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Federal Register / Vol. 54, No. 40 / Thursday, March 2. 1989 / Rules and Regulations <br />0027 <br />clarifying language in Appendix A for non- <br />profit organizations Crested under this <br />section. <br />Section 24:401 <br />Replacement housing payment for 90 -day <br />homeowner -occupants. <br />Section 24.401(0)(2) <br />A statement has been added to clarify the <br />phrase "for good cause.* <br />Section 24.101(d) <br />The computation of a "buydown" payment. <br />the tactors used is oomputatioa. and the <br />agency's obligation to the displaced person <br />are explained. Even though one commenter <br />suggested that adjustment of the buydown <br />payment. when a displaced person elects to <br />mortose the replacement dwelling for lest <br />than <br />the <br />diet t dpenalizes dise <br />t� on <br />displaced person tor snaking a larger <br />downpayment. are are retaining this <br />providon. In addition. we have accepted a <br />recommendation that the mortgage with the <br />shortest term be used to compute the <br />payment. MYNA bu amended the <br />procedures to reflect this allotment. <br />The FHWA is interested in your Ctperiemos <br />with this new procedure for computing the <br />mortgage interest differential payment. <br />Appear/tall c B to Part 21-Stafft Report <br />Fenn <br />The reformatted stitistical report form <br />iadudes t new tine Item for tepoetiag <br />payments for the statutory business <br />reettablialemeot expense entitlement (9es <br />line 7A). Several comments ware received <br />regarding the information required in Part 8. <br />column (A). More accurate statistical <br />analyses can be obtained by changing the <br />requirement for column (A) to displacement' <br />instead of number of claims nine a displaced <br />person may receive more than one claim In <br />several categories -The heading for column <br />(Al hu been changed to number of <br />displacements, <br />As required by Section 1320.21 of OMB's <br />new paperwork clearance regulation that was <br />published in the Federal Register on May 10. <br />1988, we have included an agency disclosure <br />notice for public reporting on the <br />STATISTICAL REPORT FORM. <br />A request was received from HUD to add <br />new items to the statistical report foray to <br />collect race. sex. ethnicity. handicap and <br />familial status data. These items were not <br />included in the report form presented in the <br />NPRM M therefore. FHWA doss not have <br />the benefit of public comment on what. if <br />any. paperwork burden such additional <br />information collection would have oe <br />agendas or persons carrying out acquisition <br />or displacement activities. Therefor& the <br />report form format tansies unchanged at this <br />time except for the minor alteration referred <br />to above. <br />Regulatory bnpact <br />The FHWA has determined that this <br />action does not constitute a major rule <br />under Executive Order 12291 or a - <br />signif3cant lute nndar the seratlatory <br />polldes Alba <br />Department of Transportation. <br />Executive Order 12291 requires that a <br />regulatory Impact analysts be prepared <br />for "major" rules which are defined in <br />the Order es any rule that has an annual <br />effect on the national economy of $100 <br />million or more, or has certain other <br />specified effects. <br />The economic impacts of this final <br />rule are primarily mandated by the <br />provisions of the 1987 Amendments. <br />However, since some of the statutory <br />changes are administrative or <br />procedural. savings to Federal. State. <br />and local agencies should result In the <br />administrations of the Uniform Act. <br />Other statutory changes. which alter <br />benefit levels. and expand the Acte <br />application to include cereals private <br />persons who receive Found f10enctal <br />assistance. and persons displaced by <br />eertein uonacquisition activities. should <br />result in a modest increase in amounts <br />paid under the Uniform Act. <br />However. we do not believe that the <br />proposed regulations will have an <br />annual economic effect of 8100 million <br />or more. or the other effects listed in the <br />Executive Order.. For this reason. FHWA <br />has determined that this regulation is <br />not a major rule within the meaning of <br />the Order. <br />Federal agendas administering direct <br />Federal activities, as well air many <br />states,currently have the necessary <br />authority to comply with the additional <br />provtatons of the 1987 Amendments <br />implemented la this rule. To delay the <br />promulgation of the amendments made <br />in this rule would deprive many parties <br />of the protections and benefits intended <br />by those provisions of the 1987 <br />Amendments. Accordingly. the FHWA <br />finds good cause to make this regulation <br />effective without the 30 -day delay in <br />effective date under the Administrative <br />Procedures Act. 5 U.S.C. 553(b). <br />Regulatory Flexibility Ad <br />The Regulatory Flexibility Act (5 <br />1J.f3.C. 905(b)) requires that for each rule <br />with a "significant economic impact on <br />a substantial number of small entities" <br />an analysis be prepared describing the <br />rules impact on small entities, and <br />Identifying any significant alternatives <br />to the rule that would minimise the <br />economic trnpacts on small entities. <br />The provisions of the Uniform Act <br />that are implemented In this final rule <br />have not changed substantially. The <br />primary Impact of the 3987 Amendments <br />is expected to be an increase in benefits <br />provided to small businesses. the <br />elimination of unaecesuary <br />administrative requirements Imposed on <br />State and local agencies. and the <br />consequent reduction of burden on thea <br />affected entities, and the expansion of <br />the Act's application to those private <br />entities that seek and receive Federal <br />financial assistance. <br />in response to comments received <br />from rural electric cooperatives FHWA <br />has considered the impact that this rule <br />would have on such cooperatives. <br />Primarily for the reasons provided <br />elsewhere in the preamble we have <br />concluded that this regulation would not <br />have a significant economic Impact on a <br />substantial number of small electric <br />cooperatives. <br />Eased on information available to <br />FHWA at this time and under the <br />criteria of the Regulatory Flexibility Act. <br />rice FHWA hereby certifies that this <br />regulation will not have a significant <br />economic impact on a substantial <br />number of small entities. <br />Paperwoeic Reduction Ad Rogdrea bs <br />Today's final rule makes one change <br />to the Unifarrm Ad Report form. which i. <br />contained is Appendix 11 of Part 24. A <br />new item, TA, fe added to obtain <br />information relating to the new business <br />reestablishment payment added by the <br />1987 Amendments. Several minor <br />edi»@;r:: changes have also been tsaade <br />in this form. Federal funding agendes <br />which elect to require a mart an <br />Uniform Act activities will submit the. <br />revised form to the Office of <br />Management and Budget (0110) for... <br />review under 44 U.S.C. 3504(h). the <br />Paperwork Reduction Act. Pub. L. 90- <br />511. Agencies may continue to use the <br />previous report form until 0118 <br />approval is granted. <br />Federalist' Assessment <br />As discussed in the Supplementary <br />Information sections of this preamble. <br />dile final rule builds upon the positive <br />Federalism accomplishments achieved <br />in the promulgation of the <br />governmentwide common rule on <br />February 27. 1988 (51 Flt 7000) which <br />significantly reduced administrative <br />burdens on States and local redpients of <br />Federal financial assistance -The FHWA <br />has determined that the Federalism <br />accomplishments of the common rule <br />are retained in today's tole and the <br />changes which have been made are fully <br />consistent with the principles and <br />criteria contained In Executive Order <br />12912 and do not have sufi3dent further <br />Federalism implications to warrant the <br />preparation of a complete Federalism <br />Assessment. <br />'Phis final rule Implements a provision <br />of the 1987 Amendments that gives <br />substantial additional discretion to the <br />States. This is the taertijtcatiott <br />procedure which provides an alternative <br />whereby State agendas. with adequate <br />