[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Rules and Regulations]
[Pages 28325-28326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13221]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Fair Housing and Equal
Opportunity
24 CFR Part 135
[Docket No. R-95-1677; FR-2898-F-03]
RIN 2529-AA49
Economic Opportunities for Low- and Very Low-Income Persons;
Notice of Extension of Effective Date for Interim Rule
AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Final rule; Extension of effective period of interim rule.
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SUMMARY: This rule extends the effective period for HUD's interim rule
that amended part 135 to implement the comprehensive changes made to
section 3 of the Housing and Urban Development Act of 1968 by the
Housing and Community Development Act of 1992, until HUD publishes the
final rule for this program.
EFFECTIVE DATE: This rule, which extends the effective period of the
interim rule, is effective June 30, 1995.
The effective period for 24 CFR part 135 is extended from June 30,
1995 until the final rule implementing the comprehensive changes made
to section 3 of the Housing and Urban Development Act of 1968 by the
Housing and Community Development Act of 1992, is published and becomes
effective.
FOR FURTHER INFORMATION CONTACT: John Waller, Office of Economic
Opportunity, Room 5232, Department of Housing and Urban Development,
451 Seventh Street, SW, Washington, DC 20410, telephone (202) 708-2251
(voice/TDD). (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION:
I. Justification for Final Rulemaking
In general, HUD publishes a rule for public comment before issuing
a rule for effect, in accordance with its own regulations on
rulemaking, 24 CFR part 10. However, part 10 provides for exceptions
from that general rule where the agency finds good cause to omit
advance notice and public participation. The good cause requirement is
satisfied when prior public procedure is ``impracticable, unnecessary,
or contrary to the public interest'' (24 CFR 10.1). HUD finds that good
cause exists to publish this rule for effect without first soliciting
public comment, because prior public procedure is unnecessary. This
final rule is technical, in that it merely extends the effective period
for existing regulations, and it effects no substantive change to those
regulations. The public has had an opportunity to comment on the
substance of the regulations, as the interim rule for this program was
published subject to the normal 60-day public comment period, and the
interim rule was preceded by a proposed rule which also provided a 60-
day public comment period.
II. Background
On June 30, 1994 (59 FR 33866), HUD published an interim rule that
amended 24 CFR part 135 to implement comprehensive changes made to
section 3 of the Housing and Urban Development Act of 1968 by the
Housing and Community Development Act of 1992. Section 3, as amended,
requires that economic opportunities generated by certain HUD financial
assistance for housing (including public and Indian housing) and
community development programs shall, to the greatest extent feasible,
be given to low- and very low-income persons, particularly those who
are recipients of government assistance for housing, and to businesses
that provide economic opportunities for these persons.
The preamble to the interim rule described HUD's policy of setting
an expiration date for an interim rule that is effective unless a final
rule is published before that date. This ``sunset'' provision appears
in Sec. 135.2 of the interim rule, and provides that the interim rule
will expire on June 30, 1995, which is 12 months after the publication
date.
The final rule amending 24 CFR part 135 to implement the
comprehensive changes made to section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u), by the Housing and Community
Development Act of 1992, is in its last stages of review, and
publication is anticipated in June 1995. However, in order to prevent a
period in which the Department will be without effective regulations,
HUD is extending the effective period of the interim rule
[[Page 28326]] until the final rule is published and becomes effective.
III. Other Matters
National Environmental Policy Act
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50
implementing section 102(2)(C) of the National Environmental Policy Act
of 1969, 42 U.S.C. 4332. The Finding of No Significant Impact is
available for public inspection and copying between 7:30 a.m. and 5:30
p.m. weekdays at the Office of Rules Docket Clerk, 451 Seventh Street,
SW, room 10276, Washington, DC 20410-0500.
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this rule before publication and by
approving it certifies that the rule will not have a significant
economic impact on a substantial number of small entities. The rule
merely extends the effective period for the interim rule.
Executive Order 12606, The Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that the rule may have the
potential to promote family formation, maintenance, and general well-
being. If the revised part 135 regulations, implemented by this rule,
contribute to successful implementation of section 3, an increased
number of low-income persons will be employed which may promote family
unification and general well-being. Since the impact of this rule is
anticipated to be beneficial, no further review under the Order is
necessary.
Executive Order 12611, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12611, Federalism, has determined that the rule will
not have a substantial, direct effect on the States or on the
relationship between the Federal government and the States, or on the
distribution of power or responsibilities among the various levels of
government. The rule provides, consistent with section 3, that the
preference requirements of section 3 are to be carried out consistent
with existing Federal, State, and local laws and regulations.
Semiannual Agenda of Regulations
The rule implementing this program was listed as sequence number
1511 in the HUD's Semiannual Agenda of Regulations published on May 8,
1995 (60 FR 23368, 23399) under Executive Order 12866 and the
Regulatory Flexibility Act.
List of Subjects in 24 CFR Part 135
Administrative practice and procedure, Community development, Equal
employment opportunity, Government contracts, Grant programs--housing
and community development, Housing, Loan programs--housing and
community development, Reporting and recordkeeping requirements, Small
businesses.
In accordance with the reasons set forth in the preamble, 24 CFR
part 135 is amended as follows:
PART 135--ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME
PERSONS
1. The authority citation for 24 CFR part 135 continues to read as
follows:
Authority: 12 U.S.C. 1701u; 42 U.S.C. 3535(d).
2. Section 135.2 is revised to read as follows:
Sec. 135.2 Effective date of regulation.
The regulations of this part will remain in effect until the date
the final rule adopting the regulations of this part with or without
changes is published and becomes effective, at which point the final
rule will remain in effect.
Dated: May 23, 1995.
Elizabeth K. Julian,
Acting Deputy Assistant Secretary for Policy and Initiatives.
[FR Doc. 95-13221 Filed 5-30-95; 8:45 am]
BILLING CODE 4210-28-P
