Federal Housing Administration (FHA): Section 232 Healthcare Facility Insurance Program-Strengthening Accountability and Regulatory Revisions Update Final Rule Amendment-Revision of Date of Applicability, 25184-25185 [2013-10060]
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Federal Register / Vol. 78, No. 83 / Tuesday, April 30, 2013 / Rules and Regulations
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 5, 200, 207, and 232
[Docket No. FR–5465–F–03]
RIN–2502–AJ05
Federal Housing Administration (FHA):
Section 232 Healthcare Facility
Insurance Program—Strengthening
Accountability and Regulatory
Revisions Update Final Rule
Amendment—Revision of Date of
Applicability
Federal Housing
Commissioner, Office of the Assistant
Secretary for Housing, HUD.
ACTION: Final rule amendment.
AGENCY:
On September 7, 2012, HUD
published a final rule that revised the
regulations governing the insurance of
healthcare facilities under section 232 of
the National Housing Act (Section 232).
HUD’s Section 232 program insures
mortgage loans to facilitate the
construction, substantial rehabilitation,
purchase, and refinancing of nursing
homes, intermediate care facilities,
board and care homes, and assistedliving facilities. The amendments made
by the September 7, 2012, final rule
updated the Section 232 regulations to
reflect current policy and practices,
improve accountability and strengthen
risk management in the program. The
final rule provided an applicability date
of April 9, 2013, for certain of the
updated requirements. This final rule
amendment changes the applicability
date to July 12, 2013, for the purpose of
allowing more time to transition to the
new requirements.
DATES: Effective date: May 30, 2013.
FOR FURTHER INFORMATION CONTACT:
Kelly Haines, Director, Office of
Residential Care Facilities, Office of
Healthcare Programs, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street SW., Room
6264, Washington, DC 20410–8000;
telephone number 202–708–0599 (this
is not a toll-free number). Persons with
hearing- or speech-impairments may
access this number through TTY by
calling the toll-free Federal Relay
Service at 1–800–877–8339.
SUPPLEMENTARY INFORMATION:
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
I. Background
On September 7, 2012, at 77 FR
55120, HUD published in the Federal
Register a final rule that revised its
Section 232 program regulations to
bring the regulations up-to-date to
VerDate Mar<15>2010
17:32 Apr 29, 2013
Jkt 229001
reflect current policy and practices in
healthcare facility transactions and to
strengthen risk management and
improve accountability in the program.
The September 7, 2012, final rule
followed a proposed rule published in
the Federal Register on May 3, 2012, at
77 FR 26218, in which HUD submitted
its proposed revisions for public
comment. The final rule took effect on
October 9, 2012. However, to allow time
to transition to the updated
requirements, the final rule established
an applicability date of April 9, 2013 for
certain of the requirements.
On May 3, 2012, at 77 FR 26304, HUD
also published a notice that proposed
revisions to documents used in the
insurance of healthcare facilities, and
solicited public comment for a period of
60 days. This notice was issued in
accordance with the Paperwork
Reduction Act of 1995, and was
followed by a second notice, published
on November 21, 2012, at 77 FR 69870,
that solicited public comment for a
period of 30 days. The Office of
Management and Budget approved the
Section 232 documents under the
Paperwork Reduction Act in March
2013, and the approval was announced
by notice published in the Federal
Register on March 14, 2013, at 78 FR
16279.
Following issuance of the March 14,
2013, notice, lenders and other parties
that would be involved in upcoming
Section 232 program transactions stated
that the delayed approval presented
barriers to full compliance with some of
the requirements in the revised Section
232 regulations that would become
applicable on April 9, 2013. The
affected parties involved in upcoming
financing or refinancing of a loan to be
insured under Section 232 advised that
they have already expended substantial
time and expense in preparing the
transaction based on reasonable reliance
on the previously applicable Section
232 documents.
II. This Final Rule
Given that the delayed approval of the
Section 232 documents has caused
difficulties for parties involved in
upcoming Section 232 healthcare
facility transactions to comply with the
updated requirements in the Section
232 regulations because of the April 9,
2013, applicability date, this final rule
changes the applicability date to July 12,
2013. An additional delayed
applicability date of over 90 days
following publication of this final rule
should allow parties involved in Section
232 healthcare facility transactions to
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
prepare for such transactions based on
the new Section 232 regulations and
related Section 232 documents.
III. Justification for Final Rulemaking
In general, HUD publishes a rule for
public comment before issuing a rule for
effect, in accordance with HUD’s
regulations on rulemaking at 24 CFR
part 10. Part 10, however, provides in
§ 10.1 for exceptions from that general
rule where HUD finds good cause to
omit advance notice and public
participation. The good cause
requirement is satisfied when the prior
public procedure is ‘‘impracticable,
unnecessary or contrary to the public
interest.’’
HUD finds that good cause exists to
publish this rule for effect without first
soliciting public comment because prior
public comment would be contrary to
the public interest. HUD’s Section 232
program plays an important role in
today’s economy as the need for
residential care facilities has increased
and requests to FHA to provide
mortgage insurance for such facilities
also increased. By reducing the cost of
capital needed by residential care
facilities to finance the construction,
renovation, acquisition, or refinancing
of facilities, the Section 232 program
helps to improve access to quality
healthcare and decrease overall
healthcare costs.
Affected parties involved in
upcoming Section 232 transactions have
advised that efforts to comply with the
April 9, 2013, applicability date would
result in a delay in completion of a
Section 232 transaction and
considerable increased expense due to
delay. Given the need for quality and
affordable care in many communities
across the country, HUD recognizes that
a delay in completion of a Section 232
transaction whether for acquisition or
refinancing for a healthcare facility not
only affects the parties involved in the
transaction but the community in which
the healthcare facility would be
purchased, constructed, or refinanced.
For this reason, HUD extends the
applicability date in the September 7,
2012, final rule from April 9, 2013, to
July 12, 2013.
IV. Findings and Certifications
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.) generally requires
an agency to conduct a regulatory
E:\FR\FM\30APR1.SGM
30APR1
Federal Register / Vol. 78, No. 83 / Tuesday, April 30, 2013 / Rules and Regulations
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. HUD’s
rulemaking for the Section 232 program,
which commenced with a May 3, 2012,
proposed rule and concluded with a
September 7, 2012, final rule did not
result in a significant economic impact
on a substantial number of small
entities, and the lack of such impact was
addressed in the two prior published
rules. Because this rule is issued as a
final rule amendment, without prior
public comment, the Regulatory
Flexibility Act is not applicable.
Environmental Impact
A Finding of No Significant Impact
with respect to the environment was
made, in accordance with HUD
regulations at 24 CFR part 50, which
implement section 102(2)(C) of the
National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)) at issuance
of the May 3, 2012, proposed rule. That
finding remains applicable to this final
rule amendment, and is available for
public inspection as provided in the
September 7, 2012, final rule.
pmangrum on DSK3VPTVN1PROD with RULES
Executive Order 13132, Federalism
Executive Order 13132 (entitled
‘‘Federalism’’) prohibits an agency from
publishing any rule that has federalism
implications if the rule either: (1)
Imposes substantial direct compliance
costs on state and local governments
and is not required by statute, or (2)
preempts state law, unless the agency
meets the consultation and funding
requirements of section 6 of the
Executive Order. This rule does not
have federalism implications and does
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.
List of Subjects in 24 CFR Part 232
Fire prevention, Health facilities,
Loan programs—health, Loan
programs—housing and community
VerDate Mar<15>2010
14:28 Apr 29, 2013
Jkt 229001
development, Mortgage insurance,
Nursing homes, Reporting and
recordkeeping requirements.
Accordingly, part 232 of title 24 of the
Code of Federal Regulations is amended
as follows:
PART 232—MORTGAGE INSURANCE
FOR NURSING HOMES,
INTERMEDIATE CARE FACILITIES,
BOARD AND CARE HOMES, AND
ASSISTED LIVING FACILITIES
1. The authority citation for 24 CFR
part 232 continues to read as follows:
■
Authority: 12 U.S.C. 1715b, 1715w; 42
U.S.C. 3535(d).
§ 232.1
[Amended].
2. In § 232.1, amend paragraph (b) by
removing ‘‘April 9, 2013’’ and adding in
its place ‘‘July 12, 2013’’.
■
Dated: April 24, 2013.
Carol J. Galante,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. 2013–10060 Filed 4–29–13; 8:45 am]
BILLING CODE 4210–67–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60 and 61
[EPA–R09–OAR–2011–0981; FRL–9806–3]
Delegation of New Source
Performance Standards and National
Emission Standards for Hazardous Air
Pollutants for the States of Arizona,
California, and Nevada
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is finalizing updates to
the Code of Federal Regulations
delegation tables to reflect the current
delegation status of New Source
Performance Standards and National
Emission Standards for Hazardous Air
Pollutants in Arizona, California, and
Nevada.
This rule is effective on July 1,
2013 without further notice, unless EPA
receives adverse comments by May 30,
2013. If we receive such comments, we
will publish a timely withdrawal in the
Federal Register to notify the public
that this direct final rule will not take
effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2011–0981, by one of the
following methods:
DATES:
PO 00000
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Fmt 4700
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25185
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments 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
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. 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: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Adrianne Borgia at (415) 972–3576,
borgia.adrianne@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we’’, ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Background
A. What is the purpose of this document?
B. Who is authorized to delegate these
authorities?
C. What does delegation accomplish?
D. What authorities are not delegated by
EPA?
E. Does EPA keep some authority?
II. EPA Action
E:\FR\FM\30APR1.SGM
30APR1
]]>Agencies
[Federal Register Volume 78, Number 83 (Tuesday, April 30, 2013)]
[Rules and Regulations]
[Pages 25184-25185]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10060]
[[Page 25184]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 5, 200, 207, and 232
[Docket No. FR-5465-F-03]
RIN-2502-AJ05
Federal Housing Administration (FHA): Section 232 Healthcare
Facility Insurance Program--Strengthening Accountability and Regulatory
Revisions Update Final Rule Amendment--Revision of Date of
Applicability
AGENCY: Federal Housing Commissioner, Office of the Assistant Secretary
for Housing, HUD.
ACTION: Final rule amendment.
-----------------------------------------------------------------------
SUMMARY: On September 7, 2012, HUD published a final rule that revised
the regulations governing the insurance of healthcare facilities under
section 232 of the National Housing Act (Section 232). HUD's Section
232 program insures mortgage loans to facilitate the construction,
substantial rehabilitation, purchase, and refinancing of nursing homes,
intermediate care facilities, board and care homes, and assisted-living
facilities. The amendments made by the September 7, 2012, final rule
updated the Section 232 regulations to reflect current policy and
practices, improve accountability and strengthen risk management in the
program. The final rule provided an applicability date of April 9,
2013, for certain of the updated requirements. This final rule
amendment changes the applicability date to July 12, 2013, for the
purpose of allowing more time to transition to the new requirements.
DATES: Effective date: May 30, 2013.
FOR FURTHER INFORMATION CONTACT: Kelly Haines, Director, Office of
Residential Care Facilities, Office of Healthcare Programs, Office of
Housing, Department of Housing and Urban Development, 451 7th Street
SW., Room 6264, Washington, DC 20410-8000; telephone number 202-708-
0599 (this is not a toll-free number). Persons with hearing- or speech-
impairments may access this number through TTY by calling the toll-free
Federal Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
On September 7, 2012, at 77 FR 55120, HUD published in the Federal
Register a final rule that revised its Section 232 program regulations
to bring the regulations up-to-date to reflect current policy and
practices in healthcare facility transactions and to strengthen risk
management and improve accountability in the program. The September 7,
2012, final rule followed a proposed rule published in the Federal
Register on May 3, 2012, at 77 FR 26218, in which HUD submitted its
proposed revisions for public comment. The final rule took effect on
October 9, 2012. However, to allow time to transition to the updated
requirements, the final rule established an applicability date of April
9, 2013 for certain of the requirements.
On May 3, 2012, at 77 FR 26304, HUD also published a notice that
proposed revisions to documents used in the insurance of healthcare
facilities, and solicited public comment for a period of 60 days. This
notice was issued in accordance with the Paperwork Reduction Act of
1995, and was followed by a second notice, published on November 21,
2012, at 77 FR 69870, that solicited public comment for a period of 30
days. The Office of Management and Budget approved the Section 232
documents under the Paperwork Reduction Act in March 2013, and the
approval was announced by notice published in the Federal Register on
March 14, 2013, at 78 FR 16279.
Following issuance of the March 14, 2013, notice, lenders and other
parties that would be involved in upcoming Section 232 program
transactions stated that the delayed approval presented barriers to
full compliance with some of the requirements in the revised Section
232 regulations that would become applicable on April 9, 2013. The
affected parties involved in upcoming financing or refinancing of a
loan to be insured under Section 232 advised that they have already
expended substantial time and expense in preparing the transaction
based on reasonable reliance on the previously applicable Section 232
documents.
II. This Final Rule
Given that the delayed approval of the Section 232 documents has
caused difficulties for parties involved in upcoming Section 232
healthcare facility transactions to comply with the updated
requirements in the Section 232 regulations because of the April 9,
2013, applicability date, this final rule changes the applicability
date to July 12, 2013. An additional delayed applicability date of over
90 days following publication of this final rule should allow parties
involved in Section 232 healthcare facility transactions to prepare for
such transactions based on the new Section 232 regulations and related
Section 232 documents.
III. Justification for Final Rulemaking
In general, HUD publishes a rule for public comment before issuing
a rule for effect, in accordance with HUD's regulations on rulemaking
at 24 CFR part 10. Part 10, however, provides in Sec. 10.1 for
exceptions from that general rule where HUD finds good cause to omit
advance notice and public participation. The good cause requirement is
satisfied when the prior public procedure is ``impracticable,
unnecessary or contrary to the public interest.''
HUD finds that good cause exists to publish this rule for effect
without first soliciting public comment because prior public comment
would be contrary to the public interest. HUD's Section 232 program
plays an important role in today's economy as the need for residential
care facilities has increased and requests to FHA to provide mortgage
insurance for such facilities also increased. By reducing the cost of
capital needed by residential care facilities to finance the
construction, renovation, acquisition, or refinancing of facilities,
the Section 232 program helps to improve access to quality healthcare
and decrease overall healthcare costs.
Affected parties involved in upcoming Section 232 transactions have
advised that efforts to comply with the April 9, 2013, applicability
date would result in a delay in completion of a Section 232 transaction
and considerable increased expense due to delay. Given the need for
quality and affordable care in many communities across the country, HUD
recognizes that a delay in completion of a Section 232 transaction
whether for acquisition or refinancing for a healthcare facility not
only affects the parties involved in the transaction but the community
in which the healthcare facility would be purchased, constructed, or
refinanced. For this reason, HUD extends the applicability date in the
September 7, 2012, final rule from April 9, 2013, to July 12, 2013.
IV. Findings and Certifications
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
generally requires an agency to conduct a regulatory
[[Page 25185]]
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. HUD's rulemaking for the Section 232 program, which commenced
with a May 3, 2012, proposed rule and concluded with a September 7,
2012, final rule did not result in a significant economic impact on a
substantial number of small entities, and the lack of such impact was
addressed in the two prior published rules. Because this rule is issued
as a final rule amendment, without prior public comment, the Regulatory
Flexibility Act is not applicable.
Environmental Impact
A Finding of No Significant Impact with respect to the environment
was made, in accordance with HUD regulations at 24 CFR part 50, which
implement section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)) at issuance of the May 3, 2012, proposed
rule. That finding remains applicable to this final rule amendment, and
is available for public inspection as provided in the September 7,
2012, final rule.
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
either: (1) Imposes substantial direct compliance costs on state and
local governments and is not required by statute, or (2) preempts state
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive Order. This rule does not have federalism
implications and does 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.
List of Subjects in 24 CFR Part 232
Fire prevention, Health facilities, Loan programs--health, Loan
programs--housing and community development, Mortgage insurance,
Nursing homes, Reporting and recordkeeping requirements.
Accordingly, part 232 of title 24 of the Code of Federal
Regulations is amended as follows:
PART 232--MORTGAGE INSURANCE FOR NURSING HOMES, INTERMEDIATE CARE
FACILITIES, BOARD AND CARE HOMES, AND ASSISTED LIVING FACILITIES
0
1. The authority citation for 24 CFR part 232 continues to read as
follows:
Authority: 12 U.S.C. 1715b, 1715w; 42 U.S.C. 3535(d).
Sec. 232.1 [Amended].
0
2. In Sec. 232.1, amend paragraph (b) by removing ``April 9, 2013''
and adding in its place ``July 12, 2013''.
Dated: April 24, 2013.
Carol J. Galante,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2013-10060 Filed 4-29-13; 8:45 am]
BILLING CODE 4210-67-P
