Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / Rules and Regulations 66483

1The procedures for performing the swab

bioassay test are set forth in one of two selfinstructional guides: ‘‘Performing the CAST’’ or

‘‘Fast Antimicrobial Screen Test.’’ These guides are

available for review in the office of the FSIS Docket

Clerk, Room 4352 South, Food Safety and

Inspection Service, U.S. Department of Agriculture,

Washington, DC 20250.

1Section 21A(c)(17)(C) of the FHLBA provides,

inter alia, that the FDIC shall carry out any

remaining authority and responsibilities of the RTC

‘‘under this subsection.’’ 12 U.S.C. 1441a(c)(17)(C).

Moreover, section 40(n)(4) of the Federal Deposit

Insurance Act provides that the FDIC shall carry out

the remaining responsibilities and authority of the

RTC as set forth in section 1441a(c) of title 12. 12

U.S.C. 1831q(n)(4).

§ 310.21 Carcasses suspected of

containing sulfa and antibiotic residues;

sampling frequency; disposition of affected

carcasses and parts.

* * * * *

(c) * * * The inspector shall perform

a swab bioassay test 1 on:

* * * * *

Done at Washington, DC, on: December 14,

1995.

Michael R. Taylor,

Acting Under Secretary for Food Safety.

[FR Doc. 95–31017 Filed 12–21–95; 8:45 am]

BILLING CODE 3410–DM–P

9 CFR Part 318

[Docket No. 95–035F]

RIN 0583–AB96

Potassium Hydroxide as a Hog Scald

Agent

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Affirmation of effective date.

SUMMARY: On October 23, 1995, the

Food Safety and Inspection Service

(FSIS) published a direct final rule,

‘‘Potassium Hydroxide as a Hog Scald

Agent.’’ This direct final rule allows the

use of potassium hydroxide in hog scald

and hair removal processes. No adverse

comments were received in response to

the direct final rule. Therefore, this rule

is effective on December 22, 1995.

EFFECTIVE DATES: December 22, 1995.

FOR FURTHER INFORMATION CONTACT: Dr.

Paula M. Cohen, Director, Regulations

Development, Policy, Evaluation and

Planning Staff, Food Safety and

Inspection Service, U.S. Department of

Agriculture, Washington, DC 20250–

3700; (202) 720–7164.

SUPPLEMENTARY INFORMATION: This

notice affirms the effective date of the

direct final rule, ‘‘Potassium Hydroxide

as a Hog Scald Agent,’’ that was

published on October 23, 1995, at 60 FR

54295. This direct final rule allows the

use of potassium hydroxide in hog scald

and hair removal processes. FSIS did

not receive any written adverse

comments or written notice of intent to

submit adverse comments in response to

this rule. Therefore, the effective date of

the rule is December 22, 1995.

Done at Washington, DC, on: December 14,

1995.

Michael R. Taylor,

Acting Under Secretary for Food Safety.

[FR Doc. 95–31018 Filed 12–21–95; 8:45 am]

BILLING CODE 3410–DM–P

FEDERAL DEPOSIT INSURANCE

CORPORATION

12 CFR Chapter III

RESOLUTION TRUST CORPORATION

12 CFR Chapter XVI

Effectiveness of RTC Regulations After

RTC Termination

AGENCIES: Federal Deposit Insurance

Corporation and Resolution Trust

Corporation.

ACTION: Joint notification of status of

regulations.

SUMMARY: The Resolution Trust

Corporation (RTC) and the Federal

Deposit Insurance Corporation (FDIC)

are issuing this joint document to

inform the public regarding the

effectiveness of the RTC’s regulations

after RTC termination. In accordance

with the Federal Home Loan Bank Act,

the RTC will terminate on December 31,

1995, and the FDIC will succeed the

RTC as receiver for any remaining RTC

receiverships and will be responsible for

managing any remaining assets and

liabilities of the RTC transferred to the

FSLIC Resolution Fund. Congress did

not include any provision transferring

the RTC’s regulations to the FDIC. The

two corporations have considered these

issues and are publishing this document

to inform the public that, when the

FDIC assumes responsibility for the

RTC’s functions at termination, the

RTC’s regulations generally will not

govern the FDIC’s performance of these

functions for occurrences that arise

post-termination, and that the FDIC’s

regulatory scheme generally will govern

former RTC activities on a prospective

basis.

EFFECTIVE DATE: December 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Jamey Basham, Counsel, Legal Division,

Federal Deposit Insurance Corporation,

550 17th Street NW., Washington, DC

20429, (202) 898–7265, or Karen L.

Main, Senior Attorney, Legal Division,

Resolution Trust Corporation, 1717 H

Street NW., Washington, DC 20006,

(202) 736–3096.

SUPPLEMENTARY INFORMATION:

A. General Rule

Section 21A(m)(1) of the Federal

Home Loan Bank Act (FHLBA), 12

U.S.C. 1441a(m)(1), provides that the

RTC will terminate on December 31,

1995. At that time, the FDIC shall

succeed the RTC as receiver of any

remaining RTC receiverships. Id. In

addition, the FDIC will be responsible

for managing any remaining RTC assets

and liabilities, all of which are

transferred to the FSLIC Resolution

Fund. Section 21A(m)(2) of the FHLBA,

12 U.S.C. 1441a(m)(2). However,

Congress did not include provisions

transferring the RTC’s regulations, 12

CFR Chapter XVI, to the FDIC. In similar

situations when Congress has intended

an agency’s rules to survive transfer of

its functions to a successor, Congress

expressly so provided by statute.

Therefore, after the RTC terminates on

December 31, 1995 and its functions are

transferred to the FDIC, the RTC’s

regulations generally will not govern the

FDIC’s performance of such functions in

dealing with occurrences that arise posttermination. When the FDIC assumes

responsibility from the RTC for such

functions, the FDIC’s regulations

generally will govern matters arising on

a prospective basis.

However, the termination of the RTC

in and of itself does not affect rights or

obligations of the RTC or third parties

that have arisen under the RTC’s

regulations as a result of factual

occurrences prior to the RTC’s

termination. The legal consequences of

pre-termination conduct governed by

the RTC’s regulations will continue to

be determined under such regulations.

B. The RTC’s Affordable Housing

Disposition Program

In contrast, the RTC’s affordable

housing disposition program (AHDP)

regulations at 12 CFR part 1609 will

continue to govern the sale of the

remaining RTC AHDP inventory and

other related responsibilities assumed

by the FDIC even after the RTC

termination date. Since Congress has

directed the FDIC to carry out such

functions under the provisions of the

RTC AHDP statute, section 21A(c) of the

FHLBA, 12 U.S.C. 1441a(c),1 the RTC’s

AHDP regulations which refine and