Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations 22495

to an aging management review or

evaluation of time-limited aging

analyses in accordance with § 54.21.

This FSAR update must describe how

the effects of aging will be managed

such that the intended function(s) in

§ 54.4(b) will be effectively maintained

during the period of extended operation.

§ 54.41 Violations.

(a) The Commission may obtain an

injunction or other court order to

prevent a violation of the provisions of

the following acts—

(1) The Atomic Energy Act of 1954, as

amended.

(2) Title II of the Energy

Reorganization Act of 1974, as amended

or

(3) A regulation or order issued

pursuant to those acts.

(b) The Commission may obtain a

court order for the payment of a civil

penalty imposed under Section 234 of

the Atomic Energy Act—

(1) For violations of the following—

(i) Sections 53, 57, 62, 63, 81, 82, 101,

103, 104, 107, or 109 of the Atomic

Energy Act of 1954, as amended;

(ii) Section 206 of the Energy

Reorganization Act;

(iii) Any rule, regulation, or order

issued pursuant to the sections specified

in paragraph (b)(1)(i) of this section;

(iv) Any term, condition, or limitation

of any license issued under the sections

specified in paragraph (b)(1)(i) of this

section.

(2) For any violation for which a

license may be revoked under Section

186 of the Atomic Energy Act of 1954,

as amended.

§ 54.43 Criminal penalties.

(a) Section 223 of the Atomic Energy

Act of 1954, as amended, provides for

criminal sanctions for willful violations

of, attempted violation of, or conspiracy

to violate, any regulation issued under

sections 161b, 161i, or 161o of the Act.

For purposes of section 223, all the

regulations in Part 54 are issued under

one or more of sections 161b, 161i, or

161o, except for the sections listed in

paragraph (b) of this section.

(b) The regulations in Part 54 that are

not issued under Sections 161b, 161i, or

161o for the purposes of Section 223 are

as follows: §§ 54.1, 54.3, 54.4, 54.5, 54.7,

54.9, 54.11, 54.15, 54.17, 54.19, 54.21,

54.22, 54.23, 54.25, 54.27, 54.29, 54.31,

54.41, and 54.43.

Dated at Rockville, Maryland, this 1st day

of May, 1995.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 95–11136 Filed 5–5–95; 8:45 am]

BILLING CODE 7590–01–P

SMALL BUSINESS ADMINISTRATION

13 CFR Part 123

Disaster—Waiver of Judgment Lien

Restriction

AGENCY: Small Business Administration.

ACTION: Final rule.

SUMMARY: This final rule applies only to

disaster loan assistance. It will enable

SBA to waive, for good cause shown,

the restriction in the Federal Debt

Collection Procedures Act of 1990

prohibiting debtors on whose property

the United States has an outstanding

judgment lien from receiving disaster

loan assistance from the Federal

Government.

EFFECTIVE DATE: This regulation is

effective on May 8, 1995.

FOR FURTHER INFORMATION CONTACT:

Bernard Kulik at 202/205–6734,

Associate Administrator for Disaster

Assistance, U.S. Small Business

Administration, 409 Third Street SW.,

Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The

Federal Debt Collection Procedures Act

of 1990 (28 U.S.C. 3201(e)) provides that

a debtor who owns property which is

subject to a judgment lien for a debt

owed to the United States shall not be

eligible to receive any grant or loan

which is made, insured, guaranteed or

financed directly or indirectly by the

United States. It also provides that such

debtor shall not be eligible to receive

funds directly from the Federal

Government in any program, except

funds to which the debtor is entitled as

beneficiary, until the judgment is paid

in full or otherwise satisfied. However,

the statute permits any agency

responsible for such grants or loans to

promulgate regulations to allow for

waivers of this restriction. As an agency

authorized to provide several forms of

assistance proscribed by this restriction,

including disaster loan assistance and

other types of direct and guaranteed

loans, SBA also has the waiver authority

conferred by the statute.

SBA recognizes that disaster losses

may strain the financial resources of

responsible debtors to such extent as to

prevent them from meeting their

financial obligations to the United

States. Such losses also may prevent

debtors who have been complying with

agreements to satisfy one or more

judgments in favor of the United States

from continuing to comply with the

terms of those agreements. Therefore, by

publication in the Federal Register on

June 29, 1994, 59 FR 33456, SBA

proposed to issue a regulation

permitting it to waive the restriction on

eligibility for physical and economic

injury disaster assistance provided

under section (7)(b) (1) and (2) of the

Small Business Act, 15 U.S.C. 636(b) (1)

and (2), where there exists good cause

to do so.

The proposed regulation applied to

applicants for disaster assistance who

have outstanding judgment liens in

favor of SBA or in favor of other

agencies. It identified two nonexclusive

instances in which good cause will

ordinarily be found to exist, both of

them involving adverse circumstances

occasioned by the disaster for which the

assistance is sought.

Waivers would be granted denying

the eligibility review of an application

for either physical or economic injury

disaster assistance, but only upon a

demonstration of good cause by the

applicant. Examples of good cause

include, but are not limited to: (1)

Delinquencies leading to a judgment

lien, which are caused by a disaster,

whether the original debt was incurred

prior to or after the disaster, and (2)

defaults in any agreement to satisfy a

judgment lien, which are caused by a

disaster, whether the agreement has

been made with SBA, another creditor

agency, or any other Federal entity

holding the lien, such as the Resolution

Trust Corporation or the Federal Deposit

Insurance Corporation. In the case of

agreements with other agencies, SBA

will not waive the restriction on

eligibility until the appropriate Federal

entity has certified that the debtor had

made adhering satisfactorily to the

terms of the agreement prior to the

commencement date of the disaster.

The proposed regulation contemplates

that SBA’s Associate Administrator for

Disaster Assistance, or his/her designee,

will make the determination as to

whether good cause for waiving the

restriction has been demonstrated by the

applicant. Although such

determinations are subject to the

provisions of § 123.12 governing

requests for reconsideration, no appeal

from an adverse determination is

contemplated.

SBA received no comments from the

public in response to the June 29, 1994,

Notice of Proposed Rulemaking.

Therefore, by this publication, SBA is

finalizing the rule as proposed.

Compliance With Executive Orders

12866, 12612 and 12778; the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq.; and

The Paperwork Reduction Act, 44

U.S.C. CH 35

SBA submitted this final rule to the

Office of Management and Budget for

purposes of Executive Order 12866.
22496 Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations

For purposes of Executive Order

12612, SBA certifies that this final rule

would not have Federalism implications

warranting the preparation of a

Federalism assessment.

For purposes of Executive Order

12778, SBA certifies that the final rule

is drafted, to the extent practicable, in

accordance with the standards set forth

in section 2 of that Order.

For purposes of the Regulatory

Flexibility Act, SBA certifies that this

final rule will not have a significant

economic effect on a substantial number

of small entities because, even though it

would render previously ineligible

applicants eligible for disaster loan

assistance, SBA does not expect the

number of affected applicants to be

significant.

For purposes of the Paperwork

Reduction Act, SBA certifies that this

final rule will not impose a new

recordkeeping or reporting requirement.

List of Subjects in 13 CFR Part 123

Disaster, Physical disaster and

economic injury loans.

Pursuant to the authority conferred in

section 5(b)(6) of the Small Business Act

(15 U.S.C. 634(b)(6)), SBA amends Part

123, Chapter I, Title 13, Code of Federal

Regulations, as follows:

PART 123—DISASTER—PHYSICAL

DISASTER AND ECONOMIC INJURY

LOANS

1. The authority citation for part 123

is revised to read as follows:

Authority: 15 U.S.C. 634(b)(6), 636(b), (c),

(f).

2. Section 123.2 is amended by

adding the following text at the end to

read as follows:

§ 123.2 Introduction.

* * * Under the Federal Debt

Collection Procedures Act of 1990 (28

U.S.C. 3201(e)), a debtor who owns

property which is subject to an

outstanding judgment lien for a debt

owed to the United States is not eligible

to receive certain assistance from the

Federal Government, including physical

and economic injury disaster loans

covered by this part. This restriction

against receiving disaster loans may be

waived by SBA’s Associate

Administrator for Disaster Assistance or

his/her designee (deciding official) upon

a demonstration of good cause by the

applicant for assistance. Good cause

may be demonstrated by a credible

representation under oath, which

convinces the deciding official that it is

more likely than not that the disaster for

which such assistance is requested

caused the delinquency upon which the

judgment is based, whether the debt was

incurred before or after the

commencement date for such disaster;

or such disaster prevented the debtor

from adhering to the terms of an

agreement to satisfy the judgment lien,

made with SBA or another agency in

whose favor the judgment was entered

or with any other Federal Government

entity as may be appropriate, provided

that such agency or entity certifies that,

prior to the commencement date for the

disaster, the debtor had been adhering

satisfactorily to the terms of its

agreement; or such other circumstances

exist as may demonstrate good cause

sufficient to waive the statutory

prohibition. Subject to the provisions of

§ 123.12 concerning requests for

reconsideration, a determination of the

Associate Administrator for Disaster

Assistance or his/her designee under

this section is a final, nonappealable

decision of the SBA.

Dated: March 14, 1995.

Philip Lader,

Administrator.

[FR Doc. 95–11155 Filed 5–5–95; 8:45 am]

BILLING CODE 8025–01–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–CE–06–AD; Amendment 39–

9217; AD 95–09–13]

Airworthiness Directives; Cessna

Aircraft Company Models T303, 402C,

404, 414A, and 421C Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

AD 93–05–03, which currently requires

repetitively inspecting each fuel inlet

float valve in accordance with certain

test procedures on Cessna Aircraft

Company (Cessna) Models T303, 402C,

404, 414A, and 421C airplanes, and

replacing any valve that does not pass

this test. The manufacturer has

developed fuel inlet float valves of

improved design, and the Federal

Aviation Administration (FAA) has

determined that the improved valves

should be installed to reduce the

number of repetitive tests currently

required by AD 93–05–03. This action

requires installing these fuel inlet float

valves of improved design. The actions

specified by this AD are intended to

prevent possible loss of engine power

caused by failure of a fuel inlet float

valve.

DATES: Effective June 14, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 14,

1995.

ADDRESSES: Service information that

applies to this AD may be obtained from

the Cessna Aircraft Company, Customer

Services, P.O. Box 1521, Wichita,

Kansas 67201. This information may

also be examined at the FAA, Central

Region, Office of the Assistant Chief

Counsel, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106; or at the

Office of the Federal Register, 800 North

Capitol Street NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Charles D. Riddle, Aerospace Engineer,

FAA, Wichita Aircraft Certification

Office, 1801 Airport Road, Room 100,

Wichita, Kansas 67209; telephone (316)

946–4144; facsimile (316) 946–4407.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an AD that would apply to

certain Cessna Models T303, 401C, 404,

414A, and 421C airplanes was

published in the Federal Register on

September 19, 1994 (59 FR 47818). The

action proposed to require replacing the

fuel inlet float valves with parts of

improved design or modifying the

existing part and periodically

accomplishing functional tests to assure

proper operation. Accomplishment of

the proposed actions would be in

accordance with the

ACCOMPLISHMENT INSTRUCTIONS

supplement to Cessna Service Bulletin

(SB) MEB93–10, dated December 3,

1993.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposed rule or the FAA’s

determination of the cost to the public.

Since issuance of the proposal, the

manufacturer has revised Cessna SB

MEB93–10 to incorporate editorial

corrections and add serial number 689

to the Cessna Model 402C airplane

applicability list. Cessna has informed

the FAA that improved design fuel

valves have been incorporated on this

airplane at Cessna’s maintenance

facilities.

After careful review of all available

information, the FAA has determined

that air safety and the public interest

require the adoption of the rule as

proposed except for minor editorial

corrections and the incorporation of the

service bulletin revision. The FAA has

determined that the minor editorial