80_FR_51630 80 FR 51466 - Federal Housing Administration (FHA): Standardizing Method of Payment for FHA Insurance Claims

80 FR 51466 - Federal Housing Administration (FHA): Standardizing Method of Payment for FHA Insurance Claims

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 80, Issue 164 (August 25, 2015)

Page Range51466-51469
FR Document2015-20827

This final rule is a cost-savings measure to update HUD's regulations regarding the payment of FHA insurance claims in debentures. Section 520(a) of the National Housing Act grants the Secretary discretion to pay insurance claims in cash or debentures. Although some sections of HUD's regulations have provided mortgagees the option to elect payment of FHA insurance claims in debentures, HUD has not paid an FHA insurance claim in debentures under these regulations in approximately 5 years. This final rule amends applicable FHA regulations to bring consistency in determining the method of payment for FHA insurance claims. This final rule follows publication of the February 20, 2015, proposed rule and adopts the proposed rule without change.

Federal Register, Volume 80 Issue 164 (Tuesday, August 25, 2015)
[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Rules and Regulations]
[Pages 51466-51469]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20827]


=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 203, 207, 220, 221, 232, 236 and 241

[Docket No. FR-5805-F-02]
RIN 2502-AJ26


Federal Housing Administration (FHA): Standardizing Method of 
Payment for FHA Insurance Claims

AGENCY: Office of the Assistant Secretary for Housing-Federal Housing 
Commissioner, HUD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule is a cost-savings measure to update HUD's 
regulations regarding the payment of FHA insurance claims in 
debentures. Section 520(a) of the National Housing Act grants the 
Secretary discretion to pay insurance claims in cash or debentures. 
Although some sections of HUD's regulations have provided mortgagees 
the option to elect payment of FHA insurance claims in debentures, HUD 
has not paid an FHA insurance claim in debentures under these 
regulations in approximately 5 years. This final rule amends applicable 
FHA regulations to bring consistency in determining the method of 
payment for FHA insurance claims. This final rule follows publication 
of the February 20, 2015, proposed rule and adopts the proposed rule 
without change.

DATES: Effective Date: September 24, 2015.

FOR FURTHER INFORMATION CONTACT: For information about: HUD's Single 
Family Housing program, contact Ivery Himes, Director, Office of Single 
Family Asset Management, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 9172, Washington, DC 20410; 
telephone number 202-708-1672; HUD's Multifamily Housing program, 
contact Sivert Ritchie, Multifamily Claims Branch, Office of Housing, 
Department of Housing and Urban Development, 451 7th Street SW., Room 
6252, Washington, DC 20410-8000; telephone number 202-708-2510. The 
telephone numbers listed above are not toll-free numbers. Persons with 
hearing or speech impairments may access these numbers through TTY by 
calling the Federal Relay Service at 800-877-8339 (this is a toll-free 
number).

SUPPLEMENTARY INFORMATION: 

I. Background--the February 20, 2015, Proposed Rule

    On February 20, 2015, HUD published a rule in the Federal Register, 
at 80 FR

[[Page 51467]]

9253, proposing to bring consistency and uniformity to the payment of 
FHA insurance claims among FHA programs. Under section 520(a) of the 
National Housing Act, the Secretary has the discretion to pay insurance 
claims in either cash or debentures.\1\ HUD pursued this proposed rule 
because some of FHA's regulations provided mortgagees with the ability 
to request and receive payment of an insurance claim on a loan insured 
under the National Housing Act in debentures. As a result of these 
regulations, HUD was required to maintain an interagency agreement with 
the United States Department of the Treasury (Treasury), which is the 
agency responsible for issuing and servicing debentures, costing HUD 
over $206,000 per year, despite the fact that there are no current 
debentures being serviced by Treasury for HUD, and HUD has not paid an 
FHA insurance claim in debentures in approximately 5 years.
---------------------------------------------------------------------------

    \1\ 12 U.S.C. 1735d.
---------------------------------------------------------------------------

    The February 20, 2015, rule proposed amending FHA's regulations to 
bring uniformity and consistency in the payment of FHA insurance claims 
among FHA programs in the following sections: Sec. Sec.  203.400, 
203.476, 203.478, 207.259, 220.751, 220.760, 220.822, 221.762, 232.885, 
236.265, 241.261, 241.885, and 241.1205. As a result of these changes, 
Sec.  220.760 was proposed to be removed because it was unnecessary. 
Please see the February 20, 2015, proposed rule for a more detailed 
description of the proposed changes.

II. This Final Rule

    The public comment period for the proposed rule closed on April 21, 
2015, and HUD did not receive any public comments. As a result, this 
final rule adopts the proposed rule without change.

III. Findings and Certifications

Regulatory Review--Executive Order 13563

    Executive Order 13563 (Improving Regulations and Regulatory Review) 
directs executive agencies to analyze regulations that are ``outmoded, 
ineffective, insufficient, or excessively burdensome, and to modify, 
streamline, expand, or repeal them in accordance with what has been 
learned.'' Executive Order 13563 also directs that, where relevant, 
feasible, and consistent with regulatory objectives, and to the extent 
permitted by law, agencies are to identify and consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public.
    Consistent with Executive Order 13563, the purposes of the reform 
to FHA's regulations regarding Secretarial discretion of the type of 
FHA insurance claim payment are to eliminate unnecessary spending and 
to bring consistency regarding the payment of insurance claims across 
FHA programs. As discussed in the preamble, the interagency agreement 
with Treasury costs HUD over $206,000 per year, even though HUD 
currently does not have any debentures for payment of FHA insurance 
claims in circulation, and has not made a payment in debentures in 
approximately 5 years for these insurance claims. In addition, 
different FHA programs treat payment of FHA insurance claims 
differently, and this final rule simplifies the regulations so that the 
authority to determine the method of claim payment rests with the 
Secretary who can determine whether it is fiscally prudent to offer FHA 
insurance claim payments in debentures, cash, or both.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) 
generally requires an agency to conduct a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
This final rule only changes the party which has the authority to 
determine the method of payment of FHA single family, multifamily, and 
healthcare insurance claims. Accordingly, the undersigned certifies 
that this final rule will not have a significant economic impact on a 
substantial number of small entities.

Environmental Impact

    This final rule does not direct, provide for assistance or loan and 
mortgage insurance for, or otherwise govern or regulate the following: 
real property acquisition, disposition, leasing, rehabilitation, 
alteration, demolition, or new construction. Furthermore, the rule does 
not 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).

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any rule that has federalism implications if the rule 
either (i) imposes substantial direct compliance costs on State and 
local governments and is not required by statute or (ii) preempts State 
law, unless the agency meets the consultation and funding requirements 
of section 6 of the Executive order. This final rule does not have 
federalism implications and does not impose substantial direct 
compliance costs on State and local governments or preempt State law 
within the meaning of the Executive order.

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 on the private sector. This final rule does not 
impose any Federal mandates on any State, local, or tribal governments 
or on the private sector, within the meaning of the UMRA.

Paperwork Reduction Act

    This final rule reduces information collection requirements already 
submitted to the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). In accordance 
with the Paperwork Reduction Act, an agency may not conduct or sponsor, 
and a person is not required to respond to, a collection of information 
unless the collection displays a currently valid OMB control number.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number for Mortgage 
Insurance-Homes is 14.117; Mortgage Insurance Nursing Homes, 
Intermediate Care Facilities, Board and Care Homes, and Assisted Living 
Facilities is 14.129; Mortgage Insurance-Rental Housing is 14.134; and 
Mortgage Insurance for the Purchase or Refinancing of Existing 
Multifamily Housing Projects is 14.155.

List of Subjects

24 CFR Part 203

    Hawaiian Natives, Home improvement, Indians--lands, Loan programs--
housing and community development; Mortgage insurance; Reporting and 
recordkeeping requirements; Solar energy.

24 CFR Part 207

    Manufactured homes, Mortgage insurance, Reporting and recordkeeping 
requirements, Solar energy.

[[Page 51468]]

24 CFR Part 220

    Home improvement, Loan programs--housing and community development, 
Mortgage insurance, Reporting and recordkeeping requirements, Urban 
renewal.

24 CFR Part 221

    Low and moderate income housing, Mortgage insurance, Reporting and 
recordkeeping requirements.

24 CFR Part 232

    Fire prevention, Health facilities, Loan programs--health, Loan 
programs--housing and community development, Mortgage insurance, 
Nursing homes, Reporting and recordkeeping requirements.

24 CFR Part 236

    Grant programs--housing and community development, Low and moderate 
income housing, Mortgage insurance, Rent subsidies, Reporting and 
recordkeeping requirements.

24 CFR Part 241

    Home improvement, Loan programs--housing and community development, 
Mortgage insurance, Reporting and recordkeeping requirements, Solar 
energy.

    Accordingly, for the reasons stated above, HUD amends 24 CFR parts 
203, 207, 220, 221, 232, 236, and 241 as follows:

PART 203--SINGLE FAMILY MORTGAGE INSURANCE

0
1. The authority citation for part 203 is revised to read as follows:

     Authority:  12 U.S.C. 1709, 1710, 1715b, 1715z-16, 1715u, 
1717z-21, and 1735d; 15 U.S.C. 1639c; 42 U.S.C. 3535(d).

0
2. Revise Sec.  203.400 to read as follows:


Sec.  203.400  Method of payment.

    (a) If the application for insurance benefits is acceptable to the 
Commissioner, payment of the insurance claim shall be made in cash, in 
debentures, or in a combination of both, as determined by the 
Commissioner either at, or prior to, the time of payment.
    (b) An insurance claim paid on a mortgage insured under section 
223(e) of the National Housing Act shall be paid in cash from the 
Special Risk Insurance Fund.

0
3. Revise Sec.  203.476(g) to read as follows:


Sec.  203.476  Claim application and items to be filed.

* * * * *
    (g) All property of the borrower held by the lender or to which it 
is entitled and, if the Commissioner elects to make payments in 
debentures, all cash held by the lender or to which it is entitled, 
including deposits made for the account of the borrower and which have 
not been applied in reduction of the principal loan indebtedness;
* * * * *

0
4. Revise Sec.  203.478(c) to read as follows:


Sec.  203.478  Payment of insurance benefits.

* * * * *
    (c) Method of payment. Payment of an insurance claim shall be made 
in cash, in debentures, or in a combination of both, as determined by 
the Commissioner either at, or prior to, the time of payment.
* * * * *

PART 207--MULTIFAMILY HOUSING MORTGAGE INSURANCE

0
5. The authority citation for part 207 is revised to read as follows:

    Authority:  12 U.S.C. 1701z-11(e), 1709(c)(1), 1713, 1715(b), 
and 1735d; 42 U.S.C. 3535(d).


0
6. Amend Sec.  207.259 by revising paragraph (a), to read as follows:


Sec.  207.259  Insurance Benefits.

    (a) Method of payment. (1) Upon either an assignment of the 
mortgage to the Commissioner or a conveyance of the property to the 
Commissioner in accordance with requirements in Sec.  207.258, payment 
of an insurance claim shall be made in cash, in debentures, or in a 
combination of both, as determined by the Commissioner either at, or 
prior to, the time of payment.
    (2) An insurance claim paid on a mortgage insured under section 
223(e) of the National Housing Act shall be paid in cash from the 
Special Risk Insurance Fund.
* * * * *

PART 220--MORTGAGE INSURANCE AND INSURED IMPROVEMENT LOANS FOR 
URBAN RENEWAL AND CONCENTRATED DEVELOPMENT

0
7. The authority citation for part 220 is revised to read as follows:

    Authority:  12 U.S.C. 1713, 1715b, 1715k, and 1735d; 42 U.S.C. 
3535(d).


0
8. Revise Sec.  220.751(a) to read as follows:


Sec.  220.751  Cross-reference.

    (a) All of the provisions of subpart B, part 207, of this chapter, 
covering mortgages insured under section 207 of the National Housing 
Act, apply with full force and effect to multifamily project mortgages 
insured under section 220 of the National Housing Act, except Sec.  
207.256b Modification of mortgage terms.
* * * * *


Sec.  220.760  [Removed]

0
9. Remove Sec.  220.760.


Sec.  220.822  [Amended]

0
10. In Sec.  220.822 remove and reserve paragraph (b).

PART 221--LOW COST AND MODERATE INCOME MORTGAGE INSURANCE--SAVINGS 
CLAUSE

0
11. The authority citation for part 221 is revised to read as follows:

    Authority:  12 U.S.C. 1715b, 1715l, and 1735d; 42 U.S.C. 
3535(d).


Sec.  221.762  [Amended]

0
12. In Sec.  221.762 remove and reserve paragraph (a).

PART 232--MORTGAGE INSURANCE FOR NURSING HOMES, INTERMEDIATE CARE 
FACILITIES, BOARD AND CARE HOMES, AND ASSISTED LIVING FACILITIES

0
13. The authority citation for part 232 is revised to read as follows:

    Authority:  12 U.S.C. 1715b, 1715w, 1735d, and 1735f-19; 42 
U.S.C. 3535(d).


0
14. Revise Sec.  232.885(a) to read as follows:


Sec.  232.885  Insurance benefits.

    (a) Method of payment. Payment of an insurance claim shall be made 
in cash, in debentures, or in a combination of both, as determined by 
the Commissioner either at, or prior to, the time of payment.
* * * * *

PART 236--MORTGAGE INSURANCE AND INTEREST REDUCTION PAYMENT FOR 
RENTAL PROJECTS

0
15. The authority citation for part 236 is revised to read as follows:

    Authority: 12 U.S.C. 1715b, 1715z-1, and 1735d; 42 U.S.C. 
3535(d).


Sec.  236.265  [Amended]

0
16. In Sec.  236.265, remove and reserve paragraph (a).

PART 241--SUPPLEMENTARY FINANCING FOR INSURED PROJECT MORTGAGES

0
17. The authority citation for part 241 is revised to read as follows:


[[Page 51469]]


     Authority:  12 U.S.C. 1715b, 1715z-6, and 1735d; 42 U.S.C. 
3535(d).


0
18. Revise Sec.  241.261 to read as follows:


Sec.  241.261  Payment of insurance benefits.

    All of the provisions of Sec.  207.259 of this chapter relating to 
insurance benefits shall apply to multifamily loans insured under this 
subpart.

0
19. Revise Sec.  241.885(a) to read as follows:


Sec.  241.885  Insurance benefits.

    (a) Method of payment. Payment of insurance claims shall be made in 
cash, in debentures, or in a combination of both, as determined by the 
Commissioner either at, or prior to, the time of payment.
* * * * *

0
20. Revise Sec.  241.1205 to read as follows:


Sec.  241.1205  Payment of insurance benefits.

    All the provisions of Sec.  207.259 of this chapter relating to 
insurance benefits shall apply to an equity or acquisition loan insured 
under subpart F of this part.

    Dated: August 12, 2015.
Edward L. Golding,
Principal Deputy, Assistant Secretary for Housing.
    Approved: August 12, 2015.
Nani A. Coloretti,
Deputy Secretary.
[FR Doc. 2015-20827 Filed 8-24-15; 8:45 am]
 BILLING CODE 4210-67-P



                                           51466             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations

                                           done without intending to relinquish                    costs of providing each service. The new              DEPARTMENT OF HOUSING AND
                                           his/her U.S. nationality.                               visa fees went into effect on September               URBAN DEVELOPMENT
                                              In addition to the time spent                        12, 2014. Further details on particular
                                           processing renunciations overseas and                   fees, including payment options, can be               24 CFR Parts 203, 207, 220, 221, 232,
                                           domestically, the full cost of processing               found on the Web site of the embassy                  236 and 241
                                           renunciations includes a portion of                     or consulate where the applicant would                [Docket No. FR–5805–F–02]
                                           overhead costs that support consular                    like to make a visa appointment.
                                           operations overseas per OMB Circular                                                                          RIN 2502–AJ26
                                           A–25, Revised. These costs include                      Conclusion
                                           overseas rent and security, information                                                                       Federal Housing Administration (FHA):
                                                                                                      The Department adjusted the fees in                Standardizing Method of Payment for
                                           technology equipment, and applicable                    light of the CoSM’s findings that the
                                           headquarters support. The Consular                                                                            FHA Insurance Claims
                                                                                                   U.S. government was not fully covering
                                           Time Charge of $135 per hour was not                    its costs for providing these consular                AGENCY:  Office of the Assistant
                                           used in calculating the cost of a                       services. Pursuant to OMB guidance, the               Secretary for Housing-Federal Housing
                                           renunciation service. The Consular                      Department endeavors to recover the                   Commissioner, HUD.
                                           Time Charge is used in conjunction                                                                            ACTION: Final rule.
                                                                                                   cost of providing services that benefit
                                           with other for-fee services listed on the
                                                                                                   specific individuals, as opposed to the
                                           Schedule of Fees for Consular Services                                                                        SUMMARY:    This final rule is a cost-
                                                                                                   general public. See OMB Circular A–25,
                                           that are provided outside of the office or                                                                    savings measure to update HUD’s
                                                                                                   ¶ 6(a)(1), (a)(2)(a). For this reason, the
                                           outside of normal working hours.                                                                              regulations regarding the payment of
                                              Four comments asserted that the                      Department has adjusted the Schedule.
                                                                                                                                                         FHA insurance claims in debentures.
                                           renunciation should be made more                        Regulatory Findings                                   Section 520(a) of the National Housing
                                           efficient rather than more costly. A few                                                                      Act grants the Secretary discretion to
                                           asked if there were ways to reduce                         For a summary of the regulatory                    pay insurance claims in cash or
                                           bureaucracy and paperwork to lower the                  findings and analyses regarding this                  debentures. Although some sections of
                                           cost of the service. Specifically, one                  rulemaking, please refer to the findings              HUD’s regulations have provided
                                           commenter pointed to the German                         and analyses published with the interim               mortgagees the option to elect payment
                                           renunciation process, which involves an                 final rule, which can be found at 79 FR               of FHA insurance claims in debentures,
                                           online application, mailed certified                    51247, which are adopted herein. The                  HUD has not paid an FHA insurance
                                           copies of certain documents, and no in-                 rule became effective September 6,                    claim in debentures under these
                                           person interviews. As described above,                  2014. As noted above, the Department                  regulations in approximately 5 years.
                                           certain legal requirements exist in the                 has considered the comments submitted                 This final rule amends applicable FHA
                                           U.S. system, unique to our laws and                     in response to the interim final rule, and            regulations to bring consistency in
                                           jurisprudence, to protect both the                      does not adopt them. Thus, the rule                   determining the method of payment for
                                           integrity of the process and the rights of              remains in effect.                                    FHA insurance claims. This final rule
                                           those renouncing. The renunciation                         This proposed rule is not a significant            follows publication of the February 20,
                                           process involves significant safeguards                 regulatory action under section 3(f) of               2015, proposed rule and adopts the
                                           to ensure that the renunciant is a U.S.                 Executive Order 12866, Regulatory                     proposed rule without change.
                                           national, fully understands the serious                 Planning and Review, as supplemented                  DATES: Effective Date: September 24,
                                           consequences of renunciation, and seeks                 by Executive Order 13563, Improving                   2015.
                                           to renounce voluntarily and                             Regulation and Regulatory Review, and
                                           intentionally. In short, the                                                                                  FOR FURTHER INFORMATION CONTACT: For
                                                                                                   does not require an assessment of
                                           comprehensive process of expatriation                                                                         information about: HUD’s Single Family
                                                                                                   potential costs and benefits under
                                           under U.S. law does not impinge, but                                                                          Housing program, contact Ivery Himes,
                                                                                                   section 6(a)(3) of Executive Order 12866
                                           rather protects, the right of expatriation.                                                                   Director, Office of Single Family Asset
                                                                                                   or under section 1 of Executive Order
                                              Finally, two comments raised                                                                               Management, Office of Housing,
                                                                                                   13563. OMB has not reviewed it under
                                           questions about payment options and                                                                           Department of Housing and Urban
                                                                                                   those Orders. The Department of State
                                           sought clarification on the effective date                                                                    Development, 451 7th Street SW., Room
                                                                                                   has also considered this rule in light of
                                           for the fee change. The new fee for                                                                           9172, Washington, DC 20410; telephone
                                                                                                   Executive Order 13563, dated January
                                           processing renunciations took effect                                                                          number 202–708–1672; HUD’s
                                                                                                   18, 2011, and affirms that this regulation
                                           September 12, 2014. Payment by credit                                                                         Multifamily Housing program, contact
                                                                                                   is consistent with the guidance therein.
                                           card (at most posts) or cash (in local or                                                                     Sivert Ritchie, Multifamily Claims
                                           U.S. currency) is accepted at post at the               List of Subjects in 22 CFR Part 22                    Branch, Office of Housing, Department
                                           time that the oath of renunciation is                                                                         of Housing and Urban Development,
                                           sworn.                                                    Consular services, Fees, Passports,                 451 7th Street SW., Room 6252,
                                              In addition to the comments on the                   and Visas.                                            Washington, DC 20410–8000; telephone
                                           renunciation fee increase, the                            Accordingly, the interim final rule                 number 202–708–2510. The telephone
                                           Department also received eight                          amending 22 CFR part 22, which was                    numbers listed above are not toll-free
                                           comments about the changes in                           published in the Federal Register, 79 FR              numbers. Persons with hearing or
                                           immigrant and nonimmigrant visa fees.                   51247, on August 28, 2014 (Public                     speech impairments may access these
                                           Most sought clarification on how the                    Notice 8850), effective September 6,                  numbers through TTY by calling the
                                           visa fees were changing, which payment                  2014, is adopted.                                     Federal Relay Service at 800–877–8339
                                           options are available, and when the new                                                                       (this is a toll-free number).
Lhorne on DSK5TPTVN1PROD with RULES




                                                                                                     Dated: August 10, 2015.
                                           fees will go into effect. One commenter                                                                       SUPPLEMENTARY INFORMATION:
                                           asserted that the visa fees are set too                 Patrick F. Kennedy,
                                           low.                                                    Under Secretary of State for Management,              I. Background—the February 20, 2015,
                                              All tiered immigrant and                             U.S. Department of State.                             Proposed Rule
                                           nonimmigrant visa fees addressed in                     [FR Doc. 2015–21042 Filed 8–24–15; 8:45 am]              On February 20, 2015, HUD published
                                           this rulemaking are set to reflect the                  BILLING CODE 4710–06–P                                a rule in the Federal Register, at 80 FR


                                      VerDate Sep<11>2014   15:04 Aug 24, 2015   Jkt 235001   PO 00000   Frm 00044   Fmt 4700   Sfmt 4700   E:\FR\FM\25AUR1.SGM   25AUR1


                                                               Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations                                        51467

                                           9253, proposing to bring consistency                      maintain flexibility and freedom of                   publishing any rule that has federalism
                                           and uniformity to the payment of FHA                      choice for the public.                                implications if the rule either (i)
                                           insurance claims among FHA programs.                         Consistent with Executive Order                    imposes substantial direct compliance
                                           Under section 520(a) of the National                      13563, the purposes of the reform to                  costs on State and local governments
                                           Housing Act, the Secretary has the                        FHA’s regulations regarding Secretarial               and is not required by statute or (ii)
                                           discretion to pay insurance claims in                     discretion of the type of FHA insurance               preempts State law, unless the agency
                                           either cash or debentures.1 HUD                           claim payment are to eliminate                        meets the consultation and funding
                                           pursued this proposed rule because                        unnecessary spending and to bring                     requirements of section 6 of the
                                           some of FHA’s regulations provided                        consistency regarding the payment of                  Executive order. This final rule does not
                                           mortgagees with the ability to request                    insurance claims across FHA programs.                 have federalism implications and does
                                           and receive payment of an insurance                       As discussed in the preamble, the                     not impose substantial direct
                                           claim on a loan insured under the                         interagency agreement with Treasury                   compliance costs on State and local
                                           National Housing Act in debentures. As                    costs HUD over $206,000 per year, even                governments or preempt State law
                                           a result of these regulations, HUD was                    though HUD currently does not have                    within the meaning of the Executive
                                           required to maintain an interagency                       any debentures for payment of FHA                     order.
                                           agreement with the United States                          insurance claims in circulation, and has
                                                                                                     not made a payment in debentures in                   Unfunded Mandates Reform Act
                                           Department of the Treasury (Treasury),
                                           which is the agency responsible for                       approximately 5 years for these                         Title II of the Unfunded Mandates
                                           issuing and servicing debentures,                         insurance claims. In addition, different              Reform Act of 1995 (2 U.S.C. 1531–
                                           costing HUD over $206,000 per year,                       FHA programs treat payment of FHA                     1538) (UMRA) establishes requirements
                                           despite the fact that there are no current                insurance claims differently, and this                for Federal agencies to assess the effects
                                           debentures being serviced by Treasury                     final rule simplifies the regulations so              of their regulatory actions on State,
                                           for HUD, and HUD has not paid an FHA                      that the authority to determine the                   local, and tribal governments and on the
                                           insurance claim in debentures in                          method of claim payment rests with the                private sector. This final rule does not
                                           approximately 5 years.                                    Secretary who can determine whether it                impose any Federal mandates on any
                                                                                                     is fiscally prudent to offer FHA                      State, local, or tribal governments or on
                                              The February 20, 2015, rule proposed
                                                                                                     insurance claim payments in                           the private sector, within the meaning of
                                           amending FHA’s regulations to bring
                                                                                                     debentures, cash, or both.                            the UMRA.
                                           uniformity and consistency in the
                                           payment of FHA insurance claims                           Regulatory Flexibility Act                            Paperwork Reduction Act
                                           among FHA programs in the following                          The Regulatory Flexibility Act (RFA)
                                           sections: §§ 203.400, 203.476, 203.478,                                                                           This final rule reduces information
                                                                                                     (5 U.S.C. 601 et seq.) generally requires             collection requirements already
                                           207.259, 220.751, 220.760, 220.822,                       an agency to conduct a regulatory
                                           221.762, 232.885, 236.265, 241.261,                                                                             submitted to the Office of Management
                                                                                                     flexibility analysis of any rule subject to           and Budget (OMB) under the Paperwork
                                           241.885, and 241.1205. As a result of                     notice and comment rulemaking
                                           these changes, § 220.760 was proposed                                                                           Reduction Act of 1995 (44 U.S.C. 3501–
                                                                                                     requirements, unless the agency certifies             3520). In accordance with the
                                           to be removed because it was                              that the rule will not have a significant
                                           unnecessary. Please see the February 20,                                                                        Paperwork Reduction Act, an agency
                                                                                                     economic impact on a substantial                      may not conduct or sponsor, and a
                                           2015, proposed rule for a more detailed                   number of small entities. This final rule
                                           description of the proposed changes.                                                                            person is not required to respond to, a
                                                                                                     only changes the party which has the                  collection of information unless the
                                           II. This Final Rule                                       authority to determine the method of                  collection displays a currently valid
                                                                                                     payment of FHA single family,                         OMB control number.
                                             The public comment period for the                       multifamily, and healthcare insurance
                                           proposed rule closed on April 21, 2015,                   claims. Accordingly, the undersigned                  Catalog of Federal Domestic Assistance
                                           and HUD did not receive any public                        certifies that this final rule will not have            The Catalog of Federal Domestic
                                           comments. As a result, this final rule                    a significant economic impact on a                    Assistance number for Mortgage
                                           adopts the proposed rule without                          substantial number of small entities.                 Insurance-Homes is 14.117; Mortgage
                                           change.                                                                                                         Insurance Nursing Homes, Intermediate
                                                                                                     Environmental Impact
                                           III. Findings and Certifications                                                                                Care Facilities, Board and Care Homes,
                                                                                                        This final rule does not direct,                   and Assisted Living Facilities is 14.129;
                                           Regulatory Review—Executive Order                         provide for assistance or loan and                    Mortgage Insurance-Rental Housing is
                                           13563                                                     mortgage insurance for, or otherwise                  14.134; and Mortgage Insurance for the
                                                                                                     govern or regulate the following: real                Purchase or Refinancing of Existing
                                             Executive Order 13563 (Improving                        property acquisition, disposition,
                                           Regulations and Regulatory Review)                                                                              Multifamily Housing Projects is 14.155.
                                                                                                     leasing, rehabilitation, alteration,
                                           directs executive agencies to analyze                     demolition, or new construction.                      List of Subjects
                                           regulations that are ‘‘outmoded,                          Furthermore, the rule does not establish,
                                           ineffective, insufficient, or excessively                                                                       24 CFR Part 203
                                                                                                     revise, or provide for standards for
                                           burdensome, and to modify, streamline,                    construction or construction materials,                 Hawaiian Natives, Home
                                           expand, or repeal them in accordance                      manufactured housing, or occupancy.                   improvement, Indians—lands, Loan
                                           with what has been learned.’’ Executive                   Accordingly, under 24 CFR 50.19(c)(1),                programs—housing and community
                                           Order 13563 also directs that, where                      this final rule is categorically excluded             development; Mortgage insurance;
                                           relevant, feasible, and consistent with                   from environmental review under the                   Reporting and recordkeeping
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                                           regulatory objectives, and to the extent                  National Environmental Policy Act of                  requirements; Solar energy.
                                           permitted by law, agencies are to                         1969 (42 U.S.C. 4321).
                                           identify and consider regulatory                                                                                24 CFR Part 207
                                           approaches that reduce burdens and                        Executive Order 13132, Federalism                       Manufactured homes, Mortgage
                                                                                                        Executive Order 13132 (entitled                    insurance, Reporting and recordkeeping
                                             1 12   U.S.C. 1735d.                                    ‘‘Federalism’’) prohibits an agency from              requirements, Solar energy.


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                                           51468             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations

                                           24 CFR Part 220                                           (g) All property of the borrower held               mortgages insured under section 207 of
                                             Home improvement, Loan programs—                      by the lender or to which it is entitled              the National Housing Act, apply with
                                           housing and community development,                      and, if the Commissioner elects to make               full force and effect to multifamily
                                                                                                   payments in debentures, all cash held                 project mortgages insured under section
                                           Mortgage insurance, Reporting and
                                                                                                   by the lender or to which it is entitled,             220 of the National Housing Act, except
                                           recordkeeping requirements, Urban
                                                                                                   including deposits made for the account               § 207.256b Modification of mortgage
                                           renewal.
                                                                                                   of the borrower and which have not                    terms.
                                           24 CFR Part 221                                         been applied in reduction of the                      *      *    *     *     *
                                             Low and moderate income housing,                      principal loan indebtedness;
                                                                                                                                                         § 220.760   [Removed]
                                           Mortgage insurance, Reporting and                       *     *     *    *     *
                                           recordkeeping requirements.                             ■ 4. Revise § 203.478(c) to read as                   ■   9. Remove § 220.760.
                                                                                                   follows:                                              § 220.822   [Amended]
                                           24 CFR Part 232
                                             Fire prevention, Health facilities,                   § 203.478    Payment of insurance benefits.           ■ 10. In § 220.822 remove and reserve
                                           Loan programs—health, Loan                              *     *    *     *     *                              paragraph (b).
                                           programs—housing and community                            (c) Method of payment. Payment of an
                                                                                                   insurance claim shall be made in cash,                PART 221—LOW COST AND
                                           development, Mortgage insurance,                                                                              MODERATE INCOME MORTGAGE
                                           Nursing homes, Reporting and                            in debentures, or in a combination of
                                                                                                   both, as determined by the                            INSURANCE—SAVINGS CLAUSE
                                           recordkeeping requirements.
                                                                                                   Commissioner either at, or prior to, the              ■  11. The authority citation for part 221
                                           24 CFR Part 236                                         time of payment.                                      is revised to read as follows:
                                             Grant programs—housing and                            *     *    *     *     *                                Authority: 12 U.S.C. 1715b, 1715l, and
                                           community development, Low and                                                                                1735d; 42 U.S.C. 3535(d).
                                           moderate income housing, Mortgage                       PART 207—MULTIFAMILY HOUSING
                                           insurance, Rent subsidies, Reporting                    MORTGAGE INSURANCE                                    § 221.762   [Amended]
                                           and recordkeeping requirements.                                                                               ■ 12. In § 221.762 remove and reserve
                                                                                                   ■  5. The authority citation for part 207
                                           24 CFR Part 241                                         is revised to read as follows:                        paragraph (a).
                                             Home improvement, Loan programs—                        Authority: 12 U.S.C. 1701z–11(e),                   PART 232—MORTGAGE INSURANCE
                                           housing and community development,                      1709(c)(1), 1713, 1715(b), and 1735d; 42              FOR NURSING HOMES,
                                           Mortgage insurance, Reporting and                       U.S.C. 3535(d).                                       INTERMEDIATE CARE FACILITIES,
                                           recordkeeping requirements, Solar                       ■ 6. Amend § 207.259 by revising                      BOARD AND CARE HOMES, AND
                                           energy.                                                 paragraph (a), to read as follows:                    ASSISTED LIVING FACILITIES
                                             Accordingly, for the reasons stated
                                           above, HUD amends 24 CFR parts 203,                     § 207.259    Insurance Benefits.                      ■  13. The authority citation for part 232
                                           207, 220, 221, 232, 236, and 241 as                       (a) Method of payment. (1) Upon                     is revised to read as follows:
                                           follows:                                                either an assignment of the mortgage to                 Authority: 12 U.S.C. 1715b, 1715w, 1735d,
                                                                                                   the Commissioner or a conveyance of                   and 1735f–19; 42 U.S.C. 3535(d).
                                           PART 203—SINGLE FAMILY                                  the property to the Commissioner in                   ■ 14. Revise § 232.885(a) to read as
                                           MORTGAGE INSURANCE                                      accordance with requirements in                       follows:
                                                                                                   § 207.258, payment of an insurance
                                           ■  1. The authority citation for part 203               claim shall be made in cash, in                       § 232.885   Insurance benefits.
                                           is revised to read as follows:                          debentures, or in a combination of both,                (a) Method of payment. Payment of an
                                             Authority: 12 U.S.C. 1709, 1710, 1715b,               as determined by the Commissioner                     insurance claim shall be made in cash,
                                           1715z–16, 1715u, 1717z–21, and 1735d; 15                either at, or prior to, the time of                   in debentures, or in a combination of
                                           U.S.C. 1639c; 42 U.S.C. 3535(d).                        payment.                                              both, as determined by the
                                           ■   2. Revise § 203.400 to read as follows:                (2) An insurance claim paid on a                   Commissioner either at, or prior to, the
                                                                                                   mortgage insured under section 223(e)                 time of payment.
                                           § 203.400   Method of payment.                          of the National Housing Act shall be                  *     *    *     *     *
                                             (a) If the application for insurance                  paid in cash from the Special Risk
                                           benefits is acceptable to the                           Insurance Fund.                                       PART 236—MORTGAGE INSURANCE
                                           Commissioner, payment of the                            *      *    *     *      *                            AND INTEREST REDUCTION
                                           insurance claim shall be made in cash,                                                                        PAYMENT FOR RENTAL PROJECTS
                                           in debentures, or in a combination of                   PART 220—MORTGAGE INSURANCE
                                                                                                   AND INSURED IMPROVEMENT LOANS                         ■  15. The authority citation for part 236
                                           both, as determined by the                                                                                    is revised to read as follows:
                                           Commissioner either at, or prior to, the                FOR URBAN RENEWAL AND
                                           time of payment.                                        CONCENTRATED DEVELOPMENT                                Authority: 12 U.S.C. 1715b, 1715z–1, and
                                                                                                                                                         1735d; 42 U.S.C. 3535(d).
                                             (b) An insurance claim paid on a
                                           mortgage insured under section 223(e)                   ■  7. The authority citation for part 220
                                                                                                                                                         § 236.265   [Amended]
                                           of the National Housing Act shall be                    is revised to read as follows:
                                                                                                     Authority: 12 U.S.C. 1713, 1715b, 1715k,
                                                                                                                                                         ■ 16. In § 236.265, remove and reserve
                                           paid in cash from the Special Risk                                                                            paragraph (a).
                                           Insurance Fund.                                         and 1735d; 42 U.S.C. 3535(d).
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                                           ■ 3. Revise § 203.476(g) to read as                     ■ 8. Revise § 220.751(a) to read as                   PART 241—SUPPLEMENTARY
                                           follows:                                                follows:                                              FINANCING FOR INSURED PROJECT
                                                                                                                                                         MORTGAGES
                                           § 203.476   Claim application and items to              § 220.751    Cross-reference.
                                           be filed.                                                 (a) All of the provisions of subpart B,             ■  17. The authority citation for part 241
                                           *      *     *       *      *                           part 207, of this chapter, covering                   is revised to read as follows:


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                                                               Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations                                              51469

                                             Authority: 12 U.S.C. 1715b, 1715z–6, and                DATES:  This deviation is effective from              schedule for the bridge so that vessels
                                           1735d; 42 U.S.C. 3535(d).                                 6:30 a.m. to 11 a.m. on October 17,                   can arrange their transits to minimize
                                           ■ 18. Revise § 241.261 to read as                         2015.                                                 any impacts caused by the temporary
                                           follows:                                                  ADDRESSES: The docket for this                        deviation.
                                                                                                     deviation, [USCG–2015–0722], is                          In accordance with 33 CFR 117.35(e),
                                           § 241.261    Payment of insurance benefits.                                                                     the drawbridge must return to its regular
                                                                                                     available at http://www.regulations.gov.
                                             All of the provisions of § 207.259 of                   Type the docket number in the                         operating schedule immediately at the
                                           this chapter relating to insurance                        ‘‘SEARCH’’ box and click ‘‘SEARCH’’.                  end of the effective period of this
                                           benefits shall apply to multifamily loans                 Click on Open Docket Folder on the line               temporary deviation. This deviation
                                           insured under this subpart.                               associated with this deviation. You may               from the operating regulations is
                                           ■ 19. Revise § 241.885(a) to read as                      also visit the Docket Management                      authorized under 33 CFR 117.35.
                                           follows:                                                  Facility in Room W12–140 on the                         Dated: August 19, 2015.
                                           § 241.885    Insurance benefits.                          ground floor of the Department of                     Hal R. Pitts,
                                                                                                     Transportation West Building, 1200                    Bridge Program Manager, Fifth Coast Guard
                                             (a) Method of payment. Payment of
                                                                                                     New Jersey Avenue SE., Washington,                    District.
                                           insurance claims shall be made in cash,
                                                                                                     DC 20590, between 9 a.m. and 5 p.m.,                  [FR Doc. 2015–20912 Filed 8–24–15; 8:45 am]
                                           in debentures, or in a combination of
                                                                                                     Monday through Friday, except Federal
                                           both, as determined by the                                                                                      BILLING CODE 9110–04–P
                                                                                                     holidays.
                                           Commissioner either at, or prior to, the
                                                                                                     FOR FURTHER INFORMATION CONTACT: If
                                           time of payment.
                                                                                                     you have questions on this temporary                  DEPARTMENT OF HOMELAND
                                           *     *    *     *     *                                  deviation, call or email Mr. Hal R. Pitts,            SECURITY
                                           ■ 20. Revise § 241.1205 to read as                        Bridge Administration Branch Fifth
                                           follows:                                                  District, Coast Guard; telephone (757)                Coast Guard
                                           § 241.1205       Payment of insurance benefits.           398–6222, email Hal.R.Pitts@uscg.mil. If
                                                                                                     you have questions on viewing the                     33 CFR Part 117
                                             All the provisions of § 207.259 of this
                                                                                                     docket, call Cheryl Collins, Program                  [Docket No. USCG–2015–0723]
                                           chapter relating to insurance benefits
                                                                                                     Manager, Docket Operations, telephone
                                           shall apply to an equity or acquisition
                                                                                                     202–366–9826.                                         Drawbridge Operation Regulations;
                                           loan insured under subpart F of this
                                           part.                                                     SUPPLEMENTARY INFORMATION: The North                  Northeast Cape Fear River,
                                                                                                     Carolina Department of Transportation,                Wilmington, NC
                                             Dated: August 12, 2015.                                 who owns and operates the S. R. 74
                                           Edward L. Golding,                                                                                              AGENCY: Coast Guard, DHS.
                                                                                                     Bridge, has requested a temporary
                                           Principal Deputy, Assistant Secretary for                 deviation from the current operating                  ACTION:Notice of deviation from
                                           Housing.                                                  regulations set out in 33 CFR                         drawbridge regulation.
                                             Approved: August 12, 2015.                              117.821(a)(4), to facilitate the annual               SUMMARY:    The Coast Guard has issued a
                                           Nani A. Coloretti,                                        Beach2Battleship Iron and Half-Iron                   temporary deviation from the operating
                                           Deputy Secretary.                                         Distance Triathlons.                                  schedule that governs the Isabel S.
                                           [FR Doc. 2015–20827 Filed 8–24–15; 8:45 am]                  Under the normal operating schedule                Holmes Bridge across the Northeast
                                           BILLING CODE 4210–67–P
                                                                                                     for the S. R. 74 Bridge across the                    Cape Fear River, mile 1.0, at
                                                                                                     Atlantic Intracoastal Waterway, mile                  Wilmington, NC. This deviation is
                                                                                                     283.1, at Wrightsville Beach, NC in 33                necessary to facilitate the annual
                                                                                                     CFR 117.821(a)(4); the draw need only                 Beach2Battleship Iron and Half-Iron
                                           DEPARTMENT OF HOMELAND
                                                                                                     open on the hour between 7 a.m. and 7                 Distance Triathlons. This deviation
                                           SECURITY
                                                                                                     p.m. and open on demand between 7                     allows the bridge to remain in the
                                           Coast Guard                                               p.m. and 7 a.m. The bridge has a vertical             closed-to-navigation position.
                                                                                                     clearance in the closed-to-navigation
                                                                                                                                                           DATES: This deviation is effective from
                                           33 CFR Part 117                                           position of 20 feet above mean high
                                                                                                                                                           9:30 a.m. to 6 p.m. on October 17, 2015.
                                                                                                     water.
                                           [Docket No. USCG–2015–0722]                                  Under this temporary deviation, the                ADDRESSES: The docket for this
                                                                                                     bridge will be closed to navigation from              deviation, [USCG–2015–0723], is
                                           Drawbridge Operation Regulations;                         6:30 a.m. to 11 a.m. on October 17,                   available at http://www.regulations.gov.
                                           Atlantic Intracoastal Waterway,                           2015. The Atlantic Intracoastal                       Type the docket number in the
                                           Wrightsville Beach, NC                                    Waterway is used by a variety of vessels              ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
                                           AGENCY: Coast Guard, DHS.                                 including small commercial fishing                    Click on Open Docket Folder on the line
                                                                                                     vessels and recreational vessels. The                 associated with this deviation. You may
                                           ACTION:Notice of deviation from
                                                                                                     Coast Guard has carefully coordinated                 also visit the Docket Management
                                           drawbridge regulation.
                                                                                                     the restrictions with commercial and                  Facility in Room W12–140 on the
                                           SUMMARY:    The Coast Guard has issued a                  recreational waterway users.                          ground floor of the Department of
                                           temporary deviation from the operating                       Vessels able to pass through the                   Transportation West Building, 1200
                                           schedule that governs the S. R. 74                        bridge in the closed position may do so               New Jersey Avenue SE., Washington,
                                           Bridge across the Atlantic Intracoastal                   at anytime. The bridge will be able to                DC 20590, between 9 a.m. and 5 p.m.,
                                           Waterway, mile 283.1, at Wrightsville                     open for emergencies and there is no                  Monday through Friday, except Federal
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                                           Beach, NC. This deviation is necessary                    alternate route for vessels unable to pass            holidays.
                                           to facilitate the annual Beach2Battleship                 through the bridge in the closed                      FOR FURTHER INFORMATION CONTACT: If
                                           Iron and Half-Iron Distance Triathlons.                   position. The Coast Guard will also                   you have questions on this temporary
                                           This deviation allows the bridge to                       inform the users of the waterways                     deviation, call or email Mr. Hal R. Pitts,
                                           remain in the closed-to-navigation                        through our Local and Broadcast Notice                Bridge Administration Branch Fifth
                                           position.                                                 to Mariners of the change in operating                District, Coast Guard; telephone (757)


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Document Created: 2018-02-23 11:02:48
Document Modified: 2018-02-23 11:02:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective Date: September 24, 2015.
ContactFor information about: HUD's Single Family Housing program, contact Ivery Himes, Director, Office of Single Family Asset Management, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 9172, Washington, DC 20410; telephone number 202-708-1672; HUD's Multifamily Housing program, contact Sivert Ritchie, Multifamily Claims Branch, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6252, Washington, DC 20410-8000; telephone number 202-708-2510. The telephone numbers listed above are not toll-free numbers. Persons with hearing or speech impairments may access these numbers through TTY by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number).
FR Citation80 FR 51466 
RIN Number2502-AJ26
CFR Citation24 CFR 203
24 CFR 207
24 CFR 220
24 CFR 221
24 CFR 232
24 CFR 236
24 CFR 241
CFR AssociatedHawaiian Natives; Home Improvement; Indians-Lands; Loan Programs-Housing and Community Development; Mortgage Insurance; Reporting and Recordkeeping Requirements; Solar Energy; Manufactured Homes; Mortgage Insurance; Reporting and Recordkeeping Requirements; Solar Energy; Loan Programs-Housing and Community Development; Urban Renewal; Low and Moderate Income Housing; Fire Prevention; Health Facilities; Loan Programs-Health; Nursing Homes; Grant Programs-Housing and Community Development and Rent Subsidies

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