This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

77139

Vol. 69, No. 247

Monday, December 27, 2004

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 630

Absence and Leave

CFR Correction 

In Title 5 of the Code of Federal 

Regulations, Parts 1 to 699, revised as of 

January 1, 2004, on page 718, § 630.407 

is corrected to read as follows:

§ 630.407 Sick leave used in computation 

of annuity. 

Sick leave which is used in the 

computation of annuity for an employee 

shall be charged against his sick leave 

account and may not thereafter be used, 

transferred, or recredited. 

[34 FR 17617, Oct. 31, 1969]

[FR Doc. 04–55530 Filed 12–23–04; 8:45 am] 

BILLING CODE 1505–01–D

FEDERAL RESERVE SYSTEM

12 CFR Part 203 

[Regulation C; Docket No. R–1219] 

Home Mortgage Disclosure

AGENCY: Board of Governors of the 

Federal Reserve System.

ACTION: Final rule; staff commentary.

SUMMARY: The Board is publishing a 

final rule amending the staff 

commentary that interprets the 

requirements of Regulation C (Home 

Mortgage Disclosure). The staff 

commentary is amended to increase the 

asset-size exemption threshold for 

depository institutions based on the 

annual percentage change in the 

Consumer Price Index for Urban Wage 

Earners and Clerical Workers. The 

adjustment from $33 million to $34 

million reflects the increase of that 

index by 2.45 percent during the twelvemonth period ending in November 

2004. Thus, depository institutions with 

assets of $34 million or less as of 

December 31, 2004, are exempt from 

data collection in 2005.

DATES: Effective January 1, 2005. This 

rule applies to all data collection in 

2005.

FOR FURTHER INFORMATION CONTACT: John 

C. Wood or Kathleen C. Ryan, Counsels, 

or Dan S. Sokolov, Senior Attorney, 

Division of Consumer and Community 

Affairs, at (202) 452–3667; for users of 

Telecommunications Device for the Deaf 

(TDD) only, contact (202) 263–4869.

SUPPLEMENTARY INFORMATION: The Home 

Mortgage Disclosure Act (HMDA; 12 

U.S.C. 2801 et seq.) requires most 

mortgage lenders located in 

metropolitan areas to collect data about 

their housing-related lending activity. 

Annually, lenders must report that data 

to their federal supervisory agencies and 

make the data available to the public. 

The Board’s Regulation C (12 CFR part 

203) implements HMDA. 

Provisions of the Economic Growth 

and Regulatory Paperwork Reduction 

Act of 1996 (codified at 12 U.S.C. 

2808(b)) amended HMDA to expand the 

exemption for small depository 

institutions. Prior to 1997, HMDA 

exempted depository institutions with 

assets totaling $10 million or less, as of 

the preceding year-end. The statutory 

amendment increased the asset-size 

exemption threshold by requiring a onetime adjustment of the $10 million 

figure based on the percentage by which 

the Consumer Price Index for Urban 

Wage Earners and Clerical Workers 

(CPIW) for 1996 exceeded the CPIW for 

1975, and provided for annual 

adjustments thereafter based on the 

annual percentage increase in the CPIW. 

The one-time adjustment increased the 

exemption threshold to $28 million for 

1997 data collection. 

Section 203.2(e)(1)(i) of Regulation C 

provides that the Board will adjust the 

threshold based on the year-to-year 

change in the average of the CPIW, not 

seasonally adjusted, for each twelvemonth period ending in November, 

rounded to the nearest million. Pursuant 

to this section, the Board raised the 

threshold to $29 million for 1998 data 

collection, raised it to $30 million for 

1999 data collection, and kept it at that 

level for data collection in 2000. The 

Board raised the threshold to $31 

million for data collection in 2001, to 

$32 million for data collection in 2002, 

kept the threshold at $32 million in 

2003, and raised the threshold to $33 

million for 2004. 

During the period ending November 

2004, the CPIW increased by 2.45 

percent. As a result, the exemption 

threshold is raised to $34 million. Thus, 

depository institutions with assets of 

$34 million or less as of December 31, 

2004, are exempt from data collection in 

2005. An institution’s exemption from 

collecting data in 2005 does not affect 

its responsibility to report the data it 

was required to collect in 2004. 

Under the Administrative Procedure 

Act, notice and opportunity for public 

comment are not required if the Board 

finds that notice and public comment 

are unnecessary. 5 U.S.C. 553(b)(3)(B). 

Comment 2(e)–2 to section 203.2 of the 

regulation is amended to implement the 

increase in the exemption threshold. 

This amendment merely applies the 

formula established by Regulation C for 

determining adjustments to the 

exemption threshold. For these reasons, 

the Board has determined that 

publishing a notice of proposed 

rulemaking and providing opportunity 

for public comment are unnecessary. 

Therefore, the amendment is adopted in 

final form.

List of Subjects in 12 CFR Part 203 

Banks, Banking, Mortgages, Reporting 

and recordkeeping requirements.

■ For the reasons set forth in the 

preamble, the Board amends 12 CFR part 

203 as follows:

PART 203—HOME MORTGAGE 

DISCLOSURE (REGULATION C)

■ 1. The authority citation for part 203 

continues to read as follows:

Authority: 12 U.S.C. 2801–2810.

■ 2. In Supplement I to part 203, under 

section 203.2—Definitions, under 2(e) 

Financial Institution, paragraph 2. is 

revised. 

SUPPLEMENT I TO PART 203—STAFF 

COMMENTARY

* * * * *

Section 203.2—Definitions

* * * * *

2(e) Financial Institution

* * * * *

2. Adjustment of exemption threshold 

for depository institutions. For data 

collection in 2005, the asset-size 

77140 Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Rules and Regulations 

exemption threshold is $34 million. 

Depository institutions with assets at or 

below $34 million are exempt from 

collecting data for 2005.

* * * * *

By order of the Board of Governors of 

the Federal Reserve System, acting 

through the Director of the Division of 

Consumer and Community Affairs 

under delegated authority, December 21, 

2004.

Jennifer J. Johnson, 

Secretary of the Board.

[FR Doc. 04–28215 Filed 12–23–04; 8:45 am] 

BILLING CODE 6210–01–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–04–224] 

RIN 1625–AA00 

Safety Zone; Delaware River

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the Delaware River encompassing all 

waters from the Tacony-Palmyra Bridge 

to the Bellevue/Marcus Hook ship 

ranges at Buoy 2M, shoreline to 

shoreline. The temporary safety zone 

prohibits persons or vessels from 

entering the zone, unless authorized by 

the Captain of the Port Philadelphia, PA 

or designated representative. This safety 

zone is necessary to provide for the 

safety of life, property and to facilitate 

oil spill environmental response 

activities.

DATES: This rule is effective from 

December 15, 2004 until January 15, 

2005.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–04–

224 and are available for inspection or 

copying at Coast Guard Marine Safety 

Office Philadelphia, One Washington 

Avenue, Philadelphia, Pennsylvania, 

19147, between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Kevin Sligh or 

Ensign Jill Munsch, Coast Guard Marine 

Safety Office/Group Philadelphia, at 

(215) 271–4889.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B) and 

(d)(3), the Coast Guard finds that good 

cause exists for not publishing a NPRM 

and for making this regulation effective 

less than 30 days after publication in the 

Federal Register. Publishing a NPRM 

and delaying its effective date would be 

contrary to public interest, since 

immediate action is needed to protect 

mariners against potential hazards 

associated with oil spill recovery 

operations and to ensure the safety of 

the environment on the Delaware River 

and its tributaries. 

Background and Purpose 

On November 27, 2004 at 9:30 p.m. 

the T/V ATHOS I reported a major 

discharge of oil on the waters of the 

Delaware River. Oil spill response 

operations are being conducted in the 

safety zone. A number of oil spill 

response vessels and clean up personnel 

will be in the safety zone during the 

duration of the response operations. 

This rule establishes a safety zone, on 

the Delaware River covering all the 

waters of the area bound from the 

Tacony-Palmyra Bridge to the Bellevue/

Marcus Hook ship ranges, at Buoy 2M. 

Mariners will only be allowed to transit 

the safety zone with the permission of 

the COTP or his designated 

representative. The safety zone will 

protect mariners and oil spill 

responders from the hazards associated 

with spill recovery and clean up 

operations. The Captain of the Port will 

notify the maritime community, via 

marine broadcasts, of the ability of 

vessels to transit through the safety 

zone. Mariners allowed to travel 

through the safety zone with the 

permission of the COTP must maintain 

a minimum safe speed, in accordance 

with the Navigation Rules as seen in 33 

CFR Chapter I, Subchapters D and E. 

Regulatory Evaluation 

This temporary rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866 

and does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Order. The Office 

of Management and Budget has not 

reviewed it under that Order. It is not 

significant under the regulatory policies 

and procedures of the Department of 

Homeland Security (DHS). 

We expect the economic impact of 

this rule to be minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary.

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we considered 

whether this rule will have a significant 

economic impact on a substantial 

number of small entities. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

This will have virtually no impact on 

any small entities. This rule does not 

require a general notice of proposed 

rulemaking and, therefore, it is exempt 

from the requirement of the Regulatory 

Flexibility Act. Although this rule is 

exempt, we have reviewed it for 

potential economic impact on small 

entities. 

Therefore, the Coast Guard certifies 

under section 605 (b) of the Regulatory 

Flexibility Act (5 U.S.C 605(b)) that this 

will not have a significant impact on a 

substantial number of small entities. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce or otherwise determine 

compliance with Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency?s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–743–3247). 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that this rule does not have 

implications for federalism.