7506 Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Proposed Rules

(B) For dependents of active duty

members in pay grades of E–5 and

above, $25; and,

(C) For retirees and their dependents,

$25.

(vi) The copayment for prescription

drugs per prescription, for a maximum

30-day supply, is as follows:

(A) For dependents of active duty

members in pay grades E–1 through E–

4, $5;

(B) For dependents of active duty

members in pay grades of E–5 and

above, $5; and,

(C) For retirees and their dependents,

$9.

(vii) The copayment for ambulance

services is as follows:

(A) For dependents of active duty

members in pay grades of E–1 through

E–4, $10;

(B) For dependents of active duty

members in pay grades of E–5 and

above, $15; and,

(C) For retirees and their dependents,

$20.

(e) Inpatient cost sharing

requirements under the Uniform HMO

Benefit.—(1) In general. In lieu of usual

CHAMPUS cost sharing requirements

(see § 199.4(f)), special cost sharing

amounts are required. The specific

requirements shall be uniform and shall

be published as a notice annually by the

Assistant Secretary of Defense (Health

Affairs).

(2) Structure of cost sharing. For

services other than mental illness or

substance use treatment, there is a

nominal copayment for active duty

dependents and for retired members,

dependents of retired members, and

survivors. For inpatient mental health

and substance use treatment, a separate

per day charge is established.

(3) Amount of inpatient cost sharing

requirements. Beginning in fiscal year

1995, the inpatient cost sharing

requirements are as follows:

(i) For acute care admissions and

other non-mental health/substance use

treatment admissions, the per diem

charge is as follows, with a minimum

charge of $25 per admission:

(A) For dependents of active duty

members in pay grades E–1 through E–

4, $11;

(B) For dependents of active duty

members in pay grades of E–5 and

above, $11; and,

(C) For retirees and their dependents,

$11.

(ii) For mental health/substance use

treatment admissions, and for partial

hospitalization services, the per diem

charge is as follows, with a minimum

charge of $25 per admission:

(A) For dependents of active duty

members in pay grades E–1 through E–

4, $20;

(B) For dependents of active duty

members in pay grades of E–5 and

above, $20; and,

(C) For retirees and their dependents,

$40.

(f) Updates. The enrollment fees for

fiscal year 1995 set under paragraph (c)

of this section and the per services

specific dollar amounts for fiscal year

1995 set under paragraphs (d) and (e) of

this section may be updated for

subsequent years to the extent necessary

to maintain compliance with statutory

requirements pertaining to government

costs. This updating does not apply to

cost sharing that is expressed as a

percentage of allowable charges; these

percentages will remain unchanged.

(g) Applicability of the Uniform HMO

Benefit to Uniformed Services

Treatment Facilities Managed Care

Program. The provisions of this section

concerning the Uniform HMO Benefit

shall apply to the Uniformed Services

Treatment Facilities Managed Care

Program, effective October 1, 1995.

Under that program, non-CHAMPUS

eligible beneficiaries have the same

payment responsibilities as CHAMPUSeligible beneficiaries.

Dated: February 2, 1995.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–3028 Filed 2–7–95; 8:45 am]

BILLING CODE 5000–04–M

ASSASSINATION RECORDS REVIEW

BOARD

36 CFR Part 1400

Guidance on Interpreting and

Implementing the President John F.

Kennedy Assassination Records

Collection Act of 1992

AGENCY: Assassination Records Review

Board (ARRB).

ACTION: Proposed interpretive

regulation.

SUMMARY: The ARRB proposes to issue

regulations providing guidance on the

interpretation of certain terms defined

in and the implementation of the

President John F. Kennedy

Assassination Records Collection Act of

1992.

DATES: To be considered, comments

must be received on or before March 10,

1995.

ADDRESSES: Comments should be

mailed to the Assassination Records

Review Board at 600 E Street, NW,

Second floor, Washington, D.C. 20530 or

delivered in person to that address

between the hours of 9:30 a.m. and 4:30

p.m., Monday through Friday (except

legal holidays). Comments may also be

faxed to the Board at (202) 724–0457.

Comments received may be inspected in

the Board’s public reading room, located

at the address shown above, between 10

a.m. and 3 p.m. Monday through Friday

(except legal holidays). Persons wishing

to inspect comments in the Board’s

public reading room should call the

Board’s office beforehand at (202) 724–

0088 for further information.

FOR FURTHER INFORMATION CONTACT:

Sheryl L. Walter (General Counsel),

(202) 724–0088.

SUPPLEMENTARY INFORMATION:

Background

The President John F. Kennedy

Assassination Records Collection Act of

1992, 44 U.S.C. 2107 note (as amended)

(ARCA), established the President John

F. Kennedy Assassination Records

Collection (the JFK Collection) at the

National Archives and Records

Administration (NARA). In establishing

the process for public disclosure of all

records relating to the assassination,

Congress created an independent agency

within the executive branch, the

Assassination Records Review Board

(the Board), which consists of five

citizens appointed by the President.

Under the statute, the Board is

empowered to decide ‘‘whether a record

constitutes an assassination record.’’ 44

U.S.C. 2107 note, Sec. 7(i)(2)(A).

Congress further made clear its intent

that the Board ‘‘issue guidance to assist

in articulating the scope or universe of

assassination records.’’ President John

F. Kennedy Assassination Records

Collection Act of 1992, S.Rep. 102–328,

102d Cong., 2d Sess. (1992) at 21.

In constructing the proposed guidance

set out here, the Board seeks to

implement congressional intent that the

JFK Collection contain ‘‘the most

comprehensive disclosure of records

related to the assassination of President

Kennedy.’’ Id. at 18. The Board is also

mindful of Congress’s instruction that

the Board apply a ‘‘broad and

encompassing’’ working definition of

‘‘assassination record’’ in order to

achieve the goal of assembling the

fullest historical record on this tragic

event in American history and on the

investigations that were undertaken in

the assassination’s aftermath. The Board

recognizes that many agencies have

already begun to organize and review

records responsive to the ARCA even

before the Board was appointed and

began its work. Nevertheless, the

Board’s aim is that this guidance will

aid in the ultimate assembly and public
Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Proposed Rules 7507

disclosure of the fullest possible

historical record on this tragedy and on

subsequent investigations and inquires

into it.

The Board’s proposed guidance is

designed to help government agencies

and the Board identify and make

available to the public all documents

that will enhance, enrich, and broaden

the historical record of the assassination

of President John F. Kennedy. The

Board seeks through this guidance to

fulfill Congress’s ‘‘inten[t] and emphasis

that the search and disclosure of records

under this Act must go beyond’’ the

records of previous commissions and

committees established to investigate

President Kennedy’s assassination. Id. at

21. The Board also seeks to provide

notice of the scope of its intended

exercise of authority to seek additional

information or records in order to fulfill

its functions and responsibilities under

the ARCA.

In addition, the Board proposes to

create a mechanism to facilitate the

Board’s ongoing work and to further

ensure future public access to the

broadest possible historical record. This

mechanism will be known as the

‘‘Catalog of Assassination Records’’

(COAR). The COAR is intended to be an

official listing of all records determined

by the Board to meet the definition of

‘‘assassination record’’ and included in

the JFK Collection.

Request for Comments

The Board seeks public comment on

its proposed interpretive regulations

intended to provide guidance on the

interpretation of the term assassination

record, the intended scope of its

exercise of authority to seek additional

information or records, and its

additional proposals for implementation

of the ARCA.

List of Subjects in 36 CFR Part 1400

Administrative practice and

procedure, Archives and records.

Accordingly, the Assassination

Records Review Board hereby proposes

to establish a new chapter XIV in title

36 of the Code of Federal Regulations to

read as follows:

CHAPTER XIV—ASSASSINATION

RECORDS REVIEW BOARD

PART 1400—GUIDANCE FOR

INTERPRETATION AND

IMPLEMENTATION OF THE

PRESIDENT JOHN F. KENNEDY

ASSASSINATION RECORDS

COLLECTION ACT OF 1992 (ARCA)

Sec.

1400.1 Interpretation of assassination

record.

1400.2 Interpretation of additional records

and information.

1400.3 Sources of assassination records and

additional records and information.

1400.4 Types of materials included in scope

of assassination record and additional

records and information.

1400.5 Requirement that assassination

records be released in their entirely.

1400.6 Originals and copies.

1400.7 Additional guidance.

1400.8 Implementing the ARCA—Catalog of

Assassination Records

Authority: 44 U.S.C. 2107 note.

§ 1400.1 Interpretation of assassination

record.

(a) An assassination record includes,

but is not limited to, all records, public

and private, regardless of how labeled or

identified, that document, describe,

report, analyze, or interpret activities

and events that may have led to the

assassination of President John F.

Kennedy; the assassination itself; and

investigations of or inquiries into the

assassination.

(b) An assassination record further

includes, without limitation:

(1) All records as defined in Sec. 3(2)

of the ARCA;

(2) All records called by or segregated

by all federal, state, and local

government agencies in conjunction

with any investigation or analysis of or

inquiry into the assassination of

President Kennedy (for example, any

intra-agency investigation or analysis of

or inquiry into the assassination; any

inter-agency communication regarding

the assassination; any request by the

House Select Committee on

Assassinations to collect documents and

other materials; or any inter- or intraagency collection or segregation of

documents and other materials);

(3) Other records or groups of records

listed in the Catalog of Assassination

Records, as described in § 1400.8 of this

chapter.

§ 1400.2 Interpretation of additional

records and information.

The term additional information and

records includes:

(a) All documents used by

government offices and agencies during

their declassification review of

assassination records as well as all other

documents, indices, records, and other

material that disclose cryptonyms, code

names, or other identification material

in assassination records.

(b) All training manuals, instructional

materials, and guidelines created or

used by the agencies in furtherance of

their review of assassination records.

(c) All records, lists, and documents

describing the procedure by which the

agencies identified or selected

assassination records for review.

(d) Organizational charts of

government agencies.

(e) Records necessary and sufficient to

describe the agency’s:

(1) Records policies and schedules;

(2) Filing systems and organization;

and

(3) Storage facilities and locations.

§ 1400.3 Sources of assassination records

and additional records and information.

Assassination records and additional

records and information may be located

at, or under the control of, without

limitation:

(a) Agencies, offices, and entities of

the executive, legislative, and judicial

branches of the federal government;

(b) Agencies, offices, and entities of

the executive, legislative, and judicial

branches of state and local governments;

(c) Record repositories and archives of

federal, state, and local governments,

including presidential libraries;

(d) Record repositories and archives

of universities, libraries, historical

societies, and other similar

organizations;

(e) Individuals who possess such

records by virtue of service with a

government agency, office, or entity;

(f) Persons, including individuals and

corporations, who have obtained such

records from sources identified in

paragraphs (a) through (e) of this

section;

(g) Federal, state, and local courts

where such records are being held

under seal; or

(h) Foreign governments.

§ 1400.4 Types of materials included in

scope of assassination record and

additional records and information.

The term record in assassination

record and additional records and

information includes, for purposes of

interpreting and implementing the

ARCA:

(a) Papers, maps, and other

documentary material;

(b) Photographs;

(c) Motion pictures;

(d) Sound and video recordings;

(e) Machine readable information in

any form; and
7508 Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Proposed Rules

(f) Artifacts.

§ 1400.5 Requirement that assassination

records be released in their entirety.

An assassination record shall be

disclosed in its entirety except for

portions specifically postponed

pursuant to the grounds for

postponement of public disclosure of

records established in section 6 of the

ARCA, and no portions of any

assassination records shall be withheld

from public disclosure solely on

grounds of non-relevance.

§ 1400.6 Originals and copies.

(a) For purposes of determining

whether originals or copies of

assassination records may be made part

of the President John F. Kennedy

Assassination Records Collection (the

JFK Records Collection) to be

established under the ARCA:

(1) In the case of papers, maps, and

other documentary material, the

Assassination Records Review Board

(the Board) may determine that a true

and accurate copy of the original is

sufficient;

(2) In the case of photographs, the

term record means the original negative

if available, otherwise, the earliest

generation print;

(3) In the case of motion pictures, the

term record means the camera original

if available, otherwise, the earliest

generation print;

(4) In the case of sound and video

recordings, the term record means the

original recording, if available,

otherwise, the earliest generation copy;

(5) In the case of machine-readable

information, the Board may determine

that a true and accurate copy of the

original is sufficient; and

(6) Artifacts means the original object

itself.

(b) In cases where a copy, as defined

in paragraph (a) of this section is

authorized by the Board to be included

in the JFK Records Collection the Board

may, at its discretion, require a certified

copy. In cases where an original, as

defined in paragraph (a) of this section,

is required for inclusion in the JFK

Records Collection the Board may, at its

discretion, accept the best available

copy.

§ 1400.7 Additional guidance.

(a) A government agency, office, or

entity includes, for purposes of

interpreting and implementing the

ARCA, all departments, agencies,

offices, divisions, foreign offices,

bureaus, and deliberative bodies of any

federal, state, or local government and

includes all inter- or intra-agency

working groups, committees, and

meetings that possess or created records

relating to the assassination of President

John F. Kennedy.

(b) The inclusion of artifacts in the

scope of the term assassination record is

understood to apply solely for purposes

of establishing the President John F.

Kennedy Assassination Records

Collection and for fully implementing

the terms of the ARCA and has no direct

or indirect bearing on the interpretation

or implementation of any other statute

or regulation.

(c) In the case of artifacts deemed to

be assassination records and included in

the John F. Kennedy Assassination

Records Collection, provision to the

public of photographs, drawings, or

similar materials depicting the artifacts

shall be sufficient to comply with the

ARCA’s requirement that copies of

assassination records be provided to the

public upon request. Other display to or

examination by the public of artifacts in

the John F. Kennedy Assassination

Records Collection shall occur under

terms and conditions established by the

National Archives and Records

Administration that are adequate to

preserve and protect the artifacts for

posterity.

(d) The terms and, or, any, all, and the

plural and singular forms of nouns shall

be understood in their broadcast and

most inclusive sense and shall not be

understood to be terms of limitation.

Any records identified with respect to a

particular person also includes any

records for that person by any other

name, pseudonym, codeword, symbol,

number, cryptonym or alias. Any record

described with respect to an operation

or program includes any record

pertaining to that program by any other

name, pseudonym, codeword, symbol,

number or cryptonym.

§ 1400.8 Implementing the ARCA—Catalog

of Assassination Records.

(a) A Catalog of Assassination Records

(COAR) shall be created as the official

listing of all records determined by the

Board to meet the definition of

assassination record.

(b) Notice of all decisions to include

records in the COAR will be published

in the Federal Register within 30 days

of the decision.

(c) In listing records or groups of

records in the COAR, the Board must

determine that the record or group of

records will more likely than not

enhance, enrich, and broaden the

historical record of the assassination.

Dated: February 3, 1995.

David G. Marwell,

Executive Director, Assassination Records

Review Board.

[FR Doc. 95–3112 Filed 2–7–95; 8:45 am]

BILLING CODE 6820–TD–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 51 and 93

[FRL–5149–9]

Transportation Conformity Rule

Amendments: Transition to the Control

Strategy Period

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This action proposes to

permanently align the timing of certain

transportation conformity consequences

with the imposition of Clean Air Act

highway sanctions. For ozone

nonattainment areas with an incomplete

15% emissions-reduction state

implementation plan with a protective

finding; incomplete ozone attainment/

3% rate-of-progress plan; or finding of

failure to submit an ozone attainment/

3% rate-of-progress plan, and areas

whose control strategy implementation

plan for ozone, carbon monoxide,

particulate matter, or nitrogen dioxide is

disapproved with a protective finding,

the conformity status of the

transportation plan and program would

not lapse as a result of such failure until

highway sanctions for such failure are

effective under other Clean Air Act

sections.

This action would delay the lapse in

conformity status, which would

otherwise prevent approval of new

highway and transit projects, and allow

States more time to prevent the lapse by

submitting complete ozone

implementation plans.

EPA has published in the final rule

section of this Federal Register a similar

interim final rule which takes effect

immediately and applies for six months.

This proposal would apply the

provisions of the interim final rule

permanently.

DATES: Comments on this action must be

received by March 10, 1995. A public

hearing will be held at 10:30 a.m. on

February 22, 1995 in Washington, DC.

ADDRESSES: Interested parties may

submit written comments (in duplicate,

if possible) to: Air and Radiation Docket

and Information Center, U.S.

Environmental Protection Agency,

Attention: Docket No. A–95–02, 401 M

Street, SW., Washington, DC 20460.