Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules 65601

requested information, and to convey

such material to the place of

examination.

Appendix A to § 219.3—

Reimbursement Schedule

Reproduction:

Photocopy, per page .................... .15

Paper copies of microfiche, per

frame ......................................... .15

Duplicate microfiche, per microfiche ........................................... .30

Computer diskette ........................ 5.00

Search and Processing:

Clerical/Technical, hourly rate ... 11.00

Manager/Supervisory, hourly

rate ............................................. 17.00

§ 219.4 Exceptions.

A financial institution is not entitled

to reimbursement under this subpart for

costs incurred in assembling or

providing financial records or

information related to:

(a) Security interests, bankruptcy

claims, debt collection. Any financial

records provided as an incident to

perfecting a security interest, proving a

claim in bankruptcy, or otherwise

collecting on a debt owing either to the

financial institution itself or in its role

as a fiduciary.

(b) Government loan programs.

Financial records that are necessary to

permit the appropriate government

authority to carry out its responsibilities

under a government loan, loan guaranty

or loan insurance program.

(c) Nonidentifiable information.

Financial records that are not identified

with or identifiable as being derived

from the financial records of a particular

customer.

(d) Financial supervisory agencies.

Financial records disclosed to a

financial supervisory agency in the

exercise of its supervisory, regulatory, or

monetary functions with respect to a

financial institution.

(e) Internal Revenue summons.

Financial records disclosed in

accordance with procedures authorized

by the Internal Revenue Code.

(f) Federally required reports.

Financial records required to be

reported in accordance with any federal

statute or rule promulgated thereunder.

(g) Government civil or criminal

litigation. Financial records sought by a

government authority under the Federal

Rules of Civil or Criminal Procedure or

comparable rules of other courts in

connection with litigation to which the

government authority and the customer

are parties.

(h) Administrative agency subpoenas.

Financial records sought by a

government authority pursuant to an

administrative subpoena issued by an

administrative law judge in an

adjudicatory proceeding subject to 5

U.S.C. 554, and to which the

government authority and the customer

are parties.

(i) Investigation of financial

institution or its noncustomer. Financial

records sought by a government

authority in connection with a lawful

proceeding, investigation, examination,

or inspection directed at the financial

institution in possession of such

records, or at an entity that is not a

customer as defined in § 219.2.

(j) General Accounting Office

requests. Financial records sought by

the General Accounting Office pursuant

to an authorized proceeding,

investigation, examination, or audit

directed at a government authority.

(k) Federal Housing Finance Board

requests. Financial records or

information sought by the Federal

Housing Finance Board (FHFB) or any

of the Federal home loan banks in the

exercise of the FHFB’s authority to

extend credit to financial institutions or

others.

(l) Department of Veterans Affairs.

The disclosure of the name and address

of any customer to the Department of

Veterans Affairs where such disclosure

is necessary to, and used solely for, the

proper administration of benefits

programs under laws administered by

that Department.

§ 219.5 Conditions for payment.

(a) Direct costs. Payment shall be

made only for costs that are both

directly incurred and reasonably

necessary to provide requested material.

Search and processing, reproduction,

and transportation costs shall be

considered separately when

determining whether the costs are

reasonably necessary.

(b) Compliance with legal process,

request, or authorization. No payment

may be made to a financial institution

until it satisfactorily complies with the

legal process, the formal written request,

or the customer authorization. When the

legal process or formal written request

is withdrawn, or the customer

authorization is revoked, or where the

customer successfully challenges

disclosure to a grand jury or government

authority, the financial institution shall

be reimbursed for the reasonably

necessary costs incurred in assembling

the requested financial records prior to

the time the financial institution is

notified of such event.

(c) Itemized bill or invoice. No

reimbursement is required unless a

financial institution submits an

itemized bill or invoice specifically

detailing its search and processing,

reproduction, and transportation costs.

§ 219.6 Payment procedures.

(a) Notice to submit invoice. Promptly

following a service of legal process or

request, the court or government

authority shall notify the financial

institution that it must submit an

itemized bill or invoice in order to

obtain payment and shall furnish an

address for this purpose.

(b) Special notice. If a grand jury or

government authority withdraws the

legal process or formal written request,

or if the customer revokes the

authorization, or if the legal process or

request has been successfully

challenged by the customer, the grand

jury or government authority shall

promptly notify the financial institution

of these facts, and shall also notify the

financial institution that it must submit

an itemized bill or invoice in order to

obtain payment of costs incurred prior

to the time of the notice to the financial

institution receives this notice.

3. Section 219.7 is removed.

By order of the Board of Governors of the

Federal Reserve System, December 13, 1995.

William W. Wiles,

Secretary of the Board.

[FR Doc. 95–30725 Filed 12–19–95; 8:45 am]

BILLING CODE 6210–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95–ACE–17]

Proposed Amendment to Class E

Airspace; Muscatine, IA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

amend the Class E airspace area at

Muscatine Municipal Airport,

Muscatine, IA. The development of a

new Standard Instrument Approach

Procedure (SIAP) based on the relocated

Port City Very High Frequency

Omnidirectional Range/Distance

Measuring Equipment (VOR/DME), has

made the proposal necessary. The

intended effect of this proposal is to

provide additional controlled airspace

for aircraft executing the SIAP at

Muscatine Municipal Airport.

DATES: Comments must be received on

or before January 19, 1996.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager, Air
65602 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules

Traffic Operations Branch, ACE–530,

Federal Aviation Administration,

Docket No. 95-ACE–17, 601 East 12th

Street, Kansas City, Missouri 64106.

The official docket may be examined

in the Office of the Assistant Chief

Counsel for the Central Region at the

same address between 9:00 a.m. and

3:00 p.m., Monday through Friday,

except Federal holidays.

An informal docket may also be

examined during normal business hours

in the office of the Manager, Air Traffic

Operations Branch, Air Traffic Division,

at the address listed above.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division,

Air Traffic Operations Branch, ACE–

530C, Federal Aviation Administration,

601 East 12th Street, Kansas City,

Missouri 64106; telephone number:

(816) 426–3408.

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 specifically invited on the overall

regulatory, economic, 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–

ACE–17.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the closing date

for comments will be considered before

taking action on the proposed rule. The

proposal contained in this notice may

be changed in light of comments

received. All comments submitted 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 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 Federal

Aviation Administration, Office of

Public Affairs, Attention: Public Inquiry

Center, APA–230, 800 Independence

Avenue, SW., Washington, DC 20591, or

by calling (202) 267–3484.

Communications must 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 procedures.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

provide additional controlled airspace

for a new SIAP based on the relocated

Port City VOR/DME at the Muscatine,

IA, Municipal Airport. The additional

airspace would segregate aircraft

operating under VFR conditions from

aircraft operating under IFR procedures.

The area would be depicted on

appropriate aeronautical charts thereby

enabling pilots to circumnavigate the

area or otherwise comply with IFR

procedures. Class E airspace

designations for airspace areas

extending upward from 700 feet or more

above the surface of the earth are

published in paragraph 6005 of FAA

Order 7400.9C, dated August 17, 1995,

and effective September 16, 1995, which

is incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document would be

published subsequently in the Order.

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.

Therefore, this proposed regulation—(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 26, 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 will

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

Accordingly, pursuant to the

authority delegated to me, the Federal

Aviation Administration proposes to

amend part 71 of the Federal Aviation

Regulations (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 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ACE IA E5 Muscatine, IA [Revised]

Muscatine Municipal Airport, IA

(Lat. 41°22′00′′ N., long. 91°08′44′′ W)

Port City VOR/DME

(Lat. 41°21′59′′ N., long. 91°08′57′′ W)

Muscatine NDB

(Lat. 41°21′44′′ N., long. 91°08′46′′ W)

That airspace extending upward from 700

feet above the surface within a 6-mile radius

of Muscatine Municipal Airport and within

1.4 miles each side of the 067° radial of the

Port City VOR/DME extending from the 6-

mile radius to 7 miles northeast of the airport

and within 2.6 miles each side of the 256°

bearing from the Muscatine NDB extending

from the 6-mile radius to 7 miles southwest

of the airport.

* * * * *

Issued in Kansas City, MO, on November

30, 1995.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 95–30923 Filed 12–19–95; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 95–ACE–16]

Proposed Amendment to Class E

Airspace; Hastings, NE

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

amend the Class E airspace area at

Hastings Municipal Airport, Hastings,

Nebraska. The development of a new

Standard Instrument Approach

Procedure (SIAP) based on the Global

Positioning System (GPS) has made the

proposal necessary. The intended effect

of this proposal is to provide additional

controlled airspace for aircraft executing

the SIAP at Hastings Municipal Airport.