[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 However, because a comprehensive PHMAP final rule will not be published in time to correct Indicator #4 for the June 1996 PHMAP computation, HUD is issuing this final rule to remove the HDD factor.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