80 FR 46486 - Affirmatively Furthering Fair Housing; Technical Correction

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 80, Issue 150 (August 5, 2015)

Page Range		46486-46487
FR Document		2015-19214

This document corrects a typographical error in HUD's final rule on Affirmatively Furthering Fair Housing, published on July 16, 2015.

Federal Register, Volume 80 Issue 150 (Wednesday, August 5, 2015)

[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Rules and Regulations]
[Pages 46486-46487]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19214]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 5

[Docket No. FR-5173-C-06]
RIN 2501-AD33


Affirmatively Furthering Fair Housing; Technical Correction

AGENCY: Office of the General Counsel, HUD.

ACTION: Final rule, technical correction.

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SUMMARY: This document corrects a typographical error in HUD's final 
rule on Affirmatively Furthering Fair Housing, published on July 16, 
2015.

DATES:  Effective: August 17, 2015.

FOR FURTHER INFORMATION CONTACT: For further information about this 
technical correction, contact Camille E. Acevedo, Associate General 
Counsel for Legislation and Regulations, Office of General Counsel, 
Department of Housing and Urban Development, 451 7th Street SW., Room 
10282, Washington, DC 20410-0500; telephone

[[Page 46487]]

number 202-708-1793 (this is not a toll-free number). Persons who are 
deaf or hard of hearing and persons with speech impairments may access 
this number through TTY by calling the toll-free Federal Relay Service 
at 800-877-8339.

SUPPLEMENTARY INFORMATION: On July 16, 2015, at 42271, HUD published a 
final rule to provide HUD program participants with an approach to help 
them better incorporate into their planning processes the duty to 
affirmatively further the purposes and policies of the Fair Housing 
Act, so they can more effectively meet their long-standing fair housing 
obligations. Under this rule, recipients of HUD funds will prepare an 
Assessment of Fair Housing (AFH), developed in accordance with 
requirements provided in the rule, and will submit the AFH to HUD. In 
detailing submission requirements, the rule explains when different 
program participants must submit to HUD their first AFH. New regulatory 
Sec.  5.160 contains submission deadlines for program participants to 
submit their first AFHs to HUD. Section 5.160(a)(1)(i)(C) in the final 
rule, which describes the deadline by when consolidated plan 
participants that are Insular Areas or States must submit their first 
AFH to HUD, inadvertently omitted the word ``year'' after ``program'' 
and omitted the word ``plan'' after the second occurrence of the word 
``consolidated.'' Therefore, this document revises 24 CFR 
5.160(a)(1)(i)(C) to include these two missing words.

Correction

    Accordingly, FR Doc. 2015-17032, Affirmatively Furthering Fair 
Housing (FR-5173-F-04), published in the Federal Register on July 16, 
2015 (80 FR 42271) is corrected as follows:
    On page 42357, revise the first full paragraph in the third column, 
beginning on the third line of the column (24 CFR 5.160(a)(1)(i)(C)), 
to read as follows ``(C) For consolidated plan participants that are 
Insular Areas or States, the program year that begins on or after 
January 1, 2018 for which a new consolidated plan is due, as provided 
in 24 CFR 91.15(b)(2); and''

    Dated: July 29, 2015.
Camille E. Acevedo,
Association General Counsel for Legislation and Regulations.
[FR Doc. 2015-19214 Filed 8-4-15; 8:45 am]
 BILLING CODE 4210-67-P

46486 Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations

this type of device, as well as the type is not exempt from premarket § 878.4670 Internal tissue marker.
mitigation measures required to mitigate notification requirements. Persons who (a) Identification. An internal tissue
these risks in Table 1. intend to market this type of device marker is a prescription use device that
must submit to FDA a premarket is intended for use prior to or during
TABLE 1—INTERNAL TISSUE MARKER notification, prior to marketing the general surgical procedures to
RISKS AND MITIGATION MEASURES device, which contains information demarcate selected sites on internal
about the internal tissue marker they tissues.
Identified Risks and Mitigation Measures intend to market. (b) Classification. Class II (special
II. Environmental Impact controls). The special controls for this
Identified risk Mitigation measures
device are:
The Agency has determined under 21 (1) The device must be demonstrated
Adverse Tissue Reac- Biocompatibility Test- CFR 25.34(b) that this action is of a type
tion. ing. to be biocompatible. Material names and
Sterilization Testing.
that does not individually or specific designation numbers must be
Shelf Life/Stability cumulatively have a significant effect on provided.
Testing. the human environment. Therefore, (2) Performance testing must
Performance Testing. neither an environmental assessment demonstrate that the device performs as
Labeling. nor an environmental impact statement intended to mark the tissue for which it
Ineffective Marking .... Performance Testing. is required. is indicated.
Shelf Life/Stability
Testing. III. Paperwork Reduction Act of 1995 (3) Performance data must
Labeling. This final order establishes special demonstrate the sterility of the device.
Improper Use ............ Labeling. controls that refer to previously (4) Performance data must support the
approved collections of information shelf life of the device by demonstrating
FDA believes that the following found in other FDA regulations. These sterility, package integrity, device
special controls, in combination with collections of information are subject to functionality, and material stability over
the general controls, address these risks review by the Office of Management and the requested shelf life.
to health and provide reasonable Budget (OMB) under the Paperwork (5) Labeling must include:
assurance of safety and effectiveness: Reduction Act of 1995 (44 U.S.C. 3501– (i) A warning that the device must not
• The device must be demonstrated to 3520). The collections of information in be used on a non-sterile surface prior to
be biocompatible. Material names and 21 CFR part 807, subpart E, regarding use internally.
specific designation numbers must be premarket notification submissions have (ii) An expiration date/shelf life.
provided. (iii) Single use only labeling must be
been approved under OMB control
• Performance testing must number 0910–0120, and the collections
labeled directly on the device.
demonstrate that the device performs as of information in 21 CFR part 801, Dated: July 30, 2015.
intended to mark the tissue for which it regarding labeling have been approved Leslie Kux,
is indicated. under OMB control number 0910–0485. Associate Commissioner for Policy.
• Performance data must demonstrate [FR Doc. 2015–19177 Filed 8–4–15; 8:45 am]
the sterility of the device. IV. Reference
• Performance data must support the
BILLING CODE 4164–01–P
The following reference has been
shelf life of the device by demonstrating placed on display in the Division of
sterility, package integrity, device Dockets Management (HFA–305), Food
functionality, and material stability over DEPARTMENT OF HOUSING AND
and Drug Administration, 5630 Fishers
the requested shelf life. URBAN DEVELOPMENT
Lane, Rm. 1061, Rockville, MD 20852,
• Labeling must include: and may be seen by interested persons 24 CFR Part 5
Æ A warning that the device must not between 9 a.m. and 4 p.m., Monday
be used on a non-sterile surface prior to through Friday, and is available [Docket No. FR–5173–C–06]
use internally. electronically at http:// RIN 2501–AD33
Æ An expiration date/shelf life. www.regulations.gov.
Æ Single use only labeling must be 1. DEN130004: De Novo Request from VasoPrep Affirmatively Furthering Fair Housing;
labeled directly on the device. Surgical (formerly Moerae Matrix, Inc.), Technical Correction
Internal tissue marker is a dated May 3, 2013.
prescription device restricted to patient AGENCY: Office of the General Counsel,
use only upon the authorization of a List of Subjects in 21 CFR Part 878 HUD.
practitioner licensed by law to Medical devices. ACTION: Final rule, technical correction.
administer or use the device; see 21 CFR Therefore, under the Federal Food,
801.109 (Prescription devices). Drug, and Cosmetic Act and under SUMMARY: This document corrects a
Section 510(m) of the FD&C Act authority delegated to the Commissioner typographical error in HUD’s final rule
provides that FDA may exempt a class of Food and Drugs, 21 CFR part 878 is on Affirmatively Furthering Fair
II device from the premarket notification amended as follows: Housing, published on July 16, 2015.
requirements under section 510(k) of the DATES: Effective: August 17, 2015.
FD&C Act, if FDA determines that PART 878—GENERAL AND PLASTIC FOR FURTHER INFORMATION CONTACT: For
premarket notification is not necessary SURGERY DEVICES further information about this technical
to provide reasonable assurance of the correction, contact Camille E. Acevedo,
Lhorne on DSK7TPTVN1PROD with RULES

safety and effectiveness of the device. ■ 1. The authority citation for 21 CFR
Associate General Counsel for
For this type of device, FDA has part 878 continues to read as follows:
Legislation and Regulations, Office of
determined that premarket notification Authority: 21 U.S.C. 351, 360, 360c, 360e, General Counsel, Department of
is necessary to provide reasonable 360j, 360l, 371. Housing and Urban Development, 451
assurance of the safety and effectiveness ■ 2. Add § 878.4670 to subpart E to read 7th Street SW., Room 10282,
of the device. Therefore, this device as follows: Washington, DC 20410–0500; telephone

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Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations 46487

number 202–708–1793 (this is not a toll- DEPARTMENT OF LABOR occupational safety and health issue
free number). Persons who are deaf or with respect to which a federal standard
hard of hearing and persons with speech Occupational Safety and Health has been promulgated may submit a
impairments may access this number Administration State Plan to the Assistant Secretary of
through TTY by calling the toll-free Labor for Occupational Safety and
Federal Relay Service at 800–877–8339. 29 CFR Part 1956 Health (‘‘Assistant Secretary’’)
documenting the proposed program in
SUPPLEMENTARY INFORMATION: On July [Docket No. OSHA–2015–0003]
detail. Regulations promulgated
16, 2015, at 42271, HUD published a RIN 1218–AC97 pursuant to the OSH Act at 29 CFR part
final rule to provide HUD program 1956 provide that a state may submit a
participants with an approach to help Maine State Plan for State and Local State Plan for the development and
them better incorporate into their Government Employers enforcement of occupational safety and
planning processes the duty to health standards applicable only to
AGENCY: Occupational Safety and Health
affirmatively further the purposes and employers of the state and its political
Administration (OSHA), Department of
policies of the Fair Housing Act, so they subdivisions (‘‘public employers’’).
Labor. Under these regulations the Assistant
can more effectively meet their long-
ACTION: Notice of initial approval Secretary will approve a State Plan for
standing fair housing obligations. Under
determination. State and Local Government Only if the
this rule, recipients of HUD funds will
prepare an Assessment of Fair Housing Plan provides for the development and
SUMMARY: The Maine State and Local enforcement of standards relating to
(AFH), developed in accordance with Government Only State Plan, a state hazards in employment covered by the
requirements provided in the rule, and occupational safety and health plan Plan, which are or will be at least as
will submit the AFH to HUD. In applicable only to public sector effective in providing safe and healthful
detailing submission requirements, the employment (employees of the state and employment and places of employment
rule explains when different program its political subdivisions), is approved as standards promulgated and enforced
participants must submit to HUD their as a developmental plan under the under Section 6 of the OSH Act, giving
first AFH. New regulatory § 5.160 Occupational Safety and Health Act of due consideration to differences
contains submission deadlines for 1970 and OSHA regulations. Under the between public and private sector
program participants to submit their approved Plan, the Maine Department of employment. In making this
first AFHs to HUD. Section Labor is designated as the state agency determination the Assistant Secretary
5.160(a)(1)(i)(C) in the final rule, which responsible for the development and will consider, among other things, the
describes the deadline by when enforcement of occupational safety and criteria and indices of effectiveness set
consolidated plan participants that are health standards applicable to state and forth in 29 CFR part 1956, subpart B.
Insular Areas or States must submit local government employment A State and Local Government Only
their first AFH to HUD, inadvertently throughout the state. The Occupational State Plan may receive initial approval
Safety and Health Administration even though, upon submission, it does
omitted the word ‘‘year’’ after
(OSHA) retains full authority for not fully meet the criteria set forth in 29
‘‘program’’ and omitted the word ‘‘plan’’
coverage of private sector employees in CFR 1956.10 and 1956.11, if it includes
after the second occurrence of the word the State of Maine, as well as for
‘‘consolidated.’’ Therefore, this satisfactory assurances by the state that
coverage of federal government the state will take the necessary steps,
document revises 24 CFR employees. and establishes an acceptable
5.160(a)(1)(i)(C) to include these two
DATES: Effective: August 5, 2015. developmental schedule, to meet the
missing words. criteria within a three year period (29
FOR FURTHER INFORMATION CONTACT: For
Correction CFR 1956.2(b)). The Assistant Secretary
press inquiries: Contact Francis
may publish a notice of ‘‘certification of
Accordingly, FR Doc. 2015–17032, Meilinger, Office of Communications,
completion of developmental steps’’
Room N–3647, OSHA, U.S. Department
Affirmatively Furthering Fair Housing when all of a state’s developmental
of Labor, 200 Constitution Avenue NW.,
(FR–5173–F–04), published in the commitments have been met
Washington, DC 20210; telephone (202)
Federal Register on July 16, 2015 (80 FR satisfactorily (29 CFR 1956.23; 1902.33
693–1999; email meilinger.francis2@
42271) is corrected as follows: and 1902.34) and the Plan is structurally
dol.gov.
On page 42357, revise the first full complete. After certification of a State
For general and technical
paragraph in the third column, Plan for State and Local Government
information: Contact Douglas J.
Only, OSHA may initiate a period of at
beginning on the third line of the Kalinowski, Director, OSHA Directorate
least one year of intensive performance
column (24 CFR 5.160(a)(1)(i)(C)), to of Cooperative and State Programs,
monitoring, after which OSHA may
read as follows ‘‘(C) For consolidated Room N–3700, U.S. Department of
make a determination under the
plan participants that are Insular Areas Labor, 200 Constitution Avenue NW.,
procedures of 29 CFR 1902.38, 1902.39,
or States, the program year that begins Washington, DC 20210; telephone (202)
1902.40 and 1902.41 as to whether, on
on or after January 1, 2018 for which a 693–2200; email: kalinowski.doug@
the basis of actual operations, the
new consolidated plan is due, as dol.gov.
criteria set forth in 29 CFR 1956.10 and
provided in 24 CFR 91.15(b)(2); and’’ SUPPLEMENTARY INFORMATION: 1956.11 for ‘‘at least as effective’’ State
Dated: July 29, 2015. A. Introduction Plan performance are being applied
under the Plan.
Lhorne on DSK7TPTVN1PROD with RULES

Camille E. Acevedo,
Section 18 of the Occupational Safety
Association General Counsel for Legislation and Health Act of 1970 (the ‘‘OSH B. History of the Present Proceeding
and Regulations. Act’’), 29 U.S.C. 667, provides that a Since 1971, the Maine Department of
[FR Doc. 2015–19214 Filed 8–4–15; 8:45 am] state which desires to assume Labor, Bureau of Labor Standards
BILLING CODE 4210–67–P responsibility for the development and (Bureau), has adopted standards and
enforcement of standards relating to any performed inspections in the public

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Document Created: 2018-02-23 10:53:09
Document Modified: 2018-02-23 10:53:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule, technical correction.
Dates		Effective: August 17, 2015.
Contact		For further information about this technical correction, contact Camille E. Acevedo, Associate General Counsel for Legislation and Regulations, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10282, Washington, DC 20410-0500; telephone number 202-708-1793 (this is not a toll-free number). Persons who are deaf or hard of hearing and persons with speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339.
FR Citation		80 FR 46486
RIN Number		2501-AD33