Federal Register / Vol. 66, No. 5 / Monday, January 8, 2001 / Rules and Regulations 1259

rule may be finalized in the event the

direct final rule is withdrawn because of

significant adverse comment. The

comment period for the direct final rule

runs concurrently with that of the

companion proposed rule. Any

comments received under the

companion proposed rule will be

treated as comments regarding the direct

final rule. Likewise, significant adverse

comments submitted to the direct final

rule will be considered as comments to

the companion proposed rule and the

agency will consider such comments in

developing a final rule. FDA will not

provide additional opportunity for

comment on the companion proposed

rule.

If a significant adverse comment

applies to part of this rule and that part

may be severed from the remainder of

the rule, FDA may adopt as final those

parts of the rule that are not the subject

of a significant adverse comment. A full

description of FDA’s policy on direct

final rule procedures may be found in

a guidance document published in the

Federal Register of November 21, 1997

(62 FR 62466).

III. Environmental Impact

The agency has determined under 21

CFR 25.30(h) that this action is of a type

that does not individually or

cumulatively have a significant effect on

the human environment. Therefore,

neither an environmental assessment

nor an environmental impact statement

is required.

IV. Analysis of Impacts

FDA has examined the impacts of this

direct final rule under Executive Order

12866, the Regulatory Flexibility Act (5

U.S.C. 601–612), and the Unfunded

Mandates Reform Act of 1995 (2 U.S.C.

1501 et seq.). Executive Order 12866

directs agencies to assess all costs and

benefits of available regulatory

alternatives and, when regulation is

necessary, to select regulatory

approaches that maximize net benefits

(including potential economic,

environmental, public health and safety,

and other advantages; distributive

impacts; and equity). The agency

believes that this rule is consistent with

the regulatory philosophy and

principles identified in Executive Order

12866 and in the other two statutes.

This rule is not a significant regulatory

action as defined by the Executive

order.

Under the Regulatory Flexibility Act,

if a rule has a significant impact on a

substantial number of small entities, an

agency must analyze regulatory options

that would minimize any significant

impact of the rule on small entities. The

agency has considered the effect that

this rule will have on small entities.

Because the rule amends only internal

agency procedures, the agency certifies

that the rule will not have a significant

economic impact on a substantial

number of small entities. Therefore,

under the Regulatory Flexibility Act, no

further analysis is required.

Section 202(a) of the Unfunded

Mandates Reform Act of 1995 (Public

Law 104–4) requires that agencies

prepare a written statement of

anticipated costs and benefits before

proposing any rule that may result in an

expenditure by State, local, and tribal

governments, in the aggregate, or by the

private sector, of $100 million in any

one year (adjusted annually for

inflation). FDA is not required to

prepare a statement of the costs and

benefits of this rule because the rule is

not expected to result in any 1-year

expenditure that would exceed $100

million adjusted for inflation. The

current inflation-adjusted statutory

threshold is $110 million.

V. Federalism

FDA has analyzed this final rule in

accordance with the principles set forth

in Executive Order 13132. FDA has

determined that the final rule does not

contain policies that have substantial

direct effects on the States, on the

relationship between the National

Government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Accordingly, the

agency has concluded that the final rule

does not contain policies that have

federalism implications as defined in

the order and, consequently, a

federalism summary impact statement is

not required.

VI. Paperwork Reduction Act of 1995

This direct final rule does not require

information collections and, thus, is not

subject to review by the Office of

Management and Budget under the

Paperwork Reduction Act of 1995.

VII. Request for Comments

Interested persons may submit to the

Dockets Management Branch (address

above) written comments regarding this

rule by March 26, 2001. Two copies of

any comments are to be submitted,

except that individuals may submit one

copy. Comments are to be identified

with the docket number found in

brackets in the heading of this

document. Received comments may be

seen in the Dockets Management Branch

between 9 a.m. and 4 p.m., Monday

through Friday.

List of Subjects in 21 CFR Part 14

Administrative practice and

procedure, Advisory committees, Color

additives, Drugs, Radiation protection.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs, 21 CFR part 14 is

amended to read as follows:

PART 14—PUBLIC HEARING BEFORE

A PUBLIC ADVISORY COMMITTEE

1. The authority citation for 21 CFR

part 14 is revised to read as follows:

Authority: 5 U.S.C. App. 2; 15 U.S.C.

1451–1461; 21 U.S.C. 41–50, 141–149, 321–

394, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42

U.S.C. 201, 262, 263b, 264.

2. Section 14.75 is amended by

revising paragraph (a)(1) to read as

follows:

§ 14.75 Examination of administrative

record and other advisory committee

records.

(a) * * *

(1) The written information for

consideration by the committee at any

meeting: Whenever practicable, before

or at the time of the meeting.

* * * * *

Dated: December 29, 2000.

Margaret M. Dotzel,

Associate Commissioner for Policy.

[FR Doc. 01–389 Filed 1–5–01; 8:45 am]

BILLING CODE 4160–01–F

COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE

DISTRICT OF COLUMBIA

28 CFR Chapter VIII

[CSOSA–0001]

RIN 3225–ZA00

Organization and Functions

AGENCY: Court Services and Offender

Supervision Agency for the District of

Columbia.

ACTION: Final rule.

SUMMARY: The Court Services and

Offender Supervision Agency for the

District of Columbia (‘‘CSOSA’’) is

issuing regulations describing its

organization and general functions. This

description includes information on the

District of Columbia Pretrial Services

Agency (‘‘PSA’’), an independent entity

within CSOSA. CSOSA provides

supervisory and treatment services to

individuals on probation, parole and

supervised release for District of

Columbia Code violations. CSOSA also

1260 Federal Register / Vol. 66, No. 5 / Monday, January 8, 2001 / Rules and Regulations

provides supervisory and treatment

services to offenders from other

jurisdictions in accordance with the

Interstate Parole and Probation

Compact. PSA supervises, monitors and

provides treatment services to

defendants in the U.S. District Court

and the United States Court of Appeals

for the District of Columbia Circuit and

to individuals on pretrial release for

District of Columbia Code violations.

EFFECTIVE DATE: January 8, 2001.

ADDRESSES: Office of General Counsel,

CSOSA, Room 1253, 633 Indiana

Avenue, NW., Washington, DC 20004.

FOR FURTHER INFORMATION CONTACT: Roy

Nanovic, Records Manager; telephone

(202) 220–5359; e-mail

roy.nanovic@csosa.gov.

SUPPLEMENTARY INFORMATION: The Court

Services and Offender Supervision

Agency for the District of Columbia

(‘‘CSOSA’’) was established within the

Executive Branch of the Federal

Government by the National Capital

Revitalization and Self-Government

Improvement Act of 1997

(‘‘Revitalization Act’’), Pub. L. 105–33,

111 Stat. 251, 712 (D.C. Code 24–1232,

24–1233). On August 4, 2000, CSOSA

was certified by the Attorney General as

an independent Federal agency.

The Revitalization Act requires

CSOSA to provide supervision, through

qualified supervision officers, to

offenders on probation, parole, and

supervised release for violation of

District of Columbia Code offenses.

Accordingly, CSOSA supervises all

offenders placed on probation by the

Superior Court of the District of

Columbia, and all individuals on parole

pursuant to the District of Columbia

Code. CSOSA provides supervision to

offenders from other jurisdictions in

accordance with the provisions of the

Interstate Parole and Probation

Compact. In accordance with its

supervisory functions and as authorized

by the Sex Offender Registration Act of

1999 (DC Law 13–137, D.C. Code 24–

1101 et seq.), CSOSA operates and

maintains the sex offender registry for

the District of Columbia.

The DC Pretrial Services Agency

(‘‘PSA’’), an independent entity within

CSOSA, assists the trial and appellate

levels of both the federal and local

courts in determining eligibility for

pretrial release by providing verified

background information and criminal

histories on all arrestees and

recommendations about available

release options. PSA is further

responsible for supervising defendants

released from custody during the

pretrial period by monitoring

compliance with conditions of release

and by ensuring that they appear for

scheduled court hearings. PSA also

provides defendants with the

opportunity to participate in a variety of

social intervention programs that

decrease the likelihood of future

criminal behavior.

CSOSA’s mission is to increase public

safety, prevent crime, reduce

recidivism, and support the fair

administration of justice in close

collaboration with the community. Law

enforcement agencies, the courts,

corrections, and parole authorities each

play critical roles in addressing crime

and ensuring public safety. CSOSA,

together with PSA, coordinates closely

with these entities to fulfill its role in

the criminal justice process by

providing supervisory and treatment

services to individuals on pretrial

release, probation, parole and

supervised release, and by assisting

federal and local courts in determining

eligibility for release.

CSOSA’s regulations are being

codified in Chapter VIII of Title 28 of

the Code of Federal Regulations. Part

800 consists of a general statement of

organization and functions, including

addresses for CSOSA’s and PSA’s

central and field offices, and addresses

for submitting Freedom of Information

Act/Privacy Act requests, legal process,

and tort claims. A more detailed

statement of organization and functions

will appear in the ‘‘United States

Government Manual.’’

Matters of Regulatory Procedure

Administrative Procedure Act

Because this rule pertains to agency

organization, CSOSA is issuing the rule

as final without general notice of

proposed rulemaking and without any

delay in its effectiveness. Any interested

person, however, who wishes to submit

comments on the rule may do so by

writing or e-mailing the agency at the

addresses given above in the

‘‘Addresses’’ and ‘‘For Further

Information Contact’’ captions.

Executive Order 12866

This rule falls within a category of

actions that the Office of Management

and Budget (OMB) has determined not

to constitute ‘‘significant regulatory

actions’’ under section 3(f) of Executive

Order 12866 and, accordingly, CSOSA

did not formally submit it to OMB for

review.

Executive Order 13132

This rule will not have substantial

direct effects on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 13132,

the Director of CSOSA has determined

that this rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Regulatory Flexibility Act

The Director of CSOSA, in accordance

with the Regulatory Flexibility Act (5

U.S.C. 605(b)), has reviewed this rule

and by approving it certifies that this

rule will not have a significant

economic impact upon a substantial

number of small entities. This rule

pertains to agency management, and its

economic impact is limited to the

agency’s appropriated funds.

Unfunded Mandates Reform Act of 1995

This rule will not result in the

expenditure by State, local and tribal

governments, in the aggregate, or by the

private sector, of $100,000,000 or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, the Director of

CSOSA has determined that no actions

are necessary under the provisions of

the Unfunded Mandates Reform Act of

1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by section 804 of the Small

Business Regulatory Enforcement

Fairness Act of 1996. This rule will not

result in an annual effect on the

economy of $100,000,000 or more; a

major increase in costs or prices; or

significant adverse effects on

competition, employment, investment,

productivity, innovation, or on the

ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

Plain Language Instructions

We want to make CSOSA’s

documents easy to read and understand.

If you have suggestions on how to

improve the clarity of these regulations,

write, e-mail, or call CSOSA’s Records

Manager (Roy Nanovic), at the address

or telephone number given above in the

‘‘Addresses’’ and ‘‘For Further

Information Contact’’ captions.

Federal Register / Vol. 66, No. 5 / Monday, January 8, 2001 / Rules and Regulations 1261

List of Subjects in 28 CFR Part 800

Organization and Functions

(Government Agencies); Probation and

Parole.

Jasper Ormond,

Interim Director.

Accordingly, we amend Title 28 of the

Code of Federal Regulations by adding

a new chapter VIII, consisting of Part

800 to read as follows:

Chapter VIII—Court Services and

Offender Supervision Agency for the

District of Columbia

PART 800—ORGANIZATION AND

FUNCTIONS

Sec.

800.1 Statutory authorization.

800.2 Mission.

800.3 Functions and responsibilities.

800.4 Director.

800.5 Agency components.

Appendix A.

Authority: 5 U.S.C. 301; Pub. L. 105–33,

111 Stat. 251, 712 (D.C. Code 24–1232, 24–

1233).

§ 800.1 Statutory authorization.

The National Capital Revitalization

and Self-Government Improvement Act

of 1997 (‘‘Revitalization Act’’)

established the Court Services and

Offender Supervision Agency for the

District of Columbia (‘‘CSOSA’’) within

the federal government as an

independent executive branch agency

and placed the District of Columbia

Pretrial Services Agency as an

independent entity within CSOSA. In

addition, the District of Columbia Public

Defender Service, an independent

District of Columbia agency, receives its

appropriated federal funds through a

transfer from CSOSA.

§ 800.2 Mission.

CSOSA’s mission is to increase public

safety, prevent crime, reduce

recidivism, and support the fair

administration of justice in close

collaboration with the community.

§ 800.3 Functions and responsibilities.

(a) Community Supervision Services.

(1) The Revitalization Act requires

CSOSA to provide supervision, through

qualified supervision officers, to

offenders on probation, parole, and

supervised release for violation of

District of Columbia Code offenses. The

Agency carries out its responsibilities

on behalf of the court or agency having

jurisdiction over the person being

supervised. Accordingly, CSOSA

supervises all offenders placed on

probation by the Superior Court of the

District of Columbia, and all individuals

on parole pursuant to the District of

Columbia Code. CSOSA supervises

offenders from other jurisdictions in

accordance with the provisions of the

Interstate Parole and Probation

Compact.

(2) CSOSA is also required to

determine uniform supervision and

reporting practices, develop and operate

intermediate sanctions programs for

sentenced offenders, and arrange for the

supervision of District of Columbia

Code offenders in jurisdictions outside

the District of Columbia.

(3) In accordance with its supervisory

functions and as authorized by the Sex

Offender Registration Act of 1999 (D.C.

Law 13–137, D.C. Code 24–1101 et seq.),

CSOSA operates and maintains the sex

offender registry for the District of

Columbia.

(b) Pretrial Services. (1) The District of

Columbia Pretrial Services Agency

(‘‘PSA’’) assists the trial and appellate

levels of both the federal and local

courts in determining eligibility for

pretrial release by providing verified

background information and criminal

histories on all arrestees and

recommendations about available

release options.

(2) PSA is further responsible for

supervising defendants released from

custody during the pretrial period by

monitoring compliance with conditions

of release and by ensuring that they

appear for scheduled court hearings.

(3) PSA also provides defendants with

the opportunity to participate in a

variety of social intervention programs

that decrease the likelihood of future

criminal behavior.

§ 800.4 Director.

(a) CSOSA is headed by a Director

appointed by the President, by and with

the advice and consent of the Senate, for

a term of six years.

(b) PSA is headed by a Director

appointed by the Chief Judge of the

United States Court of Appeals for the

District of Columbia Circuit and the

Chief Judge of the United States District

Court for the District of Columbia in

consultation with an Executive

Committee. The Executive Committee

includes the four chief judges of the

local and Federal trial and appellate

courts, the United States Attorney for

the District of Columbia, the Director of

the District of Columbia Public Defender

Service, and the Director of CSOSA.

§ 800.5 Agency components.

(a) CSOSA.

(1) Office of the Director (including

the Deputy Director).

(2) Office of the General Counsel.

(3) Community Supervision Services.

(4) Office of Community Justice

Programs.

(5) Special Criminal Justice Projects.

(6) Office of Planning and Evaluation.

(7) Office of Professional

Responsibility.

(8) Equal Employment Opportunity,

Diversity, and Special Programs.

(9) Office of Legislative,

Intergovernmental, and Public Affairs.

(10) Information Technology Services.

(11) Office of Management and

Administration.

(12) Office of Human Resources.

(b) PSA.

(1) Office of the Director (including

the Deputy Director).

(2) Planning, Analysis and Evaluation.

(3) Community Justice Programs.

(4) Office of Operations (including

Information Technology and Forensic

Toxicology and Drug Testing

Laboratory).

(5) Human Resources Management.

(6) Finance and Administration.

Appendix A to Part 800—Agency

Addresses

I. Central Offices

Court Services and Offender Supervision

Agency for the District of Columbia, 633

Indiana Avenue, NW., Washington, DC

20004

CSOSA Community Supervision Services,

300 Indiana Avenue, NW., Washington, DC

20001

District of Columbia Pretrial Services

Agency, 633 Indiana Avenue, NW.,

Washington, DC 20004

II. Field Offices

Court Services and Offender Supervision

Agency for the District of Columbia/

Community Supervision Services

CSS Field Office, 409 E. Street, NW.,

Washington, DC 20001

CSS Field Office, 401 New York Avenue,

NE., Washington, DC 20002

CSS Field Office, 1707 Kalorama Road, NW.,

Washington, DC 20009

CSS Field Office, 1418 Good Hope Road, SE.,

Washington, DC 20020

CSS Field Office, 3850 S. Capitol Street, SE.,

Washington, DC 20032

CSS Field Office, 1230 Taylor Street, NW.,

Washington, DC 20011

District of Columbia Pretrial Services Agency

Office of Operations Branch, 300 Indiana

Avenue, NW., Washington, DC 20001

Office of Operations Branch, 500 Indiana

Avenue, NW., Washington, DC 20001

Office of Operations Branch, 333

Constitution Avenue, NW., Washington,

DC 20001

Office of Operations Branch, 601 Indiana

Avenue, NW., Washington, DC 20004

IV. FOIA/PA Requests (CSOSA and PSA)

Office of the General Counsel (FOIA), Court

Services and Offender Supervision Agency

for the District of Columbia, 633 Indiana

Avenue, NW., Washington, DC 20004

1262 Federal Register / Vol. 66, No. 5 / Monday, January 8, 2001 / Rules and Regulations

IV. Service of Process (CSOSA and PSA,

except for PSA subpoenas)

Office of the General Counsel, Court Services

and Offender Supervision Agency for the

District of Columbia, 633 Indiana Avenue,

NW., Washington, DC 20004

V. Tort Claims (CSOSA and PSA)

Office of the General Counsel, Court Services

and Offender Supervision Agency for the

District of Columbia, 633 Indiana Avenue,

NW., Washington, DC 20004

[FR Doc. 01–395 Filed 1–5–01; 8:45 am]

BILLING CODE 3129–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–00–029]

RIN 2115–AE47

Drawbridge Operating Regulation;

Mississippi River, Iowa and Illinois

AGENCY: Coast Guard, DOT.

ACTION: Temporary deviation.

SUMMARY: The Commander, Eighth

Coast Guard District, has authorized a

deviation from the regulation governing

the Burlington Railroad Drawbridge,

Mile 403.1, Upper Mississippi River at

Burlington, Iowa. This deviation allows

the drawbridge to remain closed-tonavigation for 60 days from 12:01 a.m.,

December 31, 2000, until 12:01 a.m.,

March 1, 2001. The drawbridge will

open on signal if at least six (6) hours

advance notice is given.

DATES: This temporary deviation is

effective from 12:01 a.m., December 31,

2000, until 12:01 a.m., March 1, 2001.

FOR FUTHER INFORMATION CONTACT: Roger

K. Wiebusch, Bridge Administrator,

Commander (obr), Eighth Coast Guard

District, 1222 Spruce Street, St. Louis,

MO 63103–2832, (314) 539–3900,

extension 378.

SUPPLEMENTARY INFORMATION: The

Burlington Railroad Drawbridge

provides a vertical clearance of 21.5 feet

above normal pool in the closed to

navigation position. Navigation on the

waterway consists primarily of

commercial tows and recreational

watercraft. This deviation has been

coordinated with waterway users who

do not object.

This deviation allows the bridge to

remain closed-to-navigation from 12:01

a.m., December 31, 2000, to 12:01 a.m.,

March 1, 2001, with openings provided

upon receipt of six (6) hours advance

notice. Advance notice may be given by

calling Mr. Al Poole, (309) 345–6103

during work hours and Mr. Larry Moll,

(309) 752–5244, after hours. The

drawbridge normally opens on signal.

Dated: December 28, 2000

K.J. Eldridge,

Captain, U.S. Coast Guard, Acting

Commander, Eighth Coast Guard District.

[FR Doc. 01–436 Filed 1–5–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF EDUCATION

34 CFR Part 606

Developing Hispanic-Serving

Institutions Program

AGENCY: Office of Postsecondary

Education, Department of Education.

ACTION: Final regulations.

SUMMARY: When we published final

regulations for the Developing HispanicServing Institutions (HSI) Program in

the Federal Register of December 15,

1999, it appears that one of the

regulatory provisions, dealing with the

eligibility of branch campuses to receive

grants, could be viewed in a manner

that would result in an unintended

change of policy. To rectify this

problem, we are revising that regulation

to more clearly reflect our long standing

policy that a branch campus is eligible

to apply for an HSI grant if the branch

campus serves the appropriate number

of Hispanic students even if the main

campus does not.

DATES: These regulations are effective

February 7, 2001.

FOR FURTHER INFORMATION CONTACT:

Sophia McArdle, U.S. Departmnet of

Education, 1990 K Street, NW., Room

6061, Washington, DC 20006–8512.

Telephone: (202) 219–7078. If you use a

telecommunications device for the deaf

(TDD), you may call the Federal

Information Relay Service (FIRS) at 1–

800–877–8339.

Individuals with disabilities may

obtain this document in an alternative

format (e.g., Braille, large print,

audiotape, or computer diskette) on

request to the contact person listed

under FOR FURTHER INFORMATION

CONTACT.

SUPPLEMENTARY INFORMATION:

Background

The Higher Education Amendments

of 1992, Pub. Law 102–325, amended

the Higher Education Act of 1965, as

amended (HEA), by adding the

Developing Hispanic ServingInstitutions (HSI) Program as an

authorized program under Title III, Part

A of the HEA. The HSI Program was

authorized in section 316 of Title III of

the HEA.

Under section 316, in general, an HSI

institution was an institution that

satisfied the statutory definition of an

‘‘eligible institution’’ contained in

section 312 of the HEA, and had at least

25 percent of its enrollment consist of

Hispanic students. An eligible

institution under section 312 of the HEA

basically satisfied four conditions. Two

of the conditions related to accreditation

and licensure. The other two required

the institution to have a high percentage

of low income students and low

education and general (E&G)

expenditures.

Under section 312, a branch campus

of an eligible institution also qualified

as an eligible institution if its main

campus satisfied all four conditions and

it, on its own, satisfied the last two.

Regulations that we promulgated to

implement these institutional eligibility

requirements were codified in 34 CFR

607.2(b) and (d). The regulations did not

specifically address whether the main

campus of a branch campus that applied

for an HSI Program grant had to satisfy

the Hispanic student enrollment

requirement. However, it was the

Department’s policy that a main campus

did not have to qualify as an eligible

HSI institution in terms of student

enrollment if the branch campus is

qualified.

In the Higher Education Amendments

of 1998, Public Law 105–244, the

Congress moved the HSI Program into

Title V of the HEA and reenacted, in

that title, all the relevant provisions that

governed that program while it was part

of Title III of the HEA. To accommodate

that statutory change, we codified all

the HSI Program requirements in a new

part, 34 CFR Part 606. The

recodification was technical in nature

and did not involve any change in

policy. Therefore, when we published

Part 606 in the Federal Register on

December 15, 1999, we waived

rulemaking. However, it has recently

come to our attention that one of the

recodified regulatory provisions has

been read by some as though it, in fact,

made a change in policy. That provision

was § 606.2(b), relating to the eligibility

of a branch campus to qualify as an

eligible HSI institution.

As presently written, it could be

viewed that in order for a branch

campus to qualify as an eligible HSI

institution, it and its main campus must

have an enrollment of at least 25 percent

Hispanic students. As described above,

however, such a reading would be

inconsistent with the Department’s

policy that the main campus does not

have to satisfy that requirement along