### 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 PM** 10 **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


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

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 (PM 10), 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 PM 10 standard for a second 10-year period beyond the area’s original redesignation to attainment for the PM 10 NAAQS. In addition, EPA is also proposing approval of the revised maintenance plan’s 2020 transportation conformity motor vehicle emissions budget for PM 10. 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 avoidharmful 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