[Federal Register Volume 68, Number 229 (Friday, November 28, 2003)]
[Rules and Regulations]
[Pages 66703-66707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29615]



[[Page 66703]]

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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.

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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

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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;

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    (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