This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

55331

Vol. 62, No. 206

Friday, October 24, 1997

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket Nos. 95N–0245, 95N–0282, and

95N–0347]

RIN 0910–AA59

Food Labeling; Nutrient Content

Claims: Definition for ‘‘High Potency’’

and Definitions of ‘‘Antioxidant’’ for

Use in Nutrient Content Claims for

Dietary Supplements and Conventional

Foods; Correction

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule; correction.

SUMMARY: The Food and Drug

Administration (FDA) is correcting a

final rule that appeared in the Federal

Register of September 23, 1997 (62 FR

49868). The document amended the

agency regulations to: Define the term

‘‘high potency’’ as a nutrient content

claim; define nutrient content claims

using the term ‘‘antioxidant’’ (e.g.,

‘‘good source of antioxidants,’’ ‘‘high in

antioxidants,’’ ‘‘more antioxidants’’);

and to correct an omission pertaining to

the use of ‘‘sugar free’’ claims on dietary

supplements. The document was

published with an incorrect RIN

number. This document corrects that

error.

EFFECTIVE DATE: March 23, 1999.

FOR FURTHER INFORMATION CONTACT:

Camille E. Brewer, Center for Food

Safety and Applied Nutrition (HFS–

165), Food and Drug Administration,

200 C St. SW., Washington, DC 20204,

202–205–5483.

In FR Doc. 97–24732, appearing on

page 49868 in the Federal Register of

Tuesday, September 23, 1997, the

following correction is made:

1. On page 49868, in the first

column, in the heading, ‘‘RIN 0905–

AD96’’ is corrected to read ‘‘RIN 0910–

AA59’’.

Dated: October 17, 1997.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 97–28224 Filed 10–23–97; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 181

RIN 1076–AD82

Indian Highway Safety Program

Competitive Grant Selection Criteria

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Final rule.

SUMMARY: The Bureau of Indian Affairs

(BIA) intends to make funds available to

federally recognized tribes on an annual

basis for the purpose of financing tribal

highway safety projects designed to

reduce the incidence of traffic accidents

within Indian country. Due to the

limited funding available for the Indian

Highway Safety Program, the BIA will

review and select from proposed tribal

projects on a competitive basis. This

final rule addresses the selection

criteria.

EFFECTIVE DATE: November 24, 1997.

FOR FURTHER INFORMATION CONTACT:

Mr. Charles Jaynes, Chief, BIA Division

of Safety Management, (505) 248–5060.

SUPPLEMENTARY INFORMATION: This rule

was published as a proposed rule for

comment on May 16, 1997 (62 FR

27000). No written comments were

received. Accordingly, the proposed

rule is published as the final rule

without changes.

This rule is published under the

authority delegated by the Secretary of

the Interior to the Assistant Secretary—

Indian Affairs by 209 DM 8.

The Department of the Interior has

certified to the Office of Management

and Budget (OMB) that this final rule

meets the applicable standards provided

in sections 3(a) and 3(b)(2) of Executive

Order 12988. This rule is not a

significant rule under Executive Order

12866 and does not require approval by

the OMB. This rule does not constitute

a major Federal action significantly

affecting the human environment and,

therefore, no detailed statement is

needed under the National

Environmental Policy Act of 1969.

Furthermore, this rule does not have

significant takings implications in

accordance with Executive Order 12630,

does not have significant Federalism

effects, and does not have a significant

economic impact of a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.).

Unfunded Mandates Reform Act of

1995

This final rule imposes no unfunded

mandates on any governmental or

private entity and is in compliance with

the provisions of the Unfunded

Mandates Reform Act of 1995.

Paperwork Reduction Act of 1995

Under 23 U.S.C. 402, the Department

of Transportation (DOT) funds both the

DOT State Highway Safety Program and

the BIA Indian Highway Safety Program.

The information contained in each grant

application under both programs is

identical. The Indian Highway Safety

Program competitive grant application

solicits only the information DOT

requires for its State Highway Safety

Program and uses it for substantially the

same purpose of awarding Highway

Safety Program funds to applicants.

OMB has reviewed and approved the

information collection requirements for

the DOT State Highway Safety Program.

No additional OMB authorization is

needed.

List of Subjects in 25 CFR Part 181

Indians, Highways and roads,

Highway safety.

For the reasons set forth in the

preamble, a new part 181 is added to

subchapter H of title 25 of the Code of

Federal Regulations as follows.

PART 181—INDIAN HIGHWAY SAFETY

PROGRAM

Sec.

181.1 Purpose.

181.2 Definitions.

181.3 Am I eligible to receive a program

grant?

181.4 How do I obtain an application?

181.5 How are applications ranked?

181.6 How are applicants informed of the

results?

181.7 Appeals.
55332 Federal Register / Vol. 62, No. 206 / Friday, October 24, 1997 / Rules and Regulations

Authority: 23 U.S.C. 402; 25 U.S.C. 13.

§ 181.1 Purpose.

This part will assist the BIA Indian

Highway Safety Program Administrator

to disperse funds DOT/NHTSA has

made available. The funds assist

selected tribes with their proposed

Highway Safety Projects. These projects

are designed to reduce traffic crashes,

reduce impaired driving crashes,

increase occupant protection education,

provide Emergency Medical Service

training, and increase police traffic

services.

§ 181.2 Definitions.

Appeal means a written request for

review of an action or the inaction of an

official of the BIA that is claimed to

adversely affect the interested party

making the request.

Applicant means an individual or

persons on whose behalf an application

for assistance and/or services has been

made under this part.

Application means the process

through which a request is made for

assistance or services.

Grant means a written agreement

between the BIA and the governing

body of an Indian tribe or Indian

organization wherein the BIA provides

funds to the grantee to plan, conduct, or

administer specific programs, services,

or activities and where the

administrative and programmatic

provisions are specifically delineated.

Grantee means the tribal governing

body of an Indian tribe or Board of

Directors of an Indian organization

responsible for grant administration.

Recipient means an individual or

persons who have been determined as

eligible and are receiving financial

assistance or services under this part.

§ 181.3 Am I eligible to receive a program

grant?

The Indian Highway Safety Program

grant is available to any federally

recognized tribe. Because of the limited

financial resources available for the

program, the Bureau of Indian Affairs

(BIA) is unable to award grants to all

applicants. Furthermore, some grant

recipients may only be awarded a grant

to fund certain aspects of their proposed

tribal projects.

§ 181.4 How do I obtain an application?

BIA mails grant application packages

for a given fiscal year to all federally

recognized tribes by the end of February

of the preceding fiscal year. Additional

application packages are available from

the Program Administrator, Indian

Highway Safety Program, P.O. Box 2003,

Albuquerque, New Mexico 87103. Each

application package contains the

necessary information concerning the

application process, including format,

content, and filing requirements.

§ 181.5 How are applications ranked?

BIA ranks each timely filed

application by assigning points based

upon four factors.

(a) Factor No. 1—Magnitude of the

problem (Up to 50 points available). In

awarding points under this factor, BIA

will take into account the following:

(1) Whether a highway safety problem

exists.

(2) Whether the problem is

significant.

(3) Whether the proposed tribal

project will contribute to resolution of

the identified highway safety problem.

(4) The number of traffic accidents

occurring within the applicant’s

jurisdiction over the previous 3 years.

(5) The number of alcohol-related

traffic accidents occurring within the

applicant’s jurisdiction over the

previous 3 years.

(6) The number of reported traffic

fatalities occurring within the

applicant’s jurisdiction over the

previous 3 years.

(7) The number of reported alcoholrelated traffic fatalities occurring within

the applicant’s jurisdiction over the

previous 3 years.

(b) Factor No. 2—Countermeasure

selection (Up to 40 points available). In

awarding points under this factor, BIA

will take into account the following:

(1) Whether the countermeasures

selected are the most effective for the

identified highway safety problem.

(2) Whether the countermeasures

selected are cost effective.

(3) Whether the applicant’s objectives

are realistic and attainable.

(4) Whether the applicant’s objectives

are time framed and, if so, whether the

time frames are realistic and attainable.

(c) Factor No. 3—Tribal Leadership

and Community Support (Up to 10

points available). In awarding points

under this factor, BIA will take into

account the following:

(1) Whether the applicant proposes

using tribal resources in the project.

(2) Whether the appropriate tribal

governing body supports the proposal

plan, as evidenced by a tribal resolution

or otherwise.

(3) Whether the community supports

the proposal plan, as evidenced by

letters or otherwise.

(d) Factor No. 4—Past Performance (+

or ¥10 points available). In awarding

points under this factor, BIA will take

into account the following:

(1) Financial and programmatic

reporting requirements.

(2) Project accomplishments.

§ 181.6 How are applicants informed of the

results?

BIA will send a letter to all applicants

notifying them of their selection or nonselection for participation in the Indian

Highway Safety Program for the

upcoming fiscal year. BIA will explain

to each applicant not selected for

participation the reason(s) for nonselection.

§ 181.7 Appeals.

You may appeal actions taken by BIA

officials under this part by following the

procedures in 25 CFR part 2.

Dated: October 9, 1997.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–28010 Filed 10–23–97; 8:45 am]

BILLING CODE 4310–02–P

FEDERAL MINE SAFETY AND HEALTH

REVIEW COMMISSION

29 CFR Part 2702

Regulations Implementing the

Freedom of Information Act

AGENCY: Federal Mine Safety and Health

Review Commission (Commission).

ACTION: Final rulemaking.

SUMMARY: The Federal Mine Safety and

Health Review Commission is revising

its regulations implementing the

Freedom of Information Act (FOIA), to

reflect recent changes to the FOIA as a

result of the Electronic Freedom of

Information Act Amendments of 1996.

This revision also implements certain

changes in the manner in which FOIA

requests are processed by the

Commission, and in the rates charged to

certain categories of requesters for time

spent by Commission employees

searching for and reviewing documents.

DATES: This rule is effective October 24,

1997.

FOR FURTHER INFORMATION CONTACT:

Norman Gleichman, General Counsel,

Federal Mine Safety and Health Review

Commission, 1730 K Street, NW., 6th

Floor, Washington DC 20006–3867,

telephone (202) 653–5610, FAX (202)

653–5030; or Richard L. Baker,

Executive Director, Federal Mine Safety

and Health Review Commission, 1730 K

Street, NW., 6th Floor, Washington DC

20006–3867, telephone (202) 653–5625,

FAX (202) 653–5030.

SUPPLEMENTARY INFORMATION:

I. Background

On October 2, 1996, the President

signed into law the Electronic Freedom

of Information Act Amendments of 1996