3876 Federal Register / Vol. 66, No. 11 / Wednesday, January 17, 2001 / Rules and Regulations

§ 103.41 What happens if a lender violates

provisions of this part?

In addition to reducing or eliminating

payment on a specific claim for loss,

BIA may either temporarily suspend, or

permanently bar, a lender from making

or acquiring loans under the Program if

the lender repeatedly fails to abide by

the requirements of this part, or if the

lender significantly violates the

requirements of this part on any single

occasion.

§ 103.42 How long must a lender comply

with Program requirements?

(a) A lender must comply in general

with Program requirements during:

(1) The effective period of its loan

guaranty agreement or loan insurance

agreement; and

(2) Whatever additional period is

necessary to resolve any outstanding

loan guaranty or insurance claims or

coverage the lender may have.

(b) Except as otherwise required by

law, a lender must maintain records

with respect to a particular loan for 6

years after either:

(1) The loan is repaid in full; or

(2) The lender accepts payment from

BIA for a loss on the loan, pursuant to

a guaranty certificate or an insurance

agreement.

(c) At any time 2 years or more

following one of the events specified in

paragraphs (b)(1) or (2) of this section,

a lender may convert its records for

corresponding loans to any electronic

format that is readily retrievable and

that provides an accurate, detailed

image of the original records. Upon

converting its records in this manner,

the lender may dispose of its original

loan records.

(d) This section does not restrict any

claims BIA may have against the lender

or any other party arising from the

lender’s participation in the Program.

§ 103.43 What must the lender do after

repayment in full?

The lender must completely and

promptly release of record all remaining

collateral for a guaranteed or insured

loan after the loan has been paid in full.

The release must be at the lender’s sole

cost. In addition, if the loan is prepaid

the lender must notify BIA in

accordance with § 103.33(f).

Subpart H—Definitions and

Miscellaneous Provisions

§ 103.44 What certain terms mean in this

part.

BIA means the Bureau of Indian

Affairs within the United States

Department of the Interior.

Default means:

(1) The borrower’s failure to make a

scheduled loan payment when it is due;

(2) The borrower’s failure to meet a

material condition of the loan

agreement;

(3) The borrower’s failure to comply

with any other condition, covenant or

obligation under the terms of the loan

agreement within applicable grace or

cure periods;

(4) The borrower’s failure to remain at

least 51 percent Indian owned, as

provided in § 103.25(b);

(5) The filing of a voluntary or

involuntary petition in bankruptcy

listing the borrower as debtor;

(6) The imposition of a Federal, State,

local, or tribal government lien on any

assets of the borrower or assets

otherwise used as collateral for the loan,

except real property tax liens imposed

by law to secure payments that are not

yet due;

(7) Any default defined in the loan

agreement, to the extent the definition is

not inconsistent with this part.

Equity means the value, after

deducting all debt, of the borrower’s

tangible assets in the business being

financed, on which a lender can perfect

a first lien security interest. It can

include cash, securities, or other cash

equivalent instruments, but cannot

include the value of contractual options,

the right to pay below market rental

rates, or similar rights if those rights:

(1) Are unassignable; or

(2) Can expire before maturity of the

loan.

Indian means a person who is a

member of a tribe as defined in this part.

Loan agreement means the collective

terms and conditions under which the

lender extends a loan to a borrower, as

reflected by the documents that

evidence the loan.

Mortgage means a consensual lien on

real or personal property in favor of the

lender, given by the borrower or a comaker or guarantor of the loan (other

than BIA), to secure loan repayment.

The term ‘‘mortgage’’ includes ‘‘deed of

trust.’’

NEPA means the National

Environmental Policy Act of 1969, 42

U.S.C. 4321 et seq.

Person means any individual or

distinct legal entity.

Program means the BIA’s Loan

Guaranty, Insurance, and Interest

Subsidy Program, established under 25

U.S.C. 1481 et seq., 25 U.S.C. 1511 et

seq., and this part 103.

Reservation means any land that is an

Indian reservation, California rancheria,

public domain Indian allotment, pueblo,

Indian colony, former Indian reservation

in Oklahoma, or land held by an Alaska

Native corporation under the provisions

of the Alaska Native Claims Settlement

Act (85 Stat. 688), as amended.

Secretary means the Secretary of the

United States Department of the

Interior, or his authorized

representative.

Tribe means any Indian or Alaska

Native tribe, band, nation, pueblo,

rancheria, village, community or

corporation that the Secretary

acknowledges to exist as an Indian tribe,

and that is eligible for services from

BIA.

§ 103.45 Information collection.

(a) The information collection

requirements of §§ 103.11, 103.12,

103.13, 103.14, 103.17, 103.21, 103.23,

103.26, 103.32, 103.33, 103.34, 103.35,

103.36, 103.37, and 103.38 have been

approved by the Office of Management

and Budget under 44 U.S.C. 3501 et

seq., and assigned approval number

1076–0020. The information will be

used to approve and make payments on

Federal loan guarantees, insurance

agreements, and interest subsidy

awards. Response is required to obtain

a benefit.

(b) The burden on the public to report

this information is estimated to average

from 15 minutes to 2 hours per

response, including the time for

reviewing instructions, gathering and

maintaining data, and completing and

reviewing the information collection.

Direct comments regarding the burden

estimate or any other aspect of this

information collection to the

Information Collection Control Officer,

Bureau of Indian Affairs, MS 4613, 1849

C Street, NW., Washington, DC 20240.

Dated: December 28, 2000.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 01–1249 Filed 1–16–01; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 155

[USCG–1998–3417]

RIN 2115–AF60

Salvage and Marine Firefighting

Requirements; Vessel Response Plans

for Oil

AGENCY: Coast Guard, DOT.

ACTION: Final rule; partial suspension of

regulation.

SUMMARY: Current vessel response plan

regulations require the owners or

operators of vessels carrying Groups I

Federal Register / Vol. 66, No. 11 / Wednesday, January 17, 2001 / Rules and Regulations 3877

through V petroleum oil as a primary

cargo to identify in their response plans

a salvage company with expertise and

equipment, and a company with

firefighting capability that can be

deployed to a port nearest to the vessel’s

operating area within 24 hours of

notification (Groups I–IV) or a discovery

of a discharge (Group V). On February

12, 1998, a notice of suspension was

published in the Federal Register,

suspending the 24-hour requirement

scheduled to become effective on

February 18, 1998, until February 12,

2001 (63 FR 7069). The Coast Guard has

decided to extend this suspension

period for another 3 years to allow us

to complete the rulemaking that

proposes to revise the salvage and

marine firefighting requirements. The

extension is necessary because the

potential impact on small businesses

from this new rulemaking requires us to

prepare an initial regulatory flexibility

analysis under the Small Business

Regulatory Enforcement Fairness Act of

1996. This was not determined until a

draft regulatory assessment was

complete in November 2000. We expect

to complete the analysis and publish a

notice of proposed rulemaking this year.

The extension of the suspension period

will continue to relieve the affected

industry from complying with the

existing 24-hour requirements until the

project is complete, and amendments to

the salvage and marine firefighting

requirements become final.

DATES: This extension is effective as of

February 12, 2001. Termination of the

suspension will be on February 12,

2004.

ADDRESSES: You may submit comments

by one of the following methods:

(1) By mail to the Docket Management

Facility, (USCG–1998–3417), U.S.

Department of Transportation, room PL–

401, 400 Seventh Street SW.,

Washington, DC 20590–0001.

(2) By hand delivery to room PL–401

on the Plaza level of the Nassif Building,

400 Seventh Street SW., Washington,

DC, between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

The telephone number is 202–366–

9329.

(3) By fax to the Docket Management

Facility at 202–493–2251.

(4) Electronically through the Web

site for the Docket Management System

at http://dms.dot.gov.

The Docket Management Facility

maintains the public docket for this

rulemaking. Comments and material

received from the public will become

part of this docket and will be available

for inspection or copying at room PL–

401 on the Plaza level of the Nassif

Building at the same address between 9

a.m. and 5 p.m., Monday through

Friday, except Federal holidays. You

may also access this docket on the

Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For

questions on this final rule partial

suspension of regulations, call

Lieutenant Douglas Lincoln, Office of

Response, Response Operations

Division, Coast Guard Headquarters,

telephone 202–267–0448, or via e-mail:

dlincoln@comdt.uscg.mil. For questions

on viewing, or submitting material to,

the docket, call Dorothy Beard, Chief,

Dockets, Department of Transportation,

telephone 202–366–9329.

SUPPLEMENTARY INFORMATION:

Background and Regulatory History

Requirements for salvage and marine

firefighting resources in vessel response

plans have been in place since February

5, 1993 (58 FR 7424). The existing

requirements are general. The Coast

Guard did not originally develop

specific requirements because each

salvage and marine firefighting response

for an individual vessel is unique, due

to the vessel’s size, construction,

operating area and other variables. The

Coast Guard’s intent was to rely on the

planholder to prudently identify

contractor resources to meet their needs.

The Coast Guard anticipated that the

significant benefits of a quick and

effective salvage and marine firefighting

response would be sufficient incentive

for industry to develop salvage and

marine firefighting capability parallel to

the development of oil spill removal

organizations.

Early in 1997, it became apparent that

there was disagreement among

planholders, salvage and marine

firefighting contractors, maritime

associations, public agencies, and other

stakeholders as to what constituted

adequate salvage and marine firefighting

resources. There was also concern as to

whether these resources could respond

to the port nearest to the vessel’s

operating area within 24 hours.

On June 24, 1997, a notice of meeting

was published in the Federal Register

(62 FR 34105) announcing a workshop

to solicit comments from the public on

potential changes to the salvage and

marine firefighting requirements

currently found in 33 CFR part 155.

A public workshop was held on

August 5, 1997, to address issues related

to salvage and marine firefighting

response capabilities, including the 24-

hour response time requirement, which

was then scheduled to become effective

on February 18, 1998. The participants

uniformly identified the following three

issues that they felt the Coast Guard

needed to address:

(1) Defining the salvage and marine

firefighting capability that is necessary

in the plans.

(2) Establishing how quickly these

resources must be on-scene.

(3) Determining what constitutes an

adequate salvage and marine firefighting

company.

Reason for Suspension

On February 12, 1998, a notice of

suspension was published in the

Federal Register, suspending the 24-

hour requirement scheduled to become

effective on February 18, 1998, until

February 12, 2001 (63 FR 7069) so that

the Coast Guard could address the

issues identified at the public workshop

through a rulemaking that would revise

the existing salvage and marine

firefighting requirements. The Coast

Guard has decided to extend the

suspension period for another 3 years.

The extension is necessary because the

potential impact on small businesses

from this new rulemaking requires us to

prepare an initial regulatory flexibility

analysis under the Small Business

Regulatory Enforcement Fairness Act of

1996. This was not determined until a

draft regulatory assessment was

complete in November 2000. We expect

to complete the analysis and publish a

notice of proposed rulemaking this year.

The extension of the suspension period

will continue to relieve the affected

industry from complying with the

existing 24-hour requirements until the

project is complete, and amendments to

the salvage and marine firefighting

requirements become final.

Regulatory Evaluation

Although the final rule published in

1996 was a significant regulatory action

under section 3(f) of Executive Order

12866, the Office of Management and

Budget (OMB) does not consider this

extension as a significant action. As a

result, it does not require an assessment

of potential costs and benefits under

section 6(a)(3) of that Order. It is not

‘‘significant’’ under the regulatory

policies and procedures of the

Department of Transportation (DOT)(44

FR 11040, February 26, 1979).

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this extension will

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

3878 Federal Register / Vol. 66, No. 11 / Wednesday, January 17, 2001 / Rules and Regulations

fields, and governmental jurisdictions

with populations of less than 50,000.

This action will not have a significant

economic impact on a substantial

number of small entities because the

original requirements did not have a

significant effect on a substantial

number of small entities. The extension

on the suspension does not change

those original requirements. Any future

regulatory action on this issue will

address any economic impacts,

including impacts on small entities.

Therefore, the Coast Guard certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this extension to a suspension of a final

rule will not have a significant

economic impact on a substantial

number of small entities.

Assistance for Small Entities

The Small Business and Agriculture

Regulatory Enforcement Ombudsman

and 10 Regional Fairness Boards were

established to receive comments from

small businesses about Federal agency

enforcement actions. The Ombudsman

will annually evaluate the enforcement

activities and rate each agency’s

responsiveness to small business. If you

wish to comment on the enforcement

actions of the Coast Guard, call 1–888–

REG–FAIR (1–888–734–3247).

Collection of Information

This action does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

We have analyzed this action under

E.O. 13132 and have determined that it

does not have implications for

federalism under that Order. Because

this action extends a suspension of a

final rule, it does not preempt any state

action.

Unfunded Mandates Reform Act

This action will not result in an

unfunded mandate under the Unfunded

Mandates Reform Act of 1995 (2 U.S.C.

1531–1538).

Taking of Private Property

This action will not effect a taking of

private property or otherwise have

taking implications under E.O. 12630,

Governmental Actions and Interference

with Constitutionally Protected Property

Rights.

Civil Justice Reform

This action meets applicable

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

E.O. 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this action under

E.O. 13045, Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Environment

We considered the environmental

impact of this proposed rule and

concluded that preparation of an

Environmental Impact Statement is not

necessary. An Environmental

Assessment and a Finding of No

Significant Impact are available in the

docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 155

Hazardous substances, Incorporation

by reference, Oil pollution, Reporting

and recordkeeping requirements.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 155 as follows:

PART 155—OIL OR HAZARDOUS

MATERIAL POLLUTION PREVENTION

REGULATIONS FOR VESSELS

1. The authority citation for part 155

continues to read as follows:

Authority: 33 U.S.C. 1231, 1321(j); 46

U.S.C. 3715, 3719; sec. 2, E.O. 12777, 56 FR

54757, 3 CFR, 1991 Comp., p. 351; 49 CFR

1.46, 1.46 (iii).

Sections 155.110–155.130, 155.350–

155.400, 155.430, 155.440, 155.470,

155.1030(j) and (k), and 155.1065(g) also

issued under 33 U.S.C. 1903(b); and

§§ 155.1110–155.1150 also issued 33 U.S.C.

2735.

Note: Additional requirements for vessels

carrying oil or hazardous materials appear in

46 CFR parts 30 through 36, 150, 151, and

153.

§ 155.1050 [Amended]

2. In § 155.1050, paragraph (k)(3) is

suspended until February 12, 2004.

§ 155.1052 [Amended]

3. In § 155.1052, the last sentence in

paragraph (f) is suspended until

February 12, 2004.

Dated: January 10, 2001.

R.C. North,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 01–1205 Filed 1–11–01; 2:28 pm]

BILLING CODE 4910–15–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICE

45 CFR Part 46

RIN 0925–AA14

Protection of Human Research

Subjects

AGENCY: Department of Health and

Human Services (DHHS).

ACTION: Final rule.

SUMMARY: The Department of Health and

Human Services (DHHS) is amending its

human subjects protection regulations.

These regulations provide additional

protections for pregnant women and

human fetuses involved in research and

pertains to human in vitro fertilization.

The rule continues the special

protections for pregnant women and

human fetuses that have existed since

1975. The rule enhances the

opportunity for participation of

pregnant women in research by

promoting a policy of presumed

inclusion, by permitting the pregnant

woman to be the sole decision maker

with regard to her participation in

research, and by exempting from the

regulations six categories of research.

The rule also provides a mechanism for

the Secretary of HHS to conduct or fund

research not otherwise approvable after

consultation with an expert panel and

public review and comment.

DATES: Effective date: March 19, 2001.

FOR FURTHER INFORMATION CONTACT:

Susan Sherman, JD, Office for Human

Research Protections (OHRP), 6100

Executive Blvd, Suite 3B01, Rockville,

MD 20892–7507. Telephone 301–496–

7005. Email: ShermanS@od.nih.gov.

SUPPLEMENTARY INFORMATION:

Background

The Department of Health and Human

Services (DHHS) regulates research

involving human subjects conducted or

supported by the agency through

regulations codified at Title 45, part 46,

of the Code of Federal Regulations.

Subpart B of 45 CFR part 46,

promulgated on August 8, 1975,

pertains to research involving fetuses,

pregnant women, and human in vitro

fertilization. The 1975 regulations were

jointly published in the Federal

Register with the report and

recommendations of the National

Commission for the Protection of

Human Subjects of Biomedical and

Behavioral Research, Research on the

Fetus (40 FR 33526). Subsequent

changes were incorporated January 11,

1978 (43 FR 1758), November 3, 1978

(43 FR 51559), and June 1, 1994 (59 FR