[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)]
[Rules and Regulations]
[Page 88627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29446]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 100

[Docket No. FR 5508-C-04]


Application of the Fair Housing Act's Discriminatory Effects 
Standard to Insurance; Correction

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity, HUD.

ACTION: Classification of published document; correction.

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SUMMARY: On October 5, 2016, HUD published a document in response to a 
court remand, which was miscategorized and placed in the ``proposed 
rules'' section of the Federal Register. See 81 FR 69012 (Oct. 5, 
2016). The October 5, 2016, document is neither a proposed rule, nor is 
it related to a proposed rule. Rather, the October 5, 2016, document 
responds to a court remand on a final rule by supplementing HUD's 
responses to certain insurance industry comments that HUD responded to 
in the preamble to its final rule, entitled ``Implementation of the 
Fair Housing Act's Discriminatory Effects Standard,'' 78 FR 11460 (Feb. 
15, 2013). HUD issues this correction to clarify that the published 
document was related to a final rule and thus should have been 
categorized and published in the ``rules and regulations'' section of 
the Federal Register.

DATES: December 8, 2016.

FOR FURTHER INFORMATION CONTACT: With respect to this supplementary 
document, contact Ariel Pereira, Associate General Counsel for 
Legislation and Regulations, Department of Housing and Urban 
Development, 451 7th Street SW., Room 10238, Washington, DC 20410; 
telephone number 202-708-1793 (this is not a toll-free number). Persons 
with hearing or speech impairments may access this number through TTY 
by calling the toll-free Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: Pursuant to 1 CFR 5.9, the Federal Register 
must select one of four different categories for publishing documents: 
The President, Rules and regulations, Proposed rules, and Notices. 
Documents in the ``rules and regulations'' category include documents 
that ``affect other documents previously published in the rules and 
regulations section,'' whereas documents in the ``proposed rules'' 
category include documents that ``affect or relate to other documents 
previously published in the proposed rules section.'' 1 CFR 5.9(b), (c) 
(emphasis added).
    On October 5, 2016, HUD published a document entitled ``Application 
of the Fair Housing Act's Discriminatory Effects Standard to 
Insurance,'' see 81 FR 69012 (Oct. 5, 2016), which supplements 
responses previously published with the final rule, ``Implementation of 
the Fair Housing Act's Discriminatory Effects Standard.'' See 78 FR 
11460 (Feb. 15, 2013). Because the October 5, 2016, document 
``affect[ed an]other document[ ] previously published in the rules and 
regulations section,'' namely HUD's February 15, 2013 final rule, it 
falls within the ``rules and regulations'' category pursuant to 1 CFR 
5.9(b). Therefore, HUD issues this correction to make clear that the 
document published on October 5, 2016, was not a document that affects 
or relates to a document previously published in the ``proposed rules'' 
section, but rather was a final agency action related to a final rule 
that should have been categorized and published in the ``rules and 
regulations'' category.

    Dated: December 5, 2016.
 Ariel Pereira,
 Associate General Counsel for Legislation and Regulations.
[FR Doc. 2016-29446 Filed 12-7-16; 8:45 am]
 BILLING CODE 4210-67-P