[Federal Register Volume 63, Number 195 (Thursday, October 8, 1998)]
[Rules and Regulations]
[Pages 54332-54333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27017]
[[Page 54331]]
_______________________________________________________________________
Part V
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Part 1710
Interstate Land Sales Registration Fees; Change in Mailing Address and
Authority to Make Electronic Payment; Final Rule
Federal Register / Vol. 63, No. 195 / Thursday, October 8, 1998 /
Rules and Regulations
[[Page 54332]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 1710
[Docket No. FR-4365-F-01]
RIN 2502-AH22
Interstate Land Sales Registration Fees; Change in Mailing
Address and Authority to Make Electronic Payment
AGENCY: Office of Assistant Secretary for Housing-Federal Housing
Commissioner, HUD.
ACTION: Final rule.
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SUMMARY: Under current regulations, a fee must accompany a Statement of
Record that is filed with the Secretary under the Interstate Land Sales
Full Disclosure Act, and the fee cannot be paid electronically. This
final rule provides that the fee must be mailed to an address specified
by the Secretary, and permits electronic payment. The current mailing
address is set forth in the Supplementary Information.
DATES: Effective Date: November 9, 1998.
FOR FURTHER INFORMATION CONTACT: Elizabeth Cocke, Office of Consumer
and Regulatory Affairs, Room 9156, Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC 20410, telephone
(voice) (202) 708-6401. (This is not a toll-free number.) Hearing-
impaired or speech-impaired individuals may access the voice telephone
listed by calling the Federal Information Relay Service during working
hours at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Under 24 CFR 1710.20, a developer or owner of a subdivision seeking
to register a subdivision under the Interstate Land Sales Full
Disclosure Act must file a Statement of Record at the Office of
Interstate Land Sales Registration in HUD Headquarters, accompanied by
a registration fee in the amount and form set out in Sec. 1710.35.
Section 1710.35 requires payment by certified check, cashier's check,
or postal money order payable to the Treasurer of the United States.
The Department will continue to require the Statements of Record to
be filed at HUD Headquarters, but it is inefficient for the Department
to collect fees at this address. Therefore, HUD is amending
Secs. 1710.20 and 1710.35 to require that a fee paid by check or money
order be mailed to an address specified by HUD when the Statement of
Record is filed with HUD. Until a different address is announced by
HUD, registration fees that are mailed must be sent to HUD's
``lockbox'' at the following address: HUD, Interstate Land Sales, P.O.
Box 100655, Atlanta, GA 30384-0655.
Fees received at this address will be immediately deposited and
accounted for. Information regarding this process, and the lockbox
address, will be distributed to industry publications for further
dissemination.
To assist the Department in accounting for fees received, each
check must account for a single fee. Each check must include on the
face the name of the subdivision for which the fee is being paid, and
the ``OILSR'' or registration number, when known. Any check received
without this information could delay proper accounting of the fee and/
or processing of the registration.
The Department of Treasury encourages HUD and other agencies to
provide for payments to be made through electronic means. HUD supports
this policy, and is therefore amending Sec. 1710.35 to permit HUD to
accept electronic payment of registration fees and other fees required
by part 1710. HUD will continue to accept payment by check or money
order, mailed to the address specified by the Secretary. Information on
how to begin electronic payment of fees is available from HUD at: HUD,
Interstate Land Sales/RESPA Office, Room 9156, 451 7th St., SW,
Washington, DC 20410, (202) 708-0502.
Other Matters
Justification for Final Rule
In general, the Department publishes a rule for public comment
before issuing a rule for effect, in accordance with its own
regulations on rulemaking, 24 CFR part 10. Part 10 does provide,
however, that public comment is not required for a rule governing the
Department's internal practices or procedures. A rule specifying the
address at which the Department will receive a required fee, and
permitting but not mandating electronic payment of fees, falls within
this exception. There is no substantive impact on the rights or
obligations of regulated parties.
Environmental Finding
This final rule is exempt from environmental review requirements
under 24 CFR 50.19(c)(3).
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this rule will not have substantial direct effects on
States or their political subdivisions, or the relationship between the
Federal government and the States, or on the distribution of power and
responsibilities among the various levels of government. As a result,
the rule is not subject to review under the Order.
The Regulatory Flexibility Act
In accordance with 5 U.S.C. 605(b) (the Regulatory Flexibility
Act), the Secretary, by approval of this rule, certifies that this rule
does not have a significant economic impact on a substantial number of
small entities. The rule allows developers greater flexibility by
permitting electronic payment and thereby reduces processing time and
expense.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4; approved March 22, 1995) (UMRA) establishes requirements for Federal
agencies to assess the effects of their regulatory actions on State,
local, and tribal governments, and on the private sector. This rule
does not impose any Federal mandates on any State, local, or tribal
governments, or on the private sector, within the meaning of the UMRA.
List of Subjects in Part 1710
Administrative practice and procedure, Consumer protection, Freedom
of information, Land sales, Reporting and recordkeeping requirements.
Accordingly, 24 CFR part 1710 is amended as follows:
PART 1710--LAND REGISTRATION
1. The authority for part 1710 continues to read as follows:
Authority: 15 U.S.C. 1718; 42 U.S.C. 3535(d).
2. Section 1710.20 is amended by revising the last sentence of
paragraph (a) to read as follows:
Sec. 1710.20 Requirements for registering a subdivision-- Statement of
Record-- filing and form.
(a) * * * When the Statement of Record is filed, a fee in the
amount set out in Sec. 1710.35(b) must be paid in accordance with
Sec. 1710.35(a).
* * * * *
3. Section 1710.35 is amended by revising paragraph (a) to read as
follows:
Sec. 1710.35 Payment of fees.
(a) Method of payment. (1) Each fee must be paid by:
(i) Certified check, cashier's check, or postal money order made
payable to the
[[Page 54333]]
Treasurer of the United States, with the registration number, when
known, and the name, of the subdivision on the face of the check, and
mailed to an address specified by the Secretary; or
(ii) Electronic payment in a manner specified by the Secretary.
(2) Information regarding the current mailing address or electronic
payment procedures is available from: HUD, Office of Interstate Land
Sales/RESPA Division, Room 9156, 451 7th St., SW, Washington, DC 20410.
* * * * *
Dated: September 25, 1998.
Ira Peppercorn,
General Deputy Assistant Secretary for Housing.
[FR Doc. 98-27017 Filed 10-7-98; 8:45 am]
BILLING CODE 4210-27-P
