[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Rules and Regulations]
[Pages 35633-35634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17257]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 901

[Docket No. FR-3447-F-02]
RIN 2577-AA89


Office of the Assistant Secretary for Public and Indian Housing; 
Public Housing Management Assessment Program--Conforming Change

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Final rule.

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SUMMARY: This rule removes the adjustment for the heating degree day 
(HDD) factor from Indicator #4, Energy Consumption, of the Public 
Housing Management Assessment Program (PHMAP) at 24 CFR part 901. The 
effect of removing this adjustment is to conform the indicator to 
current HUD practice, which no longer makes use of the HDD factor.

EFFECTIVE DATE: August 7, 1996.

FOR FURTHER INFORMATION CONTACT: MaryAnn Russ, Deputy Assistant 
Secretary for Public and Assisted Housing Operations, Office of Public 
and Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW., Washington, D.C. 20410, telephone (202) 708-1380. 
A telecommunications device for hearing or speech impaired persons 
(TTY) is available at (202) 708-0850. (These are not toll-free 
telephone numbers.)

SUPPLEMENTARY INFORMATION: On October 13, 1994 (59 FR 51852), a final 
rule was published in the Federal Register that eliminated the 
application of the HDD factor for utility consumption. That rule will 
first affect PHAs with fiscal year ending December 31, 1995. The PHMAP 
scores for these PHAs are computed as of June 30, 1996. This rule makes 
a conforming change to eliminate the HDD factor as an adjustment in 
Indicator #4, Energy Consumption.
    The Department has published a proposed rule (61 FR 20358, May 6, 
1996) that would revise all of the PHMAP, including the current 
Indicator #4. However, because a comprehensive PHMAP final rule will 
not be published in time to correct Indicator #4 for the June 1996 
PHMAP computation, HUD is issuing this final rule to remove the HDD 
factor. This action will avoid confusion and permit the timely 
computation of PHMAP scores.

Other Matters

Justification for Final Rulemaking

    In general, the Department publishes a rule for public comment 
before issuing a rule for effect, in accordance with its own 
regulations on rulemaking, 24 CFR part 10. However, part 10 does 
provide for exceptions from that general rule where 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) The Department finds that good cause exists to publish this 
rule for effect without first soliciting public comment, in that prior 
public procedure is unnecessary. This rule eliminates an adjustment 
factor that can no longer be used because of other regulatory changes.

Environmental Impact

    A Finding of No Significant Impact (FONSI) 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 FONSI made in the development of 
the proposed rule published on May 6, 1996 (61 FR 20358) remains 
applicable to this final rule and is 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.

[[Page 35634]]

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. The rule 
eliminates a single adjustment factor for PHAs that has been rendered 
inapplicable because of other regulatory changes and HUD does not 
anticipate a significant economic impact on a substantial number of 
small entities resulting from this elimination.

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 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. The rule 
eliminates a single adjustment factor that has become obsolete. The 
rule does not create any new significant requirements of its own. As a 
result, the rule is not subject to review under the Order.

Family Impact

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that this rule 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. The rule only involves the removal of a single, obsolete 
adjustment factor for management assessment of PHAs.

List of Subjects in 24 CFR Part 901

    Administrative practice and procedure, Public housing, Reporting 
and recordkeeping requirements.

    Accordingly, part 901 of title 24 of the Code of Federal 
Regulations is amended as follows:

PART 901--PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM

    1. The authority citation for part 901 continues to read as 
follows:

    Authority: 42 U.S.C. 1437d(j) and 3535(d).

    2. In Sec. 901.10, paragraph (b)(4) is revised to read as follows:


Sec. 901.10  Indicators.

* * * * *
    (b) * * *
    (4) Energy Consumption. The annual energy consumption. This 
indicator has a weight of x1.
    (i) Grade A: Annual energy consumption, as compared to the average 
of the three years' rolling base consumption, has not increased.
    (ii) Grade B: Annual energy consumption, as compared to the average 
of the three years' rolling base consumption, has not increased by more 
than 3%.
    (iii) Grade C: Annual energy consumption, as compared to the 
average of the three years' rolling base consumption, has increased by 
greater than 3% and less than or equal to 5%.
    (iv) Grade D: Annual energy consumption, as compared to the average 
of the three years' rolling base consumption, has increased by greater 
than 5% and less than or equal to 7%.
    (v) Grade E: Annual energy consumption, as compared to the average 
of the three years' rolling base consumption, has increased by greater 
than 7% and less than or equal to 9%.
    (vi) Grade F: Annual energy consumption, as compared to the average 
of the three years' rolling base consumption, has increased by more 
than 9%.
* * * * *
    Dated: June 27, 1996.
Kevin Emanuel Marchman,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 96-17257 Filed 7-5-96; 8:45 am]
BILLING CODE 4210-33-P