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

66973

Vol. 62, No. 246

Tuesday, December 23, 1997

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 532

RIN 3206–AI10

Prevailing Rate Systems; Removal of

Umatilla County, OR, From Spokane,

WA, Nonappropriated Fund Wage Area

AGENCY: Office of Personnel

Management.

ACTION: Interim rule with request for

comments.

SUMMARY: The Office of Personnel

Management (OPM) is issuing an

interim rule to remove Umatilla County,

OR, from the area of application of the

Spokane, WA, nonappropriated fund

(NAF) Federal Wage System (FWS)

wage area.

DATES: This interim rule becomes

effective on January 1, 1998. Comments

must be received by January 22, 1998.

ADDRESSES: Send or deliver comments

to Donald J. Winstead, Assistant

Director for Compensation

Administration, Workforce

Compensation and Performance Service,

Office of Personnel Management, Room

7H31, 1900 E Street NW., Washington,

DC 20415, or FAX: (202) 606–4264.

FOR FURTHER INFORMATION CONTACT:

Mark Allen at (202) 606–2848, or send

an e-mail message to maallen@opm.gov.

SUPPLEMENTARY INFORMATION: The

Spokane wage area is presently

composed of one survey area county

(Spokane, WA) and three area of

application counties (Adams County,

WA; Walla Walla County, WA; and

Umatilla County, OR). The removal of

Umatilla County from the area of

application of the Spokane wage area is

appropriate because there are no NAF

FWS employees stationed in Umatilla

County and no Federal agency

anticipates future employment in the

county. Under section 5343(a)(1)(B)(I) of

title 5, United States Code, NAF wage

areas ‘‘shall not extend beyond the

immediate locality in which the

particular prevailing rate employees are

employed.’’

The Federal Prevailing Rate Advisory

Committee, the statutory national-level

labor-management committee

responsible for advising OPM on

matters concerning the pay of FWS

employees, has reviewed and concurred

by consensus with this change.

Pursuant to 5 U.S.C. 553(b)(3)(B), I

find that good cause exists for waiving

the general notice of proposed

rulemaking. Also, pursuant to 5 U.S.C.

553(d)(3), I find that good cause exists

for making this rule effective in less

than 30 days. The notice is being

waived and the regulation is being made

effective in less than 30 days because it

is not in the public interest for Umatilla

County to remain in the Spokane wage

area after December 31, 1997. Under

section 532.205 of title 5, Code of

Federal Regulations, the highest

minimum wage applicable within a

wage area must be applied to the entire

wage area. The current Federal

minimum wage is $5.15 an hour, and

the minimum wage in the State of

Oregon will increase to $6.00 an hour

on January 1, 1998. If Umatilla County

is not removed from the Spokane wage

area by January 1, 1998, the pending

increase in the minimum wage for the

State of Oregon would require that pay

rates for NAF FWS employees who are

stationed in Adams, Spokane, and Walla

Walla Counties, WA, be increased to

account for the higher minimum wage

in the State of Oregon even though none

of the NAF FWS employees who are

stationed in the Spokane wage area

work in Oregon.

Regulatory Flexibility Act

I certify that these regulations will not

have a significant economic impact on

a substantial number of small entities

because they affect only Federal

agencies and employees.

List of Subjects in 5 CFR Part 532

Administrative practice and

procedure, Freedom of information,

Government employees, Reporting and

recordkeeping requirements, Wages.

Office of Personnel Management.

Janice R. Lachance,

Director.

Accordingly, OPM is amending 5 CFR

part 532 as follows:

PART 532—PREVAILING RATE

SYSTEMS

1. The authority citation for part 532

continues to read as follows:

Authority: 5 U.S.C. 5343, 5346; § 532.707

also issued under 5 U.S.C. 552.

2. Appendix D to subpart B of part

532 is amended by revising the wage

area listing for the Spokane,

Washington, nonappropriated fund

Federal Wage System wage area to read

as follows:

Appendix D to Subpart B of Part 532—

Nonappropriated Fund Wage and Survey

Areas

* * * * *

Washington

* * * * *

Spokane

Survey Area

Washington:

Spokane

Area of Application. Survey Area Plus

Washington:

Adams

Walla Walla

* * * * *

[FR Doc. 97–33435 Filed 12–22–97; 8:45 am]

BILLING CODE 6325–01–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1209

[FV–97–705IFR]

Mushroom Promotion, Research, and

Consumer Information Order;

Referendum Procedures

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This rule provides procedures

which the Department of Agriculture

(Department) will use in conducting the

referendum to determine whether
66974 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations

mushroom producers and importers

favor continuance of the Mushroom

Promotion, Research, and Consumer

Information Order (Order). In order to

continue, the Order must be approved

by a simple majority of producers and

importers voting in the referendum and

that majority must represent more than

50 percent of the mushrooms produced

and imported by those voting in the

referendum. These procedures will also

apply to any subsequent referenda to

amend, continue, or terminate the order.

EFFECTIVE DATE: December 24, 1997.

Comments must be received by January

22, 1998.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this proposed rule to:

Research and Promotion Branch, Fruit

and Vegetable Division, Agricultural

Marketing Service (AMS), 1400

Independence Avenue, Room 2535–S,

Stop Code 0244, Washington, DC

20250–0244, fax: (202) 205–2800. Three

copies of all materials should be

submitted, and they will be made

available for public inspection at the

Research and Promotion Branch during

regular business hours. All comments

should reference the docket number and

the date and page number of this issue

of the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Stacey L. Bryson, Research and

Promotion Branch, Fruit and Vegetable

Programs, AMS, USDA, 1400

Independence Avenue, Room 2535–S,

Stop Code 0244, Washington, DC

20250–0244, telephone (202) 720–6930

or (888) 720–9917.

SUPPLEMENTARY INFORMATION: This rule

is issued under the Mushroom

Promotion, Research, and Consumer

Information Act of 1990 (7 U.S.C. 6107–

6112), hereinafter referred to as the Act.

This rule provides the procedures

under which the referendum will be

conducted.

Executive Order 12988

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. It is not intended to have

retroactive effect. Section 1930 of the

Act provides that nothing in the Act

may be construed to preempt or

supersede any other program relating to

mushroom promotion, research,

consumer information, or industry

information organized and operated

under the laws of the United States or

any State.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

§ 1927 of the Act, after an Order is

implemented, a person subject to the

Order may file a petition with the

Secretary of Agriculture (Secretary)

stating that the Order or any provision

of the Order, or any obligation imposed

in connection with the Order, is not in

accordance with law and requesting a

modification of the Order or an

exemption from the Order. The

petitioner is afforded the opportunity

for a hearing on the petition. After such

hearing, the Secretary will make a ruling

on the petition. The Act provides that

the district courts of the United States

in any district in which a person who

is a petitioner resides or carries on

business are vested with jurisdiction to

review the Secretary’s ruling on the

petition, if a complaint for that purpose

is filed within 20 days after the date of

the entry of the ruling.

Executive Order 12866 and Regulatory

Flexibility Act

Paperwork Reduction Act

This rule has been determined not

significant for purposes of Executive

Order 12866, and therefore has not been

reviewed by the Office of Management

and Budget.

In accordance with the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.), the

Agency has examined the impact of this

rule on small entities.

The Act became effective on

November 20, 1990. The Order, which

is authorized under the Act, became

effective on January 8, 1993.

Section 1926 of the Act provides that

the Secretary shall conduct a

referendum effective 5 years after the

date on which the Order became

effective. The referendum must be

conducted among mushroom producers

and importers to ascertain whether they

favor continuation, termination, or

suspension of the Order. Paragraph

(b)(2) of § 1926 of the Act requires that

the Order be approved by a majority of

producers and importers voting in the

referendum which majority, on average,

annually produces and imports into the

United States more than 50 percent of

mushrooms annually produced and

imported by all those persons voting in

the referendum.

There are approximately 134

producers and 4 importers of fresh

mushrooms covered by the program.

Small agricultural service firms, which

will include the importers who will vote

in the referendum, have been defined by

the Small Business Administration

(SBA) (13 CFR 121.601) as those whose

annual receipts are less than $5 million

and small agricultural producers as

those having annual receipts of

$500,000. Only one importer has been

identified to have $5 million in annual

sales. In addition, there are 134

producers at or over the $500,000

annual sales receipts threshold.

Therefore, it could be concluded that a

majority of producers and importers are

not considered small businesses.

The total volume of mushroom sales

in the United States during the 1996–97

production year (July 1, 1996, through

June 30, 1997) was 776.7 million

pounds (553.8 million pounds for the

fresh market and 222.9 million pounds

for the processed market). The value of

sales for the crop was $765.8 million.

Historically, Pennsylvania produced 45

percent of total volume of sales,

followed by California with 17 percent,

Florida with 5 percent, Ohio with 2

percent, and Michigan with 2 percent.

Eighteen other States account for the

remainder.

U.S. fresh market exports of

mushrooms totaled 5.3 million pounds

from July 1996 through June 1997, with

a value of $20 million. Canada was the

principal destination, accounting for

about 74 percent of the poundage and

about 38 percent of the value of U.S.

exports. Japan accounted for 14 percent

of the quantity exported, and 40 percent

of the value of exports.

Fresh mushroom imports into the

United States for the same period were

about 5.1 million pounds, with a value

of about $12.1 million. About 82 percent

of that poundage and 86 percent of the

value came from Canada, and about 10

percent of the poundage and about 5

percent of the value came from the

People’s Republic of China.

This rule provides the procedures

under which mushroom producers and

importers may vote on whether they

want the mushroom promotion and

research program to continue. Such a

referendum is required by the Act.

There are approximately 138 eligible

voters. In addition, these procedures

will apply to any subsequent referenda

to amend, continue, or terminate the

order.

The Department will keep all of these

individuals informed throughout the

referendum process to ensure that they

are aware of and are able to participate.

In addition, trade associations and

related industry media will receive

news releases and other information

regarding the referendum.

Voting in the referendum is optional.

However, if producers and importers

choose to vote, the burden of voting will

be offset by the benefits of having the

opportunity to vote on whether they

want the program to continue or not.

The Department considered requiring

eligible voters to vote in person at

various Department offices across the
Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations 66975

country. However, conducting the

referendum from one central location is

more cost effective for this program. In

addition, the Department will accept

ballots sent by fax as well as by mail.

The fax number to be used will be

published soon in the referendum order.

The Department will provide easy

access to information for potential

voters through a toll free telephone line.

In accordance with the Office of

Management and Budget (OMB)

regulations (5 CFR part 1320) which

implements the Paperwork Reduction

Act of 1995 (44 U.S.C. Chapter 35), the

referendum ballot has been approved by

the Office of Management and Budget

(OMB) and has been assigned OMB

number 0581–0093. It is estimated that

there are 138 producers and importers

who will be eligible to vote in the

referendum. It will take an average of 15

minutes for each voter to read the voting

instructions and complete the

referendum ballot. The total burden on

the total number of voters will be 34.5

hours.

The Department has not identified

any relevant Federal rules that

duplicate, overlap, or conflict with this

rule.

Background

The Act authorized the Secretary to

establish a national mushroom

promotion, research, and consumer

information program. The program is

funded by an assessment levied on

producers and importers of more than

500,000 pounds annually. Each

producers and importer covered by the

program pays an assessment of 0.45

cents per pound of fresh mushrooms.

Assessments are used to pay for:

research, promotion, and consumer

information; administration,

maintenance, and functioning of the

Board; and expenses incurred by the

Secretary in implementing and

administering the Order, including

referendum costs.

Section 1926 of the Act provides that

the Secretary of Agriculture (Secretary)

shall conduct a referendum effective 5

years after the date on which the Order

became effective. The Order became

effective on January 8, 1993. The

referendum must be conducted among

mushroom producers and importers to

ascertain whether they favor

continuation, termination, or

suspension of the Order. Paragraph

(b)(2) of § 1926 of the Act requires that

the Order be approved by a majority of

producers and importers voting in the

referendum which majority, on average,

annually produces and imports into the

United States more than 50 percent of

mushrooms annually produced and

imported by all those persons voting in

the referendum. Only mushroom

producers and importers who either

produced or imported, on average, over

500,000 pounds of mushrooms annually

during the representative period will be

eligible to vote in the referendum.

Producers and importers will be

required to certify the pounds of

mushrooms they either produced or

imported during the representative

period.

In accordance with § 1923 of the Act,

a producer is defined in the Order as

any person engaged in the production of

mushrooms who owns or shares the

ownership and risk of loss of such

mushrooms and who produces, on

average, over 500,000 pounds of

mushrooms per year. Importer is

defined as any person who imports, on

average, over 500,000 pounds of

mushrooms annually from outside the

United States.

This rule provides the procedures

under which mushroom producers and

importers may vote on whether they

want the mushroom promotion and

research program to continue. There are

approximately 138 eligible voters. These

procedures are similar to those

published (57 FR 31948) prior to the

mushroom order going into effect. This

interim final rule, however, provides

that ballots are to be cast only by mail

or fax and not at polling places.

Persons voting in a referendum will

certify their eligibility to vote and will

designate their status as either a

mushroom producer or importer.

Producers and importers will be

required to certify the pounds of

mushrooms they either produced or

imported during the representative

period. The representative period will

be announced in a referendum order at

a later date.

This rule will add a new subpart

which establishes procedures to be used

in a referendum. This subpart covers

definitions, voting, instructions, use of

subagents, ballots, the referendum

report, and confidentiality of

information.

All written comments received in

response to this rule by the date

specified herein will be considered

prior to finalizing this action.

After consideration of all relevant

material, it is found that the order

provisions subject to this action tend to

effectuate the declared policy of the Act.

Pursuant to the provisions in 5 U.S.C.

553, it is found and determined upon

good cause that it is impracticable,

unnecessary, and contrary to the public

interest to give preliminary notice prior

to putting this action into effect and that

good cause exists for not postponing the

effective date of this rule until 30 days

after publication in the Federal

Register, because: (1) This action

provides procedures to be used in

connection with the referendum which

will take place in early 1998; (2) the Act

requires that a referendum be conducted

5 years after the date on which an order

became effective; (3) these procedures

are very similar to procedures used in

other programs and to the procedures

used for the initial referendum on the

mushroom program; and (4) the 30-day

comment period will provide interested

persons sufficient time to comment

prior to the issuance of a final rule.

List of Subjects in 7 CFR Part 1209

Administrative practice and

procedure, Advertising, Agricultural

research, Marketing agreements,

Mushrooms, Reporting and

recordkeeping requirements.

For the reasons set forth in the

preamble, Title 7, chapter XI of the Code

of Federal Regulations is amended as

follows:

PART 1209—MUSHROOM

PROMOTION, RESEARCH, AND

CONSUMER INFORMATION ORDER

1. The authority citation for part 1209

continues to read as follows:

Authority: 7 U.S.C. 6101–6112.

2. In part 1209, subpart C is added to

read as follows:

Subpart C—Procedure for the Conduct

of Referenda in Connection With the

Mushroom Promotion, Research, and

Consumer Information Order

Sec.

1209.300 General.

1209.301 Definitions.

1209.302 Voting.

1209.303 Instructions.

1209.304 Subagents.

1209.305 Ballots.

1209.306 Referendum report.

1209.307 Confidential information.

§ 1209.300 General.

A referendum to determine whether

eligible producers and importers favor

continuation of the Mushroom

Promotion, Research, and Consumer

Information Order shall be conducted in

accordance with these procedures.

§ 1209.301 Definitions.

Unless otherwise defined below, the

definition of terms used in these

procedures shall have the same meaning

as the definitions in the Order.

(a) Administrator means the

Administrator of the Agricultural

Marketing Service, with power to

redelegate, or any officer or employee of
66976 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations

the Department to whom authority has

been delegated or may hereafter be

delegated to act in the Administrator’s

stead.

(b) Order means the Mushroom

Promotion, Research, and Consumer

Information Order, including an

amendment to the Order.

(c) Referendum agent or agent means

the individual or individuals designated

by the Secretary to conduct the

referendum.

(d) Representative period means the

period designated by the Secretary.

(e) Person means any individual,

group of individuals, partnership,

corporation, association, cooperative, or

any other legal entity. For the purpose

of this definition, the term

‘‘partnership’’ includes, but is not

limited to:

(1) A husband and wife who have title

to, or leasehold interest in, mushroom

production facilities and equipment as

tenants in common, joint tenants,

tenants by the entirety, or, under

community property laws, as

community property, and

(2) So-called ‘‘joint ventures’’,

wherein one or more parties to the

agreement, informal or otherwise,

contributed capital and others

contributed labor, management,

equipment, or other services, or any

variation of such contributions by two

or more parties so that it results in the

production or importation of fresh

mushrooms and the authority to transfer

title to the mushrooms so produced or

imported.

(f) Eligible producer means any

person or entity defined as a producer

who produces, on average, over 500,000

pounds annually of fresh mushrooms

during the representative period and

who:

(1) Owns or shares in the ownership

of mushroom production facilities and

equipment resulting in the ownership of

the mushrooms produced;

(2) Rents mushroom production

facilities and equipment resulting in the

ownership of all or a portion of the

mushrooms produced;

(3) Owns mushroom production

facilities and equipment but does not

manage them and, as compensation,

obtains the ownership of a portion of

the mushrooms produced; or

(4) Is a party in a landlord-tenant

relationship or a divided ownership

arrangement involving totally

independent entities cooperating only to

produce mushrooms who share the risk

of loss and receive a share of the

mushrooms produced. No other

acquisition of legal title to mushrooms

shall be deemed to result in persons

becoming eligible producers.

(g) Eligible importer means any person

or entity defined as an importer who

imports, on average, over 500,000

pounds annually of fresh mushrooms

during the representative period.

Importation occurs when commodities

originating outside the United States are

entered or withdrawn from the U.S.

Customs Service for consumption in the

United States. Included are persons who

hold title to foreign-produced

mushrooms immediately upon release

by the U.S. Customs Service, as well as

any persons who act on behalf of others,

as agents or brokers, to secure the

release of mushrooms from the U.S.

Customs Service when such mushrooms

are entered or withdrawn for

consumption in the United States.

§ 1209.302 Voting.

(a) Each person who is an eligible

producer or importer, as defined in this

subpart, at the time of the referendum

and during the representative period,

shall be entitled to cast only one ballot

in the referendum. However, each

producer in a landlord-tenant

relationship or a divided ownership

arrangement involving totally

independent entities cooperating only to

produce mushrooms, in which more

than one of the parties is a producer,

shall be entitled to cast one ballot in the

referendum covering only such

producer’s share of the ownership.

(b) Proxy voting is not authorized, but

an officer or employee of an eligible

corporate producer or importer, or an

administrator, executor, or trustee of an

eligible producing or importing entity

may cast a ballot on behalf of such

producer or importer entity. Any

individual so voting in a referendum

shall certify that such individual is an

officer or employee of the eligible

producer or importer, or an

administrator, executor, or trustee of an

eligible producing or importing entity,

and that such individual has the

authority to take such action. Upon

request of the referendum agent, the

individual shall submit adequate

evidence of such authority.

(c) Ballots are to be cast by mail or

fax.

§ 1209.303 Instructions.

The referendum agent shall conduct

the referendum, in the manner herein

provided, under the supervision of the

Administrator. The Administrator may

prescribe additional instructions, not

inconsistent with the provisions hereof,

to govern the procedure to be followed

by the referendum agent. Such agent

shall:

(a) Determine the time of

commencement and termination of the

period during which ballots may be

cast.

(b) Provide ballots and related

material to be used in the referendum.

Ballot material shall provide for

recording essential information

including that needed for ascertaining:

(1) Whether the person voting, or on

whose behalf the vote is cast, is an

eligible voter;

(2) The total volume of mushrooms

produced by the voting producer during

the representative period; and

(3) The total volume of mushrooms

imported by the voting importer during

the representative period.

(c) Give reasonable advance public

notice of the referendum:

(1) By utilizing available media or

public information sources, without

incurring advertising expense, to

publicize the dates, places, method of

voting, eligibility requirements, and

other pertinent information. Such

sources of publicity may include, but

are not limited to, print and radio; and

(2) By such other means as the agent

may deem advisable.

(d) Mail to eligible producers and

importers, whose names and addresses

are known to the referendum agent, the

instructions on voting, a ballot, and a

summary of the terms and conditions of

the Order. No person who claims to be

eligible to vote shall be refused a ballot.

(e) Collect and safeguard ballots

received by fax.

(f) At the end of the voting period,

collect, open, number, and review the

ballots and tabulate the results.

(g) Prepare a report on the

referendum.

(h) Prepare an announcement of the

results for the public.

§ 1209.304 Subagents.

The referendum agent may appoint

any individual or individuals deemed

necessary or desirable to assist the agent

in performing such agent’s functions

hereunder. Each individual so

appointed may be authorized by the

agent to perform any or all of the

functions which, in the absence of such

appointment, shall be performed by the

agent.

§ 1209.305 Ballots.

The referendum agent and subagents

shall accept all ballots cast; but, should

they, or any of them, deem that a ballot

should be challenged for any reason, the

agent or subagent shall endorse above

their signature, on the ballot, a

statement to the effect that such ballot

was challenged, by whom challenged,

the reasons therefore, the results of any

investigations made with respect

thereto, and the disposition thereof.
Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations 66977

Ballots invalid under this subpart shall

not be counted.

§ 1209.306 Referendum report.

Except as otherwise directed, the

referendum agent shall prepare and

submit to the Administrator a report on

results of the referendum, the manner in

which it was conducted, the extent and

kind of public notice given, and other

information pertinent to analysis of the

referendum and its results.

§ 1209.307 Confidential information.

The ballots and other information or

reports that reveal, or tend to reveal, the

identity or vote of any person covered

under the Act shall be held confidential

and shall not be disclosed.

Dated: December 11, 1997.

Sharon Bomer Lauritsen,

Associate Deputy Administrator, Fruit and

Vegetable Programs.

[FR Doc. 97–32812 Filed 12–22–97; 8:45 am]

BILLING CODE 3410–02–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 50

RIN 3150–AF73

Codes and Standards; IEEE National

Consensus Standard, Withdrawal

AGENCY: Nuclear Regulatory

Commission.

ACTION: Direct final rule; withdrawal.

SUMMARY: The Nuclear Regulatory

Commission is withdrawing a direct

final rule that would have amended

Commission’s regulations to incorporate

by reference the most recent published

version of IEEE Std. 603–1991, a

national consensus standard for power,

instrumentation, and control portions of

safety systems in nuclear power plants.

The NRC is taking this action because it

has received significant adverse

comments in response to an identical

proposed rule which was concurrently

published in the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Satish K. Aggarwal, Senior Program

Manager, Office of Nuclear Regulatory

Research, U.S. Nuclear Regulatory

Commission, Washington, DC 20555.

Telephone (301) 415–6005, Fax (301)

415–5074 (e-mail: SKA@NRC.GOV).

SUPPLEMENTARY INFORMATION: On

October 17, 1997 (62 FR 53933), the

Nuclear Regulatory Commission

published in the Federal Register a

direct final rule amending its

regulations at 10 CFR 50.55a(h) to

incorporate by reference the most

recently published version of a national

consensus standard. The direct final

rule was to become effective on January

1, 1998. The NRC also concurrently

published an identical proposed rule on

October 17, 1997 (62 FR 53975). In these

documents, the NRC indicated that if it

received significant adverse comments

in response to this action, the NRC

would withdraw the direct final rule

and would consider the comments

received as in response to the proposed

rule and address these comments in a

subsequent final rule. The NRC has

received significant adverse comments

on the direct final rule. Therefore, the

Commission is withdrawing the October

17, 1997, direct final rule. The public

comments received will be addressed in

a subsequent final rule issued in either

a notice of final rulemaking or in a

notice of withdrawal of the proposed

rule.

Dated at Rockville, Maryland, this 16th day

of December, 1997.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 97–33424 Filed 12–22–97; 8:45 am]

BILLING CODE 7590–01–P

FEDERAL HOUSING FINANCE BOARD

12 CFR Part 960

[No. 97–N–10]

Questions and Answers Regarding The

Affordable Housing Program

AGENCY: Federal Housing Finance

Board.

ACTION: Staff interpretation of affordable

housing regulations.

SUMMARY: The Federal Housing Finance

Board (Finance Board) is publishing

Questions and Answers regarding the

Affordable Housing Program (AHP). The

Questions and Answers have been

prepared by staff of the Finance Board

in response to questions about changes

in the Finance Board’s regulation

governing the AHP that will go into

effect on January 1, 1998. The Questions

and Answers constitute informal staff

guidance for Finance Board personnel,

the Federal Home Loan Banks (Bank),

Bank members, and program

participants. The Answers are intended

to be interpretive of the Finance Board’s

regulation governing the AHP, and are

not statements of agency policy. The

Questions and Answers have not been

considered or approved by the Board of

Directors of the Finance Board.

FOR FURTHER INFORMATION CONTACT:

Richard Tucker, Deputy Director,

Compliance Assistance Division, (202)

408–2848, or Janet M. Fronckowiak,

Program Analyst, Compliance

Assistance Division, (202) 408–2575, or

Diane E. Dorius, Associate Director,

Program Development Division, (202)

408–2576, Office of Policy, Federal

Housing Finance Board, 1777 F Street,

N.W., Washington, D.C. 20006.

SUPPLEMENTARY INFORMATION: On August

4, 1997, the Finance Board published a

final rule amending its existing

regulation governing the AHP. See 62

FR 41812 (Aug. 4, 1997). The final rule

will become effective on January 1,

1998. In the months following

publication of the final rule, the Finance

Board has provided training to the staffs

of the Banks to assist them in making a

smooth transition to operation under the

amended AHP regulation. A number of

questions of regulatory interpretation

were raised by Bank staff as a result of

the Finance Board’s training sessions.

The staff of the Finance Board has

prepared answers to the most frequently

asked questions. The Questions and

Answers constitute informal

interpretive guidance for Finance Board

personnel, the Banks, Bank members,

and program participants. The Answers

are intended to be interpretative of the

AHP regulation, not statements of

agency policy, and they have not been

considered or approved by the Board of

Directors of the Finance Board.

The Questions and Answers are

grouped by the provision of the AHP

regulation that they discuss and are

presented in the same order as the

regulatory provisions. The text of the

Questions and Answers follows:

Text of the Questions and Answers

Questions and Answers Regarding the

AHP

Definitions (§ 960.1)

Low- and Moderate-Income and Very

Low-Income Household Eligibility for

Current Occupants:

Q1. When a rental project involves

both purchase and rehabilitation, which

point in time should be used for

purposes of determining household

eligibility?

A1. The regulation permits a choice of

determining income eligibility either at

the time of completion of the purchase

or at the time of completion of the

rehabilitation.

Q2. In the case of projects involving

the purchase or rehabilitation of rental

housing with current occupants, can an

occupying household that is a very lowincome or a low- or moderate-income

household at the time the AHP

application is submitted to the Bank be

deemed to be a very low-income or a

low- or moderate-income household at