[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Rules and Regulations]
[Pages 35041-35043]
From the Federal Register Online via the Government Publishing 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