Unknown. Final rule; amendment

3,711 words·~17 min read·/register/2001/12/03/01-29890

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2001-12-03.xml --- 66 No. 232 Monday, December 3, 2001 Contents Administration Administration on Aging See Aging Administration AID Agency for International Development PROPOSED RULES Semi-annual agenda, 62221-62224 01-27116 Semi-annual agenda; correction, 60246 C1-27116 Aging Aging Administration NOTICES Agency information collection activities: Proposed collection; comment request, 60214 01-29818 Agriculture Agriculture Department See Foreign Agricultural Service See Forest Service See Rural Utilities Service PROPOSED RULES Semi-annual agenda, 61327-61414 01-27113 Semi-annual agenda; correction, 60246 C1-27113 NOTICES Agency information collection activities: > Proposed collection; comment request, 60179 01-29852 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Semi-annual agenda, 62225-62227 01-23851 Semi-annual agenda; correction, 60246 C1-23851 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:

Guatemala; human infectious diseases; research and human resource development, 60214-60215 01-29838 Centers Centers for Medicare & Medicaid Services RULES Medicare and Medicaid: Physicians’ referrals to health care entities with which they have financial relationships Effective date partially delayed, 60154-60156 01-29904 Civil Civil Rights Commission PROPOSED RULES Semi-annual agenda, 62229-62230 01-25310 Semi-annual agenda; correction, 60246 C1-25310 Coast Guard Coast Guard RULES Ports and waterways safety:

MacDill Air Force Base, FL; security zone, 60151-60152 01-29885 NOTICES Agency information collection activities: Submission for OMB review; comment request, 60238-60239 01-29886 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration PROPOSED RULES Semi-annual agenda, 61415-61498 01-26030 Semi-annual agenda; correction, 60246 C1-26030 Commodity Commodity Futures Trading Commission PROPOSED RULES Semi-annual agenda, 62579-62588 01-23866 Semi-annual agenda; correction, 60246 C1-23866 NOTICES Meetings;

Sunshine Act, 60202 01-29924 01-29925 01-29926 01-29927 Comptroller Comptroller of the Currency NOTICES Agency information collection activities: Proposed collection; comment request, 60242-60243 01-29897 Consumer Consumer Product Safety Commission PROPOSED RULES Semi-annual agenda, 62589-62600 01-23867 Semi-annual agenda; correction, 60246 C1-23867 Copyright Copyright Office, Library of Congress NOTICES Uruguay Round Agreements Act: Restored copyrights; notices of intent to enforce; notification of request to retract prior filings, 60223-60225 01-29900 Corporation Corporation for National and Community Service PROPOSED RULES Semi-annual agenda, 62231-62234 01-23852 Semi-annual agenda; correction, 60246 C1-23852 NOTICES Agency information collection activities:

Proposed collection; comment request, 60202-60203 01-29842 Court Court Services and Offender Supervision Agency for the District of Columbia PROPOSED RULES Semi-annual agenda, 62235-62238 01-26031 Semi-annual agenda; correction, 60246 C1-26031 Defense Defense Department PROPOSED RULES Federal Acquisition Regulation (FAR): Semi-annual agenda, 62561-62577 01-23865 Semi-annual agenda; correction, 60246 C1-23865 Semi-annual agenda, 61499-61527 01-23849 Semi-annual agenda; correction, 60246 C1-23849 NOTICES Agency information collection activities:

Proposed collection; comment request, 60203-60204 01-29843 Education Education Department PROPOSED RULES Semi-annual agenda, 61529-61534 01-23850 Semi-annual agenda; correction, 60246 C1-23850 NOTICES Agency information collection activities: Proposed collection; comment request, 60204 01-29832 Energy Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Semi-annual agenda, 61535-61554 01-28100 Semi-annual agenda; correction, 60246 C1-28100 EPA Environmental Protection Agency RULES Hazardous waste:

Identification and listing— Mixture and derived-from rules; treatment, storage, or disposal, 60153-60154 01-29958 PROPOSED RULES Air programs: Fuels and fuel additives— Reformulated gasoline terminal receipt date, 60163-60176 01-29777 Semi-annual agenda, 62239-62392 01-26705 Semi-annual agenda; correction, 60246 C1-26705 NOTICES Hazardous waste: Land disposal restrictions; exemptions— E.I. du Pont de Nemours & Co., Inc., 60210 01-29866 Superfund prgram: Prospective purchaser agreements— Sentinel Wood Treating Site, MO, 60210-60211 01-29867 Water quality criteria:

Atrazine; aquatic life criteria document, 60211-60212 01-29868 Equal Equal Employment Opportunity Commission PROPOSED RULES Semi-annual agenda, 62393-62395 01-25311 Semi-annual agenda; correction, 60246 C1-25311 Executive Executive Office of the President See Management and Budget Office See Trade Representative, Office of United States Farm Farm Credit Administration PROPOSED RULES Semi-annual agenda, 62601-62607 01-23868 Semi-annual agenda; correction, 60246 C1-23868 Farm Farm Credit System Insurance Corporation PROPOSED RULES Semi-annual agenda, 62609-62610 01-23869 Semi-annual agenda; correction, 60246 C1-23869 FAA Federal Aviation Administration RULES Airworthiness directives:

Agusta S.p.A., 60144-60145 01-29591 Eurocopter France, 60143-60144 01-29592 GARMIN International, 60140-60142 01-29325 Short Brothers, 60145-60147 01-29590 PROPOSED RULES Class D airspace, 60162-60163 01-29887 NOTICES Environmental statements; notice of intent: Gary/Chicago Airport, IN, 60239-60240 01-29888 Meetings: Aviation Security Advisory Committee, 60240 01-29889 RTCA, Inc., 60240 01-29821 FCC Federal Communications Commission RULES Radio stations; table of assignments:

Georgia, 60156 01-29873 North Dakota, 60156-60157 01-29872 Tennessee, 60157 01-29871 PROPOSED RULES Semi-annual agenda, 62611-62665 01-23870 Semi-annual agenda; correction, 60246 C1-23870 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Semi-annual agenda, 62667-62674 01-23871 Semi-annual agenda; correction, 60246 C1-23871 Federal Emergency Federal Emergency Management Agency PROPOSED RULES National Flood Insurance Program: Increased rates for coverage, 60176-60178 01-29747 Semi-annual agenda, 62397-62405 01-25312 Semi-annual agenda; correction, 60246 C1-23512 NOTICES Agency information collection actvities:

Submission for OMB review; comment request, 60212-60213 01-29869 Disaster and emergency areas: Oklahoma, 60213 01-29870 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Semi-annual agenda, 62675-62678 01-25317 Semi-annual agenda; correction, 60246 C1-25317 NOTICES Electric rate and corporate regulation filings: UAE Lowell Power LLC et al., 60207-60209 01-29830 Hydroelectric applications, 60209-60210 01-29857 Applications, hearings, determinations, etc.: Colorado Interstate Gas Co., 60204-60205 01-29862 Eastern Shore Natural Gas Co., 60205 01-29865 Egan Hub Partners, L.P., 60205 01-29858 Kinder Morgan Interstate Gas Transmission LLC, 60205-60206 01-29859 Northern Natural Gas Co., 60206 01-29860 Overthrust Pipeline Co., 60206 01-29864 Tennessee Gas Pipeline Co., 60206-60207 01-29861 Trunklne Gas Co. et al., 60207 01-29856 Wyoming Interstate Co., Ltd., 60207 01-29863 Federal Housing Federal Housing Enterprise Oversight Office PROPOSED RULES Semi-annual agenda, 62457-62460 01-23858 Semi-annual agenda; correction, 60246 C1-23858 Federal Housing Federal Housing Finance Board PROPOSED RULES Semi-annual agenda, 62679-62683 01-23872 Semi-annual agenda; correction, 60246 C1-23872 FMC Federal Maritime Commission PROPOSED RULES Semi-annual agenda, 62685-62690 01-25318 Semi-annual agenda; correction, 60246 C1-25318 Federal Mediation Federal Mediation and Conciliation Service PROPOSED RULES Semi-annual agenda, 62407-62409 01-23853 Semi-annual agenda; correction, 60246 C1-23853 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.:

Association of American Railroads, 60240-60241 01-29882 Federal Reserve Federal Reserve System PROPOSED RULES Semi-annual agenda, 62691-62705 01-23873 Semi-annual agenda; correction, 60246 C1-23873 NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 60213 01-29845 Formations, acquisitions, and mergers; correction, 60214 01-29846 Permissible nonbanking activities, 60214 01-29847 FTC Federal Trade Commission PROPOSED RULES Semi-annual agenda, 62707-62715 01-23874 Semi-annual agenda; correction, 60246 C1-23874 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Surety companies acceptable on Federal bonds:

OneBeacon America Insurance Co., 60243 01-29816 OneBeacon Insurance Co., 60244 01-29815 Pennsylvania General Insurance Co., 60244-60245 01-29817 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Recovery plans— San Francisco lessingia and Raven's manzanita, 60217-60218 01-29824 Endangered and threatened species permit applications, 60215-60217 01-29825 01-29849 01-29851 Environmental statements; availability, etc.: Double-crested cormorant management, 60218-60219 01-29881 Incidental take permits— Riverside County, CA; coastal California gnatcatcher, 60219-60220 01-29840 Marine mammal permit applications, 60220 01-29850 MISSING FOR:

Foreign Agricultural Service Foreign Agricultural Service NOTICES Committees; establishment, renewal, termination, etc.: Emerging Markets Advisory Committee, 60179-60180 01-29876 Forest Forest Service NOTICES Environmental statements; notice of intent: Caribou-Targhee National Forest, ID, 60180-60181 01-29836 Caribou-Targhee National Forest, WY, 60181-60182 01-29837 Lewis and Clark National Forest, MT, 60182-60183 01-29841 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR):

Semi-annual agenda, 62561-62577 01-23865 Semi-annual agenda; correction, 60246 C1-23865 Semi-annual agenda, 62411-62421 01-26032 Semi-annual agenda; correction, 60246 C1-26032 Government Government Ethics Office PROPOSED RULES Semi-annual agenda, 62461-62468 01-25314 Semi-annual agenda; correction, 60246 C1-25314 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Substance Abuse and Mental Health Services Administration PROPOSED RULES Semi-annual agenda, 61555-61633 01-27742 Semi-annual agenda; correction, 60246 C1-27742 Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office PROPOSED RULES Semi-annual agenda, 61635-61661 01-25307 Semi-annual agenda; correction, 60246 C1-25307 Immigration Immigration and Naturalization Service NOTICES Settlement agreements:

Walters vs. Reno; class action approval; correction, 60223 01-29884 Interior Interior Department See Fish and Wildlife Service See Minerals Management Service See National Indian Gaming Commission PROPOSED RULES Semi-annual agenda, 61663-61757 01-26703 Semi-annual agenda; correction, 60246 C1-26703 International International Trade Administration NOTICES Antidumping: Folding metal tables and chairs from— China, 60185-60192 01-29814 Hot-rolled carbon steel flat products from— India, 60194-60195 01-29896 Indonesia, 60192-60194 01-29810 Hot-rolled flat-rolled carbon-quality steel products from— Brazil, 60195-60196 01-29808 Stainless steel plate in coils from— Italy, 60196 01-29892 Tapered roller bearings and parts, finished and unfinished, from— China, 60196-60197 01-29891 Antidumping and countervailing duties:

Administrative review requests, 60183-60184 01-29895 Five year (sunset) reviews— Initiation of reviews, 60184-60185 01-29893 Countervailing duties: Hot-rolled carbon steel flat products from— India and Indonesia, 60198-60200 01-29812 South Africa, 60201-60202 01-29813 Thailand, 60197-60198 01-29811 International International Trade Commission NOTICES Import investigations: Sodium azide from— Japan, 60220-60223 01-29894 Justice Justice Department See Immigration and Naturalization Service PROPOSED RULES Semi-annual agenda, 61759-61838 01-26704 Semi-annual agenda; correction, 60246 C1-26704 Labor Labor Department PROPOSED RULES Semi-annual agenda, 61839-61886 01-25308 Semi-annual agenda; correction, 60246 C1-25308 Library Library of Congress See Copyright Office, Library of Congress Management Management and Budget Office PROPOSED RULES Semi-annual agenda, 62469-62472 01-26033 Semi-annual agenda; correction, 60246 C1-26033 Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulphur operations:

Surety bonds for leases; requirements, 60147-60150 01-29899 Morris Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation PROPOSED RULES Semi-annual agenda, 62423-62425 01-23864 Semi-annual agenda; correction, 60246 C1-23864 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Semi-annual agenda, 62561-62577 01-23865 Semi-annual agenda; correction, 60246 C1-23865 Semi-annual agenda, 62427-62432 01-23854 Semi-annual agenda; correction, 60246 C1-23854 National Archives National Archives and Records Administration PROPOSED RULES Semi-annual agenda, 62433-62439 01-23855 Semi-annual agenda; correction, 60246 C1-23855 NOTICES Agency information collection activities:

Proposed collection; comment request, 60225 01-29819 National Credit National Credit Union Administration PROPOSED RULES Semi-annual agenda, 62717-62723 01-25319 Semi-annual agenda; correction, 60246 C1-25319 National Foundation National Foundation on the Arts and the Humanities PROPOSED RULES Semi-annual agenda: Institute of Museum and Library Services, 62441-62443 01-23856 Institute of Museum and Library Services; correction, 62406 C1-23856 National Endowment for the Arts, 62445-62447 01-25313 National Endowment for the Arts; correction, 62406 C1-25313 National Endowment for the Humanities, 62449-62451 01-28101 National Endowment for the Humanities; correction, 62406 C1-28101 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards:

Electric-powered vehicles; electrolyte spillage and electrical shock protection; reconsideration petition denied, 60157-60161 01-29901 National Indian National Indian Gaming Commission PROPOSED RULES Semi-annual agenda, 62725-62728 01-25320 Semi-annual agenda; correction, 60246 C1-25320 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico red snapper, 60161 01-29879 National Science National Science Foundation PROPOSED RULES Semi-annual agenda, 62453-62455 01-23857 Semi-annual agenda; correction, 60246 C1-23857 NOTICES Meetings:

Proposal review meetings, 60225-60226 01-29880 Nuclear Nuclear Regulatory Commission PROPOSED RULES Semi-annual agenda, 62729-62742 01-23875 Semi-annual agenda; correction, 60246 C1-23875 NOTICES Public web site, redesigned; deployment, 60226 01-29874 Office Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Office Office of Management and Budget See Management and Budget Office Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Peace Peace Corps PROPOSED RULES Semi-annual agenda, 62497-62500 01-23859 Semi-annual agenda; correction, 60246 C1-23859 Pension Pension Benefit Guaranty Corporation PROPOSED RULES Semi-annual agenda, 62501-62505 01-23860 Semi-annual agenda; correction, 60246 C1-23860 Personnel Personnel Management Office PROPOSED RULES Semi-annual agenda, 62473-62495 01-28070 Semi-annual agenda; correction, 60246 C1-28070 Presidio Presidio Trust PROPOSED RULES Semi-annual agenda, 62507-62509 01-25315 Semi-annual agenda; correction, 60246 C1-25315 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Centers for Disease Control and Prevention See Substance Abuse and Mental Health Services Administration Railroad Railroad Retirement Board PROPOSED RULES Semi-annual agenda, 62511-62515 01-23861 Semi-annual agenda; correction, 60246 C1-23861 Regulatory Regulatory Information Service Center PROPOSED RULES Introduction to Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions; 61125-61351 01-28099 Semi-annual agenda; correction, 60246 C1-28099 RUS Rural Utilities Service NOTICES Environmental statements; availability, etc.:

South Texas Electric Cooperative, Inc., 60183 01-29877 SEC Securities and Exchange Commission PROPOSED RULES Semi-annual agenda, 62743-62768 01-26035 Semi-annual agenda; correction, 60246 C1-26035 NOTICES Investment Company Act of 1940: Order applications— Mutual of America Life Insurance Co. et al., 60227-60230 01-29826 Self-regulatory organizations; proposed rule changes: International Securities Exchange LLC, 60230-60233 01-29828 01-29829 New York Stock Exchange, Inc., 60233-60234 01-29827 Selective Selective Service System PROPOSED RULES Semi-annual agenda, 62517-62518 01-23862 Semi-annual agenda; correction, 60246 C1-23862 SBA Small Business Administration PROPOSED RULES Semi-annual agenda, 62519-62529 01-23863 Semi-annual agenda; correction, 60246 C1-23863 NOTICES Disaster loan areas:

Florida, 60234 01-29807 Senior Executive Service: Performance Review Boards; membership, 60234 01-29833 Social Social Security Administration PROPOSED RULES Semi-annual agenda, 62531-52556 01-26034 Semi-annual agenda; correction, 60246 C1-26034 NOTICES Agency information collection activities: Proposed collection and submission for OMB review; comment request, 60234-60237 01-29848 State State Department PROPOSED RULES Semi-annual agenda, 61887-61896 01-27114 Semi-annual agenda; correction, 60246 C1-27114 NOTICES Art objects; importation for exhibition:

Korean Ceramics from the Fitzwilliam Museum, Cambridge, 60237 01-29999 Substance Substance Abuse and Mental Health Services Administration NOTICES Opioid treatment programs; accreditation organizations approval, 60215 01-29839 Surface Surface Transportation Board PROPOSED RULES Semi-annual agenda, 62769-62772 01-23876 Semi-annual agenda; correction, 60246 C1-23876 NOTICES Railroad services abandonment: Union Pacific Railroad Co., 60241-60242 01-29883 TVA Tennessee Valley Authority PROPOSED RULES Semi-annual agenda, 62557-62559 01-25316 Semi-annual agenda; correction, 60246 C1-25316 Trade Trade Representative, Office of United States NOTICES Reports and guidance documents; availability, etc.:

Foreign Trade Barriers; National Trade Estimate Report; comment request, 60237-60238 01-29979 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Surface Transportation Board RULES Supplemental standards of ethical conduct for Department employees; amendment, 60139-60140 01-29890 PROPOSED RULES Semi-annual agenda, 61897-62073 01-27743 Semi-annual agenda; correction, 60246 C1-27743 Treasury Treasury Department See Comptroller of the Currency See Fiscal Service PROPOSED RULES Semi-annual agenda, 62075-62179 01-27115 Semi-annual agenda; correction, 60246 C1-27115 Veterans Veterans Affairs Department RULES Board of Veterans Appeals:

Appeals regulations and rules of practice— Simultaneously contested claims, 60152-60153 01-29844 PROPOSED RULES Semi-annual agenda, 62181-62219 01-25309 Semi-annual agenda; correction, 60246 C1-25309 Separate Parts In This Issue Parts II through LXII The Unified Agenda of Federal Regulatory and Deregulatory Actions, 61125-62905 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.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 66 232 Monday, December 3, 2001 Rules and Regulations DEPARTMENT OF TRANSPORTATION 5 CFR Part 6001 RINs 2105-AD08, 3209-AA15 Supplemental Standards of Ethical Conduct for Employees of the Department of Transportation AGENCY: Department of Transportation.

ACTION: Final rule; amendment. SUMMARY: The Department of Transportation, with the concurrence of the Office of Government Ethics (OGE), amends the Supplemental Standards of Ethical Conduct for Employees of the Department of Transportation (Transportation Ethics Regulations). The amendment adds authority to waive the general prohibition against Federal Aviation Administration

(FAA)employees holding stock or other securities interests in airlines, aircraft manufacturing companies or suppliers of components or parts to those entities. The exercise of this waiver authority will be conditioned in each case upon a determination that the waiver is not inconsistent with the standards of ethical conduct for employees of the Executive Branch and that application of the general FAA prohibition is not necessary to avoid the appearance of misuse of position or loss of impartiality. EFFECTIVE DATE: December 3, 2001. FOR FURTHER INFORMATION CONTACT: William R. Register, Senior Ethics Counsel, Office of the General Counsel, Department of Transportation, Room 10102, Washington, DC 20590,

(202)366-9154; or John Walsh, Associate Chief Counsel for Ethics,

(202)366-4099, FAA General Law Division, 400 7th Street, SW., Washington, DC 20590. SUPPLEMENTARY INFORMATION: I. Background The Transportation Ethics Regulations were issued in 1996 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* 61 FR 39901-39904 (July 31, 1996), as codified at 5 CFR part 6001. The FAA-pertinent part of the Transportation Ethics Regulations, at 5 CFR 6001.104(b), generally prohibits FAA employees from holding any stock or other securities interest in an airline or aircraft manufacturing company, or in a supplier of components or parts to an airline or aircraft manufacturing company. The requirement prevents employees from taking actions that may violate conflict of interest laws or that may appear to do so. Exceptions to the general prohibition permit FAA employees to invest in certain mutual funds that hold the prohibited interests. *See* 5 CFR 6001.104(c). The FAA's experience has shown, however, that the absolute prohibition in the current regulation is not needed to preserve the integrity of FAA operations. Also, employees for whom a waiver may be granted will nevertheless be subject to the conflict of interest laws and ethics regulations that apply to all Federal employees. These laws and regulations prohibit employees from taking action in any matter affecting a company in which they have any stock or other financial interest unless a regulatory exemption or a written waiver is obtained. Therefore, an amendment is being adopted to include in the regulation waiver language such as has been used for years by other agencies. See, for example, the regulations of the Department of the Interior at 5 CFR 3501.104(b)(5). Under new § 6001.104(d), an agency designee, as defined in 5 CFR 6001.102, may grant a waiver from the regulatory restriction in § 6001.104(b) based on a determination that the waiver is not inconsistent with 5 CFR part 2635 or otherwise prohibited by law and that, under the particular circumstances, application of the restriction is not necessary to avoid the appearance of misuse of position or loss of impartiality and objectivity with which agency programs are administered. An FAA employee may be required under the waiver to disqualify himself from a particular matter or take other appropriate action. Initially, this new waiver authority will permit the FAA to consider a broader pool of applicants currently under consideration for temporary security positions at the nation's airports. In addition, the Department is revising the authority citation of the Transportation Ethics Regulations to add reference to 5 U.S.C. 7353 concerning restrictions on gifts to Federal employees. 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, and opportunity for public comment. The Department also finds that good cause exists for making this final rule effective immediately upon publication in the **Federal Register** . We make these findings 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 FAA 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. 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, nor is the rule significant as defined in DOT's Regulatory Policies and Procedures. Unfunded Mandates Reform Act of 1995 Determinations Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded Mandates Act) 1 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 (as adjusted for inflation) 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 FAA employees holding financial interests in aviation industry entities. 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 Unfunded Mandates Act does not apply to this rulemaking. 1 Pub. L. 104-4, 109 Stat. 48 (codified at 2 U.S.C. Chs. 17A-25) List of Subjects in 5 CFR Part 6001 Conflict of interests, Ethics, FAA employees, Government employees. Dated: November 21, 2001. Norman Y. Mineta, Secretary of Transportation. Approved: November 27, 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 6001 as follows: PART 6001—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION 1. The authority citation for part 6001 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); 49 U.S.C. 322; 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), 2635.807. 2. Section 6001.104 is amended by: a. Revising paragraph (b); b. Redesignating paragraph

(d)as paragraph (e); and c. Adding new paragraph (d). The revision and addition read as follows: § 6001.104 Prohibited financial interests.

(b)*Federal Aviation Administration (FAA).* Except as provided in paragraphs

(c)and

(d)of this section, no FAA employee, or spouse or minor child of the employee, may hold stock or have any other securities interest in an airline or aircraft manufacturing company, or in a supplier of components or parts to an airline or aircraft manufacturing company.

(d)*Waiver. * An agency designee may grant a written waiver from the prohibition contained in paragraph

(b)of this section, based on a determination that the waiver is not inconsistent with 5 CFR part 2635 or otherwise prohibited by law, and that, under the particular circumstances, application of the prohibition is not necessary to avoid the appearance of misuse of position or loss of impartiality, or otherwise to ensure confidence in the impartiality and objectivity with which FAA programs are administered. A waiver under this paragraph may be accompanied by appropriate conditions, such as requiring execution of a written statement of disqualification. Notwithstanding the granting of any waiver, an employee remains subject to the disqualification requirements of 5 CFR 2635.402 and 2635.502. [FR Doc. 01-29890 Filed 11-30-01; 8:45 am]

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