35934 Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Rules and Regulations

adding the words ‘‘the Agency’’ in its

place.

§ 1980.129 [Amended]

89. Section 1980.129 is amended by:

a. removing the ADMINISTRATIVE

section;

b. removing the phrase ‘‘FmHA or its

successor agency under Public Law

103–354’’ in paragraph (a) and adding

the words ‘‘the Agency’’ in its place;

and

c. revising the introductory text to

read as follows:

§ 1980.129 Planning and performing

development.

The lender is responsible for seeing

that any buildings or other

improvements or major land

development to be paid for with loan

funds are properly completed within a

reasonable period of time. The lender is

responsible for perfecting the required

lien in the security, which includes

ensuring that the security property is

free of any mechanic’s, materialmen’s,

or other liens which would affect lien

priority. All major construction, major

repairs, and major land development

must be performed by qualified parties

under conditions considered standard

and prudent by commercial lenders and

their financial regulators. Form FmHA

449–11, ‘‘Certificate of Acquisition or

Construction,’’ must be completed and

submitted to the Agency. In connection

with construction, the lender is

responsible for:

* * * * *

§ 1980.130 [Amended]

90. Section 1980.130 is amended by

removing the ADMINISTRATIVE

section.

§ 1980.136 [Amended]

91. Section 1980.136 is amended by:

a. removing the phrase ‘‘FmHA or its

successor agency under Public Law

103–354’’ in paragraphs (a) and (b) and

adding the words ‘‘The Agency’s’’ and

‘‘Agency’’ respectively in their place;

and

b. by removing the word

‘‘instrument(s)’’ in paragraph (d) and

adding the word ‘‘instruments’’ in its

place.

§§ 1980.148, 1980.149 and 1980.153

[Removed and Reserved]

92. In Part 1980 §§ 1980.148,

1980.149, and 1980.153 are removed

and reserved.

§ 1980.175 [Amended]

93. Section 1980.175(b) is amended

by:

a. removing the phrase ‘‘FmHA or its

successor agency under Public Law

103–354’’ in the introductory text and

adding the word ‘‘Agency’’ in its place

the first time it appears and to read

‘‘FmHA’’ the second time it appears and

to read ‘‘Agency’’ in paragraph (b)(1)(i);

b. removing the reference to

‘‘§ 1980.106(b)(21)’’ in the first sentence

of paragraph (b)(1)(i) and adding the

reference to ‘‘§ 1980.106(b)’’ in its place.

Exhibit A of Subpart B—[Amended]

94. Exhibit A of subpart B is amended

by:

a. removing the phrase ‘‘FmHA or its

successor agency under Public Law

103–354’’ in paragraph III.A and adding

the words ‘‘the Agency’’ in its place in

the next to last sentence and to remove

the phrase ‘‘or its successor agency

under Public Law 103–354’’ everywhere

else it appears in that paragraph;

b. removing the phrase ‘‘or its

successor agency under Public Law

103–354’’ in paragraph III.C; and

c. by revising paragraph IV to read as

follows:

IV. Agency Actions. The Agency will

complete the evaluation described in

§ 1980.114 in any case where the

approval official determines an

independent analysis is needed before

approval or denial of a request for

guarantee. The Agency may request

additional information, review the

lender’s ‘‘complete application’’ file or

make an independent evaluation of the

application, if needed, to determine

whether the applicant is eligible, the

loan or line of credit is for authorized

purposes, there is reasonable assurance

of repayment ability, and sufficient

collateral and equity is available. The

Agency will make the final

determinations on the eligibility of

applicants for a guaranteed OL loan or

line of credit, an SW loan, or FO loan,

and the purposes and terms of such

loans or lines of credit.

A. [Reserved].

B. [Reserved].

Each approved lender who currently

has an Approved Lender Agreement

executed prior to January 6, 1988, will

be required to execute a new Approved

Lender Agreement. If liquidation of the

account becomes imminent, the Lender

will consider the borrower for Interest

Assistance and request a determination

of the borrower’s eligibility by the

Agency. The lender may not initiate

foreclosure action on the loan until 60

days after a determination has been

made on the borrower’s eligibility to

participate in the Interest Assistance

Program.

* * * * *

Signed at Washington, DC, on July 2, 1996.

Eugene Moos,

Under Secretary for Farm and Foreign

Agricultural Services.

Jill Long Thompson,

Under Secretary for Rural Development.

[FR Doc. 96–17266 Filed 7–8–96; 8:45 am]

BILLING CODE 3410–05–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 214

[INS No. 1765–96]

RIN 1115–AE40

Adding Oakland, California, and

Sanford, Florida, to the List of Ports of

Entry Accepting Applications for Direct

Transit Without Visa

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Final rule.

SUMMARY: This rule amends the

Immigration and Naturalization Service

(the Service) regulations by adding

Oakland, California, and Sanford,

Florida, to the list of ports of entry

where, except for transit from one part

of foreign contiguous territory to

another part of the same territory, an

alien must make application for

admission to the United States for direct

transit without visa. This change is

necessary to accommodate the increase

in international commerce service

Oakland, California, and Sanford,

Florida.

EFFECTIVE DATE: July 9, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert F. Hutnick, Assistant Chief

Inspector, Immigration and

Naturalization Service, 425 I Street,

NW., Room 7228, Washington, DC

20536, telephone number (202) 616–

7499.

SUPPLEMENTARY INFORMATION: This final

rule adds Oakland, California, and

Sanford, Florida, to 8 CFR 214.2(c)(1) as

ports of entry where, except for transit

from one part of foreign contiguous

territory to another part of the same

territory, application for direct transit

without visa must be made. The

Orlando Sanford Airport in Sanford,

Florida, will be adding additional

international passenger service,

specifically arrivals transiting between

the United Kingdom and Mexico. By

allowing this airport to accept

applications for direct transit without

visa, the Orlando Sanford Airport will

be able to accommodate these transit air
Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Rules and Regulations 35935

passengers. The Oakland International

Airport has added international

passenger service between France and

Tahiti. By allowing this airport to accept

applications for direct transit without

visa, Oakland International Airport will

be able to accommodate these transit air

passengers.

Compliance with 5 U.S.C. 553 as to

notice of proposed rulemaking and

delayed effective date is unnecessary as

this rule relates to agency management.

Since this rule pertains to agency

‘‘practice and procedures’’ it does not

require Congressional review

necessitated by 5 U.S.C. § 801.

Regulatory Flexibility Act

The Commissioner of the Immigration

and Naturalization Service, in

accordance with Regulatory Flexibility

Act (5 U.S.C. 605(b)), has reviewed this

regulation and, by approving it, certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities. This rule

merely allows the Oakland, California,

and the Sanford, Florida, airports to

accommodate international passengers

by providing authority to accept

applications for direct transit without

visa. This rule will facilitate travel for

the public.

Executive Order 12866

This rule is not considered by the

Department of Justice, Immigration and

Naturalization Service, to be a

‘‘significant regulatory action’’ under

Executive Order 12866, section 3(f),

Regulatory Planning and Review, and

the Office of Management and Budget

has waived its review process under

section 6(a)(3)(A).

Executive Order 12612

The regulation proposed herein will

not have substantial direct effects on the

States, on the relationship between the

National Government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

List of Subjects in 8 CFR Part 214

Administrative practice and

procedure, Aliens, Passports and visas.

Accordingly, part 214 of chapter I of

title 8 of the Code of Federal

Regulations is amended as follows:

PART 214—NONIMMIGRANT CLASSES

1. The authority citation for part 214

continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1182, 1184,

1186a, 1187,1221, 1281, 1282; 8 CFR part 2.

§ 214.2 [Amended]

2. In § 214.2, paragraph (c)(1) is

amended, in the fourth sentence, by

adding ‘‘Oakland, CA,’’ immediately

after ‘‘Norfolk, VA,’’ and ‘‘Sanford, FL,’’

immediately after ‘‘San Diego, CA,’’ to

the listing of ports of entry authorized

to accept direct transit without visa

applications.

Dated: June 25, 1996.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 96–17264 Filed 7–8–96; 8:45 am]

BILLING CODE 4410–10–M

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 53

RIN 3150–AF47

Removal of 10 CFR Part 53—Criteria

and Procedures for Determining the

Adequacy of Available Spent Nuclear

Fuel Storage Capacity

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

regulations to remove provisions

concerning the ‘‘Criteria and Procedures

for Determining the Adequacy of

Available Spent Nuclear Fuel Storage

Capacity’’ from the Code of Federal

Regulations. This Part of the

Commission’s regulations is no longer

applicable because the statutory

timeframe for its implementation has

expired.

DATE: This final rule is effective on

August 8, 1996.

FOR FURTHER INFORMATION CONTACT:

Gordon Gundersen, Office of Nuclear

Regulatory Research, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555–0001, telephone (301) 415–

6195.

SUPPLEMENTARY INFORMATION:

Background

10 CFR Part 53 established procedures

for nuclear power plant owners to

follow for obtaining a determination

from the NRC that the plant can not

provide adequate spent nuclear fuel

storage capacity. The regulations in this

part established procedures and criteria

for making the determination required

by section 135(b) of the Nuclear Waste

Policy Act of 1982 (96 Stat. 2201 and

2233) that an owner or operator of a

civilian nuclear power reactor could not

reasonably provide adequate spent

nuclear fuel storage capacity at the

reactor site, or at any other reactor it

operates, when needed to ensure the

continued orderly operation of the

reactor. These regulations also required

that the owner or operator diligently

pursue licensed alternatives to the use

of Federal storage capacity for the

storage of spent nuclear fuel expected to

be generated in the future.

Civilian nuclear power reactor

operators who wanted the Commission

to make a determination under 10 CFR

Part 53 had to file a request by June 30,

1989. The Commission was to process

the request and make a determination

before January 1, 1990. Section 53.11(b)

placed a time limitation of June 30, 1989

(with an outside date of January 1, 1990

for special circumstances), on the filing

of requests for a Commission

determination on the adequacy of

available spent fuel storage capacity.

This was based on the January 1, 1990,

limitation in Section 136(a) of the

Nuclear Waste Policy Act on the ability

of Department of Energy to enter into

contracts for the interim storage of spent

fuel based on a Commission

determination. These dates have long

passed and this Part of the

Commission’s regulations is no longer

applicable because the statutory

timeframe for its implementation has

expired.

The storage of spent nuclear fuel at

NRC licensed nuclear power plants is

not affected by removing 10 CFR Part 53

because 10 CFR Part 50 provides the

regulatory basis for licensing both wet

and dry modes of spent fuel storage at

nuclear power reactors. 10 CFR Part 72

provides the regulatory basis for

licensing spent nuclear fuel storage in

Independent Spent Fuel Storage

Installations or Monitored Retrievable

Storage Installations. These regulations

are not affected by the removal of 10

CFR Part 53.

In accordance with 10 CFR 2.804(d)(2)

of the Commission’s regulations, the

Commission is issuing a final rule

withdrawing 10 CFR Part 53, rather than

using the normal notice and comment

process for agency rulemakings. In this

case, the Commission finds that there is

good cause to dispense with notice and

public comment as unnecessary. As

noted above, the statutory time period

within which Federal interim storage

under this rule could be implemented

has long passed, and the Commission

has no discretion to entertain any

requests for Federal interim storage

under this rule. Furthermore, little

interest has been shown in the interim