January 26, 2012 – Federal Register Recent Federal Regulation Documents

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Oral Dosage Form New Animal Drugs; Deracoxib
Document Number: 2012-1622
Type: Rule
Date: 2012-01-26
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Novartis Animal Health U.S., Inc. The supplemental NADA provides for veterinary prescription use of deracoxib tablets in dogs for the control of postoperative pain and inflammation associated with dental surgery and the addition of a 12-milligram (mg) size tablet.
Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978
Document Number: 2012-1619
Type: Notice
Date: 2012-01-26
Agency: National Science Foundation, Agencies and Commissions
The National Science Foundation (NSF) is required to publish a notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978 Public Law 95-541. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 670 of the Code of Federal Regulations. This is the required notice of permit applications received.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Non-American Fisheries Act Crab Vessels Operating as Catcher/Processors Using Pot Gear in the Western Regulatory Area of the Gulf of Alaska
Document Number: 2012-1618
Type: Rule
Date: 2012-01-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is opening directed fishing for Pacific cod by non- American Fisheries Act (AFA) crab vessels operating as catcher/ processors using pot gear in the Western Regulatory Area of the Gulf of Alaska (GOA) for seven days. This action is necessary to fully use the A season allowance of the 2012 Pacific cod sideboard limit established for non-AFA crab vessels operating as catcher/processors using pot gear in the Western Regulatory Area of the GOA.
Submission for OMB Review; Comment Request
Document Number: 2012-1617
Type: Notice
Date: 2012-01-26
Agency: Securities and Exchange Commission, Agencies and Commissions
Formations of, Acquisitions by, and Mergers of Bank Holding Companies
Document Number: 2012-1616
Type: Notice
Date: 2012-01-26
Agency: Federal Reserve System, Agencies and Commissions
Privacy Act of 1974; System of Records
Document Number: 2012-1615
Type: Notice
Date: 2012-01-26
Agency: Department of Defense, Office of the Secretary
The U.S. Central Command is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Combined Notice of Filings #2
Document Number: 2012-1614
Type: Notice
Date: 2012-01-26
Agency: Department of Energy, Federal Energy Regulatory Commission
Combined Notice of Filings #1
Document Number: 2012-1613
Type: Notice
Date: 2012-01-26
Agency: Department of Energy, Federal Energy Regulatory Commission
Combined Notice of Filings #1
Document Number: 2012-1611
Type: Notice
Date: 2012-01-26
Agency: Department of Energy, Federal Energy Regulatory Commission
Intent To Request Renewal From OMB of One Current Public Collection of Information: Aircraft Operator Security
Document Number: 2012-1609
Type: Notice
Date: 2012-01-26
Agency: Department of Homeland Security, Transportation Security Administration
The Transportation Security Administration (TSA) invites public comment on one currently approved Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0003, abstracted below, that TSA will submit to OMB for renewal in compliance with the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. Aircraft operators must adopt and implement a TSA-approved security program. These programs require aircraft operators to maintain and update records to ensure compliance with security provisions outlined in 49 CFR part 1544.
Extension of Agency Information Collection Activity Under OMB Review: TSA Customer Comment Card
Document Number: 2012-1608
Type: Notice
Date: 2012-01-26
Agency: Department of Homeland Security, Transportation Security Administration
This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0030, abstracted below, to OMB for review and approval of an extension of the currently-approved collection under the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on September 21, 2011 (76 FR 58532). TSA uses a customer comment card to collect passenger comments at airports, including complaints, compliments, and suggestions.
Approval and Promulgation of Air Quality Implementation Plans; Illinois; Regional Haze
Document Number: 2012-1606
Type: Proposed Rule
Date: 2012-01-26
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Illinois State Implementation Plan (SIP) addressing regional haze for the first implementation period. Illinois submitted its regional haze plan on June 24, 2011. The Illinois regional haze plan addresses Clean Air Act (CAA) section 169B and Regional Haze Rule requirements for states to remedy any existing and prevent future anthropogenic impairment of visibility at mandatory Class I areas. EPA is also proposing to approve two state rules and incorporating two permits into the SIP.
Agency Information Collection Activities; Proposed Collection; Comment Request; Annual Reporting Requirements for the Older American Act Title VI Grant Program
Document Number: 2012-1605
Type: Notice
Date: 2012-01-26
Agency: Aging Administration, Department of Health and Human Services
The Administration on Aging (AoA) is announcing an opportunity for public comment on the proposed extension of an existing collection of information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection requirements relating to Performance Reports for Title VI grants.
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Regional Haze
Document Number: 2012-1604
Type: Proposed Rule
Date: 2012-01-26
Agency: Environmental Protection Agency
EPA is proposing a limited approval of revisions to the Indiana State Implementation Plan (SIP) addressing regional haze for the first implementation period. Indiana submitted its regional haze plan on January 14, 2011, and supplemented it on March 10, 2011. The Indiana regional haze plan addresses the requirements of the Clean Air Act (CAA or Act) and Regional Haze Rule (RHR) requirements for states to remedy any existing and prevent future anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``regional haze program''). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is proposing a limited approval of these SIP revisions to implement the regional haze requirements for Indiana on the basis that the revisions, as a whole, strengthen the Indiana SIP. In a separate action, EPA has previously proposed a limited disapproval of the Indiana regional haze SIP because of the deficiencies in Indiana's regional haze SIP submittal arising from the remand by the U.S. Court of Appeals for the District of Columbia (D.C. Circuit) to EPA of the Clean Air Interstate Rule (CAIR). Consequently, we are not proposing to take action in this notice to address the state's reliance on CAIR to meet certain regional haze requirements.
Annual Update of the HHS Poverty Guidelines
Document Number: 2012-1603
Type: Notice
Date: 2012-01-26
Agency: Department of Health and Human Services, Office of the Secretary
This notice provides an update of the Department of Health and Human Services (HHS) poverty guidelines to account for last calendar year's increase in prices as measured by the Consumer Price Index.
Agency Information Collection Activities: Submitted for Office of Management and Budget (OMB) Review; Comment Request
Document Number: 2012-1601
Type: Notice
Date: 2012-01-26
Agency: Department of the Interior, U.s. Geological Survey
To comply with the Paperwork Reduction Act of 1995 (PRA), the U.S. Geological Survey (USGS) is inviting comments on an information collection request (ICR) that we have sent to the Office of Management and Budget (OMB) for review and approval. The ICR concerns the paperwork requirements for the National Land Remote Sensing Education, Outreach and Research Activity (NLRSEORA) and describes the nature of the collection and the estimated burden and cost. As required by the PRA, and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this ICR. This Information Collection is scheduled to expire on February 29, 2012.
Prices for 2012 Infantry Soldier Silver Dollar and 2012 Star-Spangled Banner Commemorative Coin Program Products
Document Number: 2012-1599
Type: Notice
Date: 2012-01-26
Agency: United States Mint, Department of Treasury, Department of the Treasury
The United States Mint is announcing pricing for the 2012 Infantry Soldier Silver Dollar and 2012 Star-Spangled Banner Commemorative Coin Program products. Prices for the silver products are in the table below. The attached grid is the pricing for products that include gold coins based on the market price of gold.
Privacy Act of 1974; System of Records
Document Number: 2012-1596
Type: Notice
Date: 2012-01-26
Agency: Department of Commerce
In accordance with the Privacy Act of 1974, as amended, Title 5 United States Code (U.S.C.) 552a(e)(4) and (11); and Office of Management and Budget (OMB) Circular A-130, Appendix I, ``Federal Agency Responsibilities for Maintaining Records About Individuals,'' the Department of Commerce is issuing notice of intent to amend the system of records COMMERCE/CENSUS-3, Individual and Household Statistical Surveys and Special Studies Records. This amendment would change the name of the system of records to ``Special Censuses, Surveys, and Other Studies;'' amend certain provisions concerning the purpose of the system of records; update categories of individuals and records covered by the system; change procedures governing retrieval, storage, retention, disposal, and safeguards of the records in the system; and make other minor administrative updates. Accordingly, the system notice for COMMERCE/CENSUS-3, Individual and Household Statistical Surveys and Special Studies Records published in the Federal Register on November 01, 2002 (67 FR 66608) is amended as below. We invite public comment on the system amendment announced in this publication.
Privacy Act of 1974; Altered System of Records
Document Number: 2012-1595
Type: Notice
Date: 2012-01-26
Agency: Department of Commerce
In accordance with the Privacy Act of 1974, as amended, Title 5 United States Code (U.S.C.) 552a(e)(4) and (11); and Office of Management and Budget (OMB) Circular A-130, Appendix I, ``Federal Agency Responsibilities for Maintaining Records About Individuals'', the Department of Commerce is issuing notice of intent to amend the system of records entitled COMMERCE/CENSUS-4, ``Minority-Owned Business Enterprises Survey Records.'' This amendment would change the name of the system of records to ``Economic Survey Collection;'' would amend certain provisions concerning the purpose of the system of the records, categories of records covered by the system, routine uses of records maintained in the system, retrievability, and safeguards of records in the systems; and would make other minor administrative updates. Accordingly, the COMMERCE/CENSUS-4, Minority-Owned Business Enterprises Survey Records notice published in the Federal Register on November 1, 2002 (67 FR 66609) is amended as below. We invite public comment on the proposed change in this publication.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings
Document Number: 2012-1594
Type: Notice
Date: 2012-01-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Mid-Atlantic Fishery Management Council (Council) and its Surfclam, Ocean Quahog and Tilefish Committee, its Ecosystem and Ocean Planning Committee, and its Spiny Dogfish Committee will hold public meetings.
Overflight Regulations for the Channel Islands, Monterey Bay, Gulf of the Farallones, and Olympic Coast National Marine Sanctuaries
Document Number: 2012-1593
Type: Rule
Date: 2012-01-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NOAA is amending the regulations for the Channel Islands, Monterey Bay, Gulf of the Farallones, and Olympic Coast National Marine Sanctuaries by requiring that motorized aircraft maintain certain minimum altitudes above specified locations within the boundaries of the listed sanctuaries and stating that failure to comply with these altitude limits is presumed to disturb marine mammals and seabirds and is a violation of the sanctuary regulations.
Privacy Act of 1974; Altered System of Records
Document Number: 2012-1592
Type: Notice
Date: 2012-01-26
Agency: Department of Commerce
In accordance with the Privacy Act of 1974, as amended, Title 5 United States Code (U.S.C.) 552a(e)(4) and (11); and Office of Management and Budget (OMB) Circular A-130, Appendix I, ``Federal Agency Responsibilities for Maintaining Records About Individuals,'' the Department of Commerce is issuing notice of intent to amend the system of records under COMMERCE/CENSUS-6, Population Census Records for 1910 and All Subsequent Decennial Censuses. This amendment would update certain provisions concerning the safeguards for records in the system, update system manager information, and address and minor administrative updates. Accordingly, the COMMERCE/CENSUS-6, Population Census Records for 1910 and All Subsequent Decennial Censuses notice published in the Federal Register on November 1, 2002 (67 FR 66610), is amended as below. We invite public comment on the system amendment announced in this publication.
Submission for OMB Review; Comment Request
Document Number: 2012-1591
Type: Notice
Date: 2012-01-26
Agency: Department of Commerce
Submission for OMB Review; Comment Request
Document Number: 2012-1590
Type: Notice
Date: 2012-01-26
Agency: Department of Commerce
Submission for OMB Review; Comment Request
Document Number: 2012-1589
Type: Notice
Date: 2012-01-26
Agency: Securities and Exchange Commission, Agencies and Commissions
Submission for OMB Review; Comment Request
Document Number: 2012-1588
Type: Notice
Date: 2012-01-26
Agency: Securities and Exchange Commission, Agencies and Commissions
Submission for OMB Review; Comment Request
Document Number: 2012-1587
Type: Notice
Date: 2012-01-26
Agency: Securities and Exchange Commission, Agencies and Commissions
Submission for OMB Review; Comment Request
Document Number: 2012-1585
Type: Notice
Date: 2012-01-26
Agency: Securities and Exchange Commission, Agencies and Commissions
Departmental Offices; Submission for OMB Review, Comment Request
Document Number: 2012-1578
Type: Notice
Date: 2012-01-26
Agency: Department of the Treasury
The Department of the Treasury, on behalf of itself and the United States Bureau of Engraving and Printing (BEP) and as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on an proposed extension to an information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). The BEP intends to request approval from the Office of Management and Budget (OMB) for extension of an existing information collection, titled ``Owner's Affidavit of Partial Destruction of Mutilated Currency.'' The current information collection is assigned OMB Number 1520-0001. The information collection requests owners of partially destroyed U.S. currency to complete a notarized affidavit (BEP Form 5283) for each redemption claim submitted when substantial portions of notes are missing.
Certain Electronic Devices for Capturing and Transmitting Images, and Components Thereof; Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
Document Number: 2012-1576
Type: Notice
Date: 2012-01-26
Agency: International Trade Commission, Agencies and Commissions
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Certain Electronic Devices for Capturing and Transmitting Images, and Components Thereof, DN 2869; the Commission is soliciting comments on any public interest issues raised by the complaint.
Product Change-Priority Mail Negotiated Service Agreement
Document Number: 2012-1574
Type: Notice
Date: 2012-01-26
Agency: Postal Service, Agencies and Commissions
The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.
U.S. Department of Agriculture Multi-Family Housing Program 2012 Industry Forums-Open Teleconference and/or Web Conference Meetings
Document Number: 2012-1573
Type: Notice
Date: 2012-01-26
Agency: Department of Agriculture, Rural Housing Service
This Notice announces a series of teleconferences and/or Web conference meetings regarding the USDA Multi-Family Housing Program. The teleconference and/or Web conference meetings will be scheduled on a quarterly basis, but may be held monthly at the Agency's discretion. This Notice also outlines suggested discussion topics for the meetings and is intended to notify the general public of their opportunity to participate in the teleconference and/or Web conference meetings.
Agency Information Collection Activities: Post-Award Contract Information
Document Number: 2012-1571
Type: Notice
Date: 2012-01-26
Agency: Department of Homeland Security
The Department of Homeland Security, Office of Chief Procurement Officer, DHS will submit the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). DHS previously published this information collection request (ICR) in the Federal Register on August 31, 2011 at 76 FR 54242 for a 60-day public comment period. No comments were received by DHS. The purpose of this notice is to allow additional 30-days for public comments.
Information Reporting by Passport Applicants
Document Number: 2012-1567
Type: Proposed Rule
Date: 2012-01-26
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations that provide information reporting rules for certain passport applicants. These regulations do not provide information reporting rules for individuals applying to become permanent residents (green card holders). This document also withdraws the notice of proposed rulemaking (57 FR 61373) published in the Federal Register on December 24, 1992.
National Environmental Policy Act Compliance for Proposed Tower Registrations; Effects of Communications Towers on Migratory Birds
Document Number: 2012-1535
Type: Rule
Date: 2012-01-26
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (FCC or Commission) adopts a rule that affects the process of tower construction by instituting a pre-application notification process so that members of the public will have a meaningful opportunity to comment on the environmental effects of proposed antenna structures that require registration with the Commission. As an interim measure pending completion of a programmatic environmental analysis and subsequent rulemaking proceeding, the Commission also requires that an EA be prepared for any proposed tower over 450 feet in height.
Approval and Promulgation of Air Quality Implementation Plans; Oklahoma; Infrastructure Requirements for 1997 8-Hour Ozone and the 1997 and 2006 PM2.5
Document Number: 2012-1534
Type: Rule
Date: 2012-01-26
Agency: Environmental Protection Agency
EPA is approving submittals from the State of Oklahoma pursuant to the Clean Air Act (CAA or the Act) that address the infrastructure elements specified in the CAA, necessary to implement, maintain, and enforce the 1997 8-hour ozone and the 1997 and 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or standards). This action is being taken under the CAA.
Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Regional Haze State Implementation Plan
Document Number: 2012-1512
Type: Proposed Rule
Date: 2012-01-26
Agency: Environmental Protection Agency
EPA is proposing limited approval of a revision to the Pennsylvania State Implementation Plan (SIP) submitted by the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP) on December 20, 2010 that addresses regional haze for the first implementation period. This revision addresses the requirements of the Clean Air Act (CAA) and EPA's rules that require states to prevent any future, and remedy any existing, anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``regional haze program''). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is proposing a limited approval of this SIP revision to implement the regional haze requirements for Pennsylvania on the basis that the revisions, as a whole, strengthen the Pennsylvania SIP. EPA is also proposing to approve this revision as meeting the infrastructure requirements relating to visibility protection for the 1997 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) and the 1997 and 2006 fine particulate matter (PM2.5) NAAQS. In a separate action, EPA has previously proposed a limited disapproval of the Pennsylvania regional haze SIP because of deficiencies in the Commonwealth's regional haze SIP submittal arising from the remand by the U.S. Court of Appeals for the District of Columbia (DC Circuit) to EPA of the Clean Air Interstate Rule (CAIR), see 76 FR 82219, December 30, 2011. Consequently, we are not taking action in this notice to address the Commonwealth's reliance on CAIR to meet certain regional haze requirements.
Rules for Investigations Relating to Global and Bilateral Safeguards Actions, Market Disruption, Trade Diversion, and Review of Relief Actions
Document Number: 2012-1500
Type: Rule
Date: 2012-01-26
Agency: International Trade Commission, Agencies and Commissions
The United States International Trade Commission (Commission) is adopting interim rules that amend the Commission's Rules of Practice and Procedure to make technical amendments and to provide rules for the conduct of safeguard investigations under statutory provisions that implement bilateral safeguard provisions in free trade agreements that the United States has negotiated with Australia, Bahrain, Chile, Colombia, the Dominican Republic and five Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua), Jordan, Korea, Morocco, Oman, Panama, Peru, and Singapore. With the exception of the free trade agreements with Colombia, Korea, and Panama, all of the aforementioned free trade agreements have entered into force. The free trade agreements with Colombia, Korea, and Panama are expected to enter into force imminently. The interim rules would amend and expand upon current rules that pertain to the conduct of bilateral safeguard investigations under the North American Free Trade Agreement (NAFTA) Implementation Act with respect to imports from Canada and Mexico.
Scientific Information Request on the Use of Natriuretic Peptide Measurement in the Management of Heart Failure
Document Number: 2012-1403
Type: Notice
Date: 2012-01-26
Agency: Agency for Healthcare Research and Quality, Department of Health and Human Services
The Agency for Healthcare Research and Quality (AHRQ) is seeking scientific information submissions from medical device manufacturers of natriuretic peptide measurement assays. Scientific information is being solicited to inform our Comparative Effectiveness Review of Use of Natriuretic Peptide Measurement in the Management of Heart Failure, which is currently being conducted by the Evidence-based Practice Centers for the AHRQ Effective Health Care Program. Access to published and unpublished pertinent scientific information on this device will improve the quality of this comparative effectiveness review. AHRQ is requesting this scientific information and conducting this comparative effectiveness review pursuant to Section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173.
Agency Information Collection Activities: Proposed Collection; Comment Request
Document Number: 2012-1402
Type: Notice
Date: 2012-01-26
Agency: Agency for Healthcare Research and Quality, Department of Health and Human Services
This notice announces the intention of the Agency for Healthcare Research and Quality (AHRQ) to request that the Office of Management and Budget (OMB) approve the proposed information collection project: ``Assessing the Feasibility of Disseminating Effective Health Center Products through Mobile Phone Applications.'' In accordance with the Paperwork Reduction Act, 44 U.S.C. 3501-3521, AHRQ invites the public to comment on this proposed information collection. This proposed information collection was previously published in the Federal Register on November 15th, 2011 and allowed 60 days for public comment. No comments were received. The purpose of this notice is to allow an additional 30 days for public comment.
Agency Information Collection Activities: Proposed Collection; Comment Request
Document Number: 2012-1400
Type: Notice
Date: 2012-01-26
Agency: Agency for Healthcare Research and Quality, Department of Health and Human Services
This notice announces the intention of the Agency for Healthcare Research and Quality (AHRQ) to request that the Office of Management and Budget (OMB) approve the proposed information collection project: ``Nursing Home Survey on Patient Safety Culture Comparative Database.'' In accordance with the Paperwork Reduction Act, 44 U.S.C. 3501-3521, AHRQ invites the public to comment on this proposed information collection. This proposed information collection was previously published in the Federal Register on November 2nd, 2011 and allowed 60 days for public comment. No comments were received. The purpose of this notice is to allow an additional 30 days for public comment.
Agency Information Collection Activities: Proposed Collection; Comment Request
Document Number: 2012-1398
Type: Notice
Date: 2012-01-26
Agency: Agency for Healthcare Research and Quality, Department of Health and Human Services
This notice announces the intention of the Agency for Healthcare Research and Quality (AHRQ) to request that the Office of Management and Budget (OMB) approve the proposed information collection project: ``Assessing the Feasibility of Disseminating Effective Health Care Products through a Shared Electronic Medical Record Serving Member Organization of a Health Information Exchange.'' In accordance with the Paperwork Reduction Act, 44 U.S.C. 3501-3521, AHRQ invites the public to comment on this proposed information collection. This proposed information collection was previously published in the Federal Register on November 15th, 2011 and allowed 60 days for public comment. No comments were received. The purpose of this notice is to allow an additional 30 days for public comment.
Mortgage Assets Affected by PACE Programs
Document Number: 2012-1345
Type: Proposed Rule
Date: 2012-01-26
Agency: Federal Housing Finance Agency
The Federal Housing Finance Agency (``FHFA'') hereby issues this Advance Notice of Proposed Rulemaking (``ANPR'') concerning mortgage assets affected by Property Assessed Clean Energy (``PACE'') programs and Notice of Intent (``NOI'') to prepare an environmental impact statement (``EIS'') under the National Environmental Policy Act (``NEPA'') to address the potential environmental impacts of FHFA's proposed action. The United States District Court for the Northern District of California issued a preliminary injunction ordering FHFA ``to proceed with the notice and comment process'' in adopting guidance concerning mortgages that are or could be affected by PACE programs. Specifically, the California District Court ordered FHFA to ``cause to be published in the Federal Register an Advance Notice of Proposed Rulemaking relating to the statement issued by FHFA on July 6, 2010, and the letter directive issued by FHFA on February 28, 2011, that deal with property assessed clean energy (PACE) programs.'' In response to and compliance with the California District Court's order, FHFA is seeking comment on whether the restrictions and conditions set forth in the July 6, 2010 Statement and the February 28, 2011 Directive should be maintained, changed, or eliminated, and whether other restrictions or conditions should be imposed. FHFA has appealed the California District Court's order to the U.S. Court of Appeals for the Ninth Circuit (the ``Ninth Circuit''). Inasmuch as the California District Court's order remains in effect pending the outcome of the appeal, FHFA is proceeding with the publication of this ANPR and NOI pursuant to that order. The Ninth Circuit has stayed, pending the outcome of FHFA's appeal, the portion of the California District Court's Order requiring publication of a final rule. FHFA reserves the right to withdraw this ANPR and NOI should FHFA prevail in its appeal, and may in that situation continue to address the financial risks FHFA believes PACE programs pose to safety and soundness through means other than notice-and-comment rulemaking.
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