Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules 17761

Standard Hazard Determination (Flood

Hazards) Instructions

Section I

2. Lender ID. No.: FDIC-ensured lenders

should indicate their FDIC Insurance

Certificate Number; Federally-insured credit

unions should indicate their charter/

insurance number; Farm Credit institutions

should indicate their UNINUM number.

5. The lender should attach legal property

description only if space provided is

insufficient. Describe the property in

sufficient detail to locate the specific

building or mobile home accurately; a postal

address in a rural area may be sufficient.

Section II

A. Determination: Self-explanatory.

B. Community Jurisdiction. The 6-digit

National Flood Insurance Program (NFIP)

community number can be determined by

consulting the NFIP Community Status Book

or can be found on the NFIP map; copies of

either can be obtained by calling 1–800–xxx–

xxxx. For areas that may have been annexed

by one community but are shown on another

community’s NFIP map, the Community

Number for the community with land-use

jurisdiction over the area should be used.

C. NFIP Data Affecting Building/Mobile

Home. The information in this section

(excluding the LOMA/LOMR information) is

obtained by reviewing the NFIP map on

which the building/mobile home is located.

If no NFIP map exists, check the box under

‘‘No NFIP Map’’.

NFIP Maps. The current NFIP map, and a

pamphlet titled ‘‘Guide to Flood Maps’’

(FEMA–258) may be obtained by calling 1–

800–xxx–xxxx.

LOMAs and LOMRs. If a Letter of Map

Amendment (LOMA) or Letter of Map

Revision (LOMR) has been issued by FEMA

since the current Map Panel Effective/

Revised Date that revises the flood hazards

affecting the building or mobile home, check

‘‘yes’’ and specify the date of the letter;

otherwise, check ‘‘no’’. Information on

LOMAs and LOMRs is available from the

following sources:

1. The community’s official copy of its

NFIP map should have a copy of all

subsequently-issued LOMAs and LOMRs

attached to it.

2. For LOMAs and LOMRs issued on or

after October 1, 1994, FEMA publishes a list

of these letters twice a year as a compendium

in the Federal Register; a subscription

service providing actual copies of these

letters semi-monthly is also available. To

inquire about these two services, all 1–800–

xxx–xxxx.

3. Information about most LOMAs and

LOMRs issued since 1983 nationwide is

contained in FEMA’s Community

Information System. An electronic listing

may be requested, and may be limited to

specific communities or states, if desired. For

information on this service, call 1–800–xxx–

xxxx.

D. Federal Flood Insurance Availability. To

obtain Federal flood insurance, provide a

copy of this completed form to an insurance

agent. Federal flood insurance is available to

all residents of a community that participates

in the NFIP. Community participation status

can be determined by consulting the NFIP

Community Status Book. Federal flood

insurance is prohibited in designed Coastal

Barrier Resources Areas (CBRAs) for

buildings or mobile homes built or

substantially improved after the date of the

CBRA designation. An information sheet

explaining CBRAs may be obtained by calling

1–800–xxx–xxxx.

E. Comments. This form only requires a

determination regarding a single building’s or

mobile home’s relation to a specific Flood

Hazard Area. If the person making the

determination wishes to add additional

information regarding flood hazards (such as

the property’s location with respect to

floodways, etc.), he or she may do here.

F. Preparer’s Information. Self-explanatory.

Other Information

Multiple Buildings. Use a separate form for

each building or mobile home. A separate

flood insurance policy is required for each

building or mobile home.

Guarantees regarding information.

Determinations on this form made by persons

other than the lender are acceptable only to

the extent that the accuracy of the

information is guaranteed.

Dated: March 30, 1995.

Richard T. Moore,

Associate Director for Mitigation.

[FR Doc. 95–8343 Filed 4–6–95; 8:45 am]

BILLING CODE 6718–03–P

CORPORATION FOR NATIONAL AND

COMMUNITY SERVICE

45 CFR Part 2544

Solicitation and Acceptance of

Donated Property and Services

AGENCY: Corporation for National and

Community Service.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Corporation for National

Service (the Corporation) is issuing

uniform rules and regulations regarding

the solicitation and acceptance or

rejection of property and services.

Pursuant to the National and

Community Service Act of 1990, as

amended, the Corporation has the

authority to solicit and accept

donations. The Corporation is adopting

these rules and regulations to eliminate

the possibility of confusion for

individuals who wish to donate

property or services to the Corporation.

In addition, the Corporation wants to

insure that no situations arise involving

a real or apparent conflict of interest

with respect to a donation or an

individual or group who offers a

donation.

DATES: Comments on the proposed

regulations must be received no later

than May 8, 1995.

ADDRESSES: All comments concerning

these proposed regulations should be

addressed to Stewart Davis, Office of the

General Counsel, The Corporation for

National Service, 1201 New York Ave.,

N.W., Washington D.C., 20525

FOR FURTHER INFORMATION CONTACT:

Stewart Davis, Office of the General

Counsel, The Corporation for National

Service, 1201 New York Ave., N.W.,

Washington D.C., 20525. (202) 606–5000

x. 265.

SUPPLEMENTARY INFORMATION:

Invitation to Comment

The Corporation invites written

comments on the text of the proposed

regulations and requests that the

comments identify the specific

regulatory provisions to which they

relate.

Miscellaneous Requirements

The Corporation has determined that

this is not a ‘‘significant regulatory

action’’ within the meaning of Executive

Order 12866 and accordingly this rule

has not been reviewed by the Office of

Management and Budget. This rule will

not have a substantial impact on a

significant number of small entities,

thus a regulatory flexibility analysis has

not been prepared pursuant to the

Regulatory Flexibility Act, 5 U.S.C. 601

et seq. Because this rule does not

involve collection of information or

impose record keeping requirements,

the Paperwork Reduction Act of 1980

does not apply. The agency has

determined that this rule does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment pursuant to Executive Order

12612. In addition, the Agency has

determined that implementation of this

action will not have any significant

impact on the quality of the human

environment pursuant to the National

Environmental Policy Act.

List of Subjects in 45 CFR Part 2544

Administrative practice and

procedure, Gifts to government,

Government property.

Dated: April 3, 1995.

Terry Russell,

General Counsel, Corporation for National

Service.

Accordingly, as set forth in the

preamble, the Corporation proposes to

amend title 45, chapter XXV of the Code

of Federal Regulations by adding part

2544 to read as follows:
17762 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules

PART 2544—SOLICITATION AND

ACCEPTANCE OF DONATIONS

Sec.

2544.100 What is the purpose of this part?

2544.105 What is the legal authority for

soliciting and accepting donations to the

Corporation?

2544.110 What definitions apply to terms

used in this part?

2544.115 Who may offer a donation?

2544.120 What personal services from a

volunteer may be solicited and accepted?

2544.125 Who has the authority to solicit

and accept or reject a donation?

2544.130 How will the Corporation

determine whether to solicit or accept a

donation?

2544.135 How should an offer of a donation

be made?

2544.140 How will the Corporation accept

or reject an offer?

2544.145 What will be done with property

that is not accepted?

2544.150 How will accepted donations be

recorded and used?

Authority: 42 U.S.C. 12501 et seq.

§ 2544.100 What is the purpose of this

part?

This part establishes rules to ensure

that the solicitation, acceptance,

holding, administration, and use of

property and services donated to the

Corporation:

(a) Will not reflect unfavorably upon

the ability of the Corporation or its

officers and employees, to carry out

their official duties and responsibilities

in a fair and objective manner; and

(b) Will not compromise the integrity

of the Corporation’s programs or its

officers and employees involved in such

programs.

§ 2544.105 What is the legal authority for

soliciting and accepting donations to the

Corporation?

Section 196(a) of the National and

Community Service Act of 1990, as

amended (42 U.S.C. 12651g(a)).

§ 2544.110 What definitions apply to terms

used in this part?

(a) Donation means a transfer of

money, property, or services to or for

the use of the Corporation by gift,

devise, bequest, or other means.

(b) Solicitation means a request for a

donation.

(c) Volunteer means an individual

who donates his/her personal service to

the Corporation to assist the Corporation

in carrying out its duties under the

national service laws, but who is not a

participant in a program funded or

sponsored by the Corporation under the

National and Community Service Act of

1990, as amended. Such individual is

not subject to provisions of law related

to Federal employment, including those

relating to hours of work, rates of

compensation, leave, unemployment

compensation and Federal employee

benefits, except that—

(1) Volunteers will be considered

Federal employees for the purpose of

the tort claims provisions of 28 U.S.C.

chapter 171;

(2) Volunteers will be considered

Federal employees for the purposes of 5

U.S.C. chapter 81, subchapter I, relating

to compensation to Federal employees

for work injuries; and

(3) Volunteers will be considered

special Government employees for the

purpose of ethics and public integrity

under the provisions of 18 U.S.C.

chapter 11, part I, and 5 CFR chapter

XVI, subchapter B.

(d) Inherently governmental function

means any activity that is so intimately

related to the public interest as to

mandate performance by an officer or

employee of the Federal Government,

including an activity that requires either

the exercise of discretion in applying

the authority of the Government or the

use of value judgment in making a

decision for the Government.

§ 2544.115 Who may offer a donation?

Anyone, including an individual,

group of individuals, organization,

corporation, or association may offer a

donation to the Corporation.

§ 2544.120 What personal services from a

volunteer may be solicited and accepted?

A donation in the form of personal

services from a volunteer may be

solicited and accepted to assist the

Corporation in carrying out its duties.

However, volunteers may not perform

an inherently governmental function.

§ 2544.125 Who has the authority to solicit

and accept or reject a donation?

The Chief Executive Officer (CEO) of

the Corporation has the authority to

solicit, accept, or reject a donation

offered to the Corporation and to make

the determinations described in

§ 2544.130 (c) and (d). The CEO may

delegate this authority in writing to

other officials of the Corporation.

§ 2544.130 How will the Corporation

determine whether to solicit or accept a

donation?

(a) The Corporation will solicit and

accept a donation only for the purpose

of furthering the mission and goals of

the Corporation.

(b) In order to be accepted, the

donation must be economically

advantageous to the Corporation,

considering foreseeable expenditures for

matters such as storage, transportation,

maintenance, and distribution.

(c) An official or employee of the

Corporation will not solicit or accept a

donation if the solicitation or

acceptance would present a real or

apparent conflict of interest. An

apparent conflict of interest is presented

if the solicitation or acceptance would

raise a question in the mind of a

reasonable person, with knowledge of

the relevant facts, about the integrity of

the Corporation’s programs or

operations.

(d) The Corporation will determine

whether a conflict of interest exists by

considering any business relationship,

financial interest, litigation, or other

factors that may indicate such a conflict.

Donations of property or voluntary

services may not be solicited or

accepted from a source which:

(1) Is a party to a grant or contract

with the Corporation or is seeking to do

business with the Corporation;

(2) Has pecuniary interests that may

be substantially affected by performance

or nonperformance of the Corporation;

or

(3) Is an organization a majority of

whose members are described in

paragraphs (d) (1) and (2) of this section.

(e) Any solicitation or offer of a

donation that raises a question or

concern of a potential, real, or apparent

conflict of interest will be forwarded to

the Corporation’s Designated Ethics

Official for an opinion.

§ 2544.135 How should an offer of a

donation be made?

(a) In general, an offer of donation

should be made by providing a letter of

tender that offers a donation. The letter

should be directed to an official

authorized to accept donations, describe

the property or service offered, and

specify any purpose for, or condition

on, the use of the donation.

(b) If an offer is made orally, the

Corporation will send a letter of

acknowledgment to the offeror. If the

donor is anonymous, the Corporation

will prepare a memorandum to the file

acknowledging receipt of a tendered

donation and describing the donation

including any special terms or

conditions.

(c) Only those employees or officials

with expressed notice of authority may

accept donations on behalf of the

Corporation. If an offer is directed to an

unauthorized employee or official of the

Corporation, that person must

immediately forward the offer to an

appropriate official for disposition.

§ 2544.140 How will the Corporation

accept or reject an offer?

(a) In general, the Corporation will

respond to an offer of a donation in

writing and include in the response:

(1) An acknowledgment of receipt of

the offer;
Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules 17763

(2) A brief description of the offer and

any purpose or condition that the

offeror specified for the use of the

donation;

(3) A statement either accepting or

rejecting the donation; and

(4) A statement informing the donor

that any acceptance of services or

property can not be used in any manner,

directly or indirectly, that endorses the

donor’s products or services or appears

to benefit the financial interests or

business goals of the donor.

(b) If a purpose or condition for the

use of the donation specified by the

offeror can not be accommodated, the

Corporation may request the offeror to

modify the terms of the donation.

§ 2544.145 What will be done with property

that is not accepted?

In general, property offered to the

Corporation but not accepted will be

returned to the offeror. If the offeror is

unknown or the donation would spoil if

returned, the property will either be

disposed of in accordance with Federal

Property Management regulations or

given to local charities determined by

the Corporation.

§ 2544.150 How will accepted donations be

recorded and used?

(a) All accepted donations of money

and other property will be reported to

the Chief Financial Officer (CFO) of the

Corporation for recording and

appropriate disposition.

(b) All donations of personal services

of a volunteer will be reported to the

CFO and to the Personnel Division of

the Corporation for processing and

documentation.

(c) Donations not designated for a

particular purpose will be used for an

authorized purpose described in

§ 2544.125(a).

(d) Property will be used as nearly as

possible in accordance with the terms of

the donation. If no terms are specified,

or the property can no longer be used

for its original purpose, the property

will be converted to another authorized

use or sold in accordance with Federal

regulations. The proceeds of the sale

will be used for an authorized purpose

described in § 2544.125(a).

[FR Doc. 95–8517 Filed 4–6–95; 8:45 am]

BILLING CODE 6050–28–P

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Chapter II

[Docket No. R–159]

Presidential Review of Regulations

AGENCY: Maritime Administration, DOT.

ACTION: Notice of public meetings;

request for comments.

SUMMARY: The Maritime Administration

(MARAD) will conduct two public

meetings, in New Orleans, Louisiana,

and Norfolk, Virginia, to provide the

public an opportunity to comment on

MARAD’s regulations and regulatory

process. Comments are sought

concerning proposed changes to

MARAD’s regulations that would make

them more precise, less burdensome or

more flexible.

DATES: The meeting in New Orleans will

be held on April 26, 1995, from 1:00

p.m. to 4:00 p.m. The meeting in

Norfolk will be held on April 27, 1995,

from 1:00 p.m. to 4:00 p.m. Written

material may be submitted either at the

meeting or at a later date. Anyone

wishing to submit material prior to

either meeting, for discussion at that

meeting, should deliver that material to

MARAD no later than three days before

the meeting. Written comments must, in

any event, be submitted not later than

April 27, 1995.

ADDRESSES: The New Orleans,

Louisiana, meeting will be held in the

Elmwood Tower, Room 115, Elmwood

Park Boulevard, Jefferson, LA. The

Norfolk, Virginia, meeting will be held

in the Virginia Port Authority, Board

Room, 600 World Trade Center, 6th

Floor. Written comments may be mailed

to the Secretary, Maritime

Administration, Department of

Transportation, Room 7210, 400 7th

Street, S.W., Washington, DC 20590, or

may be delivered to the same address

between 8:30 a.m. and 5:00 p.m.,

Monday through Friday, except Federal

holidays. Comments will become part of

this Docket and will be available for

inspection or copying at the above

address during the specified time

period.

FOR FURTHER INFORMATION CONTACT:

Joan M. Bandareff, Chief Counsel,

Maritime Administration, Department of

Transportation, Room 7230, 400 7th

Street, S.W., Washington, DC 20590.

Telephone Number: (202) 366–5711.

SUPPLEMENTARY INFORMATION: The

President recently announced a

Regulatory Reinvention initiative.

Under this initiative, agencies are

directed to review their regulations,

improve their enforcement efforts to

focus on results, not punishment; meet

with the people affected by their

regulations; and substantially increase

their efforts to promote consensual

rulemaking.

In reviewing its existing regulations,

MARAD will be focusing primarily on

regulations implementing the

administration of its financial assistance

and other promotional programs to

identify those that may be obsolete,

require clarification or should be

revised to reduce the economic impact

on the affected public, while allowing

MARAD to effectuate the intended

purpose of the programs in the most

efficient manner. Attendance at each

meeting is open to the public, who may

make oral presentations during the

meeting.

Dated: April 4, 1995.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.

[FR Doc. 95–8663 Filed 4–6–95; 8:45 am]

BILLING CODE 4910–81–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 63

[CC Docket No. 87–266; FCC 94–269]

Telephone Company-Cable Television

Cross-Ownership Rules

AGENCY: Federal Communications

Commission.

ACTION: Public Notice seeking comment

in connection with the Fourth Further

Notice of Proposed Rulemaking.

SUMMARY: In a Public Notice in Common

Carrier Docket 87–266, the Common

Carrier Bureau and the Cable Services

Bureau requested information and

comment on the possible grant of

blanket Section 214 authorizations.

DATES: Comments must be submitted on

or before April 21, 1995. Reply

comments are due on May 1, 1995.

ADDRESSES: Comments and reply

comments may be mailed to the Office

of the Secretary, Federal

Communications Commission, 1919 M

Street NW., Washington, D.C. 20554. A

copy of each filing should also be filed

with Peggy Reitzel of the Common

Carrier Bureau, and James Yancey of the

Cable Services Bureau.

FOR FURTHER INFORMATION CONTACT:

Mindy J. Ginsburg, (202) 418–1591,

Common Carrier Bureau, Policy and

Program Planning Division, and Larry