Regulatory Review Plan, 10351-10352 [2012-4056]

Download as PDF 10351 Rules and Regulations Federal Register Vol. 77, No. 35 Wednesday, February 22, 2012 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. FEDERAL HOUSING FINANCE AGENCY [No. 2012–N–01] 12 CFR Chapter XII Regulatory Review Plan Federal Housing Finance Agency. ACTION: Notice of final regulatory review plan. AGENCY: The Federal Housing Finance Agency (FHFA) is issuing a notice of the final FHFA regulatory review plan for review of existing regulations under Executive Order 13579, ‘‘Regulation and Independent Regulatory Agencies,’’ (July 11, 2011). DATES: The effective date of this document is April 23, 2012. FOR FURTHER INFORMATION CONTACT: Alfred M. Pollard, General Counsel, alfred.pollard@fhfa.gov, telephone (202) 649–3050 (not a toll-free number), Federal Housing Finance Agency, Eighth Floor, 400 Seventh Street SW., Washington, DC 20024. The telephone number for the Telecommunications Device for the Deaf is (800) 877–8339. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background wreier-aviles on DSK5TPTVN1PROD with RULES Executive Order 13579 Executive Order 13579, ‘‘Regulation and Independent Regulatory Agencies,’’ (July 11, 2011), requests that each independent regulatory agency, such as FHFA, analyze its existing regulations and modify, streamline, expand, or repeal them in accordance with the findings of the analysis. Executive Order 13579 also requests each independent regulatory agency to make public a plan under which the agency will periodically review its existing significant regulations to make the agency’s regulatory program more VerDate Mar<15>2010 14:56 Feb 21, 2012 Jkt 226001 effective or less burdensome in achieving regulatory objectives. Establishment of FHFA; Transfer and Review of Regulations The Housing and Economic Recovery Act of 2008 (HERA) established FHFA on July 30, 2008, as an independent regulatory agency to supervise and regulate the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), and the Federal Home Loan Banks (collectively, regulated entities), and the Office of Finance of the Federal Home Loan Bank System. HERA transferred to the new agency the employees, functions, and regulations of the Office of Federal Housing Enterprise Oversight (OFHEO), the Federal Housing Finance Board (FHFB), and the Government-Sponsored Enterprise mission team within the U.S. Department of Housing and Urban Development (HUD). HERA and, most recently, the DoddFrank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) mandate that FHFA issue new regulations on specific matters in connection with FHFA’s supervision and regulation of the regulated entities and the Office of Finance. Currently, in determining whether to revise, adopt without change, or repeal transferred OFHEO, FHFB, and certain HUD regulations, FHFA reviews such regulations to determine the appropriate action and publishes the regulations for comment. Public comments provide additional information to FHFA on how to make the regulations more effective and less burdensome. Regulatory Review Plan Under Executive Order 13579 FHFA’s current review of OFHEO, FHFB, and certain HUD regulations is similar to the review it will conduct of existing regulations under Executive Order 13579. The regulatory review plan is set forth below. FHFA will conduct the review of its existing regulations under Executive Order 13579 at least every five years. In light of the recent establishment of FHFA and ongoing regulatory activities mandated by HERA and the Dodd-Frank Act, the first review will begin no later than August 2013, five years after the establishment of FHFA. FHFA regulations published in Chapter XII of Title 12 of the Code of Federal PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Regulations and are also posted on the FHFA Internet Web site at https:// www.fhfa.gov. II. Notice of Regulatory Review Plan FHFA published a notice of its interim regulatory review plan and requested comments on the plan. 76 FR 59066 (September 23, 2011). FHFA received no comments. FHFA is adopting as final the interim regulatory review plan without change. The final regulatory review plan follows. Plan for Review of Existing Regulations Under Executive Order 13579 a. Scope and timing of regulatory reviews. At least every five years, FHFA will conduct a review of the regulations it has issued and that are in effect. The first regulatory review will begin no later than August 2013. b. Factors considered in the regulatory reviews. The regulatory reviews will take into consideration the following factors, as applicable: (1) Legal or regulatory developments, including new laws, executive orders, or judicial decisions that have been adopted since the promulgation of a regulation that make such regulation inefficient, obsolete, contrary to controlling legal precedent, or unduly burdensome; (2) Application by Fannie Mae, Freddie Mac, or a Federal Home Loan Bank (regulated entity) or the Office of Finance of the Federal Home Loan Bank System for revision of a regulation because of reasonably discernible regulatory burden or inefficiency; (3) Marketplace developments, technological evolution and related changes that may have rendered an existing regulation, in whole or in part, inefficient, outmoded, or outdated; (4) Such other occurrences or developments as determined by FHFA to be relevant to a review for inefficiency or unwarranted regulatory burden; (5) Whether the provisions of the regulation are written in plain language or otherwise need clarification; (6) Compelling evidence that a consolidation of two or more regulations, elimination of a duplicative regulation, or other revision to regulatory requirements would facilitate compliance by or supervision of a regulated entity or the Office of Finance; (7) A demonstration of a better alternative method to effect a regulatory E:\FR\FM\22FER1.SGM 22FER1 10352 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Rules and Regulations purpose or requirement supported by compelling evidence of significantly less intrusive means or of a substantially more efficient method of accomplishing the same supervisory purpose; and (8) Such other factors as determined by FHFA to be relevant to determining and evaluating the need for and effectiveness of a particular regulation. c. Regulatory review process.—(1) The regulatory reviews will be conducted by the FHFA Office of General Counsel, under the direction of the General Counsel, and will include internal consultation with other FHFA offices and staff, guidance provided by the FHFA Director, as well as consideration of public comments. (2) A review and report of findings and recommendations will be provided to the FHFA Director on a timely basis. The report of findings and recommendations will be privileged and confidential. (3) After receiving the report of findings and recommendations, the FHFA Director will determine what steps may be necessary to relieve any unnecessary burden, including amendment to or repeal of existing regulations or issuance of less formal guidance. d. No right of action. The regulatory reviews are not formal or informal rulemaking proceedings under the Administrative Procedure Act and create no right of action against FHFA. Moreover, the determination of FHFA to conduct or not to conduct a review of a regulation and any determination, finding, or recommendation resulting from any review are not final agency actions and, as such, are not subject to judicial review. Dated: February 15, 2012. Edward J. DeMarco, Acting Director, Federal Housing Finance Agency. [FR Doc. 2012–4056 Filed 2–21–12; 8:45 am] BILLING CODE 8070–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 wreier-aviles on DSK5TPTVN1PROD with RULES [Docket No. FAA–2010–0956; Directorate Identifier 2010–NM–018–AD; Amendment 39–16951; AD 74–08–09 R3] RIN 2120–AA64 Airworthiness Directives; Various Transport Category Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: VerDate Mar<15>2010 14:56 Feb 21, 2012 Jkt 226001 We are revising an existing airworthiness directive (AD) for transport category airplanes that have one or more lavatories equipped with paper or linen waste receptacles. That AD currently requires installation of placards prohibiting smoking in the lavatory and disposal of cigarettes in the lavatory waste receptacles; establishment of a procedure to announce to airplane occupants that smoking is prohibited in the lavatories; installation of ashtrays at certain locations; and repetitive inspections to ensure that lavatory waste receptacle doors operate correctly. This new AD extends the time an airplane may be operated with certain missing ashtrays. This AD was prompted by the determination that certain compliance times required by the existing AD could be extended and still address fires occurring in lavatories caused by, among other things, the improper disposal of smoking materials in lavatory waste receptacles. We are issuing this AD to correct this unsafe condition on these products. DATES: This AD is effective March 28, 2012. SUMMARY: Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Alan Sinclair, Aerospace Engineer, Airframe/Cabin Safety Branch, ANM– 115, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057–3356; phone: 425– 227–2195; fax: 425–227–1232. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to revise AD 74–08–09 R2, Amendment 39–9680 (61 FR 32318, June 24, 1996). That AD applies to the specified products. The NPRM published in the Federal Register on October 6, 2010 (75 FR 61657). That NPRM proposed to continue to require installation of placards prohibiting PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 smoking in the lavatory and disposal of cigarettes in the lavatory waste receptacles; establishment of a procedure to announce to airplane occupants that smoking is prohibited in the lavatories; installation of ashtrays at certain locations; and repetitive inspections to ensure that lavatory waste receptacle doors operate correctly. That NPRM also proposed to extend the time an airplane may be operated with certain missing ashtrays. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM (75 FR 61657, October 6, 2010) proposal and the FAA’s response to each comment. Support for the NPRM Air Line Pilots Association, International (ALPA), Boeing, and Air Transport Association (ATA) supported the intent of the NPRM (75 FR 61657, October 6, 2010). Request to Credit MPD Task Cards MNG Airlines reported that some airplane manufacturers’ maintenance planning documents (MPDs) include the requirements of AD 74–08–09 R2, Amendment 39–9680 (61 FR 32318, June 24, 1996), in a task card, which the operators add to their own MPDs for their fleet. The commenter requested that we revise the NPRM (75 FR 61657, October 6, 2010) by indicating that, if a manufacturer’s and operator’s MPDs cover a task card, the AD requirements are automatically satisfied. We disagree with the request. Operators determine how to track the implementation and compliance of the AD requirements for their fleet. We do not consider it appropriate to include AD provisions that apply only to certain operators. It is not necessary to change the final rule to include this provision. Request To Clarify Relief Provisions ATA recommended that we simplify and clarify the proposed relief provisions for airplanes having multiple lavatory doors. For those airplanes, ATA recommended that we revise the NPRM (75 FR 61657, October 6, 2010) to provide MMEL (Master Minimum Equipment List) relief for up to—and including—50 percent of the ashtrays for 10 days. (The NPRM specified only ‘‘up to’’ 50 percent of the ashtrays.) ATA noted that this recommendation would (1) Remove the proposed requirement to replace half of the missing ashtrays within 3 days; (2) provide a level of safety equal to or exceeding the level proposed for airplanes having only one E:\FR\FM\22FER1.SGM 22FER1

Agencies

[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Rules and Regulations]
[Pages 10351-10352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4056]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / 
Rules and Regulations

[[Page 10351]]



FEDERAL HOUSING FINANCE AGENCY

[No. 2012-N-01]

12 CFR Chapter XII


Regulatory Review Plan

AGENCY: Federal Housing Finance Agency.

ACTION: Notice of final regulatory review plan.

-----------------------------------------------------------------------

SUMMARY: The Federal Housing Finance Agency (FHFA) is issuing a notice 
of the final FHFA regulatory review plan for review of existing 
regulations under Executive Order 13579, ``Regulation and Independent 
Regulatory Agencies,'' (July 11, 2011).

DATES: The effective date of this document is April 23, 2012.

FOR FURTHER INFORMATION CONTACT: Alfred M. Pollard, General Counsel, 
alfred.pollard@fhfa.gov, telephone (202) 649-3050 (not a toll-free 
number), Federal Housing Finance Agency, Eighth Floor, 400 Seventh 
Street SW., Washington, DC 20024. The telephone number for the 
Telecommunications Device for the Deaf is (800) 877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

Executive Order 13579

    Executive Order 13579, ``Regulation and Independent Regulatory 
Agencies,'' (July 11, 2011), requests that each independent regulatory 
agency, such as FHFA, analyze its existing regulations and modify, 
streamline, expand, or repeal them in accordance with the findings of 
the analysis. Executive Order 13579 also requests each independent 
regulatory agency to make public a plan under which the agency will 
periodically review its existing significant regulations to make the 
agency's regulatory program more effective or less burdensome in 
achieving regulatory objectives.

Establishment of FHFA; Transfer and Review of Regulations

    The Housing and Economic Recovery Act of 2008 (HERA) established 
FHFA on July 30, 2008, as an independent regulatory agency to supervise 
and regulate the Federal National Mortgage Association (Fannie Mae), 
the Federal Home Loan Mortgage Corporation (Freddie Mac), and the 
Federal Home Loan Banks (collectively, regulated entities), and the 
Office of Finance of the Federal Home Loan Bank System. HERA 
transferred to the new agency the employees, functions, and regulations 
of the Office of Federal Housing Enterprise Oversight (OFHEO), the 
Federal Housing Finance Board (FHFB), and the Government-Sponsored 
Enterprise mission team within the U.S. Department of Housing and Urban 
Development (HUD).
    HERA and, most recently, the Dodd-Frank Wall Street Reform and 
Consumer Protection Act (Dodd-Frank Act) mandate that FHFA issue new 
regulations on specific matters in connection with FHFA's supervision 
and regulation of the regulated entities and the Office of Finance. 
Currently, in determining whether to revise, adopt without change, or 
repeal transferred OFHEO, FHFB, and certain HUD regulations, FHFA 
reviews such regulations to determine the appropriate action and 
publishes the regulations for comment. Public comments provide 
additional information to FHFA on how to make the regulations more 
effective and less burdensome.

Regulatory Review Plan Under Executive Order 13579

    FHFA's current review of OFHEO, FHFB, and certain HUD regulations 
is similar to the review it will conduct of existing regulations under 
Executive Order 13579. The regulatory review plan is set forth below. 
FHFA will conduct the review of its existing regulations under 
Executive Order 13579 at least every five years. In light of the recent 
establishment of FHFA and ongoing regulatory activities mandated by 
HERA and the Dodd-Frank Act, the first review will begin no later than 
August 2013, five years after the establishment of FHFA. FHFA 
regulations published in Chapter XII of Title 12 of the Code of Federal 
Regulations and are also posted on the FHFA Internet Web site at https://www.fhfa.gov.

II. Notice of Regulatory Review Plan

    FHFA published a notice of its interim regulatory review plan and 
requested comments on the plan. 76 FR 59066 (September 23, 2011). FHFA 
received no comments. FHFA is adopting as final the interim regulatory 
review plan without change. The final regulatory review plan follows.

Plan for Review of Existing Regulations Under Executive Order 13579

    a. Scope and timing of regulatory reviews. At least every five 
years, FHFA will conduct a review of the regulations it has issued and 
that are in effect. The first regulatory review will begin no later 
than August 2013.
    b. Factors considered in the regulatory reviews. The regulatory 
reviews will take into consideration the following factors, as 
applicable:
    (1) Legal or regulatory developments, including new laws, executive 
orders, or judicial decisions that have been adopted since the 
promulgation of a regulation that make such regulation inefficient, 
obsolete, contrary to controlling legal precedent, or unduly 
burdensome;
    (2) Application by Fannie Mae, Freddie Mac, or a Federal Home Loan 
Bank (regulated entity) or the Office of Finance of the Federal Home 
Loan Bank System for revision of a regulation because of reasonably 
discernible regulatory burden or inefficiency;
    (3) Marketplace developments, technological evolution and related 
changes that may have rendered an existing regulation, in whole or in 
part, inefficient, outmoded, or outdated;
    (4) Such other occurrences or developments as determined by FHFA to 
be relevant to a review for inefficiency or unwarranted regulatory 
burden;
    (5) Whether the provisions of the regulation are written in plain 
language or otherwise need clarification;
    (6) Compelling evidence that a consolidation of two or more 
regulations, elimination of a duplicative regulation, or other revision 
to regulatory requirements would facilitate compliance by or 
supervision of a regulated entity or the Office of Finance;
    (7) A demonstration of a better alternative method to effect a 
regulatory

[[Page 10352]]

purpose or requirement supported by compelling evidence of 
significantly less intrusive means or of a substantially more efficient 
method of accomplishing the same supervisory purpose; and
    (8) Such other factors as determined by FHFA to be relevant to 
determining and evaluating the need for and effectiveness of a 
particular regulation.
    c. Regulatory review process.--(1) The regulatory reviews will be 
conducted by the FHFA Office of General Counsel, under the direction of 
the General Counsel, and will include internal consultation with other 
FHFA offices and staff, guidance provided by the FHFA Director, as well 
as consideration of public comments.
    (2) A review and report of findings and recommendations will be 
provided to the FHFA Director on a timely basis. The report of findings 
and recommendations will be privileged and confidential.
    (3) After receiving the report of findings and recommendations, the 
FHFA Director will determine what steps may be necessary to relieve any 
unnecessary burden, including amendment to or repeal of existing 
regulations or issuance of less formal guidance.
    d. No right of action. The regulatory reviews are not formal or 
informal rulemaking proceedings under the Administrative Procedure Act 
and create no right of action against FHFA. Moreover, the determination 
of FHFA to conduct or not to conduct a review of a regulation and any 
determination, finding, or recommendation resulting from any review are 
not final agency actions and, as such, are not subject to judicial 
review.

    Dated: February 15, 2012.
Edward J. DeMarco,
Acting Director, Federal Housing Finance Agency.
[FR Doc. 2012-4056 Filed 2-21-12; 8:45 am]
BILLING CODE 8070-01-P
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