Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Proposed Rules 63007

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95–AEA–12]

Proposed Establishment of Class E2

Airspace; Lewisburg, WV

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This proposed rule would

establish Class E2 airspace designated as

a surface area for Greenbrier Valley

Airport, Lewisburg, West Virginia. The

airport has a VOR or GPS–A (circling)

Standard Instrument Approach

Procedure (SIAP), an NDB or GPS RWY

4 SIAP and an ILS RWY 4 SIAP. Class

E2 airspace would be established to

accommodate these SIAPs and for

instrument flight rules (IFR) operations

at this airport.

DATES: Comments must be received on

or before January 29, 1996.

ADDRESSES: Send comments on the rule

in triplicate to: Manager, System

Management Branch, AEA–530, Docket

No. 95–AEA–12, F.A.A. Eastern Region,

Federal Building # 111, John F. Kennedy

International Airport, Jamaica, NY

11430.

The official docket may be examined

in the Office of the Assistant Chief

Counsel, AEA–7, F.A.A. Eastern Region,

Federal Building # 111, John F. Kennedy

International Airport, Jamaica, NY

11430. An informal docket may also be

examined during normal business hours

in the System Management Branch,

AEA–530, F.A.A. Eastern Region,

Federal Building # 111, John F. Kennedy

International Airport, Jamaica, NY

11430.

FOR FURTHER INFORMATION CONTACT:

Mr Francis T. Jordan, Jr., Airspace

Specialist, System Management Branch,

AEA–530, F.A.A. Eastern Region,

Federal Building # 111, John F. Kennedy

International Airport, Jamaica, NY

11430; telephone: (718) 553–4521.

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 specially invited on the overall

regulatory, aeronautical, 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. 95–

AEA–12’’. The postcard will be date/

time stamped and returned to the

commenter.

All communications received before

the specified closing date for comments

will be considered before taking action

on the rule. The rule contained in this

notice may be changed in the light of

comments received. All comments

received 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 the FAA

personnel concerned with this

rulemaking will be filed in the docket.

Availability of NPRMs

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Office of

the Assistant Chief Counsel, AEA–7,

F.A.A. Eastern Region, Federal Building

# 111, John F. Kennedy International

Airport, Jamaica, NY 11430. Identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRMs should also

request a copy of Advisory Circular No.

11–2A, which describes the application

procedure.

The Proposal

The FAA is considering amending

part 71 of the Federal Aviation

Regulations (14 CFR part 71) by

establishing Class E2 airspace,

designated as a surface area for an

airport, at Lewisburg, WV, to

accommodate current SIAPs and for IFR

operations at the Greenbrier Valley

Airport.

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. Class

E2 airspace areas designated as a surface

area for an airport are published in

Paragraph 6002 of FAA Order 7400.9C,

dated August 17, 1995 and effective

September 16, 1995. The Class E

airspace designation listed in this

document would be published

subsequently in the Order. 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 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 proposed rule would

not have a significant economic impact

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

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 part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O 10854, 24 FR 9565, 3 CFR 1959–

1963 Comp., p. 389; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9C, Airspace

Designations and Reporting Points,

dated August 17, 1995 and effective

September 16, 1995, is amended as

follows:

Paragraph 6002 Class E airspace areas

designated as a surface area for an airport.

* * * * *

AEA WV E2 Lewisburg, WV [New]

Greenbrier Valley Airport, WV

(lat. 37°51′30′′ N, long. 80°23′58′′ W)

Bushi NDB (LOM)

(lat. 37°46′56′′ N., long. 80°28′06′′ W)

Within a 4-mile radius of Greenbrier Valley

Airport. This Class E area is effective during

the specific dates and times established in

advance by a Notice To Airmen. The effective

date and time will thereafter be continuously

published in the Airport/Facility Directory.

* * * * *

Issued in Jamaica, New York, on November

30, 1995.

John S. Walker,

Manager, Air Traffic Division.

[FR Doc. 95–29965 Filed 12–7–95; 8:45 am]

BILLING CODE 4910–13–M
63008 Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Proposed Rules

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Assistant Secretary for

Housing—Federal Housing

Commissioner

24 CFR Part 3500

[Docket No. FR–3780–N–03]

RIN 2502–AG40

Mortgage Broker Fee Disclosure Rule:

Notice of Establishment of Negotiated

Rulemaking Advisory Committee and

of First Meeting

AGENCY: Office of the Assistant

Secretary for Housing—Federal Housing

Commissioner, HUD.

ACTION: Notice of establishment of a

negotiated rulemaking advisory

committee and of first meeting.

SUMMARY: The Department is

announcing the establishment of a

Negotiated Rulemaking Advisory

Committee under the Federal Advisory

Committee Act (FACA). The first

objective of the committee would be to

determine whether or not the amount

and nature of indirect payments to

mortgage brokers and certain other

mortgage originators (retail lenders)

should be disclosed to consumers.

Second, the committee will seek to

resolve whether the Real Estate

Settlement Procedures Act (RESPA)

permits volume-based compensation

from wholesale lenders, entities that

purchase mortgage loans, to mortgage

brokers and, if such compensation is

found permissible, whether and how the

compensation should be disclosed. The

committee consists of representatives

with a definable stake in the outcome of

a proposed rule. A charter for the

committee has been approved pursuant

to the FACA, Executive Order 12838,

and the implementing regulations. This

notice also announces the time and

place of the first committee meeting,

which will be open to the public.

DATES: The first meeting of the

committee will take place December 13–

14, 1995, and will be open to the public.

On Wednesday, December 13, the

meeting will start at 9:30 a.m. and run

until completion; on Thursday,

December 14, the meeting will start at

9:00 a.m. and run until approximately

1:00 p.m. If participants and the

facilitator agree, the second day of the

meeting may be extended beyond the

projected completion time of 1:00 p.m.

ADDRESSES: The first meeting of the

committee will be held in Courtroom A

of the International Trade Commission

Building, 500 E Street, SW.,

Washington, DC 20436.

FOR FURTHER INFORMATION CONTACT:

David R. Williamson, Director, RESPA

Enforcement Unit, Department of

Housing and Urban Development, Room

5241, 451 Seventh Street, SW.,

Washington, DC 20410–0500; telephone

(202) 708–4560, or on e-mail through

Internet at drwilliamson@hud.gov. The

TDD number for persons who are

hearing- or speech-impaired is (202)

708–4594 (TDD). (These telephone

numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:

Background

On October 25, 1995 (60 FR 54794),

HUD published a notice of intent to

establish a Negotiated Rulemaking

Advisory Committee to discuss and

negotiate a proposed rule to discuss the

treatment under RESPA, including

disclosure requirements, of indirect

payments to retail lenders and of

volume-based compensation to

mortgage brokers. The October 25 notice

also announced that the first meeting of

the committee could be held in late

1995, if the charter for the committee

was approved. Subsequent to the

publication of the October 25 notice, the

charter for the committee was approved

pursuant to the FACA, Executive Order

12838, and the implementing

regulations at 41 CFR 101–6.1007.

Because the Department noted the

tentative schedule for the first meeting

in the October 25 notice and wants to

commence the negotiating process

quickly, the first meeting has been

scheduled for December 13–14, 1995.

Members of the committee have been

contacted directly by the Department

about this schedule.

The October 25 notice requested

comment concerning the proposed

membership of the Committee. After

review of the comments and for the

reasons stated in the notice of intent, the

Department has determined that

establishing a negotiated rulemaking

advisory committee on this subject is

necessary and in the public interest.

The Department received eight

comments on the October 25 notice. Six

of the eight commenters requested that

a member of their organization be

included in the negotiating committee.

Specifically, four commenters

suggested that lenders who concentrate

on other mortgage products, such as

home equity loans, B and C loans, and

reverse mortgages, should be included.

These commenters were the American

Financial Services Association, the

National Home Equity Mortgage

Association, the Title One Home

Improvement Lenders Association, and

Transamerica HomeFirst, a reverse

mortgage lender. In order to keep the

negotiated rulemaking body manageable

and balanced, the Department

concluded that with the addition of the

American Financial Services

Association, the most diverse of these

organizations, the interests of junior lien

and reverse mortgage lenders would be

adequately represented. Moreover, the

American Financial Services

Association has indicated that it would

itself consult with other affected

organizations.

Two additional national industry

groups requested membership. HUD has

determined that these organizations

should be added to the committee

because they represented types of

lending institutions that are not already

adequately represented on the

committee: the Independent Bankers

Association of America represents

community banks and the National

Association of Federal Credit Unions

represents Federal credit unions.

All those who expressed interest in

participating in the negotiated

rulemaking committee are reminded

that meetings of the committee are open

to the public.

Facilitator

As stated in the October 25 notice, the

Honorable Alan W. Heifetz, Chief

Administrative Law Judge, will be the

facilitator for the Committee.

Substantive Issues for Negotiation

The issues identified in the convening

report were identified and discussed in

the October 25 notice and in a proposed

rule on this same subject recently

published by the Department (60 FR

47650, September 13, 1995). The

Department received approximately 800

comments on the proposed rule; these

comments are available for public

inspection and copying between 7:30

a.m. and 5:30 p.m. weekdays at the

Rules Docket Clerk, Office of General

Counsel, Room 10276, Department of

Housing and Urban Development, 451

Seventh Street SW., Washington, DC

20410. The comments also will be made

available to the members of the

committee for their consideration as

they are negotiating a new proposed

rule.

Committee Membership

Including the members added in

response to comments received on the

October 25 notice, the members of the

committee will include:
Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Proposed Rules 63009

National Industry Groups

• Paul Reid, President, American Home

Funding, Richmond, VA, PresidentElect, Mortgage Bankers Association

of America, 1125 15th Street, NW.,

Washington, DC 20005–2766

• Kay Kinney, Executive Vice President,

National Association of Mortgage

Brokers, 1735 N. Lynn Street, Suite

950, Arlington, VA 22209

• John Rasmus, Esq., Senior Federal

Administrative Counsel/Manager,

Agency Relations, American Bankers

Association, 1120 Connecticut

Avenue, NW., Washington, DC 20036

• Glen Gimble, Esq., Program Manager

and Counsel, Real Estate Lending

Compliance, America’s Community

Bankers, 900 19th Street, NW.,

Washington, DC 20006

• Roy DeLoach, Policy Representative,

Business Issues, National Association

of Realtors, 700 11th Street, NW.,

Washington, DC 20001–4507

• Sue Johnson, President and Executive

Director, RESPRO, 1800 M Street,

NW., Suite 900 South, Washington,

DC 20036

• David Goldberg, The Mortgage Capitol

Group, Senior Vice President,

Administration, PHH Mortgage

Services Corporation, 6000 Atrium

Way, Mt. Laurel, NJ 08054

• Thomas J. Sheehan, Chairman, IBAA

Bank Operations Committee,

Independent Bankers Association of

America, One Thomas Circle, NW.,

Suite 950, Washington, DC 20005–

5802

• Brian McDonnell, Senior Executive

Vice-President, of Navy Federal Credit

Union, National Association of

Federal Credit Unions, P.O. Box 3769,

Washington, DC 20007

• Robert E. McKew, Vice President and

General Counsel, American Financial

Services Association, 919 18th Street,

NW., Washington, DC 20006

Consumer Groups

• Robert Creamer, Citizen Action, 68

East Wacker Place, Chicago, IL 60601

• William J. Brennan, Jr., Esq.,

(Member, Board of Directors, National

Association of Consumer Advocates),

Home Defense Program of the Atlanta

Legal Aid Society, 340 West Ponce De

Leon Avenue, Decatur, Georgia 30030

• Nina Simon, Esq., Jean Davis, Esq.,

Legal Counsel for the Elderly,

American Association of Retired

Persons, 601 E Street, N.W.,

Washington, D.C. 20049

State Organizations

• Craig Jordan, Esq., Assistant Attorney

General for the State of Texas,

Consumer Affairs Division, 714

Jackson Street, Suite 800, Dallas,

Texas 75202

• Daniel Muccia, President, American

Association of Residential Mortgage

Regulators and Deputy

Superintendent of Banks, State of

New York Banking Department, Two

Rector Street, New York, New York

10006

Government-Sponsored Enterprises

• Jim Newell, Esq., Associate General

Counsel, Federal Home Loan

Mortgage Corporation, 8200 Jones

Branch Drive, McLean, VA 22102–

3107

• JoAnn Carpenter, Esq., Vice President

and Deputy General Counsel, Federal

National Mortgage Association, 3900

Wisconsin Ave., N.W., Washington,

D.C. 20016–2899

Federal Government

• Designated Federal Officer: Sarah X.

Rosen, Esq., Special Assistant to the

Assistant Secretary for Housing, Room

9100, U.S. Department of Housing and

Urban Development, 451 7th Street,

S.W., Washington, D.C. 20410, (202)

708–3600

Schedule

HUD will hold the first meeting of the

committee on December 13–14, 1995.

On Wednesday, December 13, the

meeting will start at 9:30 a.m. and run

until completion; on Thursday,

December 14, the meeting will start at

9:00 a.m. and run until approximately

1:00 p.m. If participants and the

facilitator agree, the second day of the

meeting may be extended beyond the

projected completion time of 1:00 p.m.

The location of the meeting will be

Courtroom A of the International Trade

Commission Building, 500 E Street,

S.W., Washington, D.C. 20436. The

purpose of the meeting will be to orient

members to the negotiated rulemaking

(reg-neg) process, establish a basic set of

understandings and ground rules

(protocols) regarding the process that

will be followed in seeking a consensus,

and begin to address the issues. This

meeting is open to the public.

Decisions with respect to future

meetings will be made at the first

meeting and from time to time

thereafter. Notices of future meetings

will be published in the Federal

Register if time permits.

To prevent delays that might

postpone timely issuance of a proposed

rule, HUD intends to terminate the

committee’s activities if it does not

reach consensus within 5 months of the

first meeting. The process may end

earlier if the facilitator believes that

sufficient progress cannot be made or

that an impasse has developed that

cannot be resolved.

Authority: 42 U.S.C. 1437g, 3535(d).

Dated: December 5, 1995.

Stephanie A. Smith,

Acting General Deputy Assistant Secretary

for Housing.

[FR Doc. 95–30067 Filed 12–6–95; 1:38 pm]

BILLING CODE 4210–27–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[INTL–0075–92]

RIN 1545–AR31

Definition of Foreign Base Company

Income and Foreign Personal Holding

Company Income of a Controlled

Foreign Corporation; Hearing

AGENCY: Internal Revenue Service,

Treasury.

ACTION: Change of location of public

hearing.

SUMMARY: This document changes the

location of the public hearing on

proposed regulations relating to the

definitions of subpart F income and

foreign personal holding company

income of a controlled foreign

corporation and the allocation of

deficits for purposes of computing the

deemed-paid foreign tax credit.

DATES: The public hearing is being held

on Thursday, January 4, 1996, beginning

at 10:00 a.m.

ADDRESSES: The public hearing

originally scheduled in the IRS

Auditorium, Seventh floor, 7400

Corridor, Internal Revenue Building,

1111 Constitution Avenue, NW.,

Washington, DC is changed to room

2615, Internal Revenue Building, 1111

Constitution Avenue, NW., Washington,

DC.

FOR FURTHER INFORMATION CONTACT:

Mike Slaughter of the Regulations Unit,

Assistant Chief Counsel (Corporate),

(202) 622–7190, (not a toll-free number).

SUPPLEMENTARY INFORMATION: A notice

of public hearing appearing in the

Federal Register on Thursday,

September 7, 1995 (60 FR 46548),

announced that a public hearing relating

to proposed regulations under sections

952, 954(c), and 960 of the Internal

Revenue Code will be held Thursday,

January 4, 1996, beginning at 10:00 a.m.

in the IRS Auditorium, Seventh floor,

7400 Corridor, Internal Revenue

Building, 1111 Constitution Avenue,

NW., Washington, DC and that requests