Loan Guaranty: Assistance to Eligible Individuals in Acquiring Specially Adapted Housing; Cost-of-Construction Index, 48657-48659 [E9-23022]
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Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have Tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
Tribes, on the relationship between the
Federal Government and Indian Tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
cprice-sewell on DSK2BSOYB1PROD with RULES
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
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13:21 Sep 23, 2009
Jkt 217001
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
establishes a safety zone and therefore
falls under the categorical exclusion in
paragraph (34)(g). An environmental
analysis checklist and a categorical
exclusion determination are available in
the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
48657
Designated on-scene patrol personnel,
means any commissioned, warrant and
petty officers of the U.S. Coast Guard
operating Coast Guard vessels who have
been authorized to act on the behalf of
the Captain of the Port Long Island
Sound.
(c) Regulations. (1) The general
regulations contained in 33 CFR 165.23
apply.
(2) In accordance with the general
regulations in § 165.23 of this part, entry
into or movement within this zone is
prohibited unless authorized by the
Captain of the Port Long Island Sound.
(3) All persons and vessels must
comply with the Coast Guard Captain of
the Port or the designated on-scene
patrol personnel.
(4) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel must proceed as directed.
(5) Persons and vessels may request
permission to enter the zone on VHF–
16 or via phone at (203) 468–4401.
(d) Effective period. This rule is
effective from September 8th, 2009,
through May 28th, 2010, inclusive.
Dated: September 4, 2009.
Kevin C. Burke,
Commander, U.S. Coast Guard, Acting
Captain of the Port Long Island Sound.
[FR Doc. E9–22981 Filed 9–23–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 36
RIN 2900–AN26
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Loan Guaranty: Assistance to Eligible
Individuals in Acquiring Specially
Adapted Housing; Cost-ofConstruction Index
AGENCY:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–0755 to read as
follows:
■
§ 165.T01–0755 Safety Zone: Robert
Moses Causeway Bridge State Boat
Channel, Captree, New York.
(a) Location. The following area is a
safety zone: All navigable waters of the
Federal channel on the State Boat
Channel in Captree, NY, from surface to
bottom, within 100 yards to either side
of the Robert Moses Causeway Bridge.
(b) Definitions. The following
definition applies to this section:
PO 00000
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Fmt 4700
Sfmt 4700
ACTION:
Department of Veterans Affairs.
Final rule.
SUMMARY: This document amends the
Department of Veterans Affairs’ (VA’s)
Loan Guaranty regulations concerning
assistance to eligible individuals in
acquiring specially adapted housing.
This final rule implements 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: Effective Date: October 26, 2009.
FOR FURTHER INFORMATION CONTACT:
Katherine Faliski, Assistant Director for
Loan Policy and Valuation, Loan
Guaranty Service (26), Veterans Benefits
E:\FR\FM\24SER1.SGM
24SER1
48658
Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420, (202) 461–9527.
(This is not a toll-free telephone
number.)
In a
document published in the Federal
Register on May 12, 2009 (74 FR 22145),
VA proposed to amend the Specially
Adapted Housing (SAH) regulations (38
CFR part 36, subpart C) to implement
provisions of Public Law 110–289, the
Housing and Economic Recovery Act of
2008. Section 2605 of the law directed
the Secretary of Veterans Affairs to
establish a residential home cost-ofconstruction index for the purpose of
increasing certain SAH grant amounts. It
also authorized the Secretary to ‘‘use an
index developed in the private sector
that the Secretary determines is
appropriate for [this purpose].’’
The comment period ended June 11,
2009, and VA received only one
response, which was from an
association representing homebuilders.
This commenter indicated its support
for the proposed rule with regard to
VA’s plan to implement ‘‘much needed
increases in grant amounts that are
provided to severely disabled Veterans’’
through the SAH program. However, the
commenter disagreed with VA’s choice
of index.
VA proposed the Turner Building
Cost Index (TBCI) for increasing the
amounts of SAH grant assistance
available. We based the choice mainly
on the fact that the TBCI emphasizes the
costs of labor and materials, rather than
property values or sales prices. Since
property values do not necessarily
reflect the expense a Veteran or
servicemember might have to incur
when adapting a home, we believed the
TBCI to be the best-suited index for the
SAH program.
The commenter pointed out that, in
its opinion, the TBCI is not appropriate,
because the TBCI measures primarily
non-residential building construction
costs. Instead, the commenter
recommended that VA adopt an index
like the U.S. Census Bureau’s Price
Deflator Index of New One-Family
Houses Under Construction (‘‘Fisher
Index’’). The commenter stated that the
Census Bureau’s Index is preferable to
the TBCI because it tracks new homes
under construction as opposed to nonresidential buildings. It also pointed out
that the Fisher Index is developed by a
Government organization whose
methodology is readily available.
Due to the commenter’s position, VA
further researched the methodologies
used to develop the various indices. VA
discussed with representatives from
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SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
13:21 Sep 23, 2009
Jkt 217001
Turner and the U.S. Census Bureau the
strengths and weaknesses of applying
each of their respective indices (the
TBCI, the Fisher Index, and the
Laspeyres Price Index) to the SAH
program and determined that, at this
time, the TBCI is the most appropriate
for calculating the annual SAH
increases. VA concurs with the
commenter’s preference for a cost index
that is maintained by a Government
organization. However, VA points out
that the indices produced by the U.S.
Census Bureau are primarily valuedriven, as they are derived by
subtracting the cost of land and ‘‘other
costs not related to construction’’ from
the value of the home.
VA believes that, for the purposes of
the SAH program, an index based on
actual cost of materials and labor is
more suitable than one based on the
value of homes. The SAH authorizing
statutes expressly require payment of
SAH assistance based on ‘‘costs’’ to the
individual. Section 2605 of the Housing
and Economic Recovery Act of 2008
also refers expressly to costs, not value.
Additionally, VA has determined that,
at least for the first year of
implementation, the TBCI will afford
Veterans more purchasing power when
constructing or adapting a home than
the Fisher or Laspeyres indices.
Admittedly, the TBCI is not perfectly
tailored for the SAH program. The
commenter is correct in that the TBCI is
mainly driven by commercial
construction costs and that the statute
refers to a residential index.
VA has determined, however, that
although the TBCI may not be intended
for estimating residential construction
costs in general, it is a reliable indicator
for the types of residential costs unique
to the SAH program. For instance, many
Veterans need SAH assistance to
reinforce their homes with steel piers,
purchase wheelchair lifts, and pay
engineering fees—all types of expenses
not generally associated with residential
construction, yet very relevant to
Veterans who participate in the SAH
program. Furthermore, VA analyzed
data from the last forty years and saw
that, had SAH assistance been tied to
the TBCI during that time, today’s grant
amount would be about $6,000 higher
than had it been tied to the Fisher or
Laspeyres. Given that the TBCI is costbased; the types of adaptations in the
SAH program are not ‘‘typical’’
residential costs; the difference in the
indices over four decades is relatively
small; and the advantages of the TBCI
weigh in a Veteran’s favor, we have
decided to adopt the TBCI as the costof-construction index for determining
fiscal year 2010 grant amounts.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
For the above reasons, we will not
make any changes to the proposed rule
based upon the comment we received.
However, we will monitor the cost
indices available in the marketplace and
propose changes to VA’s Loan Guaranty
regulations if we determine that
increases in SAH grant amounts should
be based upon an alternative cost-ofconstruction index.
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 final 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 final rule have been
examined, and it has been determined
E:\FR\FM\24SER1.SGM
24SER1
Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations
not to be a significant regulatory action
under Executive Order 12866.
Regulatory Flexibility Act
The Secretary hereby certifies that the
adoption of the 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 et seq. This
final rule will directly affect only
individuals and will not directly affect
small entities. Therefore, pursuant to 5
U.S.C. 605(b), the 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.
Approved: September 15, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
For the reasons set out in the
preamble, VA amends 38 CFR part 36
(Subpart C) as set forth below.
■
PART 36—LOAN GUARANTY
1. The authority citation for part 36
continues to read as follows:
■
Authority: 38 U.S.C. 501 and as otherwise
noted.
Subpart C—Assistance to Certain
Disabled Veterans in Acquiring
Specially Adapted Housing
■
2. Add § 36.4412 to read as follows:
cprice-sewell on DSK2BSOYB1PROD with RULES
§ 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
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13:21 Sep 23, 2009
Jkt 217001
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. E9–23022 Filed 9–23–09; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0293; FRL–8961–6]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Lead (Pb) Maintenance Plan Update for
Marion County
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is approving a request
submitted by the Indiana Department of
Environmental Management (IDEM) on
April 1, 2009, to revise the Indiana State
Implementation Plan (SIP) for lead (Pb).
The State has submitted an update to its
Pb maintenance plan for Marion County
for continued attainment of the 1.5
micrograms per cubic meter (μg/m3)
National Ambient Air Quality Standard
(NAAQS) promulgated in 1978. This
update satisfies section 175A of the
Clean Air Act (CAA), and is in
accordance with EPA’s May 10, 2000,
approval of the State’s Redesignation
Request and Maintenance Plan for the
Marion County Pb nonattainment areas.
Additionally, this Pb maintenance plan
satisfies the requirements for
maintenance plans contained in the
September 4, 1992, EPA memorandum
entitled ‘‘Procedures for Processing
Requests to Redesignate Areas to
Attainment.’’
DATES: This direct final will be effective
November 23, 2009, unless EPA receives
adverse comments by October 26, 2009.
If adverse comments are received, EPA
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2009–0293, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
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Fmt 4700
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48659
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 692–2551.
4. Mail: John M. Mooney, Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2009–
0293. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
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
E:\FR\FM\24SER1.SGM
24SER1
Agencies
[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Rules and Regulations]
[Pages 48657-48659]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23022]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the Department of Veterans Affairs'
(VA's) Loan Guaranty regulations concerning assistance to eligible
individuals in acquiring specially adapted housing. This final rule
implements 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: Effective Date: October 26, 2009.
FOR FURTHER INFORMATION CONTACT: Katherine Faliski, Assistant Director
for Loan Policy and Valuation, Loan Guaranty Service (26), Veterans
Benefits
[[Page 48658]]
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: In a document published in the Federal
Register on May 12, 2009 (74 FR 22145), VA proposed to amend the
Specially Adapted Housing (SAH) regulations (38 CFR part 36, subpart C)
to implement provisions of Public Law 110-289, the Housing and Economic
Recovery Act of 2008. Section 2605 of the law directed the Secretary of
Veterans Affairs to establish a residential home cost-of-construction
index for the purpose of increasing certain SAH grant amounts. It also
authorized the Secretary to ``use an index developed in the private
sector that the Secretary determines is appropriate for [this
purpose].''
The comment period ended June 11, 2009, and VA received only one
response, which was from an association representing homebuilders. This
commenter indicated its support for the proposed rule with regard to
VA's plan to implement ``much needed increases in grant amounts that
are provided to severely disabled Veterans'' through the SAH program.
However, the commenter disagreed with VA's choice of index.
VA proposed the Turner Building Cost Index (TBCI) for increasing
the amounts of SAH grant assistance available. We based the choice
mainly on the fact that the TBCI emphasizes the costs of labor and
materials, rather than property values or sales prices. Since property
values do not necessarily reflect the expense a Veteran or
servicemember might have to incur when adapting a home, we believed the
TBCI to be the best-suited index for the SAH program.
The commenter pointed out that, in its opinion, the TBCI is not
appropriate, because the TBCI measures primarily non-residential
building construction costs. Instead, the commenter recommended that VA
adopt an index like the U.S. Census Bureau's Price Deflator Index of
New One-Family Houses Under Construction (``Fisher Index''). The
commenter stated that the Census Bureau's Index is preferable to the
TBCI because it tracks new homes under construction as opposed to non-
residential buildings. It also pointed out that the Fisher Index is
developed by a Government organization whose methodology is readily
available.
Due to the commenter's position, VA further researched the
methodologies used to develop the various indices. VA discussed with
representatives from Turner and the U.S. Census Bureau the strengths
and weaknesses of applying each of their respective indices (the TBCI,
the Fisher Index, and the Laspeyres Price Index) to the SAH program and
determined that, at this time, the TBCI is the most appropriate for
calculating the annual SAH increases. VA concurs with the commenter's
preference for a cost index that is maintained by a Government
organization. However, VA points out that the indices produced by the
U.S. Census Bureau are primarily value-driven, as they are derived by
subtracting the cost of land and ``other costs not related to
construction'' from the value of the home.
VA believes that, for the purposes of the SAH program, an index
based on actual cost of materials and labor is more suitable than one
based on the value of homes. The SAH authorizing statutes expressly
require payment of SAH assistance based on ``costs'' to the individual.
Section 2605 of the Housing and Economic Recovery Act of 2008 also
refers expressly to costs, not value. Additionally, VA has determined
that, at least for the first year of implementation, the TBCI will
afford Veterans more purchasing power when constructing or adapting a
home than the Fisher or Laspeyres indices.
Admittedly, the TBCI is not perfectly tailored for the SAH program.
The commenter is correct in that the TBCI is mainly driven by
commercial construction costs and that the statute refers to a
residential index.
VA has determined, however, that although the TBCI may not be
intended for estimating residential construction costs in general, it
is a reliable indicator for the types of residential costs unique to
the SAH program. For instance, many Veterans need SAH assistance to
reinforce their homes with steel piers, purchase wheelchair lifts, and
pay engineering fees--all types of expenses not generally associated
with residential construction, yet very relevant to Veterans who
participate in the SAH program. Furthermore, VA analyzed data from the
last forty years and saw that, had SAH assistance been tied to the TBCI
during that time, today's grant amount would be about $6,000 higher
than had it been tied to the Fisher or Laspeyres. Given that the TBCI
is cost-based; the types of adaptations in the SAH program are not
``typical'' residential costs; the difference in the indices over four
decades is relatively small; and the advantages of the TBCI weigh in a
Veteran's favor, we have decided to adopt the TBCI as the cost-of-
construction index for determining fiscal year 2010 grant amounts.
For the above reasons, we will not make any changes to the proposed
rule based upon the comment we received. However, we will monitor the
cost indices available in the marketplace and propose changes to VA's
Loan Guaranty regulations if we determine that increases in SAH grant
amounts should be based upon an alternative cost-of-construction index.
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 final 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 final rule have been examined, and it has been
determined
[[Page 48659]]
not to be a significant regulatory action under Executive Order 12866.
Regulatory Flexibility Act
The Secretary hereby certifies that the adoption of the 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 et seq. This final rule will directly affect only
individuals and will not directly affect small entities. Therefore,
pursuant to 5 U.S.C. 605(b), the 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.
Approved: September 15, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
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For the reasons set out in the preamble, VA amends 38 CFR part 36
(Subpart C) as set forth below.
PART 36--LOAN GUARANTY
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1. The authority citation for part 36 continues to read as follows:
Authority: 38 U.S.C. 501 and as otherwise noted.
Subpart C--Assistance to Certain Disabled Veterans in Acquiring
Specially Adapted Housing
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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. E9-23022 Filed 9-23-09; 8:45 am]
BILLING CODE 8320-01-P