[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Rules and Regulations]
[Pages 28325-28326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13221]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity

24 CFR Part 135

[Docket No. R-95-1677; FR-2898-F-03]
RIN 2529-AA49


Economic Opportunities for Low- and Very Low-Income Persons; 
Notice of Extension of Effective Date for Interim Rule

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity, HUD.

ACTION: Final rule; Extension of effective period of interim rule.

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SUMMARY: This rule extends the effective period for HUD's interim rule 
that amended part 135 to implement the comprehensive changes made to 
section 3 of the Housing and Urban Development Act of 1968 by the 
Housing and Community Development Act of 1992, until HUD publishes the 
final rule for this program.

EFFECTIVE DATE: This rule, which extends the effective period of the 
interim rule, is effective June 30, 1995.
    The effective period for 24 CFR part 135 is extended from June 30, 
1995 until the final rule implementing the comprehensive changes made 
to section 3 of the Housing and Urban Development Act of 1968 by the 
Housing and Community Development Act of 1992, is published and becomes 
effective.

FOR FURTHER INFORMATION CONTACT: John Waller, Office of Economic 
Opportunity, Room 5232, Department of Housing and Urban Development, 
451 Seventh Street, SW, Washington, DC 20410, telephone (202) 708-2251 
(voice/TDD). (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION:

I. Justification for Final Rulemaking

    In general, HUD 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 provides 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). HUD finds that good 
cause exists to publish this rule for effect without first soliciting 
public comment, because prior public procedure is unnecessary. This 
final rule is technical, in that it merely extends the effective period 
for existing regulations, and it effects no substantive change to those 
regulations. The public has had an opportunity to comment on the 
substance of the regulations, as the interim rule for this program was 
published subject to the normal 60-day public comment period, and the 
interim rule was preceded by a proposed rule which also provided a 60-
day public comment period.

II. Background

    On June 30, 1994 (59 FR 33866), HUD published an interim rule that 
amended 24 CFR part 135 to implement comprehensive changes made to 
section 3 of the Housing and Urban Development Act of 1968 by the 
Housing and Community Development Act of 1992. Section 3, as amended, 
requires that economic opportunities generated by certain HUD financial 
assistance for housing (including public and Indian housing) and 
community development programs shall, to the greatest extent feasible, 
be given to low- and very low-income persons, particularly those who 
are recipients of government assistance for housing, and to businesses 
that provide economic opportunities for these persons.
    The preamble to the interim rule described HUD's policy of setting 
an expiration date for an interim rule that is effective unless a final 
rule is published before that date. This ``sunset'' provision appears 
in Sec. 135.2 of the interim rule, and provides that the interim rule 
will expire on June 30, 1995, which is 12 months after the publication 
date.
    The final rule amending 24 CFR part 135 to implement the 
comprehensive changes made to section 3 of the Housing and Urban 
Development Act of 1968 (12 U.S.C. 1701u), by the Housing and Community 
Development Act of 1992, is in its last stages of review, and 
publication is anticipated in June 1995. However, in order to prevent a 
period in which the Department will be without effective regulations, 
HUD is extending the effective period of the interim rule 
[[Page 28326]] until the final rule is published and becomes effective.
III. Other Matters

National Environmental Policy Act

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with HUD regulations at 24 CFR part 50 
implementing section 102(2)(C) of the National Environmental Policy Act 
of 1969, 42 U.S.C. 4332. The Finding of No Significant Impact is 
available for public inspection and copying between 7:30 a.m. and 5:30 
p.m. weekdays at the Office of Rules Docket Clerk, 451 Seventh Street, 
SW, room 10276, Washington, DC 20410-0500.

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 the rule will not have a significant 
economic impact on a substantial number of small entities. The rule 
merely extends the effective period for the interim rule.

Executive Order 12606, The Family

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that the rule may have the 
potential to promote family formation, maintenance, and general well-
being. If the revised part 135 regulations, implemented by this rule, 
contribute to successful implementation of section 3, an increased 
number of low-income persons will be employed which may promote family 
unification and general well-being. Since the impact of this rule is 
anticipated to be beneficial, no further review under the Order is 
necessary.

Executive Order 12611, Federalism

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12611, Federalism, has determined that the rule will 
not have a substantial, direct effect on the States or on the 
relationship between the Federal government and the States, or on the 
distribution of power or responsibilities among the various levels of 
government. The rule provides, consistent with section 3, that the 
preference requirements of section 3 are to be carried out consistent 
with existing Federal, State, and local laws and regulations.

Semiannual Agenda of Regulations

    The rule implementing this program was listed as sequence number 
1511 in the HUD's Semiannual Agenda of Regulations published on May 8, 
1995 (60 FR 23368, 23399) under Executive Order 12866 and the 
Regulatory Flexibility Act.

List of Subjects in 24 CFR Part 135

    Administrative practice and procedure, Community development, Equal 
employment opportunity, Government contracts, Grant programs--housing 
and community development, Housing, Loan programs--housing and 
community development, Reporting and recordkeeping requirements, Small 
businesses.

    In accordance with the reasons set forth in the preamble, 24 CFR 
part 135 is amended as follows:

PART 135--ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME 
PERSONS

    1. The authority citation for 24 CFR part 135 continues to read as 
follows:

    Authority: 12 U.S.C. 1701u; 42 U.S.C. 3535(d).

    2. Section 135.2 is revised to read as follows:


Sec. 135.2  Effective date of regulation.

    The regulations of this part will remain in effect until the date 
the final rule adopting the regulations of this part with or without 
changes is published and becomes effective, at which point the final 
rule will remain in effect.

    Dated: May 23, 1995.
Elizabeth K. Julian,
Acting Deputy Assistant Secretary for Policy and Initiatives.
[FR Doc. 95-13221 Filed 5-30-95; 8:45 am]
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