Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2001-04-03.xml --- 66 64 Tuesday, April 3, 2001 Contents Editorial Note: In the **Federal Register** of April 2, 2001, all the page numbers were inadvertently omitted from that issue's table of contents. A corrected table of contents for the April 2, 2001 issue appears after the Reader Aids section at the back of today's **Federal Register.** Agriculture Agriculture Department See Forest Service Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Submission for OMB review; comment request, 17712-17715 01-8095 01-8096 01-8097 Grants and cooperative agreements; availability, etc.: Nation's public health infrastructure improvement; applied research, training, and technical assistance, 17715-17718 01-8094 Children Children and Families Administration NOTICES Reports and guidance documents; availability, etc.: Head Start programs; status of children; biennial report to Congress (1999 FY), 17718 01-8120 Commerce Commerce Department See Export Administration Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Defense Defense Department RULES Federal Acquisition Regulation (FAR):

Contractor responsibility, labor relations costs, and costs relating to legal and other proceedings, 17753-17756 01-8122 Small entity compliance guide, 17756-17757 01-8123 PROPOSED RULES Federal Acquisition Regulation (FAR): Contractor responsibility, labor relations costs, and costs relating to legal and other proceedings; withdrawn, 17757-17760 01-8124 NOTICES Agency information collection activities: Proposed collection; comment request, 17688 01-8070 Submission for OMB review; comment request, 17688-17689 01-8068 01-8069 Meetings:

Science Board, 17689 01-8071 01-8072 Defense Defense Nuclear Facilities Safety Board NOTICES Recommendations: Savannah River Site, SC; high-level waste management, 17689-17692 01-8064 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 01-8083 17692-17693 01-8084 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Meetings:

Fire Safety and Preparedness Commission, 17693-17694 01-8105 Energy Energy Efficiency and Renewable Energy Office NOTICES Meetings: State Energy Advisory Board, 17694 01-8104 Energy Energy Information Administration NOTICES Meetings: American Statistical Association Committee on Energy Statistics, 17694-17695 01-8106 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Pennsylvania, 17634-17638 01-8021 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

Illinois and Missouri, 17647-17657 01-8019 Air quality implementation plans; approval and promulgation; Illinois, 17641-17646 01-8020 Pennsylvania, 17647 01-8022 NOTICES Agency information collection activities: Proposed collection; comment request, 17699-17706 01-8127 01-8129 01-8130 01-8134 Meetings: Gulf of Mexico Program Policy Review Board, 17706 01-8132 Reports and guidance documents; availability, etc.: Wet milling; impact on Cry9C protein content in food; agency analysis, 17706-17708 01-8138 Superfund; response and remedial actions, proposed settlements, etc.:

Lenz Oil Services, Inc., Site, IL, 17709-17710 01-8128 Superfund program: Prospective purchaser agreements— Metcoa Radiation Site, PA, 17708-17709 01-8131 Toxic and hazardous substances control: Interagency Testing Committee report— Receipt and comment request, 17767-17774 01-8133 Export Export Administration Bureau NOTICES Meetings: Information Systems Technical Advisory Committee, 17683 01-8118 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Bell; withdrawn, 17641 01-8147 FCC Federal Communications Commission RULES Common carrier services:

Digital television broadcasting— 740-806 MHz band; conversion to digital television, 17638-17639 01-8157 FDIC Federal Deposit Insurance Corporation RULES Federal Deposit Insurance Act: Unsafe and unsound banking practices— Deposit broker notification, recordkeeping, and reporting requirements; rescission, 17621-17622 01-8100 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Escatawpa Funding, L.P., et al., 17697-17698 01-8111 Environmental statements; notice of intent:

Columbia Gas Transmission Corp., 17698-17699 01-8076 *Applications, hearings, determinations, etc.:* Electric Power Supply Association et al., 17695 01-8117 Great Lakes Gas Transmission L.P., 17695 01-8112 Gulf South Pipeline Co., L.P., 17695-17696 01-8115 Mojave Pipeline Co., 17696 01-8114 Natural Gas Pipeline Co. of America, 17696 01-8116 Trunkline LNG Co., 17696 01-8113 Westar Generating, Inc., 17697 01-8077 Federal Housing Federal Housing Finance Board NOTICES Agency information collection activities:

Submission for OMB review; comment request, 17710-17711 01-8079 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications— Branam, Jerry T., et al.; vision requirement exemptions, 17743-17747 01-8176 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 17711 01-8075 01-8152 Formations, acquisitions, and mergers, 17711-17712 01-8074 01-8153 FTC Federal Trade Commission RULES Practice and procedure:

Technical amendments, 17622-17633 01-8045 Fish Fish and Wildlife Service NOTICES Endangered and threatened species permit applications, 17728-17729 01-8080 Marine mammal permit applications, 17729 01-8081 Food Food and Drug Administration NOTICES Human drugs: Orphan drug and biological designations; cumulative list, 17718-17719 01-8061 Meetings: Bovine spongiform encephalopathy and transmissible spongiform encephalopathies; consumer briefing, 17719 01-8062 Forest Forest Service NOTICES Meetings:

Willamette Provincial Advisory Committee, 17683 01-8093 GSA General Services Administration RULES Federal Acquisition Regulation (FAR): Contractor responsibility, labor relations costs, and costs relating to legal and other proceedings, 17753-17756 01-8122 Small entity compliance guide, 17756-17757 01-8123 PROPOSED RULES Federal Acquisition Regulation (FAR): Contractor responsibility, labor relations costs, and costs relating to legal and other proceedings; withdrawn, 17757-17760 01-8124 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Care Financing Administration See National Institutes of Health See Public Health Service See Substance Abuse and Mental Health Services Administration PROPOSED RULES Medical care and examinations:

Indian health— Joint Tribal and Federal Self-Governance Negotiated Rulemaking Committee; meetings, 17657 01-8233 Health Health Care Financing Administration PROPOSED RULES Medicaid: Inpatient and outpatient hospital services, nursing facility services, intermediate care facility services for mentally retarded, and clinic services— Upper payment limit transition period, 17657-17659 01-8178 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service NOTICES Agency information collection activities:

Proposed collection; comment request, 17748-17751 01-8158 01-8159 01-8160 01-8161 01-8162 International International Trade Administration NOTICES Countervailing duties: Pasta from— Italy and Turkey, 17683-17684 01-8168 Export trade certificates of review, 17684 01-8102 International International Trade Commission NOTICES Meetings; Sunshine Act, 17737 01-8263 01-8264 Labor Labor Department See Pension and Welfare Benefits Administration NOTICES Organization, functions, and authority delegations:

Assistant Secretary for Employment Standards et al., 17761-17765 01-8144 Land Land Management Bureau NOTICES Environmental statements; notice of intent: Nellis Air Force Range, NV; resource plan, 17729-17730 01-8109 Oil and gas leases: New Mexico, 17730-17731 01-8107 01-8108 Resource management plans, etc.: California Desert Conservation Area, CA, 17731 01-8078 Minerals Minerals Management Service NOTICES Outer Continental Shelf operations: Oil and gas lease sales— Restricted joint bidders list, 17731 01-8073 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR):

Contractor responsibility, labor relations costs, and costs relating to legal and other proceedings, 17753-17756 01-8122 Small entity compliance guide, 17756-17757 01-8123 PROPOSED RULES Federal Acquisition Regulation (FAR): Contractor responsibility, labor relations costs, and costs relating to legal and other proceedings; withdrawn, 17757-17760 01-8124 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.:

Hankook Tire Manufacturing Co., Ltd., 17747 01-8177 NIH National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.: Obesity and insulin resistance; novel candidate genes identification using global gene expression profiling, 17719-17720 01-8085 Inventions, Government-owned; availability for licensing, 17720-17722 01-8086 01-8087 Patent licenses; non-exclusive, exclusive, or partially exclusive: Biosyn, Inc., 17722 01-8091 ImClone Systems Inc., 17722-17723 01-8088 OmniViral Therapeutics LLC, 17723-17724 01-8089 01-8090 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

West Coast States and Western Pacific fisheries— West Coast salmon, 17639-17640 01-8164 PROPOSED RULES Endangered and threatened species: Copper, quillback, and brown rockfish, and Pacific herring; Puget Sound populations; status review, 17659-17668 01-8049 Fishery conservation and management: Northeastern United States fisheries— Northeast multispecies; fishing capacity reduction program, 17668-17673 01-8048 Tilefish, 17673-17680 01-8163 West Coast States and Western Pacific fisheries— Fixed-gear sablefish harvest, 17681-17682 01-8167 NOTICES Endangered and threatened species:

Salmon Creek, Chimacum Creek, Jimmycomelately Creek, and Big Beef Creek summer chum salmon; hatchery and genetic management plans, 17684-17686 01-8165 National Park National Park Service NOTICES Native American human remains and associated funerary objects: Museum of Anthropology, University of Missouri-Columbia, MO— Inventory from Utz site, Saline County, MO, 17731-17732 01-8175 Peabody Museum of Archaeology and Ethnology, Harvard University, MA— Inventory from Fort Pierre, SD, 17733-17735 01-8170 Inventory from Mandan Village Site, ND, 17732-17733 01-8169 Karuk feather band from California, 17736-17737 01-8174 Oglala Sioux individual from South Dakota, 17735-17736 01-8172 Palouse Indian from Snake River, WA, 17736 01-8173 Plains region Comanche individual from Oklahoma, 17735 01-8171 National Telecommunications National Telecommunications and Information Administration NOTICES Satellite communications market and role of intergovernmental satellite organizations; comment request, 17686-17687 01-8065 Nuclear Nuclear Regulatory Commission NOTICES Meetings;

Sunshine Act, 17741-17742 01-8232 Pension Pension and Welfare Benefits Administration NOTICES Employee benefit plans; prohibited transaction exemptions: Joliet Medical Group, Ltd.; withdrawn, 17737 01-8154 Salomon Smith Barney Inc. et al., 17738-17741 01-8155 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

National Toxicology Program— Scientific Counselors Board, 17724-17725 01-8092 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc.; correction, 17752 C1-7073 SBA Small Business Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 17742 01-8063 Social Social Security Administration NOTICES Foreign insurance or pension systems: Korea, 17742 01-8103 State State Department NOTICES Agency information collection activities:

Submission for OMB review; comment request, 17742-17743 01-8148 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 17725-17726 01-8098 Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 17726-17728 01-8099 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Burlington Northern & Santa Fe Railway Co., 17748 01-8143 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 17748 01-8119 Separate Parts In This Issue Part II Department of Defense, General Services Administration, National Aeronautics and Space Administration, 17753-17760 01-8122 01-8123 01-8124 Part III Department of Labor, 17761-17765 01-8144 Part IV Environmental Protection Agency, 17767-17774 01-8133 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 64 Tuesday, April 3, 2001 Rules and Regulations FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 337 RIN 3064-AC48 Rescission of Deposit Broker Notification, Recordkeeping and Reporting Requirements AGENCY:

Federal Deposit Insurance Corporation (“FDIC”). ACTION: Final rule. SUMMARY: As part of the Financial Regulatory Relief and Economic Efficiency Act of 2000, Congress repealed section 29A of the Federal Deposit Insurance Act (“FDI Act”). Section 29A imposed certain requirements on deposit brokers and authorized the FDIC to issue implementing regulations. The FDIC is rescinding the regulations issued to implement the now-repealed section 29A of the FDI Act. As a result of Congress' repeal of section 29A and the FDIC's rescission of the implementing regulations, deposit brokers no longer are required to notify the FDIC that they are acting as deposit brokers or have ceased acting as such.

Also, deposit brokers no longer are required to maintain records as to the amounts and maturities of deposits placed by the broker at each insured depository institution. EFFECTIVE DATE: April 3, 2001. FOR FURTHER INFORMATION CONTACT: Carol A. Mesheske, Chief, Special Activities Section, Division of Supervision,

(202)898-6750, Joseph A. DiNuzzo, Counsel,

(202)898-7349 or Christopher L. Hencke, Counsel,

(202)898-8839, Legal Division, FDIC, Washington, D.C. 20429. SUPPLEMENTARY INFORMATION: Congress repealed section 29A of the FDI Act (12 U.S.C. 1831f-1) in the Financial Regulatory Relief and Economic Efficiency Act of 2000. Pub. L. 106-569, Title XII, § 1203. The effective date of that legislation was December 27, 2000. Section 29A prohibited a “deposit broker,” as defined in section 29(g) of the FDI Act (12 U.S.C. 1831f(g)), from soliciting or placing deposits with FDIC-insured depository institutions unless the broker notified the FDIC that it was acting as a deposit broker. Deposit brokers also were required to notify the FDIC when they stopped acting as deposit brokers. In addition, section 29A authorized the FDIC to impose, by regulation, recordkeeping and reporting requirements upon deposit brokers. As an amendment to § 337.6 of its regulations, in 1992 the FDIC issued notice, recordkeeping and reporting requirements affecting deposit brokers. 12 CFR 337.6(e). As the result of Congress' repeal of section 29A of the FDI Act, the FDIC is now rescinding the regulations issued pursuant to section 29A. In the past, some deposit brokers have advertised themselves as “FDIC-registered.” Such advertisements suggested that the broker had been approved or examined by the FDIC. Such suggestions were incorrect. By repealing section 29A, Congress intended to eliminate such inaccurate advertisements. Brokers should no longer advertise that they are “FDIC-registered” or otherwise indicate that they are somehow approved by the FDIC. Neither the repeal of section 29A nor the rescission of § 337.6(e) changes the definition of deposit broker. Under the FDI Act a deposit broker is broadly defined as “any person engaged in the business of placing deposits or facilitating the placement of deposits of third parties with insured depository institutions * * *.” 12 U.S.C. 1831f(g)(1)(A). The repeal of section 29A and the rescission of § 337.6(e) mean only that deposit brokers are no longer bound by the former statutory and regulatory notification, recordkeeping and reporting requirements. The prohibition on the acceptance of brokered deposits by certain FDIC-insured depository institutions, based on their capitalization, continues to apply. (12 U.S.C. 1831f; 12 CFR 337.6.) Similarly, the requirements for obtaining “pass-through” insurance coverage on brokered deposits are unchanged. (12 CFR 330.5(b).) Exemption From Public Notice and Comment The rescission of § 337.6(e) does not constitute a “rule” for which the FDIC is required to publish a general notice of proposed rulemaking under section 553(b) of the United States Code. This is because the final rule merely rescinds a regulation issued pursuant to a statute that Congress has repealed. Thus, the FDIC has determined for good cause that public notice and comment are unnecessary and the rule should be published in final form. Regulatory Flexibility Analysis The Regulatory Flexibility Act (5 USC 601-612) requires an agency to publish an initial regulatory flexibility analysis, except to the extent provided in 5 USC 605(b), whenever the agency is required to publish a general notice of proposed rulemaking for a proposed rule. For the reasons discussed above, the FDIC is publishing this rule as a final rule, for which no publication of a general notice of proposed rulemaking is necessary. Thus, no regulatory flexibility analysis is required. Congressional Review Act The Office of Management and Budget has determined that this final rule is not a “major rule” within the meaning of the Congressional Review Act (5 USC 801, *et seq.* ). The FDIC will file the appropriate reports with Congress and the General Accounting Office so that this final rule can be reviewed. List of Subjects in 12 CFR Part 337 Banks, banking, Deposit brokers, Deposit insurance, Reporting and recordkeeping requirements, Savings associations, Securities. In consideration of the foregoing, the FDIC hereby amends part 337 of chapter III of title 12 of the Code of Federal Regulations as follows: PART 337—UNSAFE AND UNSOUND BANKING PRACTICES 1. The authority citation for part 337 continues to read as follows: Authority: 12 U.S.C. 375a(4), 375b, 1816, 1818(a), 1818(b), 1819, 1820(d)(10), 1821f, 1828(j)(2), 1831, 1831f-1. § 337.6 [Amended] 2. Section 337.6(e) is removed and reserved. By order of the Board of Directors. Dated at Washington, D.C., this 26th day of March, 2001. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. 01-8100 Filed 4-2-01; 8:45 am]

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