Loan Guaranty: Assistance to Eligible Individuals in Acquiring Specially Adapted Housing; Cost-of-Construction Index, 22145-22147 [E9-11079]

Download as PDF Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules the human environment. This rule involves implementation of regulations within 33 CFR Part 100 that apply to organized marine events on the navigable waters of the United States that may have potential for negative impact on the safety or other interest of waterway users and shore side activities in the event area. The category of water activities includes but is not limited to sail boat regattas, boat parades, power boat racing, swimming events, crew racing, and sail board racing. Under figure 2–1, paragraph (34)(h), of the Instruction, an ‘‘Environmental Analysis Check List’’ and a ‘‘Categorical Exclusion Determination’’ are not required for this rule. We seek any 22145 Authority: 33 U.S.C. 1233. comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 2. In the Table to § 100.501, suspend line No. 41 from July 1, 2009 to July 31, 2009; and a. From 9 a.m. to 5:30 p.m., on July 12, 2009, add line No. 63. The addition reads as follows: List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: § 100.501–T05–0252 Special Local Regulations; Recurring Marine Event in the Fifth Coast Guard District. * * * * * Table To § 100.501.—All coordinates listed in the Table to § 100.501 reference Datum NAD 1983. PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: COAST GUARD SECTOR HAMPTON ROADS—COTP ZONE Number Date * 63 ......... * * Event * July 12, 2009 ............ * Watermen’s Heritage Festival Workboat Races. * * * Dated: April 27, 2009. Fred M. Rosa, Jr. Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E9–10973 Filed 5–11–09; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 36 RIN 2900–AN26 Loan Guaranty: Assistance to Eligible Individuals in Acquiring Specially Adapted Housing; Cost-ofConstruction Index Department of Veterans Affairs. Proposed rule. AGENCY: tjames on PRODPC75 with PROPOSALS ACTION: SUMMARY: This document proposes to amend the Department of Veterans Affairs’ (VA’s) Loan Guaranty regulations concerning assistance to eligible individuals in acquiring specially adapted housing. The proposed change would implement provisions of the Housing and Economic Recovery Act of 2008, which authorized VA to provide for automatic annual increases in the dollar amounts VerDate Nov<24>2008 14:49 May 11, 2009 Jkt 217001 Sponsor Location * Watermen’s Museum of Yorktown, VA. * * * The waters of the York River, Yorktown, Virginia, bounded on the west by a line drawn along longitude 076°31′25″ W, bounded on the east by a line drawn along longitude 076°30′55″ W, bounded on the south by the shoreline and bounded on the north by a line drawn parallel and 400 yards north of the southern shoreline. available to certain Specially Adapted Housing grant recipients. DATES: Comments must be received on or before June 11, 2009. ADDRESSES: Written comments may be submitted through https:// www.Regulations.gov; by mail or handdelivery to Director, Regulations Management (02REG), Department of Veterans Affairs, 810 Vermont Ave., NW., Room 1068, Washington, DC 20420; or by fax to (202) 273–9026. Comments should indicate that they are submitted in response to ‘‘RIN 2900– AN26—Loan Guaranty: Assistance to Eligible Individuals in Acquiring Specially Adapted Housing; Cost-ofConstruction Index.’’ Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461–4902 (this is not a toll-free number) for an appointment. In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at https:// www.Regulations.gov. FOR FURTHER INFORMATION CONTACT: Katherine Faliski, Assistant Director for Loan Policy and Valuation, Loan Guaranty Service (26), Veterans Benefits PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461–9527. (This is not a toll-free telephone number.) The Housing and Economic Recovery Act of 2008, Public Law 110–289, directed the Secretary of Veterans Affairs to establish a residential home cost-of-construction index for the purpose of increasing certain Specially Adapted Housing (SAH) grant amounts. The law left it to the Secretary’s discretion to determine whether to develop a new index or to select one from the private sector. It required that any index selected, however, must reflect a uniform, national average change in the cost of residential home construction, determined on a calendar-year basis. This proposed rule identifies the index the Secretary plans to select, explains how the increase would be calculated, and requires the Secretary to publish annually in the Federal Register the aggregate amounts of assistance available. SUPPLEMENTARY INFORMATION: Selection of a Cost-of-Construction Index The Department of Veterans Affairs (VA) believes that an existing private sector index is appropriate for the purposes of 38 U.S.C. 2102(d). VA E:\FR\FM\12MYP1.SGM 12MYP1 22146 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules tjames on PRODPC75 with PROPOSALS believes this is preferable to establishing a VA-specific index because VA does not have the necessary resources and expertise to continuously monitor the costs of construction nationwide. This proposed rule identifies the Turner Building Cost Index (TBCI) as the index the Secretary plans to adopt. The TBCI has been prepared for more than 80 years. It tracks building costs and price trends nationwide. The factors considered in calculating the index include labor rates, productivity, material prices, and market conditions. As a result of TBCI’s emphasis on the costs of labor and materials, rather than property values or sales prices, it is best suited to reflect the cost of acquiring the adaptations needed by the veterans and servicemembers served by the SAH program. VA considered a number of alternatives to the TBCI. These alternatives included three indices computed by the United States Census Bureau: (1) The Laspeyres Price Index, which tracks increases in the sales price of homes while keeping housing quality constant; (2) the Paasche Index, which also measures changes in sales prices over time; and (3) the Fisher Ideal Index, which is a geometric average of the Laspeyres and Paasche Indices. Because all three Census Bureau indices track home sales prices, rather than construction costs, VA does not believe that they are as well suited for use with the SAH program as the TBCI. Home sales prices have little bearing on the cost of making adaptations to an eligible individual’s home. Although SAH grants may be used to acquire a suitably adapted home, they are more often used to adapt an existing home. VA also considered the Residential Cost Index published by Whitestone Research. The Whitestone Research Residential Cost Index (WRRCI) is based on multiple cost factors. Because the WRRCI tracks many cost factors that are not related to the labor and materials costs of making adaptations to an eligible individual’s home, VA does not believe the WRRCI is as well suited to the SAH program as the TBCI. Calculating the Aggregate Amounts of Assistance Available On October 1 of each year, beginning with 2009, the Secretary must increase the aggregate amounts of assistance available for SAH grants authorized under 38 U.S.C. 2101(a) and (b). In accordance with 38 U.S.C. 2101(e), the increase will equal the percentage by which the cost-of-construction index increased between the two preceding calendar years. In other words, for the adjustment effective October 1, 2009, VerDate Nov<24>2008 14:49 May 11, 2009 Jkt 217001 the Secretary must calculate the percentage by which the TBCI increased between calendar years 2007 and 2008. On October 1, the Secretary must increase the grant amounts by that amount. If, in any given calendar year, the TBCI remains flat or decreases, the aggregate amounts of assistance available will not change. Publication in the Federal Register Section 2102(e) of title 38, U.S.C., requires that the annual increase in the aggregate amounts of assistance available occur on October 1 of each year. The proposed rule would require that the Secretary publish the resulting figures in the Federal Register by September 30. VA believes that this would provide adequate notice to the public of the new aggregate amounts of assistance available each year. (Note: After publication, the figures also would be available on the Loan Guaranty Web site at https://www.homeloans.va.gov/ sah.htm.) Administrative Procedure Act The Secretary has determined that there is good cause to limit the public comment period on this rule to 30 days. This proposed rule is necessary to implement Congress’ directive to establish a cost-of-construction index to implement statutorily mandated increases by October 1, 2009. Therefore, in order to comply with this statute, the Secretary has provided a 30-day comment period for this rule. Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any year. This proposed rule would have no such effect on State, local, and tribal governments, or on the private sector. Paperwork Reduction Act This document contains no provisions constituting collections of information. Executive Order 12866 Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). The Executive Order classifies a regulatory PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 action as a ‘‘significant regulatory action,’’ requiring review by the Office of Management and Budget (OMB) unless OMB waives such a review, if it is a regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. The economic, interagency, budgetary, legal, and policy implications of this proposed rule have been examined, and it has been determined not to be a significant regulatory action under Executive Order 12866. Regulatory Flexibility Act The Secretary hereby certifies that this proposed rule would 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 et seq. This proposed rule will directly affect only individuals and will not directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), this proposed rule is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance numbers and titles for the programs affected by this document are 64.106, Specially Adapted Housing for Disabled Veterans; and 64.118, Veterans Housing—Direct Loans for Certain Disabled Veterans. Lists of Subjects in 38 CFR Part 36 Condominiums, 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. E:\FR\FM\12MYP1.SGM 12MYP1 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules Approved: April 17, 2009. John R. Gingrich, Chief of Staff, Department of Veterans Affairs. For the reasons set out in the preamble, VA proposes to amend 38 CFR part 36 (Subpart C) as set forth below. PART 36—LOAN GUARANTY Subpart C—Assistance to Certain Disabled Veterans in Acquiring Specially Adapted Housing 1. The authority citation for part 36 continues to read as follows: Authority: 38 U.S.C. 501 and as otherwise noted. 2. Add § 36.4412 to read as follows: § 36.4412 Annual adjustments to the aggregate amount of assistance available. (a) On October 1 of each year, the Secretary will increase the aggregate amounts of assistance available for grants authorized under 38 U.S.C. 2101(a) and 2101(b). Such increase will be equal to the percentage by which the Turner Building Cost Index for the most recent calendar year exceeds that of the next preceding calendar year. (b) Notwithstanding paragraph (a) of this section, if the Turner Building Cost Index for the most recent full calendar year is equal to or less than the next preceding calendar year, the percentage increase will be zero. (c) No later than September 30 of each year, the Secretary will publish in the Federal Register the aggregate amounts of assistance available for the upcoming fiscal year. (Authority: 38 U.S.C. 2102(e)) [FR Doc. E9–11079 Filed 5–11–09; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 51 and 52 [EPA–HQ–OAR–2009–0021; FRL–8766–3] tjames on PRODPC75 with PROPOSALS Stay of Clean Air Interstate Rule for Minnesota; Stay of Federal Implementation Plan To Reduce Interstate Transport of Fine Particulate Matter and Ozone for Minnesota AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to stay the effectiveness, in the State of Minnesota only, of two final rules issued under section 110 of the Clean Air Act (CAA) related to the interstate transport of VerDate Nov<24>2008 14:49 May 11, 2009 Jkt 217001 pollutants. On May 12, 2005, EPA issued the Clean Air Interstate Rule (CAIR). In CAIR, EPA required Minnesota and other states to submit State Implementation Plan (SIP) revisions to limit nitrogen oxides (NOX) and sulfur dioxide (SO2) emissions for the purpose of reducing the contributions these emissions make to particulate matter and ozone transport across state boundaries in the eastern half of the U.S. On April 28, 2006, EPA published Federal Implementation Plans (CAIR FIPs) containing requirements to serve as a backstop until replaced by an approved SIP. Subsequently, the U.S. Court of Appeals for the D.C. Circuit held that EPA had not properly addressed possible errors in the analysis supporting EPA’s decision that Minnesota should be included in the CAIR region for fine particulate matter (PM2.5). EPA is proposing to stay the effectiveness of CAIR and the CAIR FIP with respect to sources in Minnesota only, while EPA conducts a notice-andcomment rulemaking addressing this issue and its impact on the inclusion of Minnesota in CAIR. DATES: Comments must be received on or before June 11, 2009. If anyone contacts us requesting a public hearing by May 22, 2009, we will hold a public hearing approximately 30 days after publication in the Federal Register. Additional information about the hearing would be published in a subsequent Federal Register notice. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2009–0021, by one of the following methods: • www.regulations.gov. Follow the on-line instructions for submitting comments. • E-mail: a-and-r-docket@epa.gov. Attention Docket ID No. EPA–HQ– OAR–2009–0021. • Fax: (202) 566–9744. Attention Docket ID No. EPA–HQ–OAR–2009– 0021. • Mail: EPA Docket Center, EPA West (Air Docket), Attention Docket ID No. EPA–HQ–OAR–2009–0021, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • Hand Delivery: EPA Docket Center (Air Docket), Attention Docket ID No. EPA–HQ–OAR–2009–0021, Environmental Protection Agency, 1301 Constitution Avenue, NW., Room 3334; 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. PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 22147 Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2009– 0021. 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 e-mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail 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, 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 EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/ dockets.htm. 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 EPA Docket Center EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Tim Smith, Air Quality Planning Division, E:\FR\FM\12MYP1.SGM 12MYP1

Agencies

[Federal Register Volume 74, Number 90 (Tuesday, May 12, 2009)]
[Proposed Rules]
[Pages 22145-22147]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11079]


=======================================================================
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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 36

RIN 2900-AN26


Loan Guaranty: Assistance to Eligible Individuals in Acquiring 
Specially Adapted Housing; Cost-of-Construction Index

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document proposes to amend the Department of Veterans 
Affairs' (VA's) Loan Guaranty regulations concerning assistance to 
eligible individuals in acquiring specially adapted housing. The 
proposed change would implement provisions of the Housing and Economic 
Recovery Act of 2008, which authorized VA to provide for automatic 
annual increases in the dollar amounts available to certain Specially 
Adapted Housing grant recipients.

DATES: Comments must be received on or before June 11, 2009.

ADDRESSES: Written comments may be submitted through https://www.Regulations.gov; by mail or hand-delivery to Director, Regulations 
Management (02REG), Department of Veterans Affairs, 810 Vermont Ave., 
NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. 
Comments should indicate that they are submitted in response to ``RIN 
2900-AN26--Loan Guaranty: Assistance to Eligible Individuals in 
Acquiring Specially Adapted Housing; Cost-of-Construction Index.'' 
Copies of comments received will be available for public inspection in 
the Office of Regulation Policy and Management, Room 1063B, between the 
hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays). 
Please call (202) 461-4902 (this is not a toll-free number) for an 
appointment. In addition, during the comment period, comments may be 
viewed online through the Federal Docket Management System (FDMS) at 
https://www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Katherine Faliski, Assistant Director 
for Loan Policy and Valuation, Loan Guaranty Service (26), Veterans 
Benefits Administration, Department of Veterans Affairs, 810 Vermont 
Avenue, NW., Washington, DC 20420, (202) 461-9527. (This is not a toll-
free telephone number.)

SUPPLEMENTARY INFORMATION: The Housing and Economic Recovery Act of 
2008, Public Law 110-289, directed the Secretary of Veterans Affairs to 
establish a residential home cost-of-construction index for the purpose 
of increasing certain Specially Adapted Housing (SAH) grant amounts. 
The law left it to the Secretary's discretion to determine whether to 
develop a new index or to select one from the private sector. It 
required that any index selected, however, must reflect a uniform, 
national average change in the cost of residential home construction, 
determined on a calendar-year basis. This proposed rule identifies the 
index the Secretary plans to select, explains how the increase would be 
calculated, and requires the Secretary to publish annually in the 
Federal Register the aggregate amounts of assistance available.

Selection of a Cost-of-Construction Index

    The Department of Veterans Affairs (VA) believes that an existing 
private sector index is appropriate for the purposes of 38 U.S.C. 
2102(d). VA

[[Page 22146]]

believes this is preferable to establishing a VA-specific index because 
VA does not have the necessary resources and expertise to continuously 
monitor the costs of construction nationwide.
    This proposed rule identifies the Turner Building Cost Index (TBCI) 
as the index the Secretary plans to adopt. The TBCI has been prepared 
for more than 80 years. It tracks building costs and price trends 
nationwide. The factors considered in calculating the index include 
labor rates, productivity, material prices, and market conditions. As a 
result of TBCI's emphasis on the costs of labor and materials, rather 
than property values or sales prices, it is best suited to reflect the 
cost of acquiring the adaptations needed by the veterans and 
servicemembers served by the SAH program.
    VA considered a number of alternatives to the TBCI. These 
alternatives included three indices computed by the United States 
Census Bureau: (1) The Laspeyres Price Index, which tracks increases in 
the sales price of homes while keeping housing quality constant; (2) 
the Paasche Index, which also measures changes in sales prices over 
time; and (3) the Fisher Ideal Index, which is a geometric average of 
the Laspeyres and Paasche Indices. Because all three Census Bureau 
indices track home sales prices, rather than construction costs, VA 
does not believe that they are as well suited for use with the SAH 
program as the TBCI. Home sales prices have little bearing on the cost 
of making adaptations to an eligible individual's home. Although SAH 
grants may be used to acquire a suitably adapted home, they are more 
often used to adapt an existing home.
    VA also considered the Residential Cost Index published by 
Whitestone Research. The Whitestone Research Residential Cost Index 
(WRRCI) is based on multiple cost factors. Because the WRRCI tracks 
many cost factors that are not related to the labor and materials costs 
of making adaptations to an eligible individual's home, VA does not 
believe the WRRCI is as well suited to the SAH program as the TBCI.

Calculating the Aggregate Amounts of Assistance Available

    On October 1 of each year, beginning with 2009, the Secretary must 
increase the aggregate amounts of assistance available for SAH grants 
authorized under 38 U.S.C. 2101(a) and (b). In accordance with 38 
U.S.C. 2101(e), the increase will equal the percentage by which the 
cost-of-construction index increased between the two preceding calendar 
years. In other words, for the adjustment effective October 1, 2009, 
the Secretary must calculate the percentage by which the TBCI increased 
between calendar years 2007 and 2008. On October 1, the Secretary must 
increase the grant amounts by that amount. If, in any given calendar 
year, the TBCI remains flat or decreases, the aggregate amounts of 
assistance available will not change.

Publication in the Federal Register

    Section 2102(e) of title 38, U.S.C., requires that the annual 
increase in the aggregate amounts of assistance available occur on 
October 1 of each year. The proposed rule would require that the 
Secretary publish the resulting figures in the Federal Register by 
September 30. VA believes that this would provide adequate notice to 
the public of the new aggregate amounts of assistance available each 
year. (Note: After publication, the figures also would be available on 
the Loan Guaranty Web site at https://www.homeloans.va.gov/sah.htm.)

Administrative Procedure Act

    The Secretary has determined that there is good cause to limit the 
public comment period on this rule to 30 days. This proposed rule is 
necessary to implement Congress' directive to establish a cost-of-
construction index to implement statutorily mandated increases by 
October 1, 2009. Therefore, in order to comply with this statute, the 
Secretary has provided a 30-day comment period for this rule.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any year. This proposed rule would have no such effect on 
State, local, and tribal governments, or on the private sector.

Paperwork Reduction Act

    This document contains no provisions constituting collections of 
information.

Executive Order 12866

    Executive Order 12866 directs agencies to assess all costs and 
benefits of available regulatory alternatives and, when regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity). The Executive 
Order classifies a regulatory action as a ``significant regulatory 
action,'' requiring review by the Office of Management and Budget (OMB) 
unless OMB waives such a review, if it is a regulatory action that is 
likely to result in a rule that may: (1) Have an annual effect on the 
economy of $100 million or more or adversely affect in a material way 
the economy, a sector of the economy, productivity, competition, jobs, 
the environment, public health or safety, or State, local, or tribal 
governments or communities; (2) create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    The economic, interagency, budgetary, legal, and policy 
implications of this proposed rule have been examined, and it has been 
determined not to be a significant regulatory action under Executive 
Order 12866.

Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule would 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 et seq. This proposed rule will directly affect only 
individuals and will not directly affect small entities. Therefore, 
pursuant to 5 U.S.C. 605(b), this proposed rule is exempt from the 
initial and final regulatory flexibility analysis requirements of 
sections 603 and 604.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document are 64.106, Specially Adapted 
Housing for Disabled Veterans; and 64.118, Veterans Housing--Direct 
Loans for Certain Disabled Veterans.

Lists of Subjects in 38 CFR Part 36

    Condominiums, 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.


[[Page 22147]]


    Approved: April 17, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.

    For the reasons set out in the preamble, VA proposes to amend 38 
CFR part 36 (Subpart C) as set forth below.

PART 36--LOAN GUARANTY

Subpart C--Assistance to Certain Disabled Veterans in Acquiring 
Specially Adapted Housing

    1. The authority citation for part 36 continues to read as follows:

    Authority:  38 U.S.C. 501 and as otherwise noted.

    2. Add Sec.  36.4412 to read as follows:


Sec.  36.4412  Annual adjustments to the aggregate amount of assistance 
available.

    (a) On October 1 of each year, the Secretary will increase the 
aggregate amounts of assistance available for grants authorized under 
38 U.S.C. 2101(a) and 2101(b). Such increase will be equal to the 
percentage by which the Turner Building Cost Index for the most recent 
calendar year exceeds that of the next preceding calendar year.
    (b) Notwithstanding paragraph (a) of this section, if the Turner 
Building Cost Index for the most recent full calendar year is equal to 
or less than the next preceding calendar year, the percentage increase 
will be zero.
    (c) No later than September 30 of each year, the Secretary will 
publish in the Federal Register the aggregate amounts of assistance 
available for the upcoming fiscal year.

(Authority: 38 U.S.C. 2102(e))

[FR Doc. E9-11079 Filed 5-11-09; 8:45 am]
BILLING CODE 8320-01-P
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