Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 70883

§ 1775.37 Allocation of funds. 

At least 10 percent of available funds 

will be used for funding single State 

projects based on the priority criteria.

§§ 1775.38–1775.60 [Reserved]

Subpart D—Solid Waste Management 

Grants

§ 1775.61 Authorization. 

This subpart sets forth the policies 

and procedures for making Solid Waste 

Management (SWM) grants authorized 

under section 310B of the CONACT.

§ 1775.62 [Reserved]

§ 1775.63 Objectives. 

The objectives of the program are to: 

(a) Reduce or eliminate pollution of 

water resources, and 

(b) Improve planning and 

management of solid waste sites.

§ 1775.64 [Reserved]

§ 1775.65 Eligibility. 

(a) Entities eligible for grants must be 

either: 

(1) Private nonprofit organizations 

with tax exempt status designated by 

the Internal Revenue Service. A 

nonprofit organization is defined as any 

corporation, trust, association, 

cooperative, or other organization that: 

(i) Is operated primarily for scientific, 

education, service, charitable, or similar 

purposes in the public interest. 

(ii) Is not organized primarily for 

profit. 

(iii) Uses its net proceeds to maintain, 

improve, and/or expand its operations. 

(2) Public bodies. 

(3) Federally acknowledged or Staterecognized Native American tribe or 

group. 

(4) Academic institutions. 

(b) Entities must be legally established 

and located within a state as defined in 

§ 1775.2.

(c) Organizations must be 

incorporated by December 31 of the year 

the application period occurs to be 

eligible for funds. 

(d) Private businesses, Federal 

agencies, and individuals are ineligible 

for these grants. 

(e) Applicants must also have the 

proven ability; background; experience, 

as evidenced by the organization’s 

satisfactory completion of project(s) 

similar to those proposed; legal 

authority; and actual capacity to provide 

technical assistance and/or training on a 

regional basis to associations as 

provided in § 1775.63. To meet the 

requirement of actual capacity, an 

applicant must either: 

(1) Have the necessary resources to 

provide technical assistance and/or 

training to associations in rural areas 

through its staff, or 

(2) Be assisted by an affiliate or 

member organization which has such 

background and experience and which 

agrees, in writing, that it will provide 

the assistance, or 

(3) Contract with a nonaffiliated 

organization for not more than 49 

percent of the grant to provide the 

proposed assistance.

§ 1775.66 Purpose. 

Grants may be made to organizations 

as defined in § 1775.65 to enable such 

organizations to assist associations to: 

(a) Provide technical assistance and/

or training to reduce the solid waste 

stream through reduction, recycling, 

and reuse. 

(b) Provide training to enhance 

operator skills in maintaining and 

operating active landfills. 

(c) Provide technical assistance and/

or training for operators of landfills 

which are closed or will be closed in the 

near future with the development/

implementation of closure plans, future 

land use plans, safety and maintenance 

planning, and closure scheduling within 

permit requirements. 

(d) Evaluate current landfill 

conditions to determine the threats to 

water resources. 

(e) Pay the expenses associated with 

providing the technical assistance and/

or training authorized in paragraphs (a) 

through (d) of this section.

§ 1775.67 Allocation of funds. 

The maximum amount for a single 

applicant for a Solid Waste Management 

project will be 25 percent of available 

grant funds.

§ 1775.68 Exception authority. 

The Administrator may, in individual 

cases, make an exception to any 

requirement or provision of this part 

which is not inconsistent with the 

authorizing statute or other applicable 

law and is determined to be in the 

Government’s interest.

§§ 1775.69–1775.99 [Reserved]

Dated: November 24, 2004. 

Hilda Gay Legg, 

Administrator, Rural Utilities Service.

[FR Doc. 04–26948 Filed 12–7–04; 8:45 am] 

BILLING CODE 3410–15–P

DEPARTMENT OF AGRICULTURE

Rural Housing Service 

Rural Business—Cooperative Service 

Rural Utilities Service 

Farm Service Agency 

7 CFR Part 1951

RIN 0575–AC57

Servicing of Delinquent Community 

and Business Programs Loans—

Workout Agreements

AGENCY: Rural Housing Service, USDA.

ACTION: Final rule.

SUMMARY: The Rural Housing Service 

(RHS) hereby amends the regulation 

utilized to service the Community 

Facilities and Business Programs loan 

program by adding requirements for 

servicing delinquent Community 

Facilities in conformance with the Debt 

Collection Improvement Act of 1996. 

The intended effect of this action is to 

establish a workout agreement with 

delinquent borrowers to collect 

delinquent loans prior to referral for 

treasury offset.

DATES: This rule is effective January 7, 

2005.

FOR FURTHER INFORMATION CONTACT: Dan 

Spieldenner, Community Programs 

Senior Loan Specialist, Rural Housing 

Service, U.S. Department of Agriculture, 

STOP 0787, 1400 Independence Ave. 

SW., Washington, DC 20250–0787, 

telephone: (202) 720–9700.

SUPPLEMENTARY INFORMATION: 

Classification 

This rule has been determined to be 

not significant for the purposes of 

Executive Order 12866 and, therefore, 

has not been reviewed by the Office of 

Management and Budget (OMB). 

Programs Affected 

The Catalog of Federal Domestic 

Assistance Program impacted by this 

action is 10.766, Community Facilities 

Loans and Grants. 

Intergovernmental Review 

This program is subject to the 

provisions of Executive Order 12372, 

which requires intergovernmental 

consultation with State and local 

officials. RHS conducts 

intergovernmental consultations for 

each loan in the manner delineated in 

7 CFR part 3015, subpart V. 

70884 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 

Civil Justice Reform 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. In accordance with this rule: (1) 

All State and local laws and regulations 

that are in conflict with this rule will be 

preempted; (2) no retroactive effect will 

be given to this rule; and (3) 

administrative proceedings of the 

National Appeals Division (7 CFR part 

11) must be exhausted before bringing 

suit in court challenging action taken 

under this rule. 

Environmental Impact Statement 

The action has been reviewed in 

accordance with 7 CFR part 1940, 

subpart G, ‘‘Environmental Program.’’

The Agency has determined that this 

action does not constitute a major 

Federal action significantly affecting the 

quality of the human environment and, 

in accordance with the National 

Environmental Policy Act of 1969, 42 

U.S.C. 4321 et seq., an Environmental 

Impact Statement is not required. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), 2 U.S.C. 

chapters 17A and 25, established 

requirements for Federal agencies to 

assess the effects of their regulatory 

actions on State, local, and tribal 

governments and the private sector. 

Under section 202 of the UMRA, RHS 

generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with Federal mandates that may result 

in expenditures to State, local, or tribal 

governments, in the aggregate, or to the 

private sector, of $100 million or more 

in any 1 year. When such a statement 

is needed for a rule, section 205 of the 

UMRA generally requires RHS to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective, or least burdensome 

alternative that achieves the objectives 

of the rule. This rule contains no 

Federal mandates (under the regulatory 

provisions of title II of the UMRA) for 

State, local, and tribal governments or 

the private sector. Therefore, this rule is 

not subject to the requirements of 

sections 202 and 205 of the UMRA.

Regulatory Flexibility Act 

This rule has been reviewed with 

regard to the requirements of the 

Regulatory Flexibility Act (5 U.S.C. 

601–612). The undersigned has 

determined and certified by signature of 

this document that this rule will not 

have a significant economic impact on 

a substantial number of small entities 

since this rulemaking action does not 

involve a new or expanded program. 

Federalism 

The policies contained in this rule do 

not have any substantial direct effect on 

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. Nor does this rule 

impose substantial direct compliance 

costs on State and local governments. 

Therefore, consultation with the States 

is not required. 

Implementation 

It is the policy of this Department that 

rules relating to public property, loans, 

grants, benefits, or contracts shall 

comply with 5 U.S.C. 553, 

notwithstanding the exemption of that 

section with respect to such rules. 

Paperwork Reduction Act 

The information collection and record 

keeping requirements contained in this 

regulation have been approved by the 

Office of Management and Budget 

(OMB) under the provisions of 44 U.S.C. 

chapter 35 and were assigned OMB 

control number 0575–0066 in 

accordance with the Paperwork 

Reduction Act of 1995. Under the 

Paperwork Reduction Act of 1995, no 

person is required to respond to a 

collection of information unless it 

displays a valid OMB control number. 

The revisions in this rulemaking for part 

1951 required an amendment to the 

burden package and this modification 

has been approved by OMB. 

Discussion 

The proposed rule was published in 

the Federal Register on April 30, 2004 

(69 FR 23697), for public comment. We 

received no comments on the proposed 

rule. The Debt Collection Improvement 

Act of 1996 requires transfer of accounts 

that are more than 180 days delinquent 

to the Department of Treasury for 

collection by offset of Federal payments 

unless a suitable agreement for 

collection of the delinquent amount is 

negotiated between the borrower and 

the federal agency. This change to 

regulation establishes requirements for 

negotiation of a ‘‘Workout Agreement’’

and the reporting requirements that are 

necessary to monitor the borrower’s 

progress in resolving the delinquency. It 

also incorporates some administrative 

corrections. There are no substantive 

changes from the notice of proposed 

rulemaking.

List of Subjects in 7 CFR Part 1951

Accounting servicing, Grant 

programs—Housing and community 

development, Reporting requirements, 

Rural areas.

■ Therefore, Chapter XVIII, Title 7, Code 

of Federal Regulations, is amended as 

follows:

PART 1951—SERVICING AND 

COLLECTIONS

■ 1. The authority citation for part 1951 

continues to read as follows:

Authority: 5 U.S.C. 301; 7 U.S.C. 1932; 7 

U.S.C. 1989; 31 U.S.C. 3716; 42 U.S.C. 1480.

Subpart E—Servicing of Community 

and Direct Business Programs Loans 

and Grants

■ 2. Section 1951.203 is amended by 

revising paragraph (a) to read as follows:

§ 1951.203 Definitions. 

(a) Approval official. An official who 

has been delegated loan and/or grant 

approval authorities within applicable 

programs.

* * * * *

■ 3. Section 1951.222 is amended by 

revising paragraph (a)(1) to read as 

follows:

§ 1951.222 Subordination of security.

* * * * *

(a) * * *

(1) The request must be for 

subordination of a specific amount of 

the Rural Development indebtedness.

* * * * *

§ 1951.226 [Amended] 

4. Section 1951.226 is amended in 

paragraph (b)(4)(ii) by revising the word 

‘‘below’’ to read ‘‘of this subpart.’’

§ 1951.230 [Amended]

■ 5. Section 1951.230 is amended in 

paragraph (f)(2) by revising the words 

‘‘Form FmHA or its successor agency 

under Public Law 103–354 442–46’’ to 

read ‘‘an Agency approved form’’.

■ 6. Section 1951.242 is added to read as 

follows:

§ 1951.242 Servicing delinquent 

Community Facility loans. 

(a) For the purpose of this section, a 

loan is delinquent when a borrower fails 

to make all or part of a payment by the 

due date. 

(b) The delinquent loan borrower and 

the Agency, at its discretion, may enter 

into a written workout agreement. 

(c) For loans that are delinquent, the 

borrower must provide, monthly 

comparative financial statements in a 

format that is acceptable to the Agency 

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 70885

by the 15th day of the following month. 

The Agency may waive this requirement 

if it would cause a hardship for the 

borrower or the borrower is actively 

marketing the security property.

§ 1951.250 [Amended]

■ 7. Section 1951.250 is amended by 

removing the last sentence.

Dated: December 1, 2004. 

Russell T. Davis, 

Administrator, Rural Housing Service.

[FR Doc. 04–26872 Filed 12–7–04; 8:45 am] 

BILLING CODE 3410–XV–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 23

[Docket No. CE210; Special Conditions No. 

23–153–SC] 

Special Conditions: AMSAFE, 

Incorporated, Sky International A1, 

A1A, A1B, Inflatable Five-Point 

Seatbelt Airbag Restraint

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final special conditions.

SUMMARY: These special conditions are 

issued for an AMSAFE, Inc. Inflatable 

Five-Point Seatbelt Airbag Restraint on 

Sky International models A1, A1A, and 

A1B. These airplanes, as modified by 

AMSAFE, Inc. will have novel and 

unusual design features associated with 

the upper-torso restraint portions of the 

5-point safety belt, which contains an 

integrated airbag device. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. These special 

conditions contain the additional safety 

standards the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards.

DATES: Effective Date: The effective date 

of these special conditions is November 

24, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. 

Pat Mullen, Federal Aviation 

Administration, Aircraft Certification 

Service, Small Airplane Directorate, 

ACE–111, 901 Locust, Kansas City, 

Missouri, 816–329–4128, fax 816–329–

4090, e-mail: pat.mullen@faa.gov.

SUPPLEMENTARY INFORMATION: 

Background 

On January 15, 2004, AMSAFE, Inc. 

Aviation Inflatable Restraints Division, 

1043 North 47th Avenue, Phoenix, AZ 

85043, applied for a supplemental type 

certificate for the installation of a fivepoint safety belt restraint system 

incorporating an inflatable airbag for the 

pilot and co-pilot seats of the Sky 

International model A1, A1A, and A1B 

airplanes. Models A1, A1A, and A1B are 

single engine, two-place airplanes, 

arranged in a tandem configuration. 

The inflatable restraint system is a 

five-point safety belt restraint system 

consisting of a lapbelt and dual 

shoulder harnesses. An inflatable airbag 

is attached to one of the shoulder 

harnesses, and the other shoulder 

harness is of conventional construction. 

The inflatable portion of the restraint 

system will rely on sensors to 

electronically activate the inflator for 

deployment. The inflatable restraint 

system will be installed on both the 

pilot and co-pilot seats. 

In the event of an emergency landing, 

the airbag will inflate and provide a 

protective cushion between the 

occupant’s head and structure within 

the airplane cockpit. This will reduce 

the potential for head and torso injury. 

The inflatable restraint behaves in a 

manner that is similar to an automotive 

airbag, but in this case, the airbag is 

integrated into one of the shoulder 

harnesses. While airbags and inflatable 

restraints are standard in the automotive 

industry, the use of an inflatable fivepoint restraint system is novel for 

general aviation operations. 

The FAA has determined that this 

project will be accomplished on the 

basis of providing the same current level 

of safety of the Sky International A1, 

A1A, and A1B occupant restraint 

systems. The FAA has two primary 

safety concerns with the installation of 

airbags or inflatable restraints: 

• That they perform properly under 

foreseeable operating conditions; and 

• That they do not perform in a 

manner or at such times to impede the 

pilot’s ability to maintain control of the 

airplane or constitute a hazard to the 

airplane or occupants. 

The latter point has the potential to be 

the more rigorous of the requirements. 

An unexpected deployment while 

conducting the takeoff or landing phases 

of flight may result in an unsafe 

condition. The unexpected deployment 

may either startle the pilot, or generate 

a force sufficient to cause a sudden 

movement of the control stick. Either 

action could result in a loss of control 

of the airplane, the consequences of 

which are magnified due to the low 

operating altitudes during these phases 

of flight. The FAA has considered this 

when establishing the special 

conditions. 

The inflatable restraint system relies 

on sensors to electronically activate the 

inflator for deployment. These sensors 

could be susceptible to inadvertent 

activation, causing deployment in a 

potentially unsafe manner. The 

consequences of an inadvertent 

deployment must be considered in 

establishing the reliability of the system. 

AMSAFE, Inc. must show that the 

effects of an inadvertent deployment in 

flight are not a hazard to the airplane or 

that an inadvertent deployment is 

extremely improbable. In addition, any 

general aviation aircraft can generate a 

large amount of cumulative wear and 

tear on a restraint system. It is likely 

that the potential for inadvertent 

deployment increases as a result of this 

cumulative damage. Therefore, the 

impact of wear and tear on inadvertent 

deployment must be considered. Due to 

the effects of this cumulative damage, a 

life limit must be established for the 

appropriate system components in the 

restraint system design. 

There are additional factors to be 

considered to minimize the chances of 

inadvertent deployment. General 

aviation airplanes are exposed to a 

unique operating environment, since the 

same airplane may be used by both 

experienced and student pilots. The 

effect of this environment on 

inadvertent deployment must be 

understood. Therefore, qualification 

testing of the firing hardware/software 

must consider the following: 

• The airplane vibration levels 

appropriate for a general aviation 

airplane; and 

• The inertial loads that result from 

typical flight or ground maneuvers, 

including gusts and hard landings. 

Any tendency for the firing 

mechanism to activate as a result of 

these loads or acceleration levels is 

unacceptable. 

Other influences on inadvertent 

deployment include high intensity 

electromagnetic fields (HIRF) and 

lightning. Since the sensors that trigger 

deployment are electronic, they must be 

protected from the effects of these 

threats. To comply with HIRF and 

lightning requirements, the AMSAFE, 

Inc. inflatable restraint system is 

considered a critical system, since its 

inadvertent deployment could have a 

hazardous effect on the airplane. 

Given the level of safety of the current 

Sky International A1, A1A, and A1B 

occupant restraints, the inflatable 

restraint system must show that it will 

offer an equivalent level of protection in 

the event of an emergency landing. In 

the event of an inadvertent deployment, 

the restraint must still be at least as 

strong as a Technical Standard Order 

certificated belt and dual shoulder 

harnesses. There is no requirement for