This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

20945

Vol. 66, No. 81

Thursday, April 26, 2001

NATIONAL CREDIT UNION

ADMINISTRATION

12 CFR Part 701

Organization and Operations of

Federal Credit Unions

AGENCY: National Credit Union

Administration (NCUA).

ACTION: Proposed rule.

SUMMARY: This proposed rule relaxes

certain provisions in NCUA’s

regulations for advertising and posting

notice of nondiscrimination in real

estate-related lending. Currently, the

regulations provide that a federal credit

union (FCU) must include notice of

nondiscrimination through use of a

particular logotype and specified

language. The proposed rule will

provide an FCU with more flexibility in

how it gives notice when advertising.

The current regulations also require the

display inside the FCU of an NCUAdeveloped poster giving notice of

nondiscrimination compliance. The

proposed rule will allow an FCU to

display either the NCUA poster or a

similar poster prepared by the United

States Department of Housing and

Urban Development. The proposed rule

also prohibits advertising with words,

symbols, models, or other forms of

communication that suggest a

discriminatory preference or policy of

exclusion in violation of the Fair

Housing Act or the Equal Credit

Opportunity Act.

DATES: Comments must be received on

or before June 25, 2001.

ADDRESSES: Send comments to Becky

Baker, Secretary to the NCUA Board,

National Credit Union Administration,

1775 Duke Street, Alexandria, Virginia

22314–3428. You may also fax

comments to (703) 837–2914, or e-mail

comments to regcomments@ncua.gov.

Please send comments by one method

only.

FOR FURTHER INFORMATION CONTACT: Paul

M. Peterson, Staff Attorney, Office of

General Counsel, National Credit Union

Administration, 1775 Duke Street,

Alexandria, Virginia 22314–3428 or

telephone: (703) 518–6555.

SUPPLEMENTARY INFORMATION:

Background

The Fair Housing Act generally

prohibits discrimination in connection

with the sale or rental of residential

dwellings. 42 U.S.C. 3601–3619. With

regard to advertising, the Fair Housing

Act provides that it is unlawful:

To make, print, or publish, or cause to be

made, printed, or published any notice,

statement, or advertisement, with respect to

the sale or rental of a dwelling that indicates

any preference, limitation, or discrimination

based on race, color, religion, sex, handicap,

familial status, or national origin, or an

intention to make any such preference,

limitation, or discrimination.

42 U.S.C. 3604(c). The Department of

Housing and Urban Development (HUD)

is charged with the administration and

enforcement of the Fair Housing Act. 42

U.S.C. 3608, 3612. HUD has developed

guidelines for compliance with the Fair

Housing Act’s requirement for

nondiscrimination in advertising. On

the issue of affirmative notice of

nondiscrimination compliance, HUD

states that:

All advertising of residential real estate

* * * financing should contain an equal

housing logotype, statement, or slogan as a

means of educating the homeseeking public

that the property is available to all persons

regardless of race, color, religion, sex,

national origin, [handicap, or familial status].

The choice of logotype, statement, or slogan

will depend on the type of media used

(visual or auditory) and, in space advertising,

on the size of the advertisement.

24 CFR 109.30(a) (1995). HUD removed

this part 109 and the guidance it

contained from the Code of Federal

Regulations in 1996. 61 FR 14378, April

1, 1996. Nevertheless, HUD still

considers the information in part 109,

including the notice provision, to be

current guidance.

The NCUA Board implements this

notice provision for FCUs in

§ 701.31(d)(1). The current

§ 701.31(d)(1) requires use of one,

particular logotype and legend in

written and visual advertisements and

one, particular phrase in oral

advertisements. The Board has

determined that the current

§ 701.31(d)(1) is less flexible than the

Fair Housing Act and associated HUD

guidance require. The Board proposes to

replace the mandatory logotype and

language with a general requirement

that FCUs, when advertising real estaterelated lending, indicate that they do

not discriminate on any prohibited

basis. The proposed rule also provides

FCUs with various ‘‘safe harbor’’

methods to satisfy this notice

requirement. The proposed safe harbor

methods are not mandatory. FCUs

would be free to use any reasonable

method to satisfy the requirement.

Since 1972, HUD has also required

that every entity subject to the Fair

Housing Act display on its premises a

poster containing specific

nondiscrimination language. 24 CFR

110.15; 37 FR 3429, February 16, 1972.

HUD permits Federal financial

regulatory agencies to substitute a

different poster. 24 CFR 110.25(b). In

1989, NCUA obtained HUD approval for

the version NCUA currently requires

FCUs to display. 12 CFR 701.31(d)(2),

(3); 54 FR 21963, May 22, 1989. The

proposed rule would permit FCUs to

display either the NCUA version or the

HUD version of the poster.

The proposed rule is similar to the

Federal Deposit Insurance Corporation’s

nondiscrimination in advertising rule.

12 CFR 338.3. Consistent with the FDIC

rule, the proposed rule will prohibit

advertising with words, symbols,

models, or other forms of

communication that suggest a

discriminatory preference or policy of

exclusion in violation of the Fair

Housing Act or the Equal Credit

Opportunity Act. 12 CFR 338.3(b), 12

U.S.C. 1691–1691f.

Regulatory Procedures

Regulatory Flexibility Act

The Regulatory Flexibility Act

requires the NCUA to prepare an

analysis to describe any significant

economic effect any regulation may

have on a substantial number of small

credit unions, meaning those under one

million dollars in assets. The NCUA

Board has determined and certifies that

the final rule will not have a significant

economic impact on a substantial

number of small credit unions.

Accordingly, the NCUA Board has

determined that a regulatory flexibility

analysis is not required.

Executive Order 13132

Executive Order 13132 encourages

independent regulatory agencies to

20946 Federal Register / Vol. 66, No. 81 / Thursday, April 26, 2001 / Proposed Rules

consider the impact of their actions on

state and local interests. In adherence to

fundamental federalism principles,

NCUA, an independent regulatory

agency as defined in 44 U.S.C. 3502(5),

voluntarily complies with the executive

order. This proposed rule, if adopted,

will apply only to federally-chartered

credit unions. It will not have

substantial direct effects on the states,

on the relationship between the national

government and the states, or on the

distribution of power and

responsibilities among the various

levels of government. NCUA has

determined that this proposal does not

constitute a policy that has federalism

implications for purposes of the

executive order.

Paperwork Reduction Act

NCUA has determined that the

proposed rule does not increase

paperwork requirements under the

Paperwork Reduction Act of 1995 and

regulations of the Office of Management

and Budget.

The Treasury and General Government

Appropriations Act, 1999—Assessment

of Federal Regulations and Policies on

Families

The NCUA has determined that this

proposed rule will not affect family

well-being within the meaning of

section 654 of the Treasury and General

Government Appropriations Act, 1999,

Pub. L. 105–277, 112 Stat. 2681 (1998).

Agency Regulatory Goal

NCUA’s goal is to promulgate clear

and understandable regulations that

impose minimal regulatory burden. We

request your comments on whether the

proposed rule is understandable and

minimally intrusive if implemented as

proposed.

List of Subjects in 12 CFR Part 701

Credit unions, Fair housing, Signs and

symbols.

By the National Credit Union

Administration Board on April 19, 2001.

Becky Baker,

Secretary of the Board.

For the reasons stated in the

preamble, the National Credit Union

Administration proposes to amend 12

CFR part 701 as set forth below:

PART 701—ORGANIZATION AND

OPERATIONS OF FEDERAL CREDIT

UNIONS

1. The authority citation for part 701

continues to read as follows:

Authority: 12 U.S.C. 1752(5), 1755, 1756,

1757, 1759, 1761a, 1761b, 1766, 1767, 1782,

1784, 1787, and 1789. Section 701.6 is also

authorized by 31 U.S.C. 3717. Section 701.31

is also authorized by 15 U.S.C. 1601 et seq.;

42 U.S.C. 1981 and 3601–3619. Section

701.35 is also authorized by 42 U.S.C. 4311–

4312.

2. In § 701.31, revise paragraph (d)

introductory text, paragraphs (d)(1) and

(d)(2) to read as follows:

§ 701.31 Nondiscrimination requirements.

* * * * *

(d) Nondiscrimination in advertising.

No federal credit union may engage in

any form of advertising of real estaterelated loans that indicates the credit

union discriminates on the basis of race,

color, religion, national origin, sex,

handicap, or familial status in violation

of the Fair Housing Act. Advertisements

must not contain any words, symbols,

models or other forms of

communication that suggest a

discriminatory preference or policy of

exclusion in violation of the Fair

Housing Act or the Equal Credit

Opportunity Act.

(1) Advertising notice of

nondiscrimination compliance. Any

federal credit union that advertises real

estate-related loans must prominently

indicate in such advertisement, in a

manner appropriate to the advertising

medium and format used, that the credit

union makes such loans without regard

to race, color, religion, national origin,

sex, handicap, or familial status.

(i) With respect to written and visual

advertisements, a credit union may

satisfy the notice requirement by

including in the advertisement a copy of

the logotype, with the legend ‘‘Equal

Housing Lender,’’ from the poster

described in paragraph (d)(3) of this

section or a copy of the logotype, with

the legend ‘‘Equal Housing

Opportunity,’’ from the poster described

in § 110.25(a) of the United States

Department of Housing and Urban

Development’s (HUD) regulations (24

CFR 110.25(a)).

(ii) With respect to oral

advertisements, a credit union may

satisfy the notice requirement by a

spoken statement that the credit union

is an ‘‘Equal Housing Lender’’ or an

‘‘Equal Opportunity Lender.’’

(iii) When an oral advertisement is

used in conjunction with a written or

visual advertisement, the use of either of

the methods specified in paragraphs

(d)(1)(i) or (ii) of this section will satisfy

the notice requirement.

(iv) A credit union may use any other

method reasonably calculated to satisfy

the notice requirement.

(2) Lobby notice of nondiscrimination.

Every federal credit union that engages

in real estate-related lending must

display a notice of nondiscrimination.

The notice must be placed in the public

lobby of the credit union and in the

public area of each office where such

loans are made and must be clearly

visible to the general public. The notice

must incorporate either a facsimile of

the logotype and language appearing in

paragraph (d)(3) of this section or the

logotype and language appearing at 24

CFR 110.25(a). Posters containing the

logotype and language appearing in

paragraph (d)(3) of this section may be

obtained from the regional offices of the

National Credit Union Administration.

* * * * *

[FR Doc. 01–10306 Filed 4–25–01; 8:45 am]

BILLING CODE 7535–01–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–NM–38–AD]

RIN 2120–AA64

Airworthiness Directives; Aerospatiale

Model ATR72–101, –201, –102, –202,

–211, and –212 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Aerospatiale Model ATR72–101,

–201, –102, –202, –211, and –212 series

airplanes. This proposal would require

replacement of the clamp retaining the

power supply cable loom of the green

circuit hydraulic pump at frame 28 with

a smaller clamp in a different

orientation. This action is necessary to

prevent the chafing of electrical wires,

which could cause a short circuit and

failure of the elevator control cable and

the green system hydraulic pump,

resulting in reduced controllability of

the airplane and consequent injury to

the crew and passengers. This action is

intended to address the identified

unsafe condition.

DATES: Comments must be received by

May 29, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2001–NM–

38–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00