41342 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Proposed Rules 

default, which is inconsistent with 

HUD’s public housing bond financing 

regulations, the purpose of the FHA 

programs, and the proper administration 

of the FHA mortgage insurance funds. 

Accordingly, the undersigned certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Notwithstanding HUD’s 

determination that this rule will not 

have a significant economic impact on 

a substantial number of small entities, 

HUD specifically invites comments 

regarding less burdensome alternatives 

to this rule that will meet HUD’s 

objectives as described in this preamble. 

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. 

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 proposed rule does 

not impose any Federal mandates on 

any state, local, or tribal government, or 

the private sector within the meaning of 

UMRA. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance number for FHA mortgage 

insurance for the purchase or 

refinancing of existing multifamily 

housing projects is 14.155. 

List of Subjects in 24 CFR Part 207 

Manufactured homes, Mortgage 

insurance, Reporting and recordkeeping 

requirements, Solar energy. 

Accordingly, for the reasons stated in 

the preamble, HUD proposes to revise 

24 CFR part 207 as follows: 

PART 207—MULTIFAMILY HOUSING 

MORTGAGE INSURANCE 

■ 1. The authority citation for part 207 

continues to read as follows: 

Authority: 12 U.S.C. 1701z–11(e), 

1709(c)(1), 1713, and 1715b; 42 U.S.C. 

3535(d) 

■ 2. Revise § 207.251 to read as follows: 

§ 207.251 Definitions. 

As used in this subpart: 

Act means the National Housing Act, 

as amended. 

Commissioner means the Federal 

Housing Commissioner. 

Contract of insurance means the 

agreement evidenced by such 

endorsement and includes the terms, 

conditions and provisions of this part 

and of the National Housing Act. 

Insured mortgage means a mortgage 

which has been insured by the 

endorsement of the credit instrument by 

the Commissioner, or his duly 

authorized representative. 

Mortgage means such a first lien upon 

real estate and other property as is 

commonly given to secure advances on, 

or the unpaid purchase price of, real 

estate under the laws of the State, 

district or territory in which the real 

estate is located, together with the credit 

instrument or instruments, if any, 

secured thereby. In any instance where 

an operating loss loan is involved, the 

term shall include both the original 

mortgage and the instrument securing 

the operating loss loan. 

Mortgagee means the original lender 

under a mortgage its successors and 

such of its assigns as are approved by 

the Commissioner, and includes the 

holders of the credit instruments issued 

under a trust indenture, mortgage or 

deed of trust pursuant to which such 

holders act by and through a trustee 

therein named. 

Mortgagor means the original 

borrower under a mortgage and its 

successors and such of its assigns as are 

approved by the Commissioner. 

Rebate fund means a separate fund 

established under a contract or 

agreement for tax-exempt bonds in 

which amounts (excess interest earnings 

from the tax-exempt bonds) must be 

deposited to make rebate payments to 

the federal government under the 

Internal Revenue Code. 

■ 3. Add § 207.261 to read as follows: 

§ 207.261 Rebate of excess claim 

proceeds. 

A mortgagee that finances housing 

insured under this part through the 

issuance and sale of bonds or bond 

anticipation notes shall: 

(a) Include language in the trust 

indenture that states that in the event of 

an assignment or conveyance of the 

mortgage, subsequent to the issuance of 

the bonds, all money remaining in all 

funds and accounts other than the 

rebate fund, and any other funds 

remaining under the indenture after 

payment or provision for payment of 

debt service on the bonds and the fees 

and expenses of the credit enhancer, 

issuer, trustee, and other such parties 

unrelated to the mortgagor (other than 

funds originally deposited by the 

mortgagor or related parties on or before 

the date of issuance of the refunding 

bonds) shall be returned to the 

mortgagee; and 

(b) Upon the Commissioner’s payment 

of a mortgage insurance claim under 

§ 207.258, the mortgagee shall take all 

legally entitled actions to enforce the 

clause required by paragraph (a) of this 

section and pay the Commissioner any 

remaining bond funds returned to the 

mortgagee by the bond trustee, no later 

than 6 months after the date of the 

Commissioner’s payment of the 

mortgage insurance claim. 

Dated: June 12, 2013. 

Carol J. Galante, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

[FR Doc. 2013–16456 Filed 7–9–13; 8:45 am] 

BILLING CODE 4210–67–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2010–0389; FRL–9831–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Colorado Second Ten-Year PM10

Maintenance Plan for Can ̃on City 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing approval of 

the State Implementation Plan (SIP) 

revisions submitted by the State of 

Colorado. On June 18, 2009, the 

Governor of Colorado’s designee 

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Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Proposed Rules 41343 

submitted to EPA a revised maintenance 

plan for the Can ̃ on City area for the 

National Ambient Air Quality Standards 

(NAAQS) for particulate matter with an 

aerodynamic diameter less than or equal 

to 10 microns (PM10), which was 

adopted by the State on November 20, 

2008. As required by Clean Air Act 

(CAA) section 175A(b), this revised 

maintenance plan addresses 

maintenance of the PM10 standard for a 

second 10-year period beyond the area’s 

original redesignation to attainment for 

the PM10 NAAQS. In addition, EPA is 

also proposing approval of the revised 

maintenance plan’s 2020 transportation 

conformity motor vehicle emissions 

budget for PM10. This action is being 

taken under sections 110 and 175A of 

the CAA. 

DATES: Written comments must be 

received on or before August 9, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket number EPA–R08– 

OAR–2010–0389, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: ostigaard.crystal@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Carl Daly, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Carl Daly, Director, 

Air Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8:00 a.m. to 4:30 p.m., excluding 

Federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed instruction 

on how to submit comments. 

FOR FURTHER INFORMATION CONTACT: 

Crystal Ostigaard, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6602, 

ostigaard.crystal@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Rules section of this Federal Register, 

EPA is approving the State’s SIP 

revision through a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

SIP revision and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the preamble to 

the direct final rule. If EPA receives no 

adverse comments, EPA will not take 

further action on this proposed rule. If 

EPA receives adverse comments, EPA 

will withdraw the direct final rule and 

it will not take effect. Then, EPA will 

address all public comments in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. Please note that 

if EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. See the information 

provided in the direct final rule of the 

same title which is located in the Rules 

section of this Federal Register. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 20, 2013. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2013–16507 Filed 7–9–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2 and 22 

[GN Docket No. 13–114; FCC 13–66] 

Expanding Access to Broadband and 

Encouraging Innovation Through 

Establishment of an Air-Ground Mobile 

Broadband Secondary Service for 

Passengers Aboard Aircraft in the 

14.0–14.5 GHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Communications 

Commission (Commission) proposes an 

allocation in the 14.0–14.5 GHz band to 

permit operation of an air-ground 

mobile broadband service in the 

contiguous United States. The 

Commission proposes a secondary 

allocation for air-ground mobile 

broadband, and requires new air-ground 

mobile broadband licensees to avoid 

harmful interference to the FixedSatellite Service and prior-licensed 

Federal Fixed Service, Mobile Service, 

and Space Research Service users in the 

14.0–14.5 GHz band, and to coordinate 

with the Radio Astronomy Service to 

avoid interference to radio astronomy 

observations. The Commission also 

proposes to license air-ground mobile 

broadband on a nationwide basis, and 

seeks comment on whether it should 

license air-ground mobile broadband in 

two spectrum blocks of 250 megahertz 

each, one spectrum block of 500 

megahertz, or some other spectrum 

block size. The Commission proposes to 

grant licenses by auction in the case of 

mutually exclusive applications. 

DATES: Submit comments on or before 

August 26, 2013, and replies on or 

before September 23, 2013. Paperwork 

Reduction Act (PRA) comments should 

be on or before September 9, 2013. 

ADDRESSES: Address comments 

concerning this proposed rule to the 

Secretary, Federal Communications 

Commission, 445 12th Street SW., 

Washington, DC 20554. U.S. Postal 

Service first-class, Express, and Priority 

mail must be addressed to 445 12th 

Street SW., Washington DC 20554. 

Commercial overnight mail other than 

U.S. Postal Service Express Mail and 

Priority Mail must be sent to the 

Secretary, Federal Communications 

Commission, 9300 East Hampton Drive, 

Capitol Heights, MD 20743. 

PRA comments should be submitted 

to Cathy Williams, Federal 

Communications Commission via email 

at PRA@fcc.gov and 

Cathy.Williams@fcc.gov and Nicholas A. 

Fraser, Office of Management and 

Budget via fax at 202–395–5167 or via 

email to 

Nicholas_A._Fraser@omb.eop.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Notice of Proposed 

Rulemaking, GN Docket No. 13–114, 

FCC 13–66, adopted May 9, 2013, and 

released May 9, 2013. The full text of 

the Notice of Proposed Rulemaking is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Center, 445 12th Street 

SW., Washington, DC 20554. The 

document also is available for download 

over the Internet at http:// 

transition.fcc.gov/Daily_Releases/ 

Daily_Business/2011/db0513/FCC-11- 

76A1.pdf. 

The complete text also may be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc. 

(BCPI), located in Room CY–B402, 445 

12th Street SW., Washington, DC 20554. 

Customers may contact BCPI at its Web 

site: 

http://www.bcpiweb.com or call 1–800– 

378–3160. 

Comment Filing Procedures 

Pursuant to 47 CFR 1.415, 1.419, 

interested parties may file comments 

and reply comments on or before the 

dates indicated above. Comments may 

be filed electronically or by hand 

delivery. See Electronic Filing of 

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