Sie sind auf Seite 1von 2

5800 Federal Register / Vol. 72, No.

25 / Wednesday, February 7, 2007 / Notices

Agreement; or (ii) if the joint development additional requirements added when the DEPARTMENT OF THE TREASURY
improvement will deviate from the specifics agency self-certifies. Four parties asked that
of the Certificate of Compliance, then the FTA modify the Certificate of Compliance to Office of the Comptroller of the
project sponsor must substitute an allow for the transfers envisioned in other Currency
‘‘alternative certification,’’ which
sections of the guidance. One commenter
certification shall include an explanation of Agency Information Collection
compliance with 49 U.S.C. 5302(a)(1)(G) and noted that the definition of ‘‘grantee’’ refers
49 CFR 18. In all cases, the project sponsor to section (2) of the certificate rather than Activities: Proposed Information
must submit a completed Joint Development section (1). Collection; Comment Request
Checklist, a proposed Joint Development FTA Response: FTA encourages the
AGENCY: Office of the Comptroller of the
Agreement, and either (i) An executed commenters that asked FTA to modify the
Certificate of Compliance or (ii) an Currency (OCC), Treasury.
Certificate of Compliance to note that a
alternative certification. project sponsor may substitute an ACTION: Notice and request for comment.

(f) Real Property ‘‘alternative certificate,’’ which may provide SUMMARY: The OCC, as part of its
for transfers other than fee simple, if the joint continuing effort to reduce paperwork
Real property acquired by a grantee or
subgrantee pursuant to 49 U.S.C. development improvement will deviate from and respondent burden, invites the
5302(a)(1)(G) shall be governed by 49 U.S.C. the specifics of the Certificate of Compliance.
general public and other Federal
5334(h), as amended, and subject to the A project sponsor may expedite FTA
agencies to comment on a continuing
obligations and conditions set forth in 49 approval if the joint development
information collection, as required by
CFR 18.31, as amended, which require the improvement conforms to the Certificate of
grantee or subgrantee to request disposition
the Paperwork Reduction Act of 1995.
Compliance.
instructions from FTA whenever real An agency may not conduct or sponsor,
FTA has corrected paragraph (9)(b) of the
property is no longer needed for the and a respondent is not required to
Certificate of Compliance. It now states that
originally authorized purpose. FTA received ‘‘grantee’’ shall have the meaning provided in
respond to, an information collection
eleven comments on its discussion of real
section (1) of this certificate.
unless it displays a currently valid
property. Three commenters asked FTA to Office of Management and Budget
clarify its discussion of 49 CFR 18.31 as it (i) Satisfactory Continuing Control (OMB) control number. The OCC is
applies to property used for joint soliciting comment concerning an
development purposes. Two commenters In its notice of proposed guidance, FTA
agree with FTA’s decision to no longer apply noted the applicability of the term extension of OMB approval of the
its administratively-derived test of ‘‘highest ‘‘satisfactory continuing control’’ to this information collection titled, ‘‘Lending
and best transit use’’ (or any other tests) for guidance and the Certificate of Compliance. Limits—12 CFR 32.’’
determining the value of real property used FTA received ten comments on this topic. DATES: Comments should be submitted
in FTA-funded joint development Four commenters favor the applicability of by April 9, 2007.
improvements, including the disposition of the term ‘‘satisfactory continuing control’’ ADDRESSES: Communications Division,
real property connected to a joint outlined by FTA in its notice of proposed
development improvement. Five commenters Office of the Comptroller of the
guidance. Six commenters asked FTA to Currency, Public Information Room,
expressed concern that language in FTA’s
clarify its guidance with respect to the Mailstop 1–5, Attention: 1557–0221,
proposed guidance would discourage fee
simple transfers of real property acquired disposition of property, including means by 250 E Street, SW., Washington, DC
with federal assistance within a joint which a grantee may maintain satisfactory 20219. In addition, comments may be
development project, and suggest that FTA continuing control through deed restrictions sent by fax to (202) 874–4448, or by
add to its guidance language from the FTA or other enforceable means. electronic mail to
Master Agreement with regard to the transfer FTA Response: Please see section (f) above regs.comments@occ.treas.gov. You can
of real property as an alternative to leasing. for a discussion on the disposition of real
Response: FTA responds to the
inspect and photocopy the comments at
property. the OCC’s Public Information Room, 250
commenters that expressed concern about 49
CFR 18.31 by explaining that part 18.31 (j) Miscellaneous E Street, SW., Washington, DC 20219.
contains property management standards One commenter noted that footnote 5 You can make an appointment to
applicable to all real property acquired using incorrectly cited 49 U.S.C. § 5302(a)(1)(G)(ii) inspect the comments by calling (202)
Federal transit funds. Real property used for 874–5043.
and suggested that the correct citation is 49
joint development purposes is not exempt Additionally, you should send a copy
from the requirements of 49 CFR 18.31. This U.S.C. 5302(a)(1)(G)(i). This same commenter
suggested that FTA substitute ‘‘section (I)’’ of your comments to OCC Desk Officer,
guidance document references FTA’s master
for ‘‘section (II)’’ in the first paragraph of 1557–0221, by mail to U.S. Office of
Agreement at section IV, Federal
Requirements. Section 19 of FTA’s Master section II and at the end of footnote 7. Management and Budget, 725 17th
Agreement sets forth FTA’s requirements on FTA Response: FTA has corrected both Street, NW., #10235, Washington, DC
the use of real property, equipment, and errors in this final Agency guidance. 20503, or by fax to (202) 395–6974.
supplies. FTA hereby publishes the text of its final FOR FURTHER INFORMATION CONTACT: You
(g) Third Party Contracting guidance on the eligibility of joint may request additional information
development improvements under Federal from Mary Gottlieb, Clearance Officer,
In its notice of proposed guidance, FTA
explains the applicability of third party transit law. or Camille Dickerson, (202) 874–5090,
contracting requirements to joint Issued on the 1st day of February, 2007. Legislative and Regulatory Activities
development improvements made eligible by James S. Simpson,
Division, Office of the Comptroller of
49 U.S.C. 5302(a)(1)(G). All three comments the Currency, 250 E Street, SW.,
support FTA’s explanation of these Administrator. Washington, DC 20219.
requirements. [FR Doc. E7–1977 Filed 2–6–07; 8:45 am] SUPPLEMENTARY INFORMATION:
(h) Certificate of Compliance BILLING CODE 4910–57–P Title: Lending Limits—12 CFR 32.
Type of Review: Extension, without
sroberts on PROD1PC70 with NOTICES

FTA received eight comments on its


proposed Certificate of Compliance, with revision, of a currently approved
some parties submitting multiple comments. collection.
Two parties favor the Certificate of OMB Control Number: 1557–0221.
Compliance inasmuch as it expedites FTA’s Description: 12 CFR 32.7(b)
review. Another party discourages the established a pilot program providing

VerDate Aug<31>2005 21:36 Feb 06, 2007 Jkt 211001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\07FEN1.SGM 07FEN1
Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Notices 5801

exceptions to the lending limits for 1– legal interpretations issued by the of the veteran’s claim? What actions
4 family residential real estate loans and Department’s General Counsel involving should or may VA take?
loans to small businesses. The veterans’ benefits under laws D. If a veteran with a pending claim
exceptions benefit national banks, administered by VA. These returns to active duty and dies while on
purchasers of real estate, and small interpretations are considered active duty, what is the effect of the
businesses. This information collection precedential by VA and will be followed pending claim on a subsequent claim for
requires national banks that want to take by VA officials and employees in future accrued benefits?
advantage of the exceptions to apply to claim matters. The summary is Held
OCC and receive approval before using published to provide the public, and, in
the exceptions. The OCC needs the particular, veterans’ benefits claimants A. A veteran’s return to active duty
information to evaluate whether a bank and their representatives, with notice of while his or her claim for benefits from
is eligible to use the exceptions and to VA’s interpretation regarding the legal the Department of Veterans Affairs (VA)
insure that the bank’s safety and matter at issue. is pending does not alter the rights and
soundness will not be jeopardized. FOR FURTHER INFORMATION CONTACT:
duties of the claimant and VA under
Affected Public: Businesses or other Susan P. Sokoll, Law Librarian, any statute or regulation with respect to
for-profit. Department of Veterans Affairs, 810 the development and adjudication of the
Burden Estimates: Vermont Avenue, NW. (026H), claim or the status of the claim within
Estimated Number of Respondents: the meaning of any statute or regulation.
Washington, DC 20420, (202) 273–6558.
1,820. VA should process the claims of such
SUPPLEMENTARY INFORMATION: VA
Estimated Number of Responses: veterans in the same fashion as it would
regulations at 38 CFR 2.6(e)(8) and had the veterans not returned to active
1,820. 14.507 authorize the Department’s
Estimated Annual Burden: 47,320 duty. If a veteran’s return to active duty
General Counsel to issue written legal temporarily prevents VA from providing
hours.
opinions having precedential effect in a necessary medical examination or
Frequency of Response: On occasion.
Comments: Comments submitted in adjudications and appeals involving taking other action necessary to a proper
response to this notice will be veterans’ benefits under laws decision on the claim, VA may suspend
summarized and included in the request administered by VA. The General or defer action on the claim until the
for OMB approval. All comments will Counsel’s interpretations on legal necessary actions can be accomplished.
become a matter of public record. matters, contained in such opinions, are VA may not deny a claim solely because
Comments are invited on: conclusive as to all VA officials and the veteran has returned to active duty
(a) Whether the collection is employees not only in the matter at or solely because the veteran is
necessary for the proper performance of issue but also in future adjudications temporarily unavailable for a necessary
the functions of the agency, including and appeals, in the absence of a change examination due to his or her return to
whether the information has practical in controlling statute or regulation or a active duty.
utility; superseding written legal opinion of the B. When a veteran’s claim has been
(b) The accuracy of the agency’s General Counsel. remanded to a regional office for an
estimate of the burden of the collection VA publishes summaries of such examination and the veteran is not
of information; opinions in order to provide the public available for the examination because of
(c) Ways to enhance the quality, with notice of those interpretations of the veteran’s return to active duty, VA
utility, and clarity of the information to the General Counsel that must be may defer action on the claim until the
be collected; followed in future benefit matters and to required examination can be conducted.
(d) Ways to minimize the burden of assist veterans’ benefits claimants and VA may not deny the claim solely
the collection on respondents, including their representatives in the prosecution because the veteran is temporarily
through the use of automated collection of benefit claims. The full text of such unavailable for examination due to his
techniques or other forms of information opinions, with personal identifiers or her return to active duty. The
technology; and deleted, may be obtained by contacting veteran’s return to active duty does not
(e) Estimates of capital or startup costs the VA official named above or by alter the status of the veteran’s claim
and costs of operation, maintenance, accessing the opinions on the internet at within the meaning of any statute or
and purchase of services to provide http://www1.va.gov/OGC/. regulation.
information. VAOPGCPREC 10–2004 C. When a veteran has a pending
Dated: February 1, 2007. claim and returns to active duty, but is
Questions Presented able to attend a VA examination while
Stuart Feldstein,
A. In general, what impact does a on active duty, VA should process the
Assistant Director, Legislative and Regulatory
veteran’s return to active duty have on claim in the same manner as it would
Activities Division.
a pending claim for benefits? What is if the veteran had not returned to active
[FR Doc. E7–1945 Filed 2–6–07; 8:45 am]
the status of the veteran’s claim? What duty. The veteran’s return to active duty
BILLING CODE 4810–33–P
actions should or may the Department does not alter the status of the veteran’s
of Veterans Affairs (VA) take? claim within the meaning of any statute
B. When a veteran’s claim has been or regulation.
DEPARTMENT OF VETERANS remanded to a regional office for an D. If a veteran with a pending claim
AFFAIRS examination and the veteran is not returns to active duty and dies on active
available for the examination because of duty before the claim is decided, the
Summary of Precedent Opinions of the pending claim may provide the basis for
the veteran’s return to active duty, what
General Counsel an award of accrued benefits to a
is the status of the veteran’s claim?
sroberts on PROD1PC70 with NOTICES

AGENCY: Department of Veterans Affairs. What actions should or may VA take? survivor under 38 U.S.C. 5121(a).
ACTION: Notice. C. When a veteran with a pending Accrued benefits consist only of
claim returns to active duty and is able amounts ‘‘due and unpaid’’ to the
SUMMARY: The Department of Veterans to attend a scheduled examination deceased beneficiary. Because 38 U.S.C.
Affairs (VA) is publishing a summary of while on active duty, what is the status 5304(c) prohibits VA from paying

VerDate Aug<31>2005 21:36 Feb 06, 2007 Jkt 211001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\07FEN1.SGM 07FEN1

Das könnte Ihnen auch gefallen