[Federal Register Volume 60, Number 175 (Monday, September 11, 1995)]
[Rules and Regulations]
[Pages 47260-47263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22384]
[[Page 47259]]
_______________________________________________________________________
Part VI
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
24 CFR Part 1 et al.
Elimination of Obsolete Parts; Final Rule
Federal Register / Vol. 60, No. 175 / Monday, September 11, 1995 /
Rules and Regulations
[[Page 47260]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Subtitle A, and Parts 1, 3, 8, 11, 15, 16, 24, 39, 40, 49,
86, 90, 103, 106, 120, 130, 200, 205, 209, 210, 211, 224, 225, 226,
227, 228, 229, 238, 240, 250, 270, 271, 277, 278, 500, 511, 575,
577, 578, 579, 580, 595, 596, 598, 599, 600, 811, 900, 907, 965,
967, 1730, 1800, 1895, 2700
[Docket No. FR-3922-F-01]
RIN 2501-AC00
Elimination of Obsolete Parts
AGENCY: Office of the Secretary.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule removes from title 24 of the Code of Federal
Regulations the Department's regulations and codified guidance which
are unnecessary or obsolete. Following a review of existing HUD
regulations in accordance with the President's regulatory reinvention
initiative, the Department has determined that the regulatory parts and
other codified materials identified in this rule are unnecessary to be
retained in the Code of Federal Regulations because the parts address
obsolete programs that have been repealed, are no longer funded, or by
new legislation have been consolidated into other programs; no
regulatory requirements are included in the parts and therefore the
provisions of these parts need not be codified or can be provided
through other non-rulemaking means; e.g., notices or handbooks; the
parts cover expiring programs, that is, there are only a few
outstanding mortgages or contracts, which will either continue to be
administered under the regulations that existed immediately before
October 11, 1995 or be directed under individual contracts or grant
agreements; or the parts relate to functions that have been transferred
to another agency.
EFFECTIVE DATE: October 11, 1995.
FOR FURTHER INFORMATION CONTACT: Camille E. Acevedo, Assistant General
Counsel for Regulations, Department of Housing and Urban Development,
Room 10276, 451 Seventh Street SW., Washington, DC 20410. Telephone:
(202) 708-3055; TDD: (202) 708-3259.
SUPPLEMENTARY INFORMATION: 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 parts (and
subdivisions of parts) which represent regulations and other materials
which are unnecessary or obsolete, as further categorized and listed
below. Guidance presently provided in appendices and non-regulatory
guidance presently codified will be available through other non-
rulemaking means.
To the extent that regulations are needed to implement new
legislation, they will be issued separately from this document. Any
determination to issue new regulations will be carefully considered to
ensure that it is consistent with the President's regulatory reform
efforts and the principles in Executive Order 12866.
The Department has also reviewed its other existing regulations,
and those regulations will be amended as appropriate to eliminate or
revise outdated provisions, reduce burden, and increase flexibility.
The Department is seeking appropriate statutory changes if legislative
authority is required in order to achieve regulatory reform.
Parts (and subdivisions of parts) obsolete because the programs
have been repealed, are no longer funded, or by new legislation have
been consolidated into other programs: 49, 90, Appendix D to Subtitle
A, 103 (Appendix only), 120, 200 (subparts L and N only), 210, 211,
229, 238, 250, 270, 271, 500, 575, 580, 595, 596, 598, 599, 600, 811
(subpart B only), 965 (subpart F only), 1730, 1800, 1895, 2700.
Parts and other guidance unnecessary because no regulatory
requirements are included and the provisions need not be codified or
can be provided through other non-rulemaking means; e.g., notices or
handbooks: 1 (Appendix A only), 3, 8 (Appendices A and B only), 11, 15
(subpart D only), 16 (Appendix A only), 24 (Appendices A, B, and C
only), 39, 40 (Appendix A only), 86 (Appendices A and B only), 106, 200
(subpart B only), 967.
Parts for expiring programs, under which there are only a few
outstanding mortgages or contracts:
To the extent local programs are still ongoing under the following
repealed parts or subparts, their repeal does not affect the
requirements which apply to those programs under the applicable
contracts or grant agreements.
1. The programs associated with the following parts will continue
to be administered under the regulations that existed immediately
before October 11, 1995: 205, 209, 224, 225, 226, 227, 228, 240, 277,
278.
This rule amends 24 CFR part 200 to add a new subpart W, which
lists the parts associated with expiring programs and states that any
existing loan assistance, ongoing participation, or insured loans under
these parts will continue to be governed by the regulations in effect
as they existed immediately before October 11, 1995.
2. The programs associated with the following parts will be
directed by individual contracts or grant agreements, which may be
unilaterally amended to incorporate the regulatory provisions being
deleted by this rule: 511 (subpart C, E, and G only), 577, 578, 579,
900, 907.
Parts unnecessary because the functions have been transferred to
another agency: 130.
Justification for Final Rule
In accordance with 24 CFR part 10, it is the practice of the
Department to offer interested parties the opportunity to comment on
proposed regulations. However, these regulations merely remove
unnecessary or obsolete regulatory provisions. Removal of these
regulations does not establish or affect substantive policy. Therefore,
the Department has determined that public comment is unnecessary and
contrary to the public interest.
Other Matters
Environmental Finding
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, Office of the General Counsel,
Department of Housing and Urban Development, Room 10276, 451 Seventh
Street SW., Washington, DC 20410.
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 does not have a significant
economic impact on a substantial number of small entities because this
rule pertains to the administrative matter of removing obsolete or
unnecessary parts from the Code of Federal Regulations.
[[Page 47261]]
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.
Executive Order 12606, the Family
The General Counsel, as the Designated Official under Executive
Order 12606, the Family, has determined that this rule does not have
potential significant impact on family formation, maintenance, and
general well-being.
Semiannual Agenda
This rule was not listed in the Department's Semiannual Agenda of
Regulations published on May 8, 1995 (60 FR 23368), pursuant to
Executive Order 12866 and the Regulatory Flexibility Act.
List of Subjects
24 CFR Part 1
Administrative practice and procedure, Civil rights, Reporting and
recordkeeping requirements.
24 CFR Part 3
Authority delegations (Government agencies).
24 CFR Part 8
Administrative practice and procedure, Civil rights, Equal
employment opportunity, Grant programs--housing and community
development, Individuals with disabilities, Loan programs--housing and
community development, Reporting and recordkeeping requirements.
24 CFR Part 11
Seals and insignia.
24 CFR Part 15
Classified information, Courts, Freedom of information, Government
employees, Reporting and recordkeeping requirements.
24 CFR Part 16
Privacy.
24 CFR Part 24
Administrative practice and procedure, Drug abuse, Government
contracts, Government procurement, Grant programs, Loan programs,
Reporting and recordkeeping requirements.
24 CFR Part 39
Energy conservation, Housing, Loan programs--housing and community
development.
24 CFR Part 40
Individuals with disabilities, Public housing, Reporting and
recordkeeping requirements.
24 CFR Part 49
Aliens, Grant programs--housing and community development, Loan
programs--housing and community development, Mortgage insurance.
24 CFR Part 86
Administrative practice and procedure, Lobbying (Government
agencies), Reporting and recordkeeping requirements.
24 CFR Part 90
Community facilities, Grant programs--housing and community
development, Grant programs--social programs, Homeless, Reporting and
recordkeeping requirements.
24 CFR Part 103
Administrative practice and procedure, Aged, Fair housing,
Individuals with disabilities, Intergovernmental relations,
Investigations, Mortgages, Penalties, Reporting and recordkeeping
requirements.
24 CFR Part 106
Administrative practice and procedure, Aged, Fair housing,
Individuals with disabilities, Mortgages.
24 CFR Part 120
Fair housing, Grant programs--housing and community development.
24 CFR Part 130
Administrative practice and procedure, Equal employment
opportunity, Government contracts, Housing, Reporting and recordkeeping
requirements.
24 CFR Part 200
Administrative practice and procedure, Claims, Equal employment
opportunity, Fair housing, Home improvement, Housing standards,
Incorporation by reference, Lead poisoning, Loan programs--housing and
community development, Minimum property standards, Mortgage insurance,
Organization and functions (Government agencies), Penalties, Reporting
and recordkeeping requirements, Social security, Unemployment
compensation, Wages.
24 CFR Part 205
Community facilities, Mortgage insurance, Reporting and
recordkeeping requirements.
24 CFR Part 209
Mortgage insurance.
24 CFR Part 210
Mortgage insurance, Reporting and recordkeeping requirements.
24 CFR Part 211
Mortgage insurance, Reporting and recordkeeping requirements.
24 CFR Part 224
Military personnel, Mortgage insurance, Reporting and recordkeeping
requirements.
24 CFR Part 225
Military personnel, Mortgage insurance.
24 CFR Part 226
Government employees, Mortgage insurance.
24 CFR Part 227
Federally affected areas, Military personnel, Mortgage insurance,
Reporting and recordkeeping requirements.
24 CFR Part 228
Federally affected areas, Mortgage insurance, National defense.
24 CFR Part 229
Federally affected areas, Mortgage insurance, National defense,
Reporting and recordkeeping requirements.
24 CFR Part 238
Insurance, Investments, Low and moderate income housing, Reporting
and recordkeeping requirements.
24 CFR Part 240
Mortgage insurance.
24 CFR Part 250
Intergovernmental relations, Low and moderate income housing,
Mortgage insurance.
24 CFR Part 270
Appalachia, Grant programs--housing and community development, Loan
programs--housing and community development, Low and moderate income
housing.
24 CFR Part 271
Grant programs--housing and community development, Loan programs--
housing and community development, Low and moderate income housing,
Technical assistance.
[[Page 47262]]
24 CFR Part 277
Aged, Individuals with disabilities, Loan programs--housing and
community development, Low and moderate income housing.
24 CFR Part 278
Aged, Grant programs--housing and community development,
Individuals with disabilities, Low and moderate income housing,
Nutrition.
24 CFR Part 500
Grant programs--housing and community development, Loan programs--
housing and community development, Urban renewal.
24 CFR Part 511
Administrative practice and procedure, Grant programs--housing and
community development, Lead poisoning, Low and moderate income housing,
Reporting and recordkeeping requirements, Technical assistance.
24 CFR Part 575
Civil rights, Community facilities, Grant programs--housing and
community development, Grant programs--social programs, Homeless,
Reporting and recordkeeping requirements.
24 CFR Part 577
Community facilities, Employment, Grant programs--housing and
community development, Grant programs--social programs, Individuals
with disabilities, Homeless, Indians, Mental health programs, Nonprofit
organizations, Reporting and recordkeeping requirements, Technical
assistance.
24 CFR Part 578
Community facilities, Grant programs--housing and community
development, Grant programs--social programs, Individuals with
disabilities, Homeless, Mental health programs, Nonprofit
organizations, Reporting and recordkeeping requirements, Technical
assistance.
24 CFR Part 579
Community facilities, Grant programs--housing and community
development, Grant programs--social programs, Homeless, Reporting and
recordkeeping requirements.
24 CFR Part 580
Grant programs--housing and community development, Urban renewal.
24 CFR Part 595
Community development, Grant programs--housing and community
development, Urban renewal.
24 CFR Part 596
Community development, Indians, Intergovernmental relations.
24 CFR Part 598
Community facilities, Loan programs--housing and community
development, Reporting and recordkeeping requirements.
24 CFR Part 599
Grant programs--housing and community development, Grant programs--
natural resources, Public lands.
24 CFR Part 600
American Samoa, Community facilities, Energy conservation,
Environmental protection, Grant programs--housing and community
development, Guam, Housing, Indians, Intergovernmental relations,
Northern Mariana Islands, Pacific Islands Trust Territory, Reporting
and recordkeeping requirements, Virgin Islands.
24 CFR Part 811
Public housing, Securities, Taxes.
24 CFR Part 900
Grant programs--housing and community development, Rent subsidies.
24 CFR Part 907
Low and moderate income housing, Public housing, Reporting and
recordkeeping requirements.
24 CFR Part 965
Energy conservation, Government procurement, Grant programs--
housing and community development, Lead poisoning, Loan programs--
housing and community development, Public housing, Reporting and
recordkeeping requirements, Utilities.
24 CFR Part 967
Grant programs--housing and community development, Public housing.
24 CFR Part 1730
Consumer protection, Land sales.
24 CFR Part 1800
Energy conservation, Grant programs--energy, Loan programs--energy,
Penalties, Reporting and recordkeeping requirements, Solar energy.
24 CFR Part 1895
Energy conservation, Organization and functions (Government
agencies), Seals and insignia, Solar energy.
24 CFR Part 2700
Loan programs--housing and community development, Mortgage
insurance, Mortgages.
Accordingly, pursuant to the Secretary's authority under 42 U.S.C.
3535(d), subtitle A and chapters I, II, V, VI, VIII, IX, X, XI, and XV
of title 24 of the Code of Federal Regulations are amended as follows:
Subtitle A--[Amended]
1. Subtitle A is amended by removing:
a. Appendix A from part 1;
b. Part 3;
c. Appendices A and B from part 8;
d. Part 11;
e. Subpart D from part 15;
f. Appendix A from part 16;
g. Appendices A, B, and C from part 24;
h. Part 39;
i. Appendix A from part 40;
j. Part 49;
k. Appendices A and B from part 86;
l. Part 90; and
m. Appendix D to subtitle A.
Chapter I--[Amended]
2. Chapter I is amended by removing:
a. The appendix from part 103; and
b. Parts 106, 120, and 130.
Chapter II--[Amended]
3. Chapter II is amended by amending part 200 by removing subparts
B, L, and N, and by adding a new subpart W, consisting of
Sec. 200.1301, to read as follows:
PART 200--INTRODUCTION
* * * * *
Subpart W--Administrative Matters
Sec. 200.1301 Expiring Programs--Savings Clause.
No new loan assistance, additional participation, or new loans are
being insured under the programs listed below. Any existing loan
assistance, ongoing participation, or insured loans under these
programs will continue to be governed by the regulations in effect as
they existed immediately before October 11, 1995:
Part 205 Mortgage Insurance for Land Development [Title X]
Part 209 Individual Homes; War Housing Mortgage Insurance [Sec.
603]
Part 224 Armed Services Housing--Military Personnel [Sec. 803]
Part 225 Military Housing Insurance [Sec. 803]
[[Page 47263]]
Part 226 Armed Services Housing--Civilian Employees [Sec. 809]
Part 227 Armed Services Housing--Impacted Areas [Sec. 810]
Part 228 Individual Residences; National Defense Housing Mortgage
Insurance [Sec. 903]
Part 240 Mortgage Insurance on Loans for Fee Title Purchase
Part 277 Loans for Housing for the Elderly or Handicapped
Part 278 Mandatory Meals Program in Multifamily Rental or
Cooperative Projects for the Elderly or Handicapped
Chapter II--[Amended]
4. Chapter II is further amended by removing parts 205, 209, 210,
211, 224, 225, 226, 227, 228, 229, 238, 240, 250, 270, 271, 277, and
278.
Chapter V--[Amended]
5. Chapter V is amended by removing:
a. Part 500;
b. Subparts C, E, and G from part 511; and
c. Parts 575, 577, 578, 579, 580, 595, 596, 598, and 599.
Chapter VI--[Amended]
6. Chapter VI is amended by removing part 600.
Chapter VIII--[Amended]
7. Chapter VIII is amended by removing subpart B from part 811.
Chapter IX--[Amended]
8. Chapter IX is amended by removing:
a. Parts 900 and 907;
b. Subpart F from part 965; and
c. Part 967.
Chapter X--[Amended]
9. Chapter X is amended by removing part 1730.
Chapter XI--[Amended]
10. Chapter XI is amended by removing parts 1800 and 1895.
Chapter XV--[Amended]
11. Chapter XV is amended by removing part 2700.
Dated: August 30, 1995.
Henry G. Cisneros,
Secretary.
[FR Doc. 95-22384 Filed 9-8-95; 8:45 am]
BILLING CODE 4210-32-P