[Federal Register: November 28, 2003 (Volume 68, Number 229)]
[Rules and Regulations]
[Page 66703-66707]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no03-7]
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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.
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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 (Sec. Sec. 270.350, 270.351, and 270.352) and guiding the Teams in
moving and preserving evidence (Sec. 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.
[[Page 66704]]
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.
0
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
0
1. The authority citation for Part 270 as follows:
Authority: Pub. L. 107-231, 116 Stat. 1471 (15 U.S.C. 7301 et
seq.).
0
2. Section 270.1 is amended by revising paragraph (b) to read as
follows:
Sec. 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.
* * * * *
0
3. Section 270.2 is amended by revising the definition of Credentials
to read as follows:
Sec. 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.
* * * * *
0
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
Sec. 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 multiple-occupant 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.
Sec. 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 Sec. 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
[[Page 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 Sec. 270.102 of this
subpart.
Sec. 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.
Sec. 270.103 Publication in the Federal Register.
The Director will promptly publish in the Federal Register notice
of the establishment of each Team.
Sec. 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.
Sec. 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 Sec. 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;
[[Page 66706]]
(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.
Sec. 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
Sec. 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 Sec. 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 Sec. 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.
[[Page 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
0
5. Section 270.313 is amended by adding new paragraph (c) to read as
follows:
Sec. 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.
0
6. Section 270.315 is amended by revising paragraph (a) to read as
follows:
Sec. 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