Federal Register / Vol. 65, No. 11 / Tuesday, January 18, 2000 / Rules and Regulations 2529

container or equivalent is established

for South Texas onions.

Dated: January 11, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–1049 Filed 1–14–00; 8:45 am]

BILLING CODE 3410–02–P

FEDERAL RESERVE SYSTEM

12 CFR Part 269a

[Docket No. R–1056]

Labor Relations for the Federal

Reserve System

AGENCY: Board of Governors of the

Federal Reserve System.

ACTION: Interim rule with request for

comments; policy statement.

SUMMARY: The Board of Governors of the

Federal Reserve System (the Board) has

an internal ‘‘Policy on Labor Relations

for the Board of Governors of the

Federal Reserve System,’’ which was

revised in 1983 through notice and

comment. The Board has determined

that its regulation entitled ‘‘Policy on

Labor Relations for the Federal Reserve

Banks’’ should be applied to the Board

policy insofar as that regulation

provides procedures for processing

charges of unfair labor practices. In

addition, the Board is amending the

references in its policy to the ‘‘Federal

Reserve System Labor Relations Panel’’

to read ‘‘Federal Reserve Board Labor

Relations Panel’’ which is the correct

name of this panel. Further, the Board

is also amending part 269a by correcting

cross-references to another Board

regulation.

DATES: This interim rule is effective

January 19, 2000. Submit comments on

or before March 20, 2000.

ADDRESSES: Comments, which should

refer to Docket No. R–1056, may be

mailed to the Board of Governors of the

Federal Reserve System, 20th and C

Streets, NW, Washington, DC 20551;

Attention: Ms. Jennifer J. Johnson,

Secretary, or may be delivered to the

Board’s mail room between 9 a.m. and

5 p.m. All comments received may be

inspected in Room MP–500 of the

Martin Building between 9 a.m. and 5

p.m., Monday through Friday, except as

provided in 12 CFR 261.11(a) of the

Board’s Rules Regarding Availability of

Information.

FOR FURTHER INFORMATION CONTACT:

Richard M. Ashton, Associate General

Counsel (202–452–3750), Legal

Division, Board of Governors of the

Federal Reserve System. For the hearing

impaired only, Telecommunication

Device for the Deaf (TDD), Diane Jenkins

(202–452–3544), Board of Governors of

the Federal Reserve System, 20th and C

Street NW, Washington, DC 20551.

SUPPLEMENTARY INFORMATION: Under the

authority provided in the Federal

Reserve Act, the Board has recognized

the rights of its employees to organize

and bargain collectively through

recognized representatives and to be

free from unfair labor practices. See

Sections 10(4) and 11(l) (providing the

Board exclusive authority over

employment at the Board). The Board

has adopted a ‘‘Policy on Labor

Relations for the Board of Governors of

the Federal Reserve System’’ which

prohibits unfair labor practices and sets

up the Federal Reserve Board Labor

Relations Panel (Board Panel) to

adjudicate charges of unfair labor

practices. The policy authorizes the

Board to issue rules to remedy unfair

labor practices listed in the policy. The

policy provides that the Board Panel

will adhere to the rules and regulations

promulgated by the Board for this

purpose.

The Board has also adopted a ‘‘Policy

on Labor Relations for the Reserve

Banks,’’ which is very similar in many

respects to the Board Policy. 12 CFR

part 269. The Board policy, like the

Reserve Bank policy, prohibits certain

unfair labor practices. The Bank policy,

which establishes a Federal Reserve

System Labor Relations Panel, also

contains procedures for presenting and

remedying unfair labor practices. Like

the Board policy, the Bank policy,

including the unfair labor practice

procedures, was adopted after public

notice and opportunity for comment. 48

FR 18820 (April 26, 1983); 48 FR 32331

(July 15, 1983).

An unfair labor practice charge under

the Board policy has recently been filed.

The Board has determined that the

procedures for adjudicating unfair labor

practice claims and other matters

provided in its ‘‘Policy on Labor

Relations for the Reserve Banks’’ should

be applied to the processing of charges

of unfair labor practice filed under the

Board policy.

Accordingly, the Board is amending

the Board policy to provide that in

processing charges of unfair labor

practices under that policy, 12 CFR part

269a and 269b of the Bank policy will

govern. Thus, where the Bank policy

refers to ‘‘bank,’’ the reference will be

read as referring to the ‘‘Board’’ and

where it refers to the ‘‘Federal Reserve

System Labor Relations Panel,’’ the

reference will be read as referring to the

Board Panel. In addition, the Board is

correcting all references in its policy to

the ‘‘Federal Reserve System Labor

Relations Panel’’ to read ‘‘Federal

Reserve Board Labor Relations Panel’’

which is the correct name of this panel.

Further, references in part 269a to part

292, which was removed and

redesignated in 1983 into part 269b after

notice and public comment, will be

revised to refer to the correct sections in

part 269b.

Pursuant to 5 U.S.C. 553(d)(3), the

Board has determined that it is

unnecessary, and would be

impracticable, to defer the effective date

of this action until after public

comments have been received and

considered, although the Board will

consider all public comments received

and make changes in its procedures

based on those comments where

appropriate. The Board has also

determined, pursuant to 5 U.S.C.

553(d)(3), that good cause exists to make

this action effective immediately rather

than to defer its effective date for 30

days. The procedures here adopted for

use by the Board Panel were issued for

the System Panel in 1983 following

notice and public comment and the

substance of the unfair labor practice

provisions in the Board and the Reserve

Bank policies are essentially the same.

48 FR 32331 (July 15, 1983). A pending

matter under the Board policy requires

that those procedures be used by the

Board Panel without delay in the

interest of fairness.

The Board is amending its ‘‘Policy on

Labor Relations for the Board of

Governors of the Federal Reserve

System’’ published on July 15, 1983 (48

FR 32334) as set forth below:

Policy on Labor Relations for the Board

of Governors of the Federal Reserve

System

1. Section 6, paragraph (d), of this

policy is amended to read as follows:

Section 6 Unfair Labor Practices

(d) The Federal Reserve Board Labor

Relations Panel will follow the rules in

12 CFR parts 269a and 269b for the

prevention and remedy of the unfair

labor practices listed in this Policy. For

purposes of this Policy, the reference in

§ 269b.110 to § 269.6 will be read as

referring to section 6 of this Policy.

References in parts 269a and 269b to a

Federal Reserve Bank will be read as

referring to the Board. References in

parts 269a and 269b to the Federal

Reserve System Labor Relations Panel

will be read as referring to the Federal

Reserve Board Labor Relations Panel.

2. Every reference in the policy to the

‘‘Federal Reserve System Labor

Relations Panel’’ is removed and the

2530 Federal Register / Vol. 65, No. 11 / Tuesday, January 18, 2000 / Rules and Regulations

words ‘‘Federal Reserve Board Labor

Relations Panel’’ are added in their

place.

List of Subjects in 12 CFR Part 269a

Federal Reserve System, Labormanagement relations.

For the reasons set out in the

preamble, 12 CFR part 269a is amended

as set forth below:

PART 269a—DEFINITIONS

1. The authority citation for 12 CFR

part 269a continues to read as follows:

Authority: Sec. 11, 38 Stat. 261 (12 U.S.C.

248).

§ 269a.4 [Amended]

2. In § 269a.4, remove the reference to

‘‘§ 292.210’’ and add the reference to

‘‘§ 269b.210’’ in its place.

§ 269.5 [Amended]

3. In § 269a.5, remove the reference to

‘‘§ 292.420 et seq.’’ and add the

reference to ‘‘§ 269b.420 et seq.’’ in its

place and remove the reference to

‘‘§ 292.442’’ and add the reference to

‘‘§ 269b.442’’ in its place.

By order of the Board of Governors of the

Federal Reserve System, January 11, 2000.

Jennifer J. Johnson,

Secretary of the Board.

[FR Doc. 00–997 Filed 1–14–00; 8:45 am]

BILLING CODE 6210–01–P

DEPARTMENT OF COMMERCE

Economic Development Administration

13 CFR Parts 308 and 314

[Docket No. 991208327–9327–01]

RIN 0610–ZA12

Requirements for Economic

Adjustment Grants-Revolving Loan

Fund Projects and Property

AGENCY: Economic Development

Administration (EDA), Department of

Commerce (DoC).

ACTION: Interim rule with request for

comments.

SUMMARY: The Economic Development

Administration (EDA) is amending its

regulations consistent with

recommendations of its Revolving Loan

Fund Task Force, and comments

received on EDA’s interim-final rule to

implement the comprehensive

amendment to the Public Works and

Economic Development Act of 1965, as

amended by the Economic Development

Administration Reform Act of 1998.

EDA has clarified and simplified

requirements and incorporated into the

body of the rules, requirements unique

to EDA for Revolving Loan Fund (RLF)

projects previously appearing in

Appendices A–D to 13 CFR part 308.

DATES: Effective date: January 18, 2000. Comment date: Comments are due on

or before March 20, 2000.

ADDRESSES: Send comments to Edward

M. Levin, Chief Counsel, Economic

Development Administration, U.S.

Department of Commerce, Herbert C.

Hoover Building, 1401 Constitution

Avenue, NW, Room 7005, Washington,

DC 20230.

FOR FURTHER INFORMATION CONTACT:

Edward M. Levin, Chief Counsel,

Telephone Number 202–482–4687, fax

202–482–5671, e-mail elevin@doc.gov

SUPPLEMENTARY INFORMATION:

Background

The Economic Development

Administration (EDA) was reauthorized

for a five-year period by legislation

enacted on November 13, 1998, creating

stability and opportunities for EDA to

better serve economically distressed

communities across the country. On

February 3, 1999, EDA published an

interim-final rule, Economic

Development Administration

Regulation: Revision to Implement the

Economic Development Reform Act of

1998, Pub. L. 105–393, (64 FR 5347–

5486). The public was invited to submit

comments on the interim-final rule for

a period of sixty (60) days ending April

5, 1999. EDA had postponed the

revision of the RLF requirements until

recently so that the RLF Task Force

recommendations and public comments

could be incorporated.

RLF Task Force Recommendations

EDA’s Revolving Loan Fund Task

Force was established to consider

contemporary issues of interest to the

RLF community and to make

recommendations for appropriate

reforms and policies that resulted from

such consideration. The solicitation of

comments to the Task Force was widely

publicized and included published

articles in weekly and monthly

newsletters and web sites of several

national economic development

organizations. The all-Federal Task

Force, which included representatives

from each of EDA’s six regional offices

and three other Federal Agencies,

considered more than sixty comments

and suggestions submitted by RLF

operators and economic development

organizations. Resulting Task Force

recommendations involving the

clarification of policies or regulatory

changes, some of which were also

suggested by those commenting on

EDA’s interim-final rule, are included in

this interim-final rule. These

recommendations were that EDA:

1. Consider providing start-up

technical assistance funding to train

first time grantees and to cover the costs

for administering borrower technical

assistance programs associated with

RLFs.

We have added a provision as new

§ 308.4(c)(2)(iv) to allow the use of inkind local matching funds for such

purposes.

2. Provide clear criteria for

determining when RLFs graduate from a

semi-annual to annual reporting status.

We have added specific requirements

for graduating RLFs from a semi-annual

to annual RLF reporting status, in new

§ 308.14(a).

3. Consider allowing loan loss

reserves to be maintained by EDA RLFs.

Because EDA RLFs are capitalized by

grant funds (rather than by a loan which

must be repaid to the Agency), EDA

believes that there is no need for RLF

recipients to maintain a cash reserve

against loan losses that may occur.

However, EDA does agree that a loan

loss reserve appearing as non-cash

financial statement entries should be

permitted. We have added this

provision as new § 308.15(a)(2).

4. Provide more flexibility in EDA’s

effective utilization of funds policy (also

known as the excess retention policy) so

that smaller RLFs would be able to

accumulate larger amounts of loan

repayments to handle larger loans.

EDA has retained its basic rule, but

has added a new § 308.19 clarifying the

current authority to permit necessary

and reasonable variances from this and

other provisions that do not conflict

with other legal requirements.

5. Allow all EDA funds to be

disbursed for new loans, while

permitting loan repayments to

accumulate.

EDA does not agree with the

requested change. EDA’s existing

practice is consistent with Federal

requirements concerning disbursement

of grant funds. However, the allowance

of in-kind local share for RLFs has

required that EDA articulate new

requirements for disbursing EDA funds

for RLF projects. EDA has addressed all

RLF disbursement related issues in

newly added § 308.16.

6. Commenters suggested that part

308, Appendix A, Economic Adjustment

Program Revolving Loan Fund Plan

Guidelines; Appendix B, Economic

Adjustment Program Revolving Loan

Fund Grants Standard Terms and

Conditions; Appendix C, Economic

Adjustment Program Revolving Loan

Fund Grants Administrative Manual;

and Appendix D, Economic Adjustment