Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Proposed Rules 66659

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Bombardier, Inc. (Formerly de Havilland,

Inc.): Docket 2000–NM–102–AD.

Applicability: Model DHC–8–100, –200,

and –300 series airplanes having serial

numbers 003 through 540 inclusive,

certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (d) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent contact between the nuts of the

Wiggins fuel couplers and the stiffener on the

access panel of the upper surface of the right

wing, which could compromise the lightning

protection of the fuel tank of the right wing

in the event of a lightning strike, and could

result in possible fuel tank explosion,

accomplish the following:

General Visual or X-ray Inspection

(a) Within 90 days after the effective date

of this AD: Perform a one-time general visual

or x-ray inspection to determine the

orientation of the Wiggins fuel couplers of

the fuel tank vent line and scavenge line in

the right wing at station 249, in accordance

with Part A of the Accomplishment

Instructions of Bombardier Alert Service

Bulletin A8–28–32, dated January 14, 2000.

Action for Airplanes Having Correctly

Oriented Fuel Couplers

(b) For airplanes on which the orientation

of all Wiggins fuel couplers is found to be

correct, as specified in Bombardier Alert

Service Bulletin A8–28–32, dated January 14,

2000: Within 5,000 flight hours after the

effective date of this AD, rework the stiffener

on the access panel of the upper surface of

the right wing in accordance with Part B of

the Accomplishment Instructions of the alert

service bulletin.

Note 2: For the purposes of this AD, a

general visual inspection is defined as: ‘‘A

visual examination of an interior or exterior

area, installation, or assembly to detect

obvious damage, failure, or irregularity. This

level of inspection is made under normally

available lighting conditions such as

daylight, hangar lighting, flashlight, or droplight, and may require removal or opening of

access panels or doors. Stands, ladders, or

platforms may be required to gain proximity

to the area being checked.’’

Actions for Airplanes Having an Incorrectly

Oriented Fuel Coupler

(c) For airplanes on which the orientation

of any Wiggins fuel coupler is incorrect, as

specified in Bombardier Alert Service

Bulletin A8–28–32, dated January 14, 2000:

Prior to further flight, remove the incorrectly

oriented Wiggins fuel coupler, and perform a

one-time detailed visual inspection to detect

damage of the fuel coupler, in accordance

with Part A of the Accomplishment

Instructions of the alert service bulletin.

Note 3: For the purposes of this AD, a

detailed visual inspection is defined as: ‘‘An

intensive visual examination of a specific

structural area, system, installation, or

assembly to detect damage, failure, or

irregularity. Available lighting is normally

supplemented with a direct source of good

lighting at intensity deemed appropriate by

the inspector. Inspection aids such as mirror,

magnifying lenses, etc., may be used. Surface

cleaning and elaborate access procedures

may be required.’’

(1) If no damage is found: Prior to further

flight, reinstall the Wiggins fuel coupler in

the correct orientation, as specified in the

alert service bulletin, and rework the stiffener

on the access panel of the upper surface of

the right wing, in accordance with Part B of

the Accomplishment Instructions of the alert

service bulletin. No further action is required

by this AD.

(2) If any damage is found, prior to further

flight, blend out the damage and perform a

detailed visual inspection of the fuel coupler

for cracks, in accordance with the alert

service bulletin.

(i) If no crack is found, and blending CAN

be accomplished to meet the limits specified

in the Accomplishment Instructions of the

alert service bulletin: Prior to further flight,

reinstall the Wiggins fuel coupler in the

correct orientation, as specified in the alert

service bulletin, and rework the stiffener on

the access panel of the upper surface of the

right wing, in accordance with Part B of the

Accomplishment Instructions of the alert

service bulletin. No further action is required

by this AD.

(ii) If any crack is found, or if blending

CANNOT be accomplished to meet the limits

specified in the Accomplishment

Instructions of the alert service bulletin: Prior

to further flight, replace the Wiggins fuel

coupler with a new or serviceable coupler in

the correct orientation, as specified in the

alert service bulletin, and rework the stiffener

on the access panel of the upper surface of

the right wing, in accordance with Part B of

the Accomplishment Instructions of the alert

service bulletin. No further action is required

by this AD.

Alternative Methods of Compliance

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, New York

Aircraft Certification Office (ACO), FAA.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, New York ACO.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

Special Flight Permits

(e) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Note 5: The subject of this AD is addressed

in Canadian airworthiness directive CF–

2000–05, dated February 28, 2000.

Issued in Renton, Washington, on

November 1, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–28481 Filed 11–06–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

National Institute of Standards and

Technology

14 CFR Part 285

[Docket No. 000831249–0249–01]

RIN 0693–ZA39

National Voluntary Laboratory

Accreditation Program; Operating

Procedures

AGENCY: National Institute of Standards

and Technology, Commerce.

ACTION: Notice of proposed rulemaking:

request for comments.

SUMMARY: The Director of the National

Institute of Standards and Technology

(NIST), United States Department of

Commerce, requests comments on

proposed amendments to regulations

pertaining to the operation of the

National Voluntary Laboratory

Accreditation Program (NVLAP). NIST

proposes to revise the NVLAP

procedures to ensure continued

consistency with international

standards and guidelines currently set

forth in the International Organization

for Standardization (ISO)/International

Electrotechnical Commission (IEC)

17025:1999, General requirements for

the competence of testing and

calibration laboratories, and ISO/IEC

Guide 58:1993, Calibration and testing

laboratory accreditation systems—

General requirements for operation and

recognition, thereby facilitating and

promoting acceptance of test and

calibration results between countries to

avoid barriers to trade. Provisions in

this regard will facilitate cooperation

between laboratories and other bodies,

assist in the exchange of information

66660 Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Proposed Rules

and experience and in the

harmonization of standards and

procedures, and establish the basis for

national and international mutual

recognition arrangements.

In addition, NIST proposes to

reorganize and simplify part 285 for

ease of use and understanding. While

the existing regulations accurately set

forth the NVLAP procedures, the

regulations themselves are complex and

difficult to understand. In an effort to

simplify the format and make the

regulations more user friendly, NIST

proposes to rewrite in plain English and

consolidate sections previously

contained in subparts A through C of

part 285.

DATES: Submit comments on or before

January 8, 2001.

ADDRESSES: Address all comments

concerning this proposed rule to David

F. Alderman, Chief, National Voluntary

Laboratory Accreditation Program,

National Institute of Standards and

Technology, 100 Bureau Drive, Stop

2140, Gaitehrsburg, MD 20899–2140.

FOR FURTHER INFORMATION CONTACT:

David F. Alderman, Chief, National

Voluntary Laboratory Accreditation

Program, 301–975–4016.

SUPPLEMENTARY INFORMATION:

Background

Part 285 of title 15 of the Code of

Federal Regulations sets out procedures

and general requirements under which

the National Voluntary Laboratory

Accreditation Program (NVLAP)

operates as an unbiased third party to

accredit both testing and calibration

laboratories.

The NVLAP procedures were first

published in the Federal Register as

part 7 of title 15 of the Code of Federal

Regulations (CFR) (41 FR 8163,

February 25, 1976). On June 2, 1994, the

procedures were redesignated as part

285 of title 15 of the CFR, expanded to

include accreditation of calibration

laboratories, and updated to be

compatible with conformity assurance

and assessment concepts, including the

provisions contained in ISO/IEC Guide

25:1990, General requirements for the

competence of calibration and testing

laboratories (59 FR 22742, May 3, 1994).

Description and Explanation of

Proposed Changes

The National Institute of Standards

and Technology proposes to revise 15

CFR Part 285 to ensure continued

consistency with international

standards and guidelines. At this time,

the management and technical

requirements of the new standard, ISO/

IEC 17025:1999, General requirements

for the competence of testing and

calibration laboratories, and the

internationally accepted requirements

for accrediting bodies, including those

found in ISO/IEC Guide 58:1993,

Calibration and testing laboratory

accreditation systems—General

requirements for operation and

recognition, are applicable; however,

the proposed revisions include

provisions allowing for updated

versions and replacements of these

documents. ISO/IEC 17025:1999

supersedes and replaces ISO/IEC Guide

25:1990, upon which the current

NVLAP accreditation criteria are based.

In addition, NIST proposes to

reorganize the simplify part 285 for ease

of use and understanding. While the

existing regulations accurately set forth

the NVLAP procedures, the regulations

themselves are complex and difficult to

understand. In an effort to simplify the

format and make the regulations more

user friendly, NIST proposes to rewrite

in plain English and consolidate

sections previously contained in

subparts A through C of part 285. Since

the consolidated format does not require

subparts, NIST proposes to remove

subparts A through C. The removal of

these subparts will not alter the

operations of NVLAP, but will promote

ease of use and facilitate understanding

of the program’s operations.

To ensure continued consistency with

applicable international standards and

guidelines, NIST proposes to remove

subpart D, Conditions and Criteria for

Accreditation, and to apply the

conditions and criteria contained in the

applicable internationally accepted

documents as they are revised from time

to time, as set forth in new section

285.14, Criteria for Accreditation.

Request for Comments

The Director of the National Institute

of Standards and Technology, United

States Department of Commerce,

requests comments on proposed

changes to regulations found at 15 CFR

Part 285 pertaining to the National

Voluntary Laboratory Accreditation

Program.

Persons interested in commenting on

the proposed regulations should submit

their comments in writing to the above

address. All comments received in

response to this notice will become part

of the public record and will be

available for inspection and copying at

the Department of Commerce Central

Reference and Records Inspection

Facility, room 6022, 14th and

Constitution Ave. NW, Washington, DC

20230.

Classification Section

Paperwork Reduction Act

This proposed rule contains

information collection requirements

subject to the Paperwork Reduction Act.

The collection has been forwarded to

the Office of Management and Budget

(OMB) for approval under the Act.

Notwithstanding any other provision of

the law, no person is required to

respond to, nor shall any person be

subject to a penalty for failure to comply

with, no collection of information

subject to the requirements of the Act,

Unless that collection of information

displays a currently valid OMB control

number. The information collected will

be used by NVLAP to help assess

laboratory compliance with the

applicable criteria. Responses to the

collection of information are required

for a laboratory to be considered for

NVLAP accreditation. Confidentiality of

the information submitted will be

handled in accordance with § 285.2 of

this proposed rule. It is estimated that

the annual public burden for the

collection will average 2.75 hours per

response, including the time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information. Send comments

regarding this burden estimate or any

other aspect of this collection of

information, including suggestions for

reducing this burden, to the Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Washington, DC, 20503 (Attention:

NIST Desk Officer).

Executive Order 12866

This notice has been determined to be

not significant for purposes of Executive

Order 12866.

Regulatory Flexibility Act

The Chief Counsel for Regulation of

the Department of Commerce has

certified to the Chief Counsel for

Advocacy of the Small Business

Administration that this rule will not

have a significant economic impact on

a substantial number of small entities

for the following reasons: (1) the

regulation is procedural and has no

impact on any entity unless that entity

chooses to participate, in which case,

the cost to any participant is the same,

small cost ($500/application; other

associated costs cannot be projected

because they are dependent upon in

which LAP an entity is participating,

and in some cases LAPs have not yet

been established) for any size

participant; (2) access to NVLAP’s

Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Proposed Rules 66661

accreditation system is not conditional

upon the size of a laboratory or

membership of any association or group,

nor are there undue financial conditions

to restrict participation; and (3) the

technical components of NVLAP, that

is, the specific technical criteria that

individual laboratories are accredited

against, are not significantly changed by

this proposal.

List of Subjects in 15 CFR Part 285

Laboratories, Measurement standards,

Reporting and recordkeeping

requirements, Voluntary standards

Dated: October 30, 2000.

Karen H. Brown,

Deputy Director.

For reasons set forth in the preamble,

it is proposed that 15 CFR. chapter II, be

amended by revising part 285 to read as

follows:

PART 285—NATIONAL VOLUNTARY

LABORATORY ACCREDITATION

PROGRAM

Sec.

285.1 Purpose.

285.2 Confidentiality.

285.3 Referencing NVLAP accreditation.

285.4 Establishment of laboratory

accreditation programs (LAPs) within

NVLAP.

285.5 Termination of a LAP.

285.6 Application for accreditation.

285.7 Assessment.

285.8 Proficiency testing.

285.9 Granting accreditation.

285.10 Renewal of accreditation.

285.11 Changes to scope of accreditation.

285.12 Monitoring visits.

285.13 Denial, suspension, revocation or

termination of accreditation.

285.14 Criteria for accreditation.

285.15 Obtaining documents.

Authority: 15 U.S.C. 272 et seq.

§ 285.1 Purpose.

The purpose of Part 285 is to set out

procedures and general requirements

under which the National Voluntary

Laboratory Accreditation Program

(NVLAP) operates as an unbiased third

party to accredit both testing and

calibration laboratories. Supplementary

technical and administrative

requirements are provided in supporting

handbooks and documents as needed,

depending on the criteria established for

specific Laboratory Accreditation

Programs (LAPs).

§ 285.2 Confidentiality.

To the extent permitted by applicable

laws, NVLAP will protect the

confidentiality of all information

obtained relating to the application, onsite assessment, proficiency testing,

evaluation, and accreditation of

laboratories.

§ 285.3 Referencing NVLAP accreditation.

The term NVLAP (represented by the

NVLAP logo) is a federally registered

certification mark of the National

Institute of Standards and Technology

and the federal government, who retain

exclusive rights to control the use

thereof. Permission to use the term and/

or logo is granted to NVLAP-accredited

laboratories for the limited purposes of

announcing their accredited status, and

for use on reports that describe only

testing and calibration within the scope

of accreditation. NIST reserves the right

to control the quality of the use of the

term NVLAP and of the logo itself.

§ 285.4 Establishment of laboratory

accreditation programs (LAPs) within

NVLAP.

NVLAP establishes LAPs in response

to legislative actions or to requests from

private sector entities and government

agencies. For legislatively mandated

LAPs, NVLAP shall establish the LAP.

For requests from private sector entities

and government agencies, the Chief of

NVLAP shall analyze each request, and

after consultation with interested parties

through public workshops and other

means shall establish the requested LAP

if the Chief of NVLAP determines there

is need for the requested LAP.

§ 285.5 Termination of a LAP.

(a) The Chief of NVLAP may

terminate a LAP when he/she

determines that a need no longer exists

to accredit laboratories for the services

covered under the scope of the LAP. In

the event that the Chief of NVLAP

proposes to terminate a LAP, a notice

will be published in the Federal

Register setting forth the basis for that

determination.

(b) When a LAP is terminated, NVLAP

will no longer grant or renew

accreditations following the effective

date of termination. Accreditations

previously granted shall remain

effective until their expiration date

unless terminated voluntarily by the

laboratory or revoked by NVLAP.

Technical expertise will be maintained

by NVLAP while any accreditation

remains effective.

§ 285.6 Application for accreditation.

A laboratory may apply for

accreditation in any of the established

LAPs. The applicant laboratory shall

provide a completed application to

NVLAP, pay all required fees and agree

to certain conditions as set forth in the

NVLAP Application for Accreditation,

and provide a quality manual to NVLAP

(or a designated NVLAP assessor) prior

to the assessment process.

§ 285.7 Assessment.

(a) Frequency and scheduling. Before

initial accreditation, during the first

renewal year, and every two years

thereafter, an on-site assessment of each

laboratory is conducted to determine

compliance with the NVLAP criteria.

(b) Assessors. NVLAP shall select

qualified assessors to evaluate all

information collected from an applicant

laboratory pursuant to § 285.6 of this

part and to conduct the assessment on

its behalf at the laboratory and any other

sites where activities to be covered by

the accreditation are performed.

(c) Conduct of assessment. (1)

Assessors use checklists provided by

NVLAP so that each laboratory receives

an assessment comparable to that

received by others.

(2) During the assessment, the

assessor meets with management and

laboratory personnel, examines the

quality system, reviews staff

information, examines equipment and

facilities, observes demonstrations of

testing or calibrations, and examines

tests or calibration reports.

(3) The assessor reviews laboratory

records including resumes, job

descriptions of key personnel, training,

and competency evaluations for all staff

members who routinely perform, or

affect the quality of the testing or

calibration for which accreditation is

sought. The assessor need not be given

information which violates individual

privacy, such as salary, medical

information, or performance reviews

outside the scope of the accreditation

program. The staff information may be

kept in the laboratory’s official

personnel folders or separate folders

that contain only the information that

the NVLAP assessor needs to review.

(4) At the conclusion of the

assessment, the assessor conducts an

exit briefing to discuss observations and

any deficiencies with the authorized

representative who signed the NVLAP

application and other responsible

laboratory staff.

(d) Assessment report. At the exit

briefing, the assessor submits a written

report on the compliance of the

laboratory with the accreditation

requirements, together with the

completed checklists, where

appropriate.

(e) Deficiency notification and

resolution. (1) Laboratories are informed

of deficiencies during the on-site

assessment, and deficiencies are

documented in the assessment report

(see paragraph (d) of this section).

66662 Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Proposed Rules

(2) A laboratory shall, within thirty

days of the date of the assessment

report, provide documentation that the

specified deficiencies have either been

corrected and/or a plan of corrective

actions as described in the NVLAP

handbooks.

(3) If substantial deficiencies have

been cited, NVLAP may require an

additional on-site assessment, at

additional cost to the laboratory, prior to

granting accreditation. All deficiencies

and resolutions will be subject to

thorough review and evaluation prior to

an accreditation decision.

(4) After the assessor submits their

final report, NVLAP reviews the report

and the laboratory’s response to

determine if the laboratory has met all

of the on-site assessment requirements.

§ 285.8 Proficiency testing.

(a) NVLAP proficiency testing is

consistent with the provisions

contained in ISO/IEC Guide 43 (Parts 1

and 2), Proficiency testing by

interlaboratory comparisons, where

applicable, including revisions from

time to time. Proficiency testing may be

organized by NVLAP itself or a NVLAPapproved provider of services.

Laboratories must participate in

proficiency testing as specified for each

LAP in the NVLAP program handbooks.

(b) Analysis and reporting.

Proficiency testing data are analyzed by

NVLAP and reports of the results are

made known to the participants.

Summary results are available upon

request to other interested parties; e.g.,

professional societies and standards

writing bodies. The identity and

performance of individual laboratories

are kept confidential.

(c) Proficiency testing deficiencies. (1)

Unsatisfactory participation in any

NVLAP proficiency testing program is a

technical deficiency which must be

resolved in order to obtain initial

accreditation or maintain accreditation.

(2) Proficiency testing deficiencies are

defined as, but not limited to, one or

more of the following:

(i) Failure to meet specified

proficiency testing performance

requirements prescribed by NVLAP;

(ii) Failure to participate in a regularly

scheduled ‘‘round’’ of proficiency

testing for which the laboratory has

received instructions and/or materials;

(iii) Failure to submit laboratory

control data as required; and

(iv) Failure to produce acceptable test

or calibration results when using NIST

Standard Reference Materials or special

artifacts whose properties are wellcharacterized and known to NIST/

NVLAP.

(3) NVLAP will notify the laboratory

of proficiency testing deficiencies and

actions to be taken to resolve the

deficiencies. Denial or suspension of

accreditation will result from failure to

resolve deficiencies.

§ 285.9 Granting accreditation.

(a) The Chief of NVLAP is responsible

for all NVLAP accreditation actions,

including granting, denying, renewing,

suspending, and revoking any NVLAP

accreditation.

(b) Initial accreditation is granted

when a laboratory has met all NVLAP

requirements. One of four accreditation

renewal dates (January 1, April 1, July

1, or October 1) is assigned to the

laboratory and is usually retained as

long as the laboratory remains in the

program. Initial accreditation is granted

for a period of one year; accreditation

expires and is renewable on the

assigned date.

(c) Renewal dates may be reassigned

to provide benefits to the laboratory

and/or NVLAP. If a renewal date is

changed, the laboratory will be notified

in writing of the change and any related

adjustment in fees.

(d) when accredition is granted,

NVLAP shall provide to the laboratory

a Certificate of Accredition and a Scope

of Accreditation.

§ 285.10 Renewal of accredition.

(a) An accredited laboratory must

submit both its application for renewal

and fees to NVLAP prior to expiration

of the laboratory’s current accreditation

to avoid a lapse in accreditation.

(b) On-site assessments of currently

accredited laboratories are performed in

accordance with the procedures in

§ 285.7. If deficiencies are found during

the assessment of an accredited

laboratory, the laboratory must follow

the procedures set forth in § 285.7(e)(2)

of this part or face possible suspension

or revocation of accreditation.

§ 285.11 Changes to scope of

accreditation.

A laboratory may request in writing

changes to its Scope of Accreditation. If

the laboratory requests additions to its

Scope, it must meet all NVLAP criteria

for the additional tests or calibrations,

types of tests or calibrations, or

standards. The need for an additional

on-site assessment and/or proficiency

testing will be determined on a case-bycase basis.

§ 285.12 Monitoring visits.

(a) In addition to regularly scheduled

assessments, monitoring visits may be

conducted by NVLAP at any time

during the accreditation period. They

may occur for cause or on a random

selection basis. While most monitoring

visits will be scheduled in advance with

the laboratory, NVLAP may conduct

unannounced monitoring visits.

(b) The scope of a monitoring visit

may range from checking a few

designated items to a complete review.

The assessors may review deficiency

resolutions, verify reported changes in

the laboratory’s personnel, facilities, or

operations, or administer proficiency

testing, when appropriate.

§ 285.13 Denial, suspension, revocation or

termination of accreditation.

(a) A laboratory may at any time

voluntarily terminate its participation

and responsibilities as an accredited

laboratory by advising NVLAP in

writing of its desire to do so.

(b) If NVLAP finds that an accredited

laboratory does not meet all NVLAP

requirements, has violated the terms of

its accreditation, or does not continue to

comply with the provisions of these

procedures, NVLAP may suspend the

laboratory’s accreditation, or advise of

NVLAP’s intent to revoke accreditation.

(1) If a laboratory’s accreditation is

suspended, NVLAP shall notify the

laboratory of that action stating the

reasons for and conditions of the

suspension and specifying the action(s)

the laboratory must take to have its

accreditation reinstated. Conditions of

suspension will include prohibiting the

laboratory from using the NVLAP logo

on its test or calibration reports,

correspondence, or advertising during

the suspension period in the area(s)

affected by the suspension.

(2) NVLAP will not require a

suspended laboratory to return its

Certificate and Scope of Accreditation,

but the laboratory must refrain from

using the NVLAP logo in the area(s)

affected until such time as the

problem(s) leading to the suspension

has been resolved. When accreditation

is reinstated, NVLAP will authorize the

laboratory to resume testing or

calibration activities in the previously

suspended area(s) as an accredited

laboratory.

(c) If NVLAP proposes to deny or

revoke accreditation of a laboratory,

NVLAP shall inform the laboratory of

the reasons for the proposed denial or

revocation and the procedure for

appealing such a decision.

(1) The laboratory will have thirty

days from the date of receipt of the

proposed denial or revocation letter to

appeal the decision to the Director of

NIST. If the laboratory appeals the

decision to the Director of NIST, the

proposed denial or revocation will be

stayed pending the outcome of the

appeal. The proposed denial or

Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Proposed Rules 66663

1Commission rules referred to herein can be

found at 17 CFR Ch. I (2000).

2Rule 4.7(b)(3) provides the requirements for

annual report filings for pools for which exemption

from the specific requirements of Rules 4.22(c) and

(d) has been claimed pursuant to Rule 4.7(b)(3)(i).

3For filing year 1998 there were more than 200

such extensions and for filing year 1999 there were

over 300 such extensions.

revocation will become final through

the issuance of a written decision to the

laboratory in the event that the

laboratory does not appeal the proposed

denial or revocation within the thirtyday period.

(2) If accreditation is revoked, the

laboratory may be given the option of

voluntarily terminating the

accreditation.

(3) A laboratory whose accreditation

has been revoked must cease use of the

NVLAP logo on any of its reports,

correspondence, or advertising related

to the area(s) affected by the revocation.

If the revocation is total, NVLAP will

instruct the laboratory to return its

Certificate and Scope of Accreditation

and to remove the NVLAP logo from all

test or calibration reports,

correspondence, or advertising. If the

revocation affects only some, but not all

of the items listed on a laboratory’s

Scope of Accreditation, NVLAP will

issue a revised Scope that excludes the

revoked area(s) in order that the

laboratory might continue operations in

accredited areas.

(d) A laboratory whose accreditation

has been voluntarily terminated, denied

or revoked, may reapply and be

accredited if the laboratory:

(1) Completes the assessment and

evaluation process; and

(2) Meets the NVLAP conditions and

criteria for accreditation.

§ 285.14 Criteria for accreditation.

The requirements for laboratories to

be recognized by the National Voluntary

Laboratory Accreditation Program as

competent to carry out tests and/or

calibrations are contained in clauses 4

and 5 of ISO/IEC 17025, General

requirements for the competence of

testing and calibration laboratories,

including revisions from time to time.

§ 285.15 Obtaining documents.

(1) Application forms, NVLAP

handbooks, and other NVLAP

documents and information may be

obtained by contacting the NVLAP,

National Institute of Standards and

Technology, 100 Bureau Drive, Mail

Stop 2140, Gaithersburg, Maryland

20899–2140; phone: 301–975–4016; fax:

301–926–2884; e-mail: nvlap@nist.gov.

(b) Copies of all ISO/IEC documents

are available from the American

National Standards Institute, 11 West

42nd Street, 13th Floor, New York, New

York, 10036; phone: 212–642–4900; fax:

212–398–0023; web site:

<www.ansi.org>. You may inspect

copies of all applicable ISO/IEC

documents at the National Voluntary

Laboratory Accreditation Program,

National Institute of Standards and

Technology, 820 West Diamond

Avenue, Room 297, Gaithersburg, MD.

[FR Doc. 00–28577 Filed 11–6–00; 8:45 am]

BILLING CODE 3510–13–M

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 4

Extension of Time To File Annual

Reports for Commodity Pools

AGENCY: Commodity Futures Trading

Commission.

ACTION: Proposed rule amendments.

SUMMARY: Commodity Futures Trading

Commission (‘‘Commission’’) Rules

4.22(c) and (d) 1 require that commodity

pool operators (‘‘CPOs’’) distribute

annual reports containing specified

information, certified by an

independent public accountant, to each

pool participant within 90 calendar

days after the end of the pool’s fiscal

year.2 The proposed revisions to Rule

4.22 would permit CPOs to file a claim

for an extension of time to file the pool’s

annual report where the pool is invested

in other collective investment vehicles,

and the CPO’s independent accountant

cannot obtain the information necessary

to comply with the rule in a timely

manner.

DATES: Comments must be received by

December 7, 2000.

ADDRESSES: Interested persons should

submit their views and comments to

Jean A. Webb, Secretary of the

Commission, Commodity Futures

Trading Commission, 1155 21st Street,

N.W., Washington, DC 20581. In

addition, comments may be sent by

facsimile transmission to facsimile

number (202) 418–5521, or by electronic

mail to secretary@cftc.gov. Reference

should be made to ‘‘Extension of Time

to File Annual Reports for Commodity

Pools.’’

FOR FURTHER INFORMATION CONTACT:

Kevin P. Walek, Assistant Director,

Division of Trading and Markets,

Commodity Futures Trading

Commission, 1155 21st Street, NW.,

Washington, DC 20581. Telephone:

(202) 418–5463; electronic mail:

‘‘kwalek@cftc.gov’’.

SUPPLEMENTARY INFORMATION:

I. Background

Commission Rule 4.22(c) requires a

CPO to distribute to pool participants,

and file with the Commission, an

Annual Report containing specified

financial information for each pool that

it operates. The annual report

requirement is intended to ensure that

the CPO is dealing fairly with its

participants and to provide a

mechanism to facilitate the

Commission’s inspection of the

registrant’s operations. Rule 4.22(d)

requires that an independent public

accountant certify the financial

statements contained in the Annual

Report. The CPO must file this certified

Annual Report within 90 days of the

close of the pool’s fiscal year. Rule

4.22(f) currently allows CPOs to apply

for extensions of the 90-day time

requirement where the CPO cannot

distribute the report in the required time

period without ‘‘substantial undue

hardship.’’ The Commission has had the

benefit of the assistance of National

Futures Association (‘‘NFA’’) in

processing these requests.

In recent years, the number of

extensions has risen dramatically. 3 The

majority of such requests are made by

CPOs of commodity pools that invest in

other collective investment vehicles.

(These commodity pools are commonly

referred to as ‘‘funds of funds.’’) The

CPOs of these funds of funds have

explained that they cannot obtain the

information necessary for their

independent public accountants to

finish auditing the pools’ financial

statements by the time specified in Rule

4.22(c). In order to complete the audit

of the financial statements of the pool,

the independent public accountant

needs information establishing the value

of the pool’s material investments.

These investments may be in a number

of collective investment vehicles, such

as other commodity pools, securities

funds, or hedge funds, both domestic

and offshore. The information that the

independent accountant requires is

frequently unavailable until the

collective investment vehicles complete

their own certified financial statements.

Thus, in many cases, the CPO cannot

obtain the information its independent

accountant requires about the collective

investment vehicle in time for the pool’s

Annual Report to be prepared, audited,

and distributed by the due date.

Due to the increasing number of

requests for extensions of time to file

annual reports for funds of funds, the

Commission proposes to amend its