404(b)(2)(A)].

After the Postal Service files the

administrative record and the

Commission reviews it, the Commission

may find that there are more legal issues

than those set forth above. Or, the

Commission may find that the Postal

Service’s determination disposes of one

or more of those issues.

The Postal Reorganization Act

requires that the Commission issue its

decision within 120 days from the date

this appeal was filed (39 U.S.C. 404

(b)(5)). In the interest of expedition, in

light of the 120-day decision schedule,

the Commission may request the Postal

Service to submit memoranda of law on

any appropriate issue. If requested, such

memoranda will be due 20 days from

the issuance of the request and the

Postal Service shall serve a copy of its

memoranda on the petitioners. The

Postal Service may incorporate by

reference in its briefs or motions, any

arguments presented in memoranda it

previously filed in this docket. If

necessary, the Commission also may ask

petitioners or the Postal Service for

more information.

The Commission Orders

(a) The Postal Service shall file the

record in this appeal by June 12, 1996.

(b) The Secretary of the Postal Rate

Commission shall publish this Notice

and Order and Procedural Schedule in

the Federal Register.

By the Commission.

Margaret P. Crenshaw,

Secretary.

Appendix

May 28, 1996—Filing of Appeal letter

June 3, 1996—Commission Notice and Order

of Filing of Appeal