[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Rules and Regulations]
[Pages 28809-28810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11610]



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 Rules and Regulations
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  Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Rules 
and Regulations  

[[Page 28809]]



DEPARTMENT OF AGRICULTURE

Rural Housing Service

7 CFR Part 3550

RIN 0575-AC97


Direct Single Family Housing Loans and Grants

AGENCY: Rural Housing Service, USDA.

ACTION: Direct final rule.

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SUMMARY: The Rural Housing Service is amending its regulations for the 
section 502 direct single family housing loans program by reinstating 
language pertaining to payment assistance method 1 that was 
inadvertently changed or omitted when the payment subsidy regulation 
was revised on December 27, 2007. This action will make clear to the 
public that under this method, the amount of subsidy granted is the 
difference between the installment due on the promissory note and the 
greater of the payment amortized at the equivalent interest rate or the 
payment calculated based on the required floor payment.

DATES: This rule is effective August 4, 2014, without further action 
unless the Agency receives written adverse comments or written notices 
of intent to submit adverse comments on or before July 21, 2014. If the 
Agency receives such comments or notices, the Agency will publish a 
timely document in the Federal Register withdrawing the amendment.
    Any adverse comments received will be considered under the proposed 
rule published in this edition of the Federal Register in the proposed 
rule section. A second public comment period will not be held. Written 
comments must be received by the Agency or carry a postmark or 
equivalent no later than July 21, 2014.

ADDRESSES: You may submit adverse comments or notice of intent to 
submit adverse comments to this rule by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Submit written comments via the U.S. Postal Service 
to the Branch Chief, Regulations and Paperwork Management Branch, U.S. 
Department of Agriculture, STOP 0742, 1400 Independence Avenue SW., 
Washington DC 20250-0742.
     Hand Delivery/Courier: Submit written comments via Federal 
Express mail or another mail courier service requiring a street address 
to Branch Chief, Regulations and Paperwork Management Branch, U.S. 
Department of Agriculture, 300 7th Street SW., 7th Floor, Suite 701, 
Washington, DC 20024.
    All Written comments will be available for public inspection during 
regular work hours at the 300 7th Street, SW., address listed above.

FOR FURTHER INFORMATION CONTACT: Migdaliz Bernier, Acting Chief, Loan 
Origination Branch, Single Family Housing Direct Loan Division, Rural 
Housing Service, Stop 0783, 1400 Independence Avenue SW., Washington, 
DC 20250-0783, Telephone: 202-690-3833.

SUPPLEMENTARY INFORMATION:

Statutory Authority

    Title V, Section 1480 of the Housing Act authorizes the Secretary 
of Agriculture to promulgate rules and regulations as deemed necessary 
to carry out the purpose of that title.

Executive Order 12866--Classification

    This rule has been determined to be not significant and was not 
reviewed by the Office of Management and Budget (OMB) under Executive 
Order 12866.

Executive Order 12988--Civil Justice Reform

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. In accordance with that Executive Order: (1) All State 
and local laws and regulations that are in conflict with this rule will 
be preempted; (2) No retroactive effect will be given to this rule; and 
(3) Administrative proceedings in accordance with the regulations of 
the National Appeals Division of USDA at 7 CFR part 11 must be 
exhausted before bringing suit in court challenging action taken under 
this rule unless those regulations specifically allow bringing suit at 
an earlier time.

Regulatory Flexibility Act

    This rule has been reviewed with regard to the requirements of the 
Regulatory Flexibility Act (5 U.S.C. 601-612). The undersigned has 
determined and certified by signature of this document that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule corrects a requirement on Agency applicants 
and borrowers; Thus there will be no significant information collection 
or regulatory requirements imposed on small entities under this 
proposed rule.

Paperwork Reduction Act of 1995

    In accordance with the Paperwork Reduction Act of 1995, the 
information collection activities associated with this rule are covered 
under OMB Number: 0575-0172. This proposed rule contains no new 
reporting or recordkeeping requirements that would require approval 
under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 
U.S.C. 1501 et seq., establishes requirements for Federal agencies to 
assess the effects of their regulatory actions on State, local, and 
tribal governments and the private sector. Under section 202 of the 
UMRA, RHS generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, or tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. When such a statement is needed for a 
rule, section 205 of the UMRA generally requires RHS to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, more cost-effective or least burdensome alternative that 
achieves the objectives of the rule.
    This rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, and tribal 
Governments or the private sector. Therefore, this rule is not subject 
to the requirements of sections 202 and 205 of the UMRA.

[[Page 28810]]

Environmental Impact Statement

    This document has been reviewed in accordance with 7 CFR part 1940, 
subpart G, ``Environmental Program.'' It is the determination of RHS 
that this action does not constitute a major Federal action 
significantly affecting the quality of the human environment, and in 
accordance with the National Environmental Policy Act of 1969, Public 
Law 91-190, an Environmental Impact Statement is not required.

Programs Affected

    The program affected by this proposed rule is listed in the Catalog 
of Federal Domestic Assistance as 10.410, Very Low to Moderate Income 
Housing Loans.

Executive Order 12372--Intergovernmental Review of Federal Programs

    For the reasons set forth in the final rule published at 7 CFR part 
3015, subpart V, and the related notice (48 FR 29115), these programs 
are not subject to Executive Order 12372, which requires 
intergovernmental consultation with State and local officials.

E-Government Act Compliance

    The RHS is committed to complying with the E-Government Act, to 
promote the use of the Internet and other information technologies to 
provide increased opportunities for citizen access to Government 
information and services, and for other purposes.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    This executive order imposes requirements on RHS in the development 
of regulatory policies that have tribal implications or preempt tribal 
laws. RHS has determined that the proposed rule does not have a 
substantial direct effect on one or more Indian tribe(s) or on either 
the relationship or the distribution of powers and responsibilities 
between the Federal Government and the Indian tribes. Thus, this 
proposed rule is not subject to the requirements of Executive Order 
13175.

Executive Order 13132--Federalism

    The policies contained in this rule do not have any substantial 
direct effect on States, the relationship between the National 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Nor does this 
rule impose substantial direct compliance costs on State and local 
Governments. Therefore, consultation with the States is not required.

Background

    The Agency uses payment subsidies to enhance an applicant's 
repayment ability for section 502 direct single family housing loans. 
RHS administers three types of payment subsidies: interest credit, 
payment assistance method 1 and payment assistance method 2. The 
eligibility requirements and calculation methods for payment subsidies 
are located in 7 CFR 3550.68.
    When the final rule that introduced payment assistance method 2 at 
7 CFR 3550.68(c)(1) was published in the Federal Register on December 
27, 2007 (72 FR 73252), with an effective date of April 1, 2008, the 
language on calculating payment assistance method 1 in 7 CFR 
3550.68(c)(2) was inadvertently modified. The language was 
inadvertently changed from ``The amount of payment assistance granted 
is the difference between the installment due on the promissory note 
and the greater of the payment amortized at the equivalent interest 
rate or the payment calculated based on the required floor payment'' to 
``The amount of payment assistance granted is the difference between 
the annualized note rate installment as prescribed on the promissory 
note and the lesser of . . . (i) The floor payment . . . or (ii) The 
annualized note rate installment and the payment at the equivalent 
interest rate . . .'' (emphasis added). In addition, the sentence 
stated ``In leveraging situations, the equivalent interest rate will be 
used'' was inadvertently omitted. The inadvertent changes are now being 
corrected.

List of Subjects in 7 CFR Part 3550

    Administrative practice and procedure, Conflict of interests, 
Environmental impact statements, Equal credit opportunity, Fair 
housing, Accounting, Housing, Loan programs--Housing and community 
development, Low and moderate income housing, Manufactured homes, 
Reporting and recordkeeping requirements, Rural areas, Subsidies.

    For the reasons stated in the preamble, chapter XXXV, Title 7 of 
the Code of Federal Regulations, is amended as follows:

PART 3550--DIRECT SINGLE FAMILY HOUSING LOANS AND GRANTS

0
1. The authority citation for part 3550 continues to read as follows:

    Authority:  5 U.S.C. 301; 42 U.S.C. 1480.


0
2. In Sec.  3550.68, revise paragraph (c)(2) introductory text to read 
as follows:


Sec.  3550.68  Payment subsidies.

* * * * *
    (c) * * *
    (2) Payment Assistance Method 1. The amount of payment assistance 
granted is the difference between the installment due on the promissory 
note and the greater of the payment amortized at the equivalent 
interest rate or the payment calculated based on the required floor 
payment. In leveraging situations, the equivalent interest rate will be 
used.
* * * * *

    Dated: April 2, 2014.
Tony Hernandez,
Administrator, Rural Housing Service.
[FR Doc. 2014-11610 Filed 5-19-14; 8:45 am]
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