26738 Federal Register / Vol. 63, No. 93 /Thursday, May 14, 1998 /Rules and Regulations

(c) The laboratory must comply with

the basic inspection requirements of

§ 493.1773.

§ 493.1776 [Removed]

8. Section 493.1776 is removed.

9. Section 493.1777 is revised to read

as follows:

§ 493.1777 Standard: Inspection of

laboratories that have requested or have

been issued a certificate of compliance.

(a) Initial inspection. (1) A laboratory

issued a registration certificate must

permit an initial inspection to assess the

laboratory’s compliance with the

requirements of this part before HCFA

issues a certificate of compliance.

(2) The inspection may occur at any

time during the laboratory’s hours of

operation.

(b) Subsequent inspections. (1) HCFA

or a HCFA agent may conduct

subsequent inspections on a biennial

basis or with such other frequency as

HCFA determines to be necessary to

ensure compliance with the

requirements of this part.

(2) HCFA bases the nature of

subsequent inspections on the

laboratory’s compliance history.

(c) Provider-performed microscopy

procedures. The inspection sample for

review may include testing in the

subcategory of provider-performed

microscopy procedures.

(d) Compliance with basic inspection

requirements. The laboratory must

comply with the basic inspection

requirements of § 493.1773.

10. Section 493.1780 is revised to read

as follows:

§ 493.1780 Standard: Inspection of CLIAexempt laboratories or laboratories

requesting or issued a certificate of

accreditation.

(a) Validation inspection. HCFA or a

HCFA agent may conduct a validation

inspection of any accredited or CLIAexempt laboratory at any time during its

hours of operation.

(b) Complaint inspection. HCFA or a

HCFA agent may conduct a complaint

inspection of a CLIA-exempt laboratory

or a laboratory requesting or issued a

certificate of accreditation at any time

during its hours of operation upon

receiving a complaint applicable to the

requirements of this part.

(c) Noncompliance determination. If a

validation or complaint inspection

results in a finding that the laboratory

is not in compliance with one or more

condition-level requirements, the

following actions occur:

(1) A laboratory issued a certificate of

accreditation is subject to a full review

by HCFA, in accordance with subpart E

of this part and § 488.11 of this chapter.

(2) A CLIA-exempt laboratory is

subject to appropriate enforcement

actions under the approved State

licensure program.

(d) Compliance with basic inspection

requirements. CLIA-exempt laboratories

and laboratories requesting or issued a

certificate of accreditation must comply

with the basic inspection requirements

in § 493.1773.

(Catalog of Federal Domestic Assistance

Program No. 93.778, Medical Assistance

Program, Catalog of Federal Domestic

Assistance Program No. 93.773, Medicare—

Hospital Insurance; and Program No. 93.774,

Medicare—Supplementary Medical

Insurance Program)

Dated: October 13, 1997.

Nancy-Ann Min DeParle,

Deputy Administrator, Health Care Financing

Administration.

Dated: September 18, 1997.

David Satcher,

Director, Centers for Disease Control and

Prevention.

Approved: February 2, 1998.

Donna E. Shalala,

Secretary.

[FR Doc. 98–12752 Filed 5–13–98; 8:45 am]

BILLING CODE 4120–01–P

DEPARTMENT OF JUSTICE

48 CFR Part 2802 and 2846

[Justice Acquisition Circular 98–1]

Amendment to the Justice Acquisition

Regulations (JAR Regarding:

Definitions

AGENCY: Justice Management Division,

Justice.

ACTION: Final rule, correction.

SUMMARY: This document contains

corrections to the final regulations

(Justice Acquisition Regulations) that

were published Thursday, April 2, 1998

(63 FR 16118–16136). The regulations

related to the reissuance of the JAR to

implement regulatory changes resulting

from the Federal Acquisition Reform

Act, the Federal Acquisition

Streamlining Act and the

recommendations of the National

Performance Review.

EFFECTIVE DATE: May 14, 1998.

FOR FURTHER INFORMATION CONTACT:

Janis Sposato, Procurement Executive,

Justice Management Division (202) 514–

3103.

SUPPLEMENTARY INFORMATION:

A. Background

The final regulations that are the

subject of these corrections superseded

the 1985 version of the JAR and all

amendments (Justice Acquisition

Circulars 85–1 through 97–1) issued

prior to the date of publication of that

final rule.

B. Regulatory Flexibility Act

The Department of Justice certifies

that this final 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.,

because the amendment sets forth only

corrections to internal departmental

procedures.

C. Paperwork Reduction Act

The final rule imposes no new

information collection requirements that

require approval by the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act of 1980

(Pub. L. 96–511). All information

collection requirements have been

submitted to OMB. In those cases where

an OMB control number has been

assigned, the control number is

included in the regulation.

List of Subjects in 48 CFR Parts 2802

and 2846

Government procurement.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

Accordingly, 48 CFR parts 2802 and

2846 are corrected by making the

following correcting amendments.

1. The authority citation for 48 CFR

Parts 2802 and 2846 continues to read

as follows:

Authority: 28 U.S.C. 510; 40 U.S.C. 486(c);

28 CFR 0.75(j) and 28 CFR 0.76(j).

PART 2802—DEFINITIONS OF WORDS

AND TERMS—[CORRECTED]

2. On page 16121, in the middle of the

first column, the citation set forth as

Subpart 2.1—Definitions in the table of

contents of part 2802 and in the

accompanying text which immediately

follows, is corrected to read as follows:

Subpart 2802.1—Definitions

PART 2802—QUALITY ASSURANCE—

[CORRECTED]

3. On page 16134, in the lower third

of the third column, under Part 2846, a

paragraph number and title (2846.610,

General) are added as set forth below, to

the table of contents and the text that

appears directly under Subpart 2846.6—

Material Inspection and Receiving

reports.
Federal Register / Vol. 63, No. 93 /Thursday, May 14, 1998 /Rules and Regulations 26739

PART 2846—QUALITY ASSURANCE

Subpart 2846.6—Material Inspection and

Receiving Reports

2846.601 General.

Subpart 2846.7—Warranties

2846.704 Authority for use of warranties.

Subpart 2846.6—Material Inspection

and Receiving reports

§ 2846.601 General.

Bureaus shall prescribe procedures

and instructions for the use,

preparation, and distribution of material

inspection and receiving reports and

commercial shipping document/packing

lists to evidence Government

inspection.

[FR Doc. 98–12791 Filed 5–13–98; 8:45 am]

BILLING CODE 4410–AR–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 23

RIN 1018–AE94

Amendment to Appendix III Listing of

Bigleaf Mahogany Under the

Convention on International Trade in

Endangered Species of Wild Fauna

and Flora

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: This rule announces an

amendment to the Appendix III listing

of bigleaf mahogany (Swietenia

macrophylla) under the Convention on

International Trade in Endangered

Species of Wild Fauna and Flora (CITES

or Convention). The species in the

Americas and its logs, sawn wood, and

veneer sheets have been included in

Appendix III since November 1995,

based on an action by the Government

of Costa Rica. The Government of

Bolivia has recently supplied

information to the CITES Secretariat to

independently include its population in

Appendix III to support its national

legislation for the species and the need

for cooperation of other CITES countries

in controlling the international trade.

The Service will consider any

comments received on whether to enter

a reservation on the Republic of

Bolivia’s action for its population.

DATES: The change to the Appendix III

listing for the Bolivian population of the

species as set forth in this rule entered

into force on March 19, 1998, under the

terms of the Convention. This rule is

effective on May 14, 1998.

ADDRESSES: Please send correspondence

concerning the amendment announced

in this rule to Chief, Office of Scientific

Authority, ARLSQ 750; U.S. Fish and

Wildlife Service; Washington, DC

20240; fax number 703–358–2276.

Express and messenger deliveries

should be addressed to Chief, Office of

Scientific Authority, Room 750; U.S.

Fish and Wildlife Service; 4401 North

Fairfax Drive; Arlington, Virginia 22203.

The text of the Appendix III

notification from the Convention’s

Secretariat is available on request, and

related materials are available for public

inspection by appointment from 8:00

a.m. to 4:00 p.m. Monday through

Friday, at the above address in

Arlington, Virginia.

Please send certificate/permit

questions or any applications

concerning this regulation to Chief,

Office of Management Authority; U.S.

Fish and Wildlife Service; 4401 North

Fairfax Drive, Room 700; Arlington,

Virginia 22203; fax number 703–358–

2281. Express and messenger deliveries

should be addressed to Chief, Office of

Management Authority, at that

Arlington address.

FOR FURTHER INFORMATION CONTACT: Dr.

Susan Lieberman, Chief, Office of

Scientific Authority, phone 703–358–

1708, fax 703–358–2276, e-mail

susanllieberman@mail.fws.gov; or the

Office of Management Authority,

telephone 800–358–2104, e-mail

r9omalcites@mail.fws.gov

SUPPLEMENTARY INFORMATION:

Background

The Convention on International

Trade in Endangered Species of Wild

Fauna and Flora (TIAS 8249) regulates

international trade in certain animal and

plant species. The species for which

trade in particular specimens is

controlled are listed in Appendices I, II,

and III to the Convention. Appendix III

comprises the list of species subject to

regulation within any CITES Party

country that has requested the

cooperation of the other Parties in

regulating international trade in the

specified specimens of the species.

This rule revises the list of CITES

species that is reproduced in the U.S.

Code of Federal Regulations (CFR) at 50

CFR 23.23(f). The current information

following COP10 (see below) was

published in the Federal Register of

August 22, 1997 (62 FR 44627). As

advanced by the Government of Bolivia

pursuant to Article XVI paragraph 1 of

the Convention, the present rule

acknowledges that now both Bolivia and

Costa Rica have added Swietenia

macrophylla (bigleaf mahogany [called

mara or caoba]) to Appendix III in

support of their domestic conservation

measures and need for cooperation of

other Parties.

The species continues to be included

in Appendix III in the Americas (i.e.,

South America, Central America, the

Caribbean, and North America),

including only its logs, sawn wood, and

veneer sheets as the parts or derivatives

covered by the provisions of the

Convention. Thus, products such as

finished furniture are excluded.

Moreover, export of specimens from

plantations located outside the

Americas is not regulated. (At COP10 in

June 1997, the categories saw-logs, sawn

wood, and veneers were revised slightly

to the above for several such listings; cf.

62 FR 44627.)

The CITES Secretariat notified all

Party countries on December 19, 1997

(in Notification No. 1011), of this

addition to Appendix III by Bolivia of

their population of this species. In

accordance with Article XVI paragraph

2, such an amendment becomes

effective 90 days after notification, in

this case on March 19, 1998. All the

shipments of bigleaf mahogany

originating from Bolivia that are

exported on or after that date must be

accompanied by the appropriate

documentation as required by CITES

(usually an export permit), which is to

be presented upon import to the Party

countries.

International trade in Appendix III

species and their parts and derivatives

that are specified as being included

requires the issuance of either an export

permit, a certificate of origin, a re-export

certificate, or a pre-Convention

certificate, by the exporting or the reexporting Party. An export permit,

which signifies that the specimens were

not obtained in contravention of the

laws of that country for conservation, is

required if the shipment originates from

the Party that added the species to

Appendix III, in this case Bolivia, as

well as Costa Rica, which had earlier

added the species to Appendix III,

effective November 16, 1995 (see

Federal Register of February 22, 1996,

61 FR 6793–6795).

Export from the other countries in the

Americas requires the issuance of either

a certificate from the country of origin,

a certificate from the country of reexport, or a pre-Convention certificate

(from the country of export). (The

species is native from Bolivia and Brazil

to Mexico.) These documents legally

verify either: (1) that the specimens

originated in a non-listing country; (2)

that they are being re-exported after a