Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / Rules and Regulations 3735

terminates automatically 4 years after

the date of the loan note; a loan with a

4-year loan period terminates

automatically 5 years after the date of

the loan note. The Administrator may

extend the fund advance period on any

loan if the borrower meets the

requirements of paragraph (c) of this

section. As defined in 7 CFR 1710.2, the

loan period begins on the date shown on

page 1 of RUS Form 740c submitted

with the loan application.

(b) For loans approved on or after

June 1, 1984, and before February 21,

1995, the fund advance period begins on

the date of the loan contract, or the most

recent amendment thereto, and

terminates automatically 4 years from

the date of the loan contract, or the most

recent amendment thereto, except as

provided in paragraph (c) of this

section.

(c) The Administrator may agree to an

extension of the fund advance period for

loans approved on or after June 1, 1984,

if the borrower demonstrates to the

satisfaction of the Administrator that the

loan funds continue to be needed for

approved loan purposes (i.e., facilities

included in an RUS-approved

construction work plan).

(1) To apply for an extension, the

borrower must send to RUS, at least 120

days before the automatic termination

date, the following:

(i) A certified copy of a board

resolution requesting an extension of

the Government’s obligation to advance

loan funds;

(ii) Evidence that the unadvanced

loan funds continue to be needed for

approved loan purposes; and

(iii) Notice of the estimated date for

completion of construction.

(2) In the case of financial hardship,

as determined by the Administrator,

RUS may agree to an extension of the

fund advance period even though the

borrower has failed to meet the 120-day

requirement of paragraph (c)(1) of this

section.

(3) If the Administrator approves a

request for an extension, RUS will

notify the borrower in writing of the

extension and the terms and conditions

thereof. An extension will be effective

only if it is obtained in writing prior to

the automatic termination date.

(d) Advances of funds from loans

approved before June 1, 1984, are

generally made during the first 6 years

of the note.

(e) RUS will rescind the balance of

any loan funds not advanced to a

borrower as of the final date approved

for advancing funds.

§ 1714.57 Sequence of advances.

(a) Except as set forth in paragraph (b)

of this section, concurrent loan funds

will be advanced in the following order:

(1) 50 percent of the RUS insured loan

funds;

(2) 100 percent of the supplemental

loan funds;

(3) The remaining amount of the RUS

insured loan funds.

(b) At the borrower’s request and with

RUS approval, all or part of the

supplemental loan funds may be

advanced before funds in paragraph

(a)(1) of this section.

§ 1714.58 Amortization of principal.

(a) For insured loans approved on or

after February 21, 1995:

(1) Amortization of funds advanced

during the first 2 years after the date of

the note shall begin no later than 2 years

from the date of the note. Except as set

forth in paragraph (a)(2) of this section,

amortization of funds advanced 2 years

or more after the date of the note shall

begin with the scheduled loan payment

billed in the month following the month

of the advance.

(2) For advances made 2 years or more

after the date of the note, the

Administrator may authorize deferral of

amortization of principal for a period of

up to 2 years from the date of the

advance if the Administrator determines

that failure to authorize such deferral

would adversely affect either the

Government’s financial interest or the

achievement of the purposes of the RE

Act.

(b) For insured loans approved before

February 21, 1995, amortization of

principal shall begin 2 years after the

date of the note for advances made

during the first and second years of the

loan, and 4 years after the date of the

note for advances made during the third

and fourth years.

§ 1714.59 Rescission of loans.

(a) A borrower may request rescission

of a loan with respect to any funds

unadvanced by submitting a certified

copy of a resolution by the borrower’s

board of directors.

(b) RUS may rescind loans pursuant

to 1714.56.

(c) Borrowers who prepay RUS loans

at a discounted present value pursuant

to 7 CFR part 1786, subpart F, are

required to rescind the unadvanced

balance of all outstanding electric notes

pursuant to 7 CFR 1786.158(j).

PART 1717—POST-LOAN POLICIES

AND PROCEDURES COMMON TO

INSURED AND GUARANTEED

ELECTRIC LOANS

16. The authority citation for part

1717 continues to read as follows:

Authority: 7 U.S.C. 901–950b; Pub. L. 103–

354, 108 Stat. 3178 (7 U.S.C. 6941 et seq),

unless otherwise noted.

§§ 1717.856 and 1717.860 [Amended]

17. Part 1717 is amended by removing

and reserving §§ 1717.856(d) and

1717.860(e).

PART 1719—[REMOVED]

18. Part 1719 is removed.

PART 1785—LOAN ACCOUNT

COMPUTATIONS, PROCEDURES AND

POLICIES FOR ELECTRIC AND

TELEPHONE BORROWERS

19. The authority citation for part

1785 continues to read as follows:

Authority: 7 U.S.C. 901 et seq.; Title 1,

Subtitle D, sec. 1403, Omnibus Budget

Reconciliation Act of 1987, Pub. L. 100–203,

101 Stat. 1330; Pub. L. 103–354, 108 Stat.

3178 (7 U.S.C. 6941 et seq).

Subpart A [Removed and Reserved]

20. Subpart A of part 1785 is removed

and reserved.

Dated: January 9, 1995.

Bob J. Nash,

Under Secretary, Rural Economic and

Community Development.

[FR Doc. 95–1051 Filed 1–18–95; 8:45 am]

BILLING CODE 3410–15–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 32

RIN 3150–AF26

Requirement to Report Transfers of

Devices to Generally Licensed Persons

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

regulations governing the reporting of

transfers of devices to generally licensed

persons. The amendments relieve initial

distributors of the devices from their

requirement to provide copies of the

transfer reports to each appropriate NRC

Regional Office. Because the reports are

already sent to NRC Headquarters, it is

not necessary for each Regional office to

receive copies. These amendments

would reduce the administrative burden

on the initial distributors.
3736 Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / Rules and Regulations

EFFECTIVE DATE: December 31, 1994.

FOR FURTHER INFORMATION CONTACT:

John W. Lubinski, Office of Nuclear

Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555, telephone (301)

415–7868.

SUPPLEMENTARY INFORMATION:

Background

Each person licensed to initially

transfer devices to persons generally

licensed under 10 CFR 31.5 or 31.7 is

required, in part, to send a report of all

transfers of devices to generally licensed

persons to the Director, Office of

Nuclear Material Safety and Safeguards

(NMSS), with a copy of the report to

each appropriate Regional Office. The

reports are required to either be

submitted on a quarterly basis in

accordance with 10 CFR 32.52 or on

annual basis in accordance with 10 CFR

32.56. The general licensees are not

required to report receipt of the devices.

Therefore, the reports from the

distributors are the only notification to

NRC concerning who is using byproduct

material under the general license. The

information is required to be submitted

so that NRC is aware of the identity of

all persons using byproduct material

under a general license.

Discussion

NMSS is maintaining a computerized

database at NRC Headquarters which

contains the information provided in

the transfer reports submitted in

accordance with 10 CFR 32.52 and

32.56. The database allows the NRC staff

to query specific information about the

general licensees and the devices they

possess and to print standard and

custom reports. Information from the

database allows the NRC staff to locate

information without sifting through

each report submitted by the

distributors. The information in the

database is available to all NRC

personnel who request it from the

database administrator.

Specific information from the reports

required by 10 CFR 32.52 or 32.56 is

more useful to NRC Regional staff

because it is generated from the

computerized database. Therefore, it is

not necessary for vendors to provide

copies of the reports to the Regional

Offices. It is only necessary for the

initial distributor to continue to provide

the reports to NRC Headquarters

through the Director, NMSS.

Changes in the Regulations

Paragraph (a), under 10 CFR 32.52

‘‘Same: Material transfer reports and

records,’’ and 10 CFR 32.56 ‘‘Same:

Material transfer reports,’’ require, in

part, that the initial distributors of

generally licensed devices provide

copies of the reports of transfer to

general licensees to each appropriate

NRC Regional Office. This regulation is

being amended to remove this

requirement. The distributors will only

be required to submit copies to the

Director, NMSS.

These amendments are exempt from

the notice and comment requirements of

section 553 of the Administrative

Procedure Act (APA). The general

rulemaking provision of the APA,

§ 553(b)(A), permits an agency to issue

procedural rules without prior notice

since such rules do not alter any

person’s substantive rights. These

amendments fall within the exemption

provided by the APA because they

address the administrative procedures

used by the NRC to process reports

received pursuant to 10 CFR 32.52 and

32.56 and will not affect the public

health and safety.

Waiver of Administrative Procedure

Act Requirements

Because these amendments deal with

agency practice and procedure, the

notice and comment provisions of the

APA do not apply pursuant to 5 U.S.C.

553(b)(A). Good cause exists to dispense

with the usual 30-day delay in the

effective date because the amendments

address the administrative procedures

used by the NRC to process reports

received from licensees. The change

provides for a decrease in the number of

reports the distributors must submit and

will not affect public health and safety.

Compatibility of Agreement State

Regulations

10 CFR 32.52 and 32.56 are currently

designated Division II matters of

compatibility for Agreement State

regulations. The revisions addressed in

this rule deal solely with a reduction in

the administrative burden on those

licensees (initial distributors) required

to send reports to the NRC for the

transfer of devices for use by persons

generally licensed under 10 CFR 31.5 or

31.7. The rule does not affect the current

compatibility designations and

therefore, 10 CFR 32.52 and 32.56

continue to be designated as Division II

matters of compatibility.

Environmental Impact: Categorical

Exclusion

The NRC has determined that this

final rule is the type of action described

in categorical exclusion 10 CFR

51.22(c)(3)(iii). Therefore, neither an

environmental impact statement nor an

environmental assessment has been

prepared for this final rule.

Paperwork Reduction Act Statement

This final rule amends the

information collection requirements that

are subject to the Paperwork Reduction

Act of 1980 (44 U.S.C. 3501 et seq.).

These requirements were approved by

the Office of Management and Budget,

approval number 3150–0001.

The public reporting burden will be

reduced as a result of this rule change.

It is estimated that the average annual

reduction in burden to each licensee

distributing devices in accordance with

10 CFR 32.52 will be 1.2 hours per year.

This represents a reduction in the time

needed to copy and mail reports. The

average annual reduction in burden to

each licensee distributing devices in

accordance with 10 CFR 32.56 will be

negligible. Send comments regarding

this burden estimate or any other aspect

of this collection of information,

including suggestions for further

reducing this burden, to the Information

and Records Management Branch

(T6F33), U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, and to the Desk Officer, Office of

Information and Regulatory Affairs,

NEOB–10202, (3150–0001), Office of

Management and Budget, Washington,

DC 20503.

Regulatory Analysis

The NRC has not prepared a

regulatory analysis for this final

regulation since the change is only

administrative in nature and represents

a reduction in burden to all affected

licensees.

Backfit Analysis

The NRC has determined that the

backfit rule, 10 CFR 50.109, does not

apply to this final rule and, therefore, a

bckfit analysis is not required because

these amendments do not involve any

provisions that would impose backfits

as defined in 10 CFR 50.109(a)(1).

List of Subjects in 10 CFR Part 32

Byproduct material, Criminal

penalties, Labeling, Nuclear materials,

Radiation protection, Reporting and

recordkeeping requirements.

For the reasons set out in the

preamble and under the authority of the

atomic Energy Act of 1954, as amended;

the Energy Reorganization Act of 1974,

as amended; and 5 U.S.C. 552 and 553;

the NRC is adopting the following

amendments to 10 CFR Part 32.
Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / Rules and Regulations 3737

PART 32—SPECIFIC DOMESTIC

LICENSES TO MANUFACTURE OR

TRANSFER CERTAIN ITEMS

CONTAINING BYPRODUCT MATERIAL

1. The authority citation for 10 CFR

Part 32 continues to read as follows:

Authority: Secs. 81, 161, 182, 183, 68 Stat.

935, 948, 953, 954, as amended (42 U.S.C.

2111, 2201, 2232, 2233); sec. 201, 88 Stat.

1242, as amended (42 U.S.C. 5841).

2. In § 32.52, paragraph (a) is revised

to read as follows:

§ 32.52 Same: Material transfer reports

and records.

* * * * *

(a) Report to the Director of Nuclear

Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001, all

transfers of such devices to persons for

use under the general license in § 31.5

of this chapter. Such reports must

identify each general licensee by name

and address, and individual by name

and/or position who may constitute a

point of contact between the

Commission and the general licensee,

the type of device transferred, and the

quantity and type of byproduct material

contained in the device. If one or more

intermediate persons will temporarily

possess the device at the intended place

of use prior to its possession by the user,

the report must include identification of

each intermediate person by name,

address, contact, and relationship to the

intended user. If no transfers have been

made to persons generally licensed

under § 31.5 of this chapter during the

reporting period, the report must so

indicate. The report must cover each

calendar quarter and must be filed

within 30 days thereafter.

* * * * *

3. Section 32.56 is revised to read as

follows:

§ 32.56 Same: Material transfer reports.

Each person licensed under § 32.53

shall file an annual report with the

Director of Nuclear Material Safety and

Safeguards, U.S. Nuclear Regulatory

Commission, Washington, D.C. 20555–

0001, which must state the total

quantity of tritium or promethium–147

transferred to persons generally licensed

under § 31.7 of this chapter. The report

must identify each general licensee by

name, state the kinds and numbers of

luminous devices transferred, and

specify the quantity of tritium or

promethium–147 in each kind of device.

Each report must cover the year ending

June 30 and must be filed within thirty

(30) days thereafter.

* * * * *

Dated at Rockville, Maryland, this 5th day

of January 1995.

For the Nuclear Regulatory Commission.

James M. Taylor,

Executive Director for Operations.

[FR Doc. 95–1270 Filed 1–18–95; 8:45 am]

BILLING CODE 7590–01–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–NM–235–AD; Amendment

39–9122; AD 94–22–10 R1]

Airworthiness Directives; De Havilland

Model DHC–8–100 and DHC–8–300

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment revises an

existing airworthiness directive (AD),

applicable to certain De Havilland

Model DHC–8–100 and DHC–8–300

series airplanes, that currently requires

a revision to the Airplane Flight Manual

(AFM) to advise flight crew members

that certain cockpit indications may

reveal faulty anti-collision strobe light

units, and to provide procedures for

subsequent flight crew and maintenance

action. That AD also requires a

modification that eliminates the need

for the AFM revision. That AD was

prompted by reports that the function of

the proximity switch electronics unit

(PSEU) may be adversely affected

during operation of the white anticollision lights. The actions specified by

that AD are intended to ensure correct

operation of the PSEU and its associated

systems. This amendment revises the

applicability of the existing AD to add

one model of affected airplanes.

DATES: Effective February 3, 1995.

The incorporation by reference of

certain publications listed in the

regulations was approved previously by

the Director of the Federal Register as of

December 15, 1994 (59 FR 58765,

November 15, 1994).

Comments for inclusion in the Rules

Docket must be received on or before

March 20, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 94–NM–

235–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from De

Havilland, Inc., Garratt Boulevard,

Downsview, Ontario M3K 1Y5, Canada.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington; or at the FAA,

Engine and Propeller Directorate, New

York Aircraft Certification Office, 181

South Franklin Avenue, Room 202,

Valley Stream, New York; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Michele Maurer, Aerospace Engineer,

Systems and Equipment Branch, ANE–

173, New York Aircraft Certification

Office, FAA, Engine and Propeller

Directorate, 181 South Franklin Avenue,

Room 202, Valley Stream, New York

11581; telephone (516) 791–6427; fax

(516) 791–9024.

SUPPLEMENTARY INFORMATION: On

October 26, 1994, the FAA issued AD

94–22–10, amendment 39–9060 (59 FR

58765, November 15, 1994), which is

applicable to certain De Havilland

Model DHC–8–100 and –300 series

airplanes. That action requires a

revision to the FAA-approved Airplane

Flight Manual (AFM) to advise the flight

crew that certain cockpit indications

may reveal faulty anti-collision strobe

light units, and to provide procedures

for subsequent flight crew and

maintenance action. It also requires the

installation of a modification that

eliminates the need for the AFM

revision.

That action was prompted by reports

indicating that the electrical power

supplies of the white anti-collision

lights may develop a fault that produces

greater than normal electrical emissions.

The cause of this fault has been

attributed to a capacitor failure in some

‘‘Grimes’’ strobe light systems. This

electromagnetic interference can

adversely affect the operation of the

proximity switch electronics unit

(PSEU) and its associated systems.

Incorrect operation of the PSEU and its

associated systems may interfere with or

distract the flight crew in carrying out

its regular duties during flight or on the

ground, and thus serve to compromise

the safe operation of the airplane. The

requirements of AD 94–22–10 are

intended to ensure the correct operation

of the PSEU and its associated systems.

The AFM revision that is required by

AD 94–22–01 is intended to advise the

flight crew of the fact that the electrical

power supplies for the white anticollision lights may fail and cause

various abnormal indications, such as: