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

21699

Vol. 60, No. 85

Wednesday, May 3, 1995

NATIONAL CREDIT UNION

ADMINISTRATION

12 CFR Part 707

Truth in Savings; Correcting

Amendments

AGENCY: National Credit Union

Administration (NCUA).

ACTION: Final rule; correcting

amendments.

SUMMARY: The NCUA is amending

Appendix C, its commentary to the

Truth in Savings regulation. This

appendix contains the NCUA Official

Staff Interpretation for the Truth in

Savings Act and regulation for credit

unions. This document contains

clarifications, technical amendments

and revisions to Appendix C.

DATES: These correcting amendments

are effective as of January 1, 1995.

Compliance with Appendix C is

optional until May 22, 1995, except for

those credit unions that have assets of

$2 million or less that are not

automated, which have a later

compliance date of January 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Martin S. Conrey, Staff Attorney, Office

of General Counsel, NCUA, 1775 Duke

Street, Alexandria, VA 22315–3428, or

telephone (703) 518–6540.

SUPPLEMENTARY INFORMATION:

Background

NCUA’s final Official Staff

Interpretation, also known as the

Commentary, was published November

21, 1994 (59 FR 59887), and is the

subject of these revisions. The

Commentary acts as the official staff

interpretation of part 707 (12 CFR part

707), NCUA’s rule implementing the

Truth in Savings Act. (12 U.S.C. 4301 et

seq.). The Commentary is designed to

provide guidance to credit unions in

applying the regulation to specific

transactions and is a substitute for, and

a supplement to, individual staff

interpretations.

Need for Correction

As published, Appendix C to the final

rule contained several drafting and

technical errors that are confusing or

erroneous, and need to be clarified and

corrected.

List of Subjects in 12 CFR Part 707

Advertising, Credit unions, Consumer

protection, Interest, Interest rates, Truth

in savings.

For the reasons set forth above the

following correcting amendments are

made to 12 CFR part 707 as indicated

below:

PART 707—TRUTH IN SAVINGS

1. The authority citation for part 707

continues to read as follows:

Authority: 12 U.S.C. 4311.

Appendix C to Part 707—[Corrected]

2. Appendix C to part 707 is amended

as follows:

a. Under § 707.2(a)5, entitled ‘‘Use of

synonyms’’, the third sentence is

amended by adding to the end of the

sentence the phrase ‘‘and, for account

disclosures, is used in conjunction with

the correct legal term’’.

b. Under § 707.2(j)1, a new paragraph

(vi) is added to read as set forth below.

c. Section 707.2(v) entitled ‘‘TieredRate Account’’ is redesignated as

§ 707.2(y).

d. Under newly designated § 707.2(y)

entitled ‘‘Tiered-Rate Account’’, the

final parenthetical in paragraph 1. is

revised as set forth below.

e. Under § 707.3(a)1, in the first

sentence, the first word, ‘‘Alal,’’ is

revised to read ‘‘All’’.

f. Under § 707.3(e)1, in the fourth

sentence, the phrase ‘‘the in’’ is revised

to read ‘‘in the’’.

g. Under § 707.4(b)(4) entitled ‘‘Fees’’,

the second paragraph 2 and paragraphs

3 and 4 are redesignated as paragraph 3

and paragraphs 4 and 5, respectively.

h. Under § 707.4(b)(4)2(ii), the phrase

‘‘for photocopying forms’’ is revised to

read ‘‘for photocopying’’.

i. Under § 707.4(b)(5) entitled

‘‘Transaction Limitations’’, the first

sentence under paragraph 1.

introductory text entitled ‘‘General

rule.’’ is amended by adding the word

‘‘of’’ between the words ‘‘Examples’’

and ‘‘limitations’’.

j. Under § 707.5(b)5. entitled

‘‘Renewal of a term share account’’,

paragraph (i) is amended by adding at

the end of the first sentence the word

‘‘apply’’.

k. Under § 707.5(b)5. entitled

‘‘Renewal of a term share account’’,

paragraph (ii) is amended by adding at

the end of the first sentence the word

‘‘apply’’.

l. Under § 707.6(b)(2), paragraph 1.

entitled ‘‘Definition of earned’’, the final

parenthetical is revised as set forth

below.

m. Under § 707.7(c)3, the heading

‘‘Withdrawal or principal.’’ is revised to

read ‘‘Withdrawal of principal.’’.

n. Under § 707.8(b)3 entitled

‘‘Representative examples.’’ paragraph

(ii) is revised as set forth below.

The additions and revisions read as

follows:

Appendix C to Part 707—Official Staff

Interpretations

* * * * *

§ 707.2 Definitions.

* * * * *

(j) Dividend Declaration Date.

1. * * *

vi. ‘‘As of the last dividend

declaration date’’ (the last dividend

period upon which a dividend has been

paid).

* * * * *

(y) Tiered-Rate Account

1. * * * (See Appendix A, part I, D.)

* * * * *

§ 707.6 Periodic Statement Disclosures.

* * * * *

(b) Statement Disclosures

* * * * *

(b)(2) Amount of Dividends or Interest

1. Definition of earned. * * * (See

707.6(b)(1)1. and 707.7(c)2. of this

Appendix.)

* * * * *

§ 707.8 Advertising.

* * * * *

(b) Permissible Rates

* * * * *

3. Representative examples. * * *

ii. Indicate that various rates are

available, such as by stating short-term

and longer-term maturities along with

the applicable annual percentage yields:
21700 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

‘‘We offer share certificates with annual

percentage yields that depend on the

maturity you choose. For example, our

one-month share certificate earns a

2.75% APY. Or, earn a 5.25% APY for

a three-year share certificate.’’

* * * * *

By the National Credit Union

Administration Board on April 27, 1995.

Becky Baker,

Secretary of the Board.

[FR Doc. 95–10851 Filed 5–2–95; 8:45 am]

BILLING CODE 7530–01–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95–ACE–6]

Proposed Removal of Class E

Airspace; St. Louis, MO

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This document removes Class

E airspace at St. Louis, MO. Weiss

Airport at St. Louis, MO, has been

abandoned making this necessary.

EFFECTIVE DATE: May 3, 1995.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, ACE–530c, Air Traffic

Operations Branch, Federal Aviation

Administration, Docket No. 95–ACE–6,

601 East 12th Street, Kansas City, MO

64106; telephone number: (816) 426–

3408.

SUPPLEMENTARY INFORMATION:

History

The only SIAP for the airport was

cancelled on July 21, 1994, after the

airport was abandoned.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) amends the Class E airspace

area at St. Louis-Weiss Airport, MO, by

removing the controlled airspace.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. Therefore, this regulation—(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 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).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 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 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 from 700 feet or more above

the surface of the earth.

* * * * *

ACE MO E5 St. Louis, MO [Removed]

Weiss Airport

(Lat. 38°32′13.5′′ N, long. 90°26′48.6′′ W)

* * * * *

Herman J. Lyons, Jr.,

Acting Manager, Air Traffic Division, Central

Region.

[FR Doc. 95–10772 Filed 5–2–95; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 172

[Docket No. 93F–0286]

Food Additives Permitted for Direct

Addition to Food for Human

Consumption; Acesulfame Potassium

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

food additive regulations to provide for

the safe use of acesulfame potassium as

a nonnutritive sweetener in alcoholic

beverages. This action is in response to

a petition filed by Hoechst Celanese

Corp.

DATES: Effective May 3, 1995; written

objections and requests for a hearing by

June 2, 1995.

ADDRESSES: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

rm. 1–23, 12420 Parklawn Dr.,

Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT:

Patricia A. Hansen, Center for Food

Safety and Applied Nutrition (HFS–

206), Food and Drug Administration,

200 C St. SW., Washington, DC 20204,

202–418–3098.

SUPPLEMENTARY INFORMATION: In a notice

published in the Federal Register of

September 10, 1993 (58 FR 47746), FDA

announced that a food additive petition

(FAP 3A4391) had been filed by

Hoechst Celanese Corp., Rt. 202–206

North, Somerville, NJ 08876, proposing

that § 172.800 Acesulfame potassium

(21 CFR 172.800) be amended to

provide for the safe use of acesulfame

potassium as a nonnutritive sweetener

in alcoholic beverages.

I. Determination of Safety

Under Section 409(c)(3)(A) of the

Federal Food, Drug, and Cosmetic Act

(the act)(21 U.S.C. 348(c)(3)(A)), the socalled ‘‘general safety clause,’’ a food

additive cannot be listed for a particular

use unless a fair evaluation of the

evidence establishes that the additive is

safe for that use. The concept of safety

embodied in the Food Additives

Amendment of 1958 is explained in the

legislative history of the provision:

‘‘Safety requires proof of a reasonable

certainty that no harm will result from

the proposed use of the additive. It does

not—and cannot—require proof beyond

any possible doubt that no harm will

result under any conceivable

circumstance’’ (H. Rept. 2284, 85th

Cong., 2d sess. 4 (1958)). This concept

of safety has been incorporated into

FDA’s food additive regulations (21 CFR

170.3(i)).

The food additives anticancer, or

Delaney, clause (section 409(c)(3)(A) of

the act) further provides that no food

additive shall be deemed safe if it is

found to induce cancer when ingested

by man or animal. Importantly,

however, the Delaney clause applies to

the additive itself and not to

constituents of the additive. That is,

where an additive has not been shown

to cause cancer, even though it contains

a carcinogenic impurity, the additive is

not subject to the legal effect of the

Delaney clause. Rather, the additive is