19528 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations

of this chapter, as the Commission shall

permit or require be treated as

exogenous by rule, rule waiver, or

declaratory ruling.

* * * * *

(vi) Such tax law changes and other

extraordinary cost changes as the

Commission shall permit or require be

treated as exogenous by rule, rule

waiver, or declaratory ruling.

* * * * *

(e) The ‘‘w[(GDP–PI–X–[g/2))/(1+(g/

2))]’’ component of the PCI formula

contained in paragraph (c) of this

section shall be employed only in the

adjustment made in connection with the

annual price cap filing.

* * * * *

7. Section 61.47 is amended by

revising paragraphs (e), (g)(1), (g)(2),

(g)(4), and (h)(2) to read as follows:

§ 61.47 Adjustments to the SBI; pricing

bands.

* * * * *

(e) Pricing bands shall be established

each tariff year for each service category

and subcategory within a basket. Except

as provided in paragraphs (f), (g), and

(h) of this section, each band shall limit

the pricing flexibility of the service

category or subcategory, as reflected in

the SBI, to an annual increase of five

percent or an annual decrease of ten

percent, relative to the percentage

change in the PCI for that basket,

measured from the levels in effect on

the last day of the preceding tariff year.

* * * * *

(g) (1) Local Exchange Carriers—

Service categories and subcategories.

Local exchange carriers subject to price

cap regulation as that term is defined in

§ 61.3(w) shall use the methodology set

forth in paragraphs (a) through (d) of

this section to calculate two separate

subindexes: One for the DS1 services

offered by such carriers and the other

for the DS3 services offered by such

carriers. The annual pricing flexibility

for each of these two subindexes shall

be limited to an annual increase of five

percent or an annual decrease of ten

percent, relative to the percentage

change in the PCI for the special access

services basket, measured from the last

day of the preceding tariff year.

(2) The upper pricing band for the

tandem-switched transport service

category shall limit the annual upward

pricing flexibility for this service

category, as reflected in its SBI, to two

percent, relative to the percentage

change in the PCI for the trunking

basket, measured from the levels in

effect on the last day of the preceding

tariff year. The lower pricing band for

the tandem-switched transport service

category shall limit the annual

downward pricing flexibility for this

service category, as reflected in its SBI,

to ten percent, relative to the percentage

change in the PCI for the trunking

basket, measured from the levels in

effect on the last day of the preceding

tariff year.

* * * * *

(4) Local exchange carriers subject to

price cap regulation as that term is

defined in § 61.3(v) shall use the

methodology set forth in paragraphs (a)

through (d) of this section to calculate

a separate subindex for the 800 data

base vertical features offered by such

carriers. The annual pricing flexibility

for this subindex shall be limited to an

annual increase of five percent or an

annual decrease of ten percent, relative

to the percentage change in the PCI for

the traffic sensitive basket, measured

from the last day of the preceding tariff

year.

* * * * *

(h) * * *

(2) The annual pricing flexibility for

each of the subindexes specified in

paragraph (h)(1) of this section shall be

limited to an annual increase of five

percent or an annual decrease of fifteen

percent, relative to the percentage

change in the PCI for the trunking

basket, measured from the levels in

effect on the last day of the proceeding

tariff year.

12. Section 61.48 is amended by

revising paragraphs (h)(3)(ii)(B),

(h)(5)(i), (i)(3)(ii)(B), and (i)(4)(ii) to read

as follows:

§ 61.48 Transition rules for price cap

formula calculations.

* * * * *

(h) * * *

(3) * * *

(ii) * * *

(B) 0.90 times the SBI value for the

special access services included in the

category or subcategory on the day

preceding the transport restructure date,

weighted by the revenue weight of the

transport services included in the

category or subcategory.

* * * * *

(5) * * *

(i) The upper pricing band for the

tandem-switched transport service

category shall limit the upward pricing

flexibility for this service category, as

reflected in its SBI, to two percent,

measured from the initial restructured

rates for tandem-switched transport.

The lower pricing band for the tandemswitched transport service category

shall limit the downward pricing

flexibility for this service category, as

reflected in its SBI, to ten percent,

measured from the initial restructured

rates for tandem-switched transport.

* * * * *

(i) * * *

(3) * * *

(ii) * * *

(B) 0.85 times the SBI value for the

services included in the zone category

on the day preceding the later date,

weighted by the revenue weight of the

later services included in the zone

category.

* * * * *

(4) * * *

(ii) From the later date through the

end of the following tariff year, the

annual pricing flexibility for each of the

subindexes specified in paragraph

(i)(4)(i) of this section shall be limited

to an annual increase of five percent or

an annual decrease of fifteen percent,

relative to the percentage change in the

PCI for the trunking basket, measured

from the levels in effect on the last day

of the tariff year preceding the tariff year

in which the later date occurs.

* * * * *

[FR Doc. 95–9571 Filed 4–18–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 69

[CC Docket No. 93–6; FCC 95–94]

Safeguards To Improve Administration

of the Interstate Access Tariff and

Revenue Distribution Processes

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Federal Communications

Commission (‘‘FCC’’ or ‘‘Commission’’)

has adopted a Report and Order and

Order to Show Cause (‘‘Order’’)

adopting new rules to reform the

interstate access tariff and revenue

distribution processes administered by

the National Exchange Carrier

Association, Inc. (‘‘NECA’’). The Order

amends the rules to include five

directors from outside the local

exchange carrier (‘‘LEC’’) industry on

NECA’s Board of Directors. The Order

adopts additional measures to increase

NECA and LEC accountability to the

FCC, and strengthen NECA’s internal

operations. In addition, the Order

directs NECA to show cause why it

should not be required to amend its

incentive compensation plan to

eliminate any incentive based upon

common line or traffic sensitive pool

earnings, or that might otherwise induce

NECA officers or employees to violate

Commission requirements. The FCC

adopted this Order to assure that NECA
Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations 19529

1Safeguards to Improve the Administration of the

Interstate Access Tariff and Revenue Distribution

Processes, Notice of Proposed Rulemaking, 8 FCC

Rcd 1503, 1510, 58 FR 11203, 11204 (1993)

(Notice).

2 5 U.S.C. 601(3).

3See MTS and WATS Market Structure, 93 FCC

2d 241, 338–39 (1983).

4 5 U.S.C. 603(a).

5 47 CFR 69.116(c), 69.117(c), 69.605(a).

6Letter from Donna R. Searcy, Secretary, FCC, to

Lawrence C. Ware, Chairman of the Board of

Directors, NECA, 5 FCC Rcd 7183 (1990) (November

9 Letter).

7Ernst & Young, Review and Recommended Pool

Safeguards, AAD 91–24 (filed Dec. 9, 1991)

(Safeguards Report).

8The improvements included a new emphasis on

rule compliance, changes to NECA’s bylaws that

make NECA’s Board deliberations more systematic,

and better methods for ensuring that the data LECs

submit to NECA comply with Commission

requirements. We discuss these improvements in

subsequent portions of this Order.

9For instance, after the independent auditor

recommended that the NECA Board include

directors from outside the LEC industry, NECA

petitioned the Commission for a rule change to add

two outside director positions to its Board.

administers the interstate access tariff

and revenue distribution processes in

accordance with FCC rules.

EFFECTIVE DATE: May 19, 1995. NECA

shall submit its response to the

Commission’s order to show cause on or

before June 19, 1995.

FOR FURTHER INFORMATION CONTACT:

William A. Kehoe III, telephone number

202–418–0850, or John Hays, telephone

number 202–418–0875.

SUPPLEMENTARY INFORMATION: This is a

summary of the FCC’s Report and Order

and Order to Show Cause (‘‘Order’’) in

Safeguards to Improve the

Administration of the Interstate Access

Tariff and Revenue Distribution

Processes, FCC 95–94, CC Docket No.

93–6, adopted March 3, 1995 and

released March 8, 1995. The full text of

the Order is available for inspection and

copying during normal business hours

in the FCC Reference Center, room 239,

1919 M St., NW., Washington, DC. The

full text will be published in the FCC

Record and may also be purchased from

the Commission’s copy contractor, the

International Transcription Service, at

2100 M Street, NW., suite 140,

Washington, DC 20037, telephone

number 202–857–3800.

Regulatory Flexibility Analysis

In the Notice of Proposed

Rulemaking1 in this proceeding, the

Commission certified that the

Regulatory Flexibility Act of 1980 does

not apply to this rulemaking proceeding

because if the proposals in this

proceeding were adopted, there will not

be a significant economic impact on a

substantial number of small business

entities, as defined by section 601(3) of

the Regulatory Flexibility Act.2 Those

proposals addressed by the

administration of the interstate access

tariff and revenue distribution processes

by NECA, which is an association of

LECs. Because of the nature of local

exchange and access service, the

Commission has concluded that LECs,

including small LECs, are dominant in

their fields of operation and therefore

are not ‘‘small entities’’ as defined by

that act.3 The Secretary has sent a copy

of this Notice of Proposed Rulemaking,

including the certification, to the Chief

Counsel for Advocacy of the Small

Business Administration in accordance

with section 603(a) of that act.4

Synopsis of the Report and Order and

Order to Show Cause

The NECA is an association of LECs

established in 1984, at the direction of

the Federal Communications

Commission, to administer important

Commission programs. These programs

now include the common line (‘‘CL’’)

and traffic sensitive pools, the universal

service fund, the lifeline assistance

program, and the long term support

program. The Commission’s rules

require LECs to report revenue, cost,

and demand data to NECA so that NECA

can administer these programs in

accordance with Commission

requirements.5

In 1989 and 1990, the Common

Carrier Bureau (‘‘Bureau’’) audited

certain data that the Bell Operating

Companies (‘‘BOCs’’) had reported to

NECA’s CL pool during late 1988 and

early 1989. That audit disclosed that

several NECA directors appeared to

have participated in an attempt to

influence improperly the CL pool

earnings for 1988 by inducing certain

large LECs to report data to NECA that

were inconsistent with our accounting,

separations, and access charge rules. In

a November 9, 1990 letter to NECA,6 the

Commission expressed concern

regarding the directors’ apparent

misconduct. The Commission required

NECA to hire an independent auditor to

recommend safeguards to prevent

manipulation of NECA’s processes.

NECA hired Ernst & Young, which filed

its report on this audit with the

Commission on December 9, 1991.7 This

report acknowledged NECA’s

improvement since the Bureau audit

and recommended additional measures

to improve the interstate access tariff

and revenue distribution processes

further.8 NECA has implemented many

of the recommendations that required

no Commission action and has asked

the Commission to act when such action

was required.9

In the Notice in this Docket, the

Commission proposed to adopt those

recommendations of the independent

auditor that it found warranted

Commission action. The Commission’s

proposals focused on the composition

and operation of NECA’s Board, on the

relationship between NECA and the

Commission, and on methods for

strengthening NECA’s internal

operations. Sixteen parties filed

comments on the Notice, and five

parties replied.

In this Order, the Commission adopts

many of its proposals. To bring

independent views to NECA’s

deliberations and to help ensure that

NECA complies with Commission

requirements, the Commission changes

the composition of NECA’s Board.

Effective January 1, 1996, NECA’s Board

will consist of five directors from

outside the LEC industry, two directors

representing the BOCs, two directors

representing other LECs having annual

operating revenues in excess of $40

million, and six directors representing

LECs having annual operating revenues

of less than $40 million. These directors

will serve one-year terms, but, if they

seek reelection, must face contested

elections at least every three years. The

Commission requires that each NECA

Board committee include at least one

outside director, and eliminates

restrictions on the membership of

NECA’s CL and traffic sensitive

committees.

In the Order, the Commission

reiterates that, in preparing interstate

access tariff filings and distributing

interstate revenue, NECA must correct

any data that it reasonably believes do

not comply with our rules. To help

ensure that NECA receives complete

and accurate data from LECs, the

Commission requires that responsible

LEC officers or employees certify data

submissions to NECA. The Commission

also requires NECA to report annually to

the Commission on the results of its cost

study review process. In addition, the

Commission orders NECA to show

cause why it should not be required to

amend its incentive compensation plan

for its officers and employees to

eliminate any incentives that may

reward rule violations. The

Commission, however, declines to

require LECs that do not participate in

NECA’s pools to obtain independent

audits of their costs studies. It also

declines to require NECA to provide it

with on-line access to NECA data bases

at this time.

In taking these actions, the

Commission emphasized that it has no

wish to superintend NECA’s day-to-day

operations, and that it does not believe
19530 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations

10See 47 CFR 69.601–69.612.

that its actions intrude upon NECA’s

managerial discretion. NECA, however,

is an organization established at the

Commission’s direction, whose

structure and principal functions are

specified by Commission rules.10 The

Commission believes that, to discharge

its own responsibility to ensure the

reasonableness of interstate telephone

rates, it must ensure that NECA is

discharging its responsibilities under

the Commission’s rules.

Ordering Clauses

Accordingly, It Is Ordered, pursuant

to Sections 1, 4(i), 201–205, 218–220,

and 403 of the Communications Act of

1934, as amended, 47 U.S.C. 151, 154(i),

201–05, 218–20, and 403, that Part 69 of

the Commission’s rules, 47 CFR Part 69,

IS AMENDED, as specified below.

It Is Further Ordered, pursuant to

Sections 1, 4(i), 201–205, 218–220, and

403 of the Communications Act of 1934,

as amended, 47 U.S.C. 151, 154(i), 201–

05, 218–20, and 403, that NECA shall

file an annual report as specified in

paragraphs 64 and 65 of the Report and

Order.

It Is Further Ordered, pursuant to

Sections 1, 4(i), 201–205, 218–220, and

403 of the Communications Act of 1934,

as amended, 47 U.S.C. 151, 154(i), 201–

05, 218–20, and 403, that NECA shall

show cause why it should not be

required to amend its incentive

compensation plan to eliminate any

incentive based upon common line or

traffic sensitive pool earnings or that

might otherwise induce NECA officers

or employees to violate Commission

requirements.

It Is Further Ordered, pursuant to

Sections 1, 4(i), 201–205, 218–220, and

403 of the Communications Act of 1934,

as amended, 47 U.S.C. 151, 154(i), 201–

05, 218–20, and 403, that, pending

further Commission order, NECA shall

not make any incentive payments based

on the rates of return earned by the

common line or traffic sensitive pools.

List of Subjects in 47 CFR Part 69

Access charges, Telephone.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Amendments

Part 69 of Title 47 of the CFR is

amended as follows:

PART 69—ACCESS CHARGES

1. The authority citation for part 69

continues to read as follows:

Authority: Secs. 4, 201, 202, 203, 205, 218,

403, 48 Stat. 1066, 1070, 1072, 1077, 1094,

as amended, 47 U.S.C. 154, 201, 202, 203,

205, 218, 403.

2. Section 69.601 is amended by

adding a new paragraph (c) to read as

follows:

§ 69.601 Exchange carrier association.

* * * * *

(c) All data submissions to the

association required by this Title shall

be accompanied by the following

certification statement signed by the

officer or employee responsible for the

overall preparation for the data

submission:

Certification

I am (title of certifying officer or

employee). I hereby certify that I have overall

responsibility for the preparation of all data

in the attached data submission for (name of

carrier) and that I am authorized to execute

this certification. Based on information

known to me or provided to me by

employees responsible for the preparation of

the data in this submission, I hereby certify

that the data have been examined and

reviewed and are complete, accurate, and

consistent with the rules of the Federal

Communications Commission.

Date: llllllllllllllllll

Name: lllllllllllllllll

Title: llllllllllllllllll

(Persons making willful false statements in

this data submission can be punished by fine

or imprisonment under the provisions of the

U.S. Code, Title 18, Section 1001).

3. Section 69.602 is revised to read as

follows:

§ 69.602 Board of directors.

(a) For purposes of this section, the

association membership shall be

divided into three subsets:

(1) The first subset shall consist of the

telephone companies owned and

operated by the seven Regional Bell

Holding Companies;

(2) The second subset shall consist of

all other telephone companies with

annual operating revenues in excess of

forty million dollars;

(3) The third subset shall consist of all

other telephone companies. All

commonly controlled companies shall

be deemed to be one company for

purposes of this section.

(b) There shall be fifteen directors of

the association.

(c) Until 1996, three directors shall

represent the first subset, three directors

shall represent the second subset, and

nine directors shall represent the third

subset. In 1996 and thereafter, two

directors shall represent the first subset,

two directors shall represent the second

subset, six directors shall represent the

third subset, and five directors shall

represent all three subsets.

(d) No director who represents all

three subsets shall be a current or

former officer or employee of the

association or of any association

member, or have a business relationship

or other interest that could interfere

with his or her exercise of independent

judgment.

(e) Each subset shall select the

directors who will represent it

individually through an annual election

in which each member of the subset

shall be entitled to vote for the number

of directors that will represent such

members’ subset.

(f) The association membership shall

select the directors for the following

calendar year who will represent all

three subsets through an annual election

in which each member of the

association shall be entitled to one vote

for each director position. There shall be

at least two candidates meeting the

qualifications in paragraph (d) of this

section for each such director position:

(1) In any election in which the most

recently elected director for such

position is not a qualified candidate;

(2) If there has been no election for

such position having more than one

qualified candidate during the present

and the two preceding calendar years;

and

(3) In any election for which the ballot

lists two or more qualified candidates.

(g) At least one director representing

all three subsets shall be a member of

each committee of association directors.

(h) For each access element or group

of access elements for which voluntary

pooling is permitted, there shall be a

committee that is responsible for the

preparation of charges for the associated

access elements that comply with all

applicable sections in this part.

(i) Directors shall serve for a term of

one year commencing January 1 and

concluding on December 31 of each

year.

4. Section 69.605 is amended by

adding a new paragraph (e) to read as

follows:

§ 69.605 Reporting and distribution of pool

access revenues.

* * * * *

(e) The association shall submit a

report on or before February 1 of each

calendar year describing the

association’s cost study review process

for the preceding calendar year as well

as the results of that process. For any

revisions to cost study results made or

recommended by the association that

would change the respective carrier’s

calculated annual common line or

traffic sensitive revenue requirement by

ten percent or more, the report shall

include the following information:
Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations 19531

(1) The name of the carrier;

(2) A detailed description of the

revisions;

(3) The amount of the revisions;

(4) The impact of the revisions on the

carrier’s calculated common line and

traffic sensitive revenue requirements;

and

(5) The carrier’s total annual common

line and traffic sensitive revenue

requirement.

[FR Doc. 95–9575 Filed 4–18–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 73

[MM Docket No. 94–66; RM–8469]

Radio Broadcasting Services; Tyler,

Fairfield and Commerce, TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Gleiser Communications, Inc.,

substitutes Channel 221C3 for Channel

221A at Tyler, Texas, and modifies the

license of Station KDOK(FM) to specify

operation on the higher powered

channel. To accommodate the upgrade

at Tyler, the Commission also

substitutes Channel 256A for Channel

221A at Fairfield, Texas, and Channel

277A for Channel 221A at Commerce,

Texas; and modifies the licenses of

Station KNES(FM) and KEMM(FM),

respectively, to reflect the change in

channels. See 59 FR 3589, July 14, 1994,

and Supplemental Information, infra.

With this action, this proceeding is

terminated.

EFFECTIVE DATE: May 29, 1995.

FOR FURTHER INFORMATION CONTACT:

Pamela Blumenthal, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 94–66,

adopted April 6, 1995, and released

April 14, 1995. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW,

Washington, D.C. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

ITS, Inc., (202) 857–3800, 2100 M

Street, NW, Suite 140, Washington, D.C.

20037.

The following channels can be

allotted to the noted communities in

compliance with the Commission’s

minimum distance separation

requirements. Channel 221C3 can be

allotted to Tyler with a site restriction

of 1.6 kilometers (1.0 miles) west to

accommodate Gleiser’s desired site. The

coordinates for Channel 221C3 at Tyler

are 32–20–42 and 95–19–08. Channels

256A and Channel 277A can be allotted

to Fairfield and Commerce, respectively,

at the transmitter sites specified in

Stations KNES(FM) and KEMM(FM)’s

licenses. The coordinates for Channel

256A at Fairfield, Texas, are 31–41–52

and 96–09–44. The coordinates for

Channel 277A at Commerce, Texas, are

33–11–40 and 96–01–20.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303. 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Texas, is amended by

removing Channel 221A and adding

Channel 221C3 at Tyler; by removing

221A and adding Channel 256A at

Fairfield; and by removing Channel

221A and adding Channel 277A at

Commerce.

Federal Communications Commission.

John A Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–9628 Filed 4–18–95; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF DEFENSE

48 CFR Parts 225 and 252

Defense Federal Acquisition

Regulation Supplement; Restriction on

Procurement of Goods

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

comment.

SUMMARY: The Director of Defense

Procurement has issued an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to revise the existing foreign

source restrictions for machine tools

and valves, buses, chemical weapons

antidote, air circuit breakers, and

antifriction bearings, by uniformly

permitting acquisition of Canadian

items, expanding and standardizing the

waiver criteria, and exempting

acquisitions below the simplified

acquisition threshold from these

restrictions.

DATES: Effective date: April 10, 1995.

Comment date: Comments on the

interim rule should be submitted in

writing to the address below on or

before June 19, 1995, to be considered

in the formulation of the final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

Ms. Amy Williams,

PDUSD(A&T)DP(DAR), IMD 3D139,

3062 Defense Pentagon, Washington, DC

20301–3062. Telefax number (703) 602–

0350. Please cite DFARS Case 94–D314

in all correspondence related to this

issue.

FOR FURTHER INFORMATION CONTACT:

Ms. Amy Williams, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

This interim DFARS rule implements

10 U.S.C. 2534 as amended by Section

814 of the Fiscal Year 1995 Defense

Authorization Act (Pub. L. 103–337) and

Section 4102(i) of the Federal

Acquisition Streamlining Act of 1994

(Pub. L. 103–355). Section 814 revises

the existing foreign source restrictions

for machine tools and valves, buses,

chemical weapons, antidote, air circuit

breakers, and antifriction bearings, by

uniformly permitting acquisition of

Canadian items, and by expanding and

standardizing the waiver criteria.

Section 4102(i) exempts acquisitions

below the simplified acquisition

threshold from these restrictions.

B. Regulatory Flexibility Act

The interim rule may have a

significant economic impact on a

substantial number of small entities

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601, et seq.,

because the rule expands the conditions

under which non-U.S. products may be

acquired. An Initial Regulatory

Flexibility Analysis (IFRA) has been

prepared and may be obtained from the

address specified herein. A copy of the

IRFA has been submitted to the Chief

Counsel for Advocacy of the Small

Business Administration. Comments are

invited from small businesses and other

interested parties. Comments from small

entities concerning the affected subparts

will be considered in accordance with

Section 610 of the Act. Such comments

must be submitted separately and cite

DFARS Case 94–D314 in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the rule does not

impose any additional information

collection requirements which require

the approval of the Office of