[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Rules and Regulations]
[Page 50802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24339]
[[Page 50801]]
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Part XIII
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
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24 CFR Part 91
Consolidated Submission for Community Planning and Development
Programs; Final Rule
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 /
Rules and Regulations
[[Page 50802]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 91
[Docket No. FR 3611-F-11]
Consolidated Submission for Community Planning and Development
Programs
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
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SUMMARY: As part of HUD's efforts to streamline the requirements for
its formula grant programs, the Department's regulations consolidate
into a single submission the planning and application aspects of the
Department's Community Development Block Grant (CDBG), Emergency
Shelter Grant (ESG), HOME Investment Partnerships (HOME), and Housing
Opportunities for Persons with AIDS (HOPWA) programs. This final rule
amends the Department's consolidated plan regulations to state that the
Secretary, upon a finding of good cause, may waive these regulatory
provisions.
EFFECTIVE DATE: October 30, 1995.
FOR FURTHER INFORMATION CONTACT: Joseph F. Smith, Director, Office of
Executive Services, Office of Community Planning and Development, 451
Seventh Street, SW., Washington DC 20410-7000, telephone (202) 708-1283
(voice) or (202) 708-2565 (TDD). (These are not toll-free numbers.)
Copies of this amendment will be made available on tape or large print
for those with impaired vision that request them. They may be obtained
at the above address.
SUPPLEMENTARY INFORMATION: The Department's regulations at 24 CFR part
91 consolidate into a single submission the planning and application
aspects of the Department's Community Development Block Grant (CDBG),
Emergency Shelter Grant (ESG), HOME Investment Partnerships (HOME), and
Housing Opportunities for Persons with AIDS (HOPWA) programs. This
final rule amends the Department's consolidated plan regulations to
state that the Secretary, upon a finding of good cause, may waive non-
statutory provisions of part 91.
The Department, in a final rule published on January 5, 1995 (60 FR
1878), completely revised part 91 to establish the consolidated plan
requirements. The January 5, 1995 rule marked a major Departmental
effort to consolidate and streamline the submission requirements for
its formula grant programs. Prior to publication of the January 5, 1995
rule, Sec. 91.99 stated that the Secretary has the authority to waive
non-statutory provisions of part 91. The January 5, 1995 did not
contain a corresponding provision. This final rule amends part 91 by
setting forth the Secretary's waiver authority in a new Sec. 91.600.
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. However, part 10 provides that prior public
procedure will be omitted if the Department determines that it is
``impracticable, unnecessary, or contrary to the public interest'' (24
CFR 10.1).
In this case, the Department finds that it is unnecessary to
provide for prior public procedure. The Secretary of HUD has the
authority to waive non-statutory provisions of the Department's
regulations. This final rule merely amends the Department's
consolidated plan requirements to include a provision stating that the
Secretary may waive any non-statutory requirement of part 91.
Other Matters
Executive Order 12866
This final rule was reviewed by the Office of Management and Budget
(OMB) under Executive Order 12866 on Regulatory Planning and Review,
issued by the President on September 30, 1993. Any changes made in this
final rule as a result of that review are clearly identified in the
docket file, which is available for public inspection in the office of
the Department's Rules Docket Clerk, Room 10276, 451 Seventh Street,
SW., Washington, DC.
Environmental Impact
A Finding of No Significant Impact with respect to the environment
was 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 (42 U.S.C. 4332) in connection with the development of the January
5, 1995 rule. The Finding of No Significant Impact remains applicable
to this rule, and is available for public inspection and copying Monday
through Friday, 7:30 a.m. until 5:30 p.m. in the office of the Rules
Docket Clerk, Office of General Counsel, room 10276, 451 Seventh
Street, SW., Washington, DC 20410.
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 do not have federalism implications and, thus,
are not subject to review under the Order.
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)) has reviewed and approved this rule, and in so doing
certifies that this rule will not have a significant economic impact on
a substantial number of small entities. There are no anti-competitive
discriminatory aspects of the rule with regard to small entities and
there are not any unusual procedures that would need to be complied
with by small entities.
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 a
potential significant impact on family formation, maintenance, and
general well-being, and, thus, is not subject to review under the
Order. No significant change in existing HUD policies or programs, as
those policies relate to family concerns, will result from promulgation
of this rule.
List of Subjects in 24 CFR Part 91
Grant programs--Indians, Homeownership, Low and moderate income
housing, Public housing.
Accordingly, 24 CFR part 91 is amended as follows:
1. The authority citation for part 91 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 3601-3619, 5301-5315, 11331-11388,
12701-12711, 12741-12756, and 12901-12912.
2. Section 91.600 is added to read as follows:
Sec. 91.600 Waiver Authority
Upon determination of good cause, HUD may, subject to statutory
limitations, waive any provision of this part. Each such waiver must be
in writing and must be supported by documentation of the pertinent
facts and grounds.
Dated: September 26, 1995.
Henry G. Cisneros,
Secretary.
[FR Doc. 95-24339 Filed 9-28-95; 8:45 am]
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