[Federal Register Volume 62, Number 112 (Wednesday, June 11, 1997)]
[Rules and Regulations]
[Pages 31954-31955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15221]
[[Page 31953]]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Part 585
Opportunities for Youth: Youthbuild Program Further Streamlining; Rule
Federal Register / Vol. 62, No. 112 / Wednesday, June 11, 1997 /
Rules and Regulations
[[Page 31954]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 585
[Docket No. FR-4226-F-01]
RIN No. 2506-AB93
Opportunities for Youth: Youthbuild Program Further Streamlining;
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Final rule.
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SUMMARY: This final rule makes a streamlining amendment to 24 CFR part
585 by removing subpart B regarding the application and grant award
process. This information is set forth in the Notices of Funding
Availability issued by HUD when funding is made available for the
Youthbuild Program, and need not be codified.
EFFECTIVE DATE: June 11, 1997.
FOR FURTHER INFORMATION CONTACT: The Office of Economic Development,
Department of Housing and Urban Development, Room 7136, 451 Seventh
Street, SW, Washington, DC 20410. Telephone (202) 708-2035; TTY (202)
708-1455. (These telephone numbers are not toll-free.)
SUPPLEMENTARY INFORMATION:
Background
Section 164 of the Housing and Community Development Act of 1992
(Pub. L. 102-550) amended title IV of the National Affordable Housing
Act (42 U.S.C. 1437aaa) to add a new subtitle D which established the
Youthbuild program (the ``Youthbuild statute''). On February 21, 1995,
the Department published a final rule at 60 FR 9734, which is codified
at 24 CFR part 585. Part 585 was streamlined by a final rule published
on October 4, 1996, at 61 FR 52186.
This Rule
President Clinton's memorandum of March 4, 1995, titled
``Regulatory Reinvention Initiative'' directed heads of Federal
departments and agencies to review all existing regulations to
eliminate those that are outdated and modify others to increase
flexibility and reduce burden. As a part of HUD's overall effort to
reduce regulatory burden and streamline the content of title 24 of the
Code of Federal Regulations, this rule removes those provisions which
are unnecessary to be codified and can be made available through other
non-rulemaking means.
It is unnecessary to maintain the provisions of subpart B of the
Youthbuild regulations in the Code of Federal Regulations (CFR).
Subpart B pertains to the application and grant award process. Certain
provisions in subpart B (specifically, Secs. 585.100 through 585.107)
simply repeat the requirements of the Department of Housing and Urban
Development Reform Act (Pub. L. 101-235, approved December 15, 1989)
(HUD Reform Act) (see 42 U.S.C. 3545), now codified in 24 CFR part 4.
(The HUD Reform Act regulations previously were codified in 24 CFR
parts 4 and 12, but were consolidated in part 4 by final rule published
on April 1, 1996, 61 FR 1449). The requirements of the HUD Reform Act
and of its regulations apply to Youthbuild funding competitively
awarded, notwithstanding any reference to these requirements in the
Youthbuild Program regulations.
Other provisions in subpart B repeated the statutory requirements
governing the application and grant award process set out in the
Youthbuild statute. As with the HUD Reform Act requirements, these
statutory requirements are applicable whether or not set out in the
regulation.
Since the statutory and regulatory requirements governing the
application and grant award process are announced in the Notices of
Funding Availability, it is not necessary that they be set out in the
regulations. Furthermore, removal of these procedures from the CFR
increases the flexibility of the procedures as warranted by
circumstances surrounding the individual funding cycles. Accordingly,
this final rule removes and reserves subpart B.
Justification for Final Rule on Streamlining Provisions
HUD generally publishes a rule for public comment before issuing a
rule for effect, in accordance with its own regulations on rulemaking
in 24 CFR part 10. However, part 10 provides for exceptions to the
general rule if 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
on the streamlining provision. The streamlining provision merely
removes unnecessary regulatory provisions and does not establish or
affect substantive policy. Therefore, prior public comment is
unnecessary.
Findings and Certifications
Environmental Impact
In accordance with 24 CFR 50.19(c)(1), published in the Federal
Register on September 27, 1996 (61 FR 40914), this final rule does not
direct, provide for assistance or loan and mortgage insurance for, or
otherwise govern or regulate, real property acquisition, disposition,
leasing (other than tenant-based rental assistance), rehabilitation,
alteration, demolition, or new construction. This rule merely
streamlines the Youthbuild Program regulations by removing unnecessary
provisions. Therefore, this final rule is categorically excluded from
the requirements of the National Environmental Policy Act of 1969 and
the related Federal authorities in 24 CFR 50.4.
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 this rule will not have a significant
economic impact on a substantial number of small entities because the
rule merely makes nonsubstantive streamlining amendments to part 585.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this rule
does not have ``federalism implications'' because it does not have
substantial direct effects on the States (including their political
subdivisions), or on the distribution of power and responsibilities
among the various levels of government.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995, Pub. L. 104-
4, established requirements for Federal agencies to assess the effects
of their regulatory actions on State, local, and tribal governments and
the private sector. This rule does not impose any Federal mandates on
any State, local, or tribal governments or the private sector within
the meaning of the Unfunded Mandates Reform Act of 1995.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance Program number assigned
to this program is 14.243.
List of Subjects in 24 CFR Part 585
Grant programs--housing and community development, Homeless, Low
and very low-income families,
[[Page 31955]]
Reporting and recordkeeping requirements.
Accordingly, for the reasons set forth in the preamble, part 585 of
title 24 of the Code of Federal Regulations is amended as follows:
PART 585--YOUTHBUILD PROGRAM
1. The authority citation for part 585 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 12899.
Subpart B--[Removed and Reserved]
2. Subpart B, consisting of Secs. 585.100 through 585.107, is
removed and reserved.
Dated: May 19, 1997.
Jacquie M. Lawing,
Acting Assistant Secretary for Community Planning and Development.
[FR Doc. 97-15221 Filed 6-10-97; 8:45 am]
BILLING CODE 4210-29-P
