[Federal Register Volume 59, Number 222 (Friday, November 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28511]


[[Page Unknown]]

[Federal Register: November 18, 1994]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 880, 881, and 883

[Docket No. R-94-1671; FR-3122-F-05]
RIN 2501-AB35

 

Preferences for Admission to Assisted Housing; Correction to 
Final Rule

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule; correction.

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SUMMARY: This document revises the applicability provisions of 
regulations for the Section 8 new construction and substantial 
rehabilitation programs. These applicability provisions state that the 
management requirements of the rules do not apply to projects that came 
under contract with HUD before the date of issuance of a major revision 
of those rules published in 1979-80. Since the changes to the system of 
Federal and local preferences for admission to the new construction and 
substantial rehabilitation programs that were made by a 1990 statute 
apply to all projects operated under these programs, this final rule 
makes a technical correction to the applicability sections to provide 
that the HUD regulations implementing the statutory Federal preference 
system apply to all Section 8 new construction and substantial 
rehabilitation (including State Housing Agency administered) projects 
under these rules.

EFFECTIVE DATE: December 19, 1994.

FOR FURTHER INFORMATION CONTACT: Barbara D. Hunter, Acting Director, 
Planning and Procedures Division, Office of Multifamily Housing, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Washington, DC 20410, telephone (202) 708-3944 (voice); (202) 708-4594 
(TDD). These telephone numbers are not toll-free.

SUPPLEMENTARY INFORMATION:

I. Background

    The applicability sections of the Section 8 Housing Assistance 
Payments Programs for New Construction, Substantial Rehabilitation, and 
State Housing Agencies (Secs. 880.104(b), 881.104(b), and 883.105(b)) 
currently state that the subpart dealing with management of projects, 
which includes the preference requirements, applies to projects ``for 
which an Agreement [to Enter into Housing Assistance Payments Contract] 
was not executed before the effective date of these revised 
regulations.''
    The ``revised regulations'' referenced in these provisions were the 
ones published in late 1979 and early 1980 for the three different 
programs. For the New Construction program, the regulations were 
published on October 15, 1979 (44 FR 59410); for the Substantial 
Rehabilitation program, the regulations were published on January 31, 
1980 (45 FR 7085); and for the State Housing Agency program, the 
regulations were published on January 30, 1980 (45 FR 6889).

II. Applicability of Preference Requirements

    The subject of Federal preference in admissions to these programs 
has been addressed in subsequent amendments of the management subpart 
of these regulations, including the final rule published on July 18, 
1994 (59 FR 36616). The Federal preference requirements, now stated in 
a 1990 statutory provision (section 545(c) of the Cranston-Gonzalez 
National Affordable Housing Act, 104 Stat. 4220, 42 U.S.C. 1437f note), 
apply to all Section 8 new construction and substantial rehabilitation 
(including State Housing Agency administered) projects. The date the 
Agreement between the Department and the project owner was executed 
does not affect the applicability of the 1990 preference requirements. 
Consequently, the applicability sections of the regulations for these 
programs should have been changed in the July 1994 rule on preferences, 
and this correction is being published to clarify that the Federal 
preference regulations (Secs. 880.613-880.617, 881-613-881.617, and 
883.714-883.718) do apply to all Section 8 new construction and 
substantial rehabilitation projects, regardless of the date of 
execution of the Agreement.

III. Findings and Certifications

A. Impact on the Environment

    A Finding of No Significant Impact with respect to the environment 
was made in accordance with HUD regulations at 24 CFR part 50 that 
implement section 102(2)(C) of the National Environmental Policy Act of 
1969, 42 U.S.C. 4332, in connection with the previous final rule on 
preferences. The Finding of No Significant Impact is available for 
public inspection and copying during regular business hours (7:30 a.m. 
to 5:30 p.m.) in the Office of the Rules Docket Clerk, room 10276, 451 
Seventh Street, SW, Washington, DC 20410-0500.

B. Federalism Impact

    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 have impact on States or their political 
subdivisions only to the extent required by the statute being 
implemented. Since the rule merely carries out a statutory mandate and 
does not create any new significant requirements, it is not subject to 
review under the Executive Order.

C. Impact on 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. 
The rule merely carries out the mandate of federal statute with respect 
to admission preferences.

D. Impact on Small Entities

    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 will not have a significant 
impact on a substantial number of small entities, because it does not 
place major burdens on housing owners.

E. Regulatory Agenda

    This rule was listed as item 1764 in the Department's Semiannual 
Regulatory Agenda published on November 14, 1994 (59 FR 57632, 57648) 
in accordance with Executive Order 12866 and the Regulatory Flexibility 
Act.

F. Catalog

    The Catalog of Federal Domestic Assistance number for the programs 
affected by this rule is 14.182.

List of Subjects

24 CFR Part 880

    Grant programs--housing and community development, Rent subsidies, 
Reporting and recordkeeping requirements.

24 CFR Part 881

    Grant programs--housing and community development, Rent subsidies, 
Reporting and recordkeeping requirements.

24 CFR Part 883

    Grant programs--housing and community development, Rent subsidies, 
Reporting and recordkeeping requirements.

    Accordingly, chapter VIII of title 24 of the Code of Federal 
Regulations is amended as follows:

PART 880--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR NEW 
CONSTRUCTION

    1. The authority citation for part 880 continues to read as 
follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-
13619.

    2. In Sec. 880.104, a new paragraph (d) is added, to read as 
follows:


Sec. 880.104  Applicability of revised regulation.

* * * * *
    (d) Notwithstanding the provisions of paragraph (b) of this 
section, the provisions of Secs. 880.613 through 880.617 (concerning 
preferences for selection of applicants) apply to all projects, 
regardless of when an Agreement was executed.

PART 881--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR 
SUBSTANTIAL REHABILITATION

    3. The authority citation for part 881 continues to read as 
follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), 12701, and 
13611-13619.

    4. In Sec. 881.104, a new paragraph (d) is added, to read as 
follows:


Sec. 881.104  Applicability of revised regulation.

* * * * *
    (d) Notwithstanding the provisions of paragraph (b) of this 
section, the provisions of Secs. 881.613 through 881.617 (concerning 
preferences for selection of applicants) apply to all projects, 
regardless of when an Agreement was executed.

PART 883--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM--STATE 
HOUSING AGENCIES

    5. The authority citation for part 883 continues to read as 
follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-
13619.
    6. In Sec. 883.105, a new paragraph (d) is added, to read as 
follows:


Sec. 883.105  Applicability of revised regulation.

* * * * *
    (d) Notwithstanding the provisions of paragraph (b) of this 
section, the provisions of Secs. 883.714 through 883.718 (concerning 
preferences for selection of applicants) apply to all projects, 
regardless of when an Agreement was executed.

    Dated: October 31, 1994.
Nicolas P. Retsinas,
Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 94-28511 Filed 11-17-94; 8:45 am]
BILLING CODE 4210-27-P