This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

9187

Vol. 66, No. 26

Wednesday, February 7, 2001

1The Program Fraud Civil Remedies Act was

originally enacted as subtitle VI(B) of the Omnibus

Budget Reconciliation Act of 1986 (Pub. L. 99–509,

100 Stat. 1874) and is codified at 31 U.S.C. 3801

et seq.

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 537

RIN 3206–AJ12

Repayment of Student Loans: Delay of

Effective Date

AGENCY: U.S. Office of Personnel

Management.

ACTION: Final rulemaking; delay of

effective date.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the Federal Register

on January 24, 2001, this action

temporarily delays for 60 days the

effective date of the rule entitled

Repayment of Student Loans, published

in the Federal Register on January 11,

2001, [66 FR 2790]. That rule authorizes

Federal agencies to repay federally

insured student loans when necessary to

recruit or retain highly qualified

professional, technical, or

administrative personnel. To the extent

that 5 U.S.C. section 553 applies to this

action, it is exempt from notice and

comment because it constitutes a rule of

procedure under 5 U.S.C. 553(b)(A).

Alternately, the Agency’s

implementation of this action without

opportunity for public comment,

effective immediately upon publication

today in the Federal Register, is based

on the good cause exceptions in 5 U.S.C.

section 552(b)(B) and 553(d)(3) seeking

public comment is impracticable,

unnecessary and contrary to the public

interest. The temporary 60-day delay in

effective date is necessary to give

Department officials the opportunity for

further review and consideration of new

regulations, consistent with the

Assistant to the President’s

memorandum of January 20, 2001.

Given the imminence of the effective

date, seeking prior public comment on

this temporary delay would have been

impractical, as well as contrary to the

public interest in the orderly

promulgation and implementation of

regulations. The imminence of the

effective date is also good cause for

making this action effective

immediately upon publication.

DATES: The effective date of the

Repayment of Student Loans, published

in the Federal Register on January 11,

2001, at 66 FR 2790, is delayed for 60

days, from February 12, 2001, to a new

effective date of April 12, 2001.

FOR FURTHER INFORMATION CONTACT:

Michael J. Mahoney, Personnel Staffing

Specialist, Office of Personnel

Management, Theodore Roosevelt

Building, 1900 E St. NW., Washington,

DC 20415 (202) 606–0830 (FAX 202–

606–0390).

U.S. Office of Personnel Management.

Steven R. Cohen,

Acting Director.

[FR Doc. 01–3104 Filed 2–6–01; 8:45 am]

BILLING CODE 6325–38–P

FEDERAL DEPOSIT INSURANCE

CORPORATION

12 CFR Part 308

RIN 3064–AB41

Program Fraud

AGENCY: Federal Deposit Insurance

Corporation (FDIC).

ACTION: Final rule.

SUMMARY: The Board of Directors of the

Federal Deposit Insurance Corporation

is implementing the Program Fraud

Civil Remedies Act (PFCRA) of 1986 by

means of a regulation. The final rule

establishes administrative procedures to

impose statutorily authorized civil

penalties against any person who

makes, submits, or presents a false,

fictitious, or fraudulent statement or

claim (in the amount of $150,000 or less

for property, services, or money) to the

FDIC in connection with FDIC

employment matters, FDIC contracting

activities, and the FDIC Asset Purchaser

Certification Program. The scope of the

final rule is expressly limited to exclude

programs and activities of the FDIC

(other than as set forth in the preceding

sentence) that are related to FDIC

regulatory, supervision, enforcement,

insurance, receivership and liquidation

matters.

EFFECTIVE DATE: March 9, 2001.

FOR FURTHER INFORMATION CONTACT:

Linda Rego, Counsel, Corporate Affairs

Section, Legal Division, Federal Deposit

Insurance Corporation, 550 17th Street,

NW, Washington, D.C. 20429, (202)

898–7048.

SUPPLEMENTARY INFORMATION:

I. The Proposed Rule

On August 29, 2000, the FDIC Board

of Directors issued for public comment

a proposed rule that would amend 12

CFR part 308 by adding a new subpart

T implementing PFCRA, 65 FR 52352.

The FDIC did not receive any comment

letters regarding the proposed rule. As

a result, the final regulation mirrors the

proposed rule and no substantive

changes have been made in the

regulation.

II. Background

In October 1986, Congress enacted

PFCRA 1 to establish a new

administrative procedure as a remedy

against those who knowingly make

small dollar false claims for up to and

including $150,000 or false statements

to certain entities of the federal

government. The statute requires the

affected entities to adopt regulations

that establish procedures to recover

penalties and assessments against

persons who file false claims or

statements subject to PFCRA. The FDIC

is subject to the requirements of the

PFCRA pursuant to the Resolution Trust

Corporation Completion Act (Pub. L.

103–204, 107 Stat. 2369), enacted

December 20, 1993.

The FDIC is required by the PFCRA to

promulgate the necessary rules and

regulations to implement its provisions.

To facilitate the implementation process

and to promote uniformity in the

government, an interagency task force

was established by the President’s

Council on Integrity and Efficiency to

develop model regulations for

implementation of the PFCRA. The

FDIC is adopting the model regulations

set forth by the Council’s taskforce with

certain substantive changes necessary