Federal Housing Administration (FHA) Appraiser Roster: Appraiser Qualifications for Placement on the FHA Appraiser Roster, 72306-72308 [2011-30266]

Download as PDF 72306 Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Rules and Regulations unnecessary and has not been prepared in this rulemaking. pmangrum on DSK3VPTVN1PROD with RULES VII. Regulatory Flexibility Act 37. The Regulatory Flexibility Act of 1980 (RFA) 33 generally requires a description and analysis of final rules that will have significant economic impact on a substantial number of small entities. The Commission is not required to make such an analysis if proposed regulations would not have such an effect.34 Most companies regulated by the Commission do not fall within the RFA’s definition of a small entity.35 38. This Final Rule should have no significant negative impact on those entities, be they large or small, subject to the Commission’s regulatory jurisdiction under the NGA. Most companies to which the Final Rule applies do not fall within the RFA’s definition of small entities. In addition, this Final Rule is only triggered if more than one affiliate of the same entity participates in an open season for pipeline capacity in which the pipeline may allocate capacity on a pro rata basis, and each affiliate does not have an independent business reason for submitting a bid. Therefore, the rule would only affect a limited number of small entities. This Final Rule will not have a significant economic effect on these small entities. Therefore, the Commission certifies that this Final Rule will not have a significant economic effect on a substantial number of small entities. VIII. Document Availability 39. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the Internet through FERC’s Home Page (http://www.ferc.gov) and in FERC’s Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. Eastern time) at 888 First Street NE., Room 2A, Washington, DC 20426. 40. From FERC’s Home Page on the Internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three 33 5 U.S.C. 601–612 (2006). U.S.C. 605(b) (2006). 35 5 U.S.C. 601(3) (citing section 3 of the Small Business Act, 15 U.S.C. 623 (2006)). Section 3 defines a ‘‘small-business concern’’ as a business which is independently owned and operated and which is not dominant in its field of operation. 34 5 VerDate Mar<15>2010 13:42 Nov 22, 2011 Jkt 226001 digits of this document in the docket number field. 41. User assistance is available for eLibrary and the FERC’s Web site during normal business hours from FERC Online Support at (202) 502–6652 (toll free at 1–(866) 208–3676) or email at ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502– 8371, TTY (202) 502–8659. Email the Public Reference Room at public.referenceroom@ferc.gov. IX. Effective Date and Congressional Notification 42. These regulations are effective December 23, 2011. The Commission has determined, with the concurrence of the Administrator of the Office of Information and Regulatory Affairs of OMB, that this rule is not a ‘‘major rule’’ as defined in section 351 of the Small Business Regulatory Enforcement Fairness Act of 1996. List of Subjects in 18 CFR Part 284 Continental shelf, Natural gas, Reporting and recordkeeping requirements. By the Commission. Commissioner Spitzer is not participating. Nathaniel J. Davis, Sr., Deputy Secretary. In consideration of the foregoing, the Commission amends part 284, Chapter I, Title 18, Code of Federal Regulations, as follows: PART 284—CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES 1. The authority citation for part 284 continues to read as follows: ■ Authority: 15 U.S.C. 717–717w, 3301– 3432; 42 U.S.C. 7101–7352; 43 U.S.C. 1331– 1356. 2. Section 284.15 is added to subpart A to read as follows. ■ § 284.15 Bidding by affiliates in open seasons for pipeline capacity. (a) Multiple affiliates of the same entity may not participate in an open season for pipeline capacity conducted by any interstate pipeline providing service under subparts B and G of this part, in which the pipeline may allocate capacity on a pro rata basis, unless each affiliate has an independent business reason for submitting a bid. (b) For purposes of this section, an affiliate is any person that satisfies the definition of affiliate in § 358.3(a)(1) and (3) of this chapter with respect to another entity participating in an open PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 season subject to paragraph (a) of this section. [FR Doc. 2011–30115 Filed 11–22–11; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 200 [Docket No. FR–5458–F–02] RIN 2502–AI96 Federal Housing Administration (FHA) Appraiser Roster: Appraiser Qualifications for Placement on the FHA Appraiser Roster Office of the Assistant Secretary of Housing—Federal Housing Commissioner, HUD. ACTION: Final rule. AGENCY: On July 14, 2011, HUD published a proposed rule to update HUD’s regulations to conform to the statutory requirement that appraisers must be certified, rather than licensed, by a state appraisal licensing board in order to appear on the FHA Appraiser Roster. This requirement was established by the Housing and Economic Recovery Act of 2008. Although current HUD practice is in compliance with the statutory mandate, the regulations reflect outdated prior policy of permitting state-licensed appraisers to be listed on the FHA Appraiser Roster. In addition, HUD proposed updating the FHA Appraiser Roster regulations by replacing the obsolete references to the Credit Alert Interactive Voice Response System (CAIVRS) with references to its successor, the online-based Credit Alert Verification Reporting System. This final rule follows the publication of the July 14, 2011, proposed rule. In this final rule, HUD is adopting the proposed rule without change. HUD did not receive any public comments on the proposed rule. DATES: Effective Date: December 23, 2011. SUMMARY: FOR FURTHER INFORMATION CONTACT: Karin Hill, Director, Office of Single Family Program Development, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 9278, Washington, DC 20410– 8000; telephone number (202) 708–2121 (this is not a toll-free number). Persons with hearing or speech impairments may access this number via TTY by calling the Federal Relay Service at 1 (800) 877–8339. SUPPLEMENTARY INFORMATION: E:\FR\FM\23NOR1.SGM 23NOR1 pmangrum on DSK3VPTVN1PROD with RULES Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Rules and Regulations I. Background—The Proposed Rule On July 14, 2011, HUD published a proposed rule in the Federal Register (76 FR 41441) designed to make FHA’s Appraiser Roster regulations regarding eligibility requirements of appraisers to qualify for placement and retention on the Appraiser Roster consistent with both the mandate of the Housing and Economic Recovery Act of 2008 (Pub. L. 110–289, approved July 30, 2008) (HERA) that all FHA-approved appraisers be state-certified and HUD’s current policy regarding statecertification of appraisers as set forth in Mortgagee Letter (ML) 2008–39, published December 17, 2008. Under HUD’s current regulation in 24 CFR 200.202(b), an applicant who wishes to be included on the FHA Appraiser Roster must, among other things, be a state-licensed or statecertified appraiser. Section 1404 of the HERA amended section 202 of the National Housing Act (12 U.S.C. 1708) to mandate that all appraisers chosen or approved to conduct appraisals of properties that will be security for FHAinsured mortgages must be ‘‘certified’’: (1) By the state in which the property to be appraised is located, or by a nationally recognized professional appraisal organization; and (2) have demonstrated verifiable education in the appraisal requirements established by FHA. Under amended section 202(g) of the National Housing Act, licensed appraisers are no longer authorized to conduct appraisals of properties securing an FHA-insured mortgage. In order to comply with HERA’s requirements governing who qualifies as an FHA-approved appraiser, and in order to implement this change in appraiser eligibility requirements in a manner that was not disruptive to the FHA mortgage lending process, ML 2008–39, issued by FHA on December 17, 2008, provided a deadline of October 1, 2009, for all FHA appraisers on the Appraisal Roster to become statecertified and indicated that FHA had ceased to accept applications by statelicensed appraisers on October 1, 2008, in order to comply with HERA.1 In addition, HERA provides that appraisers may either be state-certified or certified by a ‘‘nationally recognized professional appraisal organization’’ in order to appear on the Roster. However, in the proposed rule, HUD stated that in order to prevent disruption and to ensure efficient processing of mortgage insurance, HUD will accept only state certification and not the certification of 1 Copies of the mortgagee letters referenced in this final rule may be downloaded from http://www. hud.gov/offices/adm/hudclips/letters/mortgagee/. VerDate Mar<15>2010 13:42 Nov 22, 2011 Jkt 226001 a ‘‘nationally recognized professional appraisal organization.’’ HUD determined that state certification sufficiently accomplishes the statutory purpose of ensuring higher quality appraisals. HUD took the opportunity in the proposed rule to propose the elimination references to the Credit Alert Interactive Voice Response System (CAIVRS). On July 11, 2008, HUD issued ML 2008–18, stating that HUD was discontinuing telephone access to CAIVRS because the hardware supporting the telephone access was obsolete and could no longer be repaired or maintained. Access to CAIVRS is now available solely through the Internet, and CAIVRS is now known as the Credit Alert Verification Reporting System, although the acronym remains the same. II. This Final Rule This final rule follows publication of the July 14, 2011, proposed rule. The proposed rule provided for a 60-day public comment period. The public comment period for the proposed rule closed on September 12, 2011, and HUD did not receive any public comments. Accordingly, HUD is adopting the proposed rule without change. In order to make the Appraiser Roster regulations consistent with current statute, this final rule removes all references to state licensing and statelicensed appraisers from the regulations in § 200.202 and § 200.204. This final rule also eliminates the reference to the Credit Alert Interactive Voice Response System in § 200.202. Because the Credit Alert Interactive Voice Response System no longer exists, the phrase has been replaced with ‘‘Credit Alert Verification Reporting System,’’ the new appraiser alert system put in place by ML 2008– 18. Interested readers are referred to the preamble of the July 14, 2011, proposed rule, found at 76 FR 41441, for additional background information. III. Findings and Certifications Paperwork Reduction Act The information collection requirements for this rule have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520) and assigned OMB control number 2502–0538. In accordance with the Paperwork Reduction Act, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless the collection displays a currently valid OMB control number. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 72307 Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. This final rule would not add any new regulatory burdens on FHAapproved appraisers or applicants for FHA approval. HERA requires that an appraiser be state-certified to be approved by FHA to be on the Appraiser Roster. HUD ceased accepting applications from state-licensed appraisers on October 1, 2008, and all appraisers already on the Appraiser Roster must have become state-certified by October 1, 2009, to remain on the Appraiser Roster. This final rule will not create new costs for small entities of appraisers or of lenders, because the rule does not impose any new requirements on appraisers. In addition, FHA’s Appraiser Roster pertains solely to individuals, not to entities. Individual appraisers must apply to be on the FHA Appraiser Roster. Therefore, the undersigned certifies that this rule will not have a significant impact on a substantial number of small entities. Executive Order 13132, Federalism Executive Order 13132 (entitled ‘‘Federalism’’) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial direct compliance costs on state and local governments and is not required by statute, or the rule preempts state law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This rule will not have federalism implications and would not impose substantial direct compliance costs on state and local governments or preempt state law within the meaning of the Executive Order. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531– 1538) (UMRA) establishes requirements for federal agencies to assess the effects of their regulatory actions on state, local, and Tribal governments, and on the private sector. This rule does not impose any federal mandates on any state, local, or Tribal governments, or on the private sector, within the meaning of UMRA. Environmental Impact This final rule does not direct, provide for assistance or loan and E:\FR\FM\23NOR1.SGM 23NOR1 72308 Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Rules and Regulations mortgage insurance for, or otherwise govern or regulate, real property acquisition, disposition, leasing, rehabilitation, alteration, demolition, or new construction, or establish, revise, or provide for standards for construction or construction materials, manufactured housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this rule is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321). Catalogue of Federal Domestic Assistance The Catalogue of Federal Domestic Assistance Number for the principal FHA single-family mortgage insurance program is 14.117. List of Subjects in 24 CFR Part 200 Administrative practice and procedure, Claims, Equal employment opportunity, Fair housing, Housing standards, Lead poisoning, Loan programs—housing and community development, Mortgage insurance, Organization and functions (Government agencies), Penalties, Reporting and recordkeeping requirements, Social Security, Unemployment compensation, Wages. Accordingly, for the reasons stated in the preamble, 24 CFR part 200 is amended to read as follows: (a) * * * (1) * * * (ii) Losing standing as a state-certified appraiser due to disciplinary action in any state in which the appraiser is certified; * * * * * (c) * * * (1) Appraisers subject to state disciplinary action. An appraiser whose state certification in any state has been revoked, suspended, or surrendered as a result of a state disciplinary action is automatically suspended from the Appraiser Roster and prohibited from conducting FHA appraisals in any state until HUD receives evidence demonstrating that the state-imposed sanction has been lifted. (2) Expirations not due to state disciplinary action. An appraiser whose certification in a state has expired is automatically suspended from the Appraiser Roster in that state and may not conduct FHA appraisals in that state until HUD receives evidence that demonstrates renewal, but may continue to perform FHA appraisals in other states in which the appraiser is certified. * * * * * Dated: November 16, 2011. Carol J. Galante, Acting Assistant Secretary for Housing— Federal Housing Commissioner. [FR Doc. 2011–30266 Filed 11–22–11; 8:45 am] BILLING CODE 4210–67–P PART 200—INTRODUCTION TO FHA PROGRAMS DEPARTMENT OF HOMELAND SECURITY 1. The authority citation for part 200 continues to read as follows: ■ Authority: 12 U.S.C. 1702–1715–z–21; 42 U.S.C. 3535(d). Coast Guard 2. In § 200.202, revise paragraphs (b)(1) and (b)(2)(iii) as follows: 33 CFR Part 117 § 200.202 How do I apply for placement on the Appraiser Roster? Drawbridge Operation Regulation; Upper Mississippi River, Dubuque, IA ■ pmangrum on DSK3VPTVN1PROD with RULES * [Docket No. USCG–2011–1039] * * * * (b) * * * (1) You must be a state-certified appraiser with credentials that complied with the applicable certification criteria established by the Appraiser Qualification Board (AQB) of the Appraisal Foundation and in effect at the time the certification was awarded by the issuing jurisdiction; and (2) * * * (iii) HUD’s Credit Alert Verification Reporting System. ■ 3. In § 200.204, revise paragraphs (a)(1)(ii), (c)(1) and (2) as follows: § 200.204 What actions may HUD take against unsatisfactory appraisers on the Appraiser Roster? * * * VerDate Mar<15>2010 * * 13:42 Nov 22, 2011 Jkt 226001 Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Illinois Central Railroad Drawbridge across the Upper Mississippi River, mile 579.9, at Dubuque, Iowa. The deviation is necessary to allow the bridge owner time to perform preventive maintenance that is essential to the continued safe operation of the drawbridge. Maintenance is scheduled in the winter when there is less impact on navigation; instead of scheduling work in the summer, when river traffic increases. SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 This deviation allows the bridge to open on signal if at least 24-hours advance notice is given. DATES: This deviation is effective from 12:01 a.m., December 19, 2011 to 7 a.m., February 27, 2012. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG–2011– 1039 and are available online by going to http://www.regulations.gov, inserting USCG–2011–1039 in the ‘‘Keyword’’ box and then clicking ‘‘Search’’. They are also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Eric A. Washburn, Bridge Administrator, Western Rivers, Coast Guard; telephone (314) 269–2378, email Eric.Washburn@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: The Chicago, Central & Pacific Railroad requested a temporary deviation for the Illinois Central Railroad Drawbridge, across the Upper Mississippi River, mile 579.9, at Dubuque, Iowa to open on signal if at least 24-hours advance notice is given for 70 days from 12:01 a.m., December 19, 2011 to 7 a.m., February 27, 2012 to allow the bridge owner time for preventive maintenance. The Rock Illinois Central Railroad Drawbridge currently operates in accordance with 33 CFR 117.5, which states the general requirement that the drawbridge shall open promptly and fully for the passage of vessels when a request to open is given in accordance with the subpart. There are no alternate routes for vessels transiting this section of the Upper Mississippi River. Winter conditions on the Upper Mississippi River coupled with the closure of Army Corps of Engineer’s Lock No 16 (Mile 457.2 UMR), Lock No. 17 (Mile 437.1 UMR) and Lock No. 18 (Mile 410.5 UMR) until 7:30 p.m., February 28, 2012 will preclude any significant navigation demands for a drawspan opening. The Illinois Central Railroad Drawbridge, in the closed-to-navigation position, provides a vertical clearance of 19.9 feet above normal pool. Navigation on the waterway consists primarily of commercial tows and recreational watercraft. The drawbridge will open if E:\FR\FM\23NOR1.SGM 23NOR1

Agencies

[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Rules and Regulations]
[Pages 72306-72308]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30266]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 200

[Docket No. FR-5458-F-02]
RIN 2502-AI96


Federal Housing Administration (FHA) Appraiser Roster: Appraiser 
Qualifications for Placement on the FHA Appraiser Roster

AGENCY: Office of the Assistant Secretary of Housing--Federal Housing 
Commissioner, HUD.

ACTION: Final rule.

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

SUMMARY: On July 14, 2011, HUD published a proposed rule to update 
HUD's regulations to conform to the statutory requirement that 
appraisers must be certified, rather than licensed, by a state 
appraisal licensing board in order to appear on the FHA Appraiser 
Roster. This requirement was established by the Housing and Economic 
Recovery Act of 2008. Although current HUD practice is in compliance 
with the statutory mandate, the regulations reflect outdated prior 
policy of permitting state-licensed appraisers to be listed on the FHA 
Appraiser Roster. In addition, HUD proposed updating the FHA Appraiser 
Roster regulations by replacing the obsolete references to the Credit 
Alert Interactive Voice Response System (CAIVRS) with references to its 
successor, the online-based Credit Alert Verification Reporting System. 
This final rule follows the publication of the July 14, 2011, proposed 
rule. In this final rule, HUD is adopting the proposed rule without 
change. HUD did not receive any public comments on the proposed rule.

DATES: Effective Date: December 23, 2011.

FOR FURTHER INFORMATION CONTACT: Karin Hill, Director, Office of Single 
Family Program Development, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street SW., Room 9278, Washington, DC 
20410-8000; telephone number (202) 708-2121 (this is not a toll-free 
number). Persons with hearing or speech impairments may access this 
number via TTY by calling the Federal Relay Service at 1 (800) 877-
8339.

SUPPLEMENTARY INFORMATION:

[[Page 72307]]

I. Background--The Proposed Rule

    On July 14, 2011, HUD published a proposed rule in the Federal 
Register (76 FR 41441) designed to make FHA's Appraiser Roster 
regulations regarding eligibility requirements of appraisers to qualify 
for placement and retention on the Appraiser Roster consistent with 
both the mandate of the Housing and Economic Recovery Act of 2008 (Pub. 
L. 110-289, approved July 30, 2008) (HERA) that all FHA-approved 
appraisers be state-certified and HUD's current policy regarding state-
certification of appraisers as set forth in Mortgagee Letter (ML) 2008-
39, published December 17, 2008.
    Under HUD's current regulation in 24 CFR 200.202(b), an applicant 
who wishes to be included on the FHA Appraiser Roster must, among other 
things, be a state-licensed or state-certified appraiser. Section 1404 
of the HERA amended section 202 of the National Housing Act (12 U.S.C. 
1708) to mandate that all appraisers chosen or approved to conduct 
appraisals of properties that will be security for FHA-insured 
mortgages must be ``certified'': (1) By the state in which the property 
to be appraised is located, or by a nationally recognized professional 
appraisal organization; and (2) have demonstrated verifiable education 
in the appraisal requirements established by FHA. Under amended section 
202(g) of the National Housing Act, licensed appraisers are no longer 
authorized to conduct appraisals of properties securing an FHA-insured 
mortgage.
    In order to comply with HERA's requirements governing who qualifies 
as an FHA-approved appraiser, and in order to implement this change in 
appraiser eligibility requirements in a manner that was not disruptive 
to the FHA mortgage lending process, ML 2008-39, issued by FHA on 
December 17, 2008, provided a deadline of October 1, 2009, for all FHA 
appraisers on the Appraisal Roster to become state-certified and 
indicated that FHA had ceased to accept applications by state-licensed 
appraisers on October 1, 2008, in order to comply with HERA.\1\
---------------------------------------------------------------------------

    \1\ Copies of the mortgagee letters referenced in this final 
rule may be downloaded from http://www.hud.gov/offices/adm/hudclips/letters/mortgagee/.
---------------------------------------------------------------------------

    In addition, HERA provides that appraisers may either be state-
certified or certified by a ``nationally recognized professional 
appraisal organization'' in order to appear on the Roster. However, in 
the proposed rule, HUD stated that in order to prevent disruption and 
to ensure efficient processing of mortgage insurance, HUD will accept 
only state certification and not the certification of a ``nationally 
recognized professional appraisal organization.'' HUD determined that 
state certification sufficiently accomplishes the statutory purpose of 
ensuring higher quality appraisals.
    HUD took the opportunity in the proposed rule to propose the 
elimination references to the Credit Alert Interactive Voice Response 
System (CAIVRS). On July 11, 2008, HUD issued ML 2008-18, stating that 
HUD was discontinuing telephone access to CAIVRS because the hardware 
supporting the telephone access was obsolete and could no longer be 
repaired or maintained. Access to CAIVRS is now available solely 
through the Internet, and CAIVRS is now known as the Credit Alert 
Verification Reporting System, although the acronym remains the same.

II. This Final Rule

    This final rule follows publication of the July 14, 2011, proposed 
rule. The proposed rule provided for a 60-day public comment period. 
The public comment period for the proposed rule closed on September 12, 
2011, and HUD did not receive any public comments. Accordingly, HUD is 
adopting the proposed rule without change.
    In order to make the Appraiser Roster regulations consistent with 
current statute, this final rule removes all references to state 
licensing and state-licensed appraisers from the regulations in Sec.  
200.202 and Sec.  200.204. This final rule also eliminates the 
reference to the Credit Alert Interactive Voice Response System in 
Sec.  200.202. Because the Credit Alert Interactive Voice Response 
System no longer exists, the phrase has been replaced with ``Credit 
Alert Verification Reporting System,'' the new appraiser alert system 
put in place by ML 2008-18. Interested readers are referred to the 
preamble of the July 14, 2011, proposed rule, found at 76 FR 41441, for 
additional background information.

III. Findings and Certifications

Paperwork Reduction Act

    The information collection requirements for this rule have been 
approved by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB 
control number 2502-0538. In accordance with the Paperwork Reduction 
Act, an agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information, unless the collection 
displays a currently valid OMB control number.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) 
generally requires an agency to conduct a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities.
    This final rule would not add any new regulatory burdens on FHA-
approved appraisers or applicants for FHA approval. HERA requires that 
an appraiser be state-certified to be approved by FHA to be on the 
Appraiser Roster. HUD ceased accepting applications from state-licensed 
appraisers on October 1, 2008, and all appraisers already on the 
Appraiser Roster must have become state-certified by October 1, 2009, 
to remain on the Appraiser Roster. This final rule will not create new 
costs for small entities of appraisers or of lenders, because the rule 
does not impose any new requirements on appraisers. In addition, FHA's 
Appraiser Roster pertains solely to individuals, not to entities. 
Individual appraisers must apply to be on the FHA Appraiser Roster. 
Therefore, the undersigned certifies that this rule will not have a 
significant impact on a substantial number of small entities.

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any rule that has federalism implications if the rule 
either imposes substantial direct compliance costs on state and local 
governments and is not required by statute, or the rule preempts state 
law, unless the agency meets the consultation and funding requirements 
of section 6 of the Executive Order. This rule will not have federalism 
implications and would not impose substantial direct compliance costs 
on state and local governments or preempt state law within the meaning 
of the Executive Order.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538) (UMRA) establishes requirements for federal agencies to 
assess the effects of their regulatory actions on state, local, and 
Tribal governments, and on the private sector. This rule does not 
impose any federal mandates on any state, local, or Tribal governments, 
or on the private sector, within the meaning of UMRA.

Environmental Impact

    This final rule does not direct, provide for assistance or loan and

[[Page 72308]]

mortgage insurance for, or otherwise govern or regulate, real property 
acquisition, disposition, leasing, rehabilitation, alteration, 
demolition, or new construction, or establish, revise, or provide for 
standards for construction or construction materials, manufactured 
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this rule 
is categorically excluded from environmental review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321).

Catalogue of Federal Domestic Assistance

    The Catalogue of Federal Domestic Assistance Number for the 
principal FHA single-family mortgage insurance program is 14.117.

List of Subjects in 24 CFR Part 200

    Administrative practice and procedure, Claims, Equal employment 
opportunity, Fair housing, Housing standards, Lead poisoning, Loan 
programs--housing and community development, Mortgage insurance, 
Organization and functions (Government agencies), Penalties, Reporting 
and recordkeeping requirements, Social Security, Unemployment 
compensation, Wages.

    Accordingly, for the reasons stated in the preamble, 24 CFR part 
200 is amended to read as follows:

PART 200--INTRODUCTION TO FHA PROGRAMS

0
1. The authority citation for part 200 continues to read as follows:

    Authority: 12 U.S.C. 1702-1715-z-21; 42 U.S.C. 3535(d).


0
2. In Sec.  200.202, revise paragraphs (b)(1) and (b)(2)(iii) as 
follows:


Sec.  200.202  How do I apply for placement on the Appraiser Roster?

* * * * *
    (b) * * *
    (1) You must be a state-certified appraiser with credentials that 
complied with the applicable certification criteria established by the 
Appraiser Qualification Board (AQB) of the Appraisal Foundation and in 
effect at the time the certification was awarded by the issuing 
jurisdiction; and
    (2) * * *
    (iii) HUD's Credit Alert Verification Reporting System.
0
3. In Sec.  200.204, revise paragraphs (a)(1)(ii), (c)(1) and (2) as 
follows:


Sec.  200.204  What actions may HUD take against unsatisfactory 
appraisers on the Appraiser Roster?

* * * * *
    (a) * * *
    (1) * * *
    (ii) Losing standing as a state-certified appraiser due to 
disciplinary action in any state in which the appraiser is certified;
* * * * *
    (c) * * *
    (1) Appraisers subject to state disciplinary action. An appraiser 
whose state certification in any state has been revoked, suspended, or 
surrendered as a result of a state disciplinary action is automatically 
suspended from the Appraiser Roster and prohibited from conducting FHA 
appraisals in any state until HUD receives evidence demonstrating that 
the state-imposed sanction has been lifted.
    (2) Expirations not due to state disciplinary action. An appraiser 
whose certification in a state has expired is automatically suspended 
from the Appraiser Roster in that state and may not conduct FHA 
appraisals in that state until HUD receives evidence that demonstrates 
renewal, but may continue to perform FHA appraisals in other states in 
which the appraiser is certified.
* * * * *

    Dated: November 16, 2011.
Carol J. Galante,
Acting Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2011-30266 Filed 11-22-11; 8:45 am]
BILLING CODE 4210-67-P