Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Proposed Rules 78645 

5. Application to extensions secured by 

mobile homes. Because a mobile home can be 

a dwelling under § 226.2(a)(19), the 

exemption in § 226.3(b) does not apply to a 

credit extension secured by a mobile home 

that is used or expected to be used as the 

principal dwelling of the consumer. See 

comment 3(b)–4. 

6. Special exemption for open-end 

accounts exempt prior to July 21, 2011. 

Section 226.3(b)(2) applies only to open-end 

accounts opened prior to July 21, 2011. 

Section 226.3(b)(2) does not apply if a 

security interest is taken by the creditor in 

any real property, or in personal property 

used or expected to be used as the 

consumer’s principal dwelling. 

i. Initial extension of credit. 

A. If, prior to July 21, 2011, a creditor 

makes an initial extension of credit of more 

than $25,000 on an open-end account, the 

account remains exempt under § 226.3(b)(1) 

regardless of subsequent increases in the 

threshold amount. 

B. If the terms of an open-end account 

require that the initial extension of credit on 

that account be more than $25,000 but that 

extension has not occurred prior to July 21, 

2011, the account remains exempt under 

§ 226.3(b)(2) until July 21, 2012. However, if 

an initial extension of credit of more than 

$25,000 is actually made prior to July 21, 

2012, the account remains exempt under 

§ 226.3(b)(1) regardless of subsequent 

increases in the threshold amount. If an 

initial extension of credit of more than 

$25,000 is not made prior to July 21, 2012, 

the account is no longer exempt under 

§ 226.3(b). However, if, prior to that date, the 

creditor makes a firm commitment to extend 

credit in excess of the threshold amount in 

effect at that time, the account remains 

exempt under § 226.3(b)(1). 

ii. Firm commitment. If, prior to July 21, 

2011, a creditor makes a firm commitment to 

extend credit in excess of $25,000 on an 

open-end account, the account remains 

exempt under § 226.3(b)(2) until July 21, 

2012 (unless the firm commitment is reduced 

to $25,000 or less). If an initial extension of 

credit of more than $25,000 is made prior to 

July 21, 2012, the account remains exempt 

under § 226.3(b)(1) regardless of subsequent 

increases in the threshold amount. However, 

if no such extension of credit is made, the 

firm commitment must be increased prior to 

July 21, 2012 to the threshold amount in 

effect at that time in order for the account to 

remain exempt under § 226.3(b)(1).fi 

[1. Coverage. Since a mobile home can be 

a dwelling under § 226.2(a)(19), this 

exemption does not apply to a credit 

extension secured by a mobile home used or 

expected to be used as the principal dwelling 

of the consumer, even if the credit exceeds 

$25,000. A loan commitment for closed-end 

credit in excess of $25,000 is exempt even 

though the amounts actually drawn never 

actually reach $25,000. 

2. Open-end credit. i. An open-end credit 

plan is exempt under § 226.3(b) (unless 

secured by real property or personal property 

used or expected to be used as the 

consumer’s principal dwelling) if either of 

the following conditions is met: 

A. The creditor makes a firm commitment 

to lend over $25,000 with no requirement of 

additional credit information for any 

advances (except as permitted from time to 

time pursuant to § 226.2(a)(20)). 

B. The initial extension of credit on the 

line exceeds $25,000. 

ii. If a security interest is taken at a later 

time in any real property, or in personal 

property used or expected to be used as the 

consumer’s principal dwelling, the plan 

would no longer be exempt. The creditor 

must comply with all of the requirements of 

the regulation including, for example, 

providing the consumer with an initial 

disclosure statement. If the security interest 

being added is in the consumer’s principal 

dwelling, the creditor must also give the 

consumer the right to rescind the security 

interest. (See the commentary to § 226.15 

concerning the right of rescission.) 

3. Closed-end credit—subsequent changes. 

A closed-end loan for over $25,000 may later 

be rewritten for $25,000 or less, or a security 

interest in real property or in personal 

property used or expected to be used as the 

consumer’s principal dwelling may be added 

to an extension of credit for over $25,000. 

Such a transaction is consumer credit 

requiring disclosures only if the existing 

obligation is satisfied and replaced by a new 

obligation made for consumer purposes 

undertaken by the same obligor. (See the 

commentary to § 226.23(a)(1) regarding the 

right of rescission when a security interest in 

a consumer’s principal dwelling is added to 

a previously exempt transaction.)] 

* * * * * 

Section 226.23—Right of Rescission 

* * * * * 

23(a) Consumer’s Right to Rescind 

Paragraph 23(a)(1). 

* * * * * 

5. Addition of a security interest. Under 

footnote 47, the addition of a security interest 

in a consumer’s principal dwelling to an 

existing obligation is rescindable even if the 

existing obligation is not satisfied and 

replaced by a new obligation, and even if the 

existing obligation was previously exempt 

flunder § 226.3(b)fi [(because it was credit 

over $25,000 not secured by real property or 

a consumer’s principal dwelling)]. The right 

of rescission applies only to the added 

security interest, however, and not to the 

original obligation. In those situations, only 

the § 226.23(b) notice need be delivered, not 

new material disclosures; the rescission 

period will begin to run from the delivery of 

the notice. 

* * * * * 

By order of the Board of Governors of the 

Federal Reserve System, December 10, 2010. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. 2010–31529 Filed 12–15–10; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–1054; Airspace 

Docket No. 10–AGL–23] 

Proposed Amendment of Class E 

Airspace; Kenton, OH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of Proposed Rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Kenton, OH. 

Additional controlled airspace is 

necessary to accommodate new 

Standard Instrument Approach 

Procedures (SIAP) at Hardin County 

Airport. The FAA is taking this action 

to enhance the safety and management 

of Instrument Flight Rules (IFR) 

operations for SIAPs at the airport. 

DATES: 0901 UTC. Comments must be 

received on or before January 31, 2011. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2010– 

1054/Airspace Docket No. 10–AGL–23, 

at the beginning of your comments. You 

may also submit comments through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone: (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 


srobinson on DSKHWCL6B1PROD with PROPOSALS
78646 Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Proposed Rules 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2010–1054/Airspace 

Docket No. 10–AGL–23.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Central Service Center, 2601 Meacham 

Blvd, Fort Worth, TX 76137. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking 

(202) 267–9677, to request a copy of 

Advisory Circular No. 11–2A, Notice of 

Proposed Rulemaking Distribution 

System, which describes the application 

procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), Part 71 by amending Class E 

airspace extending upward from 700 

feet above the surface for SIAPs 

operations at Hardin County Airport, 

Kenton, OH. Additional controlled 

airspace is needed for the safety and 

management of IFR operations at the 

airport. 

Class E airspace areas are published 

in Paragraph 6005 of FAA Order 

7400.9U, dated August 18, 2010 and 

effective September 15, 2010, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document would be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this rule, 

when promulgated, will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

section 106 describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in subtitle VII, part A, subpart 

I, section 40103. Under that section, the 

FAA is charged with prescribing 

regulations to assign the use of airspace 

necessary to ensure the safety of aircraft 

and the efficient use of airspace. This 

regulation is within the scope of that 

authority as it would establish 

additional controlled airspace at Hardin 

County Airport, Kenton, OH. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AGL OH E5 Kenton, OH [Amended] 

Kenton, Hardin County Airport, OH 

(Lat. 40°36′36′′ N., long. 83°38′39′′ W.) 

That airspace extending upward from 700 

feet above the surface bounded by a line 

beginning at lat. 40°43′34′′ N., long. 83°33′51′′ 

W., to lat. 40°38′16′′ N., long. 83°23′39′′ W., 

to lat. 40°30′37′′ N., long. 83°30′57′′ W., to lat. 

40°24′00′′ N., long. 83°33′37′′ W., to lat. 

40°13′31′′ N., long. 83°40′22′′ W., to lat. 

40°11′47′′ N., long. 83°52′11′′ W., to lat. 

40°16′44′′ N., long. 84°01′10′′ W., to lat. 

40°24′31′′ N., long. 84°02′39′′ W., to lat. 

40°31′30′′ N., long. 83°56′56′′ W., to lat. 

40°32′13′′ N., long. 83°50′20′′ W., to lat. 

40°34′45′′ N., long. 83°47′33′′ W., to lat. 

40°38′56′′ N., long. 83°48′49′′ W., to lat. 

40°43′49′′ N., long. 83°42′14′′ W., to the point 

of beginning. 

Issued in Fort Worth, TX, on December 9, 

2010. 

Roger M. Trevino, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2010–31615 Filed 12–15–10; 8:45 am] 

BILLING CODE 4901–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0449; FRL–9239–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed Rule. 

SUMMARY: EPA is proposing to approve 

a request submitted by the Minnesota 

Pollution Control Agency (MPCA) on 

May 7, 2010, to revise the Minnesota 

State Implementation Plan (SIP) for 

particulate matter less than 10 microns 

(PM10). The proposed approval revises 

the Minnesota SIP by updating 

information for the Metropolitan 

Council Environmental Services (MCES) 

Metropolitan Wastewater Treatment 

Plant located in St. Paul, Minnesota. 

The revision reflects changes at the 

facility which include the 

decommissioning of six multiple hearth 

incinerators and associated equipment 

and the addition of three fluidized bed 

incinerators and associated equipment. 

These revisions are included in a joint 

Title I/Title V document for the MCES 

Metropolitan Wastewater Treatment 

Plant, which replaces the document 

currently approved in the SIP for the 


srobinson on DSKHWCL6B1PROD with PROPOSALS