[Federal Register Volume 59, Number 58 (Friday, March 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7036]


[[Page Unknown]]

[Federal Register: March 25, 1994]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Inspector General

24 CFR Parts 2000, 2002, and 2003

[Docket No. R-94-1715; FR-3632-F-01]
RIN 2508-AA08

 

Removal of Internal Regulations: Office of the Inspector General

AGENCY: Office of the Inspector General, HUD.

ACTION: Final rule.

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SUMMARY: This final rule eliminates 24 CFR part 2000, and makes 
conforming revisions to parts 2002 and 2003. This action complies with 
Executive Order 12861, by eliminating certain internal management 
regulations that are not required by law.

EFFECTIVE DATE: April 25, 1994.

FOR FURTHER INFORMATION CONTACT: Emmett N. Roden, Assistant General 
Counsel, Inspector General and Administrative Proceedings Division, 
Office of General Counsel, room 10251, Department of Housing and Urban 
Development, 451 Seventh Street SW., Washington, DC 20410, telephone 
(202) 708-2350 or (202) 708-3259 (TDD). (These are not toll-free 
numbers.)

SUPPLEMENTARY INFORMATION:

Justification for Final Rulemaking

    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. However, part 10 does 
provide for exceptions from that general rule where 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) The Department finds that good cause exists to publish this 
rule for effect without first soliciting public comment, in that prior 
public procedure is unnecessary because the rule relates to internal 
agency organization and management and because the provisions to be 
removed by this rule are not required by law and are duplicative of 
statutory provisions or delegations of authority that remain in effect.

Background

    The Inspector General Act of 1978 (5 U.S.C. app.) was enacted to 
create independent and objective units to perform various investigative 
and monitoring functions in several Executive agencies of the Federal 
Government, including the Department of Housing and Urban Development 
(HUD). The Act confers broad authority upon the Inspector General to 
conduct independent investigations and audits. Consistent with its 
statutory independence, and with the delegation of authority to issue 
such rules and regulations as may be necessary to carry out the 
functions, powers, and duties of the Inspector General, separate 
regulations have been adopted at 24 CFR chapter XII (Ch. XII) that are 
applicable only to the Office of Inspector General (OIG) within HUD. 
Currently, chapter XII concerns such matters as organization, 
functions, and delegations of authority (part 2000), availability of 
information to the public (part 2002), implementation of the Privacy 
Act of 1974 (part 2003), and production in response to subpoenas or 
demands of courts or other authorities (part 2004).
    On September 11, 1993, the President issued Executive Order 12861, 
which requires each Executive department and agency to undertake to 
eliminate within 3 years of the effective date of the Order not less 
than 50 percent of its civilian internal management regulations that 
are not required by law. Part 2000 is a civilian internal management 
regulation of the type referenced in the Executive Order. The Inspector 
General of HUD has determined that 24 CFR part 2000 is not required by 
law and, in large part, duplicates the provisions of the Inspector 
General Act or of various published delegations of authority that 
remain in force. Accordingly, this final rule eliminates part 2000 and 
amends parts 2002 and 2003, to the extent that those parts contain 
references to part 2000. (Part 2004 does not contain references to part 
2000.)

Other Matters

Environmental Review

    In accordance with 40 CFR 1508.4 of the regulations of the Council 
on Environmental Quality and 24 CFR 50.20(k) of the HUD regulations, 
the policies and procedures in this document relate only to internal 
administrative procedures that do not relate to the physical condition 
of project areas or building sites and, therefore, are categorically 
excluded from the requirements of the National Environmental Policy Act 
of 1969.

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. The rule 
eliminates unnecessary regulations. There are no anticompetitive 
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 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, on 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 rule is limited 
to eliminating unnecessary or duplicative regulations.

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 for 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 will result 
from promulgation of this rule, as those policies and programs relate 
to family concerns.

Regulatory Agenda

    This rule was not listed in the Department's Semiannual Agenda of 
Regulations published on October 25, 1993 (58 FR 56402) under Executive 
Order 12291 and the Regulatory Flexibility Act.

List of Subjects

24 CFR Part 2000

    Organization and functions (Government agencies).

24 CFR Part 2002

    Freedom of information.

24 CFR Part 2003

    Privacy.

    For the reasons set out in the preamble, chapter XII of title 24 of 
the Code of Federal Regulations is amended as follows:

PART 2000--ORGANIZATION, FUNCTIONS AND DELEGATIONS OF AUTHORITY--
[REMOVED]

    1. Part 2000 is removed and reserved.

PART 2002--AVAILABILITY OF INFORMATION TO THE PUBLIC

    2. The authority citation for part 2002 is revised to read as 
follows:

    Authority: 5 U.S.C. 552; Freedom of Information Reform Act of 
1986 (Pub. L. 99-570); Inspector General Act of 1978 (5 U.S.C. 
App.); 42 U.S.C. 3535(d); Delegation of Authority, Jan. 9, 1981 (46 
FR 2389).

    3. Section 2002.3(a) is revised to read as follows:


Sec. 2002.3  Request for records.

    (a) A request for Office of Inspector General records may be made 
in person during normal business hours at any office where Office of 
Inspector General employees are permanently stationed. Although oral 
requests may be honored, a requester may be asked to submit the request 
in writing. A written request may be addressed to:
    (1) Any Office of Inspector General employee at any location where 
that employee is permanently stationed; or
    (2) The Office of Inspector General, Department of Housing and 
Urban Development, Washington, DC 20410.
* * * * *
    4. Section 2002.17 is amended by revising paragraph (a) and the 
first sentence of paragraph (e) introductory text, to read as follows:


Sec. 2002.17  Time limitations.

    (a) Upon receipt of a request for records, the appropriate 
Assistant Inspector General or an appointed designee will determine 
within ten working days whether to grant the request. The Assistant 
Inspector General or designee will notify the requestor immediately in 
writing of the determination and the right of the person to request a 
review by the Inspector General of an adverse determination.
* * * * *
    (e) In unusual circumstances as specified in this paragraph, and 
subject to the concurrence of any Assistant Inspector General or 
appointed designee, the time limits prescribed in either paragraph (a) 
or (c) of this section may be extended. * * *
* * * * *
    5. Section 2002.19 is amended by revising the first sentence to 
read as follows:


Sec. 2002.19  Authority to release records or copies.

    Any Assistant Inspector General or an appointed designee is 
authorized to release any record (or copy) pertaining to activities for 
which he or she has primary responsibility, unless disclosure is 
clearly inappropriate under this part. * * *
    6. Section 2002.21 is amended by revising the first sentence of 
paragraph (a) introductory text, to read as follows:


Sec. 2002.21  Authority to deny requests for records and form of 
denial.

    (a) An Assistant Inspector General may deny a request for a record. 
* * *
* * * * *

PART 2003--IMPLEMENTATION OF THE PRIVACY ACT OF 1974

    7. The authority citation for part 2003 continues to read as 
follows:

    Authority: 5 U.S.C. 552a; 5 U.S.C. App. (Inspector General Act 
of 1978); 42 U.S.C. 3535(d).

    8. Section 2003.2 is revised to read as follows:


Sec. 2003.2  Definitions.

    For purposes of this part:
    Department means the OIG, except that in the context of 
Secs. 16.1(d); 16.11(b) (1), (3), and (4); and 16.12(e), when those 
sections are incorporated by reference, the term means the Department 
of Housing and Urban Development.
    Privacy Act Officer means an Assistant Inspector General.
    Privacy Appeals Officer means the Inspector General.
    9. Section 2003.4 is amended by revising the second sentence to 
read as follows:


Sec. 2003.4  Officials to receive requests and inquiries.

    * * * Written requests may be addressed to the appropriate Privacy 
Act Officer at: Office of Inspector General, Department of Housing and 
Urban Development, Washington, DC 20410.

    Dated: March 11, 1994.
Susan Gaffney,
Inspector General
[FR Doc. 94-7036 Filed 3-24-94; 8:45 am]
BILLING CODE 4210-01-P