33842 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

grossly observable lesions, and (when

included) greater than 20 percent of the

chickens in group 4 must develop

grossly observable lesions.

(5) For a valid test to be considered

satisfactory, at least 80 percent of the

chickens in group 1 must remain free of

grossly observable lesions. The

appropriate product claim resulting

from a satisfactory test would be to aid

in the prevention of Marek’s disease, for

vaccines containing only a Serotype 3

virus as the Marek’s disease fraction, or

to aid in the prevention of very virulent

Marek’s disease, for all other vaccines.

(d) Test requirements for release. Each

serial and subserial shall meet the

applicable requirements prescribed in

§ 113.300. The identity test required in

§ 113.300(c) shall be conducted in a

serotype-specific manner by a method

acceptable to APHIS. Final container

samples of completed product shall also

meet the requirements in paragraphs (d)

(1), (2), and (3) of this section. Any

serial or subserial found unsatisfactory

by a prescribed test shall not be

released.

(1) Purity test. The chicken embryo

inoculation test prescribed in § 113.37

shall be conducted, except that, if the

test is inconclusive because of a vaccine

virus override, the chicken inoculation

test prescribed in § 113.36 may be

conducted and the virus judged

accordingly.

(2) Safety test. At least 25 one-dayold, specific pathogen free chickens

shall be injected, by the subcutaneous

route, with the equivalent of 10 chicken

doses of virus (vaccine concentrated

10X). The chickens shall be observed

each day for 21 days. Chickens dying

during the period shall be examined,

cause of death determined, and the

results recorded.

(i) If at least 20 chickens do not

survive the observation period, the test

is inconclusive.

(ii) If lesions of any disease or cause

of death are directly attributable to the

vaccine, the serial is unsatisfactory.

(iii) If less than 20 chicks survive the

observation period and there are no

deaths or lesions attributable to the

vaccine, the test may be repeated one

time, Provided, that if the test is not

repeated, the serial shall be declared

unsatisfactory.

(3) Potency test. The samples shall be

titrated using a cell culture system or

other titration method acceptable to

APHIS. For vaccines composed of more

than one Marek’s disease virus serotype,

each fraction shall be titrated in a

serotype-specific manner.

(i) Samples of desiccated vaccine

shall be incubated at 37°C for 3 days

before preparation for use in the

potency test. Samples of desiccated or

frozen vaccine shall be reconstituted in

diluent according to the label

recommendations, and held in an ice

bath at 0°C to 4°C for 2 hours prior to

use in the potency test.

(ii) For a serial or subserial to be

eligible for release, each serotype

contained in the vaccine shall have a

virus titer per dose which is at least 3

times greater than the number of plaque

forming units (pfu) used in the

immunogenicity test prescribed in

paragraph (c) of this section, but not less

than 1000 pfu per dose.

(iii) When tested (without the pretest

incubation of desiccated products) at

any time within the expiration period,

each serotype contained in the vaccine

shall have a virus titer per dose which

is at least 2 times the number of pfu

used in the immunogenicity test, but not

less than 750 pfu per dose.

Done in Washington, DC, this 25th day of

June 1996.

Donald W. Luchsinger,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 96–16710 Filed 6–28–96; 8:45 am]

BILLING CODE 3410–34–P

FEDERAL DEPOSIT INSURANCE

CORPORATION

12 CFR Part 324

RIN 3067–AB77

Agricultural Loan Loss Amortization

AGENCY: Federal Deposit Insurance

Corporation (FDIC).

ACTION: Final rule.

SUMMARY: As part of the FDIC’s

systematic review of its regulations and

written policies under section 303(a) of

the Riegle Community Development and

Regulatory Improvement Act of 1994

(CDRI), the FDIC is removing its

regulation governing agricultural loan

loss amortization. This action is needed

to eliminate the regulation when it

becomes obsolete on January 1, 1999.

EFFECTIVE DATE: January 1, 1999.

FOR FURTHER INFORMATION CONTACT:

Robert W. Walsh, Manager, Planning

and Program Development, (202) 898–

6896, Division of Supervision; Susan

van den Toorn, Counsel, (202) 898–

8707, Legal Division, FDIC, 550 17th

Street, N.W., Washington, D.C. 20429.

SUPPLEMENTARY INFORMATION: The FDIC

is conducting a systematic review of its

regulations and written policies. Section

303(a) of the CDRI (12 U.S.C. 4803(a))

requires each federal banking agency to

streamline and modify its regulations

and written policies in order to improve

efficiency, reduce unnecessary costs,

and eliminate unwarranted constraints

on credit availability. Section 303(a)

also requires each federal banking

agency to remove inconsistencies and

outmoded and duplicative requirements

from its regulations and written

policies.

As part of this review, the FDIC is

removing 12 CFR part 324. This action

is appropriate because the regulation

implemented legislation which

permitted agricultural banks to amortize

qualified agricultural loan losses

incurred only between 1984 and 1991

with a resulting amortization period not

to exceed seven years. Consequently,

this regulation will become obsolete at

the end of the permissible amortization

period. Therefore, the FDIC is

eliminating the rule effective January 1,

1999. The Office of the Comptroller of

the Currency (OCC), as part of its

Regulation Review Program, has

previously reviewed its regulation on

Agricultural Loan Loss Amortization, 12

CFR part 35, and determined that the

regulation becomes obsolete on January

1, 1999. The OCC issued a proposed

rule on February 8, 1995 (60 FR 7467)

and a final rule on May 24, 1995 (60 FR

27401) to remove its regulation on

January 1, 1999. The Federal Reserve

Board (FRB) has under consideration a

similar proposal with regard to 12 CFR

208.15.

Title VIII of the Competitive Equality

Banking Act of 1987 (Act), Pub. L. 100–

86, 101 Stat. 635 (1987), added 12

U.S.C. 1823(j) in an attempt to alleviate

some of the financial pressures then

facing agricultural banks. In particular,

12 U.S.C. 1823(j) permits an agricultural

bank to amortize over a period not to

exceed seven years: (1) Any loss on a

qualified agricultural loan that the bank

would otherwise be required to show on

its annual financial statement for any

year between December 31, 1983, and

January 1, 1992; and (2) any loss

resulting from the reappraisal of

property that the bank owned or

acquired between January 1, 1983, and

January 1, 1992, in connection with a

qualified agricultural loan. The FDIC

implemented this statutory provision by

promulgating 12 CFR part 324 with a

final rule published on November 2,

1987 (52 FR 41968). Pursuant to section

1823(j)(3) of the Act, the OCC and the

FRB issued substantively similar

regulations. See, 12 CFR part 35 and 12

CFR 208.15 respectively.

Because the statute requires that a loss

occur on or before December 31, 1991,

to qualify, and that the amortization

period may not exceed seven years, the

program becomes obsolete on January 1,
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 33843

1999. Reflecting this fact, the FDIC’s

rule requires that loans under the

program must be fully amortized by

December 31, 1998. 12 CFR 324.3(b).

In light of the statutory termination of

the agricultural loan loss amortization

program, the FDIC is removing 12 CFR

part 324, effective January 1, 1999, to

obviate the need for any regulatory

action in the future. Prior to that date,

an annotation to part 324 in title 12 of

the Code of Federal Regulations would

indicate the effective date for removal of

the part.

Exemption from Public Notice and

Comment

The FDIC believes that it is

unnecessary to seek public comment on

this rule because the agricultural loan

loss amortization program becomes

obsolete by operation of law on January

1, 1999. Accordingly, the rule is being

adopted in final, rather than proposed,

form with a protracted effective date

that will coincide with cessation of the

statutory program.

Regulatory Flexibility Act

Pursuant to section 605(b) of the

Regulatory Flexibility Act (5 U.S.C.

605(b)), the FDIC hereby certifies that

this regulation will not have a

significant economic impact on a

substantial number of small entities

because only three institutions are

affected. Accordingly, a regulatory

flexibility analysis is not required. This

regulation has no material impact on

insured depository institutions and state

nonmember banks, regardless of size.

Paperwork Reduction Act

The collection of information

contained in 12 CFR 324.7 has been

approved by the Office of Management

and Budget (OMB) under OMB Control

Number 3064–0091. This final rule will

remove as unnecessary, for the reasons

set forth in the preamble, that collection

of information effective January 1, 1999.

List of Subjects in 12 CFR Part 324

Accounting, Agriculture, Banks,

Banking, State nonmember banks,

Reporting and recordkeeping

requirements.

Authority and Issuance

For the reasons set out in the

preamble, and under the authority of 12

U.S.C. 1823(j), chapter III of title 12 of

the Code of Federal Regulations is

amended as follows:

PART 324—[REMOVED]

1. Part 324 is removed effective

January 1, 1999.

By Order of the Board of Directors.

Dated at Washington, D.C., this 17th day of

June, 1996.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Deputy Executive Secretary.

[FR Doc. 96–16724 Filed 6–28–96; 8:45 am]

BILLING CODE 6714–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 96–ANM–004]

Amendment of Class E Airspace;

Jackson, WY

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action amends Jackson,

Wyoming, Class E airspace by providing

additional controlled airspace to

accommodate a Global Positioning

System (GPS) Standard Instrument

Approach Procedure (SIAP) to the

Jackson Hole Airport. A correction is

made herein clarifying that the intent of

this rulemaking action is to amend

existing Class E airspace rather than

establish Class E airspace as was stated

in the notice of proposed rulemaking

action. A minor correction is also being

made to the geographic position

coordinates of the Jackson Hole Airport.

EFFECTIVE DATE: 0901 UTC, October 10,

1996.

FOR FURTHER INFORMATION CONTACT:

James C. Frala, Operations Branch,

ANM–532.4, Federal Aviation

Administration, Docket No. 96–ANM–

004, 1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

number: (206) 227–2535.

SUPPLEMENTARY INFORMATION:

History

On April 22, 1996, the FAA proposed

to amend part 71 of the Federal Aviation

Regulations (14 CFR part 71) to amend

Class E airspace at Jackson, Wyoming,

by providing additional controlled

airspace to accommodate a new GPS

SIAP to the Jackson Hole Airport (61 FR

17606). A correction is made herein

clarifying that the intent of this action

is to amend existing Class E airspace

rather than establish Class E airspace as

was stated in the notice of proposed

rulemaking action. A minor correction

is also being made to the geographical

position coordinates of the Jackson Hole

Airport.

Interested parties were invited to

participate in the rulemaking

proceeding by submitting written

comments on the proposal. No

comments were received.

The coordinates for this airspace

docket are based on North American

Datum 83. Class E 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 listed in this

document will be published

subsequently in the Order.

The Rule

This amendment to part 71 of Federal

Aviation Regulations amends Class E

airspace at Jackson, Wyoming. The FAA

has determined that this regulation only

involves an established body of

technical regulations for which frequent

and routine amendments are necessary

to keep them operationally current. It,

therefore, (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 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).

Adoption of the Amendment

In consideration of the foregoing, the

FAA amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

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 the 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.

* * * * *