Federal Register / Vol. 66, No. 91 / Thursday, May 10, 2001 / Rules and Regulations 23853

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major’’ rule as defined by 5 U.S.C.

804(2). This rule will be effective July 9,

2001.

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by July 9, 2001.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 62

Environmental protection, Air

pollution control, Intergovernmental

relations, Methane, Municipal solid

waste landfills, Nonmethane organic

compounds, Reporting and

recordkeeping requirements.

Dated: April 19, 2001.

William J. Muszynski,

Acting Regional Administrator, Region 2.

[FR Doc. 01–11829 Filed 5–9–01; 8:45 am]

BILLING CODE 6560–50–P

CHEMICAL SAFETY AND HAZARD

INVESTIGATION BOARD

40 CFR Part 1611

Testimony by Employees in Legal

Proceedings

AGENCY: Chemical Safety and Hazard

Investigation Board.

ACTION: Final rule.

SUMMARY: This rule amends 40 CFR part

1611 (Testimony by Employees in Legal

Proceedings), published at 66 FR 17364

(March 30, 2001). Part 1611 provides the

Chemical Safety and Hazard

Investigation Board’s (CSB) policy

concerning testimony of CSB employees

in legal proceedings. This rule amends

§ 1611.2 (Definitions) to add a definition

of ‘‘employee’’ and amends § 1611.6

(Testimony of former CSB employees) to

add a requirement that former

employees notify the CSB General

Counsel when they are served with a

subpoena relating to work performed for

the CSB.

DATES: This rule is effective May 10,

2001.

FOR FURTHER INFORMATION CONTACT:

Raymond C. Porfiri, (202) 261–7600.

SUPPLEMENTARY INFORMATION: (1)

Amendment to section 1611.2. The

current CSB rule on testimony by

employees in legal proceedings, 40 CFR

part 1611, published at 66 FR 17364

(March 30, 2001) does not define

‘‘employee.’’ The CSB has determined

that for the purpose of part 1611 (as well

as part 1612, ‘‘Production of Records in

Legal Proceedings’’) ‘‘employee’’ should

be defined to include all those who

undertake work for the CSB and who

may come into contact with protected

information. Thus ‘‘employee’’ is

defined to include: current or former

CSB Board Members or employees,

including student interns, and

contractors, contract employees, or

consultants (and their employees). But it

is made clear that this definition does

not include persons who are no longer

employed by or under contract to the

CSB, and who are retained or hired as

expert witnesses or agree to testify about

matters that do not involve their work

for the CSB.

Other agencies have included a

similarly broad definition of employee

for this purpose. See, e.g., Federal

Energy Regulatory Commission, 18 CFR

388.111; Department of State, 22 CFR

172.1; USAID, 22 CFR 206.1; Overseas

Private Investment Corporation, 22 CFR

713.10; Department of the Navy, 32 CFR

725.4; and U.S. Postal Service, 39 CFR

265.13. Moreover, CSB contractors are

already required to sign non-disclosure

agreements, prohibiting them from

disclosing in any forum (except to CSB

employees) trade secret or confidential

business information obtained in their

work for the CSB.

The need for this broad definition of

employee is even more necessary at the

CSB because, pursuant to 42 U.S.C.

7412(r)(6)(G), no part of the conclusions,

findings or recommendations of the CSB

relating to an accidental release or the

investigation thereof, may be admitted

as evidence or used in any suit or action

for damages growing out of any matter

mentioned in such report.

(2) Amendment to section 1611.6. The

current rule pertaining to former

employees is clarified to include a

requirement that any former employee

who is served with a subpoena to

appear and testify in connection with

civil litigation that relates to his or her

work with the CSB, shall immediately

notify the CSB General Counsel and

provide all information requested by the

General Counsel. This clarification is

necessary to give notice to former

employees of their obligation in this

regard, and to provide the agency with

advance notice of a potential problem.

Public Comment Procedures: Because

this rule amends an internal policy for

CSB employees, the Administrative

Procedure Act does not require that it be

published as a proposed regulation for

notice and public comment. See 5

U.S.C. 553(a)(2). This rule provides

immediate clarifying guidance

pertaining to CSB employee testimony.

As such, the CSB finds that good cause

exists for making the regulation effective

immediately upon publication. See 5

U.S.C. 553(b)(3)(B).

Compliance With Other Laws

Regulatory Planning and Review (E.O.

12866)

This regulation is not a significant

rule and is not subject to review by the

Office of Management and Budget under

Executive Order 12866.

(1) This regulation will not have an

effect of $100 million or more on the

economy. This regulation regulates how

and when CSB employee testimony may

be provided in certain situations. As

such, it will not adversely affect in a

material way the economy, productivity,

competition, jobs, the environment,

public health or safety, or State, local,

or Tribal governments or communities.

(2) This regulation will not create a

serious inconsistency or interfere with

an action taken or planned by another

agency.

(3) This regulation does not alter the

budgetary effects or entitlements, grants,

user fees, or loan programs or the rights

or obligations of their recipients.

(4) This regulation is consistent with

well-established constitutional and

statutory principles and does not raise

novel legal or policy issues.

Regulatory Flexibility Act

The CSB certifies that this regulation

will not have a significant economic

effect on a substantial number of small

entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). This

regulation merely regulates how and

when CSB employees may testify in

certain situations.

Small Business Regulatory Enforcement

Fairness Act

This regulation is not a major rule

under 5 U.S.C. 804(2), the Small

Business Regulatory Enforcement

Fairness Act. Because this regulation

only regulates how and when CSB

employees may testify in certain

situations, this regulation:

a. Does not have an annual effect on

the economy of $100 million or more.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, Federal, State,

local government agencies or geographic

regions.

23854 Federal Register / Vol. 66, No. 91 / Thursday, May 10, 2001 / Rules and Regulations

c. Does not have a significant adverse

effect on competition, employment,

investment, productivity, innovation or

the ability of U.S.-based enterprises to

compete with foreign-based enterprises.

Unfunded Mandates Reform Act

This regulation does not impose an

unfunded mandate on State, local, or

tribal governments or the private sector

of more than $100 million per year. This

regulation does not have a significant or

unique effect on State, local or tribal

governments or the private sector

because this regulation only regulates

how and when CSB employees may

testify in certain situations. A statement

containing the information required by

the Unfunded Mandates Reform Act (2

U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

In accordance with Executive Order

12630, this regulation does not have

significant takings implications. A

takings implication assessment is not

required.

Federalism (E.O. 13132)

The CSB has determined this

regulation conforms to the Federalism

principals of Executive Order 13132. It

also certifies that to the extent a

regulatory preemption occurs, it is

because the exercise of State and Tribal

authority conflicts with the exercise of

Federal authority under the U.S.

Constitution’s Supremacy Clause and

Federal statute. This regulation is,

however, restricted to the minimum

level necessary to achieve the objectives

of 5 U.S.C. 301 pursuant to which this

regulation is promulgated.

Civil Justice Reform (E.O. 12988)

In accordance with Executive Order

12988, the CSB has determined that this

regulation does not unduly burden the

judicial system, and does meet the

requirements of section 3(a) and 3(b)(2)

of the Order.

Paperwork Reduction Act

This regulation contains no reporting

or recordkeeping requirements which

require approval by the Office of

Management and Budget under 44

U.S.C. 3510 et seq.

National Environmental Policy Act

(NEPA)

This regulation does not constitute a

major Federal action significantly

affecting the quality of the human

environment under NEPA, 42 U.S.C.

4321 et seq. A detailed statement under

the NEPA is not required.

List of Subjects

Administrative practice and

procedure, Freedom of information,

Government employees, Investigations,

Testimony of employees.

For the reasons stated in the

preamble, the Chemical Safety and

Hazard Investigation Board amends 40

CFR part 1611 as follows:

PART 1611—TESTIMONY BY

EMPLOYEES IN LEGAL

PROCEEDINGS

1. The authority citation for part 1611

continues to read as follows:

Authority: 5 U.S.C. 301, 42 U.S.C.

7412(r)(6)(G).

2. Amend § 1611.2 to add a new

definition paragraph as follows:

§ 1611.2 Definitions.

* * * * *

Employee, for the purpose of this part

and part 1612 of this chapter, refers to

current or former CSB Board Members

or employees, including student interns,

and contractors, contract employees, or

consultants (and their employees). This

definition does not include persons who

are no longer employed by or under

contract to the CSB, and who are

retained or hired as expert witnesses or

agree to testify about matters that do not

involve their work for the CSB.

3. Amend § 1611.6 to redesignate the

existing text as paragraph (a) and to add

a new paragraph (b) as follows:

§ 1611.6 Testimony of former CSB

employees.

(a) * * *

(b) Any former employee who is

served with a subpoena to appear and

testify in connection with civil litigation

that relates to his or her work with the

CSB, shall immediately notify the CSB

General Counsel and provide all

information requested by the General

Counsel.

Dated: May 1, 2001.

Christopher W. Warner,

General Counsel.

[FR Doc. 01–11791 Filed 5–9–01; 8:45 am]

BILLING CODE 6350–01–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Administration for Children and

Families

45 CFR Part 270

RIN 0970–AC06

High Performance Bonus Awards

Under the TANF Program

AGENCY: Administration for Children

and Families, HHS.

ACTION: Interim final rule; request for

comments.

SUMMARY: The final rule covering the

Temporary Assistance for Needy

Families (TANF) high performance

bonuses to States in FY 2002 and

beyond was published August 30, 2000

(65 FR 52814). This interim final

regulation further implements the child

care measure, one of the measures on

which we will award bonuses to States

in FY 2002 and FY 2003.

Specifically, we explain how we will

compute scores and rank States on the

affordability component using four

income ranges and a comparison of the

number of children eligible under the

State’s income limits compared to the

federal eligibility limits. We also specify

how we will compute scores and rank

States for the child care quality

component based on new reporting

requirements for market rate surveys for

child care.

DATES: Effective date: This interim final

rule is effective on May 10, 2001, except

for § 270.4(e)(2)(ii) which requires an

information collection that is not yet

approved by the Office of Management

and Budget (OMB). We will publish a

document in the Federal Register

announcing the effecitve date of

§ 270.4(e)(2)(ii) when the additional

data collection requirement is approved

by OMB.

Comment period: You may submit

comments through July 9, 2001. We will

not consider comments received after

this date.

ADDRESSES: You may mail comments to

the Administration for Children and

Families, Child Care Bureau, 330 C

Street SW., Room 2046, Washington, DC

20447. Attention: Gail Collins.

Commenters may also provide

comments on the ACF website.

Electronic comments must include the

full name, address and organizational

affiliation (if any) of the commenter.

This interim rule is accessible

electronically via the Internet from the

ACF Welfare Reform Home Page at

http:www.acf.dhhs.gov/news/welfare.