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Federal Register / Vol. 58. No. 33 / Monday, February 22, 1993 / Rules and Regulations


(6) Within 15 calendar days after a final decision based on the entire ADDRESSES: Submit written objections to receipt of the recommended decision of record. The decision-maker may also the Dockets Management Branch (HFAthe administrative law judge, the remand the hearing record to the 305). Food and Drug Administration, complainant may file exceptions to the administrative law judge for a fuller mm. 1-23, 12420 Parklawn Dr., recommended decision with the EEO development of the record.

Rockville, MD 20857. Programs Officer. On behalf of the

(2) The Board shall take any action FOR FURTHER INFORMATION CONTACT: Board, the EEO Programs Officer may. required under the terms of the decision Mitchell Cheeseman, Center for Food within 15 calendar days after receipt of promptly. The decision-maker may


and Applied Nutrition (HFSthe recommended decision of the require periodic compliance reports 216). Food and Drug Administration, administrative law judge, take exception specifying:

200 C St. SW., Washington, DC 20204, to the recommended decision of the (i) The manner in which compliance 202-2549511. administrative law judge and Small with the provisions of the decision has notify the complainant in writing of the heen achieved:

SUPPLEMENTARY INFORMATION: Board's exception. Thereafter, the (ii

) The reasons eay action required

1. Introduction complainant shall have 10 calendar by the final Board decision has not been days to file reply exceptions with the taken; and

In a notice published in the Poderal EEO Programs Officer. The EEO (iii) The steps being taken to ensure

Register of October 25, 1988 (53 FR Programs Officer shall retain copies of full compliance.

43042), FDA announced that a color the exceptions and replies to the Board's (3) The decision-maker may retain

additive petition (CAP 8C0212) bad exception for consideration by the responsibility for resolving disputes that been filed by Ciba Vision Corp., P.O. Board. After the expiration of the time arise between parties over interpretation proposing thet 21 CFR part 73 of the

Box 105069, Atlanta, GA 30348, to reply, the recommended decision of the final Board decision, or for shall be ripe for a decision under specific adjudicatory decisions arising

color additive regulations be amended paragraph (k) of this section. out of implementation.

to provide for the safe use of the dye C.I. (k) Decision. (1) The EEO Programs

Reactive Red 180 (5-(benzoylamino)-4

By order of the Board of Governors of the Officer shall notify the Board of Federal Reserve System, February 11, 1993.

hydroxy-3-((1-sulfo-6-((2Governors when a complaint is ripe for William W. Wilea.


naphthalenyl)azo)-2.7. decision under this paragraph (k). At the Secretary of the Board. request of any member of the Board of

naphthalenedisulfonic acid, tetrasodium (FR Doc. 93-3753 Filed 2-19-93; 8:45 am) Governors made within 7 calendar days LLING CODE 21001+

salt) (CAS Reg. No. 98114-32-0) to color

contact lenses. CIBA Vision Corp. has of such notice, the Board of Governors shall make the decision on the

changed its address to 11460 Johns

Creek Pky.. Duluth, GA 30136-1518. complaint. If no such request is made. DEPARTMENT OF HEALTH AND Furthermore, FDA has changed the the Administrative Governor, or the

HUMAN SERVICES Staff Director for Management if he or

CIBA Vision Corp. color additive she is delegated the authority to do so Food and Drug Administration

petition number from CAP 7C0212 to under $268.103(a)(2) of this part, shall

CAP 800212). make the decision on the complaint. 21 CFR Part 73

II. Applicability of the Act The decision shall be made based on information in the investigative record (Docket No. 88C-03361

With the passage of the Medical

Device Amendments of 1976 (Pub. L and, if a hearing is held, on the bearing Usting of Color Additives for Coloring 94–295), Congress mandated the listing record. The decision shall be made within 60 days of the receipt by the EEO Methacrylate, C... Reactivo Red 180

of color additives for use in medical Contact Lonses; Poly(hydroxyethyl

devices when the color additive comes Programs Officer of the notice of appeal Copolymer

in direct contact with the body for a and investigative record pursuant to paragraph (h)(1) of this section or 60 AGENCY: Food and Drug Administration, significant period of time (21 U.S.C. days following the end of the period for HHS.

poly(hydroxyethyl methacrylate)-C.I. filing reply exceptions set forth in ACTION: Final rule.

Reactive Red 180 copolymer as a color paragraph (j)(6) of this section,

additive in contact lenses is subject to whichever is applicable. If the decision. SUMMARY: The Food and Drug maker under this paragraph (k) Administration (FDA) is amending the

this listing requirement. The color

additive is added to contact lenses in determines that additional information

color additive regulations to provide for such a way that at least some of the is needed from any party, the decision- the safe use of the reaction product maker shall request the information and formad by chemically bonding the dye

color additive will come in contact with provide the other party or parties an C.L. Reactive Red 180 (5

the eye when the lenses are wom. In opportunity to respond to that (benzoylamino)-4-hydroxy-3-{(1-sulfo-6- placed on the eye for several hours a

addition, the lenses are intended to be information. The decision-maker shall ((2-(sulfooxylethyl)sulfonyl)-2.

naphthalenyl)azo)-2,7. have 60 days from receipt of the

day, each day, for 1 year or more. Thus, additional information to render the naphthalenedisulfonic acid, tetrasodium contact with the body for a significant

the color additive will be in direct decision on the appeal. The decision- salt) (CAS Reg. No. 98114-32-0) and maker shall transmit the decision by poly(hydroxyethyl methacrylate) lens

period of time. Consequently, the use of letter to all parties. The decision shall material for coloring contact lenses.

ihe color additive currently before the set forth the findings, any remedial This action is in response to a petition

agency is subject to the statutory listing

requirement. actions required, and the reasons for the filed by Ciba Vision Corp. decision. I the decision is based on a DATES: Effective March 25, 1993, except III. Identity hearing record, the decision-maker shall as to any provisions that may be stayed The color additive is the reaction consider the recommended decision of by the filing of proper objections: product of the reactive dye C.I. Reactive the administrative law judge and render written objections by March 24, 1993. Red 180 (5-(benzoylamino)-4-hydroxy-31994 Goals

To date, the Equal Employment Opportunity Commission (EEOC) has not sent guidelines on establishing multi-year goals. As indicated last year, the goals established in the last multi-year affirmative employment plan were extended one year by the EEOC. A copy of the plan follows this section.

However, the comparison of the Board's 1992 year-end employment against the relevant 1990 civilian labor is completed. Employment categories with manifest imbalance, conspicuous absence, and concentration were identified. The EEO Programs office staff is in the processing of developing recommendations to senior management that will be based on the above analysis, anticipated vacancies, and availability in the relevant markets.

Unless we receive guidance from the EEOC expeditiously, the EEO Programs officer will forward the analysis and recommendations to senior management. The senior management committee is currently developing a plan of action. The plan will include activities intended to result in increases in minority hiring and greater progress in the advancement of minorities and women to senior level grades and senior levels of the official staff. The recommendations will be reviewed and acted upon by Board Members.


Response 1.e. Description of Goal Setting Process Work Force Analysis

The Board follows the process contained in the guidance developed by the Equal Employment Opportunity Commission in the 1992 Management Directive 714 in developing minority and female hiring and advancement goals. The Federal Reserve Board's work force is analyzed by PATCOB groupings (Professional, Administrative, Technical, clerial, other and Blue collar), pay plan, populous job families, and by grades using year end data. The purpose of the analysis is to determine the desired representation, the barriers to establishing and maintaining a workforce that is diverse and balanced at all categories and levels, and programs and activities that can overcome real or perceived barriers to employment.

The Board's year and employment data is compared to the most current relevant civilian labor force representation to identify the EEO categories that have a conspicuous absence, a manifest imbalance, or a high concentration. Hiring goals and activities are based on the results of the work force analysis, planned vacancies, and availability of candidates in the relevant labor market. Training and Development

The Board monitors and evaluates the training and development activities, quantitatively and qualitatively. Boardwide, by division, and employment categories to determine the extent and level of minority and female participation. Explicit consideration is given to minorities and

in the Board's Management Succession Program. Identification is made of minority and female employees who demonstrate the potential to succeed to senior level grades and officer positions. Directors are responsible for deternining development plans for the identified individuals. Recruitment

Recruitment activities are developed by the Division of Human Resources Management with the division(s) responsible for the approved goal. The EEO Prograns Office identifies recuitment sources and networks with indviduals from the identified sources. Complaint Processing

Discrimination complaints are reviewed to determine if changes to procedures and policies or other actions are needed to renove barriers to employment, advancement, and training.


The EEO Programs officer develops the recommended goals




Board for review,

final recommendations ar

are forwarded action, and approval.

Response 1.f.

To analyze the impact of Board policies and goals, the Annual Affirmative Employment Accomplishment Report for calendar year 1992 is enclosed. The data show changes in the Board's permanent work force by Professional, Administrative and Technical categories, by major occupations, and by grade groupings.

In order to encourage greater hiring and advancement of women and minorities, the Board is establishing an internal "Advisory Committee on Affirmative Action" made up of officers appointed by each division director. The committee, which is being chartered at the initiative of the Bc ird, will be charged with analyzing the current situation and providing concrete recommendations to improve representation of minorities and women in the Board's workforce, especially at the senior levels. Specifically, the Committee wili

the Board's em oyment situation compared to similar organizations, analyze the effectiveness of past programs and identify characteristics of successful and unsuccessful programs, and make specific proj osals for action. The Committee will be asked ti. report its preliminary findings by February, 1994, and it's recommendations will be considered by the Board's Human Resources Division, senior management, EEO office, and the Administrative Governor.


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