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Federal Register / Vol. 70, No.

76 / Thursday, April 21, 2005 / Rules and Regulations 20703

(33) Where appropriate, borrowers 1728F–803 to 1728F–811), may be Programs Affected


may replace a cutout (item ‘‘af’’) and an purchased from the Superintendent of
arrester (item ‘‘ae’’) with a combination Documents, U.S. Government Printing The Catalog of Federal Domestic
cutout/arrester (item ‘‘ax’’) without Office, Washington, DC 20402. * * * Assistance programs affected by this
additional review and approval by RUS. action are 10.406—Farm Operating
* * * * *
The material for the assembly needs to (b) List of Bulletins. Loans and 10.407—Farm Ownership
be changed accordingly. Loans.
* * * * *
(34) Additional information was Bulletin 1728F–804 (D–804), Intergovernmental Consultation
added to the ‘‘Specifications for Pole Specification and Drawings for
Top Assemblies’’ stating that for NESC 12.47/7.2 kV Line Construction October Programs with Catalog Federal
Grade B construction, the permitted line 2005. Domestic Assistance numbers 10.406
angles referenced on the pole top and 10.407 are not subject to the
* * * * *
assemblies may need to be reduced provisions of E.O. 12372 which requires
based on the design engineer’s Dated: March 28, 2005. intergovernmental consultation with
calculations. Curtis M. Anderson, State and local officials.
(35) Whereas the drawings for pole Acting Administrator, Rural Utilities Service.
top assemblies do not show the Civil Justice Reform
[FR Doc. 05–7920 Filed 4–20–05; 8:45 am]
permitted transverse load on the BILLING CODE 3410–15–M This final rule has been reviewed
assemblies, the subtitles of the tables in under E.O. 12988, Civil Justice Reform.
Exhibit 1 referenced in the design When published: (1) Unless otherwise
parameters on the drawings specify the DEPARTMENT OF AGRICULTURE specifically provided, all State and local
permitted transverse loads. laws that are in conflict with this rule
(36) The alleged errors regarding the Rural Housing Service
will be preempted; (2) no retroactive
‘‘wild leg’’ and the high side grounding
effect will be given this rule except as
on guide drawing G3.1G were checked Rural Business—Cooperative Service
specifically prescribed in the rule; and
and determined to be correct as drawn.
Electronic (pdf) copies of this final (3) administrative proceedings of the
Rural Utilities Service
rule and the new bulletin are available National Appeals Division (7 CFR part
on the RUS Web site at http:// 11) must be exhausted before litigation
Farm Services Agency
www.usda.gov/rus/electric/regs/ against the Department is instituted.
index.htm. Electronic and printed 7 CFR Part 1955 Paperwork Reduction Act
copies of the bulletin are also available
from Publications Office, Program Management of Property There are no new reporting and
Development and Regulatory Analysis, recordkeeping requirements associated
AGENCIES: Rural Housing Service, Rural
Rural Utilities Service, U.S. Department with this rule.
Business—Cooperative Service, Rural
of Agriculture, 1400 Independence Ave., Utilities Service and Farm Service Unfunded Mandates Reform Act
SW., Washington, DC 20250–1522. Agency, USDA.
List of Subjects in 7 CFR Part 1728 ACTION: Final rule.
Title II of the Unfunded Mandate
Reform Act of 1995 (UMRA), Public
Electric power, Incorporation by SUMMARY: The Rural Housing Service Law (Pub. L.) 104–4, establishes
reference, Loan programs-energy, Rural (RHS) is amending this regulation to requirements for Federal agencies to
areas. remove an incorrect reference. The assess the effects of their regulatory
■ For reasons set out in the preamble, intended effect of this change is to actions on State, local, and tribal
chapter XVII of title 7 of the Code of ensure that Agency regulations continue governments and the private sector.
Federal Regulations, is amended to read to provide current information. Under section 202 of the UMRA,
as follows: DATES: Effective Date: April 21, 2005. Federal agencies generally must prepare
FOR FURTHER INFORMATION CONTACT: a written statement, including cost-
PART 1728—ELECTRIC STANDARDS benefit analysis, for proposed and final
AND SPECIFICATIONS FOR Brinder Billups, Chief, Policy and
Program Management Branch, rules with ‘‘Federal mandates’’ that may
MATERIALS AND CONSTRUCTION result in expenditures to State, local, or
Procurement Management Division,
■ 1. The authority citation for part 1728 Rural Development, U.S. Department of tribal governments, in the aggregate, or
continues to read as follows: Agriculture, Stop 0741, 1400 to the private sector, or $100 million or
Authority: 7 U.S.C. 901 et seq.; 7 U.S.C. Independence Avenue, SW., more in any 1 year. When such
1921 et seq.; 6941 et seq. Washington, DC 20250–0741, statement is needed for a rule, section
Telephone: (202) 692–0247. 205 of the UMRA generally requires a
■ 2. Section 1728.97 is amended by: Federal agency to identify and consider
■ A. Revising the second sentence in SUPPLEMENTARY INFORMATION:
a reasonable number of regulatory
paragraph (a), and Classification alternatives and adopt the least costly,
■ B. Amending paragraph (b) by more cost-effective, or least burdensome
removing the entries for Bulletin 50–3 This action is not subject to the
provisions of Executive Order (E.O.) alternative that achieves the objectives
and Bulleting 50–6; and adding to the list of the rule.
of bulletins, in numerical order, the entry 12866 since it involves only internal
for Bulletin 1728F–804. Agency management. This action is not This rule contains no Federal
These revisions are to read as follows: published for prior notice and comment mandates (under the regulatory
under the Administrative Procedure Act provisions of Title II of the UMA) for
§ 1728.97 Incorporation by reference of since it involves only internal Agency State, local, and tribal governments or
electric standards and specifications. management and publication for the private sector. Therefore, this rule is
(a) * * * The bulletins containing comment is unnecessary and contrary to not subject to the requirements of
construction standards (50–4 and the public interest. sections 202 and 205 of the UMRA.

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20704 Federal Register / Vol. 70, No. 76 / Thursday, April 21, 2005 / Rules and Regulations

Environmental Impact Statement must be inserted in the contract FEDERAL DEPOSIT INSURANCE
This document has been reviewed in prohibiting the preparer or his/her CORPORATION
accordance with 7 CFR part 1940, associates from doing the repair work.
subpart G, ‘‘Environmental Program.’’ It * * * * * 12 CFR Part 347
is the determination of RHS that the Dated: April 4, 2005. RIN 3064–AC85
proposed action does not constitute a
Gilbert Gonzalez,
major Federal action significantly International Banking
affecting the quality of the environment Under Secretary, Rural Development.
and in accordance with the National Dated: April 11, 2005. AGENCY: Federal Deposit Insurance
Environmental Policy Act of 1969, J.B. Penn, Corporation (FDIC).
Public Law 91–190, an Environmental Under Secretary, Farm and Foreign ACTION: Final rule; correction.
Impact Statement is not required. Agricultural Service.
SUMMARY: The Federal Deposit
Executive Order 13132, Federalism [FR Doc. 05–7982 Filed 4–20–05; 8:45 am] Insurance Corporation published in the
The policies contained in this rule do BILLING CODE 3410–XV–P Federal Register of April 6, 2005, a final
not have any substantial direct effect on rule amending parts 303, 325, and 327
States, on the relationship between the and revising subparts A and B of part
National Government and the States, or 347. The regulations contained in
FEDERAL RESERVE SYSTEM subpart C of part 347 were not included
on the distribution of power and
responsibilities among the various in the publication. This document
12 CFR Part 225 corrects the final rule by adding the
levels of government. Nor does this rule
impose a substantial direct compliance regulations in subpart C of part 347 to
cost on State and local governments. [Regulation Y] the regulatory text.
Therefore, consultation with the States DATES: Effective on July 1, 2005.
is not required. Bank Holding Companies and Change
in Bank Control FOR FURTHER INFORMATION CONTACT:
List of Subjects in Part 1955 Rodney D. Ray, Counsel, Legal Division,
AGENCY: Board of Governors of the (202) 898–3556 or rray@fdic.gov,
Government acquired property,
Federal Reserve System (Board). Federal Deposit Insurance Corporation,
Government property management.
550 17th Street, NW., Washington, DC
■ Accordingly, Chapter XVIII, Title 7, ACTION: Final rule; correction. 20429.
Code of Federal Regulations, is amended
as follows: SUMMARY: This correction amends a
SUPPLEMENTARY INFORMATION: The
footnote reference in the text of 12 CFR Federal Deposit Insurance Corporation
PART 1955—PROPERTY part 225, Appendix A. published in the Federal Register of
MANAGEMENT April 6, 2005, a final rule amending
DATES: Effective on April 21, 2005. parts 303, 325, and 327 and revising
■ 1. The authority citation for part 1955
subparts A and B of part 347. Although
continues to read as follows: FOR FURTHER INFORMATION CONTACT: John
the regulations in subpart C of part 347
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 F. Connolly, Senior Supervisory
were listed in the Table of Contents for
U.S.C. 1480. Financial Analyst (202–452–3621 or
part 347, the regulatory text of subpart
john.f.connolly@frb.gov), Division of
C was not contained in the final rule.
Subpart B—Management of Property Banking Supervision and Regulation.
This document corrects the final rule by
For users of Telecommunications
■ 2. Section 1955.65 is amended by adding the regulations in subpart C of
Device for the Deaf (TDD) only, contact
revising paragraph (c)(3) to read as part 347 to the regulatory text.
202–263–4869.
follows: ■ In the final rule published on April 6,
SUPPLEMENTARY INFORMATION: 2005, (70 FR 17550) make the following
§ 1955.65 Management of inventory and/or
■ In part 225, Appendix A, Section III, correction. On page 17572, in the third
custodial real property.
D.1.b., footnote reference 52 in the text column after section 347.216, add
* * * * * Subpart C to read as follows:
(c) * * * should be redesignated as footnote
(3) Specification of services. All reference 55. The correction reads as
Subpart C—International Lending
management contracts will provide for follows:
termination by either the contractor or Appendix A to Part 225—Capital
§ 347.301 Purpose, authority, and scope.
the Government upon 30 days written Adequacy Guidelines for Banking Under the International Lending
notice. Contracts providing for Holding Companies: Risk-Based Supervision Act of 1983 (Title IX, Pub.
management of multiple properties will Measure [Corrected] L. 98–181, 97 Stat. 1153) (12 U.S.C.
also provide for properties to be added 3901 et seq.) (ILSA), the Federal Deposit
or removed from the contractor’s III. * * * Insurance Corporation prescribes the
assignment whenever necessary, such as D. * * * regulations in this subpart relating to
when a property is acquired or taken international lending activities of banks.
into custody during the period of a 1. * * *
contract or when a property is sold from b. * * * 55 * * * § 347.302 Definitions.
inventory. If a contractor prepares repair For the purposes of this subpart:
By order of the Board of Governors of the
specifications, that contractor will be (a) Administrative cost means those
Federal Reserve System, April 15, 2005.
excluded from the solicitation for costs which are specifically identified
Jennifer J. Johnson, with negotiating, processing and
making the repairs to avoid a conflict of
interest. Secretary of the Board. consummating the loan. These costs
If a management contract calls for [FR Doc. 05–8020 Filed 4–20–05; 8:45 am] include, but are not necessarily limited
specification writing services, a clause BILLING CODE 6210–01–P to: legal fees; costs of preparing and

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