Loan Guaranty: Implementation of Public Law 107-103, 3892-3893 [05-1540]
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Federal Register / Vol. 70, No. 17 / Thursday, January 27, 2005 / Rules and Regulations
20. Section 1.492 is revised to read as
follows:
I
§ 1.492
National stage fees.
The following fees and charges are
established for international
applications entering the national stage
under 35 U.S.C. 371:
(a) The basic national fee for an
international application entering the
national stage under 35 U.S.C. 371 if the
basic national fee was not paid before
December 8, 2004:
By a small entity (§ 1.27(a))—$150.00.
By other than a small entity—$300.00.
(b) Search fee for an international
application entering the national stage
under 35 U.S.C. 371 if the basic national
fee was not paid before December 8,
2004:
By a small entity (§ 1.27(a))—$250.00.
By other than a small entity—$500.00.
(c) The examination fee for an
international application entering the
national stage under 35 U.S.C. 371 if the
basic national fee was not paid before
December 8, 2004:
By a small entity (§ 1.27(a))—$100.00.
By other than a small entity—$200.00.
(d) In addition to the basic national
fee, for filing or on later presentation at
any other time of each claim in
independent form in excess of 3:
By a small entity (§ 1.27(a))—$100.00.
By other than a small entity—$200.00.
(e) In addition to the basic national
fee, for filing or on later presentation at
any other time of each claim (whether
dependent or independent) in excess of
20 (note that § 1.75(c) indicates how
multiple dependent claims are
considered for fee calculation purposes):
By a small entity (§ 1.27(a))—$25.00.
By other than a small entity—$50.00.
(f) In addition to the basic national
fee, if the application contains, or is
amended to contain, a multiple
dependent claim, per application:
By a small entity (§ 1.27(a))—$180.00.
By other than a small entity—$360.00.
(g) If the excess claims fees required
by paragraphs (d) and (e) of this section
and multiple dependent claim fee
required by paragraph (f) of this section
are not paid with the basic national fee
or on later presentation of the claims for
which the excess claims or multiple
dependent claim fees are due, the fees
required by paragraphs (d), (e), and (f)
of this section must be paid or the
claims canceled by amendment prior to
the expiration of the time period set for
reply by the Office in any notice of fee
deficiency in order to avoid
abandonment.
(h) Surcharge for filing the oath or
declaration later than thirty months
from the priority date pursuant to
§ 1.495(c):
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19:04 Jan 26, 2005
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By a small entity (§ 1.27(a))—$65.00.
By other than a small entity—$130.00.
(i) For filing an English translation of
an international application or of any
annexes to an international preliminary
examination report later than thirty
months after the priority date
(§§ 1.495(c) and (e))—$130.00.
(j) Application size fee for any
international application for which the
basic national fee was not paid before
December 8, 2004, the specification and
drawings of which exceed 100 sheets of
paper, for each additional 50 sheets or
fraction thereof:
By a small entity (§ 1.27(a))—$125.00.
By other than a small entity—$250.00.
I 21. Section 1.495 is amended by
revising paragraph (c) to read as follows:
§ 1.495 Entering the national stage in the
United States of America.
*
*
*
*
*
(c)(1) If applicant complies with
paragraph (b) of this section before
expiration of thirty months from the
priority date, the Office will notify the
applicant if he or she has omitted any
of:
(i) A translation of the international
application, as filed, into the English
language, if it was originally filed in
another language (35 U.S.C. 371(c)(2));
(ii) The oath or declaration of the
inventor (35 U.S.C. 371(c)(4) and
§ 1.497), if a declaration of inventorship
in compliance with § 1.497 has not been
previously submitted in the
international application under PCT
Rule 4.17(iv) within the time limits
provided for in PCT Rule 26ter.1;
(iii) The search fee set forth in
§ 1.492(b);
(iv) The examination fee set forth in
§ 1.492(c); and
(v) Any application size fee required
by § 1.492(j).
(2) A notice under paragraph (c)(1) of
this section will set a period of time
within which applicant must provide
any omitted translation, oath or
declaration of the inventor, search fee
set forth in § 1.492(b), examination fee
set forth in § 1.492(c), and any
application size fee required by
§ 1.492(j) in order to avoid abandonment
of the application.
(3) The payment of the processing fee
set forth in § 1.492(i) is required for
acceptance of an English translation
later than the expiration of thirty
months after the priority date. The
payment of the surcharge set forth in
§ 1.492(h) is required for acceptance of
the oath or declaration of the inventor
later than the expiration of thirty
months after the priority date.
(4) A ‘‘Sequence Listing’’ need not be
translated if the ‘‘Sequence Listing’’
PO 00000
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Fmt 4700
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complies with PCT Rule 12.1(d) and the
description complies with PCT Rule
5.2(b).
*
*
*
*
*
PART 41—PRACTICE BEFORE THE
BOARD OF PATENT APPEALS AND
INTERFERENCES
22. The authority citation for 37 CFR
Part 41 continues to read as follows:
I
Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21,
23, 32, 41, 134, 135.
23. Section 41.20 is amended by
revising paragraph (b) to read as follows:
I
§ 41.20
Fees.
*
*
*
*
*
(b) Appeal fees.
(1) For filing a notice of appeal from
the examiner to the Board:
By a small entity (§ 1.27(a) of this
title)—$250.00.
By other than a small entity—$500.00.
(2) In addition to the fee for filing a
notice of appeal, for filing a brief in
support of an appeal:
By a small entity (§ 1.27(a) of this
title)—$250.00.
By other than a small entity—$500.00.
(3) For filing a request for an oral
hearing before the Board in an appeal
under 35 U.S.C. 134:
By a small entity (§ 1.27(a) of this
title)—$500.00.
By other than a small entity—
$1,000.00.
Dated: January 18, 2005.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 05–1377 Filed 1–26–05; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 36
RIN 2900–AL23
Loan Guaranty: Implementation of
Public Law 107–103
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
SUMMARY: This document affirms, with
one modification, an amendment to the
Department of Veterans Affairs (VA)
loan guaranty regulations implementing
sections 401 through 404 of the Veterans
Education and Benefits Expansion Act
of 2001. The amendment incorporates
into the regulations the following
statutory changes: an increase in the
maximum amount of loan guaranty
E:\FR\FM\27JAR1.SGM
27JAR1
Federal Register / Vol. 70, No. 17 / Thursday, January 27, 2005 / Rules and Regulations
entitlement from $50,750 to $60,000, a
liberalization of the requirements
regarding Memoranda of Understanding
(MOU) between VA and Native
American Tribes in order for their
members to qualify for direct housing
loans to Native American veterans, a
revision of the requirement that loan
instruments used in connection with
VA guaranteed loans contain a
statement that such loans are not
assumable without prior VA approval,
and an increase in the maximum
specially adapted housing grant and in
the special housing adaptations grant.
Because these special housing grant
amounts have been increased by
subsequent legislation, this final rule
reflects the current statutory limits of
$50,000 and $10,000, respectively.
DATES: Effective Date: This rule is
effective on January 27, 2005.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert D. Finneran, Assistant Director
for Policy and Valuation (262), Loan
Guaranty Service, Veterans Benefits
Administration, Department of Veterans
Affairs, Washington, DC 20420, (202)
273–7368.
SUPPLEMENTARY INFORMATION: Under 38
U.S.C. chapter 37, VA guarantees loans
made by private lenders to veterans for
the purchase, construction, and
refinancing of homes owned and
occupied by veterans. VA also makes
direct housing loans to Native American
veterans living on tribal trust land.
In addition, under 38 U.S.C. chapter
21, VA provides grants to certain
severely disabled veterans with
qualifying permanent and total serviceconnected disabilities to make
adaptations to their homes that are
necessary because of the nature of the
veterans’ disabilities.
Regulations detailing the procedures
necessary for the Secretary to operate
these programs are set forth in 38 CFR
part 36. On February 10, 2003, VA
published in the Federal Register at 68
FR 6625 an interim final rule
implementing sections 401 through 404
of Pub. L. 107–103. Section 36.4302 of
38 CFR was amended to reflect an
increase in the maximum guaranty on a
housing loan made to eligible veterans
from $50,750 to $60,000. Section
36.4527 of 38 CFR was amended to
allow VA to make housing loans to a
Native American veteran if the tribe has
entered into an MOU with another
Federal agency with regard to loans to
Native Americans residing on tribal
lands, so long as the Secretary of VA
determines that the MOU substantially
complies with VA’s home loan
requirements. Section 36.4308 of 38
CFR was amended to require that the
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19:04 Jan 26, 2005
Jkt 205001
statement that loans are not assumable
without prior VA approval appear on at
least one, rather than all, instruments
evidencing the loan or the security
therefor. It was also amended to
eliminate the requirement that the
notice be in capital letters and on the
first page of the document. Title 38 CFR
36.4404 was amended to reflect the
increased maximum grants VA may
make to certain veterans with total and
permanent service connected
disabilities to assist those veterans in
adapting housing to their special needs.
At the time of publication of the interim
final rule, the specially adapted housing
grant had been increased from $43,000
to $48,000 and the special housing
adaptations grant was increased from
$8,250 to $9,250.
The interim final rule provided for a
60-day comment period that ended
April 11, 2003. We received no
comments. Based on the rationale set
forth in the interim final rule we now
affirm as a final rule the changes made
to 38 CFR 36.4302, 36.4308, and
36.4527.
However, we are modifying the
change made to § 36.4404 of 38 CFR by
the interim final rule. Section 402 of
Pub. L. 108–183, enacted December 16,
2003, further increased the maximum
specially adapted housing grant to
$50,000 and the special housing
adaptations grant to $10,000. This final
rule reflects the current statutory limits.
Paperwork Reduction Act
This document contains no provisions
constituting a collection of information
under the Paperwork Reduction Act (44
U.S.C. 3501–3521).
Administrative Procedure Act
Changes to 38 CFR 36.4404 are being
published without regard to the noticeand-comment and delayed-effectivedate provisions of 5 U.S.C. 553 since
they merely conform VA’s existing rules
to the statutory amendments made by
Pub. L. 108–183. Accordingly, these
changes involve interpretive rules
exempt from the notice-and-comment
and delayed-effective-date requirement
of 5 U.S.C. 553(b) and (d).
Regulatory Flexibility Act
For the reasons set forth in the interim
final rule, the Secretary hereby certifies
that this final rule will not have a
significant economic impact on a
substantial number of small entities as
they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612.
Therefore, pursuant to 5 U.S.C. 605(b),
this final rule is exempt from the initial
and final regulatory flexibility analysis
requirements of sections 603 and 604.
PO 00000
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Sfmt 4700
3893
Unfunded Mandates
The Unfunded Mandates Reform Act
requires, at 2 U.S.C. 1532, that agencies
prepare an assessment of anticipated
costs and benefits before developing any
rule that may result in an expenditure
by State, local, or tribal governments, in
the aggregate, or by the private sector, of
$100 million or more in any given year.
As explained in the interim final rule,
this rule would have no such effect on
State, local, or tribal governments, nor
will it impose costs on the private
sector.
The Catalog of Federal Domestic
Assistance Program numbers are 64.114 and
64.119.
List of Subjects in 38 CFR Part 36
Condominiums, Flood insurance,
Housing, Indians, Individuals with
disabilities, Loan programs-housing and
community development, Loan
programs-Indians, Loan programsveterans, Manufactured homes,
Mortgage insurance, Reporting and
recordkeeping requirements, Veterans.
Approved: January 6, 2005.
Anthony J. Principi,
Secretary of Veterans Affairs.
Accordingly, the interim rule
amending 38 CFR part 36, which was
published in the Federal Register at 68
FR 6625 on February 10, 2003, is adopted
as a final rule with the following
changes.
I
PART 36—LOAN GUARANTY
1. The authority citation for part 36
continues to read as follows:
I
Authority: 38 U.S.C. 501, 3701–3704, 3707,
3710–3714, 3719, 3720, 3729, 3762, unless
otherwise noted.
2. In § 36.4404, paragraph (a)
introductory text, paragraph (b)(2), and
the authority citation at the end of the
section are revised to read as follows:
I
§ 36.4404
Computation of cost.
(a) Computation of cost of housing
unit. Under section 2101(a) of chapter
21, for the purpose of computing the
amount of benefits payable to a veteranbeneficiary, there may be included in
the total cost to the veteran the
following amount, not to exceed
$50,000.
*
*
*
*
*
(b) * * *
(2) $10,000.
(Authority: 38 U.S. C. 2102)
[FR Doc. 05–1540 Filed 1–26–05; 8:45 am]
BILLING CODE 8320–01–P
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]]>Agencies
[Federal Register Volume 70, Number 17 (Thursday, January 27, 2005)]
[Rules and Regulations]
[Pages 3892-3893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1540]
=======================================================================
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 36
RIN 2900-AL23
Loan Guaranty: Implementation of Public Law 107-103
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document affirms, with one modification, an amendment to
the Department of Veterans Affairs (VA) loan guaranty regulations
implementing sections 401 through 404 of the Veterans Education and
Benefits Expansion Act of 2001. The amendment incorporates into the
regulations the following statutory changes: an increase in the maximum
amount of loan guaranty
[[Page 3893]]
entitlement from $50,750 to $60,000, a liberalization of the
requirements regarding Memoranda of Understanding (MOU) between VA and
Native American Tribes in order for their members to qualify for direct
housing loans to Native American veterans, a revision of the
requirement that loan instruments used in connection with VA guaranteed
loans contain a statement that such loans are not assumable without
prior VA approval, and an increase in the maximum specially adapted
housing grant and in the special housing adaptations grant. Because
these special housing grant amounts have been increased by subsequent
legislation, this final rule reflects the current statutory limits of
$50,000 and $10,000, respectively.
DATES: Effective Date: This rule is effective on January 27, 2005.
FOR FURTHER INFORMATION CONTACT: Mr. Robert D. Finneran, Assistant
Director for Policy and Valuation (262), Loan Guaranty Service,
Veterans Benefits Administration, Department of Veterans Affairs,
Washington, DC 20420, (202) 273-7368.
SUPPLEMENTARY INFORMATION: Under 38 U.S.C. chapter 37, VA guarantees
loans made by private lenders to veterans for the purchase,
construction, and refinancing of homes owned and occupied by veterans.
VA also makes direct housing loans to Native American veterans living
on tribal trust land.
In addition, under 38 U.S.C. chapter 21, VA provides grants to
certain severely disabled veterans with qualifying permanent and total
service-connected disabilities to make adaptations to their homes that
are necessary because of the nature of the veterans' disabilities.
Regulations detailing the procedures necessary for the Secretary to
operate these programs are set forth in 38 CFR part 36. On February 10,
2003, VA published in the Federal Register at 68 FR 6625 an interim
final rule implementing sections 401 through 404 of Pub. L. 107-103.
Section 36.4302 of 38 CFR was amended to reflect an increase in the
maximum guaranty on a housing loan made to eligible veterans from
$50,750 to $60,000. Section 36.4527 of 38 CFR was amended to allow VA
to make housing loans to a Native American veteran if the tribe has
entered into an MOU with another Federal agency with regard to loans to
Native Americans residing on tribal lands, so long as the Secretary of
VA determines that the MOU substantially complies with VA's home loan
requirements. Section 36.4308 of 38 CFR was amended to require that the
statement that loans are not assumable without prior VA approval appear
on at least one, rather than all, instruments evidencing the loan or
the security therefor. It was also amended to eliminate the requirement
that the notice be in capital letters and on the first page of the
document. Title 38 CFR 36.4404 was amended to reflect the increased
maximum grants VA may make to certain veterans with total and permanent
service connected disabilities to assist those veterans in adapting
housing to their special needs. At the time of publication of the
interim final rule, the specially adapted housing grant had been
increased from $43,000 to $48,000 and the special housing adaptations
grant was increased from $8,250 to $9,250.
The interim final rule provided for a 60-day comment period that
ended April 11, 2003. We received no comments. Based on the rationale
set forth in the interim final rule we now affirm as a final rule the
changes made to 38 CFR 36.4302, 36.4308, and 36.4527.
However, we are modifying the change made to Sec. 36.4404 of 38
CFR by the interim final rule. Section 402 of Pub. L. 108-183, enacted
December 16, 2003, further increased the maximum specially adapted
housing grant to $50,000 and the special housing adaptations grant to
$10,000. This final rule reflects the current statutory limits.
Paperwork Reduction Act
This document contains no provisions constituting a collection of
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).
Administrative Procedure Act
Changes to 38 CFR 36.4404 are being published without regard to the
notice-and-comment and delayed-effective-date provisions of 5 U.S.C.
553 since they merely conform VA's existing rules to the statutory
amendments made by Pub. L. 108-183. Accordingly, these changes involve
interpretive rules exempt from the notice-and-comment and delayed-
effective-date requirement of 5 U.S.C. 553(b) and (d).
Regulatory Flexibility Act
For the reasons set forth in the interim final rule, the Secretary
hereby certifies that this final rule will not have a significant
economic impact on a substantial number of small entities as they are
defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. Therefore,
pursuant to 5 U.S.C. 605(b), this final rule is exempt from the initial
and final regulatory flexibility analysis requirements of sections 603
and 604.
Unfunded Mandates
The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of anticipated costs and benefits before
developing any rule that may result in an expenditure by State, local,
or tribal governments, in the aggregate, or by the private sector, of
$100 million or more in any given year. As explained in the interim
final rule, this rule would have no such effect on State, local, or
tribal governments, nor will it impose costs on the private sector.
The Catalog of Federal Domestic Assistance Program numbers are
64.114 and 64.119.
List of Subjects in 38 CFR Part 36
Condominiums, Flood insurance, Housing, Indians, Individuals with
disabilities, Loan programs-housing and community development, Loan
programs-Indians, Loan programs-veterans, Manufactured homes, Mortgage
insurance, Reporting and recordkeeping requirements, Veterans.
Approved: January 6, 2005.
Anthony J. Principi,
Secretary of Veterans Affairs.
0
Accordingly, the interim rule amending 38 CFR part 36, which was
published in the Federal Register at 68 FR 6625 on February 10, 2003,
is adopted as a final rule with the following changes.
PART 36--LOAN GUARANTY
0
1. The authority citation for part 36 continues to read as follows:
Authority: 38 U.S.C. 501, 3701-3704, 3707, 3710-3714, 3719,
3720, 3729, 3762, unless otherwise noted.
0
2. In Sec. 36.4404, paragraph (a) introductory text, paragraph (b)(2),
and the authority citation at the end of the section are revised to
read as follows:
Sec. 36.4404 Computation of cost.
(a) Computation of cost of housing unit. Under section 2101(a) of
chapter 21, for the purpose of computing the amount of benefits payable
to a veteran-beneficiary, there may be included in the total cost to
the veteran the following amount, not to exceed $50,000.
* * * * *
(b) * * *
(2) $10,000.
(Authority: 38 U.S. C. 2102)
[FR Doc. 05-1540 Filed 1-26-05; 8:45 am]
BILLING CODE 8320-01-P
