[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1824-1825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-832]
[[Page 1823]]
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Part III
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
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24 CFR Part 92
HOME Investment Partnerships Program; Interim Rule
Federal Register / Vol. 61, No. 15 / Tuesday, January 23, 1996 /
Rules and Regulations
[[Page 1824]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 92
[Docket No. FR-3836-I-02]
RIN 2501-AB94
HOME Investment Partnerships Program
AGENCY: Office of the Secretary, HUD.
ACTION: Interim rule.
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SUMMARY: This interim rule amends the existing interim rule for the
HOME Investment Partnerships Program by implementing a change in the
operation of the HOME formula to maximize the number of units of
general local government which receive an initial allocation of HOME
funds.
EFFECTIVE DATE: February 22, 1996.
FOR FURTHER INFORMATION CONTACT: Mary Kolesar, Director, Program Policy
Division, Office of Affordable Housing Programs, 451 Seventh Street,
S.W., Washington, D.C. 20410, telephone (202) 708-2470, TDD (202) 708-
2565. (These are not toll-free numbers.)
SUPPLEMENTARY INFORMATION:
I. Paperwork Reduction Act Statement
The information collection requirements for the HOME Program have
been approved by the Office of Management and Budget in accordance with
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), and assigned
OMB control number 2501-0013. This interim rule does not contain
additional information requirements. 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 valid control number.
II. Background
On July 12, 1995 (60 FR 36012), the Department published a proposed
rule to make a change in the operation of the HOME formula. It was
proposed that Section 92.50(d)(3) would be revised to maximize the
number of units of general local government which receive an initial
allocation of HOME funds.
Formerly, units of general local government, after an initial
distribution of funds available for allocation, were eliminated at
$250,000 and below from the pool of eligible jurisdictions and their
allocations were redistributed among other units of general local
government. This redistribution technique continued until 95% of the
funds had been distributed among units of general local government that
received $500,000 or more. The new method would drop only one
jurisdiction on each recalculation, and redistribute funds to all
others, thus assuring that the maximum number of units of general local
government receive an allocation.
The Department received 9 comments on this section of the proposed
rule.
On the formula redistribution technique to maximize the number of
participating jurisdictions, seven commenters favored the change while
two did not. One of the two commenters felt that additional performance
criteria should be added to the formula calculations rewarding good
performance.
The Department agrees with the majority of comments received that
maximizing the number of participating jurisdictions which receive the
minimum allocation is a positive change. With respect to the comment
suggesting additional performance criteria, adding such criteria
without further public comment would not be appropriate. Therefore, the
Department is revising the formula technique as proposed in the July
12, 1995 rule. This rule is being published as an interim rule and not
as a final rule because the HOME program regulation at 24 CFR part 92
has not yet been issued as a final rule.
III. Findings and Certifications
Environmental Review
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50,
which implement section 102(2)(C) of the National Environmental Policy
Act of 1969. The Finding of No Significant Impact is available for
public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the
Office of the Rules Docket Clerk.
Regulatory Planning and Review
This interim rule has been reviewed in accordance with Executive
Order 12866, issued by the President on September 30, 1993 (58 FR
51735, October 4, 1993). Any changes to the rule resulting from this
review are available for public inspection between 7:30 a.m. and 5:30
p.m. weekdays in the Office of the Rules Docket Clerk.
Impact on Small Entities
In accordance with the Regulatory Flexibility Act (5 U.S.C.
605(b)), the undersigned hereby certifies that this interim rule does
not have a significant economic impact on a substantial number of small
entities, because jurisdictions that are statutorily eligible to
receive formula allocations are relatively larger cities, counties or
States.
Federalism Impact
The General Counsel has determined, as the Designated Official for
HUD under section 6(a) of Executive Order 12612, Federalism, that this
interim rule does not have federalism implications concerning the
division of local, State, and federal responsibilities. While the HOME
Program interim rule amended by this interim rule was determined to be
a rule with federalism implications and the Department submitted a
Federalism Assessment concerning the interim rule to OMB, this rule
would only make a limited adjustment to the interim rule and does not
significantly affect any of the factors considered in the Federalism
Assessment for the interim rule.
Impact on the Family
The General Counsel, as the designated official under Executive
Order 12606, The Family, has determined that this interim rule would
have an indirect, though beneficial, impact on family formation,
maintenance, and general well-being. As such, it is not subject to
further review under the Order.
The Catalog of Federal Domestic Assistance Number for the HOME
Program is 14.239.
List of Subjects in 24 CFR Part 92
Administrative practice and procedure, Grant programs--housing and
community development, Grant programs--Indians, Indians, Low and
moderate income housing, Manufactured homes, Rent subsidies, Reporting
and recordkeeping requirements.
Accordingly, the Department amends part 92 of title 24 of the Code
of Federal Regulations as follows:
PART 92--HOME INVESTMENT PARTNERSHIPS PROGRAM
1. The authority citation for part 92 continues to read as follows:
Authority: 42 U.S.C. 3535(d) and 12701-12839.
2. In Sec. 92.50, paragraph (d)(3) is revised to read as follows:
Sec. 92.50 Formula allocation.
* * * * *
(d) * * *
(3) To determine the maximum number of units of general local
government that receive a formula
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allocation, only one jurisdiction (the unit of general local government
with the smallest allocation of HOME funds) is dropped from the pool of
eligible jurisdictions on each successive recalculation. Then the
amount of funds available for units of general local government is
redistributed to all others. This recalculation/redistribution
continues until all remaining units of general local government receive
an allocation of $500,000 or more.
* * * * *
Dated: December 7, 1995.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-832 Filed 1-22-96; 8:45 am]
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