[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Rules and Regulations]
[Pages 45042-45043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21587]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Community Planning and 
Development

24 CFR Part 91

[Docket No. FR 3611-F-10]


Consolidated Submission for Community Planning and Development 
Programs

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, HUD.

ACTION: Final rule.

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SUMMARY: As part of HUD's effort to consolidate and streamline 
submission requirements for the four formula grant programs, the 
Department published in the Federal Register on January 5, 1995, a 
final rule that consolidated 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. The purpose of this rule is to make an amendment to 
the deadline for submission of the Consolidated Plan in order to 
receive Community Development Block Grant funds.

EFFECTIVE DATE: September 29, 1995.

FOR FURTHER INFORMATION CONTACT: James R. Broughman, Director, Office 
of Block Grant Assistance, Office of Community Planning and 
Development, 451 Seventh Street, SW., Washington, DC 20410-7000, 
telephone (202) 708-3587 (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: On January 5, 1995 (60 FR 1878), the 
Department published in the Federal Register, a final rule that 
consolidated 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. The 
purpose of this rule is to make an amendment to the deadline for 
submission of the Consolidated Plan in order to receive Community 
Development Block Grant funds.
    The regulation requires jurisdictions to align the program years 
for the four formula programs and to submit the Consolidated Plan 45 
days before the start of the program year instead of the 30 days 
previously recommended for submission of the CDBG Final Statement. The 
final date for submission of all Consolidated Plans was established as 
August 16. The final date previously established for submission of all 
CDBG final statements had been the first working day in September. To 
provide maximum flexibility during this transition period, HUD is 
amending the Consolidated Plan rule to permit the submission of the 
Consolidated Plan for Fiscal Year 1995 to be made not later than 
September 30, 1995.

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 HUD determines that it is ``impracticable, 
unnecessary, or contrary to the public interest'' (24 CFR 10.1).
    In this case, HUD finds that publishing this rule providing for a 
new consolidated plan deadline for FY 1995 for public comment would be 
impracticable and contrary to the public interest. Maximum flexibility 
in submitting consolidated plans during this first year of transition 
following publication of the final rule establishing the consolidated 
plan is in the public interest. The time necessary to allow for public 
comment would preclude the possibility of making the rule effective 
before the extended deadline date of September 30, 1995. It would be 
impracticable, therefore, to extend greater flexibility to grantees if 
a public comment period was provided before the rule takes effect.

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. 

[[Page 45043]]
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.

Regulatory Agenda

    This rule was not listed in the Department's Semiannual Agenda of 
Regulations published on May 8, 1995 (60 FR 23368) in accordance with 
Executive Order 12866 and the Regulatory Flexibility Act.

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. The change made by this rule 
increases flexibility for jurisdictions during the FY 1995 transition 
year.

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:

PART 91--[AMENDED]

    1. The authority citation for part 91 continues to read as follows:

    Authority: 432 U.S.C. 3535(d), 3601-3619, 5301-5315, 11331-
11388, 12701-12711, 12741-12756, and 12901-12912.

    2. In Sec. 91.15, paragraph (a)(2) is amended to read as follows:


Sec. 91.15  Submission date

    (a) * * *
    (2) In no event will HUD accept a submission earlier than November 
15 or later than August 16 of the Federal fiscal year for which the 
grant funds are appropriated, except for Fiscal Year 1995 in which HUD 
will accept a submission no later than September 30, 1995. (Failure to 
submit the plan by August 16 will automatically result in a loss of the 
CDBG funds to which the jurisdiction would otherwise be entitled, 
except for Fiscal Year 1995).
* * * * *
    Dated: August 25, 1995.
Kenneth C. Williams,
Deputy Assistant Secretary for Grant Programs.
[FR Doc. 95-21587 Filed 8-29-95; 8:45 am]
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