[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Rules and Regulations]
[Pages 7942-7944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4585]




[[Page 7941]]

_______________________________________________________________________

Part IV





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Secretary



_______________________________________________________________________



24 CFR Subtitle A, et al.



Elimination of Unnecessary Codifications; Final Rule

  Federal Register / Vol. 61, No. 41 / Thursday, February 29, 1996 / 
Rules and Regulations   

[[Page 7942]]


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

24 CFR Subtitle A, Subtitle B, and Parts 200, 202a, 222, 233, 241, 
260, 266, 267 and 850

[Docket No. FR-3993-F-01]
RIN 2501-AC14


Elimination of Unnecessary Codifications

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

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

SUMMARY: This final rule removes from title 24 of the Code of Federal 
Regulations the Department's codified appendices, parts, subparts, and 
text which are unnecessary. Following a review of existing HUD 
regulations in accordance with the President's regulatory reinvention 
initiative, the Department has determined that the codified appendices, 
parts, subparts, and text identified in this rule are unnecessary to be 
retained in the Code of Federal Regulations because the programs will 
not receive additional funding; no regulatory requirements are included 
in the codifications and, therefore, the provisions need not be 
codified or can be provided through other non-rulemaking means; e.g., 
notices or handbooks; the regulatory text is duplicative and can be 
found elsewhere; the program has ended; or there are only a few 
outstanding mortgages or contracts under the program.
    This final rule also removes several provisions describing cross-
cutting definitions and HUD's waiver authority that were not addressed 
in the Department's final rule creating part 5, which was published on 
February 9, 1996. Part 5 was designed to set forth those definitions 
and program requirements which cut across several of the Department's 
programs.

EFFECTIVE DATE: April 1, 1996.

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:

A. Elimination of Unnecessary Codifications

    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 appendices, parts, 
subparts, and text which are unnecessary. Guidance presently provided 
in these appendices 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.
    Appendices unnecessary because the programs will not receive 
additional funding: 24 CFR Subtitle A, Appendices A and B. Appendices A 
and B of Subtitle A, which contain the program guidelines for the HOPE 
1 and HOPE 2 programs will be removed.

    Note: HOPE 1 (Appendix A) implementation and planning grantees 
will comply with the HOPE 1 program guidelines published in the 
Federal Register on January 14, 1992, at 57 FR 1527, as modified by 
any subsequent Federal statutory enactments or executive orders. 
HOPE 2 (Appendix B) implementation and planning grantees will comply 
with the HOPE 2 program guidelines published in the Federal Register 
on January 14, 1992, at 57 FR 1562, as modified by any subsequent 
Federal statutory enactments or executive orders. Grantees for both 
programs also remain subject to any requirements set forth in the 
implementation or planning grant agreement, as applicable, including 
HUD handbooks and notices.

    Appendices and subparts 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: 24 CFR Subtitle B, Chapter I, Subchapter A, Appendices II, 
III and IV; 24 CFR part 200, subparts A, C, and D (except for 
Sec. 200.93); 24 CFR part 265.
    Removal of Appendices. Appendices II, III, and IV of Subtitle B, 
Chapter I, Subchapter II contain the Fair Housing Accessibility 
Guidelines, the preamble to the final Fair Housing Accessibility 
Guidelines, and a document entitled ``Questions and Answers about the 
Fair Housing Accessibility Guidelines. The Fair Housing Accessibility 
Guidelines are not mandatory, nor do they prescribe specific 
requirements which must be met and which if not met, would constitute 
unlawful discrimination under the Fair Housing Act. The purpose of the 
guidelines is to provide technical guidance on designing dwelling units 
as required by the Fair Housing Amendments Act. Removal of the 
Guidelines will make it easier for HUD to update the Guidelines, if 
necessary and appropriate, to address issues that may arise with 
respect to new types of designs for dwelling units (the CFR is updated 
only once a year).

    Note: Copies of the Fair Housing Accessibility Guidelines 
(Appendix II), the preamble to the final Fair Housing Act 
Accessibility Guidelines (Appendix III), and the document entitled 
``Questions and Answers about the Fair Housing Accessibility 
Guidelines'' (Appendix IV) are available from the Office of Fair 
Housing and Equal Opportunity, Department of Housing and Urban 
Development, Room 5230, 451 Seventh Street, SW, Washington, DC 
20410, telephone (202) 708-0288. 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.

    Removal of Subparts A, C and D from Part 200. Subparts A, C, and D 
of part 200 pertain to origin and establishment, organization and 
management, and delegations to particular positions, respectively. 
These provisions need not be codified (except for Sec. 200.93) and will 
be made available through non-rulemaking means. Section 200.93 
(presently contained in subpart D) pertains to the membership and 
functions of the Multifamily Participation Review Committee and is 
being retained as a new Sec. 200.227 within subpart H.
    Subpart unnecessary because the regulatory text is duplicative and 
can be found elsewhere by cross-reference: Subpart I of 24 CFR part 200 
is being removed except for Sec. 200.300, pertaining to 
nondiscrimination and fair housing policy, which is being retained with 
minor editorial revisions to maintain the cross-references to the 
controlling regulations.
    Part unnecessary because the program has ended or was never 
implemented: 24 CFR parts 202a and 260.
    Part 202a, which pertains to Title I Mortgage Insurance, is being 
removed because the program has expired. Part 260 pertains to Interest 
Subsidy Grants, for which regulations were promulgated, but the program 
was never implemented.
    Parts for expiring programs, under which there are only a few 
outstanding mortgages, contracts or grants: 24 CFR part 850.
    No new grants have been issued under part 850, the Housing 
Development Grants Program. This is an expiring program.


[[Page 7943]]

    Note: The grants associated with part 850 (Housing Development 
grants) will continue to be administered under the regulations that 
existed immediately before April 1, 1996.

    B. Cross-Cutting requirements. Continued consolidation of certain 
cross-cutting requirements.
    On February 9, 1996 (61 FR 5198), the Department published a final 
rule creating a new 24 CFR part 5. HUD established part 5 to set forth 
those requirements which are applicable to one or more program 
regulations. Consolidation of these requirements in part 5 will 
eliminate redundancy in title 24 and assist in the Department's overall 
efforts to streamline the content of its regulations.
    This rule removes Secs. 222.248, 233.248, 266.35, and 267.4 which 
set forth the Department's waiver authority. Further, this rule also 
removes the definition of the term ``Secretary'' in Sec. 241.1. HUD's 
waiver authority and the definition of ``Secretary'' are already set 
forth in 24 CFR part 5.

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 rule merely removes unnecessary 
appendices, parts, subparts and text from title 24 of the Code of 
Federal Regulations. Removal of these codifications 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 Review

    This rulemaking does not have an environmental impact. This 
rulemaking simply amends existing regulations by removing unnecessary 
provisions and does not alter the environmental effect of the 
regulations being amended. Findings of No Significant Impact with 
respect to the environment were made in accordance with HUD regulations 
in 24 CFR part 50 that implement section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332) at the time of 
development of the implementing regulations. Those Findings remain 
applicable to this rule and are available for public inspection between 
7:30 a.m. and 5:30 p.m. weekdays in the Office of the Rules Docket 
Clerk at the above address.

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 unnecessary 
codifications from the Code of Federal Regulations.

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.

List of Subjects

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 202a

    Mortgage insurance.

24 CFR Part 222

    Condominiums, Military personnel, Mortgage insurance.

24 CFR Part 233

    Home improvement, Loan programs--housing and community development, 
Mortgage insurance, Reporting and recordkeeping requirements.

24 CFR Part 241

    Energy conservation, Home improvement, Loan programs--housing and 
community development, Mortgage insurance, Reporting and recordkeeping 
requirements, Solar energy.

24 CFR Part 260

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

24 CFR Part 266

    Aged, Fair housing, Intergovernmental relations, Mortgage 
insurance, Low and moderate income housing, Reporting and recordkeeping 
requirements.

24 CFR Part 267

    Appraisals, Mortgage insurance, Property valuation, Reporting and 
recordkeeping requirements.

24 CFR Part 850

    Grant programs--housing and community development, Low and moderate 
income housing, Reporting and recordkeeping requirements.

    Accordingly, pursuant to the Secretary's authority under 42 U.S.C. 
3535(d), subtitle A, subtitle B, and parts 200, 202a, 222, 233, 241, 
260, 266, 267, and 850 of title 24 of the Code of Federal Regulations 
are amended as follows:

Subtitle A--Office of the Secretary, Department of Housing and Urban 
Development

Appendices A and B of Subtitle A [Removed]

    1. Appendices A and B to subtitle A are removed.

Subtitle B--Regulations Relating to Housing and Urban Development

CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Subchapter A--Fair Housing

Appendices II, III, and IV of Subtitle B, Chapter I, Subchapter A 
[Removed]

    2. Subtitle B, chapter I, subchapter A is amended by removing 
Appendices II, III, and IV.

PART 200--INTRODUCTION

    3. Part 200 is amended:


Subparts A and C  [Removed and Reserved]

    a. By removing and reserving subparts A (Secs. 200.1 through 200.4) 
and C (Secs. 200.40 through 200.44);


Sec. 200.93  [Redesignated as Sec. 200.27]

    b. By redesignating Sec. 200.93 as Sec. 200.227;


Subpart D  [Removed and Reserved]

    c. By removing and reserving subpart D (Secs. 200.50 through 
200.129); 

[[Page 7944]]



Sec. 200.224  [Amended]

    d. By amending Sec. 200.224 by removing the reference to 
``Sec. 200.93'', and adding in its place ``Sec. 200.227''; and
    e. By revising subpart I, to read as follows:

Subpart I--Nondiscrimination and Fair Housing


Sec. 200.300  Nondiscrimination and fair housing policy.

    Federal Housing Administration programs shall be administered in 
accordance with:
    (a) The nondiscrimination and fair housing requirements set forth 
in 24 CFR part 5; and
    (b) The affirmative fair housing marketing requirements in 24 CFR 
part 200, subpart M and 24 CFR part 108.

PART 202a [REMOVED]

    4. Part 202a is removed.

PART 222--SERVICEPERSON'S MORTGAGE INSURANCE


Sec. 222.248  [Removed]

    5. Section 222.248 is removed.

PART 233--EXPERIMENTAL HOUSING MORTGAGE INSURANCE


Sec. 233.248  [Removed]

    6. Section 233.248 and the undesignated heading preceding it are 
removed.

PART 241--SUPPLEMENTARY FINANCING FOR INSURED PROJECT MORTGAGES


Sec. 241.1  [Amended]

    7. Section 241.1 is amended by removing paragraph (j) and by 
redesignating paragraphs (k) and (l) and paragraphs (j) and (k), 
respectively.

PART 260 [REMOVED]

    8. Part 260 is removed.

PART 266--HOUSING FINANCE AGENCY RISK-SHARING PROGRAM FOR INSURED 
AFFORDABLE MULTIFAMILY PROJECT LOANS


Sec. 266.35  [Removed]

    9. Section 266.35 is removed.

PART 267--APPRAISAL AND PROPERTY VALUATION


Sec. 267.4  [Removed]

    10. Section 267.4 is removed.

PART 850--HOUSING DEVELOPMENT GRANTS

    11. Section 850.1 is revised to read as follows:


Sec. 850.1  Applicability and savings clause.

    (a) Applicability. This part implements the Housing Development 
Grant Program contained in section 17 of the United States Housing Act 
of 1937 (42 U.S.C. 1437o). The Program authorized the Secretary to make 
housing development grants to support the new construction or 
substantial rehabilitation of real property to be used primarily for 
residential rental purposes. Section 289(b)(1) of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 12839) repealed section 17 
effective October 1, 1991. Section 289(a) prohibited new grants under 
the Housing Development Grant Program except for projects for which 
binding commitments had been entered into prior to October 1, 1991.
    (b) Savings clause. Any grant made pursuant to a binding commitment 
entered into before October 1, 1991 will continue to be governed by 
subparts A through E of this part in effect immediately before April 1, 
1996, and by subpart F of this part as currently in effect.


Sec. 850.3  [Removed]

    12. Section 850.3 is removed.


Subparts B, C, D, and E  [Removed and Reserved]

    13. Subparts B (Secs. 850.11 through 850.17), C (Secs. 850.31 
through 850.39), D (Secs. 850.61 through 850.79), and E (Secs. 850.101 
through 850.107) are removed and reserved.

    Dated: February 22, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-4585 Filed 2-28-96; 8:45 am]
BILLING CODE 4210-32-P