[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Rules and Regulations]
[Pages 39850-39852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19401]
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DEPARTMENT OF AGRICULTURE
Rural Housing Service
Rural Business-Cooperative Service
Rural Utilities Service
Farm Service Agency
7 CFR Parts 1940, 1944 and 1965
Repeal of Certain Lobbyist Disclosure Provisions
AGENCIES: Rural Housing Service, Rural Business-Cooperative Service,
Rural Utilities Service, and Farm Service Agency, USDA.
ACTION: Final rule.
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SUMMARY: The Rural Housing Service (RHS) (formerly Rural Housing and
Community Development Service (RHCDS)) is removing its regulations on
``Accountability Requirements of Persons Paid to Influence the Making
of an RHCDS Housing Loan and/or Grant,'' due to the repeal of the
statutory reporting and registration requirements (Sec. 24 of Pub. L.
104-65). The intended outcome is to remove imposed registration and
reporting requirements on any person engaged for pay or for any
consideration for the purpose of attempting to influence the making of
a RHS loan or grant, and removes the limitation of fees a person may
charge for this service.
EFFECTIVE DATE: July 31, 1996.
FOR FURTHER INFORMATION CONTACT: Cynthia L. Reese-Foxworth, Loan
Specialist, Rural Rental Housing Branch, Multi-Family Housing
Processing Division, Rural Housing Service, U.S. Department of
Agriculture, AgBox 0781, Washington, DC 20250-0700; telephone (202)
720-1604 (this is not a toll free number).
SUPPLEMENTARY INFORMATION:
Classification
This action is not subject to the provisions of Executive Order
12866 since it only involves internal agency management. Since this
rule relates only to Public Law (Pub. L.) 104-65, which repeals the
reporting and registration requirements of 7 CFR part 1940, subpart S,
this action is not published for proposed rulemaking. Therefore,
publication for advance notice and comment is unnecessary and contrary
to the public interest.
Paperwork Reduction Act
The information collection requirements contained in this
regulation have been previously approved by the Office of Management
and Budget (OMB) under the provisions of 44 U.S.C. chapter 35 and has
been assigned OMB control number 0575-0139 in accordance with the
Paperwork Reduction Act of 1980 (44 U.S.C. 3507).
Environmental Impact Statement
This document has been reviewed in accordance with 7 CFR part 1940,
subpart G, ``Environmental Program.'' It is the determination of RHS
that this action does not constitute a major Federal action
significantly affecting the quality of the human environment, and in
accordance with the National Environmental Policy Act of 1969, Pub. L.
91-190, an Environmental Impact Statement is not required.
National Performance Review
This regulatory action is being taken as part of the National
Performance Review program to eliminate unnecessary regulations and
improve those that remain in force.
Unfunded Mandate Reform Act of 1995
Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Pub. L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, RHS
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules, with ``Federal mandates'' that
may result in expenditures to State, local, or tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. When such a statement is needed for a rule, section 205 of
the UMRA generally requires RHS to identify and consider a reasonable
number of regulatory alternatives and adopt the least costly, more
cost-effective or least burdensome alternative that achieves the
objectives of the rule.
This rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, and tribal
governments or the private sector. Thus today's rule is not subject to
the requirements of section 202 and 205 of the UMRA.
Intergovernmental Consultation
This activity is not subject to Executive Order (EO) 12372 which
requires intergovernmental consultation with State and local officials
and is not listed in the Catalog of Federal Domestic Assistance,
however, affected programs 10.415, 10.420, and 10.433 are subject to
the provisions of EO 12372.
Program Affected
These programs or activities are listed in the Catalog of Federal
Domestic Assistance under the following numbers:
10.405 Farm Labor Housing Loans and Grants
10.410 Very Low to Moderate Income Housing Loans
10.415 Rural Rental Housing Loans
10.417 Very Low-Income Housing Repair Loans and Grants
10.420 Rural Self-Help Housing Technical Assistance
10.433 Rural Housing Preservation Grants
10.442 Housing Application Packaging Grants
Discussion of Final Rule
7 CFR part 1940, subpart S implemented Sec. 401(A) of the Housing
and Urban Development Reform Act of 1989, Pub. L. 101-235, (December
15, 1989) (``HUD Reform Act''), which added Sec. 536(d) to the Housing
Act of 1949. Pursuant to Sec. 24 of Pub. L. 104-65 (December 19, 1995),
Sec. 536(d) of the Housing Act of 1949 was repealed effective January
1, 1996. Therefore, 7 CFR part 1940, subpart S, ``Accountability
Requirements of Persons Paid to Influence the Making of an RHCDS
Housing Loan and/or Grant'', is being removed. However, all
requirements found in FmHA Instruction 1940-Q, ``Restrictions on
Lobbying,'' will still apply even though subpart S is deleted because
FmHA Instruction 1940-Q contains the Department's lobbying regulations
published in 7 CFR part 3018. Copies of FmHA Instruction 1940-Q are
available in all Rural Development offices. Some
[[Page 39851]]
outdated references are also being revised.
List of Subjects
7 CFR Part 1940
Accountability, Low and moderate income housing--Rental, Reporting
requirements.
7 CFR Part 1944
Administrative practice and procedure, Aged, Farm labor housing,
Grant programs--Housing and community development, Handicapped, Home
improvement, Loan programs--Housing and community development, Low and
moderate income housing--Rental, Migrant labor, Mobile homes,
Mortgages, Nonprofit organizations, Public housing, Rent subsidies,
Reporting requirements, Rural housing, subsidies.
7 CFR Part 1965
Administrative practice and procedure, Low and moderate income
housing--Rental, Mortgages.
Therefore, chapter XVIII, title 7, Code of Federal Regulations is
amended as follows:
PART 1940--GENERAL
1. The authority citation for part 1940 is amended to read as
follows:
Authority: 5 U.S.C. 301, 7 U.S.C. 1989 and 42 U.S.C. 1480.
Secs. 1940.901 through 1940.950 (Subpart S)--[Removed and Reserved]
2. Subpart S, consisting of Secs. 1940.901 through 1940.950 is
removed and reserved.
PART 1944--HOUSING
3. The authority citation for part 1944 continues to read as
follows:
Authority: 5 U.S.C. 301, 7 U.S.C. 1989, and 42 U.S.C. 1480.
Subpart A--Section 502 Rural Housing Loans Policies, Procedures,
and Authorizations
Sec. 1944.27 [Amended]
4. Section 1944.27 is amended by removing paragraph (i).
Sec. 1944.31 [Amended]
5. Section 1944.31, paragraphs (a) and (e), is amended by revising
the references to ``RHCDS'' to read ``RHS.''
Subpart B--Housing Application Packaging Grants
Sec. 1944.62 [Amended]
6. Section 1944.62 is amended by revising the reference to ``FmHA''
to read ``RHS.''
Sec. 1944.66 [Amended]
7. Section 1944.66 is amended by removing paragraph (b); by
redesignating paragraphs (c) through (g) as (b) through (f)
respectively; by amending newly redesignated paragraphs (b) and (c) to
revise the phrase ``FmHA or its successor agency under Public Law 103-
354 Office'' to read ``Agency Office,'' and by amending newly
redesignated paragraph (d) to revise the reference to ``FmHA or its
successor agency under Public Law 103-354'' to read ``RHS.''
Sec. 1944.67 [Amended]
8. Section 1944.67 is amended to revise the references to ``FmHA or
its successor agency under Public Law 103-354'' to read ``Agency.''
Sec. 1944.69 [Amended]
9. Section 1944.69 is amended to revise the references to ``FmHA or
its successor agency under Public Law 103-354'' to read ``Agency.''
Sec. 1944.70 [Amended]
10. Section 1944.70(b) is amended to revise the reference to ``FmHA
or its successor agency under Public Law 103-354'' to read ``Agency.''
Sec. 1944.72 [Amended]
11. Section 1944.72 is amended to revise the references to ``FmHA
or its successor agency under Public Law 103-354'' to read ``Agency.''
Subpart D--Farm Labor Housing Loan and Grant Policies, Procedures
and Authorizations
Sec. 1944.170 [Amended]
12. Section 1944.170 is amended by removing paragraph (d) and
revising the reference ``(c)(3)(ii)(B)'' in paragraph (c)(5)(ii)(C) to
read ``(c)(5)(ii)(A).''
Subpart E--Rural Rental and Rural Cooperative Housing Loan
Policies, Procedures, and Authorizations
Sec. 1944.215 [Amended]
13. Section 1944.215 is amended by removing paragraph (x) and by
revising the references ``FmHA or its successor agency under Public Law
103-354'' to read ``RHS in paragraphs (v) and (w).''
Subpart I--Self-Help Technical Assistance Grants
Sec. 1944.408 [Removed and Reserved]
14. Section 1944.408 is removed and reserved.
Sec. 1944.409 [Amended]
15. Section 1944.409 is amended to revise the first two references
to ``FmHA or its successor agency under Public Law 103-354'' to read
``Agency'' and to remove the last reference to ``FmHA or its successor
agency under Public Law 103-354.''
Sec. 1944.410 [Amended]
16. Section 1944.410 is amended to revise the reference to ``FmHA
or its successor agency under Public Law 103-354'' in the second
sentence of the introductory text of paragraph (a) to read ``RHS.''
Subpart J--Section 504 Rural Housing Loans and Grants
Sec. 1944.463 [Amended]
17. Section 1944.463(c) introductory text is amended to revise the
reference to ``FmHA or its successor agency under Public Law 103-354''
to read ``RHS.''
Sec. 1944.464 [Amended]
18. Section 1944.464 is amended to revise the references to ``FmHA
or its successor agency under Public Law 103-354'' in the introductory
paragraph to read ``RHS.''
Sec. 1944.466 [Removed and Reserved]
19. Section 1944.466 is removed and reserved.
Subpart N--Housing Preservation Grants
Sec. 1944.654 [Amended]
20. Section 1944.654 is amended to revise the phrase ``any FmHA or
its successor agency under Public Law 103-354 Office'' to read ``any
Agency office'' in paragraphs (a) and (b); to revise in the first
sentence of paragraph (a) the phrase ``all FmHA or its successor agency
under Public law 103-354 applicants'' to read ``all Rural Development
applicants;'' and to revise in the second sentence of paragraph (b) the
reference to ``FmHA or its successor agency under Public Law 103-354''
to read ``Rural Development.''
Sec. 1944.655 [Removed and Reserved]
21. Section 1944.655 is removed and reserved.
Sec. 1944.656 [Amended]
22. Section 1944.656 is amended to revise the references to ``FmHA
or its successor agency under Public Law 103-354'' in the introductory
paragraph to read ``Rural Development,'' and in the definitions of
``Grant agreement'' and ``Housing preservation'' to revise the
references to ``FmHA or its successor agency under Public Law 103-354''
to read ``Agency.''
[[Page 39852]]
PART 1965--REAL PROPERTY
23. The authority citation for part 1965 continues to read as
follows:
Authority: 5 U.S.C. 301, 7 U.S.C. 1989, and 42 U.S.C. 1480.
Subpart E--Prepayment and Displacement Prevention of Multi-Family
Housing Loans
Sec. 1965.217 [Amended]
24. Section 1965.217 is amended by revising the reference in
paragraph (d)(2)(i)(B) to ``FmHA or its successor agency under Public
Law 103-354'' to read ``The Agency''; by removing paragraph
(d)(2)(ii)(A), by redesignating paragraphs (d)(2)(ii) (B) through (D)
as (d)(2)(ii) (A) through (C) respectively; by revising the reference
in newly designated paragraph (d)(2)(ii)(B) to ``FmHA or its successor
agency under Public Law 103-354'' to read ``Agency;'' by revising the
reference in newly designated paragraph (d)(2)(C)(1) to ``7 CFR parts
3015 and 3016'' to read ``7 CFR parts 3015, 3016 and 3019;'' and by
removing the reference in paragraph (d)(2)(iii)(A) to ``FmHA or its
successor agency under Public Law 103-354.''
Dated: June 13, 1996.
Inga Smulkstys,
Deputy Under Secretary, Operations and Management.
[FR Doc. 96-19401 Filed 7-30-96; 8:45 am]
BILLING CODE 3410-07-U