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

29502 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

distance that extended-haul trains may

travel between inspections, and the

meaning of certain language in the final

rule. The fact that there are many issues

that various organizations desire FRA to

reconsider is not surprising, given the

complexity of the final rule and the

large number of issues it addresses. FRA

will give each of these issues full

consideration and issue a subsequent

document explaining how it has

addressed each issue and making any

necessary amendments to the final rule.

FRA hopes to issue such a

comprehensive document concerning

all issues raised in the petitions during

the summer of 2001, but to the extent

any particular issues require more time

to resolve, the agency may address those

separately at a later date.

Of the many issues raised in the

petitions, only one issue concerns a

provision for which the compliance date

is scheduled to be May 31, 2001. This

document concerns that issue. AAR’s

petition sought reconsideration of a

provision requiring certain information

about the testing of a two-way end-oftrain (EOT) device to be provided to a

locomotive engineer. The final rule

requires that, if the person conducting

the test of the two-way EOT is someone

other than a member of the train crew,

the locomotive engineer 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 that

individual See 66 FR 4210, § 232.409(c).

Under the provisions of the final rule,

the compliance date for this and other

requirements of Subpart E is May 31,

2001. See 66 FR 4193, § 232.1(b), and

document on delay of effective date, 66

FR 9906 (February 12, 2001). To allow

FRA an opportunity to respond to this

issue without imposing a burden on the

industry that might soon be withdrawn

if the petition is granted, this document

delays the compliance date of this

specific requirement, from May 31,

2001, until further notice. If the petition

is not granted with respect to that issue,

the document explaining that decision

will set a new compliance date for that

provision. If the petition is granted, of

course, there will be no need for any

compliance date.

FRA emphasizes that this delay of

compliance date applies only to the

requirement to provide and retain the

name of the person conducting the

inspection of a two-way EOT device.

The delay does not apply to the

provisions for notification and retention

of the other information regarding the

inspection of a two-way EOT device

required by the final rule. See 66 FR

4210, § 232.409(c). Nor does the delay

apply to any other provision of the final

rule, including other provisions

addressed in AAR’s petition and the

petitions filed by other organizations.

None of those other issues on which

reconsideration is sought involves

provisions having a compliance date in

the near future. FRA anticipates

resolving those petitions long before the

compliance dates set forth in the final

rule, which for most provisions is April

1, 2004.

List of Subjects in 49 CFR Part 232

Penalties, Railroad power brakes,

Railroad safety, Two-way end-of-train

devices.

The Rule

In consideration of the foregoing, 49

CFR part 232, as revised at 66 FR 4210

and delayed at 66 FR 9906, effective

May 31, 2001, is amended as follows:

PART 232—[AMENDED]

1. The authority citation for part 232

continues to read as follows:

Authority: 49 U.S.C. 20102–20103, 20107,

20133, 20141, 20301–20303, 20306, 21301–

21302, 21304; 49 CFR 1.49(c), (m).

2. In § 232.409(c), add before the

period at the end of the last sentence the

following: ‘‘, except that compliance

with the following provision of this

paragraph will not be required until

further notice published in the Federal

Register: the provision that the

locomotive engineer shall be provided

with the name of the person conducting

the test and that a written or electronic

record of the notification of the name of

the person conducting the test shall be

maintained in the cab of the controlling

locomotive’’.

Issued in Washington, D.C., on May 25,

2001.

George A. Gavalla,

Acting Deputy Administrator, Federal

Railroad Administration.

[FR Doc. 01–13658 Filed 5–30–01; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 224

[Docket No. 000225052–1102–02; I.D.

102599C]

RIN 0648–AN29

Regulations Governing the Approach

to Humpback Whales in Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule to

establish measures to protect humpback

whales, Megaptera novaeangliae, in

waters within 200 nautical miles (370.4

km) of Alaska. Under these regulations

it is unlawful for a person subject to the

jurisdiction of the United States to

approach, by any means, with some

exceptions, within 100 yards (91.4 m) of

a humpback whale.

DATES: Effective July 2, 2001.

ADDRESSES: Copies of the

Environmental Assessment/Regulatory

Impact Review/Final Regulatory

Flexibility Analyses (EA/RIR/FRFA),

prepared for this action are available

from NMFS, Protected Resources

Division, Alaska Region, NMFS, P.O.

Box 21668, Juneau, AK 99802, or by

calling the Alaska Region, NMFS, at

907–586–7235.

FOR FURTHER INFORMATION CONTACT: Kaja

Brix, 907–586–7235,

Kaja.Brix@noaa.gov.

SUPPLEMENTARY INFORMATION: This rule

is issued under the authority of both the

Endangered Species Act (ESA) (16

U.S.C. 1531 et seq.) and the Marine

Mammal Protection Act (MMPA) (16

U.S.C. 1361 et seq.).

Background

The National Marine Fisheries Service

published a proposed rule (65 FR 39336,

June 26, 2000) that would have

prohibited the approach by any person,

by any means, with certain exceptions,

within 200 yards (yds) (182.8 meters

(m)) of a humpback whale, Megaptera

novaeangliae, in waters within 200

nautical miles (370.4 km) of the coast of

Alaska. The proposed rule prohibited

approaches by any means, including by

interception (e.g., placing the vessel in

the path of the humpback whale so that

the whale surfaces within the buffer

zone), and prohibited the disruption of

normal behavior or prior activity of a