76956 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

operations.’’ Section 503(a)(1) of

SMCRA requires that state laws

regulating surface coal mining and

reclamation operations be ‘‘in

accordance with’’ the requirements of

SMCRA, and section 503(a)(7) requires

that state programs contain rules and

regulations ‘‘consistent with’’

regulations issued by the Secretary

pursuant to SMCRA.

Executive Order 12988—Civil Justice

Reform

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988 and

has determined that, to the extent

allowed by law, this rule meets the

applicable standards of subsections (a)

and (b) of that section. However, these

standards are not applicable to the

actual language of state regulatory

programs and program amendments

since each such program is drafted and

promulgated by a specific state, not by

OSM. Under sections 503 and 505 of

SMCRA (30 U.S.C. 1253 and 1255) and

30 CFR 730.11, 732.15, and

732.17(h)(10), decisions on proposed

state regulatory programs and program

amendments submitted by the states

must be based solely on a determination

of whether the submittal is consistent

with SMCRA and its implementing

federal regulations and whether the

other requirements of 30 CFR Parts 730,

731, and 732 have been met.

National Environmental Policy Act

Section 702(d) of SMCRA (30 U.S.C.

1292(d)) provides that a decision on a

proposed state regulatory program

provision does not constitute a major

federal action within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (NEPA) (42

U.S.C. 4332(2)(C)). A determination has

been made that such decisions are

categorically excluded from the NEPA

process (516 DM 8.4.A).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by the Office of

Management and Budget under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The state submittal

which is the subject of this rule is based

upon counterpart federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the state. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart federal regulation.

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, federal, state, or

local government agencies, or

geographic regions.

c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S. based enterprises to

compete with foreign-based enterprises.

This determination is based upon the

fact that the state submittal which is the

subject of this rule is based upon

counterpart federal regulations for

which an analysis was prepared and a

determination made that the federal

regulation was not considered a major

rule.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 938

Intergovernmental relations, Surface

mining, Underground mining.

Dated: November 30, 2000.

George J. Rieger,

Acting Regional Director, Appalachian

Regional Coordinating Center.

[FR Doc. 00–31324 Filed 12–7–00; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–00–006]

RIN 2115–AE47

Drawbridge Operation Regulations;

Longboat Pass and New Pass,

Longboat Key, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking;

reopening of comment period.

SUMMARY: The Commander, Seventh

Coast Guard District issued a notice of

proposed rulemaking on 25 August

2000, to change the regulations

governing the operation of the State

Road 789 drawbridge across Longboat

Pass, Manatee County, and the New

Pass bridge, Sarasota County, in

Longboat Key, Florida. The comment

period expired on October 24, 2000. The

Coast Guard has received several

requests for additional time to submit

comments on the proposed rule. As a

result, the Coast Guard is reopening the

comment period for an additional 60

days.

DATES: Comments must be received on

or before February 6, 2001.

ADDRESSES: You may mail comments

and related material to Commander

(obr), Seventh Coast Guard District, 909

SE 1st Avenue, Miami, Florida 33131–

3050, or deliver them to room 406 at the

above address between 7:30 a.m. and 4

p.m. Monday through Friday, except

Federal holidays. The Commander,

Seventh Coast Guard District maintains

the public docket for this rulemaking.

Comments and material received from

the public, as well as documents

indicated in this preamble as being

available in the docket, will become part

of this docket and will be available for

inspection or copying at Commander

(obr), Seventh Coast Guard District 909,

SE 1st Avenue, room 406, Miami, FL

33131, between 8 a.m. and 4 p.m.

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Barry Dragon, Project Officer, Seventh

Coast Guard District, at (305) 415–6743.

SUPPLEMENTARY INFORMATION: On August

25, 2000, the Coast Guard published a

notice of proposed rulemaking (65 FR

51787). The NPRM proposed to change

the regulations governing the operation

of the State Road 789 drawbridge across

Longboat Pass, Manatee County, and the

New Pass bridge, Sarasota County, in

Longboat Key, Florida. The comment

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 76957

period ended on October 24, 2000. The

Coast Guard has received requests from

the U.S. Army Corps of Engineers,

Manatee County, the town of Longboat

Key, and the city of Sarasota for

additional time to comment on this

proposed rule. The Coast Guard believes

additional time to comment on this

notice of proposed rulemaking would be

beneficial. Therefore, the Coast Guard is

reopening the comment period for 60

days. All comments must be received by

February 6, 2001.

Dated: November 27, 2000.

T.W. Allen,

U.S. Coast Guard, Commander, Seventh Coast

Guard District.

[FR Doc. 00–31047 Filed 12–7–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 36

RIN 2900–AJ86

Loan Guaranty: Advertising and

Solicitation Requirements

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend the Department of Veterans

Affairs (VA) loan guaranty regulations

by prohibiting advertisements or

solicitations from lenders that falsely

state or imply that they were issued by

or at the direction of VA or any other

entity of the United States Government.

These provisions appear to be necessary

to ensure that lenders do not provide

misleading information.

DATES: Comments must be received on

or before February 6, 2001.

ADDRESSES: Mail or hand-deliver

written comments to: Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Ave., NW., Room 1154,

Washington, DC 20420; or fax comments

to (202) 273–9289; or e-mail comments

to OGCRegulations@mail.va.gov.

Comments should indicate that they are

submitted in response to ‘‘RIN 2900–

AJ86.’’ All comments received will be

available for public inspection in the

Office of Regulations Management,

Room 1158, between the hours of 8:00

a.m. and 4:30 p.m., Monday through

Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: R.

D. Finneran, Assistant Director for Loan

Policy and Valuation (262), Loan

Guaranty Service, Veterans Benefits

Administration, Department of Veterans

Affairs, 810 Vermont Avenue, NW,

Washington, DC 20420, (202) 273–7368.

SUPPLEMENTARY INFORMATION: Under the

authority of 38 U.S.C. chapter 37, VA

guarantees loans made by private

lenders to eligible veterans to purchase,

construct, improve, or refinance their

homes (the term veteran as used in this

document includes any individual

defined as a veteran under 38 U.S.C. 101

and 3701 for the purpose of housing

loans). This document proposes to

amend VA’s loan guaranty regulations

for both manufactured homes and

conventionally built homes by adding

new advertising and solicitation

disclosure requirements.

We have become aware of written

advertisements and solicitations from

private lenders that appear to falsely

state or imply that they came from VA.

For example, one solicitation from a

private lender stated that it was from the

‘‘Government Loans Programs’’ and

contained a reference to a VA case

number. Another solicitation from a

private lender stated that ‘‘[I]n

accordance with regulations determined

by the Department of Veterans Affairs

this notice is officially issued to * * *’’

Another solicitation from a private

lender stated that ‘‘The Veterans Benefit

Administration known as VA, a division

of the United States Department of

Veterans Affairs is working with lenders

to inform you * * *’’ Other solicitations

from private lenders stated that they

were from the ‘‘V.A. Loan Department,’’

‘‘Veterans Department,’’ ‘‘Direct VA

Streamline Department,’’ ‘‘Authorized

VA Loan Center,’’ and ‘‘VA Conversion

Center.’’ One solicitation from a private

lender not only stated on the envelope

that it was from the ‘‘Department of

Veterans’’ but included the statement

‘‘Official Business, Penalty For Private

Use, $300.’’

Further, we have recently become

aware of written advertisements and

solicitations from private lenders that

appear to falsely state or imply that they

have been given special authority by VA

to offer a unique loan product. For

example, one solicitation from a private

lender stated that ‘‘you are now eligible

to take advantage of the Exclusive VA

STREAMLINE refinance program.’’

Another solicitation from a private

lender stated that ‘‘The Veterans

Administration in conjunction with

* * * Mortgage offers a unique program

* * *’’

To address these issues regarding

advertisements and solicitations, we are

proposing to establish advertising and

solicitation requirements. We propose

that any advertisement or solicitation in

any form (e.g., written, electronic, oral)

from private lenders concerning housing

loans to be guaranteed or insured by the

Secretary must not include information

falsely stating or implying that it was

issued by or at the direction of VA or

any other department or agency of the

United States and must not include

information falsely stating or implying

that the lender has an exclusive right to

make loans guaranteed or insured by

VA.

If the proposed requirements are

adopted, noncompliance may lead to

suspension, debarment, or limited

denial of participation in the VA

housing loan program pursuant to 38

CFR part 44. Also, under 38 CFR part

44, such action could affect the lender’s

ability to participate in other

governmental programs.

Regulatory Flexibility Act

The Secretary hereby certifies that the

adoption of the proposed rule would not

have a significant economic impact on

a substantial number of small entities as

they are defined in the Regulatory

Flexibility Act, 5 U.S.C. 601–612. The

proposed rule would not have more

than a minuscule effect on any small

entities. Therefore, pursuant to 5 U.S.C.

605(b), the proposed rule is exempt

from the initial and final regulatory

flexibility analysis requirements of

sections 603 and 604.

The Catalog of Federal Domestic

Assistance Program number is 64.114.

List of Subjects in 38 CFR Part 36

Condominiums, Handicapped,

Housing, Indians, Individuals with

disabilities, Loan programs-housing and

community development, Loan

programs-Indians, Loan programsveterans, Manufactured homes,

Mortgage insurance, Reporting and

recordkeeping requirements, Veterans.

Approved: October 31, 2000.

Hershel W. Gober,

Acting Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 36 is proposed to

be amended as set forth below.

PART 36—LOAN GUARANTY

1. The authority citation for part 36

continues to read as follows:

Authority: 38 U.S.C. 501, 3701–3704, 3707,

3710–3714, 3719, 3720, 3729, 3762, unless

otherwise noted.

2. Section 36.4227 is added

immediately after the authority citation

at the end of § 36.4226 to read as

follows: