Unknown. Statement and Order; temporary exceptions
2,978 words·~14 min read·
/register/2005/10/14/05-20583A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2005-10-14.xml --- 70 198 Friday, October 14, 2005 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service Alcohol Alcohol and Tobacco Tax and Trade Bureau RULES Alcohol; viticultural area designations: Dos Rios, Mendocino County, CA, 59993-59996 05-20546 Red Hill, Douglas County, OR, 59996-60002 05-20551 NOTICES Agency information collection activities; proposals, submissions, and approvals, 60131 05-20545 Animal Animal and Plant Health Inspection Service NOTICES Agricultural inspector uniform allowance; maximum rate increase, 60060-60061 E5-5651 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 60063-60064 05-20595 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 60092-60093 05-20517 05-20521 Children Children and Families Administration PROPOSED RULES State Parent Locator Service; safeguarding child support information, 60038-60051 05-20508 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:
Port Valdez and Valdez Narrows, AK, 60005-60008 05-20636 NOTICES Meetings: National Maritime Security Advisory Committee, 60095-60096 05-20634 Commerce Commerce Department See Census Bureau See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60063 05-20594 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 60061-60063 E5-5647 E5-5648 Comptroller Comptroller of the Currency RULES Real estate appraisals; major disaster areas exceptions, 59987-59988 05-20583 Consumer Consumer Product Safety Commission PROPOSED RULES All terrain vehicles; injuries and deaths reduction; regulatory and non-regulatory actions, 60031-60036 05-20557 Customs Customs and Border Protection Bureau NOTICES Automated program test:
Automated Commercial Environment— Automated truck manifest for truck carrier accounts; deployment schedule, 60096-60097 05-20579 Defense Defense Department See Navy Department NOTICES Senior Executive Service Performance Review Board; membership, 60065 05-20567 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 60065-60066 05-20588 Grants and cooperative agreements; availability, etc.: Postsecondary education— National Resources Centers Foreign Language and Area Studies Program et al., 60066-60072 05-20625 Postsecondary education:
Federal Perkins Loan, Work-Study, Supplemental Educational Opportunity Grant, Family Education Loan, William D. Ford Direct Loan, and Pell Grant Programs, 60072-60074 05-20623 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 60074 05-20741 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: California, 60008-60010 05-20603 Wisconsin, 60010-60013 05-20604 Water pollution; effluent guidelines for point source categories:
Pretreatment regulations; industrial users who introduce pollutants into publicly owned treatment works; requirements and oversight, 60134-60198 05-20001 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: California, 60036-60037 05-20602 Wisconsin, 60037-60038 05-20613 Water pollution; effluent guidelines for point source categories: Pretreatment regulations; removal credits; availability and procedures, 60199-60202 05-20000 NOTICES Environmental statements; availability, etc.:
Agency comment availability, 60074-60075 05-20615 Agency weekly receipts, 60075-60076 05-20619 Meetings: Physiologically-based pharmacokinetic models and supporting data in risk assessment; application approaches; external peer-review workshop, 60076-60077 05-20600 Science Advisory Board, 60077-60078 05-20601 Water pollution control: Ambient water quality criteria; protection of human health for atrazine and alachlor; data availability and data and information request, 60078-60079 05-20599 Farm Farm Credit Administration NOTICES Meetings;
Sunshine Act, 60079 05-20721 FAA Federal Aviation Administration RULES Airworthiness standards: Special conditions— Dassault-Aviation Mystere-Falcon 50 airplanes, 59988-59990 05-20629 Area navigation routes, 59990-59992 05-20627 Class D and Class E airspace; correction, 60132 C5-20179 Class E airspace; correction, 59992 05-20628 Federal airways, 59992-59993 05-20630 NOTICES Advisory circulars; availability, etc.: Aircraft noise certification documents for international flights; guidance, 60127-60128 05-20635 Aeronautical land-use assurance; waivers:
Pearland Regional Airport, TX, 60128 05-20631 Meetings: National Parks Overflights Advisory Group, 60128 05-20633 RTCA, Inc., 60129 05-20632 FDIC Federal Deposit Insurance Corporation RULES Real estate appraisals; major disaster areas exceptions, 59987-59988 05-20583 PROPOSED RULES Federal interest rate authority; interstate banking, 60019-60031 05-20582 Practice and procedure: Insured status; notification of changes, 60015-60019 05-20590 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:
Yamhill County, OR, 60129-60130 05-20562 Federal Housing Federal Housing Finance Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 60079-60083 05-20575 Federal home loan bank system: Community support review; members selected for review; list, 60083-60090 05-20351 Federal Reserve Federal Reserve System RULES Real estate appraisals; major disaster areas exceptions, 59987-59988 05-20583 NOTICES Banks and bank holding companies: Change in bank control, 60090-60091 E5-5650 Formations, acquisitions, and mergers, 60091 E5-5649 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:
Findings on petitions, etc.— California spotted owl, 60051-60052 05-20646 Migratory bird permits: Raptor propagation, 60052-60058 05-20596 Food Food and Drug Administration NOTICES Meetings: Blood Products Advisory Committee, 60093-60094 05-20560 Oncologic Drugs Advisory Committee, 60094-60095 05-20559 Transmissible Spongiform Encephalopathies Advisory Committee, 60095 05-20558 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration NOTICES Meetings:
Human Research Protections, Secretary's Advisory Committee, 60091 05-20589 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 60097-60099 05-20450 Indian Indian Affairs Bureau NOTICES Indian tribes, acknowledgment of existence determinations, etc.:
Eastern Pequot and Paucatuck Eastern Pequot Indians of Connecticut, 60099-60101 05-20720 Schaghticoke Tribal Nation, CT, 60101-60103 05-20719 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes: Corporate reorganizations; interest continuity measurement Correction, 60132 C5-18263 International International Trade Commission NOTICES Import investigations:
Magnesium from— Canada, 60108 05-20621 Network controllers and products, 60108-60109 05-20571 Stainless steel wire rod from— Various countries, 60109 05-20620 Systems for detecting and removing viruses or worms, components, and products containing same, 60109-60110 05-20572 Tin- and chromium-coated steel sheet from— Japan, 60110 05-20622 Labor Labor Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 60110-60111 05-20591 Land Land Management Bureau NOTICES Environmental statements; availability, etc.:
Hollister Resource Area, CA; resource management plan, 60103 05-20618 Sloan Canyon National Conservation Area, NV; resource management plan, 60103-60105 05-20617 Environmental statements; record of decision: Upper Deschutes Resource Area, OR; resource management plan, 60105 05-20616 Meetings: Resource Advisory Councils— Front Range, 60105 05-20592 Survey plat filings: Nevada, 60105-60106 05-20565 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers:
DOROTHY JEAN, 60130 05-20585 ESPIRITU, 60130-60131 05-20586 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60111 05-20561 National Credit National Credit Union Administration RULES Real estate appraisals; major disaster areas exceptions, 59987-59988 05-20583 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: Sea turtle conservation requirements— Shrimp trawling; use limited tow times alternative to Turtle Excluder Devices in Federal waters off Cameron Parish, Louisiana, 60013-60014 05-20597 PROPOSED RULES Fishery conservation and management:
Caribbean, Gulf, and South Atlantic fisheries— Snapper-grouper, 60058-60059 05-20612 NOTICES Marine mammals: Incidental taking; authorization letters, etc.:— North Pacific Acoustic Laboratory; low frequency sound source, 60064-60065 05-20611 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 60111 05-20626 Navy Navy Department NOTICES Meetings: Marine Corps University Board of Visitors, 60065 05-20564 Pension Pension Benefit Guaranty Corporation RULES Single-employer plans:
Allocation of assets— Interest assumptions for valuing and paying benefits, 60002-60003 05-20581 NOTICES Single-employer and multiemployer plans: Interest rates and assumptions, 60111-60112 05-20580 Postal Postal Service PROPOSED RULES Domestic Mail Manual: Checks sent at standard mail postage rates; ancillary service endorsement requirement; withdrawn, 60036 05-20563 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 60113-60115 E5-5644 National Stock Exchange, 60115-60118 E5-5643 New York Stock Exchange, Inc., 60118-60120 E5-5646 E5-5652 Philadelphia Stock Exchange, Inc., 60120-60127 E5-5645 E5-5653 State State Department NOTICES Foreign Relations Authorization Act; determinations:
Bahrain et al., 60127 05-20609 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 60106-60108 05-20573 05-20574 Thrift Thrift Supervision Office RULES Real estate appraisals; major disaster areas exceptions, 59987-59988 05-20583 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60097 05-20578 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office RULES Balanced Budget Act of 1997; implementation:
District of Columbia retirement plans; Federal benefit payments, 60003-60005 05-20610 Separate Parts In This Issue Part II Environmental Protection Agency, 60134-60202 05-20000 05-20001 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 70 198 Friday, October 14, 2005 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 34 FEDERAL RESERVE SYSTEM 12 CFR Part 225 FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 323 DEPARTMENT OF THE TREASURY Office of Thrift Supervision 12 CFR Part 564 NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 722 Real Estate Appraisal Exceptions in Major Disaster Areas AGENCIES:
Office of the Comptroller of the Currency, Treasury Department (OCC); Board of Governors of the Federal Reserve System (Board); Federal Deposit Insurance Corporation (FDIC); Office of Thrift Supervision, Treasury Department (OTS); and National Credit Union Administration (NCUA), collectively referred to as “the Agencies.” ACTION: Statement and Order; temporary exceptions. SUMMARY: Section 2 of the Depository Institutions Disaster Relief Act of 1992 (DIDRA) authorizes the Agencies to make exceptions to statutory and regulatory requirements relating to appraisals for certain transactions.
The exceptions are available for transactions that involve real property in major disaster areas when the exceptions would facilitate recovery from the disaster and would be consistent with safety and soundness. In this notice, the Agencies grant exceptions for certain real estate-related transactions in areas affected by Hurricanes Katrina and Rita. The expiration dates for the exceptions are set out in the SUPPLEMENTARY INFORMATION section. DATES: This order is effective on October 14, 2005 and expires for specific areas on the dates indicated in the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: OCC Dena G. Patel, Credit Risk Specialist,
(202)874-5170, Office of the Chief National Bank Examiner; or Sue Auerbach, Counsel,
(202)874-5300, Chief Counsel's Office, 250 E Street, SW., Washington, DC 20219. Board Virginia M. Gibbs, Senior Supervisory Financial Analyst,
(202)452-2521, Division of Banking Supervision and Regulation; or April Snyder, Attorney,
(202)452-3099, Legal Division. Mail: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC, 20551. FDIC James D. Leitner, Examination Specialist,
(202)898-6790, Division of Supervision and Consumer Protection; or Mark G. Flanigan, Counsel,
(202)898-7426, Legal Division, 550 17th Street, NW., Washington, DC 20429. OTS Deborah Merkle, Project Manager, Credit Policy,
(202)906-5688; Karen Osterloh, Special Counsel, Regulation and Legislation Division, Chief Counsel's Office,
(202)906-6639, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. NCUA Regina Metz, Staff Attorney, Office of General Counsel,
(703)518-6540; or Anthony LaCreta, Deputy Director, Office of Examination and Insurance,
(703)518-6360, 1775 Duke Street, Alexandria, VA 22314. SUPPLEMENTARY INFORMATION: Statement Section 2 of DIDRA, 12 U.S.C. 3352, authorizes the Agencies to make exceptions to statutory and regulatory appraisal requirements for certain transactions. These exceptions are available for real property located in areas that the President has determined, pursuant to 42 U.S.C. 5170, that a major disaster exists, provided that the exception would facilitate recovery from the major disaster and is consistent with safety and soundness. 1 Such exceptions expire not later than three years after the date of the President's determination that a major disaster exists in the area. 1 The agencies must make the exception no later than 30 months after the date on which the President determines that a major disaster exists in the area. On August 29, and September 24, 2005, the President declared several areas in certain Alabama, Mississippi, and Texas counties and Louisiana parishes as Major Disaster Areas and individual assistance was authorized by the Federal Emergency Management Agency (“FEMA”) as a result of the extensive damage caused by Hurricanes Katrina and Rita. The Agencies believe that granting relief from the appraisal requirements for real estate transactions in certain designated disaster areas is consistent with the provisions of DIDRA. 2 2 Those counties and parishes designated by FEMA as receiving “Individual and Public Assistance (all categories)” and “Individual and Public Assistance (Categories A and B).” The Agencies have determined that the disruption of real estate markets in those FEMA-designated disaster areas interferes with the ability of depository institutions to obtain appraisals that comply with statutory and regulatory requirements. Therefore, the Agencies have determined that the disruption may impede institutions in making loans and engaging in other transactions that would aid in the reconstruction and rehabilitation of the affected areas. Accordingly, the Agencies have determined that recovery from these two major disasters would be facilitated by excepting certain transactions involving real estate located in the areas directly affected by the hurricanes from the real estate appraisal requirements of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), as amended, and the regulations promulgated thereunder. This order has the effect of excepting the transactions specified below from the definition of “federally related transactions” in Title XI of FIRREA and the agencies' appraisal regulations, and thereby from the statutory and regulatory real estate appraisal requirements for such transactions. The Agencies also have determined that the exceptions are consistent with safety and soundness, subject to the requirement that the depository institution's records relating to any excepted transaction appropriately document the following:
(1)The property involved was directly affected by the major disaster or the transaction would facilitate recovery from the disaster;
(2)there is a binding commitment to fund the transaction that is made within three years after the date the major disaster was declared; and
(3)the value of the real property supports the institution's decision to enter into the transaction. In addition, the transaction must continue to be subject to review by management and by the Agencies in the course of examinations of the institution. Expiration Dates Exceptions provided under this order expire not later than three years after the date on which the President determines, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5170 (DREAA), that a major disaster exists in the area. Accordingly, exceptions for the major disasters declared due to Hurricane Katrina expire on August 29, 2008, in Alabama, Mississippi and Louisiana; and exceptions for the major disasters declared due to Hurricane Rita expire on September 24, 2008, in Louisiana and Texas. Order In accordance with section 2 of DIDRA, relief is hereby granted from the provisions of Title XI of FIRREA and the agencies' appraisal regulations for any real estate-related financial transaction that requires the services of an appraiser under those provisions, provided that:
(1)The transaction involves real property located in an area that the President has determined, pursuant to section 401 of DREAA, is a major disaster area as a result of Hurricane Katrina (August 2005) in Alabama, Louisiana, and Mississippi; or as a result of Hurricane Rita (September 2005) in Louisiana and Texas, and has been designated eligible for federal assistance by FEMA; 3 3 Those areas designated by FEMA as receiving “Individual and Public Assistance (all categories)” and “Individual and Public Assistance (Categories A and B)” in Alabama, Mississippi, and Texas counties and Louisiana parishes, as listed in the appendix to this order. (2)(a) The real property involved was directly affected by the major disaster; or (2)(b) The real property involved was not directly affected by the major disaster but the transaction would facilitate recovery from the disaster;
(3)There is a binding commitment to fund a transaction that is made within three years after the date the major disaster was declared by the President; and
(4)The institution retains in its files, for examiner review, appropriate documentation indicating that the requirements of Items (1)-(3) above are met and supporting the valuation of the real property involved in the transaction. Appendix Counties and parishes designated by FEMA as receiving “Individual and Public Assistance (all categories)” and “Individual and Public Assistance (Categories A and B)” Hurricane Katrina *Alabama:* Baldwin, Choctaw, Clarke, Greene, Hale, Mobile, Pickens, Sumter, Tuscaloosa and Washington *Louisiana:* Acadia, Ascension, Assumption, Calcasieu, Cameron, East Baton Rouge, East Feliciana, Iberia, Iberville, Jefferson, Jefferson Davis, Lafayette, Lafourche, Livingston, Orleans, Pointe Coupee, Plaquemines, St. Bernard, St. Charles, St. Helena, St. James, St. John the Baptist, St. Mary, St. Martin, St. Tammany, Tangipahoa, Terrebonne, Vermilion, Washington, West Baton Rouge, and West Feliciana *Mississippi:* Adams, Amite, Attala, Choctaw, Claiborne, Clarke, Copiah, Covington, Forrest, Franklin, George, Greene, Hancock, Harrison, Hinds, Jackson, Jasper, Jefferson, Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Lawrence, Leake, Lincoln, Lowndes, Madison, Marion, Neshoba, Newton, Noxubee, Oktibbeha, Pearl River, Perry, Pike, Rankin, Scott, Simpson, Smith, Stone, Walthall, Warren, Wayne, Wilkinson, Winston, and Yazoo. Hurricane Rita *Louisiana:* Acadia, Allen, Beauregard, Calcasieu, Cameron, Iberia, Jefferson Davis, Lafayette, Lafourche, St. Mary, Terrebonne, and Vermilion *Texas:* Chambers, Galveston, Hardin, Jasper, Jefferson, Liberty, Newton, Orange, and Tyler Dated: October 5, 2005. John C. Dugan, Comptroller of the Currency. By order of the Board of Governors of the Federal Reserve System. Dated: October 4, 2005. Jennifer J. Johnson, Secretary of the Board. By order of the Board of Directors. Dated at Washington, DC, this 4th day of October, 2005. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. Dated: October 6, 2005. By the Office of Thrift Supervision. John M. Reich, Director. By order of the National Credit Union Administration. Dated: October 4, 2005. Mary F. Rupp, Secretary of the Board. [FR Doc. 05-20583 Filed 10-13-05; 8:45 am]
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- 12 CFR 34
- 12 CFR 225
- 12 CFR 323
- 12 CFR 564
- 12 CFR 722
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Statement and Order; temporary exceptions
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