Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2001-10-03.xml --- 66 192 Wednesday, October 3, 2001 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency information collection activities: Proposed collection; comment request, 50437-50438 01-24744 Agency Agency for Toxic Substances and Disease Registry NOTICES Senior Executive Service: Performance Review Board; membership, 50438-50439 01-24678 Agriculture Agriculture Department See Natural Resources Conservation Service See Rural Business-Cooperative Service See Rural Utilities Service Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities:

Submission for OMB review; comment request, 01-24741 50439-50440 01-24742 Committees; establishment, renewal, termination, etc.: Medicare Education Advisory Panel, 50440 01-24913 Coast Guard Coast Guard RULES Anchorage regulations, etc.: Delaware Bay and River; safety zone, 50315-50318 01-24738 NOTICES Grants and cooperative agreements; availability, etc.: National boating safety activities; national, nongovernmental, nonprofit, public service organizations, 50490-50491 01-24737 Commerce Commerce Department 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, 50397 01-24723 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Korea, 50419-50420 01-24675 Malaysia, 50420-50421 01-24676 Philippines, 50421 01-24677 Council Council on Environmental Quality NOTICES Committees; establishment, renewal, termination, etc.: Energy Task Force, 50434-50435 01-24696 Defense Defense Department RULES Acquisition regulations: Caribbean Basin country end products Correction, 50504 C1-22425 Indian organizations and Indian-owned economic enterprises; utilization Correction, 50504 C1-22424 Reporting requirements update Correction, 50504 C1-22420 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Cambridge Isotope Lab, 50453-50454 01-24641 Roche Diagnostics Corp., 50454 01-24642 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board— Hanford Site, WA, 50422-50423 01-24681 Paducah Gaseous Diffusion Plant, KY, 50422 01-24680 Savannah River Site, SC, 50421-50422 01-24679 Radioactive waste: Yucca Mountain, NV— Site recommendation consideration; hearings, etc., 50423-50424 01-24767 Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Energy conservation: Commercial and industrial equipment; energy efficiency program— Underwriters Laboratories Inc.; electric motor efficiency; classification petition, 50355-50358 01-24682 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Boat manufacturing facilities Correction, 50504 C1-20895 Air pollution control: State operating permits programs— Delaware, 50321-50325 01-24707 West Virginia, 50325-50329 01-24709 Air quality implementation plans; approval and promulgation; various States: California, 50319-50321 01-24483 Hazardous waste: Identification and listing— Mixture and derived-from rules; treatment, storage, or disposal, 50332-50334 01-24068 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Tebufenozide, 50329-50332 01-24720 Water pollution; effluent guidelines for point source categories: Publicly owned treatment works; pretreatment program reinvention pilot projects under Project XL, 50334-50340 01-24713 PROPOSED RULES Air pollution control: State operating permits programs— Delaware, 50378-50379 01-24708 Virginia, 50375-50378 01-24714 West Virginia, 50379 01-24710 Air quality implementation plans; approval and promulgation; various States: California, 50375 01-24484 Hazardous waste:

Identification and listing— Mixture rule revisions, 50379-50380 01-24073 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 50380-50383 01-24486 NOTICES Grants and cooperative agreements; availability, etc.: Ecology and Oceanography of Harmful Algal Blooms Program, 50428-50429 01-24717 Meetings: Polycyclic aromatic hydrocarbon mixtures, health assessment; alternative approaches; peer consultation workshop, 50429-50430 01-24718 Pesticide programs:

Restricted use pesticides; applicators certification; State plans— Nebraska, 50430-50431 01-24604 Radiation protection programs: Idaho National Engineering and Environmental Laboratory, ID— Transuranic radioactive waste for disposal at Waste Isolation Pilot Plant; waste characterization program documents availability, 50431-50432 01-24716 Savannah River Site, SC— Transuranic radioactive waste for disposal at Waste Isolation Pilot Plant; waste characterization program documents availability, 50432-50433 01-24715 Reports and guidance documents; availability, etc.:

Minor use pesticides; public report, 50433 01-24489 State and Tribal assistance grants; three percent set-aside provision; implementation guidelines, 50433-50434 01-24719 Water supply: Public water supply supervision program— Nebraska, 50434 01-24487 Environment Environmental Quality Council See Council on Environmental Quality Executive Executive Office of the President See Council on Environmental Quality See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives:

Agusta S.p.A., 50306-50307 01-24623 Bell, 50304-50306 01-24622 Eurocopter France, 50307-50310 01-24624 Airworthiness standards: Special conditions— Hartzell Propeller, Inc. Model HC-E5A-2/E8991 constant speed propeller, 50302-50304 01-24429 Restricted areas, 50310 01-24728 NOTICES Advisory circulars; availability, etc.: Amateur-built aircraft; certification and operation, 50491 01-24733 Agency information collection activities: Submission for OMB review; comment request, 50491-50492 01-24731 01-24732 Exemption petitions; summary and disposition, 50492 01-24734 Passenger facility charges; applications, etc.:

Great Falls International Airport, MT, 50493 01-24729 Salt Lake City International Airport, UT, 50493-50494 01-24730 Federal Election Federal Election Commission PROPOSED RULES Internet and Federal elections; campaign-related activity on web sites of individuals, corporations, and labor organizations, 50358-50366 01-24643 Federal Energy Federal Energy Regulatory Commission NOTICES Hydroelectric applications, 01-24690 50426-50428 01-24691 01-24692 Reports and guidance documents; availability, etc.:

Ensuring Sufficient Capacity Reserves in Today's Energy Markets; comment request, 50428 01-24689 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 50424 01-24695 El Paso Natural Gas Co., 50424-50425 01-24688 Kern River Gas Transmission Co., 50425 01-24694 TransColorado Gas Transmission Co., 50425 01-24693 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Butler County, PA, 50494 01-24743 Federal Housing Federal Housing Finance Board RULES Affordable Housing Program; amendments, 50296-50302 01-24586 Federal home loan bank system:

Community Investment Cash Advance Programs, 50293-50296 01-24587 PROPOSED RULES Federal home loan bank system: Multiple Federal home loan bank memberships, 50366-50375 01-24588 NOTICES Agency information collection activities: Submission for OMB review; comment request, 50435 01-24674 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 50435-50436 01-24756 Ocean transportation intermediary licenses: Air Cargo Centralam, Inc., et al., 50436 01-24757 E-Z Express Corp. et al., 50436 01-24758 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 50436-50437 01-24658 Fish Fish and Wildlife Service RULES Endangered and threatened species: Ohlone tiger beetle, 50340-50350 01-24647 PROPOSED RULES Endangered and threatened species: Rota bridled white-eye, 50383-50390 01-24659 NOTICES Environmental statements; availability, etc.: Survival enhancement permits— San Joaquin kit fox, Kern County, CA, 50444-50445 01-24759 Food Food and Drug Administration NOTICES Reports and guidance documents; availability, etc.:

Electronic records; electronic signatures— Glossary of terms; correction, 50440-50441 01-24768 Foreign Foreign Assets Control Office RULES Federal Republic of Yugoslavia (Serbia and Montenegro); Kosovo and Milosevic sanctions regulations, 50505-50519 01-24685 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service NOTICES Meetings:

National Human Research Protections Advisory Committee, 50437 01-24669 Health Health Resources and Services Administration NOTICES Committees; establishment, renewal, termination, etc.: Organ Transplantation Advisory Committee, 50441-50442 01-24638 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 50443-50444 01-24655 Indian Indian Health Service NOTICES Organization, functions, and authority delegations:

Bemidji Area reorganization, 50442-50443 01-24769 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International International Trade Administration NOTICES Antidumping: Hot-rolled carbon steel flat products from— India, 50406-50408 01-24752 Kazakhstan, 50397-50401 01-24750 Netherlands, 50408-50410 01-24754 Ukraine, 50401-50406 01-24751 Countervailing duties: Hot-rolled carbon steel flat products from— South Africa, 50412-50415 01-24755 Thailand, 50410-50412 01-24753 International International Trade Commission NOTICES Import investigations:

Pasta from— Italy and Turkey, 50453 01-24668 Justice Justice Department See Drug Enforcement Administration Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.: Wyoming, 50446-50447 01-24662 Environmental statements; notice of intent: Federal oil and gas leases; planning analyses, 50447 01-24663 Powder River Federal Coal Production Region, WY, 50447-50449 01-24661 Vernal Resource Area, UT, 50449 01-24665 Oil and gas leases:

Wyoming, 50449-50450 01-24683 01-24684 Survey plat filings: Michigan, 50450 01-24664 Maritime Maritime Administration NOTICES Meetings: Marine Transportation System National Advisory Council, 50494-50495 01-24735 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities: Proposed collection; comment request, 50495-50496 01-24666 Motor vehicle safety standards; exemption petitions, etc.: General Motors North America, Inc., 50496-50499 01-24724 Mazda Motors Corp., 50499 01-24726 Volkswagen of America, Inc., 50499-50500 01-24725 01-24727 National Labor National Labor Relations Board RULES Freedom of Information Act; implementation, 50310-50315 01-24739 NOAA National Oceanic and Atmospheric Administration RULES Marine mammals:

Sea turtle conservation; North Carolina gillnet fishing restrictions, 50350-50354 01-24722 PROPOSED RULES Marine mammals: Atlantic Large Whale Take Reduction Plan, 50390-50394 01-24910 NOTICES Agency information collection activities: Proposed collection; comment request, 50415 01-24760 Marine mammals: Incidental taking; authorization letters, etc.— Mugu Lagoon, CA; building demolition activities; harbor seals, etc., 50416-50419 01-24761 National Park National Park Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 50450-50451 01-24650 Environmental statements; availability, etc.: Automobile National Heritage Area, MI, 50451 01-24649 Dry Tortugas National Park, FL, 50451-50452 01-24651 Fort Frederica National Monument, GA, 50452 01-24652 National Science National Science Foundation NOTICES Meetings: Environmental Research and Education Advisory Committee, 50458 01-24686 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes:

Virginia, 50395 01-24646 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Carolina Power & Light Co., 50458-50459 01-24705 Entergy Nuclear Operations, Inc., 50459-50461 01-24706 Meetings: Nuclear Waste Advisory Committeee, 50461-50462 01-24703 Reactor Safeguards Advisory Committee, 50462-50463 01-24704 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 50463-50480 01-24580 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 50454-50458 01-24653 01-24699 01-24700 01-24701 Postal Postal Rate Commission NOTICES Domestic rates, fees, and mail classification changes: Manual delivery confirmation fee; experimental suspension for Priority Mail, 50483-50485 01-24639 Omnibus rate, fee, and classification changes, 50480-50482 01-24654 Visits to facilities, 50485 01-24640 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Gold Star Mother's Day (Proc. 7474), 50289-50290 01-24916 National Public Lands Day (Proc. 7473), 50287-50288 01-24915 EXECUTIVE ORDERS Committees; establishment, renewal, termination, etc.:

Federal advisory committees, continuance of certain (EO 13225), 50291-50292 01-24917 Science and Technology, President's Council of Advisors on; establishment (EO 13226), 50521-50524 01-24983 Public Public Health Service See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service Research Research and Special Programs Administration NOTICES Hazardous materials:

Exemption applications delayed; list, 50500-50502 01-24736 Rural Rural Business-Cooperative Service NOTICES Agency information collection activities: Proposed collection; comment request, 50395-50396 01-24670 RUS Rural Utilities Service NOTICES Environmental statements; availability, etc.: Southern Intertie Project, AK, 50396-50397 01-24740 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 50485-50487 01-24702 Options Clearing Corp., 50487-50488 01-24657 SBA Small Business Administration NOTICES Meetings:

National Women's Business Council, 50488 01-24644 Meetings; district and regional advisory councils: New York, 50488-50489 01-24645 State State Department NOTICES Meetings: Historical Diplomatic Documentation Advisory Committee, 50489 01-24745 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration NOTICES Reports and guidance documents; availability, etc.:

Significant airline service reductions, 50489 01-24770 Treasury Treasury Department See Foreign Assets Control Office Veterans Veterans Affairs Department RULES Board of Veterans Appeals: Rules of practice— Substantive appeal filings; time limit, 50318-50319 01-24766 NOTICES Agency information collection activities: Proposed collection; comment request, 50502 01-24763 01-24764 Submission for OMB review; comment request, 50503 01-24765 Separate Parts In This Issue Part II Foreign Assets Control Office, 50505-50519 01-24685 Part III The President, 50521-50524 01-24983 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.

To subscribe to the Federal Register Table of Contents LISTERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 66 192 Wednesday, October 3, 2001 Rules and Regulations FEDERAL HOUSING FINANCE BOARD 12 CFR Parts 950 and 952 [No. 2001-19] RIN 3069-AA99 Amendment of Community Investment Cash Advance Programs Regulation AGENCY: Federal Housing Finance Board.

ACTION: Final rule. SUMMARY: The Federal Housing Finance Board (Finance Board) is amending its regulation on Community Investment Cash Advance

(CICA)Programs (CICA Regulation) to make certain technical revisions clarifying CICA Program requirements and improving the operation of CICA Programs. The final rule clarifies that the Federal Home Loan Banks (Banks) may offer grants, in addition to advances, under certain CICA Programs, and amends the definition of “median income for the area” to include additional sources of median income data that may be used to determine income eligibility for projects and households funded under CICA programs. EFFECTIVE DATE: The final rule shall be effective on November 2, 2001. FOR FURTHER INFORMATION CONTACT: Charles E. McLean, Deputy Director,

(202)408-2537, or Melissa L. Allen, Program Analyst,

(202)408-2524, Program Assistance Division, Office of Policy, Research and Analysis; or Sharon B. Like, Senior Attorney-Advisor, Office of General Counsel,

(202)408-2930, Federal Housing Finance Board, 1777 F Street, N.W., Washington, D.C. 20006. SUPPLEMENTARY INFORMATION: I. Statutory and Regulatory Background Section 10(j)(10) of the Federal Home Loan Bank Act (Bank Act) authorizes the Banks to establish CICA Programs to support community investment. *See* 12 U.S.C. 1430(j)(10). In order to facilitate and encourage targeted community lending under section 10(j)(10), in 1998, the Finance Board adopted a final regulation providing the Banks with parameters for the establishment of CICA Programs. *See* 63 FR 65536, Nov. 27, 1998; 12 CFR part 952 (formerly 12 CFR part 970). In the course of implementing CICA Programs under the new CICA Regulation, the Banks and Finance Board staff have identified several technical issues, the resolution of which would clarify CICA Program requirements and improve the effectiveness of CICA Programs. Accordingly, on July 13, 2001, the Finance Board published a proposed rule requesting comment on proposed amendments to the CICA Regulation. *See* 66 FR 36715, July 13, 2001. The proposed rule provided for a 30-day comment period, which closed on August 13, 2001. The Finance Board received five comment letters on the proposed rule. Commenters included: three Banks; one trade association; and one lender. The comments are discussed in the Analysis of Final Rule section below. II. Analysis of Final Rule A. Providing Grants under Certain CICA Programs—§§ 950.1, 952.2, 952.3, 952.5, 952.7 As discussed in the SUPPLEMENTARY INFORMATION section of the proposed rule, a number of Banks have asked whether the CICA Regulation does or could authorize the Banks to provide grants, in addition to advances, to members under certain CICA Programs. The current CICA Regulation defines an “RDA program or Rural Development Advance program” and a “UDA program or Urban Development Advance program” as a program offered by a Bank for community lending in rural or urban areas, respectively. *See* 12 CFR 952.3. Even though these programs are styled as “advance” programs in the CICA Regulation, the definitions do not specify the types of financing, such as advances or grants, that a Bank may offer under such programs nor do they limit financing to advances. Accordingly, the Finance Board has interpreted these definition provisions to mean programs under which a Bank offers advances or grants to members. *See* Finance Board Regulatory Interpretation 2000-RI-2 (April 10, 2000). The proposed rule would amend the definitional provisions and terminology in § 950.1 of the Finance Board's Advances Regulation and §§ 952.2, 952.3, 952.5 and 952.7 of the CICA Regulation to incorporate the Finance Board's interpretation, thereby specifying and clarifying the grant authority in the rule. 1 Specifically, references to the authority to provide grants under RDA and UDA Programs would be added, and the word “funding,” which incorporates the concept of grants, would be substituted for the word “advance,” where applicable. Thus, the “RDA program or Rural Development Advance program” would be renamed the “RDF program or Rural Development Funding program,” and the “UDA program or Urban Development Advance program” would be renamed the “UDF program or Urban Development Funding program.” The definitions of “RDA or Rural Development Advance” and “UDA or Urban Development Advance” would be deleted as redundant. Certain other technical amendments would be made to provide greater clarity to the language. 1 This interpretation and the proposed amendments, however, would not apply to the Banks' Community Investment Programs (CIP), which remain exclusively advance programs. Under the current CICA Regulation, members receiving grants from a Bank must use the proceeds of such grants to “provide financing” to targeted beneficiaries, which is defined to include certain types of financing, including making loans to targeted beneficiaries. *See* 12 CFR 952.3. If a Bank chooses to provide grants under its RDF or UDF Programs, the Bank may establish requirements with which members must comply in order to obtain and use the grants. Commenters generally supported the proposed clarification of grant authority. Accordingly, the final rule adopts without change the proposed amendments clarifying the Bank's grant authority in §§ 950.1, 952.2, 952.3, 952.5, and 952.7. B. Definition of “Median Income for the Area”—§ 952.3 Under the current CICA Regulation, economic development projects and manufactured housing parks are eligible for CICA funding if they are located in areas or neighborhoods with a median income at or below the targeted income level of the specific CICA Program ( *e.g.,* 80% for CIP, 100% for UDA Programs, 115% for RDA Programs). *See id.* § 952.3. Section 952.3 defines “median income for the area” generally as one or more of the following, as determined by the Bank:

(1)The median income for the area, as published annually by the Department of Housing and Urban Development (HUD);

(2)the applicable median family income, as determined under 26 U.S.C. 143(f) and published by a state mortgage revenue bond program;

(3)the median income for the area, as published by the U.S. Department of Agriculture; or

(4)the median income for any definable geographic area, as published by a Federal, state or local government entity for purposes of that entity's housing and economic development programs, and approved by the Finance Board, at the request of a Bank. *See id.* § 952.3. These are the same median income data sources as those adopted by the Finance Board in the revised Affordable Housing Program

(AHP)Regulation in 1997. *See id.* § 951.1 (formerly 12 CFR 960.1). However, the AHP Regulation does not incorporate the concept of “neighborhood” in its median income standards. A “neighborhood” is defined in the CICA Regulation as a small geographic area, *i.e.,* a census tract, block numbering area (BNA), unit of local government with a population of 25,000 or less, rural county, or other geographic location designated in comprehensive plans, ordinances, or other local documents as a neighborhood, village, or similar geographic designation that is within, but smaller than, a unit of general local government. *Id.* § 952.3. As discussed in the SUPPLEMENTARY INFORMATION section of the proposed rule, the Finance Board has determined that the median income data provided by the above sources for determining the median income for an area are not sufficient for the Banks to determine the median income for a neighborhood, as defined in the CICA Regulation. The sources provide current median income data on an annual basis for areas, such as counties, Metropolitan Statistical Areas (MSAs), non-metropolitan areas and states, but not for smaller geographical areas defined as “neighborhoods” in the CICA Regulation. HUD does publish annually the 1990 Census information for median income for census tracts, but this data is not updated from the 1990 figures. The Finance Board believes that up-to-date income data will enhance the Banks' capacity to implement effectively the “neighborhood” provisions of the CICA Regulation, an important tool in meeting local economic development needs. Consequently, the proposed rule would add a definition of “median income for the neighborhood” to the CICA Regulation to enable the Banks to obtain median income data for neighborhoods from:

(1)The Federal Financial Institutions Examination Council (FFIEC); or

(2)other public or private sources with the approval of the Finance Board. The proposed rule specified FFIEC because it is a Federal government source that publishes updated median income data for neighborhoods and other areas, based on existing HUD median income data. The proposed rule did not specify any of the possible private sources, but allowed the Banks to obtain Finance Board approval for the use of a source other than FFIEC if one can be identified. The proposed rule would allow the use of these additional sources of median income data only for economic development projects and manufactured housing parks located in neighborhoods, as defined in the CICA Regulation, and only when current median income data for the applicable neighborhood is unavailable from the sources prescribed in the definition of “median income for the area” in the CICA Regulation. Commenters generally supported allowing the Banks to use FFIEC and other sources of median income data for economic development projects and manufactured housing parks located in neighborhoods. One commenter recommended allowing FFIEC to be used as a primary source of median income data, even if current median income data for the applicable neighborhood is available from the sources already prescribed in the regulation. The commenter stated that the FFIEC data is readily available, objective information, and that the Banks should not have to verify for each project that median income data is not otherwise available from the sources listed in the regulation. The Finance Board believes that these points have merit, and, therefore, the final rule allows FFIEC to be used as a primary source for median income data for economic development projects and manufactured housing parks located in neighborhoods, regardless of the availability of other median income data sources. In addition, because the updated FFIEC median income data is derived from existing HUD data, which is a permissible source of area median income data for housing projects under the current CICA Regulation, the Finance Board believes that the Banks should be able to use such FFIEC data not only for economic development projects and manufactured housing parks, but also for housing projects. Therefore, instead of adding a separate definition of “Median income for the neighborhood,” the final rule adds new paragraphs (1)(ii) and (2)(ii) to the existing definition of “Median income for the area” in § 952.3 to include FFIEC as a primary data source, and renumbers the remaining paragraphs accordingly. As noted above, under the current CICA regulation, a Bank may use median income data published by a government entity for purposes of that entity's own housing and economic development programs, subject to Finance Board approval. *See id.* § 952.3 (definition of “Median income for the area” (paragraphs (1)(iv), (2)(ii))). The proposed rule would expand this authority by allowing the Banks to use other public or private median income data sources for economic development projects and manufactured housing parks located in neighborhoods, subject to Finance Board approval, without the requirement that such data be published for purposes of the entity's own housing and economic development programs. Since these alternative public or private sources may also calculate area median income data for areas other than neighborhoods, the Finance Board believes that the Banks should be able to use such data not only for economic development projects and manufactured housing parks located in neighborhoods, but also for housing projects. Accordingly, the final rule replaces existing paragraphs (1)(iv) and (2)(ii) of the definition of “Median income for the area” with this new broader authority in renumbered paragraphs (1)(v) and (2)(iii). A commenter suggested that the requirement for Finance Board approval of alternative sources of median income data be removed, on the basis that the Banks are in the best position to determine whether such a source of median income data is acceptable, subject to Finance Board review and examination. The Finance Board believes that Finance Board approval of alternative sources of median income data continues to be important for consistency and reliability in implementing CICA programs. Therefore, the commenter's suggestion is not adopted in the final rule. Another commenter stated that Finance Board approval should not be required for a Bank if an alternative median income data source has been previously approved by the Finance Board for another Bank. The language of the proposed rule, which is adopted without change in the final rule, does not require additional Finance Board approval under such circumstances. C. Technical Clarification of Definition of “Housing Projects”—§ 952.3 Section 952.3 of the current CICA Regulation defines “Housing projects” as projects or activities that involve the purchase, construction or rehabilitation of, or predevelopment financing for, certain types of housing. *See id.* § 952.3. Section 952.5(c) of the current CICA Regulation states that CICA funding other than AHP funding also may be used to refinance economic development projects and housing projects under certain conditions. *See id.* § 952.5(c). As discussed in the SUPPLEMENTARY INFORMATION section of the proposed rule, the proposed rule would add refinancing (subject to the conditions in § 952.5(c)) to the definition of “Housing projects” in § 952.3 to clarify, consistent with § 952.5(c), that housing projects involving refinancing also are eligible projects for CICA funding. Commenters generally supported the proposed clarification. Accordingly, the final rule adopts the proposed amendment to § 952.3 without change. D. Technical Clarification of Definition of “Geographically Defined Beneficiaries”—§ 952.3 (par. (1)(ix)) A “Geographically defined beneficiary” is defined in the current CICA Regulation to include a “project [that] is located in a state declared disaster area, or qualifies for assistance under another Federal or state targeted economic development program, approved by the Finance Board.” *Id.* § 952.3 (definition of “Targeted beneficiaries” (par. (1)(ix))). As discussed in the SUPPLEMENTARY INFORMATION section of the proposed rule, the proposed rule would insert the words “other area that” before the word “qualifies” in this sentence to clarify that, to be a geographically defined beneficiary, it is not the project itself, but rather the area in which the project is located, that must qualify for such targeted economic development assistance. Commenters generally supported the proposed clarification. Accordingly, the final rule adopts the proposed amendment to § 952.3 (par. (1)(ix)) without change. III. Regulatory Flexibility Act The final rule applies only to the Banks, which do not come within the meaning of “small entities,” as defined in the Regulatory Flexibility Act (RFA). *See* 5 U.S.C. 601(6). Therefore, in accordance with section 605(b) of the RFA, *see id.* section 605(b), the Finance Board hereby certifies that the final rule will not have a significant economic impact on a substantial number of small entities. IV. Paperwork Reduction Act The final rule does not contain any collections of information pursuant to the Paperwork Reduction Act of 1995. *See* 44 U.S.C. 3501 *et seq.* Therefore, the Finance Board has not submitted any information to the Office of Management and Budget for review. List of Subjects 12 CFR Part 950 Credit, Federal home loan banks, Housing, Reporting and recordkeeping requirements. 12 CFR Part 952 Community development, Credit, Federal home loan banks, Housing, Reporting and recordkeeping requirements. Accordingly, chapter IX, title 12, Code of Federal Regulations, is hereby amended, as set forth below: Subchapter G—Federal Home Loan Bank Assets and off-Balance Sheet Items PART 950—ADVANCES 1. The authority citation for part 950 continues to read as follows: Authority: 12 U.S.C. 1422a(a)(3), 1422b(a)(1), 1426, 1429, 1430, 1430b, and 1431. § 950.1 [Amended] 2. Amend § 950.1 in the definition of *Community Investment Cash Advance or CICA* by: a. Removing the words “advances for targeted community lending” and adding, in their place, the words “funding for targeted community lending”; and b. Removing the words “Rural Development Advance (RDA)” and “Urban Development Advance (UDA)” and adding, in their place, the words “Rural Development Funding (RDF)” and “Urban Development Funding (UDF)”, respectively. PART 952—COMMUNITY INVESTMENT CASH ADVANCE PROGRAMS 3. The authority citation for part 952 continues to read as follows: Authority: 12 U.S.C. 1422b(a)(1) and 1430. § 952.2 [Amended] 4. Amend § 952.2 by: a. Removing the words “Rural Development Advance (RDA)” and “Urban Development Advance (UDA)” and adding, in their place, the words “Rural Development Funding (RDF)” and “Urban Development Funding (UDF)”, respectively; and b. Adding a sentence at the end of the section to read as follows: § 952.2 Purpose. * * * A Bank may provide advances or grants under its CICA programs except for CIP programs, under which a Bank may only provide advances. § 952.3 [Amended] 5. Amend § 952.3 by: a. In the definition of *CICA program* or *Community Investment Cash Advance program* , in paragraph (3), removing the term “REA” and adding, in its place, the word “A”, and removing the terms “RDA” and “UDA” and adding, in their place, the terms “RDF” and “UDF”, respectively; and in paragraph (4), adding the words “advance or grant” between the words “other” and “program”; b. In the definition of *CIP* , removing the words “a CICA program” and adding, in their place, the words “an advance program under CICA”; c. In the introductory text of the definition of *Housing projects* , removing the words “purchase, construction or rehabilitation” and adding, in their place, the words “purchase, construction, rehabilitation or refinancing (subject to § 952.5(c) of this part)”; d. In the definition of “Median income for the area”, redesignating paragraphs (1)(ii) through (1)(iv) and paragraph (2)(ii) as paragraphs (1)(iii) through (1)(v) and (2)(iii), respectively; adding new paragraphs (1)(ii) and (2)(ii); and revising newly redesignated paragraphs (1)(v) and (2)(iii); e. In the definition of *Provide financing* , removing the words “an advance” in paragraphs

(4)and

(5)and the word “advance” in paragraph (6), and adding, in their place, the word “funding”; f. Removing the definition of *RDA* or *Rural Development Advance* ; g. In the definition of *RDA program* or *Rural Development Advance program* , removing the terms “RDA” and “Advance” and adding, in their place, the terms “RDF” and “Funding”, respectively, and removing the words “a program” and adding, in their place, the words “an advance or grant program”; h. In paragraph (1)(ix) of the definition of *Targeted beneficiaries* , adding the words “other area that” between the words “or” and “qualifies”; i. In the definition of *Targeted income level* , amending the introductory text of paragraph

(3)by removing the term “CICA”; and amending paragraph

(4)by removing the words “CICA advances” and adding, in their place, the words “advances or grants”; j. Removing the definition of *UDA* or *Urban Development Advance* ; and k. In the definition of *UDA program* or *Urban Development Advance program* , removing the terms “UDA” and “Advance” and adding, in their place, the terms “UDF” and “Funding”, respectively, and removing the words “a program” and adding, in their place, the words “an advance or grant program”. The additions and revisions read as follows: § 952.3 Definitions. Median income for the area.

(1)* * *

(ii)The median income for the area obtained from the Federal Financial Institutions Examination Council;

(v)The median income for the area obtained from another public entity or a private source and approved by the Board of Directors, at the request of a Bank, for use under the Bank's CICA programs.

(2)* * *

(ii)The median income for the area obtained from the Federal Financial Institutions Examination Council;

(iii)The median income for the area obtained from another public entity or a private source and approved by the Board of Directors, at the request of a Bank, for use under the Bank's CICA programs. § 952.5 [Amended] 6. Amend § 952.5 by: a. In paragraph (a)(3), removing the terms “RDA” and “UDA” and adding, in their place, the terms “RDF” and “UDF”, respectively; b. In paragraph (c), removing the word “advances” and adding, in its place, the word “funding”; c. In the heading of paragraph (d), and in paragraphs (d)(2) and (d)(3), removing the term “CICA” wherever it appears; and d. In paragraphs (d)(5) and (d)(6)(i), removing the words “CICA advances” wherever they appear and adding, in their place, the words “advances made under CICA programs”. § 952.7 [Amended] 7. Amend § 952.7 by: a. In paragraph (a), removing the words “by a CICA advance” and adding, in their place, the words “under a CICA program”; and b. In paragraph (c), removing the word “lending” and adding, in its place, the word “funding”. Dated: September 26, 2001. By the Board of Directors of the Federal Housing Finance Board. J. Timothy O'Neill, Chairman. [FR Doc. 01-24587 Filed 10-2-01; 8:45 am]

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