Conforming Amendment to the Section 184 Indian Housing Loan Guarantee Program Regulations, 12382-12384 [2014-04514]

Download as PDF 12382 Federal Register / Vol. 79, No. 43 / Wednesday, March 5, 2014 / Rules and Regulations affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedures before adopting these SIAPS, Takeoff Minimums and ODPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making some SIAPs effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule ’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, and Navigation (Air). Issued in Washington, DC on January 31, 2014. John Duncan, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or revoking Standard Instrument Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure Procedures effective at 0902 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: sroberts on DSK5SPTVN1PROD with RULES ■ Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721–44722. 2. Part 97 is amended to read as follows: ■ Effective 6 March 2014 Clayton, AL, Clayton Muni, Takeoff Minimums and Obstacle DP, Amdt 2 VerDate Mar<15>2010 15:46 Mar 04, 2014 Jkt 232001 Atlanta, GA, Atlanta South Rgnl, RNAV (GPS) RWY 6, Amdt 1A Kennett, MO, Kennett Memorial, RNAV (GPS) RWY 2, Amdt 1 Kennett, MO, Kennett Memorial, RNAV (GPS) RWY 20, Amdt 1 Kennett, MO, Kennett Memorial, Takeoff Minimums and Obstacle DP, Amdt 2 Kennett, MO, Kennett Memorial, VOR/ DME RWY 20, Amdt 1 Scobey, MT, Scobey, Takeoff Minimums and Obstacle DP, Amdt 1 Dallas, TX, Collin County Rgnl At Mc Kinney, ILS OR LOC RWY 18, Amdt 5 Guernsey, WY, Camp Guernsey, NDB RWY 32, Amdt 1A Guernsey, WY, Camp Guernsey, RNAV (GPS) RWY 32, Orig-A Effective 3 April 2014 Kipnuk, AK, Kipnuk, Takeoff Minimums and Obstacle DP, Amdt 1 Muscle Shoals, AL, Northwest Alabama Rgnl, ILS Y OR LOC/DME Y RWY 29, Orig Muscle Shoals, AL, Northwest Alabama Rgnl, ILS Z OR LOC/DME Z RWY 29, Amdt 6 Muscle Shoals, AL, Northwest Alabama Rgnl, RNAV (GPS) RWY 11, Amdt 2 Muscle Shoals, AL, Northwest Alabama Rgnl, RNAV (GPS) RWY 18, Amdt 1 Muscle Shoals, AL, Northwest Alabama Rgnl, RNAV (GPS) RWY 29, Amdt 2 Muscle Shoals, AL, Northwest Alabama Rgnl, RNAV (GPS) RWY 36, Amdt 1 Muscle Shoals, AL, Northwest Alabama Rgnl, Takeoff Minimums and Obstacle DP, Amdt 1 Davis, CA, University, RNAV (GPS) RWY 17, Orig-A Alma, GA, Bacon County, RNAV (GPS) RWY 15, Amdt 2 Alma, GA, Bacon County, RNAV (GPS) RWY 33, Amdt 1 Alma, GA, Bacon County, Takeoff Minimums and Obstacle DP, Orig-A Plains, GA, Peterson Field, Takeoff Minimums and Obstacle DP, Orig, CANCELED Lacon, IL, Marshall County, GPS RWY 13, Orig, CANCELED Lacon, IL, Marshall County, GPS RWY 31, Orig, CANCELED Lacon, IL, Marshall County, RNAV (GPS) RWY 13, Orig Okolona, MS, Okolona Muni-Richard Stovall Field, RNAV (GPS) RWY 18, Amdt 1 Okolona, MS, Okolona Muni-Richard Stovall Field, RNAV (GPS) RWY 36, Amdt 1 Clayton, NM, Clayton Muni Airpark, NDB RWY 2, Amdt 1, CANCELED Clayton, NM, Clayton Muni Airpark, NDB RWY 20, Amdt 1, CANCELED Houston, TX, Pearland Rgnl, RNAV (GPS) RWY 32, Amdt 4 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 Houston, TX, Pearland Rgnl, Takeoff Minimums and Obstacle DP, Amdt 4 Taylor, TX, Taylor Muni, RNAV (GPS) RWY 17, Orig Port Townsend, WA, Jefferson County Intl, RNAV (GPS)-A, Orig-A RESCINDED: On January 17, 2014 (79 FR 3072), the FAA published an Amendment in Docket No. 30936, Amdt No. 3571 to Part 97 of the Federal Aviation Regulations under section 97.23. The following entry for Santa Monica, CA, effective 6 February 2014 is hereby rescinded in its entirety: Santa Monica, CA, Santa Monica Muni, VOR–A, Amdt 11 [FR Doc. 2014–04295 Filed 3–4–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 1005 [Docket No. FR–5772–F–01] RIN 2577–AC91 Conforming Amendment to the Section 184 Indian Housing Loan Guarantee Program Regulations Office of the Assistant Secretary for Public and Indian Housing, HUD. ACTION: Final rule. AGENCY: This final rule revises the regulations governing the Section 184 Indian Housing Loan Guarantee program (Section 184 program) to conform to a recent statutory change. The 2013 Consolidated and Further Continuing Appropriations Act amends section 184(d) of the Housing and Community Development Act of 1992 by authorizing HUD to increase the fee for the guarantee of Section 184 loans up to 3 percent of the principal obligation of the loan and to establish the amount of the fee by publishing a notice in the Federal Register. This final rule amends the Section 184 Indian Housing Loan Guarantee Program regulations to reflect this new authority. By notice published elsewhere in today’s Federal Register, HUD is exercising this authority to increase the loan guarantee fee to 1.5 percent of the principal obligation from the current rate of 1 percent. DATES: Effective Date: April 4, 2014. FOR FURTHER INFORMATION CONTACT: Rodger Boyd, Deputy Assistant Secretary for Native American Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., SUMMARY: E:\FR\FM\05MRR1.SGM 05MRR1 Federal Register / Vol. 79, No. 43 / Wednesday, March 5, 2014 / Rules and Regulations sroberts on DSK5SPTVN1PROD with RULES Room 4126, Washington, DC 20410; telephone number 202–401–7914 (this is not a toll-free number). Persons with hearing or speech disabilities may access this number through TTY by calling the toll-free Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: I. Background Section 184 of the Housing and Community Development Act of 1992 (Pub. L. 102–550, approved October 28, 1992), as amended by the Native American Housing Assistance and SelfDetermination Act of 1996 (Pub. L. 104– 330, approved October 26, 1996), established the Section 184 program to provide access to sources of private financing to Indian families, Indian housing authorities, and Indian tribes that otherwise could not acquire housing financing because of the unique legal status of Indian land. Because title to trust or restricted land is inalienable, title cannot be conveyed to eligible Section 184 program borrowers. As a consequence, financial institutions are unable to utilize the land as security in mortgage lending transactions. The Section 184 program addresses obstacles to mortgage financing on trust land and in other Indian and Alaska Native areas by giving HUD the authority to guarantee loans to eligible persons and entities to construct, acquire, refinance, or rehabilitate one-to-four family dwellings in these areas. The Section 184 program charges borrowers a guarantee fee to participate in the program and the fee, along with other funds and appropriations, is used to fulfill obligations of the Secretary with respect to the loans guaranteed under this section. Section 184(d) of the Housing and Community Development Act of 1992 limited the guarantee fee to a maximum of 1 percent of the principal obligation, and HUD set the guarantee fee at 1 percent by regulation. (See 24 CFR 1005.109.) The 2013 Consolidated Appropriations Act (Pub. L. 113–6, approved March 26, 2013) (2013 Appropriations Act) amends section 184(d) of the Housing and Community Development Act of 1992 by authorizing the Secretary to increase the fee for the guarantee of loans up to 3 percent of the principal obligation of the loan and to establish the amount of the fee by publishing a notice in the Federal Register. II. This Final Rule This final rule codifies in regulation HUD’s new authority by revising the guarantee fee language in § 1005.109 to conform to the new 2013 Consolidated Appropriations Act language. VerDate Mar<15>2010 15:46 Mar 04, 2014 Jkt 232001 Specifically, HUD replaces the language preventing the guarantee fee from exceeding 1 percent of the of the loan amount with the language authorizing HUD to increase the fee for the guarantee of loans up to 3 percent of the principal obligation of the loan, or any increase established by statute, and to establish the amount of the fees and premiums through notice published in the Federal Register. Elsewhere in today’s Federal Register, and consistent with the statutory authority of the 2013 Appropriations Act, HUD has published a notice that increases the loan guarantee fee to 1.5 percent of the principal obligation from the current rate of 1 percent. 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 soliciting public comment in that prior public procedure is unnecessary. This final rule codifies, in its Section 184 regulations, without change, HUD’s new statutory authority to increase the Section 184 guarantee fee up to 3 percent of the principal obligation. IV. Findings and Certifications Regulatory Review—Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if the regulation is necessary, to select the regulatory approach that maximizes net benefits. As discussed above in this preamble, this final rule updates the regulation to reflect HUD’s new statutory authority only. As a result, this rule was determined to not be a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and therefore was not reviewed by the Office of Management and Budget (OMB). 12383 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. Since notice and comment rulemaking is not necessary for this rule, the provisions of the Regulatory Flexibility Act (Pub. L. 96–354, 5 U.S.C. 601–612) do not apply. 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 final 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. Environmental Review This final rule does not direct, provide for assistance or loan and 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 final rule is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321). 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 the private sector. This final rule does not impose any federal mandates on any state, local, or tribal government, or the private sector within the meaning of UMRA. List of Subjects in 24 CFR Part 1005 Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 605(b)) generally requires an agency to conduct regulatory flexibility analysis of any rule subject to notice Indians, Loan programs-Indians, Reporting and recordkeeping requirements. Accordingly, for the reasons stated above, HUD amends 24 CFR part 1005 to read as follows: PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 12384 Federal Register / Vol. 79, No. 43 / Wednesday, March 5, 2014 / Rules and Regulations PART 1005—LOAN GUARANTEES FOR INDIAN HOUSING 1. The authority citation for part 1005 continues to read as follows: ■ Authority: 12 U.S.C. 1715z–13a, 15 U.S.C. 1639c, 42 U.S.C. 3535(d). 2. Revise § 1005.109 to read as follows: ■ § 1005.109 Guarantee Fees. HUD shall establish and collect, at the time of issuance of the guarantee, a fee for the guarantee of loans under this section, in an amount not exceeding 3 percent of the principal obligation of the loan, or any increase established by statute. HUD shall establish the amount of the fee by publishing a notice in the Federal Register, and shall deposit any fees collected under this section in the Indian Housing Loan Guarantee Fund. Dated: February 21, 2014. Sandra B. Henriquez, Assistant Secretary for Public and Indian Housing. [FR Doc. 2014–04514 Filed 3–4–14; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF COMMERCE United States Patent and Trademark Office 37 CFR Part 1 [Docket No.: PTO–P–2014–0001] RIN 0651–AC92 Changes to Continued Prosecution Application Practice United States Patent and Trademark Office, Commerce. ACTION: Interim rule. AGENCY: The Leahy-Smith America Invents Act (AIA) revised and streamlined the requirements for the inventor’s oath or declaration. In implementing the AIA inventor’s oath or declaration provisions, the United States Patent and Trademark Office (Office) provided that an applicant may postpone the filing of the inventor’s oath or declaration until allowance if the applicant provides an application data sheet indicating the name, residence, and mailing address of each inventor. The rules pertaining to continued prosecution applications (which are applicable only to design applications) require that the prior nonprovisional application of a continued prosecution application be complete, which requires that the prior nonprovisional application contain the sroberts on DSK5SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:46 Mar 04, 2014 Jkt 232001 inventor’s oath or declaration. This interim rule revises the rules pertaining to continued prosecution applications to permit the filing of a continued prosecution application even if the prior nonprovisional application does not contain the inventor’s oath or declaration if the continued prosecution application is filed on or after September 16, 2012, and the prior nonprovisional application contains an application data sheet indicating the name, residence, and mailing address of each inventor. DATES: Effective Date: March 5, 2014. Comment Deadline Date: Written comments must be received on or before May 5, 2014. ADDRESSES: Comments should be sent by electronic mail message over the Internet addressed to: AC92.comments@ uspto.gov. Comments also may be submitted by postal mail addressed to: Mail Stop Comments—Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313–1450, marked to the attention of Eugenia A. Jones, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy. Comments likewise may be sent by electronic mail message over the Internet via the Federal eRulemaking Portal. See the Federal eRulemaking Portal Web site (https:// www.regulations.gov) for additional instructions on providing comments via the Federal eRulemaking Portal. Although comments may be submitted by postal mail, the Office prefers to receive comments by electronic mail message over the Internet because sharing comments with the public is more easily accomplished. Electronic comments in plain text are preferred, but comments in ADOBE® portable document format or MICROSOFT WORD® format are also acceptable. Comments not submitted electronically should be submitted on paper in a format that facilitates convenient digital scanning into ADOBE® portable document format. Comments will be available for viewing via the Office’s Internet Web site (https://www.uspto.gov). Because comments will be made available for public inspection, information that the submitter does not desire to make public, such as an address or phone number, should not be included in the comments. FOR FURTHER INFORMATION CONTACT: Eugenia A. Jones, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 Patent Examination Policy, at (571) 272– 7727. SUPPLEMENTARY INFORMATION: Executive Summary: Purpose: This interim rule permits the filing of a continued prosecution application even if the prior nonprovisional application does not contain the inventor’s oath or declaration. This change is to avoid the need for applicants to file the inventor’s oath or declaration in an application in order to file a continued prosecution application of that application. Summary of Major Provisions: This interim rule provides that the prior nonprovisional application of a continued prosecution application that was filed on or after September 16, 2012 is not required to contain the inventor’s oath or declaration if the prior nonprovisional application contains an application data sheet indicating the name, residence, and mailing address of each inventor. Costs and Benefits: This rulemaking is not economically significant under Executive Order 12866 (Sept. 30, 1993). Background: The Office has revised the rules of practice pertaining to the inventor’s oath or declaration to permit an applicant to postpone the filing of the inventor’s oath or declaration until payment of the issue fee if the applicant provides an application data sheet indicating the name, residence, and mailing address of each inventor. See Changes To Implement the Inventor’s Oath or Declaration Provisions of the Leahy-Smith America Invents Act, 77 FR 48776, 48779–80 (Aug. 14, 2012), and Changes to Implement the Patent Law Treaty, 78 FR 62367, 62376 (Oct. 21, 2013). The rules of practice pertaining to continued prosecution applications (which are applicable only to design applications) require that the prior nonprovisional application of a continued prosecution application be a design application that is complete as defined by 37 CFR 1.51(b). See 37 CFR 1.53(d)(1)(ii) (requires that the prior nonprovisional application of a continued prosecution application be a design application that is complete as defined by 37 CFR 1.51(b)). 37 CFR 1.51(b) in turn requires that an application contain the inventor’s oath or declaration to be complete. See 37 CFR 1.51(b)(2). This interim rule amends 37 CFR 1.53(d)(1)(ii) to permit the filing of a continued prosecution application even if the prior nonprovisional application does not contain the inventor’s oath or declaration if the continued prosecution application is filed on or after September 16, 2012, and the prior nonprovisional application contains an E:\FR\FM\05MRR1.SGM 05MRR1

Agencies

[Federal Register Volume 79, Number 43 (Wednesday, March 5, 2014)]
[Rules and Regulations]
[Pages 12382-12384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04514]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 1005

[Docket No. FR-5772-F-01]
RIN 2577-AC91


Conforming Amendment to the Section 184 Indian Housing Loan 
Guarantee Program Regulations

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Final rule.

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

SUMMARY: This final rule revises the regulations governing the Section 
184 Indian Housing Loan Guarantee program (Section 184 program) to 
conform to a recent statutory change. The 2013 Consolidated and Further 
Continuing Appropriations Act amends section 184(d) of the Housing and 
Community Development Act of 1992 by authorizing HUD to increase the 
fee for the guarantee of Section 184 loans up to 3 percent of the 
principal obligation of the loan and to establish the amount of the fee 
by publishing a notice in the Federal Register. This final rule amends 
the Section 184 Indian Housing Loan Guarantee Program regulations to 
reflect this new authority. By notice published elsewhere in today's 
Federal Register, HUD is exercising this authority to increase the loan 
guarantee fee to 1.5 percent of the principal obligation from the 
current rate of 1 percent.

DATES: Effective Date: April 4, 2014.

FOR FURTHER INFORMATION CONTACT: Rodger Boyd, Deputy Assistant 
Secretary for Native American Programs, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW.,

[[Page 12383]]

Room 4126, Washington, DC 20410; telephone number 202-401-7914 (this is 
not a toll-free number). Persons with hearing or speech disabilities 
may access this number through TTY by calling the toll-free Federal 
Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 184 of the Housing and Community Development Act of 1992 
(Pub. L. 102-550, approved October 28, 1992), as amended by the Native 
American Housing Assistance and Self-Determination Act of 1996 (Pub. L. 
104-330, approved October 26, 1996), established the Section 184 
program to provide access to sources of private financing to Indian 
families, Indian housing authorities, and Indian tribes that otherwise 
could not acquire housing financing because of the unique legal status 
of Indian land. Because title to trust or restricted land is 
inalienable, title cannot be conveyed to eligible Section 184 program 
borrowers. As a consequence, financial institutions are unable to 
utilize the land as security in mortgage lending transactions. The 
Section 184 program addresses obstacles to mortgage financing on trust 
land and in other Indian and Alaska Native areas by giving HUD the 
authority to guarantee loans to eligible persons and entities to 
construct, acquire, refinance, or rehabilitate one-to-four family 
dwellings in these areas.
    The Section 184 program charges borrowers a guarantee fee to 
participate in the program and the fee, along with other funds and 
appropriations, is used to fulfill obligations of the Secretary with 
respect to the loans guaranteed under this section. Section 184(d) of 
the Housing and Community Development Act of 1992 limited the guarantee 
fee to a maximum of 1 percent of the principal obligation, and HUD set 
the guarantee fee at 1 percent by regulation. (See 24 CFR 1005.109.) 
The 2013 Consolidated Appropriations Act (Pub. L. 113-6, approved March 
26, 2013) (2013 Appropriations Act) amends section 184(d) of the 
Housing and Community Development Act of 1992 by authorizing the 
Secretary to increase the fee for the guarantee of loans up to 3 
percent of the principal obligation of the loan and to establish the 
amount of the fee by publishing a notice in the Federal Register.

II. This Final Rule

    This final rule codifies in regulation HUD's new authority by 
revising the guarantee fee language in Sec.  1005.109 to conform to the 
new 2013 Consolidated Appropriations Act language. Specifically, HUD 
replaces the language preventing the guarantee fee from exceeding 1 
percent of the of the loan amount with the language authorizing HUD to 
increase the fee for the guarantee of loans up to 3 percent of the 
principal obligation of the loan, or any increase established by 
statute, and to establish the amount of the fees and premiums through 
notice published in the Federal Register. Elsewhere in today's Federal 
Register, and consistent with the statutory authority of the 2013 
Appropriations Act, HUD has published a notice that increases the loan 
guarantee fee to 1.5 percent of the principal obligation from the 
current rate of 1 percent.

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 soliciting public comment in that prior public procedure is 
unnecessary. This final rule codifies, in its Section 184 regulations, 
without change, HUD's new statutory authority to increase the Section 
184 guarantee fee up to 3 percent of the principal obligation.

IV. Findings and Certifications

Regulatory Review--Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if the 
regulation is necessary, to select the regulatory approach that 
maximizes net benefits. As discussed above in this preamble, this final 
rule updates the regulation to reflect HUD's new statutory authority 
only. As a result, this rule was determined to not be a significant 
regulatory action under section 3(f) of Executive Order 12866, 
Regulatory Planning and Review, and therefore was not reviewed by the 
Office of Management and Budget (OMB).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 605(b)) generally requires 
an agency to conduct 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. Since notice and 
comment rulemaking is not necessary for this rule, the provisions of 
the Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612) do 
not apply.

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 final 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.

Environmental Review

    This final rule does not direct, provide for assistance or loan and 
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 
final rule is categorically excluded from environmental review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).

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 the private sector. This final rule does not 
impose any federal mandates on any state, local, or tribal government, 
or the private sector within the meaning of UMRA.

List of Subjects in 24 CFR Part 1005

    Indians, Loan programs-Indians, Reporting and recordkeeping 
requirements.

    Accordingly, for the reasons stated above, HUD amends 24 CFR part 
1005 to read as follows:

[[Page 12384]]

PART 1005--LOAN GUARANTEES FOR INDIAN HOUSING

0
1. The authority citation for part 1005 continues to read as follows:

    Authority:  12 U.S.C. 1715z-13a, 15 U.S.C. 1639c, 42 U.S.C. 
3535(d).


0
2. Revise Sec.  1005.109 to read as follows:


Sec.  1005.109  Guarantee Fees.

    HUD shall establish and collect, at the time of issuance of the 
guarantee, a fee for the guarantee of loans under this section, in an 
amount not exceeding 3 percent of the principal obligation of the loan, 
or any increase established by statute. HUD shall establish the amount 
of the fee by publishing a notice in the Federal Register, and shall 
deposit any fees collected under this section in the Indian Housing 
Loan Guarantee Fund.

    Dated: February 21, 2014.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2014-04514 Filed 3-4-14; 8:45 am]
BILLING CODE 4210-67-P
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