Federal Register / Vol. 68, No. 229 / Friday, November 28, 2003 / Rules and Regulations 66703

DEPARTMENT OF COMMERCE

National Institute of Standards and 

Technology 

15 CFR Part 270

[Docket No. 030421094–3094–01] 

RIN 0693–AB53

Procedures for Implementation of the 

National Construction Safety Team Act

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce.

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Director of the National 

Institute of Standards and Technology 

(NIST), Technology Administration, 

United States Department of Commerce, 

requests comments on an interim final 

rule pertaining to the implementation of 

the National Construction Safety Team 

Act (‘‘Act’’). The interim final rule 

clarifies NIST’s role in recommending 

improvements to building codes, 

standards, and practices, and clarifies 

the relationship between investigations 

conducted under the Act and criminal 

investigations of the same building 

failure. The interim final rule also 

establishes procedures regarding the 

establishment and deployment of 

National Construction Safety Teams 

(‘‘Teams’’) and for the conduct of 

investigations under the Act.

DATES: This interim rule is effective 

November 28, 2003. Comments must be 

received no later than December 29, 

2003.

ADDRESSES: Comments on the interim 

final rule regulations must be submitted 

to: Dr. James E. Hill, Acting Director, 

Building and Fire Research Laboratory, 

National Institute of Standards and 

Technology, Mail Stop 8600, 

Gaithersburg, MD 20899–8600, 

telephone number (301) 975–5900.

FOR FURTHER INFORMATION CONTACT: Dr. 

James E. Hill, Acting Director, Building 

and Fire Research Laboratory, National 

Institute of Standards and Technology, 

Mail Stop 8600, Gaithersburg, MD 

20899–8600, telephone number (301) 

975–5900.

SUPPLEMENTARY INFORMATION: 

Background 

The National Construction Safety 

Team Act, Pub. L. 107–231, was enacted 

to provide for the establishment of 

investigative teams (‘‘Teams’’) to assess 

building performance and emergency 

response and evacuation procedures in 

the wake of any building failure that has 

resulted in substantial loss of life or that 

posed significant potential of substantial 

loss of life. The purpose of 

investigations by Teams is to improve 

the safety and structural integrity of 

buildings in the United States. A Team 

will (1) establish the likely technical 

cause or causes of the building failure; 

(2) evaluate the technical aspects of 

evacuation and emergency response 

procedures; (3) recommend, as 

necessary, specific improvements to 

building standards, codes, and practices 

based on the findings made pursuant to 

(1) and (2); and (4) recommend any 

research and other appropriate actions 

needed to improve the structural safety 

of buildings, and improve evacuation 

and emergency response procedures, 

based on the findings of the 

investigation. Section 2(c)(1) of the Act 

requires that the Director develop 

procedures for certain activities to be 

carried out under the Act as follows: 

Regarding conflicts of interest related to 

service on a Team; defining the 

circumstances under which the Director 

will establish and deploy a Team; 

prescribing the appropriate size of 

Teams; guiding the disclosure of 

information under section 7 of the Act; 

guiding the conduct of investigations 

under the Act; identifying and 

prescribing appropriate conditions for 

provision by the Director of additional 

resources and services Teams may need; 

to ensure that investigations under the 

Act do not impede and are coordinated 

with any search and rescue efforts being 

undertaken at the site of the building 

failure; for regular briefings of the 

public on the status of the investigative 

proceedings and findings; guiding the 

Teams in moving and preserving 

evidence; providing for coordination 

with Federal, State, and local entities 

that may sponsor research or 

investigations of building failures; and 

regarding other issues. 

NIST published an interim final rule 

with a request for public comments in 

the Federal Register on January 30, 

2003 (68 FR 4693), seeking public 

comment on general provisions 

regarding implementation of the Act 

and on provisions establishing 

procedures for the collection and 

preservation of evidence obtained and 

the protection of information created as 

part of investigations conducted 

pursuant to the Act, including guiding 

the disclosure of information under 

section 7 of the Act (§§ 270.350, 

270.351, and 270.352) and guiding the 

Teams in moving and preserving 

evidence (§ 270.330). These general 

provisions and procedures, comprising 

Subparts A and D of the rule, are 

necessary to the conduct of the 

investigation of the World Trade Center 

disaster, already underway, and became 

effective immediately upon publication. 

The comment period closed on March 3, 

2003. On May 7, 2003, NIST published 

a final rule in the Federal Register (68 

FR 24343), addressing the comments 

received. 

The interim final rule amends section 

270.1, Description of rule; purpose, 

applicability, of the final rule to clarify 

NIST’s role in recommending 

improvements to building codes, 

standards, and practices and to clarify 

the relationship between investigations 

conducted under the Act and criminal 

investigations of the same building 

failure. This interim final rule also 

amends the definition of Credentials, 

contained in section 270.2, to clarify 

that credentials are issued by the 

Director of NIST and to better define the 

term. This interim final rule also sets 

forth procedures regarding conflicts of 

interest related to service on a Team 

(section 270.106); defining the 

circumstances under which the Director 

will establish and deploy a Team 

(section 270.102); prescribing the 

appropriate size of Teams (section 

270.104); guiding the conduct of 

investigations under the Act (section 

270.200); identifying and prescribing 

appropriate conditions for provision by 

the Director of additional resources and 

services Teams may need (section 

270.204); to ensure that investigations 

under the Act do not impede and are 

coordinated with any search and rescue 

efforts being undertaken at the site of 

the building failure (section 270.202); 

for regular briefings of the public on the 

status of the investigative proceedings 

and findings (section 270.206); 

providing for coordination with Federal, 

State, and local entities that may 

sponsor research or investigations of 

building failures (section 270.203); and 

regarding other issues. This interim 

final rule also amends section 270.313, 

Requests for Evidence, to clarify that 

collections of evidence under that 

section are investigatory in nature and 

are not research. 

Research for Public Comment:

Persons interested in commenting on 

the interim final rule should submit 

their comments in writing to the above 

address. All comments received in 

response to this notice will become part 

of the public record and will be 

available for inspection and copying at 

the Department of Commerce Central 

Reference and Records Inspection 

facility, room 6228, Hoover Building, 

Washington, DC 20230. 

66704 Federal Register / Vol. 68, No. 229 / Friday, November 28, 2003 / Rules and Regulations 

Additional Information 

Executive Order 12866

This rule has been determined not to 

be significant under section 3(f) of 

Executive Order 12866. 

Executive Order 12612

This rule does not contain policies 

with Federalism implications sufficient 

to warrant preparation of a Federalism 

assessment under Executive Order 

12612. 

Administrative Procedure Act

Prior notice and an opportunity for 

public comment are not required for this 

rule of agency organization, procedure, 

or practice. 5 U.S.C. 553(b)(A). 

However, NIST feels it important to seek 

public comment on the issues addressed 

in this rule. 

Regulatory Flexibility Act 

Because notice and comment are not 

required under 5 U.S.C. 553, or any 

other law, the analytical requirements of 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.) are inapplicable. As such, a 

regulatory flexibility analysis is not 

required, and none has been prepared. 

Paperwork Reduction Act 

Notwithstanding any other provision 

of the law, no person is required to, nor 

shall any person be subject to penalty 

for failure to comply with, a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act, unless that collection of 

information displays a currently valid 

OMB Control Number. 

There are no collections of 

information involved in this 

rulemaking. 

National Environmental Policy Act 

This rule will not significantly affect 

the quality of the human environment. 

Therefore, an environmental assessment 

or Environmental Impact Statement is 

not required to be prepared under the 

National Environmental Policy Act of 

1969.

List of Subjects in 15 CFR Part 270

Administrative practice and 

procedure; investigations; buildings and 

facilities; evidence; subpoena.

Dated: November 21, 2003. 

Arden L. Bement, Jr., 

Director.

■ For the reasons set forth in the 

preamble, the National Institute of 

Standards and Technology amends 15 

CFR Part 270 as follows:

PART 270—NATIONAL 

CONSTRUCTION SAFETY TEAMS

■ 1. The authority citation for Part 270 as 

follows:

Authority: Pub. L. 107–231, 116 Stat. 1471 

(15 U.S.C. 7301 et seq.).

■ 2. Section 270.1 is amended by 

revising paragraph (b) to read as follows:

§ 2701. Description of rule; purpose, 

applicability.

* * * * *

(b)(1) The purpose of investigations 

by Teams is to improve the safety and 

structural integrity of buildings in the 

United States. The role of NIST in 

implementing the Act is to understand 

the factors contributing to the building 

failure and to develop recommendations 

for improving national building and fire 

model codes, standards, and practices. 

To do this, the Teams produce technical 

reports containing data, findings, and 

recommendations for consideration by 

private sector bodies responsible for the 

affected national building and fire 

model code, standard, or practice. While 

NIST is an active participant in many of 

these organizations, NIST’s 

recommendations are one of many 

factors considered by these bodies. NIST 

is not now and will not become a 

participant in the processes and 

adoption of practices, standards, or 

codes by state or local regulatory 

authorities.

(2) It is not NIST’s role to determine 

whether a failed building resulted from 

a criminal act, violated any applicable 

federal requirements or state or local 

code or regulatory requirements, or to 

determine any culpability associated 

therewith. These are matters for other 

federal, state, or local authorities, who 

enforce their regulations.

* * * * *

■ 3. Section 270.2 is amended by 

revising the definition of Credentials to 

read as follows:

§ 270.2 Definitions used in this part.

* * * * *

Credentials. Credentials issued by the 

Director, identifying a person as a 

member of a National Construction 

Safety Team, including photo 

identification and other materials, 

including badges, deemed appropriate 

by the Director.

* * * * *

■ 4. Add new subparts B and C to read 

as follows:

Subpart B—Establishment and Deployment 

of Teams 

270.100 General. 

270.101 Preliminary reconnaissance. 

270.102 Conditions for establishment and 

deployment of a team. 

270.103 Publication in the Federal Register. 

270.104 Size and composition of a team. 

270.105 Duties of a team. 

270.106 Conflicts of interest related to 

service on a team.

Subpart C—Investigations 

270.200 Technical conduct of investigation. 

270.201 Priority of investigation. 

270.202 Coordination with search and 

rescue efforts. 

270.203 Coordination with Federal, State, 

and local entities. 

270.204 Provision of additional resources 

and services needed by a team. 

270.205 Reports. 

270.206 Public briefings and requests for 

information.

Subpart B—Establishment and 

Deployment of Teams

§ 270.100 General. 

(a) Historically, in the United States 

building failures from fire, earthquake, 

hurricanes, tornadoes, and other 

disasters that have ‘‘resulted in 

substantial loss of life or that posed 

significant potential for substantial loss 

of life’’ have occurred at a frequency of 

less than once per year. It is expected 

that this pattern is likely to continue in 

the future. Acts of terrorism causing a 

building failure may occur at any time. 

(b) For purposes of this part, a 

building failure may involve one or 

more of the following: structural system, 

fire protection (active or passive) 

system, air-handling system, and 

building control system. Teams 

established under the Act and this part 

will investigate these technical causes of 

building failures and will also 

investigate the technical aspects of 

evacuation and emergency response 

procedures, including multipleoccupant behavior or evacuation (egress 

or access) system, emergency response 

system, and emergency communication 

system. 

(c) For purposes of this part, the 

number of fatalities considered to be 

‘‘substantial’’ will depend on the nature 

of the event, its impact, its unusual or 

unforeseen character, historical norms, 

and other pertinent factors.

§ 270.101 Preliminary reconnaissance. 

(a) To the extent the Director deems 

it appropriate, the Director may conduct 

a preliminary reconnaissance at the site 

of a building failure. The Director may 

establish and deploy a Team to conduct 

the preliminary reconnaissance, as 

described in § 270.102 of this subpart, or 

may have information gathered at the 

site of a building failure without 

establishing a Team. 

(b) If the Director establishes and 

deploys a Team to conduct the 

Federal Register / Vol. 68, No. 229 / Friday, November 28, 2003 / Rules and Regulations 66705

preliminary reconnaissance, the Team 

shall perform all duties pursuant to 

section 2(b)(2) of the Act, and may 

perform all activities that Teams are 

authorized to perform under the Act and 

these procedures, including gathering 

and preserving evidence. At the 

completion of the preliminary 

reconnaissance, the Team will report its 

findings to the Director in a timely 

manner. The Director may either 

determine that the Team should 

conduct further investigation, or may 

direct the Team to prepare its public 

report immediately. 

(c) If the preliminary reconnaissance 

is conducted without the establishment 

of a Team, the leader of the initial 

assessment will report his/her findings 

to the Director in a timely manner. The 

Director will decide whether to 

establish a Team and conduct an 

investigation using the criteria 

established in § 270.102 of this subpart.

§ 270.102 Conditions for establishment 

and deployment of a Team.

(a) The Director may establish a Team 

for deployment after an event that 

caused the failure of a building or 

buildings that resulted in substantial 

loss of life or posed significant potential 

for substantial loss of life. The Director 

will determine the following prior to 

deploying a Team: 

(1) The event was any of the 

following: 

(i) A major failure of one or more 

buildings or types of buildings due to an 

extreme natural event (earthquake, 

hurricane, tornado, flood, etc.); 

(ii) A fire that resulted in major 

damage or destruction of the building of 

origin, and/or that spread beyond the 

building of origin; 

(iii) A major building failure at 

significantly less than its design basis, 

during construction, or while in active 

use; or 

(iv) An act of terrorism or other event 

resulting in a Presidential declaration of 

disaster and activation of the Federal 

Response Plan; and 

(2) A fact-finding investigation of the 

building performance and emergency 

response and evacuation procedures 

will likely result in significant and new 

knowledge or building code revision 

recommendations needed to reduce 

public risk and economic losses from 

future building failures. 

(b) In making the determinations 

pursuant to paragraph (a) of this section, 

the Director will consider the following: 

(1) Whether sufficient financial and 

personnel resources are available to 

conduct an investigation; and 

(2) Whether an investigation of the 

building failure warrants the advanced 

capabilities and experiences of a Team; 

and 

(3) If the technical cause of the failure 

is readily apparent, whether an 

investigation is likely to result in 

relevant knowledge other than 

reaffirmation of the technical cause; and 

(4) Whether deployment of a Team 

will substantially duplicate local or 

state resources equal in investigatory 

and analytical capability and quality to 

a Team; and 

(5) Recommendations resulting from a 

preliminary reconnaissance of the site of 

the building failure. 

(c) To the maximum extent 

practicable, the Director will establish 

and deploy a Team within 48 hours 

after such an event.

§ 270.103 Publication in the Federal 

Register. 

The Director will promptly publish in 

the Federal Register notice of the 

establishment of each Team.

§ 270.104 Size and composition of a team. 

(a) Size of a Team. The size of a Team 

will depend upon the likely scope and 

complexity of the investigation. A Team 

may consist of five or less members if 

the investigation is narrowly focused, or 

a Team may consist of twenty or more 

members divided into groups if the 

breadth of the investigation spans a 

number of technical issues. In addition, 

Teams may be supported by others at 

NIST, in other federal agencies, and in 

the private sector, who may conduct 

supporting experiments, analysis, 

interviews witnesses, and/or examine 

the response of first responders, 

occupants, etc. 

(b) Composition of a Team. (1) A 

Team will be composed of individuals 

selected by the Director and led by a 

Lead Investigator designated by the 

Director. 

(2) The Lead Investigator will be a 

NIST employee, selected based on his/

her technical qualifications, ability to 

mobilize and lead a multi-disciplinary 

investigative team, and ability to deal 

with sensitive issues and the media. 

(3) Team members will include at 

least one employee of NIST and will 

include experts who are not employees 

of NIST, who may include private sector 

experts, university experts, 

representatives of professional 

organizations with appropriate 

expertise, and appropriate Federal, 

State, or local officials. 

(4) Team members who are not 

Federal employees will be Federal 

Government contractors. 

(5) Teams may include members who 

are experts in one or more of the 

following disciplines: civil, mechanical, 

fire, forensic, safety, architectural, and 

materials engineering, and specialists in 

emergency response, human behavior, 

and evacuation. 

(c) Duration of a Team. A Team’s term 

will end 3 months after the Team’s final 

public report is published, but the term 

may be extended or terminated earlier 

by the Director.

§ 270.105 Duties of a team. 

(a) A Team’s Lead Investigator will 

organize, conduct, and control all 

technical aspects of the investigation, 

up to and including the completion of 

the final investigation public report and 

any subsequent actions that may be 

required. The Lead Investigator has the 

responsibility and authority to supervise 

and coordinate all resources and 

activities of NIST personnel involved in 

the investigation. The Lead Investigator 

may be the Contracting Officer’s 

Technical Representative (COTR) on 

any contract for service on the Team or 

in support of the Team; while the COTR 

remains the technical representative of 

the Contracting Officer for purposes of 

contract administration, the Lead 

Investigator will oversee all NIST 

personnel acting as COTRs for contracts 

for service on the Team or in support of 

the Team. The Lead Investigator’s duties 

will terminate upon termination of the 

Team. The Lead Investigator will keep 

the Director and the NCST Advisory 

Committee informed about the status of 

investigations. 

(b) A Team will: 

(1) Establish the likely technical cause 

or causes of the building failure; 

(2) Evaluate the technical aspects of 

evacuation and emergency response 

procedures; 

(3) Recommend, as necessary, specific 

improvements to building standards, 

codes, and practices based on the 

findings made pursuant to paragraphs 

(b)(1) and (b)(2) of this section; 

(4) Recommend any research and 

other appropriate actions needed to 

improve the structural safety of 

buildings, and improve evacuation and 

emergency response procedures, based 

on the findings of the investigation; and 

(5) Not later than 90 days after 

completing an investigation, issue a 

public report in accordance with 

§ 270.205 of this subpart. 

(c) In performing these duties, a Team 

will: 

(1) Not interfere unnecessarily with 

services provided by the owner or 

operator of the buildings, building 

components, materials, artifacts, 

property, records, or facility; 

(2) Preserve evidence related to the 

building failure consistent with the 

ongoing needs of the investigation; 

66706 Federal Register / Vol. 68, No. 229 / Friday, November 28, 2003 / Rules and Regulations 

(3) Preserve evidence related to a 

criminal act that may have caused the 

building failure; 

(4) Not impede and coordinate its 

investigation with any search and 

rescue efforts being undertaken at the 

site of the building failure;

(5) Coordinate its investigation with 

qualified researchers who are 

conducting engineering or scientific 

research (including social science) 

relating to the building failure; 

(6) Cooperate with State and local 

authorities carrying out any activities 

related to a Team’s investigation; 

(d) In performing these duties, in a 

manner consistent with the procedures 

set forth in this part, a Team may: 

(1) Enter property where a building 

failure being investigated has occurred 

and take necessary, appropriate, and 

reasonable action to carry out the duties 

described in paragraph (b) of this 

section; 

(2) Inspect any record, process, or 

facility related to the investigation 

during reasonable hours; 

(3) Inspect and test any building 

components, materials, and artifacts 

related to the building failure; and 

(4) Move records, components, 

materials, and artifacts related to the 

building failure.

§ 270.106 Conflicts of interest related to 

service on a Team. 

(a) Team members who are not 

Federal employees will be Federal 

Government contractors. 

(b) Contracts between NIST and Team 

members will include appropriate 

provisions to ensure that potential 

conflicts of interest that arise prior to 

award or during the contract are 

identified and resolved.

Subpart C—Investigations

§ 270.200 Technical conduct of 

investigation. 

(a) Preliminary reconnaissance. (1) An 

initial assessment of the event, 

including an initial site reconnaissance, 

if deemed appropriate by the Director, 

will be conducted. This assessment will 

be done within a few hours of the event, 

if possible. The Director may establish 

and deploy a Team to conduct the 

preliminary reconnaissance, using the 

criteria established in § 270.102 of this 

part, or may have information gathered 

at the site of a building failure without 

establishing a Team. 

(2) If the Director establishes and 

deploys a Team to conduct the 

preliminary reconnaissance, the Team 

shall perform all duties pursuant to 

section 2(b)(2) of the Act, and may 

perform all activities that Teams are 

authorized to perform under the Act and 

these procedures, with a focus on 

gathering and preserving evidence, 

inspecting the site of the building 

failure, and interviewing of 

eyewitnesses, survivors, and first 

responders. Collections of evidence by a 

Team established for preliminary 

reconnaissance are investigatory in 

nature and will not be considered 

research for any purpose. At the 

completion of the preliminary 

reconnaissance, the Team will report its 

findings to the Director in a timely 

manner. The Director may either 

determine that the Team should 

conduct further investigation, or may 

direct the Team to immediately prepare 

the public report as required by section 

8 of the Act. 

(3) If the preliminary reconnaissance 

is conducted without the establishment 

of a Team, the leader of the initial 

assessment will report his/her findings 

to the Director in a timely manner. The 

Director will decide whether to 

establish a team and conduct an 

investigation using the criteria 

established in § 270.102 of this part. 

(b) Investigation plan. (1) If the 

Director establishes a Team without 

ordering preliminary reconnaissance, 

establishes a Team after preliminary 

reconnaissance, or establishes a Team to 

conduct preliminary reconnaissance 

and subsequently determines that 

further investigation is necessary prior 

to preparing the public report required 

by section 8 of the Act, the Director, or 

his/her designee, will formulate a plan 

that includes: 

(i) A brief description of the building 

failure; 

(ii) The criteria upon which the 

decision to conduct the investigation 

was based; 

(iii) Supporting effort(s) by other 

organizations either in place or expected 

in the future; 

(iv) Identification of the Lead 

Investigator and Team members; 

(v) The technical investigation plan; 

(vi) Site, community, and local, state, 

and Federal agency liaison status; and 

(vii) Estimated duration and cost. 

(2) To the extent practicable, the 

Director will include the most 

appropriate expertise on each Team 

from within NIST, other government 

agencies, and the private sector. The 

NCST Advisory Committee may be 

convened as soon as feasible following 

the launch of an investigation to provide 

the Director the benefit of its advice on 

investigation Team activities. 

(c) Investigation. (1) The duration of 

an investigation that proceeds beyond 

preliminary reconnaissance will be as 

little as a few months to as long as a few 

years depending on the complexity of 

the event. 

(2) Tasks that may be completed 

during investigations that proceed 

beyond preliminary reconnaissance 

include: 

(i) Consult with experts in building 

design and construction, fire protection 

engineering, emergency evacuation, and 

members of other investigation teams 

involved in the event to identify 

technical issues and major hypotheses 

requiring investigation. 

(ii) Collect data from the building(s) 

owner and occupants, local authorities, 

and contractors and suppliers. Such 

data will include relevant building and 

fire protection documents, records, 

video and photographic data, field data, 

and data from interviews and other oral 

and written accounts from building 

occupants, emergency responders, and 

other witnesses. 

(iii) Collect and analyze physical 

evidence, including material samples 

and other forensic evidence, to the 

extent they are available. 

(iv) Determine the conditions in the 

building(s) prior to the event, which 

may include the materials of 

construction and contents; the location, 

size, and condition of all openings that 

may have affected egress, entry, and fire 

conditions (if applicable); the installed 

security and/or fire protection systems 

(if applicable); the number of occupants 

and their approximate locations at the 

time of the event. 

(v) Reconstruct the event within the 

building(s) using computer models to 

identify the most probable technical 

cause (or causes) of the failure and the 

uncertainty(ies) associated with it 

(them). Such models may include initial 

damage, blast effects, pre-existing 

deficiencies and phenomena such as fire 

spread, smoke movement, tenability, 

occupant behavior and response, 

evacuation issues, cooperation of 

security and fire protection systems, and 

building collapse. 

(vi) Conduct small and full-scale 

experiments to provide additional data 

and verify the computer models being 

used. 

(vii) Examine the impact of alternate 

building/system/equipment design and 

use on the survivability of the building 

and its occupants.

(viii) Analyze emergency evacuation 

and occupant responses to better 

understand the actions of the first 

responders and the impediments to safe 

egress encountered by the occupants. 

(ix) Analyze the relevant building 

practices to determine the extent to 

which the circumstances that led to this 

building failure have regional or 

national implications.

Federal Register / Vol. 68, No. 229 / Friday, November 28, 2003 / Rules and Regulations 66707

(x) Identify specific areas in building 

and fire codes, standards, and building 

practices that may warrant revisions 

based on investigation findings. 

(xi) Identify research and other 

appropriate actions required to help 

prevent future building failures. 

(d) If a disaster site contains multiple 

building failures, the Director will 

narrow the scope of the investigation 

plan taking into account available 

financial and personnel resources, and 

giving priority to failures offering the 

most opportunity to advance the safety 

of building codes. The Director may 

consider the capabilities of NIST in 

establishing priorities.

§ 270.201 Priority of investigation. 

(a) General. Except as provided in this 

section, a Team investigation will have 

priority over any other investigation of 

any other Federal agency. 

(b) Criminal acts. (1) If the Attorney 

General, in consultation with the 

Director, determines, and notifies the 

Director that circumstances reasonably 

indicate that the building failure being 

investigated by a Team may have been 

caused by a criminal act, the Team will 

relinquish investigative priority to the 

appropriate law enforcement agency. 

(2) If a criminal investigation of the 

building failure being investigated by a 

Team is initiated at the state or local 

level, the Team will relinquish 

investigative priority to the appropriate 

law enforcement agency. 

(3) The relinquishment of 

investigative priority by the Team will 

not otherwise affect the authority of the 

Team to continue its investigation under 

the Act. 

(c) National Transportation Safety 

Board. If the National Transportation 

Safety Board is conducting an 

investigation related to an investigation 

of a Team, the National Transportation 

Safety Board investigation will have 

priority over the Team investigation. 

Such priority will not otherwise affect 

the authority of the Team to continue its 

investigation under the Act. 

(d) Although NIST will share any 

evidence of criminal activity that it 

obtains in the course of an investigation 

under the Act with the appropriate law 

enforcement agency, NIST will not 

participate in the investigation of any 

potential criminal activity.

§ 270.202 Coordination with search and 

rescue efforts. 

NIST will coordinate its investigation 

with any search and rescue or search 

and recovery efforts being undertaken at 

the site of the building failure, including 

local FEMA offices and local emergency 

response groups. Upon arrival at a 

disaster site, the Lead Investigator will 

identify the lead of the search and 

rescue operations and will work closely 

with that person to ensure coordination 

of efforts.

§ 270.203 Coordination with Federal, State, 

and local entities. 

NIST will enter into Memoranda of 

Understanding with Federal, State, and 

local entities, as appropriate, to ensure 

the coordination of investigations.

§ 270.204 Provision of additional 

resources and services needed by a team. 

The Director will determine the 

appropriate resources that a Team will 

require to carry out its investigation and 

will ensure that those resources are 

available to the Team.

§ 270.205 Reports. 

(a) Not later than 90 days after 

completing an investigation, a Team 

shall issue a public report which 

includes: 

(1) An analysis of the likely technical 

cause or causes of the building failure 

investigated; 

(2) Any technical recommendations 

for changes to or the establishment of 

evacuation or emergency response 

procedures; 

(3) Any recommended specific 

improvements to building standards, 

codes, and practices; and 

(4) Recommendations for research and 

other appropriate actions needed to help 

prevent future building failures. 

(b) A Team that is directed to prepare 

its public report immediately after 

conducting a preliminary 

reconnaissance will issue a public 

report not later than 90 days after 

completion of the preliminary 

reconnaissance. The public report will 

be in accordance with paragraph (a) of 

this section, but will be summary in 

nature. 

(c) A Team that continues to conduct 

an investigation after conducting a 

preliminary reconnaissance will issue a 

public report not later than 90 days after 

completing the investigation in 

accordance with paragraph (a) of this 

section.

§ 270.206 Public briefings and requests for 

information. 

(a) NIST will establish methods to 

provide updates to the public on its 

planning and progress of an 

investigation. Methods may include: 

(1) A public Web site; 

(2) Mailing lists, to include an 

emphasis on e-mail; 

(3) Semi-annual written progress 

reports; 

(4) Media briefings; and 

(5) Public meetings. 

(b) Requests for information on the 

plans and conduct of an investigation 

should be submitted to the NIST Public 

and Business Affairs Division.

■ 5. Section 270.313 is amended by 

adding new paragraph (c) to read as 

follows:

§ 270.313 Requests for evidence.

* * * * *

(e) Collections of evidence under 

paragraphs (b), (c), and (d) of this 

section are investigatory in nature and 

will not be considered research for any 

purpose.

■ 6. Section 270.315 is amended by 

revising paragraph (a) to read as follows:

§ 270.315 Subpoenas. 

(a) General. Subpoenas requiring the 

attendance of witnesses or the 

production of documentary or physical 

evidence for the purpose of taking 

depositions or at a hearing may be 

issued only under the signature of the 

Director with the concurrence of the 

General Counsel, but may be served by 

any person designated by the Counsel 

for NIST on behalf of the Director.

* * * * *

[FR Doc. 03–29615 Filed 11–26–03; 8:45 am] 

BILLING CODE 3510–13–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 1 

[TD 9090] 

RIN 1545–BC31 

Limitation on Use of the NonaccrualExperience Method of Accounting 

Under Section 448(d)(5); Correction

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Correction to temporary 

regulations. 

SUMMARY: This document contains 

corrections to temporary regulations 

that were published in the Federal 

Register on September 4, 2003 (68 FR 

52496) that revises temporary income 

tax regulations to providing guidance 

regarding the use of a nonaccrualexperience method of accounting by 

taxpayers using an accrual method of 

accounting and performing services.

EFFECTIVE DATE: This correction is 

effective September 4, 2003.

FOR FURTHER INFORMATION CONTACT:

Terrance McWhorter (202) 622–4970 

(not a toll free number).

SUPPLEMENTARY INFORMATION: