[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Rules and Regulations]
[Pages 4875-4876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2856]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

24 CFR Part 86

[Docket No. FR-4009-F-01]


Elimination of Requirements Governing the Lobbying of HUD 
Personnel; Removal of 24 CFR Part 86

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

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SUMMARY: This final rule removes part 86 from title 24 of the Code of 
Federal Regulations. Part 86, which was promulgated to comply with 
section 13 of the Department of Housing and Urban Development Act (42 
U.S.C. 3537b), established recordkeeping, reporting, and registration 
requirements governing attempts to influence HUD programs. It also 
placed limitations on the fees paid to consultants who are engaged to 
influence the award or allocation of the Department's financial 
assistance. Effective January 1, 1996, the Lobbying Disclosure Act of 
1995 (Pub. L. 104-65, approved December 19, 1995) repealed the 
authority for part 86--section 13 of the Department of Housing and 
Urban Development Act. This rule conforms the Code of Federal 
Regulations to this repeal.

EFFECTIVE DATE: March 11, 1996.

FOR FURTHER INFORMATION CONTACT: Aaron Santa Anna, Assistant General 
Counsel, Ethics Law Division; Office of General Counsel; Room 2158; 
U.S. Department of Housing and Urban Development; 451 Seventh Street, 
SW., Washington, DC 20410-0500; telephone (202) 708-0836. Hearing or 
speech-impaired individuals may call HUD's TDD number (202) 708-0113, 
or 1-800-877-8399 (Federal Information Relay Service TDD). (Other than 
the ``800'' number, these are not toll-free numbers.)

SUPPLEMENTARY INFORMATION: Section 112 of the Department of Housing and 
Urban Development Reform Act of 1989 (Pub. L. 101-235, approved 
December 15, 1989) added a new section 13 to the Department of Housing 
and Urban Development Act, 42 U.S.C. 3531, et seq. Section 13 contained 
two principal features. The first established the standards under 
which:

--Persons that make expenditures to influence a HUD officer or employee 
in the award of financial assistance or the taking of a management 
action by the Department must keep records, and report to HUD, on the 
expenditures; and 

[[Page 4876]]

--Persons that are engaged to influence a HUD officer or employee in 
the award of financial assistance or the taking of a management action 
by the Department must register with HUD, and report to HUD on their 
lobbying activities.

    The second feature imposed limitations on the fees that may be paid 
to consultants who are engaged to influence the award or allocation of 
the Department's financial assistance.
    The requirements of Section 13 are codified at 24 CFR part 86.
    The Lobbying Disclosure Act of 1995 (Pub. L. 104-65, approved 
December 19, 1995) established government-wide lobbying procedures and 
requirements. Sections 11(b)(1) and 24(a) of the new law repealed 
section 13, effective January 1, 1996.
    The purpose of this rule is to remove part 86 to conform the Code 
of Federal Regulations to the new statutory authority.

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, this regulation relates to 
administrative procedures only and conforms the Code of Federal 
Regulations to existing law. The purpose of this rule is to remove part 
86 to conform the Code of Federal Regulations to the new statutory 
authority. Therefore, the Department has determined that public comment 
is unnecessary and contrary to the public interest.

Other Matters

A. Environmental Impact

    This final rule is categorically excluded from the NEPA 
requirements of HUD regulations at 24 CFR Sec. 50.20(k), which 
implement section 102(2)(C) of the National Environmental Policy Act of 
1969. The rule involves internal administrative procedures whose 
content does not constitute a developmental decision nor affect the 
physical condition of project areas or building sites.

B. Regulatory Flexibility Act

    The Secretary, in approving this rule for publication, certifies in 
accordance with 5 U.S.C. 605(b) (the Regulatory Flexibility Act) that 
this rule would not have a significant impact on a substantial number 
of small entities. This is a procedural rule only, conforming the Code 
of Federal Regulations to existing law.

C. Executive Order 12606, the Family

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that this final rule is 
procedural only, and 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.

D. Executive Order 12612, Federalism

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that this final 
rule is procedural only, and does not have substantial, direct effects 
on States, on their political subdivisions, or on their relationship 
with the Federal government, or on the distribution of power and 
responsibilities among the various levels of government.

List of Subjects in 24 CFR Part 86

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

    Accordingly, under the authority of 42 U.S.C. 3535(d), part 86 is 
removed from title 24 of the Code of Federal Regulations.

    Dated: February 2, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-2856 Filed 2-8-96; 8:45 am]
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