[Federal Register Volume 65, Number 161 (Friday, August 18, 2000)]
[Rules and Regulations]
[Pages 50592-50593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21037]



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Part II





Department of Housing and Urban Development





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24 CFR Part 30



Initiation of Civil Money Penalty Action for Failing To Disclose Lead-
Based Paint Hazards: Amendments Concerning Official To Initiate Action; 
Final Rule

  Federal Register / Vol. 65, No. 161 / Friday, August 18, 2000 / Rules 
and Regulations  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 30

[Docket No. FR-4609-F-01]
RIN 2501-AC74


Initiation of Civil Money Penalty Action for Failing To Disclose 
Lead-Based Paint Hazards: Amendments Concerning Official To Initiate 
Action

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

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SUMMARY: HUD's civil money penalty regulations currently state that the 
Director of HUD's Office of Lead Hazard Control, or the Director's 
designee, may initiate a civil money penalty action against any person 
who knowingly violates 42 U.S.C. 4852d(b)(1). This final rule makes 
minor changes to the applicable provision in the civil money penalty 
regulations in two respects. First, the reference to the Director of 
the Office of Lead Hazard Control (OLHC) is changed to the Director of 
the new successor office to OLHC which is the Office of Healthy Homes 
and Lead Hazard Control. Second, this rule corrects an incorrect 
statutory citation in these regulations.

DATES: Effective Date: September 18, 2000.

FOR FURTHER INFORMATION CONTACT: John B. Shumway, Office of General 
Counsel, Room 9262, U.S. Department of Housing and Urban Development, 
451 Seventh Street, SW, Washington, DC 20410-2000; telephone (202) 708-
3137 x5190 (this is not a toll-free number). Persons with hearing-or 
speech-impairments may access this number via TTY by calling the toll-
free Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Background Information

    HUD has created a new office in the Office of the Secretary, the 
Office of Healthy Homes and Lead Hazard Control. This office will 
perform all of the former functions of the Office of Lead Hazard 
Control, but will also be responsible for carrying out functions 
concerning other home and safety issues. Upon creation of the Office of 
Healthy Homes and Lead Hazard Control, the Office of Lead Hazard 
Control will no longer exist.
    HUD's civil money penalty regulations at 24 CFR 30.65 identify the 
Director of the Office of Lead Hazard Control as the official with the 
authority to initiate a civil money penalty action against any person 
who has failed to comply with the lead-based paint disclosure 
requirements set out in 42 U.S.C. 4852d(b)(1). Since the Office of Lead 
Hazard Control no longer exists, this provision is being updated in 
this final rule to name the Director of the Office of Healthy Homes and 
Lead Hazard Control to carry out this function.
    This final rule also corrects an incorrect citation which appears 
in 24 CFR 30.65. The reference to 42 U.S.C. 4852d(b)(1) should be 42 
U.S.C. 4852d, since the language of this provision is intended to 
reference any violation of the Residential Lead-Based Paint Hazard 
Control Act.

II. Justification for Final Rulemaking

    HUD generally publishes a rule for public comment before issuing a 
rule for effect, in accordance with its own regulations on rulemaking 
at 24 CFR part 10. 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). For the following reasons, HUD finds 
that good cause exists to publish this rule for effect without first 
soliciting public comment.
    This final rule makes nomenclature changes to 24 CFR 30.65. As a 
result of internal HUD organizational changes the position referred to 
in the current regulations no longer exists as it did when the 
regulations were issued. This final rule merely replaces a reference to 
the Director of the Office of Lead Hazard Control with the Director of 
Healthy Homes and Lead Hazard Control. The rule also corrects a 
misstated citation in the language of 24 CFR 30.65. Neither of these 
two amendments make any substantive changes to the substance of 24 CFR 
30.65. Therefore, HUD determined that it is unnecessary to publish this 
rule for public comment prior to publishing the rule for effect.

III. Findings and Certifications

Environmental Impact

    In accordance with 24 CFR 50.19(c)(1) of HUD's regulations, this 
proposed rule does not direct, provide for assistance or loan and 
mortgage insurance for, or otherwise govern or regulate, real property 
acquisition, disposition, leasing, rehabilitation, alteration, 
demolition, or new construction, or establish, revise, or provide for 
standards for construction or construction materials, manufactured 
housing, or occupancy. Therefore, this proposed rule is categorically 
excluded from the requirements of the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.).

Regulatory Flexibility Act

    The Secretary has reviewed this final rule before publication and 
by approving it certifies, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), that this final rule would not have 
a significant economic impact on a substantial number of small 
entities. This final rule implements a nomenclature change only and 
does not make any substantive changes to the regulation at 24 CFR 
30.65. Therefore, the action taken by this rule (the nomenclature 
change) does not create any additional burden.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (Public Law 
104-4, 109 Stat. 48, 64, codified at 2 U.S.C. 1531-1538) (UMRA) 
requires Federal agencies to assess the effects of their regulatory 
actions on State, local, and tribal governments and on the private 
sector. This final rule does not impose, within the meaning of the 
UMRA, any Federal mandates on any State, local, or tribal governments 
or on the private sector.

Executive Order 13132, Federalism

    This final rule does not have federalism implications and does not 
impose substantial direct compliance costs on State and local 
governments or preempt State law within the meaning of Executive Order 
13132 (entitled ``Federalism'').

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List of Subjects in 24 CFR Part 30

    Administrative practice and procedure, Loan programs--housing and 
community development, Mortgages, Penalties.

    For the reasons discussed in the preamble, HUD amends 24 CFR part 
30 as follows:

PART 30--CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT

    1. The authority citation for part 30 continues to read as follows:

    Authority: 12 U.S.C. 1701q-1, 1703, 1723i, 1735f-14, 1735f-15, 
15 U.S.C. 1717a; 28 U.S.C. 2461 note; 42 U.S.C. 3535(d).

    2. Revise Sec. 30.65 to read as follows:


Sec. 30.65  Failure to disclose lead-based paint hazards.

    (a) General. The Director of the Office of Healthy Homes and Lead 
Hazard Control, or his or her designee, may initiate a civil money 
penalty action against any person who knowingly violates 42 U.S.C. 
4852d.
    (b) Amount of penalty. The maximum penalty is $11,000 for each 
violation.

    Dated: August 11, 2000.
Andrew Cuomo,
Secretary.
[FR Doc. 00-21037 Filed 8-17-00; 8:45 am]
BILLING CODE 4210-32-P