[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Rules and Regulations]
[Page 50802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24339]




[[Page 50801]]

_______________________________________________________________________

Part XIII





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Secretary



_______________________________________________________________________



24 CFR Part 91



Consolidated Submission for Community Planning and Development 
Programs; Final Rule

  Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / 
Rules and Regulations   

[[Page 50802]]


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

24 CFR Part 91

[Docket No. FR 3611-F-11]


Consolidated Submission for Community Planning and Development 
Programs

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: As part of HUD's efforts to streamline the requirements for 
its formula grant programs, the Department's regulations consolidate 
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. This final rule 
amends the Department's consolidated plan regulations to state that the 
Secretary, upon a finding of good cause, may waive these regulatory 
provisions.

EFFECTIVE DATE: October 30, 1995.

FOR FURTHER INFORMATION CONTACT: Joseph F. Smith, Director, Office of 
Executive Services, Office of Community Planning and Development, 451 
Seventh Street, SW., Washington DC 20410-7000, telephone (202) 708-1283 
(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: The Department's regulations at 24 CFR part 
91 consolidate 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. This 
final rule amends the Department's consolidated plan regulations to 
state that the Secretary, upon a finding of good cause, may waive non-
statutory provisions of part 91.
    The Department, in a final rule published on January 5, 1995 (60 FR 
1878), completely revised part 91 to establish the consolidated plan 
requirements. The January 5, 1995 rule marked a major Departmental 
effort to consolidate and streamline the submission requirements for 
its formula grant programs. Prior to publication of the January 5, 1995 
rule, Sec. 91.99 stated that the Secretary has the authority to waive 
non-statutory provisions of part 91. The January 5, 1995 did not 
contain a corresponding provision. This final rule amends part 91 by 
setting forth the Secretary's waiver authority in a new Sec. 91.600.

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 the Department determines that it is 
``impracticable, unnecessary, or contrary to the public interest'' (24 
CFR 10.1).
    In this case, the Department finds that it is unnecessary to 
provide for prior public procedure. The Secretary of HUD has the 
authority to waive non-statutory provisions of the Department's 
regulations. This final rule merely amends the Department's 
consolidated plan requirements to include a provision stating that the 
Secretary may waive any non-statutory requirement of part 91.

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. 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.

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.

Regulatory Flexibility Act

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)) has reviewed and approved this rule, and in so doing 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities. There are no anti-competitive 
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 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:
    1. The authority citation for part 91 continues to read as follows:

    Authority: 42 U.S.C. 3535(d), 3601-3619, 5301-5315, 11331-11388, 
12701-12711, 12741-12756, and 12901-12912.

    2. Section 91.600 is added to read as follows:


Sec. 91.600  Waiver Authority

    Upon determination of good cause, HUD may, subject to statutory 
limitations, waive any provision of this part. Each such waiver must be 
in writing and must be supported by documentation of the pertinent 
facts and grounds.

    Dated: September 26, 1995.
Henry G. Cisneros,
Secretary.
[FR Doc. 95-24339 Filed 9-28-95; 8:45 am]
BILLING CODE 4210-32-P