38016 Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Proposed Rules 

Regulatory Flexibility Act 

The rules have been reviewed with 

regard to the requirements of the 

Regulatory Flexibility Act (5 U.S.C. 

601–612). Under Section 605(b) of the 

Regulatory Flexibility Act, 5 U.S.C. 

605(b), the Agency has determined and 

certified by signature of this document 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities since this 

rulemaking action does not involve a 

new or expanded program. Furthermore, 

the program does not treat entities 

differently based solely on their size. 

Executive Order 13132, Federalism 

The policies contained in the rule 

does not have any substantial direct 

effect on States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. Nor do the 

rules impose substantial direct 

compliance costs on State and local 

governments. Therefore, consultation 

with the States is not required. 

Implementation 

It is the policy of this Department that 

rules relating to public property, loans, 

grants, benefits, or contracts shall 

comply with 5 U.S.C. 553, 

notwithstanding the exemption of that 

section with respect to such rules. 

Paperwork Reduction Act 

The revisions in this rulemaking for 

part 3575 are subject to the burden 

package assigned OMB control number 

0575–0137. No paperwork changes are 

being proposed. 

Executive Order 12372, 

Intergovernmental Review of Federal 

Programs 

This proposed rule is not subject to 

the provisions of EO 12372, which 

require intergovernmental consultation 

with State and local officials, because 

this rule provides general guidance on 

something. Applications for Agency 

programs will be reviewed individually 

under EO 12372 as required by program 

procedures. 

E-Government Act Compliance 

The Agency is committed to 

complying with the E–Government Act, 

to promote the use of the Internet and 

other information technologies to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. 

Discussion 

The Community Facilities Guaranteed 

Loan Program bolsters the credit 

available from private lending 

institutions through the guarantee of 

loans for essential community facilities 

in rural areas. This program has been in 

existence since 1992, and as it evolves, 

the need to define and revise terms is 

required. 

Section 3575.24(a)(1)(x) currently 

identifies recreational facilities as 

eligible types of facilities for financing 

under this program; however, Agency 

experience shows that the current 

language is too brief and subject to 

different interpretation by prospective 

applicants and other program users. 

Therefore, the Agency proposes to 

revise the paragraph to more clearly 

convey to the public the Agency’s 

policy with respect to the financing of 

essential community facilities that 

provide recreational services as part of 

addressing overall community 

development needs. 

Section 3575.25 prohibits the 

financing with guaranteed loan funds on 

specific types of projects. The Agency 

proposes to add a paragraph (j) ‘‘Golf 

courses’’ to this section. This is based 

upon the Agency’s experience to date in 

financing this type of project and the 

failure rate the Agency has experienced 

on golf course projects. Also, the lack of 

support demonstrated by the 

community indicates that a golf course 

is not essential to a rural community 

and is typically viewed as a commercial 

undertaking. 

List of Subjects in 7 CFR 3575 

Community facilities, Guaranteed 

loans, Loan programs. 

For the reasons set forth in the 

preamble, XXXV of Subtitle B, title 7, 

Code of Federal Regulations is proposed 

to be amended as follows: 

PART 3575—GENERAL 

1. The authority citation for part 3575 

continues to read as follows: 

Authority: 5 U.S.C. 301, 7 U.S.C. 1989. 

Subpart A—Community Programs 

Guaranteed Loans 

2. Amend § 3575.24 to revise 

paragraph (a)(1)(x) to read as follows: 

§ 3575.24 Eligible loan purposes. 

(a) * * * 

(1) * * * 

(x) Community parks, community 

activity centers, and similar types of 

facilities that are an integral part of the 

orderly development of a community. 

Recreational components, such as, but 

not limited to, playground equipment of 

an otherwise non-recreational eligible 

community facility such as childcare, 

educational, or health care facilities are 

also eligible. 

* * * * * 

3. Amend § 3575.25 to add paragraph 

(j) to read as follows: 

§ 3575.25 Ineligible loan purposes. 

* * * * * 

(j) Golf courses, water parks, race 

tracks or other recreational type 

facilities inherently commercial in 

nature. 

* * * * * 

Dated: May 18, 2012. 

Tammye Trevin ̃ o, 

Administrator, Rural Housing Service. 

[FR Doc. 2012–15579 Filed 6–25–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Chapter I 

[Docket No. FAA–2012–0658] 

Proposed Policy Clarification for the 

Registration of Aircraft to U.S. Citizen 

Trustees in Situations Involving NonU.S. Citizen Trustors and Beneficiaries 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Proposed Policy; Availability of 

Documents for Inspection and Extension 

of Time in which to Submit Written 

Comments. 

SUMMARY: The FAA is extending the 

comment period on its proposed policy 

regarding the registration of aircraft to 

U.S. Citizen Trustees in situations 

involving Non-U.S. citizen trustors and 

beneficiaries. 

DATES: The FAA is extending the 

comment period to August 17, 2012. 

FOR FURTHER INFORMATION CONTACT: 

LaDeana Peden at 405–954–3296, Office 

of Aeronautical Center Counsel, Federal 

Aviation Administration. 

SUPPLEMENTARY INFORMATION: Incident 

to a public meeting held by the Federal 

Aviation Administration (FAA) on 

Wednesday, June 6, 2012, in Oklahoma 

City, Oklahoma, concerning aircraft 

registration by owner trustees for nonU.S. citizen beneficiaries, interested 

parties have submitted written 

comments to FAA. Those comments, as 

well as the Notice of Public Meeting and 

FAA slide presentation may be viewed 

at the Office of Chief Counsel’s FAA 

Web site located at http://www.faa.gov/ 


rmajette on DSK2TPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Proposed Rules 38017 

about/office_org/headquarters_offices/ 

agc/. The comment period is hereby 

extended through Friday, August 17, 

2012, and may be submitted via email 

to ladeana.peden@faa.gov. 

As part of its review of non-citizen 

trusts, the FAA published a notice of its 

proposed policy clarification on 

February 9, 2012 (77 FR 6694) on use of 

non-citizen trusts to register aircraft in 

the United States. After the FAA 

discusses the legal issues, the FAA will 

suggest which provisions in trust 

agreements may need to be changed and 

it will suggest language that would 

enable the FAA to facilitate the 

registration of aircraft in the future that 

are owned in trust. The suggested 

language and the reasons for the 

suggested language, if adopted as the 

FAA’s final policy on this matter, will 

guide the FAA in the future in 

determining eligibility for registering 

non-U.S. citizen trusts. 

Authority: 49 U.S.C. 106g, 40113, 44701. 

Issued in Oklahoma City, Oklahoma, on 

June 13, 2012. 

Joseph R. Standell, 

Aeronautical Center Counsel. 

[FR Doc. 2012–15339 Filed 6–25–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

19 CFR Part 351 

[Docket No. 120613168–2168–01] 

RIN 0625–AA92 

Regulation Strengthening 

Accountability of Attorneys and NonAttorney Representatives Appearing 

Before the Department 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The Department of Commerce 

(the Department) proposes to amend its 

regulations to add a subsection that 

strengthens the accountability of 

attorneys and non-attorney 

representatives who appear in 

proceedings before the Import 

Administration (IA). If this proposed 

rule is implemented, the Department 

will continue its long-standing practice 

of permitting attorneys and non-attorney 

representatives to appear before IA. The 

proposed rule provides that both 

attorneys and non-attorney 

representatives will be subject to 

disciplinary action for misconduct 

based upon good cause. The proposed 

rule will assist the Department in 

maintaining the integrity of its 

proceedings by deterring misconduct by 

those who appear before it in 

antidumping duty (AD) and 

countervailing duty (CVD) proceedings. 

The Department is requesting comments 

on the proposed rule as discussed in 

more detail below. 

DATES: The Department is requesting 

public comment on this proposed rule. 

To be assured consideration, all 

comments must be received no later 

than August 10, 2012. All comments 

should refer to RIN 0625–AA92. 

ADDRESSES: To ensure the timely receipt 

and consideration of comments, the 

Department requires all comments to be 

submitted on-line through the Federal 

eRulemaking portal at 

www.regulations.gov, unless they do not 

have access to the Internet. Comments 

to this notice should be submitted under 

docket number ITA–2012–0003. To find 

this docket, enter the docket number in 

the ‘‘Enter Keyword or ID’’ window at 

the www.regulations.gov home page and 

click ‘‘Search.’’ The site will provide a 

search-results page listing all documents 

associated with that docket number. 

Find a reference to the proposed rule 

notice by selecting ‘‘Rule’’ under 

‘‘Document Type’’ on the search-results 

page, and click on the link entitled 

‘‘Submit a Comment.’’ The 

www.regulations.gov Web site provides 

the option of making submissions by 

filling in a comments field, or by 

attaching a document. The International 

Trade Administration (ITA) prefers 

submissions to be provided in an 

attached document. (For further 

information on using the 

www.regulations.gov Web site, please 

consult the resources provided on the 

Web site by clicking on the ‘‘Help’’ tab.) 

Commenters who do not have access 

to the Internet may submit the original 

and two copies of each set of comments 

by mail or hand delivery/courier. All 

comments should be addressed to Paul 

Piquado, Assistant Secretary for Import 

Administration, Room 1870, 

Department of Commerce, 1401 

Constitution Avenue NW., Washington, 

DC 20230. 

The Department will consider all 

relevant comments regarding the 

proposed rule that are received before 

the close of the comment period. The 

Department will not accept comments 

accompanied by a request that part or 

all of the material be treated 

confidentially because of its business 

proprietary nature or for any other 

reason. All comments responding to this 

notice will be a matter of public record 

and will be available for inspection at 

IA’s Central Records Unit (Room 7046 of 

the Herbert C. Hoover Building) or on 

the Federal eRulemaking Portal at 

www.regulations.gov. 

Any questions concerning file 

formatting, document conversion, 

access to the Internet, or other electronic 

filing issues should be addressed to 

Andrew Lee Beller, Import 

Administration Webmaster, at (202) 

482–0866, email address: webmastersupport@ita.doc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michele Lynch, Senior Counsel, Office 

of the General Counsel, Office of Chief 

Counsel for Import Administration, or 

Eric Greynolds, International Trade 

Program Manager, Office 3, Import 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Washington, DC 20230, 202–482– 

2879 or 202–482–6071, respectively. 

SUPPLEMENTARY INFORMATION: In August 

2010, in support of the National Export 

Initiative (NEI), the Department 

announced a number of proposals to 

strengthen the administration of the 

U.S. AD and CVD laws. One proposal 

addressed strengthening the 

accountability of attorneys and nonattorneys who practice before the 

Department. This proposal advances the 

purpose of the NEI by continuing 

rigorous enforcement of U.S. trade laws. 

For decades, consistent with IA’s 

regulations, attorneys and non-attorney 

representatives have practiced before IA 

without completing an application or 

obtaining a license from the 

Department. The proposed rule 

continues this long-standing practice 

and expressly identifies persons who 

may appear before the agency, including 

both attorneys and non-attorney 

representatives, and provides that such 

practitioners may be required to 

demonstrate to the agency their 

acceptability to act as practitioners. The 

proposed rule also (i) Establishes a good 

cause standard for the application of 

sanctions for misconduct, (ii) identifies 

possible sanctions for misconduct 

including suspension and barring one 

from practice before the agency or a 

lesser sanction (that may be public or 

private) at the Secretary’s discretion, 

and (iii) permits attorneys and 

representatives to have an opportunity 

to present their views on the matter to 

the Department. If attorneys or 

representatives are suspended or barred 

from practice before the Department, the 

proposed rule provides that their names 

will appear on a public register of 

suspended or barred attorneys and 

representatives. 


rmajette on DSK2TPTVN1PROD with PROPOSALS