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

27667

Vol. 63, No. 97

Wednesday, May 20, 1998

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 3017

Governmentwide Debarment and

Suspension (Nonprocurement);

Delegation of Authority

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

SUMMARY: This rule amends 7 CFR part

3017 to permit the Chief of the Forest

Service to redelegate the authority to

serve as Forest Service nonprocurement

debarring or suspending official to the

Deputy Chief or an Associate Deputy

Chief for the National Forest System.

EFFECTIVE DATE: May 20, 1998.

FOR FURTHER INFORMATION CONTACT:

Jim Naylor, Forest Management Staff,

Forest Service, USDA, STOP 1105, P.O.

Box 96090, Washington, D.C. 20090–

6090 (202) 205–0858.

SUPPLEMENTARY INFORMATION: Under the

Governmentwide nonprocurement

debarment and suspension rules, the

authority to act as the Debarring and

Suspending Official is vested in the

agency head or an official designated by

the agency head (53 FR 19161, 19205;

May 26, 1988). However, the U.S.

Department of Agriculture regulations

implementing the Governmentwide

nonprocurement debarment and

suspension rules (54 FR 4721, 4731; Jan.

30, 1989) provide that the authority to

act as a Debarring and Suspending

Official may not be delegated below the

head of any organizational unit of the

U.S. Department of Agriculture.

The time-consuming nature of the

Debarring and Suspending Official’s

duties is inconsistent with the other

duties of and demands on the Chief of

the Forest Service in overseeing the

Forest Service’s programs. The

Debarring and Suspending Official must

personally review the record, conduct

informal hearings, and make the

decision to suspend, propose

debarment, or debar. If there is

subsequent litigation, the official may be

required to answer depositions or to

testify. Moreover, Forest Service

debarment and suspension cases are

complicated because many deal with

indictments for timber theft, collusive

bidding, and other serious violations

concerning contracts and permits for the

use of natural resources.

Therefore, in recognition of the

number and complexity of Forest

Service nonprocurement debarment and

suspension actions, the Secretary is

revising the USDA rule to permit the

Chief to redelegate the authority to act

as the Forest Service nonprocurement

Debarring and Suspending Official to a

subordinate Forest Service official,

namely the Deputy Chief and the

Associate Deputy Chiefs for the National

Forest System.

Regulatory Impact

This rule relates to internal

Department management. As such, this

rule has no substantive effect, nor is it

subject to prior review by the Office of

Management and Budget under

Executive Order 12866. Because of its

internal nature, this rule also is exempt

from further analysis under the Civil

Justice Reform Act, the Unfunded

Mandates Reform Act of 1995, the

Paperwork Reduction Act, and

Executive Order 12630.

List of Subjects in 7 CFR Part 3017

Administrative practice and

procedure, Grant administration, Grant

programs (Agriculture).

Therefore, for the reasons set forth in

the preamble, Part 3017 of Title 7 of the

Code of Federal Regulations is amended

as follows:

PART 3017—GOVERNMENTWIDE

DEBARMENT AND SUSPENSION

(NONPROCUREMENT) AND

GOVERNMENTWIDE REQUIREMENTS

FOR A DRUG-FREE WORKPLACE

(GRANTS)

1. The authority citation for part 3017

continues to read as follows:

Authority: 5 U.S.C. 301; 41 U.S.C. 701 et

seq.; E.O. 12549; 51 FR 6370, 3 CFR, 1986

Comp., p. 189.

2. Section 3017.105 is amended by

revising the definitions of Debarring

official paragraph (2)(i) and Suspending

official paragraph (2)(i) to read as

follows:

§ 3017.15 Definitions.

* * * * *

Debarring official. * * *

(2) * * *

(i) In USDA, the authority to act as a

debarring official is not delegated below

the agency head, except that in the case

of the Forest Service, the Chief may

redelegate the authority to act as a

debarring official to the Deputy Chief or

an Associate Deputy Chief for the

National Forest System.

* * * * *

Suspending official. * * *

(2) * * *

(i) In USDA, the authority to act as a

suspending official is not delegated

below the agency head, except that in

the case of the Forest Service, the Chief

may redelegate the authority to act as a

suspending official to the Deputy Chief

or an Associate Deputy Chief for the

National Forest System.

* * * * *

Dated: May 12, 1998.

Reba Pittman Evans,

Acting Assistant Secretary, Administration.

[FR Doc. 98–13442 Filed 5–19–98; 8:45 am]

BILLING CODE 3410–11–M

DEFENSE NUCLEAR FACILITIES

SAFETY BOARD

10 CFR Part 1703

FOIA Fee Schedule

AGENCY: Defense Nuclear Facilities

Safety Board.

ACTION: Update of FOIA fee schedule.

SUMMARY: The Defense Nuclear

Facilities Safety Board is publishing its

annual update to the Freedom of

Information Act (FOIA) Fee Schedule

pursuant to 10 CFR 1703.107(b)(6) of the

Board’s regulations.

EFFECTIVE DATE: June 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Kenneth M. Pusateri, General Manager,

Defense Nuclear Facilities Safety Board,

625 Indiana Avenue, NW, Suite 700,

Washington, DC 20004–2901, (202) 208–

6447.

SUPPLEMENTARY INFORMATION: The FOIA

requires each Federal agency covered by

the Act to specify a schedule of fees

applicable to processing of requests for
27668 Federal Register / Vol. 63, No. 97 /Wednesday, May 20, 1998 /Rules and Regulations

agency records. 5 U.S.C. 552(a)(4)(i). On

March 15, 1991 the Board published for

comment in the Federal Register its

proposed FOIA Fee Schedule. 56 FR

11114. No comments were received in

response to that notice and the Board

issued a final Fee Schedule on May 6,

1991.

Pursuant to 10 CFR 1703.107(b)(6) of

the Board’s regulations, the Board’s

General Manager will update the Fee

Schedule once ever 12 months. Previous

Fee Schedule updates were published in

the Federal Register and went into

effect, most recently, on June 1, 1997. 62

FR 30432, June 4, 1997.

Board Action

Accordingly, the Board issues the

following schedule of updated fees for

services performed in response to FOIA

requests:

Defense Nuclear Facilities Safety Board

Schedule of Fees for FOIA Services

(Implementing 10 CFR § 1703.107(b)(6))

Search or Review Charge: $52 per hour

Copy Charge (paper): $.05 per page, if

done in-house, or generally

available commercial rate

(approximately $.10 per page)

Copy Charge (3.5’’ diskette): $5.00 per

diskette

Copy Charge (audio cassette): $3.00 per

cassette

Duplication of Video: $25.00 for each

individual videotape; $16.50 for

each additional individual

videotape

Copy Charge for large documents (e.g.,

maps, diagrams): Actual

commercial rates

Dated: May 31, 1998.

Kenneth M. Pusateri,

General Manager.

[FR Doc. 98–13345 Filed 5–19–98; 8:45 am]

BILLING CODE 3670–01–M

FEDERAL HOUSING FINANCE BOARD

12 CFR Part 960

[No. 98–18]

RIN 3069–AA73

Amendment of Affordable Housing

Program Regulation

AGENCY: Federal Housing Finance

Board.

ACTION: Interim final rule.

SUMMARY: The Federal Housing Finance

Board (Finance Board) is amending its

regulation governing the operation of

the Affordable Housing Program (AHP

or Program) to make certain technical

revisions to the regulation that would

clarify Program requirements and

improve the operation of the AHP.

EFFECTIVE DATE: The interim final rule

shall be effective on June 19, 1998. The

Finance Board will accept written

comments on this interim final rule on

or before July 20, 1998.

ADDRESSES: Mail comments to Elaine L.

Baker, Secretary to the Board, Federal

Housing Finance Board, 1777 F Street,

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

Comments will be available for public

inspection at this address.

FOR FURTHER INFORMATION CONTACT:

Richard Tucker, Deputy Director,

Compliance Assistance Division, Office

of Policy, (202) 408–2848, or Sharon B.

Like, Senior Attorney-Advisor, (202)

408–2930, or Roy S. Turner, AttorneyAdvisor, (202) 408–2512, Office of

General Counsel, Federal Housing

Finance Board, 1777 F Street, N.W.,

Washington, D.C. 20006.

SUPPLEMENTARY INFORMATION:

I. Statutory and Regulatory Background

Section 10(j)(1) of the Federal Home

Loan Bank Act (Act) requires each

Federal Home Loan Bank (Bank) to

establish a Program to subsidize the

interest rate on advances to members of

the Federal Home Loan Bank System

(Bank System) engaged in lending for

long-term, low- and moderate-income,

owner-occupied and affordable rental

housing at subsidized interest rates. See

12 U.S.C. 1430(j)(1). The Finance Board

is required to promulgate regulations

governing the Program. See id. The

Finance Board’s existing regulation

governing the operation of the Program

is set forth in part 960 of the Finance

Board’s regulations (AHP regulation).

See 12 CFR part 960.

On August 4, 1997, the Finance Board

published a final rule adopting

comprehensive revisions to the AHP

regulation, which, among other changes,

authorized the 12 Banks, rather than the

Finance Board, to approve applications

for AHP subsidies beginning January 1,

1998. See 62 FR 41812 (Aug. 4, 1997).

In the course of implementing the

changes to the Program under the recent

revisions to the AHP regulation, the

Banks and Finance Board staff have

identified a number of technical issues

whose resolution would clarify Program

requirements and improve the

effectiveness of the Program. The

Finance Board previously published a

list of Questions and Answers prepared

by Finance Board staff in order to

provide guidance on some of these

issues. See 62 FR 66977 (Dec. 23, 1997).

This interim final rule codifies portions

of the Finance Board staff guidance

contained in the Questions and Answers

and addresses additional technical

issues that have arisen in the course of

implementing the 1997 revisions to the

AHP regulation. Although the interim

final rule will become effective 30 days

after publication in the Federal

Register, the Finance Board requests

comment on all aspects of the rule

during a 60-day comment period.

II. Analysis of Interim Final Rule

A. Definitions—Section 960.1

1. Definition of ‘‘Affordable’’

Under § 960.5(b)(1) of the current

AHP regulation, in order for rental

housing to be eligible to be financed by

an AHP subsidy, at least 20 percent of

the units must be occupied by and

affordable for very low-income

households. See 12 CFR 960.1,

960.5(b)(1). Section 960.1 of the current

AHP regulation provides that

‘‘affordable’’ means that ‘‘the rent

charged to a household for a unit that

is committed to be affordable in an AHP

application does not exceed 30 percent

of the income of a household of the

maximum income and size expected,

under the commitment made in the

AHP application, to occupy the unit

(assuming occupancy of 1.5 persons per

bedroom or 1.0 person per unit without

a separate bedroom).’’ See id. § 960.1

This definition is intended to make

clear that the 30 percent-of-income

limitation on rent applies to all units in

a project which, according to the

commitments made in the AHP

application, are to be reserved for

occupancy by households with incomes

at or below 80 percent of the median

income for the area. However,

subsequent to the adoption of the

definition, questions have arisen as to

which units in a rental project are

subject to the 30 percent-of-income

limitation. The revised definition of

‘‘affordable’’ is intended to clarify this

issue. The interim final rule defines

‘‘affordable’’ to mean that ‘‘the rent

charged for a unit which is to be

reserved for occupancy by a household

with an income at or below 80 percent

of the median income for the area, does

not exceed 30 percent of the income of

a household of the maximum income

and size expected, under the

commitment made in the AHP

application, to occupy the unit

(assuming occupancy of 1.5 persons per

bedroom or 1.0 person per unit without

a separate bedroom).’’