[Federal Register Volume 69, Number 171 (Friday, September 3, 2004)]
[Rules and Regulations]
[Page 53978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20075]



[[Page 53977]]

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Part II





Department of Housing and Urban Development





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24 CFR Part 24



Suspension, Debarment, Limited Denial of Participation; Final Rule

  Federal Register / Vol. 69, No. 171 / Friday, September 3, 2004 / 
Rules and Regulations  

[[Page 53978]]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 24

[Docket No. FR-4692-F-04]
RIN 2501-AC81


Suspension, Debarment, Limited Denial of Participation

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

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SUMMARY: On November 26, 2003, HUD published a final rule adopting the 
Interagency Suspension and Debarment Committee's 2003 enactment of a 
Nonprocurement Common Rule for Suspensions and Debarments (NCR). HUD 
also published agency-specific requirements that, along with the NCR, 
would best serve HUD's programs. In HUD's agency-specific rule, HUD 
referenced a definition for the term ultimate beneficiaries, but failed 
to include the definition in the regulation. This rule corrects this 
omission by adding the definition of ultimate beneficiaries.

DATES: Effective Date: October 4, 2004.

FOR FURTHER INFORMATION CONTACT: Dane Narode, Assistant General 
Counsel, Office of Program Enforcement, Administrative Proceedings 
Division, Department of Housing and Urban Development, 1250 Maryland 
Avenue, Suite 200, Washington, DC 20024-0500; telephone (202) 708-2350 
(this is not a toll-free number); e-mail: [email protected]. 
Individuals with hearing or speech impairments may access the voice 
telephone number listed above by calling the Federal Information Relay 
Service during working hours at 800-877-8339.

SUPPLEMENTARY INFORMATION: On November 26, 2003 (68 FR 66592), HUD 
published a final rule adopting the Interagency Suspension and 
Debarment Committee's NCR. HUD also codified agency-specific 
requirements that, along with the NCR, would best serve HUD's programs. 
In the table of contents for Subpart I (entitled Definitions) of HUD's 
agency-specific rule, HUD included a reference for a definition of the 
term ultimate beneficiaries. The definition was to have been added at 
Sec.  24.1017. The actual definition, however, was inadvertently 
omitted from HUD's agency-specific regulation. This final rule corrects 
this omission by adding the definition of the term, ``ultimate 
beneficiaries.''
    The definition of the term ``ultimate beneficiaries'' added by this 
rule is identical to the definition of this term that was in effect 
prior to the effective date of the NCR and codified at Sec.  24.105. 
This definition has been used consistently since the promulgation of 
the 1988 NCR (53 FR 19182 and 19204).

Findings and Certifications

Justification for Direct 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). In this case, public comment is unnecessary because HUD is 
adding a definition of the term ``ultimate beneficiaries'' that was 
inadvertently omitted from the publication of the NCR. In addition, HUD 
is making no change to the definition of this term from that in effect 
prior to the effective date of the NCR. Therefore, there would be no 
purpose served by accepting public comments on this rule.

Regulatory Flexibility Act

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed and approved this rule and, in so doing, 
certified that this rule would not have a significant economic impact 
on a substantial number of small entities. This rule imposes no new 
obligation of any kind but simply adds a definition for the term 
``ultimate beneficiaries'' without changing what was in effect prior to 
the effective date of the NCR.

Environmental Impact

    In accordance with 24 CFR 50.19(c)(6), this rule sets forth 
administrative requirements which do not constitute a development 
decision that affects the physical condition of specific project areas 
or building sites, and therefore is categorically excluded from the 
requirements of the National Environmental Policy Act (42 U.S.C. 4321 
et seq.) and related federal laws and authorities.

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits, to the 
extent practicable and permitted by law, an agency from promulgating a 
regulation that has federalism implications and either imposes 
substantial direct compliance costs on state and local governments and 
is not required by statute, or preempts state law, unless the relevant 
requirements of section 6 of the order are met. 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 the order.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538) (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 final rule does not 
impose any Federal mandate on any State, local, or tribal government, 
or on the private sector, within the meaning of UMRA.

List of Subjects in 24 CFR Part 24

    Administrative practice and procedure, Government contracts, Grant 
programs, Loan programs, Technical assistance, Reporting and 
recordkeeping requirements.

0
For the reasons stated in the preamble, HUD amends 24 CFR part 24 as 
follows:

PART 24--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

0
1. The authority citation for part 24 continues to read as follows:

    Authority: 41 U.S.C. 701 et seq.; 42 U.S.C. 3535(d); Sec. 2455, 
Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); E.O. 12549 (3 
CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. 235).


0
2. Section 24.1017 is added to read as follows:


Sec.  24.1017  Ultimate beneficiaries.

    Ultimate beneficiaries of HUD programs include, but are not limited 
to, subsidized tenants and subsidized mortgagors, such as those 
assisted under Section 8 Housing Assistance Payment contracts, by 
Section 236 Rental Assistance, or by Rent Supplement payments.

    Dated: August 24, 2004.
Alphonso Jackson,
Secretary.
[FR Doc. 04-20075 Filed 9-2-04; 8:45 am]
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