25174 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

such action as OFHEO may deem

appropriate.

(d) A determination under this

subpart to comply or not to comply with

any demand shall not constitute an

assertion or waiver of privilege, lack of

relevance, technical deficiencies or any

other ground for noncompliance.

OFHEO reserves the right to oppose any

demand on any legal ground

independent of its determination under

this subpart.

§ 1710.40 Responses to demands served

on non-OFHEO employees or entities for

OFHEO documents.

(a) OFHEO reports of examinations, or

any documents related thereto, are the

property of OFHEO and are not to be

disclosed to any person without the

Director’s prior written consent.

(b) If any person who has possession

of an OFHEO report of examination, or

any documents related thereto, is served

with a demand in a legal proceeding

directing that person to produce such

OFHEO documents or to testify with

respect thereto, such person shall

immediately notify OFHEO’s General

Counsel of such service, of the

testimony and described documents in

the demand, and of all relevant facts.

Such person shall also object to the

production of such documents or

information contained therein on the

basis that the documents are the

property of OFHEO and cannot be

released without OFHEO’s consent and

that their production must be sought

from OFHEO following the procedures

set forth in § 1710.33, § 1710.34 (b) and

(c), and § 1710.37(b) of this part.

§ 1710.41 Orders and agreements

available to the public.

(a) General. OFHEO shall make the

following documents available to the

public:

(1) Any written agreement or other

written statement for which a violation

may be redressed by the Director or any

modification to or termination thereof,

unless the Director, in the Director’s

discretion, determines that public

disclosure would be contrary to the

public interest;

(2) Any order that is issued with

respect to any administrative

enforcement proceeding initiated by the

Director that has become final in

accordance with 12 U.S.C. 4633 and

4634; and

(3) Any modification to or termination

of any final order made public pursuant

to this section.

(4) Transcripts of any public

enforcement hearing on the record with

respect to any action of the Director or

notice of charges issued by the Director

shall be available to the public.

(b) Delay of public disclosure under

exceptional circumstances. If the

Director makes a determination in

writing that the public disclosure of any

final order pursuant to paragraph (a) of

this section would seriously threaten

the financial health or security of the

Enterprise, the Director may delay the

public disclosure of such order for a

reasonable time.

(c) Documents filed under seal in

public enforcement hearings. The

Director may file any document or part

thereof under seal in any hearing

commenced by the Director if the

Director determines in writing that

disclosure thereof would be contrary to

the public interest.

(d) Retention of documents. The

Director shall keep and maintain a

record, for not less than six years, of all

documents described in paragraph (a) of

this section and all enforcement

agreements and other supervisory

actions and supporting documents

issued with respect to or in connection

with any enforcement proceedings

initiated by the Director under 12 U.S.C.

4631–4641.

(e) Disclosure to Congress. This

section may not be construed to

authorize the withholding of any

information from, or to prohibit the

disclosure of any information to, the

Congress or any committee or

subcommittee thereof.

Subpart E—Rules and Procedures for

Service Upon the Office of Federal

Housing Enterprise Oversight

§ 1710.51 Service of process.

(a) Except as otherwise provided by

OFHEO regulations, the Federal Rules of

Civil Procedure, or order of a court with

jurisdiction over OFHEO, any legal

process upon OFHEO, including a legal

process served on OFHEO demanding

access to its records under the FOIA,

shall be duly issued and served upon

the General Counsel and any OFHEO

personnel named in the caption of the

documents.

(b) Service of process upon the

General Counsel to OFHEO may be

effected by personally delivering a copy

of the documents to the General Counsel

or by sending a copy of the documents

to the General Counsel by registered or

certified mail, postage prepaid, to the

Office of Federal Housing Enterprise

Oversight, 1700 G Street, NW., Fourth

Floor, Washington, DC 20552.

Dated: May 5, 1995.

Aida Alvarez,

Director, Office of Federal Housing Enterprise

Oversight.

[FR Doc. 95–11546 Filed 5–10–95; 8:45 am]

BILLING CODE 4220–01–P

12 CFR Chapter XVII

RIN 2550–AA02

Risk-Based Capital

AGENCY: Office of Federal Housing

Enterprise Oversight, HUD.

ACTION: Extension of Public Comment

Period for Advance Notice of Proposed

Rulemaking.

SUMMARY: On February 8, 1995 (60 FR

7468), the Office of Federal Housing

Enterprise Oversight (OFHEO)

published an advance notice of

proposed rulemaking (ANPR) entitled

‘‘Risk-Based Capital.’’ This ANPR is a

significant step in the process of

developing a regulation to establish riskbased capital standards for the Federal

National Mortgage Association and the

Federal Home Loan Mortgage

Corporation. To ensure that the public

has ample opportunity to participate in

the rulemaking process by commenting

on a variety of technical and policy

issues involved in the development of

the risk-based regulation and the riskbased capital stress test, today’s notice

extends the public comment period

from May 9, 1995 through June 8, 1995.

DATES: The comment period is extended

until June 8, 1995.

ADDRESSES: Send written comments to

Anne E. Dewey, General Counsel, Office

of General Counsel, Office of Federal

Housing Enterprise Oversight, 1700 G

Street, NW., Fourth Floor, Washington,

DC 20552.

FOR FURTHER INFORMATION CONTACT:

David J. Pearl, Director, Research,

Analysis and Capital Standards; or Gary

L. Norton, Deputy General Counsel,

Office of Federal Housing Enterprise

Oversight, 1700 G Street, NW., Fourth

Floor, Washington, DC 20552, telephone

(202) 414–3800 (not a toll-free number).

Dated: May 8, 1995.

Aida Alvarez,

Director, Office of Federal Housing Enterprise

Oversight.

[FR Doc. 95–11687 Filed 5–8–95; 3:13 pm]

BILLING CODE 4220–01–P
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25175

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 94–ASO–21]

Proposed Modification of Jet Routes;

Florida

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This proposed rule would

modify several existing jet routes in the

Miami, FL, area. This proposed action is

necessary because of the proposed

decommissioning of the Miami, FL,

Very High Frequency Omnidirectional

Range and Tactical Air Navigation

(VORTAC) and the commissioning of

the Dolphin, FL, VORTAC.

DATES: Comments must be received on

or before June 27, 1995.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager, Air

Traffic Division, ASO–500, Docket No.

94–ASO–21, Federal Aviation

Administration, P.O. Box 20636,

Atlanta, GA 30320.

The official docket may be examined

in the Rules Docket, Office of the Chief

Counsel, Room 916, 800 Independence

Avenue, SW., Washington, DC,

weekdays, except Federal holidays,

between 8:30 a.m. and 5:00 p.m.

An informal docket may also be

examined during normal business hours

at the office of the Regional Air Traffic

Division.

FOR FURTHER INFORMATION CONTACT:

Patricia P. Crawford, Airspace and

Obstruction Evaluation Branch (ATP–

240), Airspace-Rules and Aeronautical

Information Division, Air Traffic Rules

and Procedures Service, Federal

Aviation Administration, 800

Independence Avenue, SW.,

Washington, DC 20591; telephone: (202)

267–9255.

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. 94–

ASO–21.’’ 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 light

of comments received. All comments

submitted will be available for

examination in the Rules Docket 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, Office of

Public Affairs, Attention: Public Inquiry

Center, APA–220, 800 Independence

Avenue, SW., Washington, DC 20591, or

by calling (202) 267–3485.

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

modify various jet routes in the Miami,

FL, area. Amending the existing jet

routes is necessary because of the

commissioning of a new navigational

aid, Dolphin VORTAC, to replace the

Miami VORTAC. The Dolphin VORTAC

will serve the south Florida area once

the Miami VORTAC has been

decommissioned. Jet routes are

published in paragraph 2004 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 jet routes 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.

ICAO Considerations

As part of this proposal relates to

navigable airspace outside the United

States, this notice is submitted in

accordance with the International Civil

Aviation Organization (ICAO)

International Standards and

Recommended Practices.

Applicability of International

Standards and Recommended Practices

by the Air Traffic Rules and Procedures

Service, FAA, in areas outside domestic

airspace of the United States is governed

by Article 12 of, and Annex 11 to, the

Convention on International Civil

Aviation, which pertains to the

establishment of air navigational

facilities and services necessary to

promote the safe, orderly, and

expeditious flow of civil air traffic.

Their purpose is to ensure that civil

aircraft operations on international air

routes is carried out under uniform

conditions designed to improve the

safety and efficiency of air operations.

The International Standards and

Recommended Practices in Annex 11

apply in those parts of the airspace

under the jurisdiction of a contracting

state, derived from ICAO, wherein air

traffic services are provided and also

whenever a contracting state accepts the

responsibility of providing air traffic

services over high seas or in airspace of

undetermined sovereignty. A

contracting state accepting such

responsibility may apply the

International Standards and

Recommended Practices in a manner

consistent with that adopted for

airspace under its domestic jurisdiction.

In accordance with Article 3 of the

Convention on International Civil

Aviation, Chicago, 1944, state aircraft

are exempt from the provisions of

Annex 11 and its Standards and

Recommended Practices. As a

contracting state, the United States

agreed by Article 3(d) that its state

aircraft will be operated in international

airspace with due regard for the safety

of civil aircraft.
25176 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

Since this action involves, in part, the

designation of navigable airspace

outside the United States, the

Administrator is consulting with the

Secretary of State and the Secretary of

Defense in accordance with the

provisions of Executive Order 10854.

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 2004—Jet Routes

* * * * *

J–43 (Revised)

From Dolphin, FL; LaBelle, FL; St.

Petersburg, FL; Tallahassee, FL; Atlanta, GA;

Volunteer, TN; Falmouth, KY; Rosewood,

OH; Carleton, MI; to Sault Ste. Marie, MI.

* * * * *

J–53 (Revised)

From Dolphin, FL; INT Dolphin

354°T(358°M) and Pahokee, FL, 157° radials;

Pahokee; INT Pahokee 342° and Orlando, FL,

162° radials; Orlando; Craig, FL; INT Craig

347° and Colliers, SC, 174° radials; Colliers;

Spartanburg, SC; Pulaski, VA; INT of Pulaski

015° and Ellwood City, PA, 177° radials; to

Ellwood City.

* * * * *

J–55 (Revised)

From Dolphin, FL; INT Dolphin

331°T(335°M) and Gainesville, FL, 157°

radials; INT Gainesville 157° and Craig, FL,

192° radials; Craig; INT Craig 004° and

Savannah, GA, 197° radials; Savannah;

Charleston, SC; Florence, SC; INT Florence

003° and Raleigh-Durham, NC, 224° radials;

Raleigh-Durham; INT Raleigh-Durham 035°

and Hopewell, VA, 234° radials; Hopewell; to

INT Hopewell 030° and Nottingham, MD,

174° radials. From Sea Isle, NJ; INT Sea Isle

050° and Hampton, NY, 223° radials;

Hampton; Providence, RI; Boston, MA;

Kennebunk, ME; Presque Isle, ME; to Mont

Joli, PQ, Canada, excluding the portion

within Canada.

* * * * *

J–58 (Revised)

From Oakland, CA, via Manteca, CA;

Coaldale, NV; Wilson Creek, NV; Milford,

UT; Farmington, NM; Las Vegas, NM;

Amarillo, TX; Wichita Falls, TX; Dallas-Fort

Worth, TX; Alexandria, LA; Harvey, LA; INT

of Grand Isle, LA, 105° and Crestview, FL,

201° radials; INT of Grand Isle 105° and

Sarasota, FL, 286° radials; Sarasota; Lee

County, FL; to the INT Lee County

120°T(122°M) and Dolphin, FL,

293°T(297°M) radials; Dolphin.

* * * * *

J–73 (Revised)

From Dolphin, FL; LaBelle, FL; Lakeland,

FL; Tallahassee, FL; La Grange, GA;

Nashville, TN; Pocket City, IN; to

Northbrook, IL.

* * * * *

J–75 (Revised)

From Dolphin, FL; INT Dolphin

293°T(297°M) and Lee County, FL,

120°T(122°M) radials; Lee County; INT Lee

County 340° and Taylor, FL, 176° radials;

Taylor; INT Taylor 019° and Columbia, SC,

203° radials; Columbia; Greensboro, NC;

Gordonsville, VA; INT Gordonsville 040° and

Modena, PA, 231° radials; Modena; Solberg,

NJ; Carmel, NY; INT Carmel 045° and Boston,

MA, 252° radials; to Boston.

* * * * *

J–79 (Revised)

From Key West, FL; INT Key West

038°T(037°M) and Dolphin, FL,

244°T(248°M) radials; Dolphin; Palm Beach,

FL; Vero Beach, FL; Ormond Beach, FL; INT

Ormond Beach 356° and Savannah, GA, 184°

radials; INT Savannah 184° and Charleston,

SC, 212° radials; Charleston; Tar River, NC;

Franklin, VA; Salisbury, MD; INT Salisbury

018° and Kennedy, NY, 218° radials;

Kennedy; INT Kennedy 080° and Nantucket,

MA, 254° radials; INT Nantucket 254° and

Marconi, MA, 205° radials; Marconi; INT

Marconi 006° and Bangor, ME, 206° radials;

Bangor.

* * * * *

J–81 (Revised)

From Dolphin, FL; INT Dolphin

354°T(358°M) and Pahokee, FL, 157° radials;

Pahokee; INT Pahokee 342° and Orlando, FL,

162° radials; Orlando; Cecil; INT Cecil 007°

and Craig, FL, 347° radials; INT Craig 347°

and Colliers, SC, 174° radials; Colliers.

* * * * *

J–85 (Revised)

From Dolphin, FL; INT Dolphin

331°T(335°M) and Gainesville, FL, 157°

radials; Gainesville; Taylor, FL; Alma, GA;

Colliers, SC; Spartanburg, SC; Charleston,

WV; INT of the Charleston 357° and the

Dryer, OH, 172° radials; Dryer. The portion

within Canada is excluded.

J–86 (Revised)

From Boulder City, NV, via Peach Springs,

AZ; Winslow, AZ; El Paso, TX; Fort Stockton,

TX; Junction, TX; Austin, TX; Humble, TX;

Leeville, LA; INT of Leeville 104° and

Sarasota, FL, 286° radials; Sarasota; INT of

Sarasota 103° and La Belle, FL, 313° radials;

La Belle; Dolphin, FL.

* * * * *

Issued in Washington, DC, on May 4, 1995.

Harold W. Becker,

Manager, Airspace-Rules and Aeronautical

Information Division.

[FR Doc. 95–11673 Filed 5–10–95; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 101

Customs Service Field OrganizationSan Jose, California

AGENCY: Customs Service, Department

of the Treasury.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document proposes to

amend the Customs Regulations

pertaining to the field organization of

the Customs Service by designating San

Jose as a port of entry in the Customs

District of San Francisco, California, of

the Pacific Region. The change is being

proposed as part of Customs continuing

program to obtain more efficient use of

its personnel, facilities, and resources,

and to provide better service to carriers,

importers and the general public.

DATES: Comments must be received on

or before July 10, 1995.

ADDRESSES: Written comments

(preferably in triplicate) may be

submitted to the Regulations Branch,

Office of Regulations and Rulings, U.S.

Customs Service, 1301 Constitution

Avenue NW., Washington, DC 20229.

Comments submitted may be inspected

at the Regulations Branch, Office of

Regulations and Rulings, 1099 14th

Street NW., Suite 4000, Washington,

DC, on regular business days between

the hours of 9 a.m. and 4:30 p.m.

FOR FURTHER INFORMATION CONTACT:

Brad Lund, Office of Inspection and

Control (202–927–0192).

SUPPLEMENTARY INFORMATION:

Background

As part of a continuing program to

obtain more efficient use of its

personnel, facilities, and resources, and

to provide better service to carriers,

importers, and the general public,

Customs is proposing to amend §§ 101.3

and 101.4, Customs Regulations (19 CFR

101.3 and 101.4) by designating a four

county area surrounding San Jose,

California, as a port of entry for Customs