[Federal Register Volume 63, Number 195 (Thursday, October 8, 1998)]
[Rules and Regulations]
[Pages 54332-54333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27017]



[[Page 54331]]

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Part V





Department of Housing and Urban Development





_______________________________________________________________________



24 CFR Part 1710



Interstate Land Sales Registration Fees; Change in Mailing Address and 
Authority to Make Electronic Payment; Final Rule

  Federal Register / Vol. 63, No. 195 / Thursday, October 8, 1998 / 
Rules and Regulations  

[[Page 54332]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 1710

[Docket No. FR-4365-F-01]
RIN 2502-AH22


Interstate Land Sales Registration Fees; Change in Mailing 
Address and Authority to Make Electronic Payment

AGENCY: Office of Assistant Secretary for Housing-Federal Housing 
Commissioner, HUD.

ACTION: Final rule.

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SUMMARY: Under current regulations, a fee must accompany a Statement of 
Record that is filed with the Secretary under the Interstate Land Sales 
Full Disclosure Act, and the fee cannot be paid electronically. This 
final rule provides that the fee must be mailed to an address specified 
by the Secretary, and permits electronic payment. The current mailing 
address is set forth in the Supplementary Information.

DATES: Effective Date: November 9, 1998.

FOR FURTHER INFORMATION CONTACT: Elizabeth Cocke, Office of Consumer 
and Regulatory Affairs, Room 9156, Department of Housing and Urban 
Development, 451 Seventh Street, SW, Washington, DC 20410, telephone 
(voice) (202) 708-6401. (This is not a toll-free number.) Hearing-
impaired or speech-impaired individuals may access the voice telephone 
listed by calling the Federal Information Relay Service during working 
hours at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:
    Under 24 CFR 1710.20, a developer or owner of a subdivision seeking 
to register a subdivision under the Interstate Land Sales Full 
Disclosure Act must file a Statement of Record at the Office of 
Interstate Land Sales Registration in HUD Headquarters, accompanied by 
a registration fee in the amount and form set out in Sec. 1710.35. 
Section 1710.35 requires payment by certified check, cashier's check, 
or postal money order payable to the Treasurer of the United States.
    The Department will continue to require the Statements of Record to 
be filed at HUD Headquarters, but it is inefficient for the Department 
to collect fees at this address. Therefore, HUD is amending 
Secs. 1710.20 and 1710.35 to require that a fee paid by check or money 
order be mailed to an address specified by HUD when the Statement of 
Record is filed with HUD. Until a different address is announced by 
HUD, registration fees that are mailed must be sent to HUD's 
``lockbox'' at the following address: HUD, Interstate Land Sales, P.O. 
Box 100655, Atlanta, GA 30384-0655.
    Fees received at this address will be immediately deposited and 
accounted for. Information regarding this process, and the lockbox 
address, will be distributed to industry publications for further 
dissemination.
    To assist the Department in accounting for fees received, each 
check must account for a single fee. Each check must include on the 
face the name of the subdivision for which the fee is being paid, and 
the ``OILSR'' or registration number, when known. Any check received 
without this information could delay proper accounting of the fee and/
or processing of the registration.
    The Department of Treasury encourages HUD and other agencies to 
provide for payments to be made through electronic means. HUD supports 
this policy, and is therefore amending Sec. 1710.35 to permit HUD to 
accept electronic payment of registration fees and other fees required 
by part 1710. HUD will continue to accept payment by check or money 
order, mailed to the address specified by the Secretary. Information on 
how to begin electronic payment of fees is available from HUD at: HUD, 
Interstate Land Sales/RESPA Office, Room 9156, 451 7th St., SW, 
Washington, DC 20410, (202) 708-0502.

Other Matters

Justification for Final Rule

    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. Part 10 does provide, 
however, that public comment is not required for a rule governing the 
Department's internal practices or procedures. A rule specifying the 
address at which the Department will receive a required fee, and 
permitting but not mandating electronic payment of fees, falls within 
this exception. There is no substantive impact on the rights or 
obligations of regulated parties.

Environmental Finding

    This final rule is exempt from environmental review requirements 
under 24 CFR 50.19(c)(3).

Executive Order 12612, 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. As a result, 
the rule is not subject to review under the Order.

The Regulatory Flexibility Act

    In accordance with 5 U.S.C. 605(b) (the Regulatory Flexibility 
Act), the Secretary, by approval of this rule, certifies that this rule 
does not have a significant economic impact on a substantial number of 
small entities. The rule allows developers greater flexibility by 
permitting electronic payment and thereby reduces processing time and 
expense.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4; approved March 22, 1995) (UMRA) establishes requirements for Federal 
agencies to assess the effects of their regulatory actions on State, 
local, and tribal governments, and on the private sector. This rule 
does not impose any Federal mandates on any State, local, or tribal 
governments, or on the private sector, within the meaning of the UMRA.

List of Subjects in Part 1710

    Administrative practice and procedure, Consumer protection, Freedom 
of information, Land sales, Reporting and recordkeeping requirements.

    Accordingly, 24 CFR part 1710 is amended as follows:

PART 1710--LAND REGISTRATION

    1. The authority for part 1710 continues to read as follows:

    Authority: 15 U.S.C. 1718; 42 U.S.C. 3535(d).

    2. Section 1710.20 is amended by revising the last sentence of 
paragraph (a) to read as follows:


Sec. 1710.20  Requirements for registering a subdivision-- Statement of 
Record-- filing and form.

    (a) * * * When the Statement of Record is filed, a fee in the 
amount set out in Sec. 1710.35(b) must be paid in accordance with 
Sec. 1710.35(a).
* * * * *
    3. Section 1710.35 is amended by revising paragraph (a) to read as 
follows:


Sec. 1710.35  Payment of fees.

    (a) Method of payment. (1) Each fee must be paid by:
    (i) Certified check, cashier's check, or postal money order made 
payable to the

[[Page 54333]]

Treasurer of the United States, with the registration number, when 
known, and the name, of the subdivision on the face of the check, and 
mailed to an address specified by the Secretary; or
    (ii) Electronic payment in a manner specified by the Secretary.
    (2) Information regarding the current mailing address or electronic 
payment procedures is available from: HUD, Office of Interstate Land 
Sales/RESPA Division, Room 9156, 451 7th St., SW, Washington, DC 20410.
* * * * *
    Dated: September 25, 1998.
Ira Peppercorn,
General Deputy Assistant Secretary for Housing.
[FR Doc. 98-27017 Filed 10-7-98; 8:45 am]
BILLING CODE 4210-27-P