Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Proposed Rules 26229 

fiscal year-to-date information in 

accordance with 24 CFR 5.801(c)(4). 

§ 232.1013 Leases. 

Except to enter into resident 

agreements in the standard course of 

operating the healthcare facility, an 

operator may not lease or sublease any 

portion of the project without HUD’s 

prior written approval. 

§ 232.1015 Management agents. 

(a) An operator or borrower may, with 

the prior written approval of HUD, 

execute a management agent agreement 

setting forth the duties and procedures 

for matters related to the management of 

the project. Both the management agent 

and the management agent agreement 

must be acceptable to HUD and 

approved in writing by HUD. 

(b) An operator or borrower may not 

enter into any agreement that provides 

for a management agent to have rights 

to or claims on funds owed to the 

operator. 

(c) Management agent fees may not be 

renegotiated without HUD’s written 

approval once the management agent 

agreement has been executed. 

(d) HUD may approve an identity of 

interest between a management agent 

and a borrower or operator only to the 

extent that the goods and services 

provided benefit the project and if the 

operator clearly establishes that the 

amounts paid to the identity-of-interest 

management agent for goods and 

services provided to the healthcare 

facility are not in excess of amounts that 

would be charged by an independent 

management agent. 

§ 232.1017 Restrictions on deposit, 

withdrawal, and distribution of funds, and 

repayment of advances. 

(a) Deposit of funds. An operator must 

deposit all revenue the operator receives 

directly or indirectly in connection with 

the operation of the healthcare facility 

in a separate, segregated account. The 

account must be with a financial 

institution whose deposits are insured 

by an agency of the Federal 

Government, provided that an account 

held in an institution acceptable to the 

Government National Mortgage 

Association may have a balance that 

exceeds the amount to which such 

insurance is limited. 

(b) Withdrawals of funds. Operators, 

whether or not an operator is also the 

borrower, shall at all times maintain 

positive working capital for the 

healthcare facility. If a quarterly 

financial statement, required pursuant 

to § 232.1011, demonstrates negative 

working capital for the healthcare 

facility, the operator must cure such 

violation or HUD may pursue such 

remedies as set forth in the insured 

mortgage loan’s transactional 

documents. 

§ 232.1019 Prompt notification to HUD and 

mortgagee of circumstances placing the 

value of the security at risk. 

(a) HUD and the mortgagee shall be 

informed of any notification of any 

failure to comply with governmental 

requirements including the following: 

(1) The licensed operator of a project 

shall promptly provide the mortgagee 

and HUD with a copy of any notification 

that has placed the licensure, a provider 

funding source, and/or the ability to 

admit new residents at risk, and any 

responses to those notices, provided 

that HUD may determine certain 

information to be exempt from this 

requirement based upon severity level. 

Such required information shall 

include, but is not limited to, the 

following types of notices and 

responses: 

(i) The operator shall deliver to HUD 

and the mortgagee electronically, within 

48 hours after the date of receipt, copies 

of any and all notices, reports, surveys, 

and other correspondence (regardless of 

form) received by the operator from any 

governmental authority that includes 

any statement, finding, or assertion that: 

(A) The operator or the project is or 

may be in violation of (or default under) 

any of the permits and approvals or any 

governmental requirements applicable 

thereto; 

(B) Any of the permits and approvals 

is to be terminated, limited in any way, 

or not renewed; 

(C) Any civil money penalty (other 

than a de minimis amount) is being or 

may be imposed; or 

(D) The operator or the project is 

subject to any governmental 

investigation or inquiry involving fraud. 

(ii) The operator shall also deliver to 

HUD and the mortgagee, simultaneously 

with delivery to any governmental 

authority, any and all responses given 

by or on behalf of the operator to any 

of the foregoing and shall provide to 

HUD and the mortgagee, promptly upon 

request, such additional information 

relating to any of the foregoing as HUD 

or the mortgagee may request. The 

receipt by HUD and/or the mortgagee of 

notices, reports, surveys, 

correspondence, and other information 

shall not in any way impose any 

obligation or liability on HUD, the 

mortgagee, or their respective agents, 

representatives, or designees to take (or 

refrain from taking) any action; and 

HUD, the mortgagee, and their 

respective agents, representatives, and 

designees shall have no liability for any 

failure to act thereon or as a result 

thereof. 

(2) The operator shall provide 

additional and ongoing information as 

requested by the borrower, mortgagee, 

or HUD pertaining to matters related to 

that risk. Controlling documents 

between or among any of the parties 

may provide further requirements with 

respect to such notification and 

communication. 

(b) This section is applicable to all 

operators on the effective date of this 

regulation. 

Dated: April 12, 2012. 

Carol J. Galante, 

Acting Assistant Secretary for Housing— 

Federal Housing Commissioner . 

[FR Doc. 2012–10690 Filed 5–2–12; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Meloy Channel, U.S. Coast Guard Base 

Miami Beach, FL; Restricted Area 

AGENCY: United States Army Corps of 

Engineers, Department of Defense. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is proposing to amend 

its regulations to establish a new 

restricted area in the waters surrounding 

the U.S. Coast Guard Base Miami Beach, 

Florida (Base Miami Beach). Base Miami 

Beach is composed of multiple U.S. 

Coast Guard (USCG) units, both land 

and waterside. The facility has one of 

the highest operational tempos in the 

USCG for both routine and emergency 

operations. The amendment to the 

regulations is necessary to enhance the 

USCG’s ability to secure their shoreline 

to counter postulated threats against 

their personnel, equipment, cutters and 

facilities by providing stand-off 

corridors encompassing the waters 

immediately contiguous to Base Miami 

Beach. The amendment will also serve 

to protect the general public from injury 

or property damage during routine and 

emergency USCG operations and 

provide an explosive safety arc buffer 

during periodic transfer of ammunitions 

between units, including cutters. 

DATES: Written comments must be 

submitted on or before June 4, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2012–0009, by any of the following 

methods: 


wreier-aviles on DSK7SPTVN1PROD with PROPOSALS
26230 Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Proposed Rules 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Email: david.b.olson@usace.army.mil. 

Include the docket number, COE–2012– 

0009, in the subject line of the message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO (David B. Olson), 441 

G Street NW., Washington, DC 20314– 

1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2012–0009. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at 

http://www.regulations.gov, including 

any personal information provided, 

unless the commenter indicates that the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI, or otherwise 

protected, through regulations.gov or 

email. The regulations.gov web site is an 

anonymous access system, which means 

we will not know your identity or 

contact information unless you provide 

it in the body of your comment. If you 

send an email directly to the Corps 

without going through regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, we recommend that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If we cannot read your 

comment because of technical 

difficulties and cannot contact you for 

clarification, we may not be able to 

consider your comment. Electronic 

comments should avoid the use of any 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 

the index, some information is not 

publicly available, such as CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or Mr. 

Jon M. Griffin, U.S. Army Corps of 

Engineers, Jacksonville District, 

Regulatory Division, at 904–232–1680. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

The purpose of this regulatory action 

is to establish a restricted area in the 

waters surrounding the U.S. Coast 

Guard Base Miami Beach, Florida to 

counter postulated threats against their 

personnel, equipment, cutters and 

facilities by providing stand-off 

corridors encompassing the waters 

immediately contiguous to Base Miami 

Beach. 

The Corps authority to establish this 

restricted area is Section 7 of the Rivers 

and Harbors Act of 1917 (40 Stat 266; 

33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat. 892; 33 U.S.C. 3). 

Background 

Pursuant to its authorities in Section 

7 of the Rivers and Harbors Act of 1917 

(40 Stat 266; 33 U.S.C. 1) and Chapter 

XIX of the Army Appropriations Act of 

1919 (40 Stat 892; 33 U.S.C. 3) the Corps 

is proposing to amend the regulations at 

33 CFR part 334 by establishing a new 

restricted area in the waters near Meloy 

Channel, Government Cut Channel, and 

Miami Main Channel surrounding Base 

Miami Beach. The proposed amendment 

to this regulation will allow the Base 

Commander, U.S. Coast Guard Base 

Miami Beach to restrict passage of 

persons, watercraft, and vessels in 

waters contiguous to this Command, 

thereby providing greater security to the 

personnel, equipment, cutters, and 

facilities housed at the site. 

Procedural Requirements 

a. Review Under Executive Order 

12866. The proposed rule is issued with 

respect to a military function of the 

Department of Defense and the 

provisions of Executive Order 12866 do 

not apply. 

b. Review Under the Regulatory 

Flexibility Act. The proposed rule has 

been reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354) which 

requires the preparation of a regulatory 

flexibility analysis for any regulation 

that will have a significant economic 

impact on a substantial number of small 

entities (i.e., small businesses and small 

governments). Unless information is 

obtained to the contrary during the 

comment period, the Corps expects that 

the proposed rule would have 

practically no economic impact on the 

public, or result in no anticipated 

navigational hazard or interference with 

existing waterway traffic. This proposed 

rule, if adopted, will have no significant 

economic impact on small entities. 

c. Review Under the National 

Environmental Policy Act. Due to the 

administrative nature of this action and 

because there is no intended change in 

the use of the area, the Corps expects 

that this regulation, if adopted, will not 

have a significant impact on the quality 

of the human environment and, 

therefore, preparation of an 

environmental impact statement will 

not be required. An environmental 

assessment will be prepared after the 

public notice period is closed and all 

comments have been received and 

considered. 

d. Unfunded Mandates Act. This 

proposed rule does not contain a 

Federal mandate that may result in 

expenditures of $100 million or more 

for State, local, and Tribal governments, 

in the aggregate, or the private sector in 

any one year. Therefore, this proposed 

rule is not subject to the requirements 

of Sections 202 and 205 of the 

Unfunded Mandates Reform Act 

(UMRA). The proposed rule contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments. Therefore, the proposed 

rule is not subject to the requirements 

of Section 203 of UMRA. 

List of Subjects in 33 CFR Part 334 

Danger zones, Navigation (water), 

Restricted areas, Waterways. 

For the reasons set out in the 

preamble, the Corps proposes to amend 

33 CFR part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

1. The authority citation for part 334 

continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

2. Add § 334.605 to read as follows: 

§ 334.605 Meloy Channel, U.S. Coast 

Guard Base Miami Beach, Florida; 

restricted area. 

(a) The area. The restricted area shall 

encompass all navigable waters of the 

United States as defined at 33 CFR part 

329, within the area bounded by a line 

connecting the following coordinates: 

Commencing from the shoreline at 

latitude 25°46′20.07′′ N, longitude 

080°08′50.94′′ W; thence to latitude 

25°46′22.69′′ N, longitude 080°08′44.01′′ 

W; thence to latitude 25°46′22.02′′ N, 

longitude 080°08′42.14′′ W; thence to 

latitude 25°46′12.23′′ N, longitude 

080°08′35.33′′ W; thence to latitude 


wreier-aviles on DSK7SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Proposed Rules 26231 

25°46′09.13′′ N, longitude 080°08′40.74′′ 

W; thence to latitude 25°46′11.63′′ N, 

longitude 080°08′43.36′′ W; thence to 

latitude 25°46′17.22′′ N, longitude 

080°08′47.17′′ W; thence to latitude 

25°46′17.15′′ N, longitude 080°08′47.62′′ 

W; thence to latitude 25°46′17.63′′ N, 

longitude 080°08′49.33′′ W; thence to 

latitude 25°46′18.91′′ N, longitude 

080°08′50.24′′ W; thence proceed 

directly to a point on the shoreline at 

latitude 25°46′18.76′′ N, longitude 

080°08′50.71′′ W thence following the 

mean high water line to the point of 

beginning. 

(b) The regulations. (1) The restricted 

area described in paragraph (a) of this 

section is only open to U.S. Government 

vessels. U.S. Government vessels 

include, but are not limited to, U.S. 

Coast Guard and Coast Guard Auxiliary 

vessels, Department of Defense vessels, 

state and local law enforcement and 

emergency services vessels, and vessels 

under contract with the U.S. 

Government. Warning signs notifying 

individuals of the restricted area 

boundary and prohibiting all 

unauthorized entry into the area will be 

posted along the property boundary 

and, as appropriate, on the piers of the 

MacArthur Causeway Bridge adjacent to 

the restricted area. 

(2) All persons, vessels, and other 

craft are prohibited from entering, 

transiting, drifting, dredging, or 

anchoring within the restricted area 

described in paragraph (a) of this 

section without prior approval from the 

Base Commander, U.S. Coast Guard 

Base Miami Beach or his/her designated 

representative. 

(3) Fishing, trawling, net-fishing, and 

other aquatic activities are prohibited in 

the restricted area without prior 

approval from the Base Commander, 

U.S. Coast Guard Base Miami Beach or 

his/her designated representative. 

(4) The restrictions described in 

paragraph (b) of this section are in effect 

24 hours a day, 7 days a week. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Base Commander, U.S. Coast Guard 

Base Miami Beach and/or such persons 

or agencies as he/she may designate. 

Dated: April 25, 2012. 

Richard C. Lockwood, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2012–10606 Filed 5–2–12; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2011–0520; FRL–9667–2] 

40 CFR Part 147 

State of Tennessee; Underground 

Injection Control (UIC) Program 

Primacy 

AGENCY: U.S. Environmental Protection 

Agency (EPA). 

ACTION: Notice of public comment 

period and of public hearing. 

SUMMARY: The purpose of this notice is 

to announce that: 1 the EPA has 

received a complete application from 

the State of Tennessee requesting 

approval of its Underground Injection 

Control program; 2 the EPA has 

determined the application contains all 

the required elements; 3 the application 

is available for inspection and copying 

at the address appearing below; 4 public 

comments are requested; and (5) a 

public hearing will be held. 

DATES: Requests for a public hearing 

and/or to present oral testimony must be 

received by May 31, 2012; if determined 

to be warranted, the Public Hearing will 

be held on June 7, 2012 at 1:00 p.m. 

Requests to testify may be mailed to 

Fred McManus, Chief, Ground Water 

and SDWA Enforcement Section, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303. If it is 

determined that a hearing is warranted, 

it will be held on the 17th Floor 

Conference Room B, L&C Tower, 401 

Church Street, Nashville, Tennessee 

37243. Comments will be accepted until 

June 14, 2012. The EPA will determine 

by June 4, 2012, whether there is 

sufficient interest to warrant a public 

hearing. Contact Nancy H. Marsh to 

determine if a hearing is warranted (see 

the FOR FURTHER INFORMATION CONTACT

section). 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2011–0520, by one of the following 

methods: • www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. • Email: marsh.nancy@epa.gov. • Fax: (404) 562–9439. • Mail: State of Tennessee; 

Underground Injection Control (UIC) 

Program Primacy, U.S. Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. Hand Delivery: 

Water Docket, EPA Docket Center (EPA/ 

DC) EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2011– 

0520. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. For additional 

information about the EPA’s public 

docket, visit the EPA Docket Center 

homepage at http://www.epa.gov/ 

epahome/dockets.htm of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the following locations: 

U.S. Environmental Protection Agency, 

Region 4, Library, 9th Floor, 61 

Forsyth Street SW., Atlanta, Georgia 

30303. The Library is open from 


wreier-aviles on DSK7SPTVN1PROD with PROPOSALS