9198 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Rules and Regulations

evidence not presented at such hearing

is material and that there were

reasonable grounds for the failure to

present such evidence at such hearing,

the Board will remand the matter to the

ALJ for consideration of such additional

evidence.

(j) The Board may affirm, reduce,

reverse, compromise, remand, or settle

any penalty or assessment determined

by the ALJ in any initial decision.

(k) The Board will promptly serve

each party to the appeal with a copy of

the decision of the Board and a

statement describing the right of any

person determined to be liable for a

penalty or an assessment to seek judicial

review.

(l) Unless a petition for review is filed

as provided in 31 U.S.C. 3805 after a

defendant has exhausted all

administrative remedies under this

subpart and within 60 days after the

date on which the Board serves the

defendant with a copy of the Board’s

decision, a determination that a

defendant is liable under § 308.502 of

this subpart is final and is not subject

to judicial review.

§ 308.539 Stays ordered by the

Department of Justice.

If at any time the Attorney General or

an Assistant Attorney General

designated by the Attorney General

transmits to the Board a written finding

that continuation of the administrative

process described in this subpart with

respect to a claim or statement may

adversely affect any pending or

potential criminal or civil action related

to such claim or statement, the Board

will stay the process immediately. The

Board may order the process resumed

only upon receipt of the written

authorization of the Attorney General.

§ 308.540 Stay pending appeal.

(a) An initial decision is stayed

automatically pending disposition of a

motion for reconsideration or of an

appeal to the Board.

(b) No administrative stay is available

following a final decision of the Board.

§ 308.541 Judicial review.

Section 3805 of Title 31, United States

Code, authorizes judicial review by an

appropriate United States District Court

of a final decision of the Board imposing

penalties or assessments under this

subpart and specifies the procedures for

such review.

§ 308.542 Collection of civil penalties and

assessments.

Sections 3806 and 3808(b) of Title 31,

United States Code, authorize actions

for collection of civil penalties and

assessments imposed under this subpart

and specify the procedures for such

actions.

§ 308.543 Right to administrative offset.

The amount of any penalty or

assessment which has become final, or

for which a judgment has been entered

under § 308.541 or § 308.542 of this

subpart, or any amount agreed upon in

a compromise or settlement under

§ 308.545 of this subpart, may be

collected by administrative offset under

31 U.S.C. 3716, except that an

administrative offset may not be made

under this section against a refund of an

overpayment of federal taxes, then or

later owing by the United States to the

defendant.

§ 308.544 Deposit in Treasury of United

States.

All amounts collected pursuant to this

subpart will be deposited as

miscellaneous receipts in the Treasury

of the United States, except as provided

in 31 U.S.C. 3806(g).

§ 308.545 Compromise or settlement.

(a) Parties may make offers of

compromise or settlement at any time.

(b) The reviewing official has the

exclusive authority to compromise or

settle a case under this subpart at any

time after the date on which the

reviewing official is permitted to issue

a complaint and before the date on

which the ALJ issues an initial decision.

(c) The Board has exclusive authority

to compromise or settle a case under

this subpart any time after the date on

which the ALJ issues an initial decision,

except during the pendency of any

review under § 308.541 of this subpart

or during the pendency of any action to

collect penalties and assessments under

§ 308.542 of this subpart.

(d) The Attorney General has

exclusive authority to compromise or

settle a case under this subpart during

the pendency of any review under

§ 308.541 of this subpart or of any action

to recover penalties and assessments

under 31 U.S.C. 3806.

(e) The investigating official may

recommend settlement terms to the

reviewing official, the Board, or the

Attorney General, as appropriate. The

reviewing official may recommend

settlement terms to the Board, or the

Attorney General, as appropriate.

(f) Any compromise or settlement

must be in writing.

§ 308.546 Limitations.

(a) The notice of hearing with respect

to a claim or statement will be served

in the manner specified in § 308.507 of

this subpart within 6 years after the date

on which such claim or statement is

made.

(b) If the defendant fails to file a

timely answer, service of notice under

§ 308.509(b) of this subpart will be

deemed a notice of a hearing for

purposes of this section.

(c) The statute of limitations may be

extended by agreement of the parties.

By order of the Board of Directors.

Dated at Washington, DC, this 19th day of

January, 2001.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Executive Secretary.

[FR Doc. 01–3168 Filed 2–6–01; 8:45 am]

BILLING CODE 6714–01–P

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Parts 655 and 940

[FHWA Docket No. FHWA–99–5899]

RIN 2125–AE65

Intelligent Transportation System

Architecture and Standards: Delay of

Effective Date

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Final rule; 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

Intelligent Transportation System

Architecture and Standards, published

in the Federal Register on January 8,

2001, 66 FR 1446. The rule concerns

Intelligent Transportation System (ITS)

projects carried out using funds made

available from the Highway Trust Fund.

This rule requires regions which have

implemented ITS or are planning ITS

implementations to develop a regional

ITS architecture, based on the National

ITS Architecture, to guide their

implementation.

EFFECTIVE DATE: The effective date of the

Intelligent Transportation System

Architecture and Standards rule,

published in the Federal Register on

January 8, 2001, at 66 FR 1446, is

delayed for 60 days, from February 7,

2001, to a new effective date of April 8,

2001.

FOR FURTHER INFORMATION CONTACT: For

technical information: Mr. Robert

Rupert, Office of Travel Management

(HOTM–1), (202) 366–2194 and Mr.

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Rules and Regulations 9199

Michael Freitas, (202) 366–9292, ITS

Joint Program Office (HOIT–1). For legal

information: Mr. Wilbert Baccus, Office

of the Chief Counsel, (HCC–32), (202)

366–1346, Federal Highway

Administration, 400 Seventh Street,

SW., Washington, DC 20590–0001.

Office hours are from 8 a.m. to 4:30

p.m., e.t., Monday through Friday,

except Federal holidays.

SUPPLEMENTARY INFORMATION: 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. section

553(b)(A). Alternatively, the FHWA’s

implementation of this rule 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 553(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 the

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.

Issued on: January 31, 2001.

Anthony R. Kane,

Executive Director.

[FR Doc. 01–3206 Filed 2–2–01; 4:50 pm]

BILLING CODE 4910–22–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

RIN 0720–AA57

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS);

Methodology for Coverage of Phase II

and Phase III Clinical Trials Sponsored

by the National Institutes of Health

AGENCY: Department of Defense.

ACTION: Final rule; withdrawal.

SUMMARY: The Department of Defense

published a final rule on Methodology

for Coverage of Phase II and Phase III

Clinical Trials Sponsored by the

National Institutes of Health. This rule

should not have been published in

accordance with the Regulatory Review

Plan, therefore, this document is

published to withdraw the rule.

DATES: The rule published on

Wednesday, January 31, 2001 at 66 FR

8365 is withdrawn as of February 7,

2001.

FOR FURTHER INFORMATION CONTACT:

Patricia Collins, 703–681–0039

Dated: January 30, 2001.

L.M. Bynum,

Alternate OSD Federal Register Liaison,

Department of Defense.

[FR Doc. 01–3034 Filed 2–6–01; 8:45 am]

BILLING CODE 5001–10–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–01–008]

Drawbridge Operation Regulations:

Harlem River, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, First Coast

Guard District, has issued a temporary

deviation from the drawbridge operation

regulations governing the operation of

the Macombs Dam Bridge, at mile 3.2,

across the Harlem River at New York

City, New York. This deviation allows

the bridge owner to keep the bridge in

the closed position from February 1,

2001 through April 1, 2001. This action

is necessary to facilitate maintenance at

the bridge.

DATES: This deviation is effective from

February 1, 2001 through April 1, 2001.

FOR FURTHER INFORMATION CONTACT: Joe

Arca, Project Officer, First Coast Guard

District, at (212) 668–7165.

SUPPLEMENTARY INFORMATION: The

Macombs Dam Bridge, at mile 3.2,

across the Harlem River, has a vertical

clearance of 27 feet at mean high water,

and 32 feet at mean low water in the

closed position. The existing

drawbridge operating regulations are

listed at 33 CFR 117.789(c).

The bridge owner, New York City

Department of Transportation

(NYCDOT), requested a temporary

deviation from the drawbridge operating

regulations to facilitate the necessary

structural maintenance at the bridge.

This deviation from the operating

regulations allows the bridge owner to

keep the bridge in the closed position

from February 1, 2001 through April 1,

2001.

Thirty days notice to the Coast Guard

for approval of this maintenance repair

was not given by the bridge owner and

was not required because this work

involves vital, unscheduled

maintenance that must be performed

without undue delay.

Vessels that can pass under the bridge

without an opening may do so at all

times during the closed period.

In accordance with 33 CFR 117.35(c),

this work will be performed with all due

speed in order to return the bridge to

normal operation as soon as possible.

This deviation from the operating

regulations is authorized under 33 CFR

117.35.

Dated: January 25, 2001.

G.N. Naccara,

Rear Admiral, U.S. Coast Guard Commander,

First Coast Guard District.

[FR Doc. 01–3109 Filed 2–6–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–01–003]

RIN 2115–AE47

Drawbridge Operation Regulations:

Hillsborough River, Tampa, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

temporarily changing the operation of

the Platt and Brorein Street Drawbridges

across the Hillsborough River in Tampa,

Florida. This temporary rule allows the

Platt and Brorein Street Drawbridges to

remain closed from 8 a.m. to 1 p.m. on

Saturday, February 24, 2001. This action

is necessary to facilitate the running of

the Bank of America Gasparilla Distance

Classic foot race.

DATES: This rule is effective from 8 a.m.

to 1 p.m. on February 24, 2001.

ADDRESSES: Material received from the

public as well as documents indicated

in this preamble as being available in

the docket are part of docket [CGD07–

01–003] and are available for inspection

or copying at Commander (obr), Seventh

Coast Guard District, 909 S.E. 1st

Avenue, Miami, Florida, between 7:30

a.m. and 4 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Barry Dragon, Seventh Coast Guard

District, Bridge Section, at (305) 415–

6743.