[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Rules and Regulations]
[Pages 9036-9037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5049]




[[Page 9035]]

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Part III





Department of Housing and Urban Development





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24 CFR Part 92



HOME Investment Partnerships Program: Streamlining; Interim Rule

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 92

[Docket No. FR-3962-I-01]
RIN 2501-AC06


Office of the Secretary; HOME Investment Partnerships Program: 
Streamlining Interim Rule

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

ACTION: Interim rule.

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SUMMARY: This interim rule streamlines HUD's regulations for the HOME 
Program by eliminating provisions that are redundant of statutes or are 
otherwise unnecessary. This rule will make the HOME Program regulations 
more concise.

EFFECTIVE DATE: April 5, 1996.

FOR FURTHER INFORMATION CONTACT: Mary Kolesar, Director, Program Policy 
Division, Office of Affordable Housing Programs, Room 7162, Department 
of Housing and Urban Development, 451 Seventh Street, SW, Washington, 
DC 20410, telephone number (202) 708-2470. (This is not a toll-free 
number). A telecommunications device for hearing- and speech-impaired 
persons (TDD) is available at 1-800-877-8339 (Federal Information Relay 
Service).

SUPPLEMENTARY INFORMATION: On March 4, 1995, President Clinton issued a 
memorandum to all Federal departments and agencies regarding regulatory 
reinvention. In response to this memorandum, the Department of Housing 
and Urban Development conducted a page-by-page review of its 
regulations to determine which can be eliminated, consolidated, or 
otherwise improved. HUD has determined that the regulations for the 
HOME Investment Partnerships Program can be improved and streamlined by 
eliminating unnecessary provisions.
    Several provisions in the regulations repeat statutory language 
from the Cranston-Gonzalez National Affordable Housing Act (NAHA). It 
is unnecessary to maintain statutory requirements in the Code of 
Federal Regulations (CFR), since those requirements are otherwise fully 
accessible and binding. Furthermore, if regulations contain statutory 
language, HUD must amend the regulations whenever Congress amends the 
statute. Therefore, this rule will remove repetitious statutory 
language and replace it with a citation to the specific statutory 
section for easy reference.
    Several other provisions in the regulations apply to more than one 
program, and therefore HUD repeated these provisions in different 
subparts. This repetition is unnecessary, and updating these scattered 
provisions is cumbersome and often creates confusion. Therefore, this 
rule will consolidate these duplicative provisions, maintaining 
appropriate cross-references for the reader's convenience.
    Some provisions in the regulations are now obsolete. For instance, 
this rule removes reference to obsolete regulations regarding Cost 
Effective Energy Standards in subpart F. These guidelines were found in 
24 CFR part 39, which has been deleted but will be made available as 
standards for participating jurisdictions.

Justification for Interim Rulemaking

    HUD generally publishes a rule for public comment before issuing a 
rule for effect, in accordance with its own regulations on rulemaking 
in 24 CFR part 10. However, part 10 provides for exceptions to the 
general rule if the agency finds good cause to omit advance notice and 
public participation. The good cause requirement is satisfied when 
prior public procedure is ``impracticable, unnecessary, or contrary to 
the public interest'' (24 CFR 10.1). HUD finds that good cause exists 
to publish this rule for effect without first soliciting public 
comment. This rule merely removes unnecessary regulatory provisions and 
does not establish or affect substantive policy. Therefore, prior 
public comment is unnecessary. This rule is being published as an 
interim rule and not as a final rule because the HOME program 
regulation at 24 CFR part 92 has not yet been issued as a final rule.

Other Matters

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. This rule merely streamlines 
regulations by removing unnecessary provisions. The rule will have no 
adverse or disproportionate economic impact on small businesses.

Environmental Impact

    This rulemaking does not have an environmental impact. This 
rulemaking simply amends an existing regulation by consolidating and 
streamlining provisions. It does not change the environmental review 
procedures or the physical impact of the program or the projects 
assisted under 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 regulations implementing the 
HOME Investment Partnerships Program, and regulations removing 24 CFR 
part 39. 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, Office of General 
Counsel, Room 10276, Department of Housing and Urban Development, 451 
Seventh Street, SW, Washington, DC.

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 
will not have substantial direct effects on States or their political 
subdivisions, or the relationship between the Federal government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. No programmatic or policy changes 
that would affect the relationship between the Federal Government and 
State and local governments will result from this rule.

Executive Order 12606, The Family

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that this rule will not have 
the potential for significant impact on family formation, maintenance, 
or general well-being, and thus is not subject to review under the 
Order. No significant change in existing HUD policies or programs will 
result from promulgation of this rule.
    The Catalog of Federal Domestic Assistance Number for the HOME 
Program is 14.239.

List of Subjects in 24 CFR Part 92

    Administrative practice and procedure, Grant programs--housing and 
community development, Grant programs--Indians, Low and moderate income 
housing, Manufactured homes, Rent subsidies, Reporting and 
recordkeeping requirements.

    Accordingly, part 92 of title 24 of the Code of Federal Regulations 
is amended as follows: 

[[Page 9037]]


PART 92--HOME INVESTMENT PARTNERSHIPS PROGRAM

    1. The authority citation for part 92 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 12701-12839.

    2. Section 92.1 is revised to read as follows:


Sec. 92.1  Overview.

    This part implements the HOME Investment Partnerships Act (the HOME 
Investment Partnerships Program). In general, under the HOME Investment 
Partnerships Program, HUD allocates funds by formula among eligible 
State and local governments to strengthen public-private partnerships 
to expand the supply of decent, safe, sanitary, and affordable housing, 
with primary attention to rental housing for very low-income and low-
income families. Generally, HOME funds must be matched by nonfederal 
resources. State and local governments that become participating 
jurisdictions may use HOME funds to carry out multi-year housing 
strategies through acquisition, rehabilitation, and new construction of 
housing, and tenant-based rental assistance. Participating 
jurisdictions are able to provide assistance in a number of eligible 
forms, including loans, advances, equity investments, interest 
subsidies and other forms of investment that HUD approves.
    3. In Sec. 92.2, the definition ``Act'' is added in alphabetical 
order, to read as follows:


Sec. 92.2  Definitions.

    Act means the HOME Investment Partnerships Act at title II of the 
Cranston-Gonzalez National Affordable Housing Act, as amended, 42 
U.S.C. 12701 et seq.
* * * * *
    4. Section 92.4 is revised to read as follows:


Sec. 92.4  Suspension of requirements for disaster areas.

    HUD may suspend HOME statutory requirements in connection with 
disaster areas in accordance with section 290 of the Act.


Sec. 92.52  [Removed]

    5. Section 92.52 is removed.


Sec. 92.100  [Removed and reserved]

    6. Section 92.100 is removed and reserved.


Sec. 92.212  [Removed and reserved]

    7. Section 92.212 is removed and reserved.
    8. Section 92.213 is revised to read as follows:


Sec. 92.213  Development of model programs.

    HUD will develop and make available model programs in accordance 
with section 213 of the Act.
    9. In Sec. 92.214, paragraph (a)(2) is revised to read as follows:


Sec. 92.214  Prohibited activities.

    (a) * * *
    (2) Provide tenant-based rental assistance for the special purposes 
of the existing section 8 program in accordance with section 212(d) of 
the Act.
* * * * *
    10. Section 92.215 is revised to read as follows:


Sec. 92.215  Limitation on jurisdictions under court order.

    Limitations on the use of HOME funds in connection with litigation 
involving discrimination or fair housing are set forth in section 224 
of the Act.


Sec. 92.251  [Amended]

    11. Section 92.251 is amended by removing the last sentence in 
paragraph (a).
    12. Section 92.302 is revised to read as follows:


Sec. 92.302  Housing education and organizational support.

    (a) General. HUD is authorized to provide education and 
organizational support assistance in conjunction with HOME funds made 
available to community housing development organizations in accordance 
with section 233 of the Act.
    (b) Limitations. Contracts under this section with any one 
contractor for a fiscal year may not--
    (1) Exceed 20 percent of the amount appropriated for this section 
for such fiscal year; or
    (2) Provide more than 20 percent of the operating budget (which may 
not include funds that are passed through to community housing 
development organizations) of the contracting organization for any one 
year.
    (c) Single-state contractors. Not less than 40 percent of the funds 
made available for this section in an appropriations Act in any fiscal 
year must be made available for eligible contractors that have worked 
primarily in one state. HUD shall provide assistance under this 
section, to the extent applications are submitted and approved, to 
contractors in each of the HUD geographic regions.
    (d) Notice of funding. HUD will publish a notice in the Federal 
Register announcing the availability of funding under this section, as 
appropriate. The notice need not include funding for each of the 
eligible activities, but may target funding from among the eligible 
activities.


Sec. 92.358  [Removed and reserved]

    13. Section 92.358 is removed and reserved.
    14. Section 92.400 is revised to read as follows:


Sec. 92.400  Coordinated Federal support for housing strategies.

    (a) General. HUD will provide assistance to increase the capacity 
to identify and meet the needs to increase the supply of affordable 
housing in accordance with subtitle C of the Act.
    (b) Notice of funding. HUD will publish a notice in the Federal 
Register announcing the availability of funding under this section as 
appropriate.

    Dated: February 22, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-5049 Filed 3-5-96; 8:45 am]
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