Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules 22145 

the human environment. This rule 

involves implementation of regulations 

within 33 CFR Part 100 that apply to 

organized marine events on the 

navigable waters of the United States 

that may have potential for negative 

impact on the safety or other interest of 

waterway users and shore side activities 

in the event area. The category of water 

activities includes but is not limited to 

sail boat regattas, boat parades, power 

boat racing, swimming events, crew 

racing, and sail board racing. Under 

figure 2–1, paragraph (34)(h), of the 

Instruction, an ‘‘Environmental Analysis 

Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. In the Table to § 100.501, suspend 

line No. 41 from July 1, 2009 to July 31, 

2009; and 

a. From 9 a.m. to 5:30 p.m., on July 

12, 2009, add line No. 63. 

The addition reads as follows: 

§ 100.501–T05–0252 Special Local 

Regulations; Recurring Marine Event in the 

Fifth Coast Guard District. 

* * * * * 

Table To § 100.501.—All coordinates 

listed in the Table to § 100.501 reference 

Datum NAD 1983. 

COAST GUARD SECTOR HAMPTON ROADS—COTP ZONE

Number Date Event Sponsor Location 

* * * * * * * 

63 ......... July 12, 2009 ............ Watermen’s Heritage Festival Workboat Races.Watermen’s Museum of 

Yorktown, VA.

The waters of the York River, Yorktown, Virginia, 

bounded on the west by a line drawn along 

longitude 076°31′25′′ W, bounded on the east 

by a line drawn along longitude 076°30′55′′ W, 

bounded on the south by the shoreline and 

bounded on the north by a line drawn parallel 

and 400 yards north of the southern shoreline. 

* * * * * 

Dated: April 27, 2009. 

Fred M. Rosa, Jr. 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. E9–10973 Filed 5–11–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 36 

RIN 2900–AN26 

Loan Guaranty: Assistance to Eligible 

Individuals in Acquiring Specially 

Adapted Housing; Cost-ofConstruction Index 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

amend the Department of Veterans 

Affairs’ (VA’s) Loan Guaranty 

regulations concerning assistance to 

eligible individuals in acquiring 

specially adapted housing. The 

proposed change would implement 

provisions of the Housing and Economic 

Recovery Act of 2008, which authorized 

VA to provide for automatic annual 

increases in the dollar amounts 

available to certain Specially Adapted 

Housing grant recipients. 

DATES: Comments must be received on 

or before June 11, 2009. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AN26—Loan Guaranty: Assistance to 

Eligible Individuals in Acquiring 

Specially Adapted Housing; Cost-ofConstruction Index.’’ Copies of 

comments received will be available for 

public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 8 

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

Friday (except holidays). Please call 

(202) 461–4902 (this is not a toll-free 

number) for an appointment. In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Faliski, Assistant Director for 

Loan Policy and Valuation, Loan 

Guaranty Service (26), Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 461–9527. 

(This is not a toll-free telephone 

number.) 

SUPPLEMENTARY INFORMATION: The 

Housing and Economic Recovery Act of 

2008, Public Law 110–289, directed the 

Secretary of Veterans Affairs to establish 

a residential home cost-of-construction 

index for the purpose of increasing 

certain Specially Adapted Housing 

(SAH) grant amounts. The law left it to 

the Secretary’s discretion to determine 

whether to develop a new index or to 

select one from the private sector. It 

required that any index selected, 

however, must reflect a uniform, 

national average change in the cost of 

residential home construction, 

determined on a calendar-year basis. 

This proposed rule identifies the index 

the Secretary plans to select, explains 

how the increase would be calculated, 

and requires the Secretary to publish 

annually in the Federal Register the 

aggregate amounts of assistance 

available. 

Selection of a Cost-of-Construction 

Index 

The Department of Veterans Affairs 

(VA) believes that an existing private 

sector index is appropriate for the 

purposes of 38 U.S.C. 2102(d). VA 


tjames on PRODPC75 with PROPOSALS
22146 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules 

believes this is preferable to establishing 

a VA-specific index because VA does 

not have the necessary resources and 

expertise to continuously monitor the 

costs of construction nationwide. 

This proposed rule identifies the 

Turner Building Cost Index (TBCI) as 

the index the Secretary plans to adopt. 

The TBCI has been prepared for more 

than 80 years. It tracks building costs 

and price trends nationwide. The factors 

considered in calculating the index 

include labor rates, productivity, 

material prices, and market conditions. 

As a result of TBCI’s emphasis on the 

costs of labor and materials, rather than 

property values or sales prices, it is best 

suited to reflect the cost of acquiring the 

adaptations needed by the veterans and 

servicemembers served by the SAH 

program. 

VA considered a number of 

alternatives to the TBCI. These 

alternatives included three indices 

computed by the United States Census 

Bureau: (1) The Laspeyres Price Index, 

which tracks increases in the sales price 

of homes while keeping housing quality 

constant; (2) the Paasche Index, which 

also measures changes in sales prices 

over time; and (3) the Fisher Ideal 

Index, which is a geometric average of 

the Laspeyres and Paasche Indices. 

Because all three Census Bureau indices 

track home sales prices, rather than 

construction costs, VA does not believe 

that they are as well suited for use with 

the SAH program as the TBCI. Home 

sales prices have little bearing on the 

cost of making adaptations to an eligible 

individual’s home. Although SAH 

grants may be used to acquire a suitably 

adapted home, they are more often used 

to adapt an existing home. 

VA also considered the Residential 

Cost Index published by Whitestone 

Research. The Whitestone Research 

Residential Cost Index (WRRCI) is based 

on multiple cost factors. Because the 

WRRCI tracks many cost factors that are 

not related to the labor and materials 

costs of making adaptations to an 

eligible individual’s home, VA does not 

believe the WRRCI is as well suited to 

the SAH program as the TBCI. 

Calculating the Aggregate Amounts of 

Assistance Available 

On October 1 of each year, beginning 

with 2009, the Secretary must increase 

the aggregate amounts of assistance 

available for SAH grants authorized 

under 38 U.S.C. 2101(a) and (b). In 

accordance with 38 U.S.C. 2101(e), the 

increase will equal the percentage by 

which the cost-of-construction index 

increased between the two preceding 

calendar years. In other words, for the 

adjustment effective October 1, 2009, 

the Secretary must calculate the 

percentage by which the TBCI increased 

between calendar years 2007 and 2008. 

On October 1, the Secretary must 

increase the grant amounts by that 

amount. If, in any given calendar year, 

the TBCI remains flat or decreases, the 

aggregate amounts of assistance 

available will not change. 

Publication in the Federal Register 

Section 2102(e) of title 38, U.S.C., 

requires that the annual increase in the 

aggregate amounts of assistance 

available occur on October 1 of each 

year. The proposed rule would require 

that the Secretary publish the resulting 

figures in the Federal Register by 

September 30. VA believes that this 

would provide adequate notice to the 

public of the new aggregate amounts of 

assistance available each year. (Note: 

After publication, the figures also would 

be available on the Loan Guaranty Web 

site at http://www.homeloans.va.gov/ 

sah.htm.) 

Administrative Procedure Act 

The Secretary has determined that 

there is good cause to limit the public 

comment period on this rule to 30 days. 

This proposed rule is necessary to 

implement Congress’ directive to 

establish a cost-of-construction index to 

implement statutorily mandated 

increases by October 1, 2009. Therefore, 

in order to comply with this statute, the 

Secretary has provided a 30-day 

comment period for this rule. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

year. This proposed rule would have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

This document contains no provisions 

constituting collections of information. 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a regulatory 

action as a ‘‘significant regulatory 

action,’’ requiring review by the Office 

of Management and Budget (OMB) 

unless OMB waives such a review, if it 

is a regulatory action that is likely to 

result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this proposed rule have 

been examined, and it has been 

determined not to be a significant 

regulatory action under Executive Order 

12866. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this 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 et seq. This 

proposed rule will directly affect only 

individuals and will not directly affect 

small entities. Therefore, pursuant to 5 

U.S.C. 605(b), this proposed rule is 

exempt from the initial and final 

regulatory flexibility analysis 

requirements of sections 603 and 604. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers and titles for the 

programs affected by this document are 

64.106, Specially Adapted Housing for 

Disabled Veterans; and 64.118, Veterans 

Housing—Direct Loans for Certain 

Disabled Veterans. 

Lists of Subjects in 38 CFR Part 36 

Condominiums, Housing, Indians, 

Individuals with disabilities, Loan 

programs—housing and community 

development, Loan programs—Indians, 

Loan programs—veterans, Manufactured 

homes, Mortgage insurance, Reporting 

and recordkeeping requirements, 

Veterans. 


tjames on PRODPC75 with PROPOSALS
Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules 22147 

Approved: April 17, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

For the reasons set out in the 

preamble, VA proposes to amend 38 

CFR part 36 (Subpart C) as set forth 

below. 

PART 36—LOAN GUARANTY 

Subpart C—Assistance to Certain 

Disabled Veterans in Acquiring 

Specially Adapted Housing 

1. The authority citation for part 36 

continues to read as follows: 

Authority: 38 U.S.C. 501 and as otherwise 

noted. 

2. Add § 36.4412 to read as follows: 

§ 36.4412 Annual adjustments to the 

aggregate amount of assistance available. 

(a) On October 1 of each year, the 

Secretary will increase the aggregate 

amounts of assistance available for 

grants authorized under 38 U.S.C. 

2101(a) and 2101(b). Such increase will 

be equal to the percentage by which the 

Turner Building Cost Index for the most 

recent calendar year exceeds that of the 

next preceding calendar year. 

(b) Notwithstanding paragraph (a) of 

this section, if the Turner Building Cost 

Index for the most recent full calendar 

year is equal to or less than the next 

preceding calendar year, the percentage 

increase will be zero. 

(c) No later than September 30 of each 

year, the Secretary will publish in the 

Federal Register the aggregate amounts 

of assistance available for the upcoming 

fiscal year. 

(Authority: 38 U.S.C. 2102(e)) 

[FR Doc. E9–11079 Filed 5–11–09; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2009–0021; FRL–8766–3] 

Stay of Clean Air Interstate Rule for 

Minnesota; Stay of Federal 

Implementation Plan To Reduce 

Interstate Transport of Fine Particulate 

Matter and Ozone for Minnesota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to stay the 

effectiveness, in the State of Minnesota 

only, of two final rules issued under 

section 110 of the Clean Air Act (CAA) 

related to the interstate transport of 

pollutants. On May 12, 2005, EPA 

issued the Clean Air Interstate Rule 

(CAIR). In CAIR, EPA required 

Minnesota and other states to submit 

State Implementation Plan (SIP) 

revisions to limit nitrogen oxides (NOX) 

and sulfur dioxide (SO2) emissions for 

the purpose of reducing the 

contributions these emissions make to 

particulate matter and ozone transport 

across state boundaries in the eastern 

half of the U.S. On April 28, 2006, EPA 

published Federal Implementation 

Plans (CAIR FIPs) containing 

requirements to serve as a backstop 

until replaced by an approved SIP. 

Subsequently, the U.S. Court of 

Appeals for the D.C. Circuit held that 

EPA had not properly addressed 

possible errors in the analysis 

supporting EPA’s decision that 

Minnesota should be included in the 

CAIR region for fine particulate matter 

(PM2.5). EPA is proposing to stay the 

effectiveness of CAIR and the CAIR FIP 

with respect to sources in Minnesota 

only, while EPA conducts a notice-andcomment rulemaking addressing this 

issue and its impact on the inclusion of 

Minnesota in CAIR. 

DATES: Comments must be received on 

or before June 11, 2009. If anyone 

contacts us requesting a public hearing 

by May 22, 2009, we will hold a public 

hearing approximately 30 days after 

publication in the Federal Register. 

Additional information about the 

hearing would be published in a 

subsequent Federal Register notice. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2009–0021, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

Attention Docket ID No. EPA–HQ– 

OAR–2009–0021. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2009– 

0021. 

• Mail: EPA Docket Center, EPA West 

(Air Docket), Attention Docket ID No. 

EPA–HQ–OAR–2009–0021, 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center 

(Air Docket), Attention Docket ID No. 

EPA–HQ–OAR–2009–0021, 

Environmental Protection Agency, 1301 

Constitution Avenue, NW., Room 3334; 

Washington, DC. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2009– 

0021. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov, your 

e-mail address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters and any 

form of encryption, and be free of any 

defects or viruses. For additional 

information about EPA’s public docket 

visit the EPA Docket Center homepage 

at http://www.epa.gov/epahome/ 

dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the EPA Docket Center EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the EPA Docket Center is 

(202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Tim 

Smith, Air Quality Planning Division, 


tjames on PRODPC75 with PROPOSALS