29498 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

EPA-APPROVED REGULATIONS IN THE VIRGINIA SIP

State citation

(9 VAC 5) Title/subject State effective date EPA approval date Explanation (formerSIP citation)

*******

Chapter 40—Existing Stationary Sources

5–40–880 Applicability and designation of affected

facility.

April 1, 1999 5/31/01 66 FR 29498

5–40–890 Definitions .............................................. April 1, 1999 5/31/01 66 FR 29498

5–40–900 Standard for particular matter ................ April 1, 1999 5/31/01 66 FR 29498

*******

5–40–940 Standard for visible emissions ............... April 1, 1999 5/31/01 66 FR 29498

******

5–40–1040 Permits ................................................... April 1, 1999 5/31/01 66 FR 29498

*******

(d) * * *

[FR Doc. 01–13500 Filed 5–30–01; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

National Institutes of Health

42 CFR Part 66

RIN 0925–AA16

National Research Service Awards

AGENCY: National Institutes of Health,

Department of Health and Human

Services.

ACTION: Final rule.

SUMMARY: The National Institutes of

Health (NIH) is amending the

regulations governing National Research

Service Awards (NRSA) in order to

incorporate changes necessitated by

enactment of the Alcohol, Drug Abuse,

and Mental Health Administration

(ADAMHA) Reorganization Act of 1992,

Public Law 102–321, and the National

Institutes of Health Revitalization Act of

1993, Public Law 103–43.

DATES: This final rule is effective on July

2, 2001.

FOR FURTHER INFORMATION CONTACT: Jerry

Moore, NIH Regulations Officer,

National Institutes of Health, 6011

Executive Blvd., Room 601, MSC 7669,

Rockville, MD 20892, or telephone (301)

496–4607 (not a toll-free number). For

further information about the National

Research Service Awards program

contact the Extramural Outreach and

Information Resources Office (EOIRO),

Office of Extramural Research, 6701

Rockledge Drive, Room 6208, MSC

7910, Bethesda, MD 20892–7910, (301)

435–0714 (not a toll-free number).

Information may also be obtained by

contacting the EOIRO via its e-mail

address (asknih@odrockml.od.nih.gov)

and by browsing the NIH Home Page

site on the World Wide Web (http://

www.nih.gov).

SUPPLEMENTARY INFORMATION: The

ADAMHA Reorganization Act of 1992,

Public Law 102–321, was enacted on

July 10, 1992. That Act transferred the

National Institute on Alcohol Abuse and

Alcoholism (NIAAA), the National

Institute on Drug Abuse (NIDA), and the

National Institute of Mental Health

(NIMH) to NIH, effective October 1,

1992, and provided for the

administration of treatment and service

programs under a newly created

Substance Abuse and Mental Health

Services Administration (SAMHSA). In

order to avoid confusion between the

ADAMHA Minority Access to Research

Careers (MARC) program and the NIH

MARC program, the name of the

ADAMHA program was changed to

Career Opportunities in Research

Education and Training (COR).

Currently, the MARC program is

administered by the National Institute of

General Medical Sciences (NIGMS) and

the COR program is administered by the

NIMH. NIH is revising paragraph (g) of

§ 66.102 of the existing regulation to

reflect this name change and the current

organization locations of the respective

programs.

Subsequently, the National Institutes

of Health Revitalization Act of 1993,

Public Law 103–43, was enacted on

June 10, 1993. Provisions of that Act

necessitate that NIH make changes in

both Subparts A and B of the current

regulations governing the NRSA

program.

Section 1601 of Public Law 103–43

directs the Secretary of Health and

Human Services (HHS) to conduct the

NRSA program in a manner that will

result in the recruitment of women and

individuals from disadvantaged

backgrounds (including racial and

ethnic minorities) into fields of

biomedical or behavioral research and

the provision of research training to

women and those individuals. The

United States House of Representatives

report accompanying the NIH

Revitalization Act of 1993 suggested

that NIH consider the possibility of

permitting part-time research training

for women to keep them from losing

training experience while having child

care responsibilities. We are revising

paragraph (b) of § 66.103 of the current

NRSA regulations and adding a new

paragraph (c) to permit individuals, in

cases of disability or pressing family

need, part-time research or training.

Additionally, we are amending

paragraph (a) of § 66.103 by changing

the word ‘‘application’’ to read ‘‘the

award’’ to reflect the current policy with

regard to eligibility requiring that a

recipient must be lawfully admitted to

the United States for permanent

residence at the time of the award rather

than at the time of application.

Section 1602 of the NIH Revitalization

Act of 1993 substantially modifies the

service payback obligation under the

NRSA program. Under provisions of the

new law, only individuals in the first

twelve months of postdoctoral training

incur a payback obligation.

Additionally, individuals may pay back

this obligation by engaging in service for

an equal period of health-related

research or health-related teaching; or, if

individuals receive an NRSA for more

than twelve months, each month

beyond 12 months will count toward

satisfaction of the repayment obligation.

We are amending § 66.105 by revising

paragraphs (a), (b), and (c); revising

§ 66.110 in its entirety; amending

§ 66.111 of subpart A by revising

paragraph (a)(1), the introductory

language of paragraph (b), and

paragraph (b)(4); and amending § 66.205

Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29499

of subpart B by revising paragraphs

(a)(1) and (b) to reflect these changes in

the payback obligation. Additionally,

we are amending paragraph (a)(2) by

changing the word ‘‘application’’ to read

‘‘the award’’ in order to reflect the

current policy with regard to eligibility

requiring that a recipient must be

lawfully admitted to the United States

for permanent residence at the time of

the award rather than at the time of

application. We are amending paragraph

(b) of § 66.205 by changing the reference

to ‘‘§ 66.106(d)’’ to read ‘‘§ 66.106(e)’’ to

correct an error in the current text.

In § 66.112, subpart A, we are

removing the reference to the

regulations pertaining to inventions and

patents at 45 CFR parts 6 and 8 to reflect

the rescinding of parts 6 and 8, effective

on October 22, 1996 (61 FR 54743); and

we are amending the references to the

regulations pertaining to debarment and

suspension at 45 CFR part 76 and the

guidelines for research involving

recombinant DNA molecules to comply

with Federal Register format

requirements. Additionally, we are

amending the title of § 66.112 to reflect

that policies, as well as regulations, are

referenced in that section.

In § 66.207, we are amending the

reference to the regulations pertaining to

the administration of grants at 45 CFR

part 74, the reference to the regulations

pertaining to debarment and suspension

from eligibility for financial assistance

at 45 CFR part 76, and the reference to

the guidelines for research involving

recombinant DNA molecules to comply

with Federal Register format

requirements. Also, we are adding a

reference to the regulations to ensure

objectivity in PHS-funded research at 42

CFR part 50, subpart F, to reflect their

applicability to NRSA research training

grants and direct fellowship awards.

Additionally, we are revising the

Authority section and the references to

section 472 of the Public Health Service

Act and the United States Code [42

U.S.C. 2891–1] in § 66.101, § 66.102(d),

§ 66.105(b), § 66.106(a)(2), § 66.201, and

§ 66.206(a)(3) to reflect the correct

citations.

Finally, we are amending § 66.104 by

adding the word ‘‘and’’ immediately

following the word ‘‘resources’’ in

paragraph (b)(5) to correct an error in

the current text.

We announced our intentions to make

these changes to the regulations in a

notice of proposed rulemaking (NPRM)

published in the Federal Register on

June 30, 1999 (64 FR 35119). No

comments were received. Consequently,

the regulations are the same as those

proposed in the NPRM.

We provide the following statements

as information for the public.

The Department strongly encourages

all grant recipients to provide a smokefree workplace and to promote the

nonuse of all tobacco products and

reminds that Public Law 103–227, the

Pro-Children Act of 1994, prohibits

smoking in certain facilities that receive

Federal funds in which education,

library, day care, health care, and early

childhood development services are

provided to children.

Executive Order 12866

Executive Order 12866, Regulatory

Planning and Review, requires that all

regulatory actions reflect the costs and

benefits they generate, and that they

meet certain standards, such as avoiding

the imposition of unnecessary burdens

on the affected public. We reviewed the

rule as required under Executive Order

12866 and deemed it within the scope

of the definition of the term ‘‘significant

regulatory action’’ contained in section

3(f) of the Order. Consequently, we

submitted the rule to the Office of

Management and Budget’s (OMB) Office

of Information and Regulatory Affairs

(OIRA) for the pre-publication review

required for all regulatory actions

deemed ‘‘significant’’ under the Order.

Regulatory Flexibility Act

The Regulatory Flexibility Act (5

U.S.C. chapter 6) requires that we

analyze regulatory actions to determine

whether they create a significant impact

on a substantial number of small

entities. The Secretary certifies that the

changes in the NRSA program

regulations would not have a significant

economic impact on a substantial

number of small entities and, therefore,

a regulatory flexibility analysis, as

defined under the Regulatory Flexibility

Act, is not required.

Executive Order 13132

Executive Order 13132, Federalism,

requires that we consult with State and

local government officials in the

development of regulatory policies with

federalism implications. We received

the rule as required under the Order and

determined that it does not have any

federalism implications. The Secretary

certifies that the changes in the NRSA

program regulations will not have an

effect on the States or on the

distribution of power and

responsibilities among the various

levels of government.

Paperwork Reduction Act

The rule does not contain any

information collection requirements that

are subject to OMB approval under the

Paperwork Reduction Act of 1995 (44

U.S.C. chapter 35).

Catalog of Federal Domestic Assistance

The Catalog of Federal Domestic

Assistance (CFDA) numbered program

affected by this rule is: 93.186 National

Research Service Awards-Health Service

Research Training.

List of Subjects in 42 CFR Part 66

Grant programs-Health research

training.

Dated: November 15, 2000.

Ruth L. Kirschstein,

Principal Deputy Director, NIH.

Approved: March 13, 2001.

Tommy G. Thompson,

Secretary.

For the reasons set forth in the

preamble, part 66, subparts A and B, of

title 42 of the Code of Federal

Regulations are revised to read as set

forth below.

PART 66—NATIONAL RESEARCH

SERVICE AWARDS

Subpart A—Direct Awards

1. The authority citation of part 66 is

revised to read as follows:

Authority: 42 U.S.C. 216, 288.

2. Section 66.101 is revised to read as

follows:

§ 66.101 Applicability.

The regulations in this subpart apply

to National Research Service Awards

made by the Secretary to individuals for

research and training to undertake

research, under section 487 of the

Public Health Service Act, as amended

(42 U.S.C. 288).

3. Section 66.102 is amended by

revising paragraphs (d) and (g) to read

as follows:

§ 66.102 Definitions.

* * * * *

(d) Award means a National Research

Service Award under section 487 of the

Act (42 U.S.C. 288).

* * * * *

(g) Predoctoral training means

training at the post-baccalaureate level

in a program leading to the award of a

doctor of philosophy of science, or

equivalent degree. For purposes of

Awards under the Minority Access to

Research Careers programs of the

National Institute of General Medical

Sciences and the Career Opportunities

in Research Education and Training

programs of the National Institute of

Mental Health, predoctoral training also

means training in a program leading to

29500 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

the award of a baccalaureate in science

or equivalent degree.

* * * * *

4. Section 66.103 is amended by

revising paragraphs (a) and (b) and

adding a new paragraph (c) to read as

follows:

* * * * *

§ 66.103 Eligibility.

* * * * *

(a) Be a citizen, noncitizen national of

the United States, or lawfully admitted

to the United States for permanent

residence at the time of the award.

(b) Propose to engage in such

research, or training to undertake

research, in a program specified in

section 487(a)(1)(A) of the Act; and

(c) Propose to engage in such research

or training to undertake research on a

full-time basis except in cases of

disability or pressing family need.

5. Section 66.104 is amended by

adding the word ‘‘and’’ immediately

following the word ‘‘resources’’ in

paragraph (b)(5). As revised, paragraph

(b)(5) reads as follows:

§ 66.104 Application.

* * * * *

(b) * * *

(5) The availability of necessary

resources and facilities at the institution

where the research or training would be

conducted.

6. Section 66.105 is amended by

revising paragraphs (a), (b) introductory

text, and (c) to read as follows:

§ 66.105 Requirements.

* * * * *

(a) For any Award made for an

individual’s initial twelve months of

NRSA postdoctoral research or training,

the individual has assured the

Secretary, in the form and manner the

Secretary may prescribe, that he or she

will satisfy the requirements of § 66.110.

(b) If the proposed research or training

would take place at an institution other

than the National Institutes of Health,

the institution has assured the

Secretary, in the form and manner the

Secretary may prescribe, that:

* * * * *

(c) The individual has assured the

Secretary, in the form and manner the

Secretary may prescribe, that the Award

to the individual will not be used to

support a residency.

7. Section 66.106 is amended by

revising paragraph (a)(2) introductory

text to read as follows:

§ 66.106 Awards.

(a) * * *

(2) Whose proposed research or

training would, in the judgment of the

Secretary, best promote the purposes of

section 487(a)(1)(A) of the Act, taking

into consideration among other

pertinent factors:

* * * * *

8. Section 66.110 as revised in its

entirety to read as follows:

§ 66.110 Service, payback, and recovery

requirements.

(a) Each individual who receives an

Award for postdoctoral research or

training shall engage in a month of

research training, research, or teaching

that is health-related (or any

combination thereof) for each month of

support received, up to a maximum of

twelve months. Such period shall be

served in accordance with the usual

patterns of such employment or

training.

(b) In any case in which an individual

receives an Award for more than twelve

months, the thirteenth month and each

subsequent month of performing

activities under the Award shall be

considered to be activities toward

satisfaction of the requirement

established in paragraph (a) of this

section.

(c) Except as provided in § 66.111, an

individual subject to the requirements

for service in paragraph (a) of this

section must begin to undertake the

service on a continuous basis within

two years after the expiration or

termination for his or her Award.

(d) If the individual fails to undertake

or perform the service in accordance

with the requirements of this section,

the United States shall be entitled to

recover from the individual an amount

determined in accordance with the

formula:

A t s

t = − 0 ( )( )

In which

A is the amount the United States is entitled

to recover;

0 is the sum of the total amount paid to the

individual for the months of postdoctoral

support up to a maximum of twelve months;

t is total number of months in the

individual’s service obligation;

and s is the number of months of the

obligation served by him or her in

accordance with paragraph (a) or (b) of this

section.

(e) Except as provided in § 66.111, the

individual shall pay to the United States

any amount which it is entitled to

recover under paragraph (d) of this

section within a three-year period

beginning on the date the United States

becomes entitled to recovery that

amount. Interest shall accrue to the

United States until any amount due it

under paragraph (d) of the section is

paid. The rate of interest will be fixed

by the Secretary of the Treasury after

taking into consideration private

consumer rates of interest prevailing on

the date the United States becomes

entitled to recovery.

9. Section 66.111 is amended by

revising paragraphs (a) introductory

text, (b) introductory text, and (c)(4) to

read as follows:

§ 66.111 Suspension, waiver, and

cancellation.

(a) The Secretary may extend the

period for undertaking service described

in § 66.110(c), permit breaks in the

continuous service required under

§ 66.110(c), or extend the period of

repayment under § 66.110(e) if the

Secretary determines that:

* * * * *

(b) The Secretary may waive, in whole

or in part, the obligation of the

individual to repay pursuant to

§ 66.110(d) if the Secretary determines

that:

* * * * *

(c) * * *

(4) The extent to which the individual

has been engaged in activities

encompassed by § 66.110(a) and (b);

* * * * *

10. Section 66.112 is amended by

revising the heading; removing the entry

‘‘45 CFR parts 6 and 8’’, revising the

entry ‘‘45 CFR part 76’’, removing the

entry ‘‘48 FR 24556’’, and adding the

entry ‘‘51 FR 16958 (May 7, 1986)’’ to

read as follows:

§ 66.112 Other HHS regulations and

policies that apply.

* * * * *

45 CFR part 76—Governmentwide

debarment and suspension

(nonprocurement) and

governmentwide requirements for

drug-free workplace (grants)

51 FR 16958 (May 7, 1986)—NIH

Guidelines for Research Involving

Recombinant DNA Molecules.

Note: This policy is subject to change, and

interested persons should contact the Office

of Science Policy, Office of Biotechnology

Activities, NIH, Suite 302, 6000 Executive

Boulevard, MSC 7052, Bethesda, MD 20892–

7052, (301) 496–9838 (not a toll-free number)

to obtain references to the current version

and any amendments.

Subpart B—Institutional Grants

11. Section 66.201 is revised to read

as follows:

§ 66.201 Applicability.

The regulations in this subpart apply

to grants under section 487 of the Public

Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29501

Health Service Act, as amended (42

U.S.C. 288), to public institutions and to

nonprofit private institutions to enable

those institutions to make National

Research Service Awards to individuals

for research and training to undertake

research, in programs specified in

section 487 of the Act.

12. Section 66.205 is amended by

revising paragraphs (a)(1) and (a)(2), and

(b) to read as follows:

§ 66.205 Requirements.

(a) * * *

(1) For any award made for an

individual’s initial twelve months of

NRSA postdoctoral research training,

the individual has assured the

Secretary, in the form and manner the

Secretary may prescribe, that he or she

will satisfy the requirements of § 66.110

of subpart A of this part;

(2) The individual is a citizen or

noncitizen national of the United States

or has been lawfully admitted to the

United States for permanent residence

at the time of the award;

* * * * *

(b) No Award shall be made to an

individual under such grant which

would provide that individual with

aggregate support in excess of five years

for predoctoral training and three years

for postdoctoral training, unless the

Secretary for good cause shown as

provided in § 66.106(e) of subpart A of

this part, waives the application of the

limitation with respect to that

individual;

* * * * *

13. Section 66.206 is amended by

revising paragraph (a)(3) introductory

text to read as follows:

§ 66.206 Grant awards.

(a) * * *

(3) Whose proposed programs would,

in the judgment of the Secretary, best

promote the purposes of section

487(a)(1)(B) of the Act, taking into

consideration among other pertinent

factors:

* * * * *

14. Section 66.207 is amended by

revising the references to 45 CFR part

74, 45 CFR part 76, and 48 FR 24556;

and adding an entry for 42 CFR part 50,

subpart F, immediately following the

entry ‘‘42 CFR part 50, subpart D’’ and

an entry for 51 FR 16958 (May 7, 1986)

to read as follows:

§ 66.207 Other HHS regulations and

policies that apply.

* * * * *

42 CFR part 50, subpart F—

Responsibility of applicants for

promoting objectivity in research for

which PHS funding is sought.

* * * * *

45 CFR part 74—Uniform administrative

requirements for awards and

subawards to institutions of higher

education, hospitals, other nonprofit

organizations, and commercial

organizations; and certain grants and

agreements with states, local

governments and Indian tribal

governments.

* * * * *

45 CFR part 76—Governmentwide

debarment and suspension (non

procurement) and governmentwide

requirements for drug-free workplace

(grants)

* * * * *

51 FR 16958 (May 7, 1986)—NIH

Guidelines for Research Involving

Recombinant DNA Molecules.

Note: This policy is subject to change, and

interested persons should contact the Office

of Biotechnology Activities, NIH, Suite 302,

6000 Executive Boulevard, MSC 7052,

Bethesda, MD 20892–7052, (301) 496–9838

(not a toll-free number) to obtain references

to the current version and any amendments.

[FR Doc. 01–13692 Filed 5–30–01; 8:45 am]

BILLING CODE 4140–01–M

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 232

[FRA Docket No. PB–9; Notice No. 19]

RIN 2130–AB16

Brake System Safety Standards for

Freight and Other Non-Passenger

Trains and Equipment; End-of-Train

Devices

AGENCY: Federal Railroad

Administration (FRA), DOT.

ACTION: Final rule; delay of compliance

date; conforming amendment.

SUMMARY: On January 17, 2001, FRA

published a final rule revising the

regulations governing braking systems

and equipment used in freight and other

non-passenger railroad train operations.

In response to the final rule, FRA

received a petition for reconsideration

from the Association of American

Railroads (AAR) seeking reconsideration

of, among other things, a requirement

that, if the person conducting the test of

the two-way end-of-train device on a

train is someone other than a train crew

member, the locomotive engineer of the

train must be notified of the name of the

person conducting the test and a record

must be maintained, in the cab of the

controlling locomotive, containing the

name of the person conducting the test.

In order to allow FRA an opportunity to

respond to this petition prior to the

compliance date of the provision in

question, this document delays the

compliance date for this specific

requirement from May 31, 2001, to a

future date to be specified in FRA’s

response to the petition for

reconsideration if the petition is not

granted. This action also makes a

conforming amendment to the rule text

to reflect this change.

DATES: The effective date of this

conforming amendment is May 31,

2001.

FOR FURTHER INFORMATION, CONTACT:

Thomas Herrmann, Trial Attorney,

Office of the Chief Counsel, RCC–10,

1120 Vermont Avenue, NW., Stop 10,

Washington, DC 20590 (telephone 202–

493–6053).

SUPPLEMENTARY INFORMATION: On

January 17, 2001, FRA published a final

rule revising the Federal safety

standards governing braking systems

and equipment used in freight and other

non-passenger railroad train operations.

See 66 FR 4104. The effective date of the

rule is May 31, 2001. See 66 FR 9906

(February 12, 2001). In response to the

final rule, FRA received several

petitions for reconsideration requesting

that FRA either amend or clarify the

final rule in various ways. Organizations

filing petitions included the Association

of American Railroads (AAR) (this

petition was filed jointly with the

American Short Line and Regional

Railroad Association), the Brotherhood

of Locomotive Engineers, the American

Public Transportation Association, and

the Rail Passenger Car Alliance.

Unfortunately, these petitions are not

available on line at the Department of

Transportation’s centralized Docket

Management System Web site because

this proceeding originated well before

that system was created. They are

available, of course, at FRA’s docket

office or by contacting the contact

person shown above. (FRA’s docket

office is located at 1120 Vermont

Avenue, NW., Room 7051, Washington,

DC FRA’s Docket Clerk, Ms. Ivornette

Nelson, may be reached by telephone at

(202) 493–6030 or by facsimile at (202)

493–6068.)

Collectively, the petitions raise

approximately 25 issues, although some

of the more important issues have

subsidiary questions. The issues cover a

wide gamut, including the requirement

to equip locomotives with dynamic

brake indicators, documentation and

timing of training, the maximum