Table Of Content1-17-91
Vol. 56 No. 12
Thursday
January 17, 1991
United States
SECOND CLASS NEWSPAPER
Government
Printing Office Postage and Fees Paid
U.S. Government Printing Office
SUPERINTENDENT (ISSN 0097-6326)
OF DOCUMENTS
Washington, DC 20402
OFFICIAL BUSINESS
Penalty for private use, $300
1-17-1991 Thursday
Vol. 56 No. 12 January 17, 1991
Pages 1721-1910
Briefings on How To Use the Federal Register
For information on briefings in Washington, DC, Los
Angeles, and San Diego, CA, see announcement on the
inside cover of this issue.
IT Federal Register Vol. 56, No. 12 / Thursday, January 17, 1991
THE FEDERAL REGISTER
FEDERAL REGISTER Published daily, Monday through Friday, WHAT IT IS AND HOW TO USE IT
(not published on Saturdays, Sundays, or On official holidays),
by the Office of the Federal Register, National Archives and FOR: Any person who uses the Federal Register and Code of
Records Administration, Washington, DC 20408, under the Federal Regulations.
Federal Register Act (49 Stat. 500, as amended; 44 U.S.C. Ch.
WHO: The Office of the Federal Register.
15) and the regulations of the Administrative Committee of the
Federal Register (1 CFR Ch. I). Distribution is made only by the WHAT: Free public briefings (approximately 3 hours) to present:
Superintendent of Documents, U.S. Government Printing Office, 1. The regulatory process, with a focus on the Federal
Washington, DC 20402. Register system and the public’s role in the
The Federal Register provides a uniform system for making development of regulations.
available to the public regulations and legal notices issued by 2. The relationship between the Federal Register and Code
Federal agencies. These include Presidential proclamations and of Federal Regulations.
Executive Orders and Federal agency documents having general 3. The important elements of typical Federal Register
applicability and legal effect, documents required to be documents.
published by act of Congress and other Federal agency 4. An introduction to the finding aids of the FR/CFR
documents of public interest. Documents are on file for public system.
inspection in the Office of the Federal Register the day before WHY: To provide the public with access to information
they are published, unless earlier filing is requested by the necessary to research Federal agency regulations which
issuing agency. directly affect them. There will be no discussion of
The seal of the National Archives and Records Administration specific agency regulations.
authenticates this issue of the Federal Register as the official
serial publication established under the Federal Register Act. 44
U.S.C. 1507 provides that the contents of the Federal Register WASHINGTON, DC
shall be judicially noticed.
WHEN: January 24, at 9:00 a.m.
The Federal Register will be furnished by mail to subscribers WHERE: Office of the Federal Register,
for $340 per year in paper form; $195 per year in microfiche First Floor Conference Room,
form; or $37,500 per year for the magnetic tape. Six-month 1100 L Street NW., Washington. DC
subscriptions are also available at one-half the annual rate. The RESERVATIONS: 202-523-5240
charge for individual copies in paper or microfiche form is $1.50
for each issue, or $1.50 for each group of pages as actually LOS ANGELES, CA
bound, or $175.00 per magnetic tape. Remit check or money
order, made payable to the Superintendent of Documents, U.S. WHEN: March 4, at 9:00 a.m.
Government Printing Office, Washington, DC 20402, or charge to WHERE: Federal Building,
your GPO Deposit Account or VISA or Mastercard. 300 N. Los Angeles St.
Conference Room 8544
There are no restrictions on the republication of material
Los Angeles, CA
appearing in the Federal Register.
RESERVATIONS: 1-800-726-4995
How To Cite This Publication: Use the volume number and the
page number. Example: 56 FR 12345.
SAN DIEGO CA
WHEN: March 5, at 9:00 a.m.
WHERE: Federal Building,
SUBSCRIPTIONS AND COPIES
880 Front St.
Conference Room 45-13
PUBLIC
San Diego, CA
Subscriptions: RESERVATIONS: 1-800-726-4995
Paper or fiche 202-783-3238
Magnetic tapes 275-3328
Problems with public subscriptions 275-3054
Single copies/back copies:
Paper or fiche 783-3238
Magnetic tapes 275-3328
Problems with public single copies 275-3050
FEDERAL AGENCIES
Subscriptions:
Paper or fiche 523-5240
Magnetic tapes 275-3328
Problems with Federal agency subscriptions 523-5240
For other telephone numbers, see the Reader Aids section
•t the end of this issue.
Ill
Contents
Federal Register
Vol. 56, No. 12
Thursday, January 17, 1991
ACTION Consumer Product Safety Commission
NOTICES NOTICES
Grants and cooperative agreements; availability, etc.: Meetings:
Student community service project guidelines, 1784 Cigarette Fire Safety Technical Advisory Group, 1803
Agency lor Health Care Policy and Research Defense Department
NOTICES See Air Force Department
Medical technology assessments:
Cardiac output monitoring by electrical bioimpedance,
Drug Enforcement Administration
1815
NOTICES
Applications, hearings, determinations, etc.:
Agriculture Department
Norac Co., Inc., 1824
See also Animal and Plant Health Inspection Sendee; Forest
Upjohn Co., 1824
Service
NOTICES
Agency information collection activities under OMB review, Economic Regulatory Administration
1787 NOTICES
Consent orders:
Air Force Department Mt. Airy Refining Co. et al., 1804
RULES
Military personnel: Employment and Training Administration
Military personnel, employees, and dependents available NOTICES
to civilian authorities for trial, 1732 Adjustment assistance:
NOTICES Cytemp Specialty Steel Division et al., 1824
Meetings: Meetings:
Scientific Advisory Board, 1804 Work-Based Learning National Advisory Commission,
1826
Alcohol, Drug Abuse, and Mental Health Administration Nonimmigrant aliens temporarily employed as registered
NOTICES nurses; attestations by facilities; list, 1825
Grants and cooperative agreements; availability, etc.:
Intramural research training award program, 1818
Energy Department
See also Economic Regulatory Administration; Hearings
Animal and Plant Health Inspection Service
and Appeals Office, Energy Department
RULES
RULES
Plant-related quarantine, foreign:
Strategic petroleum reserve trespassing. 1908
Sandpears from Chile, 1730
NOTICES
Meetings:
Centers for Disease Control
U.S./U.S.S.R. Fossil Energy Workshop, 1805
NOTICES Natural gas exportation and importation:
Meetings:
Catamount Natural Gas, Inc., 1805
Vital and Health Statistics National Committee, 1815
Environmental Protection Agency
Children, National Commission
See National Commission on Children PROPOSED RULES
Air quality implementation plans; approval and
Coast Guard promulgation; various States:
California, 1754
RULES
Ports and waterways safety: NOTICES
Pesticides; emergency exemptions, etc.:
New York Harbor; vessel traffic service, 1737
Benomyl, 1810
Fenpropathrin, 1811
Commerce Department
See Foreign-Trade Zones Board; International Trade
Administration; National Oceanic and Atmospheric Executive Office of the President
Administration See Management and Budget Office; National Drug Control
Policy Office
Commodity Futures Trading Commission
NOTICES Federal Aviation Administration
Contract market proposals: PROPOSED RULES
Citrus Associates of New York Cotton Exchange— Airworthiness standards:
Frozen concentrated orange juice; delivery area, 1803 Special conditions—
Meetings; Sunshine Act, 1843 McDonnell Douglas model DC-8-70 series airplanes,
(5 documents) 1750
IV Federal Register / Vol. 56, No. 12 / Thursday, January 17, 1991 / Contents
NOTICES Mendocino National Forest, CA, 1788
Airport noise compatibility program: Payette National Forest, ID, 1789
Noise exposure map— White Mountain National Forest, NH, 1790
Greater Cincinnati International Airport, KY, 1839
Exemption petitions; summary and disposition, 1840 General Services Administration
RULES
Federal Communications Commission
Acquisition regulations:
RULES Supplies; inspection, testing, and shipment/delivery, 1739
Radio stations; table of assignments:
California, 1737
Government Ethics Office
Florida, 1737
RULES
Michigan, 1738
Outside employment limitations and honoraria prohibitions;
(2 documents)
confidential reporting of payments to charities in lieu of
Mississippi, 1738
honoraria, 1721
Missouri, 1739
PROPOSED RULES
Health and Human Services Department
Radio stations; table of assignments:
See Agency for Health Care Policy and Research; Alcohol,
Kansas, 1779
Drug Abuse, and Mental Health Administration;
Oregon, 1780
Centers for Disease Control; Food and Drug
Virginia, 1780
Administration; Indian Health Service; National
Institutes of Health
Federal Deposit Insurance Corporation
NOTICES
Hearings and Appeals Office, Energy Department
Meetings; Sunshine Act, 1843
(2 documents) NOTICES
Cases filed, 1806,1807
(2 documents)
Federal Maritime Commission
Decisions and orders, 1809
NOTICES
Agreements filed, etc., 1812
Indian Health Service
Federal Reserve System NOTICES
Grants and cooperative agreements; availability, etc.:
NOTICES
Meetings; Sunshine Act, 1843 American Indian/Alaska Native tribal organizations;
tribal management program, 1817
Federal Trade Commission
NOTICES Interior Department
Premerger notification waiting periods; early terminations, See Land Management Bureau
1812
Prohibited trade practices: Internal Revenue Service
Kreepy Krauly USA, Inc., 1813 PROPOSED RULES
Excise taxes:
Food and Drug Administration Retailers; certain luxury items
PROPOSED RULES Hearings, 1754
Food additives:
Polymers— International Trade Administration
Acrylonitrile copolymers, 1753 NOTICES
NOTICES Antidumping:
Meetings: Animal glue and inedible gelatin from Sweden, 1792
Advisory committees, panels, etc., 1818 Clear sheet glass from Italy, 1793
Consumer information exchange, 1817 Fresh cut flowers from—
Mexico, 1794
Foreign-Trade Zones Board Polychloroprene rubber from Japan, 1799
NOTICES Sheet piling from Canada, 1800
Applications, hearings, determinations, etc.: Aiftidumping and countervailing duties:
Illinois— Administrative review requests, 1793
Fedders Air Conditioner Plant; room air conditioner Countervailing duties:
manufacturing plant, 1791 Yam products from Thailand, 1800
New York, 1791 Meetings:
Oregon— Importers and Retailers’ Textile Advisory Committee;
Floating Point Systems, Inc.; computer service correction, 1801
operation, 1792 Management-Labor Textile Advisory Committee;
correction, 1801
Forest Service Scope rulings; list, 1801
NOTICES ^ v ’
Boundary establishment, descriptions, etc.: International Trade Commission
Gifford Pinchot National Forest, WA, 1787 NOTICES
Environmental statements; availability, etc.: Import investigations:
Lake Tahoe Basin; national forest lands, 1788 Chrome-plated Jug nuts from China and Taiwan, 1822
Federal Register / Vol. 56, No. 12 / Thursday, January 17, 1991 / Contents V
Power transmission chains, chain assemblies, National Institutes of Health
components, and products containing same, 1822 NOTICES
Sheet piling from Canada, 1823 Grants and cooperative agreements; availability, etc.:
Intramural research training award program, 1818
interstate Commerce Commission Meetings:
National Institute of Diabetes and Digestive and Kidney
RULES
Diseases, 1819
Motor carriers:
Interstate buses; smoking prohibition, 1745
National Oceanic and Atmospheric Administration
PROPOSED RULES
Contracts and exemptions: RULES
Fishery conservation and management:
Freight car hire compensation practice, 1781
Atlantic mackerel, squid, and butterfish, 1745
NOTICES
Agency information collection activities under OMB review, NOTICES
Meetings:
1823
Western Pacific Fishery Management Council, 1802
Railroad operation, acquisition, construction, etc.:
Consolidated Grain & Barge Co. et al., 1823
National Transportation Safety Board
CSX Transportation, Inc., 1824
NOTICES
Meetings; Sunshine Act, 1844
Justice Department
See Drug Enforcement Administration; Prisons Bureau Nuclear Regulatory Commission
PROPOSED RULES
Labor Department Rulemaking petitions:
See Employment and Training Administration; Mine Safety Young, Charles, 1749
and Health Administration NOTICES
Agency information collection activities under OMB review,
Land Management Bureau 1827
Environmental statements; availability, etc.:
NOTICES
Environmental statements; availability, etc.: Public Service Co. of Colorado, 1828
Elko District, NV, 1819 Meetings:
Reactor Safeguards Advisory Committee, 1829
Jurisdictional transfers:
(2 documents)
Minnesota, 1819
Applications, hearings, determinations, etc.:
Land use plans:
Southern California Edison Co. et al., 1829
Arizona, 1821
Opening of public lands:
Office of Management and Budget
Colorado, 1821
See Management and Budget Office
Survey plat filings:
Colorado, 1821
Oversight Board
Withdrawal and reservation of lands:
NOTICES
Idaho, 1821
Meetings; regional advisory boards:
Regions 1 and 2, 1831
Management and Budget Office
NOTICES Prisons Bureau
Budget rescissions and deferrals PROPOSED RULES
Cumulative reports, 1902 Inmate control, custody, care, etc.:
Literacy program (GED standard), 1898
Mine Safety and Health Administration
NOTICES Public Health Service
Safety standard petitions: See Alcohol, Drug Abuse, and Mental Health
Southern Ohio Coal Co., 1826 Administration; Centers for Disease Control; Food and
Drug Administration; Indian Health Service; National
Institutes of Health
National Commission on Children
NOTICES
Securities and Exchange Commission
Hearings, 1827
NOTICES
Self-regulatory organizations; proposed rule changes:
National Drug Control Policy Office
Chicago Board Options Exchange, Inc., 1831
NOTICES
Depository Trust Co., 1832
Meetings:
Intermarket Clearing Corp., 1834
President’s Drug Advisory Council, 1827
MBS Clearing Corp., 1835
National Association of Securities Dealers, Inc., 1836
National Highway Traffic Safety Administration Applications, hearings, determinations, etc.:
NOTICES Merrill Lynch Government Fund Jnc., 1836
Motor vehicle safety standards; exemption petitions, etc.: Merrill Lynch Institutional Fund Inc., 1837
General Motors Corp., 1841 United Financial Group, Inc., 1838
National Institute for Occupational Safety and Health Sentencing Commission, United States
See Centers for Disease Control See United States Sentencing Commission
VI Federal Register / Vali 56, No. 12 / Thursday, January 17, 1991 f Contents
Transportation Department CFR PARTS AFFECTED IN THIS ISSUE
See also Coast Guard; Federal Aviation Administration;
National Highway Traffic Safety Administration A cumulative list of the parts affected this month can be found in
RULES the Reader Aids section at the end of this issue.
Aviation proceedings:
Freely Associated States; essential air transportation, 5 CFR 47 CFR
1732 2636..................................1721 73 (6 documents)_____1737-
1739
7 CFR
Treasury Department 319....................................1730 Proposed Rules:
73 (3 documents).............1779,
See Internal Revenue Service 10 CFR
1780
1048............................ ..1908
United State* Sentencing Commission' Proposed Rules: 48 CFR
523.....................................1739
NOTICES 50...............................____1749 546.....................................1739
Sentencing guidelines and policy statements for Federal 14 CFR 552..............................___1739
courts, 1846 272....................................1732 49 CFR
Proposed Rules: 1061.................................1745
Veterans Affairs Department 21......................................1750 Proposed Rules:
NOTICES 25.......:..............................1750 1033...................................1781
Meetings: 21 CFR 1039..........................„.....„1781
Readjustment Problems of Vietnam Veterans Advisory Proposed Rules: 50 CFR
173........................ ........1753 655.....................................Î745
Committee, 1841
175.......................... ........1753
176....................................1753
177....................................1753
178....................................1753
Separate Parts In This Issue
179....................................1753
180....................................1753
Part II 181....................................1753
United States Sentencing; Commission,. 1846 26 CFR
Proposed Rules:
Part III 48......................................1754
Department of Justice,. Bureau of Prisons, 1898. 28 CFR
Proposed Rules:
Part IV 544....................................1898
Office of Management? and Budget, 1902
32 CFR
884....................................1732
Part V
33 CFR
Department of Energy, 1908 161....................................1737
40 CFR
Proposed Rules:
Reader Aids 51......................................1754
Additional information, including a list of public 52......................................1754
laws, telephone numbers, and finding aids, appears
in the Reader Aids section at the end of this issue~
1721
Rules and Regulations
Federal Register
Vol. 56, No. 12
Thursday, January 17, 1991
This section of the FEDERAL REGISTER effect on January 1,1991. Sections 501 authority to issue regulations with
contains regulatory documents having through 505 cease to be effective if the respect to officers and employees of the
general applicability and legal effect, most salary increase provisions of section 703 executive branch. The provisions of 5
of which are keyed to and codified in of the Ethics Reform Act of 1989 are U.S.C. app. 102(a)(1)(A) and 501 through
the Code of Federal Regulations, which is
repealed. 505 become effective Janaury 1,1991.
published under 50 titles pursuant to 44
U.S.C. 1510. DATES: Interim regulation effective Under section 603 of the Ethics Reform
The Code of Federal Regulations is sold January 1,1991, except § 2636.205 which Act of 1989, section 501 through 505
by the Superintendent of Documents. will be effective May 15,1991, after cease to be effective if the pay increase
Prices of new books are listed in the review and approval by the Office of provisions of section 703 of that Act are
first FEDERAL REGISTER issue of each Management and Budget in accordance subsequently repealed, in which case
week. with the Paperwork Reduction Act. the laws in effect before such
Comments by agencies and the public amendments shall be deemed to be
are invited and must be received by reenacted.
OFFICE OF GOVERNMENT ETHICS
February 19,1991. Section 501(b) prohibits an individual
5 CFR Part 2636 ADDRESSES: Comments on this interim from receiving any honorarium while
that individual is a Member, officer or
regulation should be sent to the Office of
RIN 3209-AA13 employee. The term “honorarium” is
Government Ethics, suite 500,1201 New
defined in section 505 to mean “a
Limitations on Outside Employment York Avenue, NW„ Washington, DC
payment of money or anything of value
and Prohibition of Honoraria; 20005-3917, Attention: Ms. Wilcox. Any
for an appearance, speech or article”
Confidential Reporting of Payments to comments on the reporting requirements
and to exclude certain actual and
Charities in Lieu of Honoraria under § 2636.205 should additionally be
necessary travel expenses. The interim
filed with the Office of Management and
agency: Office of Government Ethics. Budget (see the “Paperwork Reduction rule at § 2636.203 further defines the
ACTION: Interim rule with request for Act” discussion below). term “honorarium” and includes
comments. definitions of the relevant terms
FOR FURTHER INFORMATION CONTACT: "appearance,” "speech,” and "article.”
SUMMARY: The Office of Government Leslie Wilcox, Office of Government These definitions are similar but not
Ethics is issuing a new part 2636 of title Ethics, telephone (202/FTS) 523-5757, idential to the definitions contained in
5 of the Code of Federal Regulations to FAX (202/FTS) 523-6325. the Federal Elections Commission
implement 5 U.S.C. app. 501 through 505, SUPPLEMENTARY INFORMATION: regulations at 11 CFR 110.12
as added by title VI of the Ethics Reform implementing the honoraria restrictions
A. Summary of Legal Background
Act of 1989, and the related reporting imposed by 2 U.S.C 441i. As amended by
requirement contained in 5 U.S.C. app. This interim rule, published by the the Ethics Reform Act of 1989, 2 U.S.C.
102(a)(1)(A), as added by title II of the Office of Government Ethics following 441i will not apply on or after January 1,
Reform Act. As applied to the executive consultation with the Attorney General 1991 to individuals who are subject to
branch, section 501(b) prohibits the and Office of Personnel Management, this interim rule.
receipt of any honorarium by any officer implements the provisions of title V of Section 501(c) provides that an
or employee, other than a special the Ethics in Government Act of 1978, as honorarium that an officer or employee
Government employee. Section 501(c) amended by title VI of the Ethics Reform might receive but for the prohibition in
permits certain payments in lieu of Act of 1989 (Pub. L. 101-194,103 Stat. section 501(b) may be paid on his or her
honoraria to be made to qualifying 1716, as amended by Pub. L. 101-280,104 behalf to a qualifying charitable
charitable organizations. The officer or Stat. 149) and the related reporting organization. An honorarium paid to a
employee on whose behalf a payment to requirement added by title II of the charitable organization under this
a charitable organization is made is Ethics Reform Act of 1989. Title V authority is deemed not to have been
required by section 102(a)(1)(A) to file a amends title 5 of the United States Code received by the officer or employee. The
confidential report identifying the to include new appendix sections 501 interim rule at § 2636.204(b) stresses that
charitable recipients. Section 501(a) and through 505, which impose prohibitions, a payment may be made to a charitable
502 impose a number of additional limitations and restrictions applicable to organization in lieu of an honorarium
limitations and restrictions that apply to personnel in all three branches of only if the honorarium is one the
certain senior-level noncareer officers Government. Title II amends the employee could accept without violating
and employees. These include a per financial disclosure provisions of the applicable standards of conduct or any
annum limitation on the receipt of Ethics in Government Act of 1978 to other conflict of interest statute. Thus,
outside earned income: compensation include a new requirement at 5 U.S.C. an employee who gives a speech as part
and other restrictions applicable to app. 102(a)(1)(A) to report donations to of his official duties may not, in view of
professions which involve a fiduciary charitable organizations in lieu of the supplementation of salary
relationship; a restriction on receipt of honoraria. None of these sections apply prohibition at 18 U.S.C. 209, suggest that
compensation for serving as an officer to special Government employees, to an honorarium offered for that speech
or member of the board of any enlisted members of the uniformed be given instead to a charitable
association, corporation or other entity; services or to individuals whose organization. The interim rule at
and a requirement to obtain advance compensation is disbursed by the § 2636.205, effective May 15,1991, also
authorization to engage in teaching for Secretary of the Senate. Section 503(2) will implement the reporting
compensation. These provisions take gives the Office of Government Ethics requirement of 5 U.S.C. app. 102(a)(1)(A)
1722 Federal Register / Vol. 56, No. 12 / Thursday, January 17, 1991 / Rules and Regulations
applicable to a current or former level of Assistant Secretary or Chief of applied' in a narrow, technical sense and
employee who is required to file a Mission. These provisions also apply to wants to ensure that honoraria not reemerge
confidential or public financial all noncareer members of the Senior in various kinds of professional fees from
disclosure report and on whose behalf a Executive Service or of other SES-type outside interests. The task force intends the
payment in lieu of an honorarium is systems, as well as to employees serving ban to reach, for example, services such as
made to a charitable organization. The in Schedule C or noncareer executive legal, real-estate, cons ulting and advising,
insurance, medicine, architecture, or financial
reason for the delayed effective date of assignments positions who are paid at
* * * " 135 Cong. Ree. H9257 (daily ed.
§; 2636.205 of the interim rule is to allow or above the triggering rate. Where the
November 21,1989).
time for Office of Management and pay criterion is met, the class also
Budget fOMR) review and approval includes individuals appointed to The interim rule at § 2636.305(b).
under the Paperwork Reduction Act of positions under agency-specific statutes adopt® an interpretation of the phrase
the reporting requirement thereunder. that establish appointment criteria “profession involving a fiduciary
Further, an implementing standard form- essentially the same as those for relationship” that is intended to carry
for reporting, payments to charitable Schedule C' or noncareer executive out the legislative intent to give these
organizations in lieu of honoraria will be assignment positions. The class of restrictions a broad rather than narrow
issued and made: available though the employees subject to this limitation application.
General Services Administration (GSA) includes certain Presidential appointees Noncareer officers and employees;
after the Office of Government Ethics to full-time noncareer positions who are who are subject to the 15 percent
obtains GSA standard form review and prohibited from receiving any outside outside earned income limitations are
approval and QMB- Paperwork earned income by Section 102 of also prohibited by section 502 from
Reduction Act review and approval of Executive Order 12674, as modified by receiving compensation for serving as
the new form. Since the new law Executive Order 12731 dated October 17, an officer or member of tire board of any
requiring reporting of such payments 1990. association, corporation or other entity
takes effect January 1,1991,. reports filed Under the Federal Employees Pay and from receiving compensation for
on the standard form once § 2636.205 Comparability Act of 1990, Public Law teaching without the prior notification
becomes effective must cover the period 101-509; General Schedule positions at and approval of the designated agency
January 1„ 1991,, to the date of filing. GS-16,17 and 18 will be replaced by a ethics official. The interim rule at
Section 501(a), imposes; a per annum new range, of rates for positions § 2636.306 makes it clear that the former
limitation on outside earned- income classified “above GS-15i.” The pay for prohibition applies to compensated
applicable to certain noncareer officers these positions may be no: less than 120 service with nonprofit as well' as for-
and employ ees whose rates of basic pay percent of the rate for GS-I5, step 1. profit entities and, at § 2636.307, sets
are equal to or greater than the rate of When this provision of the Pay forth procedures by which covered
basic, pay in effect for grade GS-16 of Comparability Act takes effect, this noncareer employees may seek advance
the General Schedule. As described minimum rate for positions classified authorization to engage in teaching for
more fully in the interim rule at ‘‘above GS-15" will replace GS^-16 step compensation.
§ 2636.304, the per annum limitation is a 1 as the rate that triggers application of B. Matters of Regulatory Procedure
dollar amount equal to 15 percent of the the 15 percent outside earned income
rate of pay for level U of the Executive limitation. For purposes of determining Administrative Procedure Act
Schedule in effect on, January 1 of the whether an individual's rate of basic Pursuant to section 553(b) of title 5 of
year in question. For purposes of pay equals or exceeds the triggering, the United States Code, as the Director
applying the 15 percent limitation and rate, adjustments, such as those for of the Office of Government Ethics I
other restrictions applicable to- locality pay authorized by the have found that good cause exists for
Comparability Act, will be disregarded.
noncareer officers and employees* the waiving the general requirements of
Under section 502, noncareer officers
terms ‘‘outside earned income” and notice of proposed rulemaking and 3G
and employees who are subject to the 15
‘‘compensation” are both defined in the day delayed effective date (except for
percent outside earned income
interim rule at § 263.303(b) using interim rule § 2636.205,, see below);
limitation are also prohibited from
concepts similar in some respects to These requirements are being waived
receiving compensation for practicing, a
those, that had been used to implement because the provisions of 5 U.S.C. app.
profession-which involves a fiduciary
the outside earned income limitation 501 through 505 are effective January 1,
relationship or affiliating with or being,
earlier imposed by section 210- of the 1991. Because violation of the
employed by a firm or other entity
Ethics in Government Act of 197ft prohibitions and limitations imposed by
which provides professional services
Section 210-will be repealed effective sections 501 and 502 can result in fines
involving a fiduciary relationship. They
January 1,1991, under the Ethics Reform of $10,000 or the amount of
Act of 1989. are also prohibited from allowing their compensation received for the
name to be used by any such entity.
The class of noncareer employees prohibited conduct, whichever is
These restrictions are implemented in
who are subject to the 15 percent greater, there is a need for an interim
the interim rule at § 2636.305. The
outside earned income limitation is regulation effective January 1,1991.
following excerpt from the report of the
defined in the interim rule at However, the reporting provisions of
Bipartisan Task Force on Ethics that
§ 2636.303(a) to include those- paid at or § 2636.205 will not become effective
recommended the legislation addresses
above the triggering rate, currently that until May 15,1991, in order to allow time
the meaning of the phrase “profession
for GS-16, step 1, who- are appointed by for OMB review and- approval of the
involving a fiduciary relationship”':
the President to positions under the reporting requirement as well as OMB
Executive Schedule, 5 U S.C. 5312 "The-task force notes that- a ‘fiduciary’ is and GSA review and approval of the
through 5317, or to positions that, by generally described as one ‘having a duty, future implementing standard report
statute or as a, matter of practice, are created by his undertaking, to act primarily form that will actually celeet tire
for another’s benefit in matters connected
filled hy Presidential appointment, other with such undertaking* [Black's Law specified information. Any comments
than positions in the uniformed services Dictionary, 5th Ed. 563); However, the task received in response to this interim rule
and within the foreign service below the force intends that the term fiduciary-not be will be considered m formulating a final
