[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Rules and Regulations]
[Pages 7650-7651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2903]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service

7 CFR Part 1944


Housing Application Packaging Grants

AGENCY: Rural Housing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Agency is revising its internal Housing Application 
Packaging Grants regulation in order to correct an erroneous reference 
to the debarment and suspension regulation. This action is necessary 
since the existing regulation does not accurately reflect the current 
information. The intended effect is to remove the incorrect reference 
to the regulation.

DATES: Effective Date: This rule is effective February 15, 2005.

FOR FURTHER INFORMATION CONTACT: Thomas P. Dickson, Program Analyst, 
Program Support Staff, Rural Development, Room 6900 South Building, 
Stop 0761, 1400 Independence Ave., SW., Washington, DC 20250-1570. 
Telephone: (202) 690-4492, FAX: (202) 690-4335, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Classification

    This action is not subject to the provisions of Executive Order 
12866 since it involves only internal Agency management. This action is 
not published for prior notice and comment under the Administrative 
Procedure Act since it involves only internal Agency management and 
publication for comment is unnecessary and contrary to the public 
interest.

Program Affected

    The program affected is listed in catalog of Federal Domestic 
Assistance under 10.442--Housing Application Packaging Grants.

Intergovernmental Consultation

    Programs with Catalog of Federal Domestic Assistance the number 
10.442 are not subject to the provisions of Executive Order 12372.

Civil Justice Reform

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. In accordance with this rule: (1) Unless 
otherwise specifically provided, all State and local laws and 
regulations that are in conflict with this rule will be preempted; (2) 
no retroactive effect will be given to this rule except as specifically 
prescribed in the rule; and (3) administrative Division (7 CFR part 11) 
must be exhausted before litigation against the Department is 
instituted.

Paperwork Reduction Act

    The information collection requirements contained in this rule have 
been approved by the Office of Management and Budget (OMB) under the 
provisions of 44 U.S.C. chapter 35 and were assigned OMB control number 
0575-0157 in accordance with the Paperwork Reduction Act of 1995. No 
person is required to respond to a collection of information unless it 
displays a valid OMB control number. This rule does not impose any new 
information collection requirements from those approved by OMB.

Regulatory Flexibility Act

    The Administrator of the Rural Housing Service has determined that 
this rule will not have a significant economic impact on a substantial 
number of small entities as defined in the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.). New provisions included in this rule will not 
impact a substantial number of small entities to a greater extent than 
large entities. Therefore, a regulatory flexibility analysis was not 
performed.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 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, the 
Agencies 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 the agencies 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

[[Page 7651]]

Federal mandates (under the regulatory provisions of title II of the 
UMRA) for State, local, and tribal governments or the private sector. 
Thus, the rule is not subject to the requirements of section 202 and 
205 of the UMRA.

Environmental Impact Statement

    This document has been reviewed in accordance with 7 CFR part 1940, 
subpart G, ``Environmental Program.'' The Agencies have determined that 
this final action does not constitute a major Federal action 
significantly affecting the quality of human environment, and in 
accordance with the National Environmental Policy Act of 1969, 42 
U.S.C. 4321 et seq., an Environmental Impact Statement is not required.

Executive Order 13132, Federalism

    The policies contained in this rule do not have any substantial 
direct effect on States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Nor does this 
rule impose substantial direct compliance costs on State and local 
governments. Therefore, consultation with the States is not required.

Background

    In November 2003, the Federal Register published a Final Rule that 
implemented changes to the governmentwide nonprocurment debarment and 
suspension common rule (NCR) and the associated rule on drug-free 
workplace requirements. The NCR set forth the common policies and 
procedures that Federal Executive branch agencies must use in taking 
suspension or debarment actions. It also established procedures for 
participants and Federal agencies in entering covered transactions. 
Following the procedures set forth in the NCR will help ensure that the 
agency action complies with due process standards and provides the 
public with uniform procedures.

List of Subjects in 7 CFR Part 1944

    Administrative practice and procedure, Grant programs, Housing and 
community development, Loan Programs, Migrant labor, Nonprofit 
organizations, Reporting requirements, Rural Housing.


0
For the reasons set forth in the summary, chapter XVIII, title 7, Code 
of Federal Regulations is amended as follows:

PART 1944--HOUSING

0
1. The authority citation for part 3550 continues to read as follows:

    Authority: 5 U.S.C. 301; 42 U.S.C. 1480.

Subpart B--Housing Application Packaging Grants

0
2. Section 1944.74 is revised to read as follows:


Sec.  1944.74  Debarment or Suspension.

    Certified packagers whose actions or acts warrant they not be 
allowed to participate in the program are to be investigated in 
accordance with agency procedures (available in any Rural Development 
office).

    Dated: January 18, 2005.
Russell T. Davis,
Administrator, Rural Housing Service.
[FR Doc. 05-2903 Filed 2-14-05; 8:45 am]
BILLING CODE 3410-XV-P