Unknown. Interim final rule with request for comments

3,436 words·~16 min read·/register/2001/02/23/01-4361·

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--- schema: federal-register doc_type: fedreg source_file: FR-2001-02-23.xml --- 66 37 Friday, February 23, 2001 Contents Agency Agency for Healthcare Research and Quality NOTICES Children's health outcomes initiative; planning ideas for development; comment request, 11296-11297 01-4530 AID Agency for International Development NOTICES Reports and guidance documents; availability, etc.: Title II Development Activity Programs; guidelines, 11250 01-4513 Agriculture Agriculture Department See Cooperative State Research, Education, and Extension Service See Economic Research Service See Forest Service Alcohol Alcohol, Tobacco and Firearms Bureau NOTICES Agency information collection activities:

Proposed collection; comment request, 11383-11384 01-4552 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments: Aktiebolaget Volvo et al., 11317-11328 01-4517 Alcoa, Inc., et al., 11328-11332 01-4516 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau RULES Decennial census population information release: State and local tabulation reports and other population information; authority delegation revoked, 11231-11233 01-4438 Centers Centers for Disease Control and Prevention NOTICES Committees; establishment, renewal, termination, etc.:

National Institute for Occupational Safety and Health, Scientific Counselors Board, 11298 01-4474 Meetings: Breast and Cervical Cancer Early Detection and Control Advisory Committee, 11298 01-4472 Coast Guard Coast Guard RULES Drawbridge operations: Florida, 11233 01-4547 01-4548 PROPOSED RULES Uninspected vessels: Towing vessels; fire suppression systems and voyage planning, 11241-11242 01-4549 NOTICES Committees; establishment, renewal, termination, etc.: Commercial Fishing Industry Vessel Advisory Committee, 11350-11351 01-4550 01-4551 Commerce Commerce Department See Census Bureau See Export Administration Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 11251-11252 01-4526 01-4527 Procurement list; additions and deletions; correction, 11252 01-4525 Cooperative Cooperative State Research, Education, and Extension Service NOTICES Grants and cooperative agreements; availability, etc.:

Initiative for Future Agriculture and Food Systems Program, 11487-11509 01-4465 Customs Customs Service NOTICES Navigation fees schedule revision; specific services provided to vessels by Customs officers; correction, 11385 C1-3549 Defense Defense Department See Navy Department NOTICES Meetings: Science Board, 01-4482 11274-11276 01-4483 01-4484 01-4485 01-4486 01-4487 01-4488 Privacy Act: Systems of records National Reconnaissance Office, 11276-11278 01-4481 Delaware Delaware River Basin Commission NOTICES Meetings and hearings, 11281-11282 01-4512 Economic Economic Research Service NOTICES Agency information collection activities:

Proposed collection; comment request, 11250-11251 01-4520 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 11332-11333 01-4145 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Fernald Site, OH, 11282-11283 01-4493 Nevada Test Site, NV, 11283 01-4494 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Polymers and resins— Compliance date (Group IV); indefinite stay, 11233-11236 01-2220 PROPOSED RULES Toxic substances: Significant new uses— Perfluorooctyl sulfonates; meeting, 11243-11244 01-4404 NOTICES Environmental statements; availability, etc.: Agency statements— Comment availability, 11288 01-4528 Weekly receipts, 11288-11289 01-4529 Grants and cooperative agreements; availability, etc.: Environmental Justice Through Pollution Prevention Program, 11289-11294 01-4553 Export Export Administration Bureau NOTICES Meetings:

Materials Technical Advisory Committee, 11252-11253 01-4500 FAA Federal Aviation Administration RULES VOR Federal airways, 11230-11231 01-4542 NOTICES Exemption petitions; summary and disposition, 11351-11354 01-4543 01-4544 01-4545 Meetings: RTCA, Inc., 11354 01-4546 FCC Federal Communications Commission RULES Common carrier services: Numbering resource optimization Effective date, 11236-11237 01-4425 Television broadcasting: Children's television programming reports; filing requirement extension; effective date, 11237 01-4424 FDIC Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 11294 01-4639 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 11294-11295 01-4670 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; notice of intent: Cove Point LNG L.P., 11286-11288 01-4510 *Applications, hearings, determinations, etc.:* Allegheny Energy Supply Conemaugh, LLC, 11283 01-4504 Eastern Shore Natural Gas Co., 11283-11284 01-4507 Egan Hub Partners, L.P., 11284 01-4508 Northern Border Pipeline Co., 11284 01-4503 Tennessee Gas Pipeline Co., 11284-11285 01-4506 Transwestern Pipeline Co., 11285 01-4505 Trunkline LNG Co., 11285 01-4502 Wyoming Interstate Co., Ltd., 11285-11286 01-4509 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 11295 01-4478 Formations, acquisitions, and mergers, 11295 01-4479 Permissible nonbanking activities, 11295 01-4477 Meetings; Sunshine Act, 11295-11296 01-4615 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Yellowstone cutthroat trout, 11244-11249 01-4382 Forest Forest Service NOTICES Environmental statements; notice of intent: Southwestern Region, AZ, NM, TX, and OK; American peregrine falcon, etc.; habitat management standards and guidelines, 11251 01-4471 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See National Institutes of Health Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

Facilities to assist homeless— Excess and surplus Federal property, 11455-11486 01-4332 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service International International Trade Administration NOTICES Antidumping: Antifriction bearings (other than tapered roller bearings) and parts from— Japan, 11253 01-4539 Extruded rubber thread from— Malaysia, 11254-11255 01-4534 Helical spring lock washers from— China and Taiwan, 11255-11256 01-4533 Silicon metal from— Brazil, 11256-11257 01-4536 Stainless steel butt-weld pipe fittings from— Various countries, 11257-11258 01-4540 Stainless steel flanges from— India, 11258-11259 01-4538 Top-of-the-stove stainless steel cooking ware from— Korea, 11259-11266 01-4537 Welded large diameter line pipes from— Mexico and Japan, 11266-11268 01-4541 Countervailing duties:

Pasta from— Italy, 11269-11271 01-4535 Export trade certificates of review, 11271 01-4464 International International Trade Commission NOTICES Import investigations: Stainless steel bar from— Various countries, 11314-11315 01-4435 Wool articles; U.S. market conditions, 11315-11316 01-4433 Justice Justice Department See Antitrust Division NOTICES Pollution control; consent judgments: Forsch Polymer Corp., 11316 01-4515 Gillette, Robert, 11317 01-4514 Labor Labor Department See Employment Standards Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 11332 01-4499 Land Land Management Bureau NOTICES Committees; establishment, renewal, termination, etc.: National Petroleum Reserve-Alaska Research and Monitoring Advisory Team, 11310-11311 01-4437 Environmental statements; availability, etc.: New Mexico, Colorado, and Utah; refined petroleum products pipeline, natural gas pipelines, and utility corridors, 11311-11312 01-4467 Meetings: Resource Advisory Councils— Eastern Washington, 11312 01-4466 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers:

CALEDONIA, 11354-11355 01-4523 Preferred mortgage, ownership, and control requirements; fishery endorsement determinations: FRONTIER SPIRIT, FRONTIER MARINER, and FRONTIER EXPLORER, 11355-11364 01-4470 GREAT PACIFIC, 11364-11375 01-4469 MORNING STAR, 11375-11383 01-4468 Minerals Minerals Management Service RULES Outer Continental Shelf oil and gas leasing: Leasing incentive framework establishment; bidding systems and joint bidding restrictions; and royalty suspensions, 11511-11523 01-4490 PROPOSED RULES Federal regulatory review; comment request, 11241 01-4436 NOTICES Meetings:

Minerals Management Advisory Board, 11312 01-4501 Outer Continental Shelf operations: Central Gulf of Mexico— Oil and gas lease sales, 11523-11526 01-4491 National Credit National Credit Union Administration RULES Credit unions: Involuntary liquidation; adjudication of creditor claims, 11229-11230 01-4361 PROPOSED RULES Credit unions: Records preservation program, 11239-11241 01-4398 National National Institute for Literacy NOTICES Meetings: Advisory Board, 11333-11334 01-4495 NIH National Institutes of Health NOTICES Agency information collection activities:

Proposed collection; comment request, 11298-11299 01-4588 Submission for OMB review; comment request, 11299 01-4457 Meetings: National Center for Complementary and Alternative Medicine, 11299-11300 01-4442 National Heart, Lung, and Blood Institute, 01-4440 01-4452 01-4453 11300-11301 01-4462 National Institute of Allergy and Infectious Diseases, 11302-11303 01-4451 01-4454 National Institute of General Medical Sciences, 11301-11302 01-4445 11302 01-4448 National Institute of Mental Health, 11302, 11304 01-4446 01-4463 National Institute of Nursing Research, 11301 01-4443 National Institute on Aging, 11303-11304 01-4461 National Institute on Alcohol Abuse and Alcoholism, 11301 01-4444 National Library of Medicine, 11304-11305 01-4459 01-4460 Recombinant DNA Advisory Committee, 11305 01-4455 Scientific Review Center, 11305-11310 01-4441 01-4449 01-4450 01-4458 Organization, functions, and authority delegations:

Ombudsman Office/Cooperative Resolution Center, 11310 01-4456 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico and South Atlantic coastal migratory pelagic resources, 11237-11238 01-4431 NOTICES Meetings: South Atlantic Fishery Management Council, 11271-11273 01-4532 Permits: Marine mammals, 11273-11274 01-4518 01-4519 National Park National Park Service NOTICES Meetings:

Golden Gate National Recreation Area and Point Reyes National Seashore Advisory Commission, 11313 01-4308 National Register of Historic Places: Pending nominations, 11313-11314 01-4307 Navy Navy Department NOTICES Privacy Act: Systems of records, 11278-11281 01-4337 01-4480 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Virginia Electric & Power Co., 11334-11336 01-4475 Personnel Personnel Management Office NOTICES Agency information collection activities:

Proposed collection; comment request, 11336 01-4367 Senior Executive Service: Career positions reserved during 2000; list, 11387-11454 01-4112 Postal Postal Rate Commission PROPOSED RULES Personnel: Standards of conduct; revision, 11242-11243 01-4432 Public Public Health Service See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See National Institutes of Health SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

Shares substitution applications— Lincoln Benefit Life Co. et al., 11336-11341 01-4496 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 11341-11342 01-4498 National Association of Securities Dealers, Inc., 11342-11344 01-4427 Pacific Exchange, Inc., 11344-11348 01-4497 *Applications, hearings, determinations, etc.:* S&P 500

(R)Protected Equity Fund, Inc., 11336 01-4428 State State Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 11348-11349 01-4522 Grants and cooperative agreements; availability, etc.: AF/PD Professional Internship Program, 11349-11350 01-4521 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Peoria & Pekin Union Railway Co., 11383 01-4524 TVA Tennessee Valley Authority NOTICES Meetings: Regional Resource Stewardship Council, 11350 01-4473 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Customs Service Separate Parts In This Issue Part II Office of Personnel Management, 11387-11454 01-4112 Part III Department of Housing and Urban Development, 11455-11486 01-4332 Part IV Department of Agriculture, Cooperative State Research, Education and Extension Service, 11487-11509 01-4465 Part V Department of the Interior, Minerals Management Service, 11511-11526 01-4490 01-4491 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. 66 37 Friday, February 23, 2001 Rules and Regulations NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 709 Involuntary Liquidation of Federal Credit Unions and Adjudication of Creditor Claims Involving Federally-Insured Credit Unions in Liquidation AGENCY: National Credit Union Administration. ACTION: Interim final rule with request for comments. SUMMARY: The National Credit Union Administration

(NCUA)is adopting a rule clarifying that as conservator or liquidating agent of a federally-insured credit union, the NCUA Board (Board) will honor a claim for prepayment fees by a Federal Home Loan Bank under the circumstances set forth in the rule. DATES: Effective February 23, 2001. NCUA welcomes comments on this interim final rule. Comments must be received on or before April 24, 2001. ADDRESSES: Comments should be directed to Becky Baker, Secretary of the Board. Mail or hand-deliver comments to: National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-3428. You may also fax comments to

(703)518-6319 or e-mail comments to regcomments@ncua.gov. *Please send comments by one method only.* FOR FURTHER INFORMATION CONTACT: Chrisanthy J. Loizos, Staff Attorney, Division of Operations, Office of General Counsel, at the above address or telephone:

(703)518-6540. SUPPLEMENTARY INFORMATION: Federally-insured credit unions (FICUs) are eligible for membership at the Federal Home Loan Bank in their district provided they meet certain statutory requirements. 12 U.S.C. 1422(12)(B), 1424. As members of a Federal Home Loan Bank, FICUs may receive long term, secured advances for the purpose of providing funds for residential loans. *See* 12 U.S.C. 1430(a). Under the Affordable Housing Program, Federal Home Loan Banks “subsidize the interest rate on advances to members engaged in lending for long term, low-and moderate-income, owner-occupied and affordable rental housing at subsidized interest rates.” 12 U.S.C. 1430(j). Federal Home Loan Banks also make advances to members that undertake community-oriented mortgage lending. 12 U.S.C. 1430(i). Under the Community Investment Program, advances to members are “priced at the cost of consolidated Federal Home Loan Bank obligations of comparable maturities, taking into account reasonable administrative costs.” *Id.* Therefore, these advances may be available to members at costs lower than alternative sources of funds. The Board, when acting as conservator or liquidating agent of any FICU, has the power to disaffirm or repudiate contracts or leases

(i)to which the credit union is a party;

(ii)the performance of which the conservator or liquidating agent, in the conservator's or liquidating agent's discretion, determines to be burdensome; and

(iii)the disaffirmance or repudiation of which the conservator or liquidating agent determines, in the conservator's or liquidating agent's discretion, will promote the orderly administration of the credit union's affairs. 12 U.S.C. 1787(c)(1). Repudiation of a contract relieves the Board from performing any unperformed obligations remaining under the contract. Repudiation also entitles the other party to the contract to a claim for damages, which are limited by statute to actual direct compensatory damages determined as of the date of the appointment of the liquidating agent or conservator. *See* 12 U.S.C. 1787(c)(3). The Federal Credit Union Act establishes an exception to the Board's authority to repudiate contracts entered into by an FICU before the Board is appointed the FICU's conservator or liquidating agent. The Board may not repudiate a contract regarding an extension of credit from any Federal Home Loan Bank to an FICU. 12 U.S.C. 1787(c)(13). This rule, § 709.12, sets forth the circumstances under which the Board, as conservator or liquidating agent, will honor a claim for prepayment fees by a Federal Home Loan Bank

(Bank)when an FICU in conservatorship or liquidation has an outstanding extension of credit with the Bank. The rule tracks one used by the Federal Deposit Insurance Corporation

(FDIC)when federally-insured banks with extensions of credit from a Federal Home Loan Bank are conserved or placed in receivership. *See* 12 CFR 360.2(e). Like the Board, the FDIC has the statutory authority to repudiate contracts when appointed conservator or receiver for a federally-insured bank under section 11(e) of the Federal Deposit Insurance Act. 12 U.S.C. 1821(e). Likewise, the Federal Deposit Insurance Act also carves out an exception for extensions of credit from any Federal Home Loan Bank. 12 U.S.C. 1821(e)(13)(A). By providing these exceptions for Federal Home Loan Banks in both the Federal Credit Union Act and the Federal Deposit Insurance Act, Congress recognized that they have a unique role as special lenders to depository institutions. Prepayment fees are an integral part of the operations of Federal Home Loan Banks because they issue long term obligations in order to make prudent long term advances to members. The prepayment of long term advances can result in losses to a Bank, depending upon reinvestment opportunities available at the time of such prepayment. 54 FR 19155, May 4, 1989. The rule allows the payment of a prepayment fee to the Bank if set forth in a written contract, provided:

(1)That the fee does not exceed the present value of any economic loss suffered by the Bank; and,

(2)the collateral is sufficient to pay in full the principal and interest due on secured advances and the applicable prepayment fee. Interim Final Rule The NCUA Board is issuing this rule as an interim final rule because there is a strong public interest in assuring that FICUs are in the same position as other depository institutions that obtain advances from Federal Home Loan Banks as soon as possible. This interim rule benefits FICUs with no additional burden by giving them the opportunity to receive advances from Federal Home Loan Banks at a lower cost of funds than may be available from alternative sources. Accordingly, for good cause, the Board finds that, pursuant to 5 U.S.C. 553(b)(3)(B), notice and public procedures are impracticable, unnecessary, and contrary to the public interest; and, pursuant to 5 U.S.C. 553(d)(3), the rule shall be effective immediately and without 30 days advance notice of publication. Although the rule is being issued as an interim final rule and is effective immediately, the NCUA Board encourages interested parties to submit comments. Regulatory Procedures Regulatory Flexibility Act The Regulatory Flexibility Act requires NCUA to prepare an analysis to describe any significant economic impact any regulation may have on a substantial number of small entities. For purposes of this analysis, credit unions under $1 million in assets will be considered small entities. The NCUA Board has determined and certifies that this rule will not have a significant economic impact on a substantial number of small entities. This rule allows FICUs that are members of Federal Home Loan Banks to receive advances at lower rates of interest for the benefit of their members without any additional regulatory burden or expense to credit unions. Accordingly, the NCUA has determined that a Regulatory Flexibility Analysis is not required. Paperwork Reduction Act NCUA has determined that this rule does not increase paperwork requirements under the Paperwork Reduction Act of 1995 and regulations of the Office of Management and Budget. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121) provides generally for congressional review of agency rules. A reporting requirement is triggered in instances where NCUA issues a final rule as defined by Section 551 of the Administrative Procedures Act. 5 U.S.C. 551. The Office of Management and Budget has determined that this is not a major rule. Executive Order 13132 Executive Order 13132 encourages independent regulatory agencies to consider the impact of their regulatory actions on state and local interests. In adherence to fundamental federalism principles, NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies with the executive order. This rule will apply to some state-chartered credit unions, but it will not have substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. NCUA has determined that this rule does not constitute a policy that has federalism implications for purposes of the executive order. Agency Regulatory Goal NCUA's goal is to promulgate clear and understandable regulations that impose minimal regulatory burden. We request your comments on whether this rule is understandable and minimally intrusive. List of Subjects in 12 CFR Part 709 Credit unions, Liquidations. By the National Credit Union Administration Board, on February 15, 2001. Becky Baker, Secretary of the Board. For the reasons stated above, NCUA amends 12 CFR part 709 as follows: PART 709—INVOLUNTARY LIQUIDATION OF FEDERAL CREDIT UNIONS AND ADJUDICATION OF CREDITOR CLAIMS INVOLVING FEDERALLY-INSURED CREDIT UNIONS IN LIQUIDATION 1. The authority citation for part 709 continues to read as follows: Authority: 12 U.S.C. 1757, 1766, 1767, 1786, 1787, 1788, 1789, 1789a. 2. Amend § 709.0 by revising the first sentence to read as follows: § 709.0 Scope. The rules and procedures in this part apply to charter revocations of federal credit unions under 12 U.S.C. 1787(a)(1)(A), (B), the involuntary liquidation and adjudication of creditor claims in all cases involving federally-insured credit unions, the treatment by the Board as conservator or liquidating agent of financial assets transferred in connection with a securitization or participation or of public funds held by a federally-insured credit union, and the allowance of prepayment fees to Federal Home Loan Banks under specified conditions. * * * 3. Add § 709.12 to part 709 to read as follows: § 709.12 Prepayment Fees to Federal Home Loan Bank. The Board as conservator or liquidating agent of a federally-insured credit union in receipt of any extension of credit from a Federal Home Loan Bank will allow a claim for a prepayment fee by the Bank if:

(a)The claim is made pursuant to a written contract that provides for a prepayment fee but the prepayment fee allowed by the Board will not exceed the present value of the loss attributable to the difference between the contract rate of the secured borrowing and the reinvestment rate then available to the Bank; and

(b)The indebtedness owed to the Bank is secured by sufficient collateral in which a perfected security interest in favor of the Bank exists or as to which the Bank's security interest is entitled to priority under section 306(d) of the Competitive Equality Banking Act of 1987, 12 U.S.C. 1430(e) footnote (1), or otherwise so that the aggregate of the outstanding principal on the advances secured by the collateral, the accrued but unpaid interest on the outstanding principal and the prepayment fee applicable to the advances can be paid in full from the amounts realized from the collateral. For purposes of this paragraph, the adequacy of the collateral will be determined as of the date the prepayment fees are due and payable under the terms of the written contract. [FR Doc. 01-4361 Filed 2-22-01; 8:45 am]

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