Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 53105 

information submitted to CCC during 

the previous October 1 through 

September 30 period. 

* * * * * 

3. Revise § 1435.308(a) to read as 

follows: 

§ 1435.308 Transfer of allocation, new 

entrants. 

(a) If a sugar beet or sugarcane 

processing facility is closed and the 

growers that delivered their crops to the 

closed facility elect to deliver their 

crops to another processor, the growers 

may petition the Executive Vice 

President, CCC, to transfer their share of 

the allocation from the processor that 

closed the facility to their new 

processor. If CCC determines to transfer 

the allocations, it will distribute the 

closed mill’s allocation based on the 

contribution of the growers’ production 

history to the closed mill’s allocation. 

CCC may grant the allocation transfer 

upon: 

(1) Written request by a grower to 

transfer allocation, 

(2) Written approval of the processing 

company that will accept the additional 

deliveries, and 

(3) Evidence satisfactory to CCC that 

the new processor has the capacity to 

accommodate the production of 

petitioning growers. 

* * * * * 

Signed in Washington, DC, on August 18, 

2005. 

James R. Little, 

Executive Vice President, Commodity Credit 

Corporation. 

[FR Doc. 05–17684 Filed 9–6–05; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

Office of Federal Housing Enterprise 

Oversight 

12 CFR Chap. XVII 

Notice of Regulatory Review 

AGENCY: Office of Federal Housing 

Enterprise Oversight, HUD. 

ACTION: Request for comments. 

SUMMARY: The Office of Federal Housing 

Enterprise Oversight (OFHEO) is issuing 

notice of a regulatory review that will be 

conducted in accordance with the 

process set forth in OFHEO Policy 

Guidance titled, ‘‘Regulatory Review,’’

which was issued on April 2, 2001 (Doc. 

#: PG–01–001) (Policy Guidance). 

OFHEO will review its regulations to 

consider whether existing regulations 

have become inefficient or create 

unwarranted burden, and will identify 

possible revisions where such 

conditions are found. OFHEO is seeking 

public comment on its regulations for 

consideration in the regulatory review. 

DATES: Written comments on this Notice 

must be received no later than 

November 7, 2005. For additional 

information, see SUPPLEMENTARY

INFORMATION. 

ADDRESSES: You may submit your 

comments to this Notice by any of the 

following methods: 

• U.S. Mail, United Parcel Post, 

Federal Express, or Other Mail Service: 

The mailing address for comments is: 

David A. Felt, Acting General Counsel, 

Attention: Comments/Notice of 

Regulatory Review, Office of Federal 

Housing Enterprise Oversight, Fourth 

Floor, 1700 G Street, NW., Washington, 

DC 20552. 

• Hand Delivery/Courier: The hand 

delivery address is: David A. Felt, 

Acting General Counsel, Attention: 

Comments/Notice of Regulatory Review, 

Office of Federal Housing Enterprise 

Oversight, Fourth Floor, 1700 G Street, 

NW., Washington, DC 20552. The 

package should be logged at the Guard 

Desk, First Floor, between 9 a.m. and 5 

p.m. on business days. 

• E-mail: Comments to David A. Felt, 

Acting General Counsel, may be sent by 

e-mail at RegComments@OFHEO.gov. 

Please include the title, Notice of 

Regulatory Review, in the subject line of 

the message. 

Instructions: OFHEO requests that 

comments to this Notice include a 

reference to the title, Notice of 

Regulatory Review. OFHEO further 

requests that comments submitted in 

hard copy also be accompanied by the 

electronic version in Microsoft() Word 

or in portable document format (PDF) 

on 3.5′′ disk. Please see the section, 

SUPPLEMENTARY INFORMATION, below, for 

additional information on the posting 

and viewing of comments. 

FOR FURTHER INFORMATION CONTACT: 

David A. Felt, Acting General Counsel, 

telephone (202) 414–3750 (not a toll-free 

number); or Tina Dion, Associate 

General Counsel, telephone (202) 414–

3838 (not a toll-free number); Office of 

Federal Housing Enterprise Oversight, 

Fourth Floor, 1700 G Street, NW., 

Washington, DC 20552. The telephone 

number for the Telecommunications 

Device for the Deaf is (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

The Federal Housing Enterprises 

Safety and Soundness Act of 1992, Title 

XIII of Pub. L. 102–550, empowers the 

Director of OFHEO to undertake 

rulemaking and such other actions as 

the Director determines to be 

appropriate to oversee the activities and 

operations of Freddie Mac and Fannie 

Mae (the Enterprises). In the course of 

exercising such authority, the Director 

has promulgated regulations and issued 

guidelines and supervisory policies. 

OFHEO’s Policy Guidance 

http://www.ofheo.gov/ 

News.asp?formmode=Regulations 

creates a process for routine review and, 

where appropriate, revision of 

regulations by OFHEO. Such a process 

provides for planned reviews of the 

regulatory infrastructure and for 

considering information under uniform 

criteria that assists in determinations of 

whether an unnecessary burden exists. 

Once a review is completed, the 

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. 

The General Counsel, as the OFHEO 

Regulatory Policy Officer, is charged 

with undertaking the regulatory review 

and reporting findings and 

recommendations to the Director. The 

review process will be conducted by the 

Office of General Counsel, under the 

direction of the General Counsel, and 

will include internal consultation with 

other OFHEO offices and staff, guidance 

provided by the Director, as well as 

consideration of public comments. A 

review and report of findings and 

recommendations will be provided to 

the Director on a timely basis. The 

report of findings and recommendations 

will be privileged and confidential. 

Notably, the regulatory review to be 

conducted by the Office of the General 

Counsel under the Policy Guidance is 

not a formal or informal rulemaking 

proceeding under the Administrative 

Procedure Act and creates no right of 

action against OFHEO. Moreover, the 

determination of OFHEO to conduct or 

not to conduct a review of a regulation 

and any determination, finding, or 

recommendation resulting from any 

review under the Policy Guidance are 

not final agency actions and, as such, 

are not subject to judicial review. 

Regulations Under Review; Criteria 

The regulations of OFHEO that are 

subject to the regulatory review 

described in this Notice are codified in 

Title 12, Chapter XVII, Subchapters A, 

C, and D, Parts 1700–1780 of the Code 

of Federal Regulations (CFR). The 

regulations are listed in the CFR as 

follows: 

53106 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 

Subchapter A—OFHEO Organization and 

Functions 

Part 

1700—Organization and functions 

1701—Assessments 

1702 Implementation of The Privacy Act of 

1974 

1703—Release of information 

1704 Debt collection 

1705 Implementation of the Equal Access to 

Justice Act 

Subchapter B—[Reserved] 

Subchapter C—Safety and Soundness 

1710—Corporate governance 

1720—Safety and soundness 

1730—Disclosure of financial and other 

information 

1731—Mortgage Fraud Reporting 

1750—Capital 

1770—Executive compensation 

1773—Flood insurance 

1777—Prompt corrective action 

Subchapter D—Rules of Practice and 

Procedure 

1780—Rules of Practice and Procedure 

In addition to being found in the CFR, 

the regulations (as well as the Policy 

Guidance referenced in this Notice) are 

available on the OFHEO Web site, 

http://www.ofheo.gov, by clicking on the 

‘‘Regulations and Policy Guidance’’

category on the left side of the Web 

page. 

Under the review process set forth in 

the Policy Guidance, criteria that may 

be used in the review of the existence 

of regulatory inefficiency or burden are 

as follows: 

(i) 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; 

(ii) Application by an Enterprise for 

revision of a regulation, because of 

reasonably discernible regulatory 

burden or inefficiency; 

(iii) Marketplace developments, 

technological evolution and related 

changes that may have rendered an 

existing regulation, in whole or in part, 

inefficient, outmoded or outdated; and 

(iv) Such other occurrences or 

developments as determined by the 

Director or General Counsel to be 

relevant to a review for inefficiency or 

unwarranted regulatory burden. 

Among other factors that may be 

considered in reviewing possible 

inefficiency or unwarranted regulatory 

burden are the following: 

(i) Compelling evidence that a 

consolidation of two or more 

regulations, elimination of a duplicative 

regulation, or other revision to 

regulatory requirements would facilitate 

compliance or supervision; 

(ii) A demonstration of a better 

alternative method to effect a regulatory 

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 

(iii) Such other factors as determined 

by the Director to be relevant to 

determining and evaluating the need 

for, appropriateness of, and 

effectiveness of a particular regulation. 

Request for Comments 

The Office of the General Counsel 

invites comments on all aspects of the 

proposed regulatory review, including 

legal and policy considerations, and 

will take all comments into 

consideration before issuing its report of 

findings and recommendations to the 

Director. The comment period has been 

set at 60 days to afford ample 

opportunity for comment. 

All comments received will be posted 

without change to http:// 

www.ofheo.gov, including any personal 

information provided. Copies of all 

comments received will be available for 

inspection by the public on business 

days between the hours of 10 a.m. and 

3 p.m., at the Office of Federal Housing 

Enterprise Oversight, Fourth Floor, 1700 

G Street NW., Washington, DC 20552. 

To make an appointment to inspect 

comments, please call the Office of 

General Counsel at (202) 414–6924. 

Dated: August 30, 2005. 

Stephen A. Blumenthal, 

Acting Director, Office of Federal Housing 

Enterprise Oversight. 

[FR Doc. 05–17656 Filed 9–6–05; 8:45 am] 

BILLING CODE 4220–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22321; Directorate 

Identifier 2005–NM–123–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767–200 and –300 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Boeing Model 767–200 and –300 

series airplanes. This proposed AD 

would require replacing the placards on 

certain stowage bins with new placards, 

installing partial dividers in certain 

other stowage bins, and installing straps 

on stowage bins containing life rafts. For 

certain airplanes, this proposed AD 

would also require related concurrent 

actions. This proposed AD results from 

test data indicating that outboard 

overhead stowage bins are unable to 

withstand the 4.5g down-load standard 

intended to protect passengers during 

flight turbulence or a hard landing. We 

are proposing this AD to prevent the 

stowage bins from opening during flight 

turbulence or a hard landing, which 

could result in the contents of the 

stowage bins falling onto the passenger 

seats below and injuring passengers, or 

blocking the aisles, impeding the 

evacuation of passengers in an 

emergency. 

DATES: We must receive comments on 

this proposed AD by October 24, 2005. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207 for the service 

information identified in this proposed 

AD. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Gillespie, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Branch, ANM–150S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6429; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Include the 

docket number ‘‘ FAA–2005–22321; 

Directorate Identifier 2005–NM–123–