48752 Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Rules and Regulations

review process required by Executive

Order 12866.

List of Subjects in 9 CFR Part 94

Animal diseases, Imports, Livestock,

Meat and meat products, Milk, Poultry

and poultry products, Reporting and

recordkeeping requirements.

PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, FOWL PEST (FOWL

PLAGUE), EXOTIC NEWCASTLE

DISEASE, AFRICAN SWINE FEVER,

HOG CHOLERA, AND BOVINE

SPONGIFORM ENCEPHALOPATHY:

PROHIBITED AND RESTRICTED

IMPORTATIONS

Accordingly, we are adopting as a

final rule, without change, the interim

rule that amended 9 CFR part 94 and

that was published at 62 FR 19032–

19033 on April 18, 1997.

Authority: 7 U.S.C. 147a, 150ee, 161, 162,

and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a,

134a, 134b, 134c, 134f, 136, and 136a; 31

U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR

2.22, 2.80, and 371.2(d).

Done in Washington, DC, this 11th day of

September 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–24669 Filed 9–16–97; 8:45 am]

BILLING CODE 3410–34–P

FEDERAL RESERVE SYSTEM

12 CFR Part 229

[Regulation CC; Docket No. R–0926]

Availability of Funds and Collection of

Checks; Correction

AGENCY: Board of Governors of the

Federal Reserve System.

ACTION: Final rule; correction to an

amendment.

SUMMARY: The Board is correcting an

amendment to Regulation CC

(Availability of Funds and Collection of

Checks) that appeared in the Federal

Register on March 24, 1997. This

document corrects an error that

appeared in Model Availability Policy

Disclosure C–5 concerning statutory

limits on funds availability of all

deposits.

EFFECTIVE DATE: October 17, 1997.

FOR FURTHER INFORMATION CONTACT:

Obrea Poindexter, Staff Attorney (202/

452–3667), Division of Consumer and

Community Affairs. For the hearing

impaired only, contact Diane Jenkins,

Telecommunications Device for the Deaf

(TDD) (202/452–3544), Board of

Governors of the Federal Reserve

System, 20th and C Streets, N.W.,

Washington, D.C. 20551.

SUPPLEMENTARY INFORMATION: On March

24, 1997 (62 FR 13801), the Board

published amendments to Regulation

CC (12 CFR part 229) to clarify the

regulation and, in specified

circumstances, reduce the compliance

burden for depository institutions.

Appendix C to Part 229 contains model

availability policy disclosures, clauses

and notices to facilitate compliance by

banks with the disclosure requirements

of Regulation CC. This document

corrects an error that appeared in Model

Availability Policy Disclosure C–5

concerning statutory limits on funds

availability of all deposits.

In Model Availability Policy

Disclosure C–5, the sentence that begins

‘‘If you deposit both categories of checks

* * *’’ was inadvertently placed under

the subheading ‘‘Longer Delays May

Apply.’’ As the sentence does not

pertain to exception holds pursuant to

the funds availability policy, it is

removed. The sentence, which

stipulates the availability policy for the

deposit of both local and nonlocal

checks, should have instead appeared

below the heading ‘‘Other Check

Deposits.’’ To accommodate the

sentence, a new subheading has been

added, titled ‘‘3. Local and nonlocal

checks,’’ and the sentence is placed

under the newly formed subheading.

As this is a technical correction that

does not affect the substance of

Regulation CC, 5 U.S.C. 553 does not

require publication for comment.

Banks that use earlier versions of the

model forms are protected from civil

liability under § 229.21(e), but all banks

are encouraged to use the new versions

when reordering or reprinting supplies.

Final Regulatory Flexibility Analysis

The technical correction should not

have a negative impact on small

institutions.

List of Subjects in 12 CFR Part 229

Banks, banking, Federal Reserve

System, Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 12 CFR part 229 is amended

as follows:

PART 229—AVAILABILITY OF FUNDS

AND COLLECTION OF CHECKS

(REGULATION CC)

1. The authority citation for Part 229

continues to read as follows:

Authority: 12 U.S.C. 4001 et seq.

2. In Appendix C to part 229, the

Model Availability Policy Disclosure C–

5 is revised to read as follows:

Appendix C to Part 229—Model

Availability Policy Disclosures,

Clauses, and Notices

* * * * *

C–5—Holds to Statutory Limits on All

Deposits

Your Ability To Withdraw Funds

Our policy is to delay the availability of

funds from your cash and check deposits.

During the delay, you may not withdraw the

funds in cash and we will not use the funds

to pay checks that you have written.

Determining the Availability Of A Deposit

The length of the delay is counted in

business days from the day of your deposit.

Every day is a business day except Saturdays,

Sundays, and federal holidays. If you make

a deposit before (time of day) on a business

day that we are open, we will consider that

day to be the day of your deposit. However,

if you make a deposit after (time of day) or

on a day we are not open, we will consider

that the deposit was made on the next

business day we are open.

The length of the delay varies depending

on the type of deposit and is explained

below.

Same-Day Availability

Funds from electronic direct deposits to

your account will be available on the day we

receive the deposit.

Next-Day Availability

Funds from the following deposits are

available on the first business day after the

day of your deposit:

• U.S. Treasury checks that are payable to

you.

• Wire transfers.

• Checks drawn on (bank name) [unless

(any limitations related to branches in

different states or check processing regions)].

If you make the deposit in person to one

of our employees, funds from the following

deposits are also available on the first

business day after the day of your deposit:

• Cash.

• State and local government checks that

are payable to you [if you use a special

deposit slip available from (where deposit

slip may be obtained)].

• Cashier’s, certified, and teller’s checks

that are payable to you [if you use a special

deposit slip available from (where deposit

slip may be obtained)].

• Federal Reserve Bank checks, Federal

Home Loan Bank checks, and postal money

orders, if these items are payable to you.

If you do not make your deposit in person

to one of our employees (for example, if you

mail the deposit), funds from these deposits

will be available on the second business day

after the day we receive your deposit.

Other Check Deposits

The delay for other check deposits depends

on whether the check is a local or a nonlocal

check. To see whether a check is a local or

a nonlocal check, look at the routing number

on the check:

BILLING CODE 6210–01–P
Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Rules and Regulations 48753

BILLING CODE 6210–01–C

If the first four digits of the routing number

(1234 in the examples above) are (list of local

numbers), then the check is a local check.

Otherwise, the check is a nonlocal check.

Some checks are marked ‘‘payable through’’

and have a four- or nine-digit number nearby.

For these checks, use the four-digit number

(or the first four digits of the nine-digit

number), not the routing number on the

bottom of the check, to determine if these

checks are local or nonlocal. Our policy is to

make funds from local and nonlocal checks

available as follows.

1. Local checks. The first $100 from a

deposit of local checks will be available on

the first business day after the day of your

deposit. The remaining funds will be

available on the second business day after the

day of your deposit.

For example, if you deposit a local check

of $700 on a Monday, $100 of the deposit is

available on Tuesday. The remaining $600 is

available on Wednesday.

2. Nonlocal checks. The first $100 from a

deposit of nonlocal checks will be available

on the first business day after the day of your

deposit. The remaining funds will be

available on the fifth business day after the

day of your deposit.

For example, if you deposit a $700

nonlocal check on a Monday, $100 of the

deposit is available on Tuesday. The

remaining $600 is available on Monday of the

following week.

3. Local and nonlocal checks. If you

deposit both categories of checks, $100 from

the checks will be available on the first

business day after the day of your deposit,

not $100 from each category of check.

Longer Delays May Apply

Funds you deposit by check may be

delayed for a longer period under the

following circumstances:

• We believe a check you deposit will not

be paid.

• You deposit checks totaling more than

$5,000 on any one day.

• You redeposit a check that has been

returned unpaid.

• You have overdrawn your account

repeatedly in the last six months.

• There is an emergency, such as failure of

computer or communications equipment.

We will notify you if we delay your ability

to withdraw funds for any of these reasons,

and we will tell you when the funds will be

available. They will generally be available no

later than the (number) business day after the

day of your deposit.

Special Rules For New Accounts

If you are a new customer, the following

special rules will apply during the first 30

days your account is open.

Funds from electronic direct deposits to

your account will be available on the day we

receive the deposit. Funds from deposits of

cash, wire transfers, and the first $5,000 of

a day’s total deposits of cashier’s, certified,

teller’s, traveler’s, and federal, state and local

government checks will be available on the

first business day after the day of your

deposit if the deposit meets certain

conditions. For example, the checks must be

payable to you (and you may have to use a

special deposit slip). The excess over $5,000

will be available on the ninth business day

after the day of your deposit. If your deposit

of these checks (other than a U.S. Treasury

check) is not made in person to one of our

employees, the first $5,000 will not be

available until the second business day after

the day of your deposit.

Funds from all other check deposits will be

available on the (number) business day after

the day of your deposit.

* * * * *
48754 Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Rules and Regulations

By order of the Board of Governors of the

Federal Reserve System, under delegated

authority, September 12, 1997.

William W. Wiles,

Secretary of the Board.

[FR Doc. 97–24702 Filed 9–16–97; 8:45 am]

BILLING CODE 6210–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–239–AD; Amendment

39–10136; AD 97–19–15]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 767 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to all Boeing Model 767

series airplanes. This action requires

revising the Airplane Flight Manual

(AFM) to include procedures that will

ensure that the center tank fuel pumps

are not operated with less than 1,000

pounds of fuel in the center tank. This

amendment is prompted by a report

indicating that a fuel pump failed due

to damage to an impeller unit and

pumping unit housing caused by a loose

diffuser ring in the fuel pump assembly.

The actions specified in this AD are

intended to ensure the flight crew is

advised of procedures that will ensure

that the center tank fuel pumps are not

operated with less than 1,000 pounds of

fuel, which will prevent ignition of fuel

vapors due to the generation of sparks

and a potential ignition source inside

the fuel tank caused by metal-to-metal

contact during dry fuel pump operation.

DATES: Effective October 2, 1997.

Comments for inclusion in the rules

docket must be received on or before

November 17, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

239–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The information concerning this

amendment may be obtained from or

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Larry Reising, Aerospace Engineer,

Propulsion Branch, ANM–140S, FAA,

Transport Airplane Directorate, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2683;

fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: The FAA

has received a report of failure of an

override and jettison fuel pump on a

Boeing Model 767 series airplane.

Investigation revealed that the screws

that attach the inlet diffuser assembly to

the pumping unit housing became loose

and were ingested into the fuel pump

assembly. Loose screws caused the

diffuser ring to become loose and

contact the impeller, which damaged

the impeller and pumping unit housing

and caused the fuel pump to seize.

During dry fuel pump operation, a loose

diffuser ring also could cause metal-tometal contact. This condition, if not

corrected, could result in the generation

of sparks and a potential ignition source

inside the fuel tank.

Other Relevant Rulemaking

The conditions described previously

were addressed in AD 94–11–05,

amendment 39–8921 (59 FR 27970, May

31, 1994), which is applicable to Boeing

Model 767–200 and 767–300 series

airplanes. That AD requires repetitive

inspections of the pumping unit

assembly on the override and jettison

fuel boost pump assemblies to detect

looseness of the screws that attach the

inlet diffuser assembly to the pumping

unit housing, and repair or replacement

of the pumping unit assembly with a

serviceable assembly, if necessary. For

certain airplanes, that AD also provides

for deactivation of the center wing fuel

tank as an alternative to the repetitive

inspections. The actions specified by

that AD are intended to prevent the

generation of sparks and a potential

ignition source inside the fuel tank

caused by metal-to-metal contact during

dry fuel pump operation.

FAA’s Findings

Since the issuance of AD 94–11–05,

an alternative method of compliance

was granted that entailed fuel pump

modifications, which alleviated the

need for repetitive inspections of the

fuel pump. However, the previously

described report of failure of an override

fuel pump occurred on a unit that had

incorporated those modifications. The

FAA has determined that, even if the

override fuel pump fails, operation of

the center tank fuel pumps with no less

than 1,000 pounds of fuel will prevent

ignition of fuel vapors due to the

generation of sparks inside the fuel tank

due to metal-to-metal contact.

Therefore, the FAA has determined that

a revision to the FAA-approved

Airplane Flight Manual (AFM) for

Model 767 series airplanes is necessary

to ensure that the center tank fuel

pumps are not operated with less than

1,000 pounds of fuel in the center tank.

Explanation of the Requirements of the

Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other Boeing Model 767

series airplanes of the same type design,

this AD is being issued to prevent the

generation of sparks and a potential

ignition source inside the fuel tank

caused by metal-to-metal contact during

dry fuel pump operation. This AD

requires revising the AFM to include

procedures that will ensure that the

center tank fuel pumps are not operated

with less than 1,000 pounds of fuel in

the center tank.

Interim Action

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications shall identify the rules

docket number and be submitted in

triplicate to the address specified under

the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments