[Federal Register Volume 60, Number 175 (Monday, September 11, 1995)]
[Rules and Regulations]
[Pages 47260-47263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22384]




[[Page 47259]]

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Part VI





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Secretary



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24 CFR Part 1 et al.



Elimination of Obsolete Parts; Final Rule

  Federal Register / Vol. 60, No. 175 / Monday, September 11, 1995 / 
Rules and Regulations  

[[Page 47260]]


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

24 CFR Subtitle A, and Parts 1, 3, 8, 11, 15, 16, 24, 39, 40, 49, 
86, 90, 103, 106, 120, 130, 200, 205, 209, 210, 211, 224, 225, 226, 
227, 228, 229, 238, 240, 250, 270, 271, 277, 278, 500, 511, 575, 
577, 578, 579, 580, 595, 596, 598, 599, 600, 811, 900, 907, 965, 
967, 1730, 1800, 1895, 2700

[Docket No. FR-3922-F-01]
RIN 2501-AC00


Elimination of Obsolete Parts

AGENCY: Office of the Secretary.

ACTION: Final rule.

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SUMMARY: This final rule removes from title 24 of the Code of Federal 
Regulations the Department's regulations and codified guidance which 
are unnecessary or obsolete. Following a review of existing HUD 
regulations in accordance with the President's regulatory reinvention 
initiative, the Department has determined that the regulatory parts and 
other codified materials identified in this rule are unnecessary to be 
retained in the Code of Federal Regulations because the parts address 
obsolete programs that have been repealed, are no longer funded, or by 
new legislation have been consolidated into other programs; no 
regulatory requirements are included in the parts and therefore the 
provisions of these parts need not be codified or can be provided 
through other non-rulemaking means; e.g., notices or handbooks; the 
parts cover expiring programs, that is, there are only a few 
outstanding mortgages or contracts, which will either continue to be 
administered under the regulations that existed immediately before 
October 11, 1995 or be directed under individual contracts or grant 
agreements; or the parts relate to functions that have been transferred 
to another agency.

EFFECTIVE DATE: October 11, 1995.

FOR FURTHER INFORMATION CONTACT: Camille E. Acevedo, Assistant General 
Counsel for Regulations, Department of Housing and Urban Development, 
Room 10276, 451 Seventh Street SW., Washington, DC 20410. Telephone: 
(202) 708-3055; TDD: (202) 708-3259.

SUPPLEMENTARY INFORMATION: President Clinton's memorandum of March 4, 
1995, titled ``Regulatory Reinvention Initiative'' directed heads of 
Federal departments and agencies to review all existing regulations to 
eliminate those that are outdated and modify others to increase 
flexibility and reduce burden. As a part of HUD's overall effort to 
reduce regulatory burden and streamline the content of title 24 of the 
Code of Federal Regulations, this rule removes those parts (and 
subdivisions of parts) which represent regulations and other materials 
which are unnecessary or obsolete, as further categorized and listed 
below. Guidance presently provided in appendices and non-regulatory 
guidance presently codified will be available through other non-
rulemaking means.
    To the extent that regulations are needed to implement new 
legislation, they will be issued separately from this document. Any 
determination to issue new regulations will be carefully considered to 
ensure that it is consistent with the President's regulatory reform 
efforts and the principles in Executive Order 12866.
    The Department has also reviewed its other existing regulations, 
and those regulations will be amended as appropriate to eliminate or 
revise outdated provisions, reduce burden, and increase flexibility. 
The Department is seeking appropriate statutory changes if legislative 
authority is required in order to achieve regulatory reform.
    Parts (and subdivisions of parts) obsolete because the programs 
have been repealed, are no longer funded, or by new legislation have 
been consolidated into other programs: 49, 90, Appendix D to Subtitle 
A, 103 (Appendix only), 120, 200 (subparts L and N only), 210, 211, 
229, 238, 250, 270, 271, 500, 575, 580, 595, 596, 598, 599, 600, 811 
(subpart B only), 965 (subpart F only), 1730, 1800, 1895, 2700.
    Parts and other guidance unnecessary because no regulatory 
requirements are included and the provisions need not be codified or 
can be provided through other non-rulemaking means; e.g., notices or 
handbooks: 1 (Appendix A only), 3, 8 (Appendices A and B only), 11, 15 
(subpart D only), 16 (Appendix A only), 24 (Appendices A, B, and C 
only), 39, 40 (Appendix A only), 86 (Appendices A and B only), 106, 200 
(subpart B only), 967.
    Parts for expiring programs, under which there are only a few 
outstanding mortgages or contracts:
    To the extent local programs are still ongoing under the following 
repealed parts or subparts, their repeal does not affect the 
requirements which apply to those programs under the applicable 
contracts or grant agreements.
    1. The programs associated with the following parts will continue 
to be administered under the regulations that existed immediately 
before October 11, 1995: 205, 209, 224, 225, 226, 227, 228, 240, 277, 
278.
    This rule amends 24 CFR part 200 to add a new subpart W, which 
lists the parts associated with expiring programs and states that any 
existing loan assistance, ongoing participation, or insured loans under 
these parts will continue to be governed by the regulations in effect 
as they existed immediately before October 11, 1995.
    2. The programs associated with the following parts will be 
directed by individual contracts or grant agreements, which may be 
unilaterally amended to incorporate the regulatory provisions being 
deleted by this rule: 511 (subpart C, E, and G only), 577, 578, 579, 
900, 907.
    Parts unnecessary because the functions have been transferred to 
another agency: 130.

Justification for Final Rule

    In accordance with 24 CFR part 10, it is the practice of the 
Department to offer interested parties the opportunity to comment on 
proposed regulations. However, these regulations merely remove 
unnecessary or obsolete regulatory provisions. Removal of these 
regulations does not establish or affect substantive policy. Therefore, 
the Department has determined that public comment is unnecessary and 
contrary to the public interest.

Other Matters

Environmental Finding

    A Finding of No Significant Impact with respect to the environment 
has been 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. The Finding of No Significant Impact is available for 
public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the 
Office of the Rules Docket Clerk, Office of the General Counsel, 
Department of Housing and Urban Development, Room 10276, 451 Seventh 
Street SW., Washington, DC 20410.

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 because this 
rule pertains to the administrative matter of removing obsolete or 
unnecessary parts from the Code of Federal Regulations. 

[[Page 47261]]


Executive Order 12612, Federalism

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that this rule 
does not have ``federalism implications'' because it does not have 
substantial direct effects on the States (including their political 
subdivisions), or on the distribution of power and responsibilities 
among the various levels of government.

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 significant impact on family formation, maintenance, and 
general well-being.

Semiannual Agenda

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

List of Subjects

24 CFR Part 1

    Administrative practice and procedure, Civil rights, Reporting and 
recordkeeping requirements.

24 CFR Part 3

    Authority delegations (Government agencies).

24 CFR Part 8

    Administrative practice and procedure, Civil rights, Equal 
employment opportunity, Grant programs--housing and community 
development, Individuals with disabilities, Loan programs--housing and 
community development, Reporting and recordkeeping requirements.

24 CFR Part 11

    Seals and insignia.

24 CFR Part 15

    Classified information, Courts, Freedom of information, Government 
employees, Reporting and recordkeeping requirements.

24 CFR Part 16

    Privacy.

24 CFR Part 24

    Administrative practice and procedure, Drug abuse, Government 
contracts, Government procurement, Grant programs, Loan programs, 
Reporting and recordkeeping requirements.

24 CFR Part 39

    Energy conservation, Housing, Loan programs--housing and community 
development.

24 CFR Part 40

    Individuals with disabilities, Public housing, Reporting and 
recordkeeping requirements.

24 CFR Part 49

    Aliens, Grant programs--housing and community development, Loan 
programs--housing and community development, Mortgage insurance.

24 CFR Part 86

    Administrative practice and procedure, Lobbying (Government 
agencies), Reporting and recordkeeping requirements.

24 CFR Part 90

    Community facilities, Grant programs--housing and community 
development, Grant programs--social programs, Homeless, Reporting and 
recordkeeping requirements.

24 CFR Part 103

    Administrative practice and procedure, Aged, Fair housing, 
Individuals with disabilities, Intergovernmental relations, 
Investigations, Mortgages, Penalties, Reporting and recordkeeping 
requirements.

24 CFR Part 106

    Administrative practice and procedure, Aged, Fair housing, 
Individuals with disabilities, Mortgages.

24 CFR Part 120

    Fair housing, Grant programs--housing and community development.

24 CFR Part 130

    Administrative practice and procedure, Equal employment 
opportunity, Government contracts, Housing, Reporting and recordkeeping 
requirements.

24 CFR Part 200

    Administrative practice and procedure, Claims, Equal employment 
opportunity, Fair housing, Home improvement, Housing standards, 
Incorporation by reference, Lead poisoning, Loan programs--housing and 
community development, Minimum property standards, Mortgage insurance, 
Organization and functions (Government agencies), Penalties, Reporting 
and recordkeeping requirements, Social security, Unemployment 
compensation, Wages.

24 CFR Part 205

    Community facilities, Mortgage insurance, Reporting and 
recordkeeping requirements.

24 CFR Part 209

    Mortgage insurance.

24 CFR Part 210

    Mortgage insurance, Reporting and recordkeeping requirements.

24 CFR Part 211

    Mortgage insurance, Reporting and recordkeeping requirements.

24 CFR Part 224

    Military personnel, Mortgage insurance, Reporting and recordkeeping 
requirements.

24 CFR Part 225

    Military personnel, Mortgage insurance.

24 CFR Part 226

    Government employees, Mortgage insurance.

24 CFR Part 227

    Federally affected areas, Military personnel, Mortgage insurance, 
Reporting and recordkeeping requirements.

24 CFR Part 228

    Federally affected areas, Mortgage insurance, National defense.

24 CFR Part 229

    Federally affected areas, Mortgage insurance, National defense, 
Reporting and recordkeeping requirements.

24 CFR Part 238

    Insurance, Investments, Low and moderate income housing, Reporting 
and recordkeeping requirements.

24 CFR Part 240

    Mortgage insurance.

24 CFR Part 250

    Intergovernmental relations, Low and moderate income housing, 
Mortgage insurance.

24 CFR Part 270

    Appalachia, Grant programs--housing and community development, Loan 
programs--housing and community development, Low and moderate income 
housing.

24 CFR Part 271

    Grant programs--housing and community development, Loan programs--
housing and community development, Low and moderate income housing, 
Technical assistance. 

[[Page 47262]]


24 CFR Part 277

    Aged, Individuals with disabilities, Loan programs--housing and 
community development, Low and moderate income housing.

24 CFR Part 278

    Aged, Grant programs--housing and community development, 
Individuals with disabilities, Low and moderate income housing, 
Nutrition.

24 CFR Part 500

    Grant programs--housing and community development, Loan programs--
housing and community development, Urban renewal.

24 CFR Part 511

    Administrative practice and procedure, Grant programs--housing and 
community development, Lead poisoning, Low and moderate income housing, 
Reporting and recordkeeping requirements, Technical assistance.

24 CFR Part 575

    Civil rights, Community facilities, Grant programs--housing and 
community development, Grant programs--social programs, Homeless, 
Reporting and recordkeeping requirements.

24 CFR Part 577

    Community facilities, Employment, Grant programs--housing and 
community development, Grant programs--social programs, Individuals 
with disabilities, Homeless, Indians, Mental health programs, Nonprofit 
organizations, Reporting and recordkeeping requirements, Technical 
assistance.

24 CFR Part 578

    Community facilities, Grant programs--housing and community 
development, Grant programs--social programs, Individuals with 
disabilities, Homeless, Mental health programs, Nonprofit 
organizations, Reporting and recordkeeping requirements, Technical 
assistance.

24 CFR Part 579

    Community facilities, Grant programs--housing and community 
development, Grant programs--social programs, Homeless, Reporting and 
recordkeeping requirements.

24 CFR Part 580

    Grant programs--housing and community development, Urban renewal.

24 CFR Part 595

    Community development, Grant programs--housing and community 
development, Urban renewal.

24 CFR Part 596

    Community development, Indians, Intergovernmental relations.

24 CFR Part 598

    Community facilities, Loan programs--housing and community 
development, Reporting and recordkeeping requirements.

24 CFR Part 599

    Grant programs--housing and community development, Grant programs--
natural resources, Public lands.

24 CFR Part 600

    American Samoa, Community facilities, Energy conservation, 
Environmental protection, Grant programs--housing and community 
development, Guam, Housing, Indians, Intergovernmental relations, 
Northern Mariana Islands, Pacific Islands Trust Territory, Reporting 
and recordkeeping requirements, Virgin Islands.

24 CFR Part 811

    Public housing, Securities, Taxes.

24 CFR Part 900

    Grant programs--housing and community development, Rent subsidies.

24 CFR Part 907

    Low and moderate income housing, Public housing, Reporting and 
recordkeeping requirements.

24 CFR Part 965

    Energy conservation, Government procurement, Grant programs--
housing and community development, Lead poisoning, Loan programs--
housing and community development, Public housing, Reporting and 
recordkeeping requirements, Utilities.

24 CFR Part 967

    Grant programs--housing and community development, Public housing.

24 CFR Part 1730

    Consumer protection, Land sales.

24 CFR Part 1800

    Energy conservation, Grant programs--energy, Loan programs--energy, 
Penalties, Reporting and recordkeeping requirements, Solar energy.

24 CFR Part 1895

    Energy conservation, Organization and functions (Government 
agencies), Seals and insignia, Solar energy.

24 CFR Part 2700

    Loan programs--housing and community development, Mortgage 
insurance, Mortgages.

    Accordingly, pursuant to the Secretary's authority under 42 U.S.C. 
3535(d), subtitle A and chapters I, II, V, VI, VIII, IX, X, XI, and XV 
of title 24 of the Code of Federal Regulations are amended as follows:

Subtitle A--[Amended]

    1. Subtitle A is amended by removing:
    a. Appendix A from part 1;
    b. Part 3;
    c. Appendices A and B from part 8;
    d. Part 11;
    e. Subpart D from part 15;
    f. Appendix A from part 16;
    g. Appendices A, B, and C from part 24;
    h. Part 39;
    i. Appendix A from part 40;
    j. Part 49;
    k. Appendices A and B from part 86;
    l. Part 90; and
    m. Appendix D to subtitle A.

Chapter I--[Amended]

    2. Chapter I is amended by removing:
    a. The appendix from part 103; and
    b. Parts 106, 120, and 130.

Chapter II--[Amended]

    3. Chapter II is amended by amending part 200 by removing subparts 
B, L, and N, and by adding a new subpart W, consisting of 
Sec. 200.1301, to read as follows:

PART 200--INTRODUCTION

* * * * *

Subpart W--Administrative Matters


Sec. 200.1301  Expiring Programs--Savings Clause.

    No new loan assistance, additional participation, or new loans are 
being insured under the programs listed below. Any existing loan 
assistance, ongoing participation, or insured loans under these 
programs will continue to be governed by the regulations in effect as 
they existed immediately before October 11, 1995:

Part 205  Mortgage Insurance for Land Development [Title X]
Part 209  Individual Homes; War Housing Mortgage Insurance [Sec. 
603]
Part 224  Armed Services Housing--Military Personnel [Sec. 803]
Part 225  Military Housing Insurance [Sec. 803] 

[[Page 47263]]

Part 226  Armed Services Housing--Civilian Employees [Sec. 809]
Part 227  Armed Services Housing--Impacted Areas [Sec. 810]
Part 228  Individual Residences; National Defense Housing Mortgage 
Insurance [Sec. 903]
Part 240  Mortgage Insurance on Loans for Fee Title Purchase
Part 277  Loans for Housing for the Elderly or Handicapped
Part 278  Mandatory Meals Program in Multifamily Rental or 
Cooperative Projects for the Elderly or Handicapped

Chapter II--[Amended]

    4. Chapter II is further amended by removing parts 205, 209, 210, 
211, 224, 225, 226, 227, 228, 229, 238, 240, 250, 270, 271, 277, and 
278.

Chapter V--[Amended]

    5. Chapter V is amended by removing:
    a. Part 500;
    b. Subparts C, E, and G from part 511; and
    c. Parts 575, 577, 578, 579, 580, 595, 596, 598, and 599.

Chapter VI--[Amended]

    6. Chapter VI is amended by removing part 600.

Chapter VIII--[Amended]

    7. Chapter VIII is amended by removing subpart B from part 811.

Chapter IX--[Amended]

    8. Chapter IX is amended by removing:
    a. Parts 900 and 907;
    b. Subpart F from part 965; and
    c. Part 967.

Chapter X--[Amended]

    9. Chapter X is amended by removing part 1730.

Chapter XI--[Amended]

    10. Chapter XI is amended by removing parts 1800 and 1895.

Chapter XV--[Amended]

    11. Chapter XV is amended by removing part 2700.

    Dated: August 30, 1995.
Henry G. Cisneros,
Secretary.
[FR Doc. 95-22384 Filed 9-8-95; 8:45 am]
BILLING CODE 4210-32-P