[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Rules and Regulations]
[Pages 35041-35043]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14368]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 30 and 35

[Docket No. FR-5785-F-01]
RIN 2501-AD70


Amendments To Reflect Change of Office Name From Office of 
Healthy Homes and Lead Hazard Control to Office of Lead Hazard Control 
and Healthy Homes

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

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SUMMARY: HUD's civil money penalty regulations currently provide that 
the Director of HUD's Office of Healthy Homes and Lead Hazard Control, 
or the Director's designee, may initiate a civil money penalty action 
against any person who knowingly violates the Residential Lead-Based 
Paint Hazard Reduction Act of 1992. HUD's Lead-Based Paint Poisoning 
Prevention regulation identifies the Office of Healthy Homes and Lead 
Hazard Control as the approval authority, after consultation with the 
Environmental Protection Agency, for lead-safe work practices courses 
that may qualify supervisors and workers to perform interim controls of 
lead-based paint hazards. Because HUD has changed the name of the 
Office of Healthy Homes and Lead Hazard Control to the Office of Lead 
Hazard Control and Healthy Homes, this final rule conforms HUD 
regulations to reference this new name. This final rule also provides a 
savings provision that preserves under the Office of Lead Hazard 
Control and Healthy Homes all actions taken under the Office of Healthy 
Homes and Lead Hazard Control.

DATES: Effective Date: July 21, 2014.

FOR FURTHER INFORMATION CONTACT: John B. Shumway, Deputy Assistant 
General Counsel, Office of Finance and Administrative Law, Room 9262, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Washington, DC 20410-2000; telephone number 202-402-5190 (this is not a 
toll-free number). Persons with hearing or speech impairments may 
access this number via TTY by calling the toll-free Federal Relay 
Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background Information

    Consistent with the Consolidated Appropriations Act, 2014 (Pub. L. 
113-76, approved January 17, 2014), HUD has changed the name of the 
Office of Healthy Homes and Lead Hazard Control (OHHLHC) to the Office 
of Lead

[[Page 35042]]

Hazard Control and Healthy Homes (OLHCHH). OLHCHH will perform all of 
the functions of the former OHHLHC. As a result of this change, this 
final rule makes conforming changes to 24 CFR parts 30 and 35. 
Specifically, HUD's civil money penalty regulations at Sec.  30.65(a) 
identifies the Director of OHHLHC as the official with the authority to 
initiate a civil money penalty action against any person who has failed 
to comply with the lead-based paint disclosure requirements set out in 
42 U.S.C. 4852d(b)(1). Since OHHLHC no longer exists, this provision is 
being updated in this final rule to name the Director of OLHCHH to 
carry out this function. In addition, Sec.  35.1330(a)(4)(iii) of HUD's 
Lead Safe Housing Rule identifies OHHLHC as the approval authority, 
after consultation with the Environmental Protection Agency, for lead-
safe work practices courses that may qualify supervisors and workers to 
perform interim controls of lead-based paint hazards. This final rule 
updates this provision to name the OLHCHH to carry out this function. 
This section is also being updated to provide the current telephone 
number for requesting the list of approved courses and the current name 
of the Federal service that persons with hearing or speech impediments 
may use for making the request call, toll free.

II. Savings Provision

    This final rule shall constitute notice that all references to 
OHHLHC in any document, statement, or other communication made before 
the effective date of this rule shall be deemed to be references to 
OLHCHH.

III. Justification for Final Rulemaking

    HUD generally publishes a rule for public comment before issuing a 
rule for effect, in accordance with its own regulations on rulemaking 
at 24 CFR part 10. Part 10, however, 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). For the following reasons, HUD 
finds that good cause exists to publish this rule for effect without 
first soliciting public comment.
    This final rule makes nomenclature changes to Sec. Sec.  30.65(a) 
and 35.1330(a)(4)(iii). As a result of internal HUD organizational 
changes, the office referred to in HUD's currently codified regulations 
no longer exists as it did when these sections were issued. This final 
rule merely replaces references to ``Director of the Office of Healthy 
Homes and Lead Hazard Control'' and ``Office of Healthy Homes and Lead 
Hazard Control'' with references to ``Director of the Office of Lead 
Hazard Control and Healthy Homes'' and ``Office of Lead Hazard Control 
and Healthy Homes,'' respectively. Neither of these changes makes 
substantive change to Sec. Sec.  30.65(a) or 35.1330(a)(4)(iii). 
Therefore, HUD determined that it is unnecessary to publish this rule 
for public comment prior to publishing the rule for effect.

IV. Findings and Certifications

Regulatory Review--Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if the 
regulation is necessary, to select the regulatory approach that 
maximizes net benefits. As discussed above in this preamble, this final 
rule updates HUD's regulations to reflect HUD's decision to rename the 
office listed in Sec. Sec.  30.65(a) and 35.1330(a)(4)(iii). As a 
result, this rule was determined to not be a significant regulatory 
action under section 3(f) of Executive Order 12866, Regulatory Planning 
and Review, and, therefore, was not reviewed by the Office of 
Management and Budget.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 605(b)) generally requires 
an agency to conduct regulatory flexibility analysis of any rule 
subject to notice and comment rulemaking requirements, unless the 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. Since notice and 
comment rulemaking is not necessary for this final rule, the provisions 
of the Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612) do 
not apply.

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any rule that has federalism implications if the rule 
either imposes substantial direct compliance costs on state and local 
governments and is not required by statute, or the rule preempts state 
law, unless the agency meets the consultation and funding requirements 
of section 6 of the Executive order. This final rule will not have 
federalism implications and would not impose substantial direct 
compliance costs on state and local governments or preempt state law 
within the meaning of the Executive order.

Environmental Review

    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, rehabilitation, alteration, 
demolition, or new construction, or establish, revise or provide for 
standards for construction or construction materials, manufactured 
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this 
final rule is categorically excluded from environmental review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538) (UMRA) establishes requirements for Federal agencies to 
assess the effects of their regulatory actions on state, local, and 
tribal governments, and the private sector. This final rule does not 
impose any Federal mandates on any state, local, or tribal government, 
or the private sector within the meaning of UMRA.

List of Subjects

24 CFR Part 30

    Administrative practice and procedure, Loan programs--housing and 
community development, Mortgages, Penalties.

24 CFR Part 35

    Grant programs-housing and community development, Lead poisoning, 
Mortgage insurance, Rent subsidies, Reporting and recordkeeping 
requirements.

    Accordingly, for the reasons described in the preamble, HUD amends 
24 CFR parts 30 and 35 as follows:

PART 30--CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT

0
1. The authority citation for part 30 continues to read as follows:

    Authority:  12 U.S.C. 1701q-1, 1703, 1723i, 1735f-14, 1735f-15; 
15 U.S.C. 1717a; 28 U.S.C. 2461 note; 42 U.S.C. 3535(d).


0
2. Revise Sec.  30.65(a) to read as follows:


Sec.  30.65  Failure to disclose lead-based paint hazards.

    (a) General. The Director of the Office of Lead Hazard Control and 
Healthy Homes, or his or her designee, may initiate a civil money 
penalty action against any person who knowingly violates 42 U.S.C. 
4852d.
* * * * *

[[Page 35043]]

PART 35--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN 
RESIDENTIAL STRUCTURES

0
3. The authority citation for part 35 continues to read as follows:

    Authority: 42 U.S.C. 3535(d), 4821, and 4851.


0
4. Revise Sec.  35.1330(a)(4)(iii) to read as follows:


Sec.  35.1330  Interim controls.

* * * * *
    (a) * * *
    (4) * * *
    (iii) Another course approved by HUD for this purpose after 
consultation with the EPA. A current list of approved courses is 
available on the Internet at http://www.hud.gov/offices/lead, or by 
mail or fax from the HUD Office of Lead Hazard Control and Healthy 
Homes at (202) 402-7698 (this is not a toll-free number). Persons with 
hearing or speech impediments may access the above telephone number via 
phone or TTY by calling the toll-free Federal Relay Service at (800) 
877-8339.
* * * * *

    Dated: June 13, 2014.
Shaun Donovan,
Secretary.
[FR Doc. 2014-14368 Filed 6-18-14; 8:45 am]
BILLING CODE 4210-67-P