[Code of Federal Regulations]
[Title 50, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR17.22]

[Page 174-181]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                                INTERIOR
 
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS--Table of Contents
 
                     Subpart C--Endangered Wildlife
 
Sec. 17.22  Permits for scientific purposes, enhancement of propagation or survival, or for incidental taking.

    Upon receipt of a complete application, the Director may issue a 
permit authorizing any activity otherwise prohibited by Sec. 17.21, in 
accordance with the issuance criteria of this section, for scientific 
purposes, for enhancing the propagation or survival, or for the 
incidental taking of endangered wildlife. Such permits may authorize a 
single transaction, a series of transactions, or a number of activities 
over a specific period of time. (See Sec. 17.32 for permits for 
threatened species.) The Director shall publish notice in the Federal 
Register of each application for a permit that is made under this 
section. Each notice shall invite the submission from interested 
parties, within 30 days after the date of the notice, of written data, 
views, or arguments with respect to the application. The 30-day period 
may be waived by the Director in an emergency situation where the life 
or health of an endangered animal is threatened and no reasonable 
alternative is available to the applicant. Notice of any such waiver 
shall be published in the Federal Register within 10 days following 
issuance of the permit.
    (a)(1) Application requirements for permits for scientific purposes 
or for the enhancement of propagation or survival. A person wishing to 
get a permit for an activity prohibited by Sec. 17.21 submits an 
application for activities under this

[[Page 175]]

paragraph. The Service provides Form 3-200 for the application to which 
all of the following must be attained:
    (i) The common and scientific names of the species sought to the 
covered by the permit, as well as the number, age, and sex of such 
species, and the activity sought to be authorized (such as taking, 
exporting, selling in interstate commerce);
    (ii) A statement as to whether, at the time of application, the 
wildlife sought to be covered by the permit (A) is still in the wild, 
(B) has already been removed from the wild, or (C) was born in 
captivity;
    (iii) A resume of the applicant's attempts to obtain the wildlife 
sought to be covered by the permit in a manner which would not cause the 
death or removal from the wild of such wildlife;
    (iv) If the wildlife sought to be covered by the permit has already 
been removed from the wild, the country and place where such removal 
occurred; if the wildlife sought to be covered by the permit was born in 
captivity, the country and place where such wildlife was born;
    (v) A complete description and address of the institution or other 
facility where the wildlife sought to be covered by the permit will be 
used, displayed, or maintained;
    (vi) If the applicant seeks to have live wildlife covered by the 
permit, a complete description, including photographs or diagrams, of 
the facilities to house and/or care for the wildlife and a resume of the 
experience of those person who will be caring for the wildlife;
    (vii) A full statement of the reasons why the applicant is justified 
in obtaining a permit including the details of the activities sought to 
be authorized by the permit;
    (viii) If the application is for the purpose of enhancement of 
propagation, a statement of the applicant's willingness to participate 
in a cooperative breeding program and to maintain or contribute data to 
a studbook;
    (2) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a)(1) of this section, the Director will 
decide whether or not a permit should be issued. In making this 
decision, the Director shall consider, in addition to the general 
criteria in Sec. 13.21(b) of this subchapter, the following factors:
    (i) Whether the purpose for which the permit is required is adequate 
to justify removing from the wild or otherwise changing the status of 
the wildlife sought to be covered by the permit;
    (ii) The probable direct and indirect effect which issuing the 
permit would have on the wild populations of the wildlife sought to be 
covered by the permit;
    (iii) Whether the permit, if issued, would in any way, directly or 
indirectly, conflict with any known program intended to enhance the 
survival probabilities of the population from which the wildlife sought 
to be covered by the permit was or would be removed;
    (iv) Whether the purpose for which the permit is required would be 
likely to reduce the threat of extinction facing the species of wildlife 
sought to be covered by the permit;
    (v) The opinions or views of scientists or other persons or 
organizations having expertise concerning the wildlife or other matters 
germane to the application; and
    (vi) Whether the expertise, facilities, or other resources available 
to the applicant appear adequate to successfully accomplish the 
objectives stated in the application.
    (3) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
paragraph shall be subject to the special condition that the escape of 
living wildlife covered by the permit shall be immediately reported to 
the Service office designated in the permit.
    (4) Duration of permits. The duration of permits issued under this 
paragraph shall be designated on the face of the permit.
    (b)(1) Application requirements for permits for incidental taking. A 
person wishing to get a permit for an activity prohibited by 
Sec. 17.21(c) submits an application for activities under this 
paragraph. The Service provides Form 3-200 for the application to which 
all of the following must be attached:
    (i) A complete description of the activity sought to be authorized;

[[Page 176]]

    (ii) The common and scientific names of the species sought to be 
covered by the permit, as well as the number, age, and sex of such 
species, if known;
    (iii) A conservation plan that specifies:
    (A) The impact that will likely result from such taking;
    (B) What steps the applicant will take to monitor, minimize, and 
mitigate such impacts, the funding that will be available to implement 
such steps, and the procedures to be used to deal with unforeseen 
circumstances;
    (C) What alternative actions to such taking the applicant considered 
and the reasons why such alternatives are not proposed to be utilized; 
and
    (D) Such other measures that the Director may require as being 
necessary or appropriate for purposes of the plan;
    (2) Issuance criteria. (i) Upon receiving an application completed 
in accordance with paragraph (b)(1) of this section, the Director will 
decide whether or not a permit should be issued. The Director shall 
consider the general issuance criteria in Sec. 13.21(b) of this 
subchapter, except for Sec. 13.21(b)(4), and shall issue the permit if 
he or she finds that:
    (A) The taking will be incidental;
    (B) The applicant will, to the maximum extent practicable, minimize 
and mitigate the impacts of such takings;
    (C) The applicant will ensure that adequate funding for the 
conservation plan and procedures to deal with unforeseen circumstances 
will be provided;
    (D) The taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild;
    (E) The measures, if any, required under paragraph (b)(1)(iii)(D) of 
this section will be met; and
    (F) He or she has received such other assurances as he or she may 
require that the plan will be implemented.
    (ii) In making his or her decision, the Director shall also consider 
the anticipated duration and geographic scope of the applicant's planned 
activities, including the amount of listed species habitat that is 
involved and the degree to which listed species and their habitats are 
affected.
    (3) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
paragraph shall contain such terms and conditions as the Director deems 
necessary or appropriate to carry out the purposes of the permit and the 
conservation plan including, but not limited to, monitoring and 
reporting requirements deemed necessary for determining whether such 
terms and conditions are being complied with. The Director shall rely 
upon existing reporting requirements to the maximum extent practicable.
    (4) Duration of permits. The duration of permits issued under this 
paragraph shall be sufficient to provide adequate assurances to the 
permittee to commit funding necessary for the activities authorized by 
the permit, including conservation activities and land use restrictions. 
In determining the duration of a permit, the Director shall consider the 
duration of the planned activities, as well as the possible positive and 
negative effects associated with permits of the proposed duration on 
listed species, including the extent to which the conservation plan will 
enhance the habitat of listed species and increase the long-term 
survivability of such species.
    (5) Assurances provided to permittee in case of changed or 
unforeseen circumstances. The assurances in this paragraph (b)(5) apply 
only to incidental take permits issued in accordance with paragraph 
(b)(2) of this section where the conservation plan is being properly 
implemented, and apply only with respect to species adequately covered 
by the conservation plan. These assurances cannot be provided to Federal 
agencies. This rule does not apply to incidental take permits issued 
prior to March 25, 1998. The assurances provided in incidental take 
permits issued prior to March 25, 1998 remain in effect, and those 
permits will not be revised as a result of this rulemaking.
    (i) Changed circumstances provided for in the plan. If additional 
conservation and mitigation measures are deemed necessary to respond to 
changed circumstances and were provided for in the plan's operating 
conservation program, the permittee will implement the measures 
specified in the plan.
    (ii) Changed circumstances not provided for in the plan. If 
additional conservation and mitigation measures are deemed necessary to 
respond to

[[Page 177]]

changed circumstances and such measures were not provided for in the 
plan's operating conservation program, the Director will not require any 
conservation and mitigation measures in addition to those provided for 
in the plan without the consent of the permittee, provided the plan is 
being properly implemented.
    (iii) Unforeseen circumstances. (A) In negotiating unforeseen 
circumstances, the Director will not require the commitment of 
additional land, water, or financial compensation or additional 
restrictions on the use of land, water, or other natural resources 
beyond the level otherwise agreed upon for the species covered by the 
conservation plan without the consent of the permittee.
    (B) If additional conservation and mitigation measures are deemed 
necessary to respond to unforeseen circumstances, the Director may 
require additional measures of the permittee where the conservation plan 
is being properly implemented, but only if such measures are limited to 
modifications within conserved habitat areas, if any, or to the 
conservation plan's operating conservation program for the affected 
species, and maintain the original terms of the conservation plan to the 
maximum extent possible. Additional conservation and mitigation measures 
will not involve the commitment of additional land, water or financial 
compensation or additional restrictions on the use of land, water, or 
other natural resources otherwise available for development or use under 
the original terms of the conservation plan without the consent of the 
permittee.
    (C) The Director will have the burden of demonstrating that 
unforeseen circumstances exist, using the best scientific and commercial 
data available. These findings must be clearly documented and based upon 
reliable technical information regarding the status and habitat 
requirements of the affected species. The Director will consider, but 
not be limited to, the following factors:
    (1) Size of the current range of the affected species;
    (2) Percentage of range adversely affected by the conservation plan;
    (3) Percentage of range conserved by the conservation plan;
    (4) Ecological significance of that portion of the range affected by 
the conservation plan;
    (5) Level of knowledge about the affected species and the degree of 
specificity of the species' conservation program under the conservation 
plan; and
    (6) Whether failure to adopt additional conservation measures would 
appreciably reduce the likelihood of survival and recovery of the 
affected species in the wild.
    (6) Nothing in this rule will be construed to limit or constrain the 
Director, any Federal, State, local, or Tribal government agency, or a 
private entity, from taking additional actions at its own expense to 
protect or conserve a species included in a conservation plan.
    (7) Discontinuance of permit activity. Notwithstanding the 
provisions of Sec. 13.26 of this subchapter, a permittee under this 
paragraph (b) remains responsible for any outstanding minimization and 
mitigation measures required under the terms of the permit for take that 
occurs prior to surrender of the permit and such minimization and 
mitigation measures as may be required pursuant to the termination 
provisions of an implementing agreement, habitat conservation plan, or 
permit even after surrendering the permit to the Service pursuant to 
Sec. 13.26 of this subchapter. The permit shall be deemed canceled only 
upon a determination by the Service that such minimization and 
mitigation measures have been implemented. Upon surrender of the permit, 
no further take shall be authorized under the terms of the surrendered 
permit.
    (8) Criteria for Revocation. A permit issued under this paragraph 
(b) may not be revoked for any reason except those set forth in 
Sec. 13.28(a)(1) through (4) of this subchapter or unless continuation 
of the permitted activity would be inconsistent with the criterion set 
forth in 16 U.S.C. 1539(a)(2)(B)(iv) and the inconsistency has not been 
remedied in a timely fashion.
    (c)(1) Application requirements for permits for the enhancement of 
survival through Safe Harbor Agreements. The applicant must submit an 
application for a permit under this paragraph (c) to

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the appropriate Regional Director, U.S. Fish and Wildlife Service, for 
the Region where the applicant resides or where the proposed activity is 
to occur (for appropriate addresses, see 50 CFR 10.22), if the applicant 
wishes to engage in any activity prohibited by Sec. 17.21. The applicant 
must submit an official Service application form (3-200.54) that 
includes the following information:
    (i) The common and scientific names of the listed species for which 
the applicant requests incidental take authorization;
    (ii) A description of the land use or water management activity for 
which the applicant requests incidental take authorization; and
    (iii) A Safe Harbor Agreement that complies with the requirements of 
the Safe Harbor policy available from the Service.
    (2) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (c)(1) of this section, the Director will 
decide whether or not to issue a permit. The Director shall consider the 
general issuance criteria in Sec. 13.21(b) of this subchapter, except 
for Sec. 13.21(b)(4), and may issue the permit if he or she finds:
    (i) The take will be incidental to an otherwise lawful activity and 
will be in accordance with the terms of the Safe Harbor Agreement;
    (ii) The implementation of the terms of the Safe Harbor Agreement 
will provide a net conservation benefit to the affected listed species 
by contributing to the recovery of listed species included in the permit 
and the Safe Harbor Agreement otherwise complies with the Safe Harbor 
policy available from the Service;
    (iii) The probable direct and indirect effects of any authorized 
take will not appreciably reduce the likelihood of survival and recovery 
in the wild of any listed species;
    (iv) Implementation of the terms of the Safe Harbor Agreement is 
consistent with applicable Federal, State, and Tribal laws and 
regulations;
    (v) Implementation of the terms of the Safe Harbor Agreement will 
not be in conflict with any ongoing conservation or recovery programs 
for listed species covered by the permit; and
    (vi) The applicant has shown capability for and commitment to 
implementing all of the terms of the Safe Harbor Agreement.
    (3) Permit conditions. In addition to any applicable general permit 
conditions set forth in part 13 of this subchapter, every permit issued 
under this paragraph (c) is subject to the following special conditions:
    (i) A requirement for the participating property owner to notify the 
Service of any transfer of lands subject to a Safe Harbor Agreement;
    (ii) A requirement for the property owner to notify the Service at 
least 30 days in advance, but preferably as far in advance as possible, 
of when he or she expects to incidentally take any listed species 
covered under the permit. Such notification will provide the Service 
with an opportunity to translocate affected individuals of the species, 
if possible and appropriate; and
    (iii) Any additional requirements or conditions the Director deems 
necessary or appropriate to carry out the purposes of the permit and the 
Safe Harbor Agreement.
    (4) Permit effective date. Permits issued under this paragraph (c) 
become effective the day of issuance for species covered by the Safe 
Harbor Agreement.
    (5) Assurances provided to permittee. (i) The assurances in 
paragraph (c)(5) (ii) of this section (c)(5) apply only to Safe Harbor 
permits issued in accordance with paragraph (c)(2) of this section where 
the Safe Harbor Agreement is being properly implemented, and apply only 
with respect to species covered by the Agreement and permit. These 
assurances cannot be provided to Federal agencies. The assurances 
provided in this section apply only to Safe Harbor permits issued after 
July 19, 1999.
    (ii) If additional conservation and mitigation measures are deemed 
necessary, the Director may require additional measures of the 
permittee, but only if such measures are limited to modifications within 
conserved habitat areas, if any, for the affected species and maintain 
the original terms of the Safe Harbor Agreement to the maximum extent 
possible. Additional conservation and mitigation measures will

[[Page 179]]

not involve the commitment of additional land, water or financial 
compensation or additional restrictions on the use of land, water, or 
other natural resources otherwise available for development or use under 
the original terms of the Safe Harbor Agreement without the consent of 
the permittee.
    (6) Additional actions. Nothing in this rule will be construed to 
limit or constrain the Director, any Federal, State, local or Tribal 
government agency, or a private entity, from taking additional actions 
at its own expense to protect or conserve a species included in a Safe 
Harbor Agreement.
    (7) Criteria for revocation. A permit issued under this paragraph 
(c) may not be revoked for any reason except those set forth in 
Sec. 13.28(a) (1) through (4) of this subchapter or unless continuation 
of the permitted activity would be inconsistent with the criterion set 
forth in Sec. 17.22(c)(2)(iii) and the inconsistency has not been 
remedied in a timely fashion.
    (8) Duration of permits. The duration of permits issued under this 
paragraph (c) must be sufficient to provide a net conservation benefit 
to species covered in the enhancement of survival permit. In determining 
the duration of a permit, the Director will consider the duration of the 
planned activities, as well as the positive and negative effects 
associated with permits of the proposed duration on covered species, 
including the extent to which the conservation activities included in 
the Safe Harbor Agreement will enhance the survival and contribute to 
the recovery of listed species included in the permit.
    (d)(1) Application requirements for permits for the enhancement of 
survival through Candidate Conservation Agreements with Assurances. The 
applicant must submit an application for a permit under this paragraph 
(d) to the appropriate Regional Director, U.S. Fish and Wildlife 
Service, for the Region where the applicant resides or where the 
proposed activity is to occur (for appropriate addresses, see 50 CFR 
10.22). When a species covered by a Candidate Conservation Agreement 
with Assurances is listed as endangered and the applicant wishes to 
engage in activities identified in the Agreement and otherwise 
prohibited by Sec. 17.31, the applicant must apply for an enhancement of 
survival permit for species covered by the Agreement. The permit will 
become valid if and when covered proposed, candidate or other unlisted 
species is listed as an endangered species. The applicant must submit an 
official Service application form (3-200.54) that includes the following 
information:
    (i) The common and scientific names of the species for which the 
applicant requests incidental take authorization;
    (ii) A description of the land use or water management activity for 
which the applicant requests incidental take authorization; and
    (iii) A Candidate Conservation Agreement that complies with the 
requirements of the Candidate Conservation Agreement with Assurances 
policy available from the Service.
    (2) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (d)(1) of this section, the Director will 
decide whether or not to issue a permit. The Director shall consider the 
general issuance criteria in Sec. 13.21(b) of this subchapter, except 
for Sec. 13.21(b)(4), and may issue the permit if he or she finds:
    (i) The take will be incidental to an otherwise lawful activity and 
will be in accordance with the terms of the Candidate Conservation 
Agreement;
    (ii) The Candidate Conservation Agreement complies with the 
requirements of the Candidate Conservation Agreement with Assurances 
policy available from the Service;
    (iii) The probable direct and indirect effects of any authorized 
take will not appreciably reduce the likelihood of survival and recovery 
in the wild of any species;
    (iv) Implementation of the terms of the Candidate Conservation 
Agreement is consistent with applicable Federal, State, and Tribal laws 
and regulations;
    (v) Implementation of the terms of the Candidate Conservation 
Agreement will not be in conflict with any ongoing conservation programs 
for species covered by the permit; and
    (vi) The applicant has shown capability for and commitment to 
implementing all of the terms of the Candidate Conservation Agreement.

[[Page 180]]

    (3) Permit conditions. In addition to any applicable general permit 
conditions set forth in part 13 of this subchapter, every permit issued 
under this paragraph (d) is subject to the following special conditions:
    (i) A requirement for the property owner to notify the Service of 
any transfer of lands subject to a Candidate Conservation Agreement;
    (ii) A requirement for the property owner to notify the Service at 
least 30 days in advance, but preferably as far in advance as possible, 
of when he or she expects to incidentally take any species covered under 
the permit. Such notification will provide the Service with an 
opportunity to translocate affected individuals of the species, if 
possible and appropriate; and
    (iii) Any additional requirements or conditions the Director deems 
necessary or appropriate to carry out the purposes of the permit and the 
Candidate Conservation Agreement.
    (4) Permit effective date. Permits issued under this paragraph (d) 
become effective for a species covered by a Candidate Conservation 
Agreement on the effective date of a final rule that lists a covered 
species as endangered.
    (5) Assurances provided to permittee in case of changed or 
unforeseen circumstances. The assurances in this paragraph (d)(5) apply 
only to permits issued in accordance with paragraph (d)(2) where the 
Candidate Conservation with Assurances Agreement is being properly 
implemented, and apply only with respect to species adequately covered 
by the Candidate Conservation with Assurances Agreement. These 
assurances cannot be provided to Federal agencies.
    (i) Changed circumstances provided for in the Agreement. If 
additional conservation and mitigation measures are deemed necessary to 
respond to changed circumstances and were provided for in the 
Agreement's operating conservation program, the permittee will implement 
the measures specified in the Agreement.
    (ii) Changed circumstances not provided for in the Agreement. If 
additional conservation and mitigation measures are deemed necessary to 
respond to changed circumstances and such measures were not provided for 
in the Agreement's operating conservation program, the Director will not 
require any conservation and mitigation measures in addition to those 
provided for in the Agreement without the consent of the permittee, 
provided the Agreement is being properly implemented.
    (iii) Unforeseen circumstances. (A) In negotiating unforeseen 
circumstances, the Director will not require the commitment of 
additional land, water, or financial compensation or additional 
restrictions on the use of land, water, or other natural resources 
beyond the level otherwise agreed upon for the species covered by the 
Agreement without the consent of the permittee.
    (B) If additional conservation and mitigation measures are deemed 
necessary to respond to unforeseen circumstances, the Director may 
require additional measures of the permittee where the Agreement is 
being properly implemented, but only if such measures are limited to 
modifications within conserved habitat areas, if any, or to the 
Agreement's operating conservation program for the affected species, and 
maintain the original terms of the Agreement to the maximum extent 
possible. Additional conservation and mitigation measures will not 
involve the commitment of additional land, water or financial 
compensation or additional restrictions on the use of land, water, or 
other natural resources otherwise available for development or use under 
the original terms of the Agreement without the consent of the 
permittee.
    (C) The Director will have the burden of demonstrating that 
unforeseen circumstances exist, using the best scientific and commercial 
data available. These findings must be clearly documented and based upon 
reliable technical information regarding the status and habitat 
requirements of the affected species. The Director will consider, but 
not be limited to, the following factors:
    (1) Size of the current range of the affected species;
    (2) Percentage of range adversely affected by the Agreement;
    (3) Percentage of range conserved by the Agreement;

[[Page 181]]

    (4) Ecological significance of that portion of the range affected by 
the Agreement;
    (5) Level of knowledge about the affected species and the degree of 
specificity of the species' conservation program under the Agreement; 
and
    (6) Whether failure to adopt additional conservation measures would 
appreciably reduce the likelihood of survival and recovery of the 
affected species in the wild.
    (6) Additional actions. Nothing in this rule will be construed to 
limit or constrain the Director, any Federal, State, local or Tribal 
government agency, or a private entity, from taking additional actions 
at its own expense to protect or conserve a species included in a 
Candidate Conservation with Assurances Agreement.
    (7) Criteria for revocation. A permit issued under this paragraph 
(d) may not be revoked for any reason except those set forth in 
Sec. 13.28(a)(1) through (4) of this subchapter or unless continuation 
of the permitted activity would be inconsistent with the criterion set 
forth in paragraph (d)(2)(iii) of this section and the inconsistency has 
not been remedied in a timely fashion.
    (8) Duration of the Candidate Conservation Agreement. The duration 
of a Candidate Conservation Agreement covered by a permit issued under 
this paragraph (d) must be sufficient to enable the Director to 
determine that the benefits of the conservation measures in the 
Agreement, when combined with those benefits that would be achieved if 
it is assumed that the conservation measures would also be implemented 
on other necessary properties, would preclude or remove any need to list 
the species covered by the Agreement.
    (e) Objection to permit issuance. (1) In regard to any notice of a 
permit application published in the Federal Register, any interested 
party that objects to the issuance of a permit, in whole or in part, 
may, during the comment period specified in the notice, request 
notification of the final action to be taken on the application. A 
separate written request shall be made for each permit application. Such 
a request shall specify the Service's permit application number and 
state the reasons why that party believes the applicant does not meet 
the issuance criteria contained in Secs. 13.21 and 17.22 of this 
subchapter or other reasons why the permit should not be issued.
    (2) If the Service decides to issue a permit contrary to objections 
received pursuant to paragraph (c)(1) of this section, then the Service 
shall, at least ten days prior to issuance of the permit, make 
reasonable efforts to contact by telephone or other expedient means, any 
party who has made a request pursuant to paragraph (c)(1) of this 
section and inform that party of the issuance of the permit. However, 
the Service may reduce the time period or dispense with such notice if 
it determines that time is of the essence and that delay in issuance of 
the permit would: (i) Harm the specimen or population involved; or (ii) 
unduly hinder the actions authorized under the permit.
    (3) The Service will notify any party filing an objection and 
request for notice under paragraph (c)(1) of this section of the final 
action taken on the application, in writing. If the Service has reduced 
or dispensed with the notice period referred to in paragraph (c)(2) of 
this section, it will include its reasons therefore in such written 
notice.

[50 FR 39687, Sept. 30, 1985, as amended at 63 FR 8871, Feb. 23, 1998; 
63 FR 52635, Oct. 1, 1998; 64 FR 32711, June 17, 1999; 64 FR 52676, 
Sept. 30, 1999]