Unknown. Final rule; amendment

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--- schema: federal-register doc_type: fedreg source_file: FR-2001-02-01.xml --- 66 22 Thursday, February 1, 2001 Contents Army Army Department See Engineers Corps NOTICES Meetings: U.S. Military Academy, Board of Visitors, 8573 01-2778 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Submission for OMB review; comment request, 8600-8601 01-2741 Grants and cooperative agreements; availability, etc.: Initiative to educate State legislatures about priority public health issues, 8601-8603 01-2740 Children Children and Families Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 8603-8604 01-2712 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency RULES Federal Deposit Insurance Act: Customer information safeguard standards establishment; and safety and soundness standards Year 2000 guidelines rescission, 8615-8641 01-1114 Customs Customs Service PROPOSED RULES Financial and accounting procedures:

Reimbursable Customs inspectional services; hourly rate charge increase, 8554-8555 01-2783 NOTICES Customhouse broker license cancellation, suspension, etc.: Overseas Transport Co. et al., 8612 01-2704 SDV Logistics (Texas), Inc., et al., 8612 01-2705 Customs bonds: Authorized facsimile signatures and seals; approval to use— American Home Assurance Co., 8613 01-2708 Granite State Insurance Co., 8612 01-2706 Highlands Insurance Co., 8613 01-2710 Insurance Co. of State of Pennsylvania, 8613 01-2709 National Union Fire Insurance Co., 8612 01-2707 Defense Defense Department See Army Department See Engineers Corps NOTICES Agency information collection activities:

Submission for OMB review; comment request, 8571-8572 01-2696 01-2697 01-2698 Meetings: Defense Intelligence Agency Science and Technology Advisory Board, 8572-8573 01-2766 Science Board task forces, 8573 01-2765 Economic Economic Development Administration NOTICES Trade adjustment assistance eligibility determination petitions: Ambu, Inc., et al., 8569 01-2739 Education Education Department RULES Postsecondary education: Developing Hispanic-Serving Institutions Program Effective date delay, 8519 01-2779 Energy Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration PROPOSED RULES Acquisition regulations:

Conditional payment of fee, profit, and other incentives, 8560-8567 01-1330 NOTICES Agency information collection activities: Proposed collection; comment request, 01-2761 8574-8575 01-2762 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: South Shore, Staten Island, NY; beach erosion control and storm damage protection feasibility study, 8573-8574 01-2777 EPA Environmental Protection Agency NOTICES Agency information collection activities: Proposed collection; comment request, 8588-8593 01-2771 Submission for OMB review; comment request, 8593-8594 01-2770 Pesticides; experimental use permits, etc.:

Monsanto Co., 8594-8596 01-2774 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Sikorsky, 8507-8509 01-2611 FCC Federal Communications Commission RULES Common carrier services: Interconnection— Arbitration procedures, 8519-8520 01-2760 Radio stations; table of assignments: Georgia, 8520 01-2752 Television broadcasting: Video programming; video description for individuals with visual disabilities; implementation; reconsideration petitions, 8521-8530 01-2754 PROPOSED RULES Common carrier services:

Interconnection— Unbundled network elements use to provide exchange access service, 8556-8557 01-2759 Digital television stations; table of assignments: Montana, 8557-8558 01-2757 Oregon, 8558 01-2756 Texas, 8557 01-2758 Radio stations; table of assignments: California, 8559 01-2749 Georgia, 8560 01-2751 North Dakota, 8559 01-2750 NOTICES Agency information collection activities: Submission for OMB review; comment request, 8596 01-2755 Common carrier services: In-region interLATA services— SBC Communications Inc. et al.; application to provide service in Kansas and Oklahoma granted, 8596-8599 01-2748 FDIC Federal Deposit Insurance Corporation RULES Federal Deposit Insurance Act:

Customer information safeguard standards establishment; and safety and soundness standards Year 2000 guidelines rescission, 8615-8641 01-1114 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities: Proposed collection; comment request, 8575-8578 01-2726 01-2728 01-2729 Electric rate and corporate regulation filings: Consolidated Edison Co. of New York, Inc., et al., 8580-8582 01-2767 FPLE Rhode Island State Energy, L.P., et al., 8582-8585 01-2768 Hydroelectric applications, 01-2722 8585-8586 01-2723 Practice and procedure:

Off-the-record communications, 8586-8587 01-2727 *Applications, hearings, determinations, etc.:* Continental Energy Services, Inc., et al., 8578 01-2719 Entergy Services, Inc., 8578 01-2724 ISO New England Inc., 8578-8579 01-2721 Texas Eastern Transmission Corp., 8579-8580 01-2718 Texas Eastern Transmission Corp.; correction, 8614 C1-1141 Wisconsin Public Power Inc., 8580 01-2725 Xcel Energy Operating Companies, 8580 01-2720 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 8609-8610 01-2700 Traffic control systems; discontinuance or modification: Union Pacific Railroad Co., 01-2701 8610-8611 01-2702 Wheeling & Lake Erie Railway Co., 8611 01-2703 Federal Reserve Federal Reserve System RULES Federal Deposit Insurance Act: Customer information safeguard standards establishment; and safety and soundness standards Year 2000 guidelines rescission, 8615-8641 01-1114 NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 8599-8600 01-2716 FTC Federal Trade Commission RULES Hart-Scott-Rodino Antitrust Improvements Act:

Premerger notification; reporting and waiting period requirements, 8679-8721 01-2605 Pracitce and procedure: Premerger notification requirements; additional information or documentary material requests; internal agency review, 8720-8722 01-2607 PROPOSED RULES Hart-Scott-Rodino Antitrust Improvements Act: Premerger notification; reporting and waiting period requirements, 8722-8729 01-2606 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Mexican spotted owl, 8530-8553 01-1798 Peninsular bighorn sheep, 8649-8677 01-1704 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration Interior Interior Department See Fish and Wildlife Service IRS Internal Revenue Service PROPOSED RULES Procedure and administration, etc.:

Federal Reserve banks; removal as depositaries; correction, 8614 C0-32568 International International Trade Administration NOTICES Agency information collection activities: Proposed collection; comment request, 8569-8570 01-2775 Justice Justice Department See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 8604-8605 01-2738 National National Council on Disability NOTICES Meetings:

International Watch Advisory Committee, 8605 01-2733 National National Institute for Literacy NOTICES Agency information collection activities: Proposed collection; comment request, 8605-8606 01-2736 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico reef fish and Gulf of Mexico and South Atlantic coastal migratory pelagic resources, 8567-8568 01-2692 Northeastern United States fisheries— Northeast multispecies and Atlantic sea scallop, 8568 01-2695 NOTICES Marine mammals:

Incidental taking; authorization letters, etc.— Western Geophysical; Beaufort Sea; on-ice seismic activities; ringed and bearded seals, 8570-8571 01-2694 Nuclear Nuclear Regulatory Commission NOTICES Meetings: 10 CFR Part 70; standard review plan, 8606 01-2745 Reports and guidance documents; availability, etc.: Risk-Based Performance Indicators; Phase-1 Development Results, 8606-8608 01-2746 Patent Patent and Trademark Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 8571 01-2715 Patent interference declaration standard, 8571 01-2820 Presidential Presidential Documents ADMINISTRATIVE ORDERS India; authorization of transfer of certain U.S.-origin helicopter parts from the United Kingdom (Presidential Determination No. 2001-11), 8503 01-2896 Refugee and migration assistance funding (Presidential Determination No. 2001-10), 8501 01-2895 Public Public Health Service See Centers for Disease Control and Prevention Research Research and Special Programs Administration RULES Hazardous materials:

Hazardous materials transportation— Harmonization with UN recommendations and International Maritime Dangerous Goods Code's technical instructions, 8643-8647 01-2185 SEC Securities and Exchange Commission RULES Investment companies: Registered investment company name requirements, 8509-8519 01-1967 PROPOSED RULES Securities: Equity compensation plans; proxy statements and periodic reports; disclosure requirements, 8731-8741 01-2730 State State Department NOTICES Art objects; importation for exhibition:

Andreas Gursky, 8608 01-2860 Meetings: International Telecommunication Advisory Committee, 8608-8609 01-2861 Thrift Thrift Supervision Office RULES Federal Deposit Insurance Act: Customer information safeguard standards establishment; and safety and soundness standards Year 2000 guidelines rescission, 8615-8641 01-1114 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Research and Special Programs Administration Treasury Treasury Department See Comptroller of the Currency See Customs Service See Internal Revenue Service See Thrift Supervision Office RULES Supplemental standards of ethical conduct for Department employees, 8505-8507 01-2735 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 8611-8612 01-2717 Western Western Area Power Administration NOTICES Floodplain and wetlands protection; environmental review determinations; availability, etc.: Loveland, CO; Boyd-Valley 115-kV transmission line rebuild and upgrade project, 8587 01-2764 Separate Parts In This Issue Part II Department of The Treasury, Comptroller of the Currency, Office of Thrift Supervision; Federal Deposit Insurance Corporation; and Federal Reserve System 8615-8641 01-1114 Part III Department of Transportation, Research and Special Programs Administration, 8643-8647 01-2185 Part IV Department of Interior, Fish and Wildlife Service, 8649-8677 01-1704 Part V Federal Trade Commission, 8679-8729 01-2605 01-2606 01-2607 Part VI Securities and Exchange Commission, 8731-8741 01-2730 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. 66 22 Thursday, February 1, 2001 Rules and Regulations DEPARTMENT OF THE TREASURY 5 CFR Part 3101 RINs 1550-AB43, 3209-AA15 Supplemental Standards of Ethical Conduct for Employees of the Department of the Treasury AGENCY:

Department of the Treasury. ACTION: Final rule; amendment. SUMMARY: The Department of the Treasury (Department), with the concurrence of the Office of Government Ethics (OGE), amends the Supplemental Standards of Ethical Conduct for Employees of the Department of the Treasury (Treasury Ethics Regulations) to revise the circumstances under which certain Office of Thrift Supervision

(OTS)employees may obtain credit cards from OTS-regulated savings associations or their subsidiaries, notwithstanding the general prohibition against “covered employees” obtaining loans or extensions of credit from these entities. The amendment also eliminates unnecessary provisions concerning retail store credit cards and mortgage assumptions. EFFECTIVE DATE: February 1, 2001. FOR FURTHER INFORMATION CONTACT: Henry H. Booth, Senior Ethics Counsel, Office of the Assistant General Counsel (General Law and Ethics), Department of the Treasury, Room 1410, Washington, DC 20220,

(202)622-0450; or Caroline Morris, Ethics Counsel, OTS General Law Division, 1700 G Street, NW, Washington, DC 20552,

(202)906-6431. SUPPLEMENTARY INFORMATION: I. Background The Treasury Ethics Regulations were issued in 1995 to minimize potential conflicts of interest and supplement OGE's Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR part 2635) (Standards). *See* 60 FR 22251 (May 5, 1995), as codified at 5 CFR part 3101. The OTS-pertinent part of the Treasury Ethics Regulations, *Additional rules for OTS employees,* at 5 CFR 3101.109 prohibits “covered OTS employees” from seeking or obtaining any loan or other extension of credit from a savings association. The requirement prevents employees from taking actions that may violate conflict of interest laws or that may constitute violations of 18 U.S.C. 213 concerning credit extended to examiners. Exceptions to the general prohibition permit covered OTS employees to obtain a credit card from a savings association under certain circumstances. *See* 5 CFR 3101.109(c)(3). Under the current regulation, most covered OTS employees are permitted to hold and use savings association credit cards if they recuse themselves from any work involving savings associations from which they hold credit cards. This general exception, however, is not available to covered OTS employees assigned to regional offices who wish to obtain a credit card from a savings association headquartered in their region. Under current Treasury Ethics Regulations, no regional covered employees may obtain credit cards from a savings association headquartered in their region. *See* 5 CFR 3101.109(c)(3)(i)(A). The Department has been prohibiting regional covered OTS employees from holding credit cards issued by a saving association headquartered in their region to strengthen public confidence in the integrity of OTS programs and to facilitate the assignment of work without constraints arising from employees' credit card recusals. When adopted, this restriction did not impose a significant burden on regional covered employees seeking credit cards. Since then, industry consolidation and conversions to the savings association charter have reduced the credit card options available to those employees. Further, the current rules have created problems in terms of staffing certain matters because of widespread holding of particular cards by covered employees. Subsequent to the issuance of the Treasury Ethics Regulation, the OTS examined the extent to which credit cards present conflicts of interest and concluded that in most instances, neither obtaining nor holding a credit card creates a conflict of interest or presents a likelihood for a loss of impartiality by an OTS employee. For these reasons, the existing credit card exception is being revised so that the general prohibition more closely conforms to the scope of 18 U.S.C. 213, the statutory prohibition barring only examiners from accepting credit from savings associations that they examine. This amended rule changes the Treasury Ethics Regulations' prohibition against OTS covered employees obtaining credit and the exceptions to the prohibition in the following ways. A. Application to OTS Employees Who Are Not Examiners To assure that the regional and Washington offices have maximum flexibility to assign projects to covered employees who are not examiners, this amendment eliminates the requirement for employees who are not examiners (attorneys, economists, analysts, *etc.* ) to be recused from work concerning savings associations that have issued them credit cards. These employees may obtain a credit card from a savings association as long as the credit card is obtained and held on terms and conditions no more favorable than those offered to the general public. 1 Both the existing regulation and the regulation as amended concern the extension of credit by OTS-regulated savings associations and their subsidiaries. The exceptions in the existing regulation allow examiners and other covered employees to obtain credit cards from regulated savings associations under certain circumstances. These exceptions applied to subsidiaries of regulated savings associations only by implication. The amended regulation specifically extends the exceptions for examiners and other covered employees to subsidiaries of OTS-regulated savings associations from which credit cards may be obtained. *See* new § 3101.109(c)(3)(i) and (ii). 1 OTS will continue to require all covered employees to disclose their savings association credit cards on annual financial disclosure reports, and to require employees to continue to attest that their credit cards were obtained and are being held on non-preferential terms, i.e., on terms and conditions (including collection policies) no more favorable than those offered to the general public. B. Application to Examiners OTS is the primary federal regulator of savings associations. OTS examiners assigned to the agency's five regions conduct examinations, make recommendations and prepare reports for savings associations headquartered in these respective geographical jurisdictions. The current rule prohibits examiners from holding credit cards issued by savings associations headquartered in their region. This rule continues that provision. In addition, OTS assigns examiners with certain skills to examine institutions outside their region. Consistent with the statutory language, the rule has been revised to reflect current practice of prohibiting examiners from obtaining or holding credit from savings associations headquartered outside their region if they are actually assigned to examine the savings associations. The final rule prohibits an examiner from obtaining a credit card from any savings associations or their subsidiaries that are headquartered in his or her region; or if not headquartered in the examiner's region, that he or she is assigned to examine. The rule retains the requirement that an examiner must obtain and hold credit cards on terms and conditions no more favorable than those offered to the general public. The rule also requires an examiner to submit a written disqualification from examining a savings association issuing a credit card to the examiner, but not from participating in other regulatory and supervisory matters affecting the savings association, such as applications, investigations, or records review. 18 U.S.C. 212 and 213 do not bar such participation, and permitting this participation by examiners broadens OTS staffing options for various activities. Because this rule more clearly connects the credit card restriction to the examiners' actual or likely work assignments, it will provide OTS examiners greater access to credit cards without restricting the flexibility of supervisors in making work assignments and without increasing the potential for conflicts of interest. Therefore, the rule is consistent with the fundamental purpose of Treasury Ethics Regulations restrictions on savings association credit card use by covered OTS employees. C. Related Changes The existing regulations permit covered employees to use exceptions to the prohibition only under limited circumstances, including when the employee

(1)obtains a credit card sponsored by a retail firm (§ 3101.109(c)(3)(ii)); or

(2)obtains the credit through the assumption of a savings association mortgage on the employee's residence in accordance with the mortgage's original terms (§ 3101.109(c)(3)(iii)). The amended rule eliminates the reference to retail store sponsored credit cards, because a retail store credit card issued by a saving association will be treated no differently than any other savings association issued card. The amended rule's reference to mortgage assumptions also is being deleted as unnecessary. The current rule's prohibition on obtaining credit from a savings association in § 3101.109(c)(1) applies to “any loan or extension of credit, including credit obtained through the use of a credit card.” The amended rule shortens and simplifies that provision by removing the reference to a credit card. It is clear from the content of the rest of paragraph

(c)that credit includes the use of a credit card. II. Matters of Regulatory Procedure Administrative Procedure Act Pursuant to 5 U.S.C. 553(a)(2), (b), and (d), the Department has found that good cause exists for waiving the regular notice of proposed rulemaking, opportunity for public comment, and 30-day delayed effective date for this final rule amendment. This action is being taken because it is in the public interest that this rule, which concerns matters of agency management, personnel, organization, practice and procedure, and which relieves certain restrictions placed on OTS employees, become effective on the date of publication. Regulatory Flexibility Act Analysis Pursuant to section 605(b) of the Regulatory Flexibility Act, the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Accordingly, no regulatory flexibility analysis is required. The rule would not increase the regulatory burden on savings associations. The economic impact of this rule on savings associations, regardless of size, is expected to be minuscule at most. Executive Order 12866 Determination The Department has determined that this final rule does not constitute a “significant regulatory action” for the purposes of Executive Order 12866. Unfunded Mandates Reform Act of 1995 Determinations Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded Mandates Act) 2 requires that an agency prepare a budgetary impact statement before promulgating a rule that includes a Federal mandate that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of the Unfunded Mandates Act also requires an agency to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. As discussed in the preamble, this rule limits the restrictions on OTS employees borrowing from savings associations. The Department therefore has determined that the rule will not result in expenditures by State, local, or tribal governments or by the private sector of $100 million or more. Accordingly, the Department has not prepared a budgetary impact statement or specifically addressed the regulatory alternatives considered. 2 Pub. L. 104-4, 109 Stat. 48

(1995)(codified at 2 U.S.C. Chs. 17A, 25). List of Subjects in 5 CFR Part 3101 Conflict of interests, Ethics, Extensions of credit, Government employees, OTS employees. Dated: January 16, 2001. Neal S. Wolin, General Counsel, Department of the Treasury. Approved: January 19, 2001. Amy L. Comstock, Director, Office of Government Ethics. For the reasons set forth in the preamble, the Department, with the concurrence of OGE, amends 5 CFR part 3101 as follows: PART 3101—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE DEPARTMENT OF THE TREASURY 1. The authority citation for part 3101 is revised to read as follows: Authority: 5 U.S.C. 301, 7301, 7353; 5 U.S.C. App. (Ethics in Government Act of 1978); 18 U.S.C. 212, 213; 26 U.S.C. 7214(b); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.203(a), 2635.403(a), 2635.803, 2635.807(a)(2)(ii). 2. In § 3101.109, paragraphs (c)(1) and (c)(3) are revised to read as follows: § 3101.109 Additional rules for Office of Thrift Supervision employees.

(c)*Prohibited borrowing* —(1) *Prohibition on employee borrowing.* Except as provided in this section, no covered OTS employee shall seek or obtain any loan or extension of credit from any OTS-regulated savings association or from an officer, director, employee, or subsidiary of any such association.

(3)*Exceptions* —(i) *Covered employees other than examiners.* Except for examiners, a covered OTS employee, or the spouse or minor child of a covered OTS employee, may obtain a credit card from an OTS-regulated savings association or its subsidiary if the credit card is issued and held on terms and conditions no more favorable than those offered the general public.

(ii)*Examiners.* An examiner, or the spouse or minor child of an examiner, may obtain or hold a credit card issued by an OTS-regulated savings association or its subsidiary, if:

(A)The savings association is not headquartered in the examiner's region;

(B)The examiner is not assigned to examine the savings association;

(C)The terms and conditions are no more favorable than those offered to the general public; and

(D)The examiner submits a written disqualification from examining that savings association. The examiner nonetheless may participate in other supervisory or regulatory matters involving the savings association. [FR Doc. 01-2735 Filed 1-31-01; 8:45 am]

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