Environmental Protection Research Fellowships and Special Research Consultants for Environmental Protection, 16699-16703 [06-3204]
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Federal Register / Vol. 71, No. 64 / Tuesday, April 4, 2006 / Rules and Regulations
(5) Ensure that the host family has a
good reputation and character by
securing two personal references for
each host family from the school or
community, attesting to the host
family’s good reputation and character;
(6) Ensure that the host family has
adequate financial resources to
undertake hosting obligations;
(7) Verify that each member of the
host family household eighteen years of
age and older has undergone a criminal
background check; and
(8) Maintain a record of all
documentation, including but not
limited to application forms,
background checks, evaluations, and
interviews, for all selected host families
for a period of three years.
(k) Host family orientation. In
addition to the orientation requirements
set forth in Sec. 62.10, sponsors must:
(1) Inform all host families of the
philosophy, rules, and regulations
governing the sponsor’s exchange visitor
program;
(2) Provide all selected host families
with a copy of Department of Statepromulgated Exchange Visitor Program
regulations; and
(3) Advise all selected host families of
strategies for cross-cultural interaction
and conduct workshops which will
familiarize the host family with cultural
differences and practices.
(l) Host family placement. (1)
Sponsors must secure, prior to the
student’s departure from his or her
home country, a permanent or arrival
host family placement for each
exchange student participant. Sponsors
may not:
(i) Facilitate the entry into the United
States for an exchange student for whom
a host family placement has not been
secured;
(ii) Place more than one exchange
student with a host family without the
express prior written consent of the
Department of State. Under no
circumstance may more than two
exchange students may be placed with
one host family.
(2) Sponsors must advise both the
exchange student and host family, in
writing, of the respective family
compositions and backgrounds of each,
whether the host family placement is a
permanent or temporary placement, and
facilitate and encourage the exchange of
correspondence between the two prior
to the student’s departure from the
home country.
(3) In the event of unforeseen
circumstances which necessitate a
change of host family placement, the
sponsor must document the reason(s)
necessitating such change and provide
the Department of State with an annual
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statistical summary reflecting the
number and reason(s) for such change in
host family placement in the program’s
annual report.
(m) Reporting requirements. Along
with the annual report required by
regulations set forth at § 62.15, sponsors
must file with the Department of State
the following information:
(1) Sponsors must immediately report
to the Department any incident or
allegation involving the actual or
alleged sexual exploitation or abuse of
an exchange student participant.
Sponsors must also report such
allegations as required by local or state
statute or regulation. Failure to report
such incidents to the Department and,
as required by state law or regulation, to
local law enforcement authorities shall
be grounds for the summary suspension
and termination of the sponsor’s
Exchange Visitor Program designation.
(2) A summation of all situations
which resulted in the placement of
exchange student participants with
more than one host family or school
placement; and
(3) Provide a report of all final
academic year and semester program
participant placements by August 31 for
the upcoming academic year or January
15 for the Spring semester and calendar
year. The report must provide at a
minimum, the exchange visitor
student’s full name, Form DS–2019
number (SEVIS ID #), host family
placement (current U.S. address), and
school (site of activity) address.
Dated: March 23, 2006.
Stanley S. Colvin,
Director, Bureau of Educational and Cultural
Affairs, Department of State.
[FR Doc. 06–3208 Filed 4–3–06; 8:45 am]
BILLING CODE 4710–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 18
[FRL–8053–3]
RIN 2030–AA91
Environmental Protection Research
Fellowships and Special Research
Consultants for Environmental
Protection
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: The EPA is taking direct final
action on the implementation of the
EPA’s statutory authority in Title II of
the Interior, Environment, and Related
Agencies Appropriations Act of 2006
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16699
(Pub. L. 109–54) that will allow the EPA
to establish fellowships in
environmental protection research,
appoint fellows to conduct this
research, and appoint special research
consultants to advise on environmental
protection research. Under an
administrative provision of Public Law
109–54, the Administrator may, after
consultation with the Office of
Personnel Management, make up to five
(5) appointments in any fiscal year from
2006 to 2011 for the Office of Research
and Development. Appointees under
this authority shall be employees of the
EPA and will engage in activities related
to scientific and engineering research
that support EPA’s mission to protect
the environment and human health.
DATES: This rule is effective on June 5,
2006 without further notice, unless the
EPA receives adverse comment by May
4, 2006. If we receive such comment, we
will publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OARM–2006–0249, by one of the
following methods:
• Federal Docket Management System
(FDMS): https://www.regulations.gov.
Follow the on-line instructions for
submitting comments.
• Mail: John O’Brien, Office of
Human Resources/Office of
Administration and Resources
Management, Mail Code: 3631M, United
States Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; e-mail address:
obrien.johnt@epa.gov.
• Hand Delivery: Office of
Environmental Information Docket,
Environmental Protection Agency, EPA
West Building, Room B102, 1301
Constitution Ave., NW., Washington,
DC 20460. Such deliveries are only
accepted during the Docket’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OARM–2006–
0249. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through Federal
Docket Management System (FDMS) or
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e-mail. FDMS is an ‘‘anonymous access’’
system. This means that the EPA will
not know your identity or contact
information unless you provide it in the
body of your comment. If you send an
e-mail comment directly to the EPA
without going through FDMS, your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. The EPA recommends that you
include your name and other contact
information in the body of your
electronic comment with any disk or
CD–ROM you submit. If the EPA cannot
read your comment due to technical
difficulties and cannot contact you for
clarification, the EPA may not be able to
consider your comment. Electronic files
should avoid the use of special
characters, any form of encryption, and
be free of any defects or viruses.
Docket: All documents in the docket
are listed in FDMS at https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in FDMS or in hard copy
at the Office of Environmental
Information Docket, EPA/DC, EPA West,
Room B102, 1301 Constitution Ave.,
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Office of Environmental
Information Docket is (202) 566–1752.
The EPA
is publishing this rule without prior
proposal because we view this as a noncontroversial amendment and anticipate
no adverse comment. We anticipate no
adverse comment because this rule
implements statutory authority for
activities that affect management and
personnel functions of the EPA with
little or no impact on the entities that
are normally regulated by the Agency or
on the public in general. However, in
the ‘‘Proposed Rules’’ section of today’s
Federal Register publication, we are
publishing a separate document that
will serve as the proposal to implement
the EPA’s statutory authority (in Title II
of the Interior, Environment, and
Related Agencies Appropriations Act of
2006 (Pub. L. 109–54) that together with
42 U.S.C. 209 will allow the EPA to
establish fellowships in environmental
protection research, appoint fellows to
conduct this research, and appoint
special research consultants to advise
on environmental protection research) if
adverse comments are filed. This rule
will be effective on June 5, 2006 without
further notice unless we receive adverse
comment by May 4, 2006. If the EPA
receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. We will
address all public comments in a
subsequent final rule based on the
proposed rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
The EPA now has authority under 42
U.S.C. 209 to (1) Establish fellowships
in environmental protection research
and appoint fellows to conduct this
research and (2) appoint environmental
protection special consultants to advise
on environmental protection research.
This authority is not subject to the
federal civil service laws for employees
FOR FURTHER INFORMATION CONTACT: For
further information, please contact John specified in 5 U.S.C. The EPA acquired
this appointment authority in an
O’Brien at (202) 564–7876, Office of
administrative provision in Title II of
Human Resources/Office of
the Interior, Environment and Related
Administration and Resources
Agencies Appropriations Act. This
Management, Mail Code 3631M, Room
provision authorizes the Administrator,
1136 EPA-East, United States
Environmental Protection Agency, 1200 after consultation with the Office of
Personnel Management, to make up to
Pennsylvania Ave., NW., Washington,
five (5) appointments in any fiscal year
DC 20460; e-mail address:
from 2006 to 2011 for the Office of
obrien.johnt@epa.gov. You may also
Research and Development under the
contact William Ocampo at (202) 564–
authority provided in 42 U.S.C. 209.
0987 or Robert Stevens at (202) 564–
The EPA has not previously used the 42
5703, Office of Research and
Development, Mail Code 8102R, United U.S.C. 209 appointment authority, and
hereby proposes to establish such rules
States Environmental Protection
as are necessary to implement the
Agency, 1200 Pennsylvania Ave., NW.,
authority. Appointees under this
Washington, DC 20460; e-mail
addresses: ocampo.william@epa.gov and authority will engage in activities
related to scientific and engineering
stevens.robert@epa.gov.
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SUPPLEMENTARY INFORMATION:
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research that support the EPA’s mission
to protect the environment and human
health and will be employees of the
EPA.
Statutory and Executive Order Reviews
Executive Order 12866, Regulatory
Planning and Review: Under Executive
Order 12866, (58 FR 51,735 (October 4,
1993)) the Agency must determine
whether the regulatory action is
‘‘significant,’’ and therefore, subject to
OMB review and the requirements of
the Executive Order. The Order defines
‘‘significant regulatory action’’ as one
that is likely to result in a rule that may:
have an annual effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities;
create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or raise novel legal or
policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order. It has been determined that this
rule is not a ‘‘significant regulatory
action’’ under the terms of Executive
Order 12866, and is therefore, not
subject to OMB review because the
authority for establishing fellowships
and appointing fellows and special
consultants does not meet any of the
criteria.
Paperwork Reduction Act: This action
does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. The action will
authorize the Agency to recruit
candidates for position vacancies and to
require that candidates submit
information relating to their
qualifications for the vacancy. The
information collected for such
recruitment activities will follow the
same guidelines as are currently
followed by the Agency. Burden means
the total time, effort, or financial
resources expended by persons to
generate, maintain, retain, disclose, or
provide information to or for a Federal
agency. This includes the time needed
to review instructions; develop, acquire,
install, and utilize technology and
systems for the purposes of collecting,
validating, and verifying information,
processing and maintaining
information, and disclosing and
providing information; adjust the
existing ways to comply with any
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previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information. An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number. The OMB control numbers for
the EPA’s regulations are listed in 40
CFR part 9 and 48 CFR chapter 15.
Regulatory Flexibility Act: Today’s
final rule is not subject to the Regulatory
Flexibility Act (RFA), as amended by
the Small Business Regulatory
Enforcement Fairness Act of 1996
(SBRERA), 5 U.S.C. 601 et seq. The RFA
generally requires an agency to prepare
a regulatory flexibility analysis for any
rule that will have a significant
economic impact on a substantial
number of small entities. The RFA
applies only to rules subject to noticeand-comment rulemaking requirements
under the Administrative Procedure Act
(APA) or any other statute. This rule is
not subject to notice and comment
requirements under the APA or any
other statute because the rule pertains to
agency management or personnel whom
the APA expressly exempts from notice
and comment rule making requirements
(5 U.S.C. 553(a)(2)).
Unfunded Mandates Reform Act: Title
II of the Unfunded Mandates Reform
Act of 1995 (UMRA), (Pub. L. 104–4),
establishes requirements for Federal
agencies to assess the effects of their
regulatory actions on State, local, and
tribal governments and the private
sector. Under section 202 of the UMRA,
the EPA generally must prepare a
written statement, including a costbenefit analysis, for proposed and final
rules with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires the EPA
to identify and consider a reasonable
number of regulatory alternatives and to
adopt the least costly, most costeffective or least burdensome alternative
that achieves the objectives of the rule.
The provisions of section 205 do not
apply when they are inconsistent with
applicable law. Moreover, section 205
allows EPA to adopt an alternative other
than the least costly, most cost-effective,
or least burdensome alternative if the
Administrator publishes an explanation
on why that alternative was not adopted
with the final rule. Before the EPA
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establishes any regulatory requirements
that may significantly or uniquely affect
small governments, including tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of the EPA regulatory
proposals with significant Federal
intergovernmental mandates, and for
informing, educating, and advising
small governments on compliance with
the regulatory requirements. Today’s
rule contains no Federal mandates
(under the regulatory provisions of Title
II of the UMRA) for State, local, or tribal
governments or the private sector. The
rule imposes no enforceable duty on any
State, local, or tribal governments or the
private sector; thus, today’s rule is not
subject to the requirements of sections
202 and 205 of the UMRA.
Executive Order 13132—Federalism:
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires the EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’ This
final rule does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. Thus, Executive
Order 13132 does not apply to this rule.
Executive Order 13175—Consultation
and Coordination with Indian Tribal
Governments: Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This final rule does not
have tribal implications, as specified in
Executive Order 13175. This final rule
pertains to the management and
personnel functions of the EPA. Thus,
Executive Order 13175 does not apply
to this rule.
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Executive Order 13045—Protection of
Children from Environmental Health
Risks and Safety Risks: (62 FR 19885,
April 23, 1997) applies to any rule that
(1) Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
the EPA has reason to believe may have
a disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency.
This direct final rule is not subject to
the Executive Order because it is not
economically significant as defined in
Executive Order 12866, and because the
Agency does not have reason to believe
the environmental health or safety risks
addressed by this action present a
disproportionate risk to children.
Executive Order 13211—Actions that
Significantly Affect Energy Supply,
Distribution and Use: This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR (May 22,
2001)) because it is not a significant
regulatory action under Executive Order
12866.
National Technology Transfer and
Advancement Act: Section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (‘‘NTTAA’’),
Public Law No. 104–113, 12(d) (15
U.S.C. 272 note) directs the EPA to use
voluntary consensus standards in its
regulatory activities unless to do so
would be inconsistent with applicable
law or otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
the EPA to provide Congress, through
OMB, explanations when EPA decides
not to use available and applicable
voluntary consensus standards. This
action does not involve technical
standards. Therefore, the EPA is not
considering the use of any voluntary
consensus standards.
Congressional Review Act: The
Congressional Review Act, 5 U.S.C. 801
et seq., as added to by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
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Congress and to the Comptroller General
of the United States. Section 804
exempts from section 801 the following
types of rules of particular applicability:
rules relating to agency management or
personnel; and rules of agency
organization, procedure, or practice that
do not substantially affect the rights or
obligations of non-agency parties (5
U.S.C. 804(3). The EPA is not required
to submit a rule report regarding today’s
action under section 801 because this is
a rule relating to agency personnel.
List of Subjects in 40 CFR Part 18
Environmental protection,
Administrative practice and procedure,
Special employment actions.
Dated: March 27, 2006.
Stephen L. Johnson,
Administrator.
For the reasons set out in the
preamble, 40 CFR chapter I is amended
by adding part 18 as follows:
I
PART 18—ENVIRONMENTAL
PROTECTION RESEARCH
FELLOWSHIPS AND SPECIAL
RESEARCH CONSULTANTS FOR
ENVIRONMENTAL PROTECTION
Definitions.
Applicability.
Purpose of Environmental Protection
Research Fellowships.
18.4 Establishment of Environmental
Protection Research Fellowships.
18.5 Qualifications of Environmental
Protection Research Fellows.
18.6 Method of Application.
18.7 Selection and Appointment of
Environmental Protection Research
Fellows.
18.8 Stipends, Allowances, and Benefits.
18.9 Duration of Environmental Protection
Research Fellowships.
18.10 Appointment of Special Research
Consultants for Environmental
Protection.
18.11 Standards of Conduct and Financial
Disclosure.
Authority: 42 U.S.C. 209; Pub. L. 109–54,
119 Stat. 531.
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Definitions.
As used in this part, continental
United States does not include Hawaii
or Alaska. The Administrator means the
Administrator of the EPA and any other
officer or employee of the Agency to
whom the authority involved may be
delegated. An Environmental Protection
Research Fellowship is one which
requires the performance of services,
either full or part time, for the EPA. A
Special Research Consultant for
Environmental Protection is a special
consultant appointed to assist and
advise in the operations of the research
activities of the EPA.
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Applicability.
The regulations in this part apply to
the establishment of Environmental
Protection Research Fellowships, the
designation of persons to receive such
fellowships, the appointment of
Environmental Protection Research
fellows, and the appointment of Special
Research Consultants for environmental
protection in the EPA. The EPA’s
statutory authority for these actions is
established in Title II of the Interior,
Environmental and Related Agencies
Appropriations Act of 2006 (Pub. L.
109–54). Under an administrative
provision of Public Law 109–54 the
Administrator may, after consultation
with the Office of Personnel
Management, make up to five (5)
appointments in any fiscal year from
2006 to 2011 for the Office of Research
and Development under the authority
provided in 42 U.S.C. 209. Appointees
under this statutory authority shall be
employees of the EPA.
§ 18.3 Purpose of Environmental
Protection Research Fellowships.
Sec.
18.1
18.2
18.3
§ 18.1
§ 18.2
Environmental Protection Research
Fellowships in the Agency are for the
purpose of encouraging and promoting
research, studies, and investigations
related to the protection of human
health and the environment. Such
fellowships may be provided to secure
the services of talented scientists and
engineers for a period of limited
duration for research that furthers the
EPA’s mission where the nature of the
work or the character of the individual’s
services render customary employing
methods impracticable or less effective.
§ 18.4 Establishment of Environmental
Protection Research Fellowships.
All Environmental Protection
Research fellowships shall be
established by the Administrator or
designee. In establishing an
Environmental Protection Research
fellowship, or a series of Environmental
Protection Research fellowships, the
Administrator shall prescribe in writing
the conditions (in addition to those
provided in the regulations in this part)
under which Environmental Protection
Research fellows will be appointed and
will hold their fellowships.
§ 18.5 Qualifications for Environmental
Protection Research Fellowships.
Scholastic and other qualifications
shall be prescribed by the Administrator
or designee for each Environmental
Protection Research fellowship, or series
of Environmental Protection Research
fellowships. Each individual appointed
to an Environmental Protection
Research fellowship shall: have
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presented satisfactory evidence of
general suitability, including
professional and personal fitness;
possess any other qualifications as
reasonably may be prescribed; and meet
all requirements and standards for
documentation and disclosure of
conflicts of interest and ethical
professional conduct.
§ 18.6
Method of Application.
Application for an Environmental
Protection Research fellowship shall be
made in accordance with procedures
established by the Administrator or
designee.
§ 18.7 Selection and appointment of
Environmental Protection Research
Fellows.
The Administrator or designee shall
do the following: prescribe a suitable
professional and personal fitness review
and an examination of the applicant’s
qualifications; designate in writing
persons to receive Environmental
Protection Research fellowships; and
establish procedures for the
appointment of Environmental
Protection Research fellows.
§ 18.8
Stipends, Allowances, and Benefits.
(a) Stipends. Each Environmental
Protection Research fellow shall be
entitled to such stipend as is authorized
by the Administrator or designee.
(b) Travel and transportation
allowances. Under conditions
prescribed by the Administrator or
designee, an individual appointed as an
Environmental Protection Research
fellow may be authorized travel and
transportation or relocation allowances
for his or her immediate family under
subchapter I of chapter 57 of title 5
U.S.C. 5701, in conjunction with travel
authorized by the Administrator or
designee. Included under this part is
travel from place of residence, within or
outside the continental United States, to
first duty station; for any change of duty
station ordered by the Administrator or
designee during the term of the
fellowship; and from last duty station to
the place of residence which the
individual left to accept the fellowship,
or to some other place at no greater cost
to the Government. An Environmental
Protection Research fellow shall be
entitled to travel allowances or
transportation and per diem while
traveling on official business away from
his or her permanent duty station
during the term of the fellowship.
Except as otherwise provided herein, an
Environmental Protection Research
fellow shall be entitled to travel and
transportation allowances authorized in
this part at the same rates as may be
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authorized by law and regulations for
other civilian employees of the EPA. If
an Environmental Protection Research
fellow dies during the term of a
fellowship, and the place of residence
that was left by the fellow to accept the
fellowship was outside the continental
United States, the payment of expenses
of preparing the remains for burial and
transporting them to the place of
residence for interment may be
authorized. In the case of deceased
fellows whose place of residence was
within the continental United States,
payment of the expenses of preparing
the remains and transporting them to
the place of residence for interment may
be authorized as provided for other
civilian employees of the Agency.
(c) Benefits. In addition to other
benefits provided herein, Environmental
Protection Research fellows shall be
entitled to benefits as provided by law
or regulation for other civilian
employees of the Agency.
(d) Training. Environmental
Protection Research fellows are eligible
for training at Government expense on
the same basis as other Agency
employees.
§ 18.9 Duration of Environmental
Protection Research Fellowships.
Initial appointments to Environmental
Protection Research fellowships may be
made for varying periods not in excess
of 5 years. Such an appointment may be
extended for varying periods not in
excess of 5 years for each period in
accordance with procedures and
requirements established by the
Administrator or designee.
rwilkins on PROD1PC63 with RULES
§ 18.10 Appointment of Special Research
Consultants for Environmental Protection.
(a) Purpose. When the EPA requires
the services of consultants with
expertise in environmental sciences or
engineering who cannot be obtained
when needed through regular civil
service appointment or under the
compensation provisions of the
Classification Act of 1949, Special
Research Consultants may be appointed
to assist and advise in the operations of
the EPA, subject to the provisions of the
following paragraphs and in accordance
with such instructions as may be issued
from time to time by the Administrator
or designee.
(b) Appointments. Appointments,
pursuant to the provisions of this
section, may be made by those officials
in the EPA to whom authority has been
delegated by the Administrator or
designee.
(c) Compensation. The per diem or
other rates of compensation shall be
fixed by the appointing officer in
VerDate Aug<31>2005
17:57 Apr 03, 2006
Jkt 208001
accordance with criteria established by
the Administrator or designee.
16703
ENVIRONMENTAL PROTECTION
AGENCY
(7408M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 554–1404; e-mail address:
TSCA-Hotline@epa.gov.
For technical information contact:
Rebecca Woods or Sara McGurk,
National Program Chemicals Division
(7404T), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 566–1277 or (202) 566–
0480; e-mail address:
woods.rebecca@epa.gov or
mcgurk.sara@epa.gov.
SUPPLEMENTARY INFORMATION:
40 CFR Part 761
I. General Information
[EPA–HQ–OPPT–2004–0123; FRL–7687–9]
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you own or acquire real
property that has been contaminated
with PCBs. The requirements for
cleanup and disposal of PCB
remediation waste are codified at 40
CFR 761.50(b)(3) and 761.61 and are
applicable to the cleanup of wastes
resulting from the disposal (e.g., spills,
leaks, or any uncontrolled discharge) of
liquids containing PCBs. Since the PCB
regulations promulgated under section
6(e) of TSCA are not delegable, these
Federal requirements serve as the
baseline for the management of PCB
wastes. Potentially affected entities may
include, but are not limited to:
• Oil and Gas Extraction (NAICS code
21111), e.g., Former and existing
facilities with surfaces contaminated by
PCBs.
• Electric Power Generation,
Transmission and Distribution (NAICS
code 2211), e.g., Former and existing
facilities with surfaces contaminated by
PCBs.
• Construction (NAICS code 23), e.g.,
Former and existing facilities with
surfaces contaminated by PCBs.
• Food Manufacturing (NAICS code
311), e.g., Former and existing facilities
with surfaces contaminated by PCBs.
• Paper Manufacturing (NAICS code
322), e.g., Former and existing facilities
with surfaces contaminated by PCBs.
• Petroleum and Coal Products
Manufacturing (NAICS code 324), e.g.,
Former and existing facilities with
surfaces contaminated by PCBs.
• Primary Metal Manufacturing
(NAICS code 331), e.g., Former and
existing facilities with surfaces
contaminated by PCBs.
• Rail Transportation (NAICS code
48211), e.g.,Former and existing
facilities with surfaces contaminated by
PCBs.
§ 18.11 Standards of Conduct and
Financial Disclosure.
All individuals appointed to an
Environmental Protection Research
Fellowship or as a Special Research
Consultant shall be subject to the same
current standards and disclosure
regulations and requirements as Title 5
appointees.
[FR Doc. 06–3204 Filed 4–3–06; 8:45 am]
BILLING CODE 6560–50–P
Polychlorinated Biphenyl (PCB) Site
Revitalization Guidance Under the
Toxic Substances Control Act (TSCA);
Notice of Availability
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
AGENCY:
SUMMARY: The Agency is making
available a guide for complying with the
Toxic Substances Control Act (TSCA)
regulations for the cleanup and disposal
of polychlorinated biphenyl (PCB)
contamination. In August 2003, EPA
determined that the distribution in
commerce of real property contaminated
with PCBs is not a prohibited
distribution in commerce of PCBs. As a
result, the transfer in ownership of
contaminated real property may serve to
expedite cleanup efforts of
contaminated properties and result in
increased opportunities for economic
redevelopment of land that otherwise
would remain barren and unsightly. The
guidance document, ‘‘Polychlorinated
Biphenyl (PCB) Site Revitalization
Guidance Under the Toxic Substances
Control Act (TSCA),’’ will assist
individuals in navigating the TSCA PCB
regulations in 40 CFR part 761 for
relevant PCB cleanup and disposal
requirements. It should be useful to
individuals who are planning or are
engaged in PCB remediation activities
(e.g., the redevelopment of sites with
PCB contamination), as well as State
environmental officials who are
implementing State response programs,
in complying with the PCB waste
management requirements promulgated
under section 6(e) of TSCA.
FOR FURTHER INFORMATION CONTACT: For
general information contact: Colby
Lintner, Regulatory Coordinator,
Environmental Assistance Division
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
E:\FR\FM\04APR1.SGM
04APR1
]]>Agencies
[Federal Register Volume 71, Number 64 (Tuesday, April 4, 2006)]
[Rules and Regulations]
[Pages 16699-16703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3204]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 18
[FRL-8053-3]
RIN 2030-AA91
Environmental Protection Research Fellowships and Special
Research Consultants for Environmental Protection
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is taking direct final action on the implementation of
the EPA's statutory authority in Title II of the Interior, Environment,
and Related Agencies Appropriations Act of 2006 (Pub. L. 109-54) that
will allow the EPA to establish fellowships in environmental protection
research, appoint fellows to conduct this research, and appoint special
research consultants to advise on environmental protection research.
Under an administrative provision of Public Law 109-54, the
Administrator may, after consultation with the Office of Personnel
Management, make up to five (5) appointments in any fiscal year from
2006 to 2011 for the Office of Research and Development. Appointees
under this authority shall be employees of the EPA and will engage in
activities related to scientific and engineering research that support
EPA's mission to protect the environment and human health.
DATES: This rule is effective on June 5, 2006 without further notice,
unless the EPA receives adverse comment by May 4, 2006. If we receive
such comment, we will publish a timely withdrawal in the Federal
Register informing the public that this rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2006-0249, by one of the following methods:
Federal Docket Management System (FDMS): https://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: John O'Brien, Office of Human Resources/Office of
Administration and Resources Management, Mail Code: 3631M, United
States Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; e-mail address: obrien.johnt@epa.gov.
Hand Delivery: Office of Environmental Information Docket,
Environmental Protection Agency, EPA West Building, Room B102, 1301
Constitution Ave., NW., Washington, DC 20460. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OARM-
2006-0249. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through Federal
Docket Management System (FDMS) or
[[Page 16700]]
e-mail. FDMS is an ``anonymous access'' system. This means that the EPA
will not know your identity or contact information unless you provide
it in the body of your comment. If you send an e-mail comment directly
to the EPA without going through FDMS, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. The EPA
recommends that you include your name and other contact information in
the body of your electronic comment with any disk or CD-ROM you submit.
If the EPA cannot read your comment due to technical difficulties and
cannot contact you for clarification, the EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
Docket: All documents in the docket are listed in FDMS at https://
www.regulations.gov. Although listed in the index, some information is
not publicly available, i.e., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in FDMS or in hard copy at the Office
of Environmental Information Docket, EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Office of Environmental
Information Docket is (202) 566-1752.
FOR FURTHER INFORMATION CONTACT: For further information, please
contact John O'Brien at (202) 564-7876, Office of Human Resources/
Office of Administration and Resources Management, Mail Code 3631M,
Room 1136 EPA-East, United States Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; e-mail address:
obrien.johnt@epa.gov. You may also contact William Ocampo at (202) 564-
0987 or Robert Stevens at (202) 564-5703, Office of Research and
Development, Mail Code 8102R, United States Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; e-mail
addresses: ocampo.william@epa.gov and stevens.robert@epa.gov.
SUPPLEMENTARY INFORMATION: The EPA is publishing this rule without
prior proposal because we view this as a non-controversial amendment
and anticipate no adverse comment. We anticipate no adverse comment
because this rule implements statutory authority for activities that
affect management and personnel functions of the EPA with little or no
impact on the entities that are normally regulated by the Agency or on
the public in general. However, in the ``Proposed Rules'' section of
today's Federal Register publication, we are publishing a separate
document that will serve as the proposal to implement the EPA's
statutory authority (in Title II of the Interior, Environment, and
Related Agencies Appropriations Act of 2006 (Pub. L. 109-54) that
together with 42 U.S.C. 209 will allow the EPA to establish fellowships
in environmental protection research, appoint fellows to conduct this
research, and appoint special research consultants to advise on
environmental protection research) if adverse comments are filed. This
rule will be effective on June 5, 2006 without further notice unless we
receive adverse comment by May 4, 2006. If the EPA receives adverse
comment, we will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. We will
address all public comments in a subsequent final rule based on the
proposed rule. We will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
The EPA now has authority under 42 U.S.C. 209 to (1) Establish
fellowships in environmental protection research and appoint fellows to
conduct this research and (2) appoint environmental protection special
consultants to advise on environmental protection research. This
authority is not subject to the federal civil service laws for
employees specified in 5 U.S.C. The EPA acquired this appointment
authority in an administrative provision in Title II of the Interior,
Environment and Related Agencies Appropriations Act. This provision
authorizes the Administrator, after consultation with the Office of
Personnel Management, to make up to five (5) appointments in any fiscal
year from 2006 to 2011 for the Office of Research and Development under
the authority provided in 42 U.S.C. 209. The EPA has not previously
used the 42 U.S.C. 209 appointment authority, and hereby proposes to
establish such rules as are necessary to implement the authority.
Appointees under this authority will engage in activities related to
scientific and engineering research that support the EPA's mission to
protect the environment and human health and will be employees of the
EPA.
Statutory and Executive Order Reviews
Executive Order 12866, Regulatory Planning and Review: Under
Executive Order 12866, (58 FR 51,735 (October 4, 1993)) the Agency must
determine whether the regulatory action is ``significant,'' and
therefore, subject to OMB review and the requirements of the Executive
Order. The Order defines ``significant regulatory action'' as one that
is likely to result in a rule that may: have an annual effect on the
economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or State, local, or tribal
governments or communities; create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency; materially
alter the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or raise
novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order. It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866, and is
therefore, not subject to OMB review because the authority for
establishing fellowships and appointing fellows and special consultants
does not meet any of the criteria.
Paperwork Reduction Act: This action does not impose an information
collection burden under the provisions of the Paperwork Reduction Act,
44 U.S.C. 3501 et seq. The action will authorize the Agency to recruit
candidates for position vacancies and to require that candidates submit
information relating to their qualifications for the vacancy. The
information collected for such recruitment activities will follow the
same guidelines as are currently followed by the Agency. Burden means
the total time, effort, or financial resources expended by persons to
generate, maintain, retain, disclose, or provide information to or for
a Federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any
[[Page 16701]]
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
The OMB control numbers for the EPA's regulations are listed in 40 CFR
part 9 and 48 CFR chapter 15.
Regulatory Flexibility Act: Today's final rule is not subject to
the Regulatory Flexibility Act (RFA), as amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBRERA), 5 U.S.C. 601 et
seq. The RFA generally requires an agency to prepare a regulatory
flexibility analysis for any rule that will have a significant economic
impact on a substantial number of small entities. The RFA applies only
to rules subject to notice-and-comment rulemaking requirements under
the Administrative Procedure Act (APA) or any other statute. This rule
is not subject to notice and comment requirements under the APA or any
other statute because the rule pertains to agency management or
personnel whom the APA expressly exempts from notice and comment rule
making requirements (5 U.S.C. 553(a)(2)).
Unfunded Mandates Reform Act: Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), (Pub. L. 104-4), establishes requirements
for Federal agencies to assess the effects of their regulatory actions
on State, local, and tribal governments and the private sector. Under
section 202 of the UMRA, the EPA generally must prepare a written
statement, including a cost-benefit analysis, for proposed and final
rules with ``Federal mandates'' that may result in expenditures to
State, local, and tribal governments in the aggregate, or to the
private sector, of $100 million or more in any one year. Before
promulgating an EPA rule for which a written statement is needed,
section 205 of the UMRA generally requires the EPA to identify and
consider a reasonable number of regulatory alternatives and to adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes an explanation on why that alternative was not
adopted with the final rule. Before the EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of the EPA regulatory proposals with
significant Federal intergovernmental mandates, and for informing,
educating, and advising small governments on compliance with the
regulatory requirements. Today's rule contains no Federal mandates
(under the regulatory provisions of Title II of the UMRA) for State,
local, or tribal governments or the private sector. The rule imposes no
enforceable duty on any State, local, or tribal governments or the
private sector; thus, today's rule is not subject to the requirements
of sections 202 and 205 of the UMRA.
Executive Order 13132--Federalism: Executive Order 13132, entitled
``Federalism'' (64 FR 43255, August 10, 1999), requires the EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule does not have federalism implications. It
will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. Thus, Executive
Order 13132 does not apply to this rule.
Executive Order 13175--Consultation and Coordination with Indian
Tribal Governments: Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000), requires EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' This final rule
does not have tribal implications, as specified in Executive Order
13175. This final rule pertains to the management and personnel
functions of the EPA. Thus, Executive Order 13175 does not apply to
this rule.
Executive Order 13045--Protection of Children from Environmental
Health Risks and Safety Risks: (62 FR 19885, April 23, 1997) applies to
any rule that (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that the EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This direct final rule is not subject to the Executive Order
because it is not economically significant as defined in Executive
Order 12866, and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.
Executive Order 13211--Actions that Significantly Affect Energy
Supply, Distribution and Use: This rule is not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR (May 22, 2001)) because it
is not a significant regulatory action under Executive Order 12866.
National Technology Transfer and Advancement Act: Section 12(d) of
the National Technology Transfer and Advancement Act of 1995
(``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note) directs
the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs the EPA to
provide Congress, through OMB, explanations when EPA decides not to use
available and applicable voluntary consensus standards. This action
does not involve technical standards. Therefore, the EPA is not
considering the use of any voluntary consensus standards.
Congressional Review Act: The Congressional Review Act, 5 U.S.C.
801 et seq., as added to by the Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the
[[Page 16702]]
Congress and to the Comptroller General of the United States. Section
804 exempts from section 801 the following types of rules of particular
applicability: rules relating to agency management or personnel; and
rules of agency organization, procedure, or practice that do not
substantially affect the rights or obligations of non-agency parties (5
U.S.C. 804(3). The EPA is not required to submit a rule report
regarding today's action under section 801 because this is a rule
relating to agency personnel.
List of Subjects in 40 CFR Part 18
Environmental protection, Administrative practice and procedure,
Special employment actions.
Dated: March 27, 2006.
Stephen L. Johnson,
Administrator.
0
For the reasons set out in the preamble, 40 CFR chapter I is amended by
adding part 18 as follows:
PART 18--ENVIRONMENTAL PROTECTION RESEARCH FELLOWSHIPS AND SPECIAL
RESEARCH CONSULTANTS FOR ENVIRONMENTAL PROTECTION
Sec.
18.1 Definitions.
18.2 Applicability.
18.3 Purpose of Environmental Protection Research Fellowships.
18.4 Establishment of Environmental Protection Research Fellowships.
18.5 Qualifications of Environmental Protection Research Fellows.
18.6 Method of Application.
18.7 Selection and Appointment of Environmental Protection Research
Fellows.
18.8 Stipends, Allowances, and Benefits.
18.9 Duration of Environmental Protection Research Fellowships.
18.10 Appointment of Special Research Consultants for Environmental
Protection.
18.11 Standards of Conduct and Financial Disclosure.
Authority: 42 U.S.C. 209; Pub. L. 109-54, 119 Stat. 531.
Sec. 18.1 Definitions.
As used in this part, continental United States does not include
Hawaii or Alaska. The Administrator means the Administrator of the EPA
and any other officer or employee of the Agency to whom the authority
involved may be delegated. An Environmental Protection Research
Fellowship is one which requires the performance of services, either
full or part time, for the EPA. A Special Research Consultant for
Environmental Protection is a special consultant appointed to assist
and advise in the operations of the research activities of the EPA.
Sec. 18.2 Applicability.
The regulations in this part apply to the establishment of
Environmental Protection Research Fellowships, the designation of
persons to receive such fellowships, the appointment of Environmental
Protection Research fellows, and the appointment of Special Research
Consultants for environmental protection in the EPA. The EPA's
statutory authority for these actions is established in Title II of the
Interior, Environmental and Related Agencies Appropriations Act of 2006
(Pub. L. 109-54). Under an administrative provision of Public Law 109-
54 the Administrator may, after consultation with the Office of
Personnel Management, make up to five (5) appointments in any fiscal
year from 2006 to 2011 for the Office of Research and Development under
the authority provided in 42 U.S.C. 209. Appointees under this
statutory authority shall be employees of the EPA.
Sec. 18.3 Purpose of Environmental Protection Research Fellowships.
Environmental Protection Research Fellowships in the Agency are for
the purpose of encouraging and promoting research, studies, and
investigations related to the protection of human health and the
environment. Such fellowships may be provided to secure the services of
talented scientists and engineers for a period of limited duration for
research that furthers the EPA's mission where the nature of the work
or the character of the individual's services render customary
employing methods impracticable or less effective.
Sec. 18.4 Establishment of Environmental Protection Research
Fellowships.
All Environmental Protection Research fellowships shall be
established by the Administrator or designee. In establishing an
Environmental Protection Research fellowship, or a series of
Environmental Protection Research fellowships, the Administrator shall
prescribe in writing the conditions (in addition to those provided in
the regulations in this part) under which Environmental Protection
Research fellows will be appointed and will hold their fellowships.
Sec. 18.5 Qualifications for Environmental Protection Research
Fellowships.
Scholastic and other qualifications shall be prescribed by the
Administrator or designee for each Environmental Protection Research
fellowship, or series of Environmental Protection Research fellowships.
Each individual appointed to an Environmental Protection Research
fellowship shall: have presented satisfactory evidence of general
suitability, including professional and personal fitness; possess any
other qualifications as reasonably may be prescribed; and meet all
requirements and standards for documentation and disclosure of
conflicts of interest and ethical professional conduct.
Sec. 18.6 Method of Application.
Application for an Environmental Protection Research fellowship
shall be made in accordance with procedures established by the
Administrator or designee.
Sec. 18.7 Selection and appointment of Environmental Protection
Research Fellows.
The Administrator or designee shall do the following: prescribe a
suitable professional and personal fitness review and an examination of
the applicant's qualifications; designate in writing persons to receive
Environmental Protection Research fellowships; and establish procedures
for the appointment of Environmental Protection Research fellows.
Sec. 18.8 Stipends, Allowances, and Benefits.
(a) Stipends. Each Environmental Protection Research fellow shall
be entitled to such stipend as is authorized by the Administrator or
designee.
(b) Travel and transportation allowances. Under conditions
prescribed by the Administrator or designee, an individual appointed as
an Environmental Protection Research fellow may be authorized travel
and transportation or relocation allowances for his or her immediate
family under subchapter I of chapter 57 of title 5 U.S.C. 5701, in
conjunction with travel authorized by the Administrator or designee.
Included under this part is travel from place of residence, within or
outside the continental United States, to first duty station; for any
change of duty station ordered by the Administrator or designee during
the term of the fellowship; and from last duty station to the place of
residence which the individual left to accept the fellowship, or to
some other place at no greater cost to the Government. An Environmental
Protection Research fellow shall be entitled to travel allowances or
transportation and per diem while traveling on official business away
from his or her permanent duty station during the term of the
fellowship. Except as otherwise provided herein, an Environmental
Protection Research fellow shall be entitled to travel and
transportation allowances authorized in this part at the same rates as
may be
[[Page 16703]]
authorized by law and regulations for other civilian employees of the
EPA. If an Environmental Protection Research fellow dies during the
term of a fellowship, and the place of residence that was left by the
fellow to accept the fellowship was outside the continental United
States, the payment of expenses of preparing the remains for burial and
transporting them to the place of residence for interment may be
authorized. In the case of deceased fellows whose place of residence
was within the continental United States, payment of the expenses of
preparing the remains and transporting them to the place of residence
for interment may be authorized as provided for other civilian
employees of the Agency.
(c) Benefits. In addition to other benefits provided herein,
Environmental Protection Research fellows shall be entitled to benefits
as provided by law or regulation for other civilian employees of the
Agency.
(d) Training. Environmental Protection Research fellows are
eligible for training at Government expense on the same basis as other
Agency employees.
Sec. 18.9 Duration of Environmental Protection Research Fellowships.
Initial appointments to Environmental Protection Research
fellowships may be made for varying periods not in excess of 5 years.
Such an appointment may be extended for varying periods not in excess
of 5 years for each period in accordance with procedures and
requirements established by the Administrator or designee.
Sec. 18.10 Appointment of Special Research Consultants for
Environmental Protection.
(a) Purpose. When the EPA requires the services of consultants with
expertise in environmental sciences or engineering who cannot be
obtained when needed through regular civil service appointment or under
the compensation provisions of the Classification Act of 1949, Special
Research Consultants may be appointed to assist and advise in the
operations of the EPA, subject to the provisions of the following
paragraphs and in accordance with such instructions as may be issued
from time to time by the Administrator or designee.
(b) Appointments. Appointments, pursuant to the provisions of this
section, may be made by those officials in the EPA to whom authority
has been delegated by the Administrator or designee.
(c) Compensation. The per diem or other rates of compensation shall
be fixed by the appointing officer in accordance with criteria
established by the Administrator or designee.
Sec. 18.11 Standards of Conduct and Financial Disclosure.
All individuals appointed to an Environmental Protection Research
Fellowship or as a Special Research Consultant shall be subject to the
same current standards and disclosure regulations and requirements as
Title 5 appointees.
[FR Doc. 06-3204 Filed 4-3-06; 8:45 am]
BILLING CODE 6560-50-P
