24596 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules

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

regulatory, aeronautical, economic,

environmental, and energy related

aspects of the proposal.

Communications should identify the

airspace docket number 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 Airspace Docket No. 95–

ANM–11.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the specified

closing date for comments will be

considered before taking action on the

proposed rule. The proposal contained

in this notice may be changed in the

light of comments received. All

comments submitted will be available

for examination at the address listed

above both before and after the closing

date for comments. A report

summarizing each substantive public

contact with FAA personnel concerned

with this rulemaking will be filed in the

docket.

Availability of NPRM’s

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, System

Management Branch, ANM–530, 1601

Lind Avenue S.W., Renton, Washington

98055–4056. Communications must

identify the notice number of this

NPRM. Persons interested in being

placed on a mailing list for future

NPRM’s should also request a copy of

Advisory Circular No. 11–2A, which

describes the application procedure.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

amend Class E airspace at Salt Lake

City, Utah, to accommodate a new

instrument approach procedure at Salt

Lake City International Airport. The

area would be depicted on aeronautical

charts for pilot reference. The

coordinates for this airspace docket are

based on North American Datum 83.

Class E airspace areas extending upward

from 700 feet or more above the surface

of the earth are published in Paragraph

6005 of FAA Order 7400.9B dated July

18, 1994, and effective September 16,

1994, 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.

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—[AMENDED]

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a),

1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 49 U.S.C. 106(G); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9B, Airspace

Designations and Reporting Points,

dated July 18, 1994, and effective

September 16, 1994, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ANM UT E5 Salt Lake City, UT [Revised]

Salt Lake City International Airport, UT

(Lat. 40°47′13′′ N, long. 111°58′08′′ W)

That airspace extending upward from

700 feet above the surface bounded by

a line beginning at lat. 41°00′00′′ N,

long. 111°45′03′′ W, then south along

long. 111°45′03′′ W, to lat. 40°22′30′′ N,

thence southeast to lat. 40°10′20′′ N,

long. 111°35′03′′ W, thence southwest to

lat. 40°03′30′′ N, long. 111°48′33′′ W,

thence northwest to lat. 40°43′00′′ N,

long. 112°22′03′′ W, thence north along

long. 112°22′03′′ W, to lat. 41°00′00′′ N,

thence east along lat. 41°00′00′′ N, to the

point of beginning; that airspace

extending upward from 1,200 feet above

the surface bounded on the north by lat.

41°00′00′′ N, on the east by long.

111°25′33′′ W, on the south by lat.

39°56′30′′ N, to long. 111°55′03′′ W,

thence south along long. 111°55′03′′ W,

to lat. 39°48′00′′ N, long. 111°55′03′′ W,

thence south to 39°04′00′′ N, 112°27′30′′

W, thence northwest to lat. 39°48′00′′ N,

long. 112°50′00′′ W, thence west via lat.

39°48′00′′ N, to the east edge of

Restricted Area R–6402A, and on the

west by the east edge of Restricted Area

R–6402A, Restricted Area R–6402B and

Restricted Area R–6406B and long.

113°00′03′′ W; that airspace east of Salt

Lake City extending upward from

11,000 feet MSL bounded on the

northwest by the southeast edge of V–

32, on the southeast by the northwest

edge of V–235, on the southwest by the

northeast edge of V–101 and on the west

by long. 111°25′33′′ W; excluding that

airspace within the Evanston, WY,

1,200-foot Class E airspace area; that

airspace southeast of Salt Lake City

extending upward from 13,500 feet MSL

bounded on the northeast by the

southwest edge of V–484, on the south

by the north edge of V–200 and on the

west by long. 111°25′33′′ W; excluding

the portion within Restricted Area R–

6403 and the Bonneville, UT Class E

airspace area.

* * * * *

Issued in Seattle, Washington, on April 19,

1995.

Bill H. Ellis,

Acting Assistant Manager, Air Traffic

Division, Northwest Mountain Region.

[FR Doc. 95–11276 Filed 5–8–95; 8:45 am]

BILLING CODE 4910–13–M
Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules 24597

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Assistant Secretary for

Public and Indian Housing

24 CFR Parts 950 and 990

[Docket No. R–95–1783; FR–3747–P–01]

RIN 2577–AB47

Performance Funding System: Unit

Months Available

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Proposed rule.

SUMMARY: The Department is proposing

to revise the Performance Funding

System to permit payment of operating

subsidies for scattered-site units as they

become occupied.

DATES: Comments due date: July 10,

1995.

ADDRESSES: Interested persons are

invited to submit written comments

regarding this proposed rule to the

Office of the General Counsel, Rules

Docket Clerk, Room 10276, Department

of Housing and Urban Development,

451 Seventh Street, S.W., Washington,

D.C. 20410. Comments should refer to

the above docket number and title. A

copy of each comment submitted will be

available for public inspection and

copying between 7:30 a.m. and 5:30

p.m. at the above address. Facsimile

(FAX) comments are not acceptable.

FOR FURTHER INFORMATION CONTACT: Mr.

John T. Comerford, Director, Financial

Management Division, Office of

Management Operations, Public and

Indian Housing, Room 4212,

Department of Housing and Urban

Development, 451 Seventh Street, S.W.,

Washington D.C. 20410, telephone (202)

708–1872; or with respect to the Indian

Housing programs, Ms. Joann A. Teiken,

Financial Management Specialist, Office

of Native American Programs, Public

and Indian Housing, Room B–133,

Department of Housing and Urban

Development, 451 Seventh Street, S.W.,

Washington D.C. 20410, telephone (202)

708–2980. Hearing or speech impaired

individuals may call HUD’s TDD

number, (202) 708–0850. (These

telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: HUD’s

current policy provides that eligibility

for operating subsidy depends on the

date of the End of Initial Operating

Period (EIOP), and the subsidy is

payable for the project as a whole, not

on the basis of individual units. Any

operating deficit prior to EIOP is

chargeable to the Development Cost

Budget, thereby reducing funds

available for other development costs.

This procedure is founded on practices

historically used in large, multi-unit

apartment projects, but is not

necessarily appropriate to projects

involving acquisition of existing,

scattered site units.

This proposed rule would revise the

definition of Unit Months Available

(§§ 950.102 and 990.102) and provide an

explanation of the alternate method for

calculating unit months available upon

acquisition of units in a scattered site

project (§§ 950.705 and 990.104(b)).

This change in procedure would be

made applicable to scattered site

developments acquired by Indian

Housing Authorities.

Findings and Certifications

The subject matter of this proposed

rule is categorically excluded from

HUD’s environmental clearance

procedures under 24 CFR 50.20(k). It

relates to internal administrative

procedures whose content does not

constitute a development decision or

affect the physical condition of project

areas or building sites.

Regulatory Flexibility Act

The Secretary, in accordance with the

Regulatory Flexibility Act (5 U.S.C.

605(b)), has reviewed this proposed rule

before publication and by approving it

certifies that this proposed rule does not

have a significant economic impact on

substantial number of small entities.

The proposed rule would recognize that

homes that are part of scattered-site

developments become ready for

occupancy at varying times, and would

remove a potential penalty to housing

authorities who would otherwise have

to wait for all units in a scattered-site

development to be occupied before they

can receive subsidy.

Executive Order 12612, Federalism

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that the policies contained

in this proposed rule would not have

federalism implications and, thus, are

not subject to review under the Order.

The proposed rule would refine an

established formula under which HUD

calculates operating subsidies for lowincome housing developments, but

contains no requirement for explicit

action by local officials and would not

interfere with State or local

governmental functions.

Executive Order 12606

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that this proposed rule

would not have potential significant

impact on family formation,

maintenance, and general well-being,

and, thus, is not subject to review under

the Order. No significant change in

existing HUD policies or programs will

result from promulgation of this

proposed rule, as those policies and

programs relate to family concerns.

Regulatory Agenda

This proposed rule was listed as item

1881 in the Department’s Semiannual

Agenda of Regulations published on

November 14, 1994 (59 FR 57632,

57670) in accordance with Executive

Order 12866 and the Regulatory

Flexibility Act.

The Catalog of Federal Domestic

Assistance number is 14.850.

List of Subjects

24 CFR Part 950

Aged, Grant programs—housing and

community development, Grant

programs—Indians, Indians, Individuals

with disabilities, Low and moderate

income housing, Public housing,

Reporting and recordkeeping

requirements.

24 CFR Part 990

Grant programs—housing and

community development, Public

housing, Reporting and recordkeeping

requirements.

Accordingly, in title 24 of the Code of

Federal Regulations, parts 950 and 990

would be amended, as follows:

PART 950—INDIAN HOUSING

PROGRAMS

1. The authority citation for part 950

would continue to read as follows:

Authority: 25 U.S.C. 405e(b), 1437aa–

1437ee, and 3535(d).

2. Section 950.102 would be amended

by revising the definition of ‘‘Unit

months available’’, to read as follows:

§ 950.102 Definitions.

* * * * *

Unit months available. Units

multiplied by the number of months the

project units are available for occupancy

during a given IHA fiscal year. See also

§ 950.705(b).

* * * * *

3. The existing text in § 950.705

would be redesignated as paragraph (a),

and a new paragraph (b) would be

added, to read as follows:

§ 950.705 Determination of amount of

operating subsidy under PFS.

* * * * *
24598 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules

(b) For purposes of this part, a unit is

considered available for occupancy from

the date on which the End of Initial

Operating Period (EIOP) is established

for the project with which it is

associated until the time it is approved

by HUD for deprogramming and is

vacated or is approved for non-dwelling

use, except that, on or after July 1, 1991,

a unit shall not be considered available

for occupancy in any IHA Requested

Budget Year if the unit is located in a

vacant building in a project that HUD

has determined to be nonviable. In the

case of an IHA development involving

the acquisition of scattered site housing,

the IHA may submit, and HUD shall

review and can approve, a revised

Development Cost Budget reflecting the

number of units that were occupied

during the previous six months, and the

Unit Months Available used in the

calculation of operating subsidy

eligibility shall be revised to include the

number of months the new/acquired

units are actually occupied.

PART 990—ANNUAL CONTRIBUTIONS

FOR OPERATING SUBSIDY

4. The authority citation for part 990

would continue to read as follows:

Authority: 42 U.S.C. 1437g and 3535(d).

5. Section 990.102 would be amended

by revising the definition of ‘‘Unit

Months Available’’, to read as follows:

§ 990.102 Definitions.

* * * * *

Unit months available. Units

multiplied by the number of months the

project units are available for occupancy

during a given PHA fiscal year. See also

§ 990.104(b).

* * * * *

6. In § 990.104, paragraph (b) would

be revised, to read as follows:

§ 990.104 Determination of amount of

operating subsidy under PFS.

* * * * *

(b) For purposes of this part, a unit is

considered available for occupancy from

the date on which the End of Initial

Operating Period (EIOP) is established

for the project with which it is

associated until the time it is approved

by HUD for deprogramming and is

vacated or is approved for non-dwelling

use, except that, on or after July 1, 1991,

a unit shall not be considered available

for occupancy in any PHA Requested

Budget Year if the unit is located in a

vacant building in a project that HUD

has determined to be nonviable. In the

case of a PHA development involving

the acquisition of scattered site housing,

the PHA may submit, and HUD shall

review and can approve, a revised

Development Cost Budget reflecting the

number of units that were occupied

during the previous six months, and the

Unit Months Available used in the

calculation of operating subsidy

eligibility shall be revised to include the

number of months the new/acquired

units are actually occupied.

Dated: March 24, 1995.

Joseph Shuldiner,

Assistant Secretary for Public and Indian

Housing.

[FR Doc. 95–11372 Filed 5–8–95; 8:45 am]

BILLING CODE 4210–33–P

DEPARTMENT OF TRANSPORTATION

33 CFR Part 84

Coast Guard

[CGD 95–037]

Adequacy of Barge and Tug Navigation

Lights

AGENCY: Coast Guard, DOT.

ACTION: Request for comments.

SUMMARY: Concern has been expressed

that current lighting requirements are

not adequate for towing vessels and

vessels under tow. The Coast Guard also

receives frequent requests for

clarification of lighting requirements.

Therefore, it has asked the Navigation

Safety Advisory Council (NAVSAC) to

review this issue. It also solicits public

comments on the need for possible

changes to or clarification of lighting

requirements.

DATES: Written comments must be

received not later than September 6,

1995.

ADDRESSES: Written comments may be

mailed to the Executive Secretary,

Marine Safety Council (G–LRA), U.S.

Coast Guard, 2100 Second Street SW,

Washington, DC 20593–0001, or may be

delivered to room 3406 at the same

address between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. Comments will become part of

this docket and will be available for

inspection or copying at room 3406,

Coast Guard Headquarters, between 8

a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms.

Margie G. Hegy, Executive Director,

Navigation Safety Advisory Council,

phone (202) 267–0415. This telephone

is equipped to take messages on a 24-

hour basis.

SUPPLEMENTARY INFORMATION: The

Inland Navigation Rules (Navigation

Rules) are set forth in 33 U.S.C. 2001 et

seq. Lighting requirements for towing

vessels and vessels under tow are

contained in Rule 24, 33 U.S.C. 2024.

Under 33 U.S.C. 2071, the Secretary of

Transportation may issue regulations to

implement and interpret the Navigation

Rules. The Secretary is also directed to

establish technical annexes. The

technical annex for lighting

requirements is contained in 33 CFR

Part 84. This annex specifies placement

requirements for lights, including

placement of lights on towing vessels

and vessels under tow.

Safety concerns associated with

towing operations and small craft traffic

have been raised in recent years in

several publications, including the

American Boat and Yacht Council

Newsletter, U.S. Coast Guard boating

Safety Circulars, America’s Inland and

Coastal Tug and Barge Operators

pamphlet ‘‘Life Lines’’, and various

yachting magazines. The safety aspects

of barge lighting were discussed at the

May 1994 meeting of the National

Boating Safety Advisory Council

(NBSAC). At its November 1994

meeting, NAVSAC was also asked to

consider whether current tug and tow

lighting requirements are adequate.

After considerable discussion,

NAVSAC concluded that additional

information was needed to determine

whether there was an actual problem,

and, if so, possible solutions. the

Council unanimously passed a

resolution requesting that the Coast

Guard solicit public comments on

whether towing vessels and vessels

being towed are sufficiently lighted

while underway.

In addition to other information you

may wish to provide, NAVSAC is

particularly interested in receiving

comments regarding the lighting of

barges towed astern. There has been

concern that an approaching vessel

could misinterpret prescribed lighting

and not realize the presence of a towing

hawser. The length of the hawser can be

considerable, up to one-half mile in

some waters, and the positions of the

barge(s) are not always directly astern of

the towing vessel. Barges towed astern

are currently lighted with sidelights and

a stern light only, the same as a sailing

vessel, while barges pushed ahead or

towed alongside also carry a ‘‘special

yellow flashing’’ light forward.

One suggestion under consideration

by NAVSAC is extending the

requirement for a yellow flashing light

to barges towed astern. After an

approaching vessel identifies that a

barge is under tow it will be able to

determine the location of the towing

hawser.

Another suggestion is that a towing

vessel towing astern be required to show