This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

25389

Vol. 61, No. 99

Tuesday, May 21, 1996

1The term bank refers to any depository

institution, including commercial banks, savings

institutions, and credit unions.

2The paying bank is the bank by, at, or through

which a check is payable. The depositary bank is

the first bank to which a check is transferred.

3 12 CFR § 229.2(m). The Act’s definition is

substantially similar (12 U.S.C. 4001(9)).

4 In 1992 the Federal Reserve Bank of New York

transferred its head office check-processing

operations to its Jericho office. The Board made

corresponding changes to Appendix A of

Regulation CC at that time. 58 FR 2, January 4,

1993. Similarly, the Federal Reserve Bank of New

York in 1994 discontinued check-processing at its

Buffalo office and incorporated the Buffalo checkprocessing region into the Utica check-processing

region. The Board made corresponding changes to

Appendices A and B–2 at that time. 59 FR 48789,

September 23, 1994.

FEDERAL RESERVE SYSTEM

12 CFR Part 229

[Regulation CC; Docket No. R–0925]

Availability of Funds and Collection of

Checks

AGENCY: Board of Governors of the

Federal Reserve System.

ACTION: Final rule; technical

amendment.

SUMMARY: The Board is publishing

technical amendments to Appendices A

and B of Regulation CC. The

amendments will conform the

Appendices to a realignment in Federal

Reserve check-processing regions by

adding the routing numbers formerly

assigned to the Jericho check-processing

region to the East Rutherford checkprocessing region in Appendix A, and

by eliminating the reference to routing

numbers formerly assigned to the

Jericho office that were subject to a

reduced availability schedule for

depositary banks in the East Rutherford

check-processing territory in Appendix

B.

EFFECTIVE DATE: October 15, 1996.

FOR FURTHER INFORMATION CONTACT:

Stephanie Martin, Senior Attorney (202/

452–3198), or Heatherun Allison,

Attorney (202/452–3565), Legal

Division. For the hearing impaired only:

Telecommunications Device for the

Deaf, Dorothea Thompson (202/452–

3544).

SUPPLEMENTARY INFORMATION: The

Board’s Regulation CC (12 CFR part 229)

implements the Expedited Funds

Availability Act (12 U.S.C. 4001 et seq.)

and requires banks 1 to make funds

deposited into transaction accounts

available for withdrawal within

specified time frames. The Act and

regulation allow banks to place longer

holds on nonlocal checks than on local

checks. A nonlocal check is one for

which the paying bank 2 is located in a

different check-processing region than

the depositary bank. Regulation CC

defines ‘‘check-processing region’’ as

‘‘the geographical area served by an

office of a Federal Reserve Bank for

purposes of its check-processing

activities.’’ 3 Appendix A of Regulation

CC lists the Federal Reserve checkprocessing offices and the 4-digit

routing number prefixes that are local to

each office. Appendix B of Regulation

CC lists 4-digit routing number prefixes

to which reduced availability schedules

apply in certain cases.

Effective October 15, 1996, the

Federal Reserve Bank of New York will

discontinue processing checks at its

Jericho office and will incorporate the

Jericho check-processing region into the

East Rutherford check-processing

region. This consolidation is part of a

larger effort by the Federal Reserve Bank

of New York to achieve greater

efficiency in its check operations by

consolidating systems, equipment, and

operations.4 Accordingly, the routing

number list in Appendix A is being

changed to reflect the Jericho-East

Rutherford consolidation. The reference

in Appendix B to routing numbers

formerly assigned to the Jericho office

that were subject to a reduced

availability schedule for depositary

banks in the East Rutherford checkprocessing territory is also being

deleted, because those routing numbers

are now all ‘‘local’’ with respect to the

East Rutherford check-processing

territory.

Although the substance of Regulation

CC will be unaffected by the

amendments to Appendices A and B,

the consolidation of check-processing

regions may require some banks to

adjust their internal procedures for

assigning funds availability. For

example, beginning on October 15,

1996, checks deposited in the former

Jericho region will now be considered

local checks in the East Rutherford

region (and vice versa). Banks that now

distinguish between the Jericho and East

Rutherford regions in assigning

availability will need to realign their

internal operating systems to reflect the

consolidation.

Banks also need to reflect any

availability policy changes in their

disclosures, as the availability for

certain checks may be improved.

Section 229.18(e) of Regulation CC

provides that, in the case of an

availability policy change that expedites

the availability of funds, a bank shall

send a notice of the change to holders

of consumer accounts not later than 30

days after implementation.

The amendments adopted by the

Board are technical amendments that

reflect the realignment of Federal

Reserve check-processing regions and

are required by the statutory and

regulatory definitions of ‘‘checkprocessing region.’’ Accordingly, 5

U.S.C. 553(b), requiring public

comment, does not apply.

Final Regulatory Flexibility Analysis

The amendment will apply to all

banks, regardless of size. There is no

possible alternative rule for small banks,

as ‘‘check-processing region’’ is defined

by the Expedited Funds Availability

Act, which applies to all banks. The

amendment will affect only those banks

in the current Jericho and East

Rutherford check-processing regions

that distinguish between checks drawn

on paying banks located in those two

regions for purposes of assigning

availability. The Board expects that the

majority of small institutions located in

those two regions will be unaffected by

the amendment.

List of Subjects in 12 CFR Part 229

Banks, banking, Federal Reserve

System, Reporting and recordkeeping

requirements.

For the reasons set out in the

preamble, 12 CFR part 229 is amended

as follows:

PART 229—[AMENDED]

1. The authority citation for part 229

continues to read as follows:
25390 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations

Authority: 12 U.S.C. 4001 et seq.

2. In Appendix A to part 229, under

the heading ‘‘SECOND FEDERAL

RESERVE DISTRICT,’’ the numbers

appearing directly under the subheading

‘‘Jericho Office’’ are transferred in

numerical order under the subheading

‘‘East Rutherford Office’’, and the

subheading ‘‘Jericho Office’’ is removed.

3. In Appendix B to part 229, the

entry for ‘‘East Rutherford’’ is removed.

By order of the Board of Governors of the

Federal Reserve System, May 15, 1996.

William W. Wiles,

Secretary of the Board.

[FR Doc. 96–12683 Filed 5–20–96; 8:45 am]

BILLING CODE 6210–01–P

RAILROAD RETIREMENT BOARD

20 CFR Part 200

RIN 3220–AB19

Availability of Information to Public

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

SUMMARY: The Railroad Retirement

Board (Board) hereby amends its

regulations establishing fees to be

assessed in connection with the search

for records and provision of documents

by the Board. The revision will

eliminate the exemption from charge for

the first 100 pages of reproduction and

the first two hours of search time for

requesters of documents who are not

included within the specific categories

provided in the regulations.

EFFECTIVE DATE: May 21, 1996.

ADDRESSES: Secretary to the Board,

Railroad Retirement Board, 844 Rush

Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT:

Michael C. Litt, Bureau of Law, Railroad

Retirement Board, 844 Rush Street,

Chicago, Illinois 60611, (312) 751–4929,

TDD (312) 751–4701.

SUPPLEMENTARY INFORMATION: Section

200.4(g)(2)(v) of the Board’s regulations

provides for fees to be assessed in

connection with the production of

documents for ‘‘All other requesters’’,

i.e. those requesters who do not fall

within other categories provided for in

the regulation. Those other categories

include requests by commercial users,

by educational and non-commercial

scientific institutions, by representatives

of the news media, and by subjects of

records in Privacy Act Systems of

Records. Currently § 200.4(g)(2)(v)

provides that the Board does not charge

‘‘other requesters’’ for the first 100 pages

of reproduction and the first two hours

of search time.

The Board is authorized to charge for

such costs of reproduction and search

time by section 12(d) of the Railroad

Unemployment Insurance Act (45

U.S.C. 362(d)) which provides, in

pertinent part, that:

* * * the Board may furnish such

information to any person or organization

upon payment by such person or

organization to the Board of the cost incurred

by the Board by reason thereof; and the

amounts so paid to the Board shall be

credited to the railroad unemployment

insurance administration fund established

pursuant to section 11(a) of this Act.

This provision is incorporated into the

Railroad Retirement Act by section

7(b)(3) of that Act (45 U.S.C. 231f(b)(3)).

The Board has been receiving an

increasing number of genealogical

requests (almost 700 for the first six

months of 1995 compared with about

450 for the same period in 1994) with

a current estimated cost per request of

$16.00. The Board has determined that

it is more equitable that the costs for

provision of this information be borne

by the individuals who need the

information, rather than the railroad

industry as a whole. Accordingly, the

Board proposes to eliminate the

exemption from charge for the first 100

pages of reproduction and the first two

hours of search time for requesters

covered by § 200.4(g)(2)(v).

This rule was published as a proposed

rule on January 18, 1996, inviting

comments on or before March 18, 1996

(61 FR 1252). No comments were

received.

The Board, with the concurrence of

the Office of Management and Budget,

has determined that this is not a

significant regulatory action for

purposes of Executive Order 12866.

Therefore, no regulatory impact analysis

is required. There are no information

collections associated with this rule.

List of Subjects in 20 CFR Part 200

Railroad employees, Railroad

retirement, Railroad unemployment

insurance.

For the reasons set out in the

preamble, title 20, chapter II, part 200 of

the Code of Federal Regulations is

amended as follows:

PART 200—GENERAL

ADMINISTRATION

1. The authority citation for part 200

continues to read as follows:

Authority: 45 U.S.C. 231f(b)(5) and 45

U.S.C. 362; § 200.4 also issued under 5 U.S.C.

552; § 200.5 also issued under 5 U.S.C. 552a;

§ 200.6 also issued under 5 U.S.C. 552b; and

§ 200.7 also issued under 31 U.S.C. 3717.

2. Section 200.4 is amended by

revising paragraph (g)(2)(v) to read as

follows:

§ 200.4 Availability of information to

public.

* * * * *

(g) * * *

(2) * * *

(v) All other requesters. For requesters

who do not fall within the purview of

paragraphs (g)(2) (i), (ii), (iii), or (iv) of

this section, the RRB will charge the full

direct cost of searching for and

reproducing records that are responsive

to the request. The RRB will not charge

for such costs to be assessed if the total

is less than $10.00. If the total is $10.00

or more, the RRB may waive the charge

or reduce it if it determines that

disclosure of the information is in the

public interest because it is likely to

contribute significantly to public

understanding of the operations or

activities of the government and is not

primarily in the commercial interest of

the requester.

* * * * *

Dated: May 7, 1996.

By authority of the Board.

For the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 96–12737 Filed 5–20–96; 8:45 am]

BILLING CODE 7905–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 2

[Docket No. 95P–0088]

Chlorofluorocarbon Propellants in

Self-Pressurized Containers; Addition

to List of Essential Uses

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) has granted the

petition of Bryan Corp. (Bryan) to add

sterile aerosol talc to the list of products

containing a chlorofluorocarbon (CFC)

propellant for an essential use. Essential

use products are exempt from FDA’s

ban on the use of CFC propellants in

FDA-regulated products and the

Environmental Protection Agency’s

(EPA’s) ban on the use of CFC’s in

pressurized dispensers. This document

amends FDA’s regulations governing

use of CFC’s to include sterile aerosol

talc as an essential use.

EFFECTIVE DATE: June 4, 1996.