[Federal Register Volume 59, Number 75 (Tuesday, April 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9391]
[[Page Unknown]]
[Federal Register: April 19, 1994]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 24
[Docket No. R-94-1721; FR-3695--01]
RIN 2501-AB73
Limited Denial of Participation; Technical Amendment
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
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SUMMARY: This final rule makes two technical changes to 24 CFR 24.700.
One change corrects the designations of HUD officials who have
authority to order Limited Denial of Participation actions, based on
HUD's Field structure reorganization. The other change corrects the
spelling of a word in the regulation.
EFFECTIVE DATE: May 19, 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; (TDD) (202) 708-3259. (These are not toll-free
numbers.)
SUPPLEMENTARY INFORMATION: HUD's regulation at 24 CFR 24.700 is being
amended to eliminate the designation of authority to order Limited
Denials of Participation (LDP) by specifically listed positions. The
positions listed will not be accurate after HUD's Field Office
restructuring because the positions and functions of certain Department
officials will be changed.
In November 1993, the Secretary announced the reorganization of
HUD's field structure to improve HUD's performance and provide HUD's
customers--members of the public and program beneficiaries--more
efficient service and less bureaucracy by empowering HUD employees to
serve HUD's customers more effectively. In implementing this objective,
the Secretary determined to remove the Regional organizational layer
and provide officials at lower organizational levels full authority to
carry out program functions, with these field office officials
reporting directly to program officials. The ordering of LDP actions
will assist in achieving the Secretary's objective.
Currently, Sec. 24.700 designates authority to order LDPs to
Regional Administrators, Office Managers, the Director of an Office of
Indian Programs, or the Deputy Assistant Secretary for Single Family
Housing. This amendment will give a broad designation of authority to
unspecified Department officials, similar to the authority set forth in
HUD's debarment regulations at Sec. 24.105(g).
On September 11, 1993, the President issued Executive Order 12861,
which requires each Executive department and agency to undertake to
eliminate within three 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. Section 24.700 is a civilian internal
management regulation of the type referenced in the Executive Order.
The Secretary of HUD has determined that listing specific position
titles in 24 CFR 24.700 is not required by law and can be accomplished
through published delegations of authority.
A notice of Delegation from the Secretary, delegating the
Secretary's Authority to order LDPs to the Department's Assistant
Secretaries, with authority to redelegate, was published on April 15,
1994 in the Federal Register.
Finally, the word ``mortgages'' in Sec. 24.700 is being corrected
to read ``mortgagees.''
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, Sec. 10.1 provides
that notice and public procedure may be omitted with respect to rules
governing the Department's organization or its own internal practices
or procedures. The amendment being made in this document is such a
rule.
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 whose content does 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 in 24 CFR Part 24
Administrative practice and procedure, Drug abuse, Government
contracts, Government procurement, Grant programs, Loan programs,
Reporting and recordkeeping requirements.
For the reasons set out in the preamble, title 24 of the Code of
Federal Regulations is amended as follows:
PART 24--GOVERNMENT DEBARMENT AND SUSPENSION AND GOVERNMENTWIDE
REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority citation for part 24 is revised to read as
follows:
Authority: Executive Order 12549; 41 U.S.C. 701 et seq.; 42
U.S.C. 3535(d).
2. Section 24.700 is revised to read as follows:
Sec. 24.700 General.
Officials who may order a limited denial of participation. HUD
officials, as designated by the Secretary, are authorized to order a
limited denial of participation affecting any participant or contractor
and its affiliates, except HUD-FHA approved mortgagees. In each case,
even if the offense or violation is of a criminal, fraudulent or other
serious nature, the decision to order a limited denial of participation
shall be discretionary and in the best interests of the Government.
Dated: April 5, 1994.
Henry G. Cisneros,
Secretary.
[FR Doc. 94-9391 Filed 4-18-94; 8:45 am]
BILLING CODE 4210-32-P