Unknown. Final rule
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/register/2002/09/19/02-23771A 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-2002-09-19.xml --- 67 182 Thursday, September 19, 2002 Contents Agriculture Agriculture Department See Cooperative State Research, Education, and Extension Service See Forest Service Air Force Air Force Department NOTICES Meetings: Scientific Advisory Board, 59054 02-23792 Alcohol Alcohol, Tobacco and Firearms Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 59094-59096 02-23750 02-23753 Army Army Department NOTICES Environmental statements; availability, etc.:
National Guard Training Center, Fort Indiantown Gap, PA; enhanced training and operations, 59054-59055 02-23797 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Proposed collection; comment request, 59061 02-23793 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities: Submission for OMB review; comment request; retraction, 59061 02-23769 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency RULES Debt cancellation contracts and debt suspension agreements; national bank standards, 58962-58978 02-23765 Cooperative Cooperative State Research, Education, and Extension Service NOTICES Meetings:
Agricultural research, extension, and education grant programs; stakeholders input; listening session, 59047-59048 02-24012 Defense Defense Department See Air Force Department See Army Department Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 59055-59056 02-23779 Privacy Act: Computer matching programs, 59056 02-23798 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Natural gas exportation and importation:
Multifuels, L.P., et al., 59057 02-23795 EPA Environmental Protection Agency RULES Air programs; State authority delegations: New Hampshire, 59001-59005 02-23728 Utah, 58998-59001 02-23378 Air quality planning purposes; designation of areas: California; correction, 59005-59006 02-23730 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Diflubenzuron, 59006-59017 02-23818 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 59017-59020 02-23586 Water pollution; effluent guidelines for point source categories:
Pulp, paper, and paperboard; bleached papergrade kraft and soda, 58990-58998 02-23741 PROPOSED RULES Air programs; State authority delegations: New Hampshire, 59034-59035 02-23729 Utah, 59034 02-23379 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 59035 02-23585 NOTICES Meetings: Gulf of Mexico Program Management Committee, 59058-59059 02-23806 Reports and guidance documents; availability, etc.: Metal finishing facility risk screening tool; technical documentation and user's guide, 59059 02-23807 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Class E airspace, 58982-58984 02-23832 02-23834 Class E airspace; correction, 58984 02-23831 PROPOSED RULES Airworthiness directives:
Hartzell Propeller Inc., 59026-59027 02-23777 Pratt & Whitney, 59027-59029 02-23776 Class D and Class E airspace, 59029-59030 02-23830 Class E airspace, 59030-59033 02-23829 NOTICES Agency information collection activities: Proposed collection; comment request, 59089 02-23835 FCC Federal Communications Commission PROPOSED RULES Common carrier services: Wireless telecommunications services— 71-76 GHz, 81-86 GHz, and 92-95 GHz bands allocations and service rules, 59036-59045 02-23426 Federal Election Federal Election Commission NOTICES Meetings;
Sunshine Act, 59059 02-23939 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Avista Corp. et al., 59057-59058 02-23774 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Jefferson, Rock, and Walworth Counties, WI, 59089-59090 02-23778 Federal Housing Federal Housing Finance Board RULES Affordable Housing Program; amendments, 58978-58982 02-23823 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:
Change in bank control, 59059-59060 02-23789 Formations, acquisitions, and mergers, 59060 02-23788 Fish Fish and Wildlife Service RULES Migratory bird hunting: Seasons, limits, and shooting hours; establishment, etc., 59109-59132 02-23803 NOTICES Agency information collection activities: Submission for OMB review; comment request, 59070-59072 02-23843 02-23844 Environmental statements; availability, etc.: Grand-White Lakes Land Bridge Protection Project, Cameron Parish, LA, 59072-59073 02-23794 Reports and guidance documents; availability, etc.:
Lower Fox River and Green Bay Area, WI; Joint Restoration Plan and Environmental Assessment; comment request, 59073-59074 02-23787 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Lassen County, 59048 02-23800 GSA General Services Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 59060-59061 02-23791 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES National Vaccine Injury Compensation Program:
Petitions received, 59061-59068 02-23796 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 59068-59069 02-23760 02-23761 Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent: Couer d’Alene Reservation, ID, 59074-59075 02-23842 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau NOTICES Meetings: U.S.
Coral Reef Task Force, 59069 02-23772 International International Trade Administration NOTICES Antidumping: Cased pencils from— China, 59048-59050 02-23822 Ferrovanadium from— South Africa, 59050-59051 02-23821 International International Trade Commission NOTICES Import investigations: Semiconductor timing signal generator devices, components, and products containing same, 59075-59076 02-23768 Tomatoes and peppers; U.S. imports monitoring, 59076-59077 02-23799 Trade agreements impact;
Tokyo Round, U.S.-Israel FTA, U.S.-Canada FTA, NAFTA, and Uruguay Round; effect on U.S. economy, 59077 02-23767 Justice Justice Department RULES Organization, functions, and authority delegations: Drug Enforcement Administration and Federal Bureau of Investigation, 58988-58990 02-23780 Labor Labor Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 59077-59078 02-23762 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— New Mexico, 59075 02-23775 Merit Merit Systems Protection Board RULES Practice and procedure:
Case suspension procedures, 58961-58962 02-23771 NASA National Aeronautics and Space Administration NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Intellimotion Systems Corp., 59078 02-23766 National Highway National Highway Traffic Safety Administration RULES Anthropomorphic test dummies: Occupant crash protection—- Hybrid III test dummies; 6-year-old child dummy; design and performance specifications; response to reconsideration petitions; correction, 59020-59024 02-23512 Motor vehicle safety standards:
Nonconforming vehicles; importation eligibility determinations; list, 59097-59106 02-23755 NOTICES Motor vehicle safety standards: Nonconforming vehicles— Importation eligibility; determinations, 59106-59107 02-23756 NOAA National Oceanic and Atmospheric Administration NOTICES Environmental statements; notice of intent: Western North Atlantic Coast; bottlenose dolphins; take reduction plan, 59051-59052 02-23840 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitions:
Union of Concerned Scientists; denied, 59025-59026 02-23812 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Agency information collection activities: Proposed collection; comment request, 59052-59054 02-23763 Submission for OMB review; comment request, 59054 02-23764 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Farm Safety and Health Week (Proc. 7592), 58957-58958 02-23998 National Hispanic Heritage Month (Proc. 7591), 58955-58956 02-23997 National Historically Black Colleges and Universities Week (Proc. 7593), 58959-58960 02-23999 Public Public Health Service See Centers for Disease Control and Prevention See Health Resources and Services Administration Railroad Railroad Retirement Board NOTICES Agency information collection activities:
Proposed collection; comment request, 59078 02-23770 Research Research and Special Programs Administration PROPOSED RULES Pipeline safety: Hazardous liquid transportation— Hazardous liquid pipeline operator annual report form, 59045-59046 02-23837 NOTICES Hazardous materials: Applications; exemptions, renewals, etc., 59090-59092 02-23838 02-23839 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— Mexico Fund, Inc., 59079-59082 02-23783 TCW Convertible Securities Fund, Inc., 59082-59084 02-23815 Self-regulatory organizations; proposed rule changes:
Boston Stock Exchange, Inc., 59084-59086 02-23814 State State Department RULES International Traffic in Arms regulations: U.S. Munitions List; amendments, 58984-58988 02-23715 NOTICES Senior Executive Service: Performance Review Board; membership, 59086 02-23810 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Bangor & Aroostook Railroad Co. et al., 59092 02-23697 Trade Trade Representative, Office of United States NOTICES World Trade Organization:
Doha development agenda negotiations; market access; comment request and hearing, 59086-59089 02-23846 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Comptroller of the Currency NOTICES Agency information collection activities:
Submission for OMB review; comment request, 59092-59094 02-23781 02-23782 Veterans Veterans Affairs Department PROPOSED RULES Disabilities rating schedule: Tinnitus, 59033-59034 02-23784 NOTICES Meetings: Former Prisoners of War Advisory Committee, 59096 02-23786 Geriatrics and Gerontology Advisory Committee, 59096 02-23785 Separate Parts In This Issue Part II Transportation Department, National Highway Traffic Safety Administration, 59097-59107 02-23755 02-23756 Part III Interior Department, Fish and Wildlife Service, 59109-59132 02-23803 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. 67 182 Thursday, September 19, 2002 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Part 1201 Practices and Procedures AGENCY: Merit Systems Protection Board. ACTION: Final rule. SUMMARY: The Merit Systems Protection Board (MSPB or the Board) is amending its practices and procedures regulations at 5 CFR Part 1201 by adding a new section to permit suspension of a case for up to 60 days to allow the parties to pursue discovery or settlement.
EFFECTIVE DATE: September 19, 2002. FOR FURTHER INFORMATION CONTACT: Bentley M. Roberts, Jr., Clerk of the Board, Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419;
(202)653-7200; fax:
(202)653-7130; or email: mspb@mspb.gov. SUPPLEMENTARY INFORMATION: This amendment to the Board's rules of practice and procedure resulted from the successful implementation of a pilot program. In November 1999, the Merit Systems Protection Board
(MSPB)established a pilot program to allow appellants and agencies up to 60 days additional time to pursue discovery and settlement efforts in pending initial appeals. The pilot program was initiated, in part, in response to concerns raised by Board practitioners that the 120-day time limit for adjudicating appeals prevented the parties from conducting the discovery they believed necessary to prevail on appeal. The pilot program simplified the process for obtaining a suspension of case processing to accommodate parties before the Board. Under the pilot program, the presiding judge was authorized to grant a 30-day suspension of case processing to parties who jointly requested the additional time. A second 30-day suspension was granted if the parties agreed that additional time was necessary. Parties were not required to provide evidence and argument to support a joint request for additional time, so long as the request was made early in the proceedings. The Board believes that the pilot program has been successful in addressing the concerns regarding adequate time to conduct discovery and in facilitating settlement of complex cases. The Board announced this amendment as an interim rule at 67 FR 3811 (Jan. 28, 2002). The Board received comments from one practitioner and one agency representative. After careful consideration of the comments received, the Board is adopting the interim rule with minor amendments. The comments and the Board's responses are as follows: 1. One commenter suggested that administrative judges be given the discretion to grant belatedly filed requests for extensions. The substance of this recommendation was already covered by the regulation, which provides, at paragraph (d), for the judge to “consider” any requests “that are filed after the time limit set forth in paragraph
(c)of this section.” We believe that this paragraph provides a sufficiently clear grant of discretion to administrative judges to approve “belated” requests. 2. One commenter suggested that the regulations be amended to permit case suspensions for any reason. This recommendation was not adopted. The reason for granting the request to suspend case processing should have some rational relationship to furthering the interests of the parties (fairness, due process, etc.) in the specific matter before the Board and the Board's effective adjudication of cases, while avoiding the encouragement of frivolous requests for case suspensions. 3. One commenter suggested that the regulations be amended to provide that a request that is not based on the need for additional discovery or the desire to pursue settlement be treated as a request for a continuance or for a dismissal without prejudice to refile the appeal. Under this provision, the request for a dismissal without prejudice would not require the appellant's approval. This recommendation was not adopted as the Board believes that these procedures should remain separate. Continuances and dismissals without prejudice are already generally provided for by the Board's regulations and case law, and need not be addressed here. The section 1201.28 process is intentionally limited to the two purposes named. The suggestion that dismissals without prejudice not require the appellant's assent runs counter to the Board's policy of avoiding unnecessary impediments to an appellant's pursuit of an appeal. 4. One commenter suggested that the regulations be amended to provide that the 120-day clock begin anew from the termination of the suspension. This recommendation was not adopted. The procedure established under section 1201.28 is called a “suspension,” which means that the adjudication clock is temporarily stopped, not that it is re-set. 5. One commenter stated that the proposed regulations are unnecessary and will cause pointless delays. Contrary to the view expressed by this commenter, numerous agency representatives and Board practitioners have expressed the view that this procedure has been very helpful. The extent of the favorable reviews is the basis for the Board's decision to institute this procedure as a permanent component of its adjudicatory process. 6. One commenter suggested that the parties should be required to comply with a more formal system for filing a request, including a requirement that both parties file the request, describe settlement efforts, and explain the reasons for the request. This recommendation was not adopted. The regulation contemplates that the parties will specify that the request is being made for one of the reasons described in the regulation. If the request is made jointly, the administrative judge should not have to second-guess the parties on their need for additional time. If it is made unilaterally, the administrative judge is given discretion to grant or deny the request. He or she can weigh the party's or parties' arguments and rule accordingly. Since there is no requirement that settlement efforts reach any particular point for a suspension to be granted, an outline of settlement efforts would not be helpful. 7. One commenter suggested that the Board establish evidentiary requirements to support requests for 30-day extensions. This recommendation was not adopted. The aim of this regulation is to encourage the parties to complete discovery or work amicably to reach a speedy settlement or other resolution of the matter. To require the parties to provide evidence and argument to support a joint request would add another matter for review and undermine this objective. 8. One commenter suggested that the regulations should specify the limit on the amount of time the judge may grant for a unilateral request for extension of time to pursue discovery. This recommendation was adopted. Changes were made to paragraph
(b)to specify a 30-day limit on the amount of time the judge may grant for a unilateral request. For the sake of consistency, similar modifications were made to paragraph
(d)regarding untimely requests. 9. One commenter suggested that paragraph (e), the provision governing early termination of the suspension period, is confusing and requires clarification. The first part of the comment states that a settlement agreement would automatically terminate the suspension. This observation is accurate but not relevant to the provision, which provides for the termination of the suspension only when the administrative judge's extensive involvement in the appeal will be needed. As to the remaining concerns expressed, the point of the regulation is that the case should remain suspended only as long as settlement and/or discovery efforts without the administrative judge's intervention are likely to be helpful in the resolution of the appeal, which for the time being is not being adjudicated. Adjudication would resume if the process no longer serves those ends. If an administrative judge must be extensively involved in the process, then by definition, the matter is no longer suspended, but rather is under active consideration by the administrative judge and has re-entered the adjudication process. List of Subjects in 5 CFR Part 1201 Administrative practice and procedure, Civil rights, Government employees. Accordingly, the Board adopts as final the interim rule published on January 28, 2002 (67 FR 3811), with the following change: PART 1201—[AMENDED] 1. The authority citation for part 1201 continues to read as follows: Authority: 5 U.S.C. 1204 and 7701, unless otherwise noted. 2. In § 1201.28, paragraph
(d)is revised to read as follows: § 1201.28 Case suspension procedures
(d)*Untimely requests.* The judge may consider requests for initial suspensions that are filed after the time limit set forth in paragraph
(c)of this section. Such requests for additional time (up to 30 days for initial suspensions and a 30-day extension, as provided in paragraph
(a)of this section) may be granted at the discretion of the judge. Dated: September 13, 2002. Bentley M. Roberts, Jr., Clerk of the Board. [FR Doc. 02-23771 Filed 9-18-02; 8:45 am]
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