23860 Federal Register / Vol. 66, No. 91 / Thursday, May 10, 2001 / Rules and Regulations

combine the ranks to obtain the State’s

score on this component.

(7) For any given year, we will rank

the States that choose to compete on the

child care measure on each component

of the overall measure and award

bonuses to the ten States with the

highest composite rankings.

(8) We will calculate each component

score for this measure to two decimal

points. If two or more States have the

same score for a component, we will

calculate the scores for these States to as

many decimal points as necessary to

eliminate the tie.

(9)(i) The rank of the measure for the

FY 2002 bonus year will be a composite

weighted score of the two components

at paragraph (e)(1) of this section, with

the component at paragraph (e)(1)(i) of

this section having a weight of 6 and the

component at paragraph (e)(1)(ii) of this

section having a weight of 4.

(ii) The rank of the measure for the

bonus beginning in FY 2003 will be a

composite weighted score of the three

components at paragraph (e)(2) of this

section, with the component at

paragraph (e)(1)(i) of this section having

a weight of 5, the component at

paragraph (e)(1)(ii) of this section

having a weight of 3, and the

component at paragraph (e)(2)(ii) of this

section having a weight of 2.

(10) We will award bonuses only to

the top ten qualifying States that have

fully obligated their CCDF Matching

Funds for the fiscal year corresponding

to the performance year and fully

expended their CCDF Matching Funds

for the fiscal year preceding the

performance year.

[FR Doc. 01–11767 Filed 5–9–01; 8:45 am]

BILLING CODE 4184–01–P

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 205

[Docket No. MARAD–2000–8284]

RIN 2133–AB42

Audit Appeals; Policy and Procedure

AGENCY: Maritime Administration,

Department of Transportation.

ACTION: Final rule.

SUMMARY: The Maritime Administration

(MARAD, we, our, or us) is updating our

regulations on Audit Appeals; Policy

and Procedure. The regulations

establish audit appeal procedures for

parties who contract with the Maritime

Subsidy Board or MARAD. This final

rule uses plain language to update the

audit procedures to reflect our current

practices. The intended effect of this

rulemaking is to improve our audit

appeals process by updating and

clarifying the regulations.

DATES: The effective date of this final

rule is June 11, 2001.

FOR FURTHER INFORMATION CONTACT: Mr.

Lennis G. Fludd, Office of Financial and

Rate Approvals, (202) 366–2324. You

may send mail to Mr. Fludd at Maritime

Administration, Office of Financial and

Rate Approvals, Room 8117, 400

Seventh Street, SW, Washington, DC

20590.

SUPPLEMENTARY INFORMATION:

Background

Part 205 establishes the policy and

procedure for parties to use when

seeking redress and appeals of audit

decisions involving contracts with the

Maritime Subsidy Board or MARAD.

Part 205 applies to contracts of the

Maritime Subsidy Board and MARAD

which have included, for example, the

Operating-Differential Subsidy,

Construction-Differential Subsidy,

Capital Construction Fund,

Construction Reserve Fund, and

Maritime Security Program.

We published a notice of proposed

rulemaking (NPRM) on November 16,

2000 at 65 FR 69279. The NPRM

proposed revisions to part 205 to reflect

our current practices of making audit

appeals decisions. This final rule

essentially mirrors the NPRM to which

we received no public comments.

Accordingly, parties no longer appeal to

the appropriate Coast Director’s office.

In the past, auditors were assigned to

regional offices. However, we no longer

have these auditors. MARAD

headquarters is responsible for

overseeing audits as deemed

appropriate. Such audits may be

performed by the Office of Inspector

General. Also, as proposed, we are

eliminating the discretionary hearing

afforded appellants (under § 205.2 (b))

when appealing to the Maritime

Administrator. This final rule includes

provisions that give the appellant 90

days from the date of receipt of the

initial audit findings to file an appeal

with the appropriate Associate

Administrator and 30 days following the

Associate Administrator’s final audit

appeals decision to submit an appeal in

writing to the Administrator. However,

the Administrator may, at his or her

discretion, extend the 30 days in the

case of extenuating circumstances.

Plain Language

Executive Order 12866 and a

Presidential memorandum on plain

language in government writing of June

1, 1998, require each agency to write all

rules in plain language. The Department

of Transportation and MARAD are

committed to plain language in

government writing; therefore, we

revised part 205 using plain language to

provide easier understanding. Our goal

is to improve the clarity of our

regulations.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT

Regulatory Policies and Procedures

We have reviewed this final rule

under Executive Order 12866 and have

determined that this is not a significant

regulatory action. Additionally, this

final rule is not likely to result in an

annual effect on the economy of $100

million or more. The purpose of this

final rule is to update MARAD’s audit

appeals procedures to reflect current

MARAD practices and to rewrite the

regulations in plain language.

This final rule is also not significant

under the Regulatory Policies and

Procedures of the Department of

Transportation (44 FR 11034; February

26, 1979). The costs and benefits

associated with this rulemaking are

considered to be so minimal that no

further analysis is necessary. Because

the economic impact, if any, should be

minimal, further regulatory evaluation

is not necessary.

Regulatory Flexibility Act

This final rule will not have a

significant economic impact on a

substantial number of small entities.

This final rule only updates procedures

for appealing audit findings and

decisions to the Maritime

Administrator. Although a number of

small entities may appeal audit

findings, the cost of filing an audit

appeal with MARAD is minimal, if any.

Therefore, MARAD certifies that this

final rule will not have a significant

economic impact on a substantial

number of small entities.

Federalism

We have analyzed this final rule in

accordance with the principles and

criteria contained in Executive Order

13132 (‘‘Federalism’’) and have

determined that it does not have

sufficient federalism implications to

warrant the preparation of a federalism

summary impact statement. These

regulations have no substantial effects

on the States, or on the current FederalState relationship, or on the current

distribution of power and

responsibilities among the various local

officials. Therefore, consultation with

Federal Register / Vol. 66, No. 91 / Thursday, May 10, 2001 / Rules and Regulations 23861

State and local officials was not

necessary.

Environmental Impact Statement

We have analyzed this final rule for

purposes of compliance with the

National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.) and have

concluded that under the categorical

exclusions provision in section 4.05 of

Maritime Administrative Order

(‘‘MAO’’) 600–1, ‘‘Procedures for

Considering Environmental Impacts,’’

50 FR 11606 (March 22, 1985), the

preparation of an Environmental

Assessment, and an Environmental

Impact Statement, or a Finding of No

Significant Impact for this final rule is

not required. This final rule involves

administrative and procedural

regulations that have no environmental

impact.

Executive Order 13175

MARAD does not believe that this

final rule will significantly or uniquely

affect the communities of Indian tribal

governments when analyzed under the

principles and criteria contained in

Executive Order 13175 (‘‘Consultation

and Coordination with Indian Tribal

Governments’’). Therefore, the funding

and consultation requirements of this

Executive Order would not apply.

Unfunded Mandates Reform Act of 1995

This final rule does not impose an

unfunded mandate under the Unfunded

Mandates Reform Act of 1995. It does

not result in costs of $100 million or

more, in the aggregate, to any of the

following: State, local, or Native

American tribal governments, or the

private sector. This final rule is the least

burdensome alternative that achieves

the objective of the rule.

Paperwork Reduction Act

This final rule does not contain

information collection requirements

covered by 5 CFR Part 1320 (specifically

5 CFR 1320.3(c)) in that appellants

choose the information to be provided

in their appeal and may choose to

interpret the collection of information

differently.

Regulation Identifier Number (RIN)

The Department of Transportation

assigns a regulation identifier number

(RIN) to each regulatory action listed in

the Unified Agenda of Federal

Regulations. The Regulatory Information

Service Center publishes the Unified

Agenda in April and October of each

year. The RIN number is contained in

the heading of this document to crossreference this action with the Unified

Agenda.

List of Subjects in 46 CFR Part 205

Administrative practice and

procedure, Government contracts.

Accordingly, 46 CFR part 205 is

revised to read as follows:

PART 205—AUDIT APPEALS; POLICY

AND PROCEDURE

Sec.

205.1 Purpose.

205.2 Policy.

205.3 Procedure.

205.4 Finality of decisions.

205.5 Contracts containing disputes article.

Authority: Sec. 204, 49 Stat. 1987, 1998,

2004, 2011; 46 U.S.C. 1114, 1155, 1176, 1212.

§ 205.1 Purpose.

This part establishes the policy and

procedure for parties to use when

seeking redress and appeals of audit

decisions involving contracts with the

Maritime Subsidy Board or the Maritime

Administration (MARAD, we, our, or

us). A party to a contract (you or your)

may appeal MARAD’s findings,

interpretations, or decisions of annual

or special audits.

§ 205.2 Policy

If you disagree with audit findings

and fail to settle any differences with

the appropriate Office Director, you may

ask the appropriate office Associate

Administrator to review the audit

findings. If you disagree with the

Associate Administrator, you may

appeal to the Maritime Administrator

(Administrator).

§ 205.3 Procedure.

(a) You have 90 days from the date

you receive the initial audit findings to

file a written request for review of the

audit findings with the appropriate

Associate Administrator. Your written

request must state the legal or factual

bases for your disagreement. The

appropriate Associate Administrator

will issue a written determination.

(b) You have 30 days following the

Associate Administrator’s final audit

determination to submit your appeal in

writing to the Administrator. Your

written appeal must set forth the legal

and factual bases for your appeal. The

Administrator may, at his or her

discretion, extend the time limitation in

the case of extenuating circumstances.

(c) We will notify you, in writing, if

you must submit additional facts for our

consideration of the appeal. We will

notify you, in writing, once the

Administrator has made a decision

regarding your appeal.

§ 205.4 Finality of decisions.

The Administrator’s decision will be

the final administrative action on all

audit appeals.

§ 205.5 Contracts containing disputes

article.

When a contract contains a disputes

article, the disputes article will govern

the bases for negotiating disputes

regarding audit findings, interpretations,

or decisions made by MARAD and any

appeals.

Dated: May 2, 2001.

By Order of the Acting Deputy Maritime

Administrator.

Joel C. Richard,

Secretary, Maritime Administration.

[FR Doc. 01–11578 Filed 5–9–01; 8:45 am]

BILLING CODE 4910–81–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR PART 73

[MM Docket No. 99–25; FCC 01–100]

Creation of a Low Power Radio Service

AGENCY: Federal Communications

Commission

ACTION: Final rule.

SUMMARY: This document amends our

Low Power Radio Service (‘‘LPFM’’)

regulations to implement section 632(a)

of the ‘‘Making Appropriations for the

Government of the District of Columbia

for FY 2001’’ Act (the ‘‘Act’’).

Specifically, the Second Report and

Order codifies the Act’s requirements

that the Commission prescribe LPFM

station third adjacent channel

interference protection standards and

prohibit the grant of an LPFM station

license if the applicant has engaged in

the unlicensed operation of a station in

violation of section 301 of the

Communications Act of 1934, as

amended. This document also defines

the scope of permissible minor

amendments that may be filed by LPFM

applicants outside window filing

periods.

DATES: Effective June 11, 2001.

FOR FURTHER INFORMATION CONTACT:

Peter Doyle, Federal Communications

Commission, Mass Media Bureau,

Audio Services Division, 445 12 Street,

SW., Washington, DC 20554 (202) 418–

2700, Internet address: pdoyle@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Second

Report and Order, adopted March 22,

2001, and released April 2, 2001. The

complete text of the Second Report and