11230 Federal Register / Vol. 66, No. 37 / Friday, February 23, 2001 / Rules and Regulations

the Board finds that, pursuant to 5

U.S.C. 553(b)(3)(B), notice and public

procedures are impracticable,

unnecessary, and contrary to the public

interest; and, pursuant to 5 U.S.C.

553(d)(3), the rule shall be effective

immediately and without 30 days

advance notice of publication. Although

the rule is being issued as an interim

final rule and is effective immediately,

the NCUA Board encourages interested

parties to submit comments.

Regulatory Procedures

Regulatory Flexibility Act

The Regulatory Flexibility Act

requires NCUA to prepare an analysis to

describe any significant economic

impact any regulation may have on a

substantial number of small entities. For

purposes of this analysis, credit unions

under $1 million in assets will be

considered small entities.

The NCUA Board has determined and

certifies that this rule will not have a

significant economic impact on a

substantial number of small entities.

This rule allows FICUs that are

members of Federal Home Loan Banks

to receive advances at lower rates of

interest for the benefit of their members

without any additional regulatory

burden or expense to credit unions.

Accordingly, the NCUA has determined

that a Regulatory Flexibility Analysis is

not required.

Paperwork Reduction Act

NCUA has determined that this rule

does not increase paperwork

requirements under the Paperwork

Reduction Act of 1995 and regulations

of the Office of Management and

Budget.

Small Business Regulatory Enforcement

Fairness Act

The Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub.

L. 104–121) provides generally for

congressional review of agency rules. A

reporting requirement is triggered in

instances where NCUA issues a final

rule as defined by Section 551 of the

Administrative Procedures Act. 5 U.S.C.

551. The Office of Management and

Budget has determined that this is not

a major rule.

Executive Order 13132

Executive Order 13132 encourages

independent regulatory agencies to

consider the impact of their regulatory

actions on state and local interests. In

adherence to fundamental federalism

principles, NCUA, an independent

regulatory agency as defined in 44

U.S.C. 3502(5), voluntarily complies

with the executive order. This rule will

apply to some state-chartered credit

unions, but it will not have substantial

direct effect 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. NCUA has

determined that this rule does not

constitute a policy that has federalism

implications for purposes of the

executive order.

Agency Regulatory Goal

NCUA’s goal is to promulgate clear

and understandable regulations that

impose minimal regulatory burden. We

request your comments on whether this

rule is understandable and minimally

intrusive.

List of Subjects in 12 CFR Part 709

Credit unions, Liquidations.

By the National Credit Union

Administration Board, on February 15, 2001.

Becky Baker,

Secretary of the Board.

For the reasons stated above, NCUA

amends 12 CFR part 709 as follows:

PART 709—INVOLUNTARY

LIQUIDATION OF FEDERAL CREDIT

UNIONS AND ADJUDICATION OF

CREDITOR CLAIMS INVOLVING

FEDERALLY-INSURED CREDIT

UNIONS IN LIQUIDATION

1. The authority citation for part 709

continues to read as follows:

Authority: 12 U.S.C. 1757, 1766, 1767,

1786, 1787, 1788, 1789, 1789a.

2. Amend § 709.0 by revising the first

sentence to read as follows:

§ 709.0 Scope.

The rules and procedures in this part

apply to charter revocations of federal

credit unions under 12 U.S.C.

1787(a)(1)(A), (B), the involuntary

liquidation and adjudication of creditor

claims in all cases involving federallyinsured credit unions, the treatment by

the Board as conservator or liquidating

agent of financial assets transferred in

connection with a securitization or

participation or of public funds held by

a federally-insured credit union, and the

allowance of prepayment fees to Federal

Home Loan Banks under specified

conditions. * * *

3. Add § 709.12 to part 709 to read as

follows:

§ 709.12 Prepayment Fees to Federal

Home Loan Bank.

The Board as conservator or

liquidating agent of a federally-insured

credit union in receipt of any extension

of credit from a Federal Home Loan

Bank will allow a claim for a

prepayment fee by the Bank if:

(a) The claim is made pursuant to a

written contract that provides for a

prepayment fee but the prepayment fee

allowed by the Board will not exceed

the present value of the loss attributable

to the difference between the contract

rate of the secured borrowing and the

reinvestment rate then available to the

Bank; and

(b) The indebtedness owed to the

Bank is secured by sufficient collateral

in which a perfected security interest in

favor of the Bank exists or as to which

the Bank’s security interest is entitled to

priority under section 306(d) of the

Competitive Equality Banking Act of

1987, 12 U.S.C. 1430(e) footnote (1), or

otherwise so that the aggregate of the

outstanding principal on the advances

secured by the collateral, the accrued

but unpaid interest on the outstanding

principal and the prepayment fee

applicable to the advances can be paid

in full from the amounts realized from

the collateral. For purposes of this

paragraph, the adequacy of the collateral

will be determined as of the date the

prepayment fees are due and payable

under the terms of the written contract.

[FR Doc. 01–4361 Filed 2–22–01; 8:45 am]

BILLING CODE 7535–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–ANM–33]

RIN 2120–AA66

Revision of Legal Descriptions of

Multiple Federal Airways in the Vicinity

of Douglas; WY

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action amends the legal

descriptions of three Federal airways

that use the Douglas, WY, Very High

Frequency Omnidirectional Range/

Distance Measuring Equipment (VOR/

DME) in their route structure. Currently,

the Douglas VOR/DME and the

Converse County, WY, Airport share the

same location identifier. The fact that

the VOR/DME and the airport are not

collocated has led to confusion among

users. To eliminate this confusion, the

Douglas VOR/DME will be renamed the

‘‘Hipsher VOR/DME,’’ and all the

airways with ‘‘Douglas VOR/DME’’

included in their legal descriptions will

be amended, concurrent with the

Federal Register / Vol. 66, No. 37 / Friday, February 23, 2001 / Rules and Regulations 11231

effective date of this final rule, to reflect

the name change.

EFFECTIVE DATE: 0901 UTC, May 17,

2001.

FOR FURTHER INFORMATION CONTACT: Ken

McElroy, Airspace and Rules Division,

ATA–400, Office of Air Traffic Airspace

Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

The Rule

This action amends 14 CFR part 71

(part 71) by changing the legal

descriptions of three Federal airways

that have ‘‘Douglas VOR/DME’’

included as part of their route structure.

Currently, the Douglas VOR/DME and

the Converse County, WY Airport share

the same location identifier. The fact

that the VOR/DME and the airport are

not collocated has led to confusion

among users. To eliminate this

confusion, the Douglas VOR/DME will

be renamed the ‘‘Hipsher VOR/DME,’’

and all the airways with ‘‘Douglas VOR/

DME’’ included in their legal

descriptions will be amended to reflect

the name change. The name change of

the VOR/DME will coincide with the

effective date of this rulemaking action.

Since this action merely involves

editorial changes in the legal

description of three Federal airways,

and does not involve a change in the

dimensions or operating requirements of

that airspace, notice and public

procedure under 5 U.S.C. 553(b) are

unnecessary.

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. Therefore, this regulation: (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.

Domestic VOR Federal airways are

published in paragraph 6010(a) of FAA

Order 7400.9H, dated September 1,

2000, and effective September 16, 2000,

which is incorporated by reference in 14

CFR 71.1. The airways listed in this

document would be published

subsequently in the order.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E, AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for 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.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9H,

Airspace Designations and Reporting

Points, dated September 1, 2000, and

effective September 16, 2000, is

amended as follows:

Paragraph 6010(a)—Domestic VOR

Federal Airways

* * * * *

V–247 [Revised]

From Scottsbluff, NE, 75 MSL, INT

Scottsbluff 307° and Hipsher, WY, 109°

radials, 75 MSL, Hipsher; 90 miles 75 MSL,

Crazy Woman, WY; INT Crazy Woman 347°

and Sheridan, WY, 137° radials; Sheridan;

INT Sheridan 327° and Billings, MT, 116°

radials; Billings; INT Billings 301° and

Helena, MT, 089° radials; to Helena.

* * * * *

V–254 [Revised]

From Hipsher, WY, via Gillette, WY, via

Miles City, MT; to Glasgow, MT.

* * * * *

V–547 [Revised]

From Cheyenne, WY; INT Cheyenne 002°

and Hipsher 152° radials; Hipsher, WY; to

Casper, WY.

* * * * *

Issued in Washington, DC, on February 15,

2001.

Reginald C. Matthews,

Manager, Airspace and Rules Division.

[FR Doc. 01–4542 Filed 2–22–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Part 101

[Docket No.: 000609172–1040–03]

RIN 0607–AA33

Report of Tabulations of Population to

States and Localities Pursuant to 13

U.S.C. 141(c) and Availability of Other

Population Information; Revocation of

Delegation of Authority

AGENCY: Department of Commerce.

ACTION: Final rule.

SUMMARY: The Secretary of Commerce is

issuing a final rule to revoke a

delegation of authority to the Director of

the Census. By that delegation the

Secretary authorized the Director of the

Census to make a determination

regarding the methodology to be used in

calculating the tabulations of population

to be reported to States and localities

pursuant to 13 U.S.C. 141(c). This final

rule will require that this determination

be made by the Secretary, and

establishes an open and fair decisionmaking process.

DATES: This rule is effective February

23, 2001.

FOR FURTHER INFORMATION CONTACT:

Alden F. Abbott, Acting General

Counsel, U.S. Department of Commerce,

(202) 482–1328.

SUPPLEMENTARY INFORMATION: Through

the Census Act, which is codified in

title 13 of the United States Code,

Congress has delegated to the Secretary

of Commerce its broad constitutional

authority over the decennial census (see

U.S. Constitution Art. I, Sec. 2, Cl.3). On

October 6, 2000, the Commerce

Department issued a final rule that set

forth how the Bureau of the Census will

carry out its responsibilities to report

tabulations of population to States and

localities pursuant to the Census Act.

See 65 FR 59712 (October 6, 2000). That

rule established a process for the release

of data to the States and codified the

process by which a committee of senior

career officials of the Census Bureau

would advise the Director of the Census.

In addition, that rule contained a

delegation of authority from the

Secretary to the Director of the Census

to make a determination regarding the

methodology to be used in calculating

the tabulations of population to be

reported to States and localities

pursuant to 13 U.S.C. 141(c).

The October 6, 2000, final rule

delegated the methodological

determination to the Census Director.

Reflecting the character of its