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58638 Federal Register / Vol. 71, No.

192 / Wednesday, October 4, 2006 / Notices

human environment (71 FR 56188, countries regarding compliance with the workforce and those supporting
dated September 26, 2006). eligibility criteria set forth in sections personnel assigned to work directly
This exemption is effective upon 203(c) and (d) and section 204(b)(6)(B) with it. [See Section 4308 of the
issuance. of the ATPA, as amended (19 U.S.C. National Defense Authorization Act for
Dated at Rockville, Maryland, this 27th day 3203(c) and (d); 19 U.S.C. 3203(b)(6)(B)). Fiscal Year 1996 (Pub. L. 104–106; 10
of September 2006. In a Federal Register notice dated U.S.C.A. section 1701 note), as amended
For the Nuclear Regulatory Commission. November 22, 2005, USTR published a by section 845 of the National Defense
Catherine Haney, list of the responsive petitions filed Authorization Act for Fiscal Year 1998
pursuant to the announcement of the (Pub. L. 105–85)]. The project was
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor annual review (69 FR 65674). In a developed under legislative authority
Regulation. Federal Register notice dated February granted in Fiscal Year 1996 and
[FR Doc. E6–16357 Filed 10–3–06; 8:45 am] 27, 2006, USTR announced the results modified in Fiscal Year 1998.
of the preliminary review by the Trade Subsequent legislation authorized
Policy Staff Committee (TPSC) of these establishment of NSPS, a human
petitions. The notice also indicated that resources management system for DoD
the TPSC would continue to review the under 5 U.S.C. 9902, as enacted by
OFFICE OF THE UNITED STATES remaining 2004 petitions. The TPSC has section 1101 of the National Defense
TRADE REPRESENTATIVE now determined that the issues raised in Authorization Act for Fiscal Year 2004
Andean Trade Preference Act (ATPA), the petition filed by LeTourneau of (Pub. L. 108–136). This notice provides
as Amended: Notice Regarding the Peru, Inc. with respect to Peru have authorization for an out-of-cycle payout
2004 and 2005 Annual Reviews been resolved. Therefore, that petition under CCAS prior to transition to NSPS
does not require further action, and the and addresses procedures for
AGENCY: Office of the United States TPSC is terminating its review. conversion of employees from this
Trade Representative. With respect to the remaining demonstration project to NSPS.
ACTION: Notice. petitions, the TPSC is modifying the DATES: This amendment is effective
schedule for this review, in accordance upon publication of this notice.
SUMMARY: The Office of the United with 15 CFR 2016.2(b). This review will FOR FURTHER INFORMATION CONTACT:
States Trade Representative (USTR) continue through December 31, 2006, DoD: Mary S. Thomas, Civilian
received petitions in September 2005 to which is the period that the ATPDEA is Acquisition Workforce Personnel
review certain practices in certain in effect. Following is the list of all Demonstration Project, 2001 North
beneficiary developing countries to petitions that remain under review: Beauregard Street, Suite 210,
determine whether such countries are in Peru: Engelhard; Alexandria, VA 22311, 703–681–3508.
compliance with the ATPA eligibility Peru: Princeton Dover; OPM: Michael Carmichael, U.S. Office
criteria. In a November 22, 2005 notice, Peru: Duke Energy; of Personnel Management, 1900 E Street
USTR published a list of responsive Ecuador: AFL–CIO; Human Rights NW., Room 7412, Washington, DC
petitions that were accepted for review. Watch; and US/LEAP; 20415, 202–606–1868.
In a February 27, 2006 notice, USTR Ecuador: Chevron Texaco. SUPPLEMENTARY INFORMATION:
specified the results of the preliminary
review of those petitions as well as the Carmen Suro-Bredie, 1. Background
status of the petitions filed in 2004 that Chairman, Trade Policy Staff Committee.
OPM approved and published the
have remained under review. This [FR Doc. E6–16421 Filed 10–3–06; 8:45 am]
project plan for the Civilian Acquisition
notice provides an update on the status BILLING CODE 3190–W6–P
Workforce Personnel Demonstration
of those reviews. Project in the Federal Register on
FOR FURTHER INFORMATION CONTACT: January 8, 1999 (Volume 64, Number 5,
Bennett M. Harman, Deputy Assistant OFFICE OF PERSONNEL Part VII). Since that time, three
U.S. Trade Representative for Latin MANAGEMENT amendments have been published. The
America, at (202) 395–9446. first amendment was published in the
Civilian Acquisition Workforce
SUPPLEMENTARY INFORMATION: The ATPA May 21, 2001, Federal Register, Volume
Personnel Demonstration Project;
(19 U.S.C. 3201 et seq.), as renewed and 66, Number 98, to (1) correct
Department of Defense
amended by the Andean Trade discrepancies in the list of occupational
Promotion and Drug Eradication Act of AGENCY: Office of Personnel series included in the project and (2)
2002 (ATPDEA) in the Trade Act of Management. authorize managers to offer a buy-in to
2002 (Public Law 107–210), provides ACTION: Notice of amendment to this Federal employees entering the project
trade benefits for eligible Andean demonstration to facilitate the transition after initial implementation. A second
countries. Pursuant to section 3103(d) of of Acquisition Demonstration Project amendment was published in the April
the ATPDEA, USTR promulgated employees to the National Security 24, 2002, Federal Register, Volume 67,
regulations (15 CFR part 2016) (68 FR Personnel System (NSPS) by authorizing Number 79, to (1) make employees in
43922) regarding the review of an out-of-cycle Contribution-based the top broadband level of their career
eligibility of countries for the benefits of Compensation and Appraisal System path eligible to receive a ‘‘very high’’
the ATPA, as amended. (CCAS) payout and amending overall contribution score and (2)
In a Federal Register notice dated conversion-out procedures. reduce the minimum rating period
August 18, 2005, USTR initiated the under CCAS to 90 consecutive calendar
2005 ATPA Annual Review and SUMMARY: The Department of Defense days. Finally, the third amendment was
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announced a deadline of September 19, (DoD or ‘‘the Department’’), with the published in the July 1, 2002, Federal
2005 for the filing of petitions (69 FR approval of the Office of Personnel Register, Volume 67, Number 126, to (1)
51138). Several of these petitions Management (OPM), received authority list all organizations that are eligible to
requested the review of certain practices to conduct a personnel demonstration participate in the project and (2) make
in certain beneficiary developing project within DoD’s civilian acquisition the resulting adjustments to the table

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Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Notices 58639

that describes the project’s workforce demonstration project plan only [64 FR 1484] Section V.C. [Added.] C.
demographics and union representation. contains conversion-out procedures for Conversion to the National Security
This demonstration project involves employees converting back to General Personnel System (NSPS). Prior to
hiring and appointment authorities; Schedule positions, this amendment transition of any demonstration project
broadbanding; simplified classification; will authorize conversion-out employees to NSPS, a CCAS closeout
a contribution-based compensation and procedures for employees transitioning appraisal must be accomplished and an
appraisal system; revised reduction-in- to NSPS. Pursuant to 5 CFR 470.315, an out-of-cycle payout may be made.
force procedures; academic degree and amendment is hereby made to the Funding levels for out-of-cycle payouts
certificate training; and sabbaticals. Federal Register, Civilian Acquisition may be reduced on a pro rata basis if the
Workforce Personnel Demonstration period between the previous CCAS
2. Overview payout and the out-of-cycle payout was
Project; Department of Defense; Notice,
This amendment provides the Friday, January 8, 1999, Volume 64, less than one year. Funding that
authority to individual DoD Number 5, Part VII. corresponds to the general pay increase
Components to conduct an out-of-cycle shall not form part of the pay pools for
CCAS payout prior to transition to B. Employee Notification and Collective any out-of-cycle payouts. Thereafter,
NSPS. Prior to transition of any Bargaining Requirements conversion of employees covered by this
demonstration project employees to The demonstration project program demonstration to NSPS shall be
NSPS, a CCAS closeout appraisal must office shall notify employees of this accomplished in accordance with NSPS
be accomplished and an out-of-cycle amendment by posting it on the implementing issuances published by
payout may be made. The required demonstration’s Web site (http:// the Department. The General Schedule
funding floors [not less than two percent conversion procedures regarding
of an activity’s total salary budget for acqdemo/ index.htm). Participating reduction-in-force service credit (i.e.,
Contribution Rating Increases (CRIs) and organizations must fulfill any collective Section V.B.4. of the existing
not less than one percent of an activity’s bargaining obligations to unions that demonstration project plan) shall not
total salary budget for Contribution represent employees covered by the apply to employees converted from the
Awards (CAs)] may be suspended for demonstration. demonstration to NSPS, because after
any out-of-cycle payout. This conversion to NSPS, the Department
amendment also provides authority to III. Personnel System Changes will determine retention standing solely
convert employees from this [64 FR 1452] Section III.D.1. on the basis of the NSPS final
demonstration project to NSPS in Contribution-Based Compensation and regulations at 5 CFR part 9901, subpart
accordance with DoD implementing Appraisal System. Insert the following F, and related implementing issuances.
issuances pursuant to 5 U.S.C. 9902. new paragraph after the 2nd paragraph: [FR Doc. E6–16261 Filed 10–3–06; 8:45 am]
Office of Personnel Management. ‘‘As described in detail below, the CCAS BILLING CODE 6325–43–P
Linda M. Springer,
uses performance factors to measure
contributions for appraisal purposes.
Any AcqDemo organization scheduled SECURITIES AND EXCHANGE
I. Executive Summary to transition to the National Security COMMISSION
The project was designed by a Process Personnel System (NSPS) may notify
affected employees that, as of a [SEC File No. 270–135]
Action Team (PAT) under the authority
of the Under Secretary of Defense for specified date, the performance
appraisal provisions of Section III.D. Proposed Collection; Comment
Acquisition and Technology, with the Request
participation of and review by DoD and shall cease to apply, and that
OPM. The purpose of the project is to appropriate performance management
standards may be substituted for CCAS Upon written request, copies available from:
enhance the quality, professionalism, Securities and Exchange Commission,
and management of the DoD acquisition performance factors until the Office of Filings and Information Services,
workforce through improvements in the organization is covered by NSPS.’’ Washington, DC 20549.
human resources management system. [64 FR 1477] Section III.D.4. Pay Extension: Rules 8b–1 to 8b–33; OMB
Pools. Amend the last sentence of the Control No. 3235–0176.
II. Introduction last paragraph to read, ‘‘The funds to be Notice is hereby given that, pursuant
This demonstration project provides included in the pay pool will be to the Paperwork Reduction Act of 1995
managers, at the lowest practical level, computed based on the salaries of the (44 U.S.C. 3501 et seq.), the Securities
the authority, control, and flexibility employees in the pay pool as of the last and Exchange Commission
they need to achieve quality acquisition calendar day of the CCAS appraisal (‘‘Commission’’) is soliciting comments
processes and quality products. This period.’’ on the collections of information
project not only provides a system that [64 FR 1478] Section III.D.5. Salary summarized below. The Commission
retains, recognizes, and rewards Adjustment Guidelines. Insert as last plans to submit these existing
employees for their contribution, but sentence in 4th paragraph (that begins collections of information to the Office
also supports their personal and ‘‘The contribution rating of Management and Budget (‘‘OMB’’) for
professional growth. increase* * *’’): In the event of an out- extension and approval.
of-cycle payout (see Section V.C.), this Rules 8b–1 to 8b–33 (17 CFR 270.8b–
A. Purpose funding floor may be suspended. 1 to 8b–33) under the Investment
The purpose of this amendment is to [64 FR 1478] Section III.D.5. Salary Company Act of 1940 (15 U.S.C. 80a–1
ensure that demonstration employees Adjustment Guidelines. Insert as last et seq.) (the ‘‘Act’’) are the procedural
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are not inadvertently penalized, but sentence in 5th paragraph (that begins rules an investment company must
receive their earned contribution-based ‘‘The contribution award fund* * *’’): follow when preparing and filing a
permanent pay increases and/or In the event of an out-of-cycle payout registration statement. These rules were
contribution awards, upon transition to (see Section V.C.), this funding floor adopted to standardize the mechanics of
NSPS. Additionally, since the current may be suspended. registration under the Act and to

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