83 FR 26359 - Removal of Cross References to Previously Removed Appendices and Subpart

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 83, Issue 110 (June 7, 2018)

This final rule corrects HUD's regulations by removing cross references to appendices and a subpart that were removed by earlier rulemakings. In 1995, HUD removed several appendices throughout HUD's regulations deemed unnecessary or obsolete. In 1996, HUD consolidated its hearing procedures for nondiscrimination and equal opportunity matters in a new CFR part and removed the subpart of another. Cross- references to the removed appendices and subpart were not removed, however. This final rule corrects HUD's regulations by removing cross references to these nonexistent appendices and subpart.

[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Rules and Regulations]
[Pages 26359-26361]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12274]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 1, 8, 16, and 40

[Docket No. FR-6102-F-01]
RIN 2501-AD88


Removal of Cross References to Previously Removed Appendices and 
Subpart

AGENCY: Office of General Counsel, HUD.

ACTION: Final rule.

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SUMMARY: This final rule corrects HUD's regulations by removing cross 
references to appendices and a subpart that were removed by earlier 
rulemakings. In 1995, HUD removed several appendices throughout HUD's 
regulations deemed unnecessary or obsolete. In 1996, HUD consolidated 
its hearing procedures for nondiscrimination and equal opportunity 
matters in a new CFR part and removed the subpart of another. Cross-
references to the removed appendices and subpart were not removed, 
however. This final rule corrects HUD's regulations by removing cross 
references to these nonexistent appendices and subpart.

DATES: Effective July 9, 2018.

FOR FURTHER INFORMATION CONTACT: Ariel Pereira, Associate General 
Counsel, Office of Legislation and Regulations, Department of Housing 
and Urban Development, 451 7th Street SW, Room 10282, Washington, DC 
20410; telephone number 202-402-5138 (this is not a toll-free number). 
Persons with hearing or speech impairments may access this number 
through TTY by calling the Federal Relay Service at 800-877-8339 (this 
is a toll-free number).

SUPPLEMENTARY INFORMATION:

I. Background

    On September 11, 1995 (60 FR 47260), HUD published a final rule 
entitled, ``Elimination of Obsolete Parts'' which removed from 24 CFR 
several appendices deemed obsolete and unnecessary. HUD undertook the 
regulation consistent with the ``Regulatory Reinvention Initiative,'' 
which required federal agencies to eliminate outdated regulations and 
modify others to reduce regulatory burden. Among the provisions removed 
were appendix A in 24 CFR part 1, appendices A and B in 24 CFR part 8, 
appendix A in 24 CFR part 16, and appendix A in 24 CFR part 40.
    On October 4, 1996 (61 FR 52216), HUD published a final rule 
entitled, ``Consolidated HUD Hearing Procedures for Civil Rights 
Matters,'' which revised

[[Page 26360]]

HUD's regulations by removing descriptions of nondiscrimination and 
equal opportunity hearing procedures from individual sections and 
consolidating those descriptions in a new part, 24 CFR part 180. As 
part of the 1996 final rule, HUD removed subpart E of 24 CFR part 8.
    HUD has determined that while these 1995 and 1996 rules removed the 
above-mentioned appendices and subpart, cross references to these 
nonexistent appendices and subpart remain in title 24.

II. This Final Rule

    This final rule removes cross references in title 24 to the 
nonexistent appendices and subpart. In 24 CFR part 16, however, 
removing the references to the nonexistent appendices requires that HUD 
revise Sec.  16.3 to keep the meaning of the regulation the same. The 
deleted appendix in 24 CFR part 16 contained the address for Privacy 
Act inquiries, and this rule replaces the reference to the removed 
appendix with the current contact address for HUD's Privacy Act 
Officer. In removing 24 CFR part 40, appendix A, HUD decided to no 
longer provide a copy of the Uniform Federal Accessibility Standards 
text in its regulation, given that the information is publicly 
available and HUD's appendix would be outdated every time the United 
States Access Board updated the standards. HUD is not providing an 
updated cross-reference in 24 CFR part 40 but notes in this final rule 
that the public may access the most current Uniform Federal 
Accessibility Standards by visiting the website for the United States 
Access Board at www.access-board.gov.

III. 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; see also 5 U.S.C. 553(b)). HUD finds 
that public notice and comment are unnecessary for this rulemaking 
because this rule removes cross references to appendices and to a 
subpart which have already been removed by previous rulemaking, and, as 
such, this rule does not establish or affect substantive policy. This 
rule corrects HUD's regulations and eliminates confusion resulting from 
having cross references to appendices and to a subpart that no longer 
exist. For these reasons, HUD has determined that it is unnecessary to 
delay the effectiveness of this rule to solicit prior public comment.

IV. Findings and Certification

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) 
generally requires an agency to conduct a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Because HUD has determined that good cause exists to issue this rule 
without prior public comment, this rule is not subject to the 
requirement to publish an initial or final regulatory flexibility 
analysis under the RFA as part of such action.

Unfunded Mandates Reform

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) \1\ 
requires that an agency prepare a budgetary impact statement before 
promulgating a rule that includes a Federal mandate that may result in 
the expenditure by State, local, and tribal governments, in the 
aggregate, or by the private sector, of $100 million or more in any one 
year. If a budgetary impact statement is required, section 205 of UMRA 
also requires an agency to identity and consider a reasonable number of 
regulatory alternatives before promulgating a rule.\2\ However, the 
UMRA applies only to rules for which an agency publishes a general 
notice of proposed rulemaking. As discussed above, HUD has determined, 
for good cause, that prior notice and public comment is not required on 
this rule and, therefore, the UMRA does not apply to this final rule.
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    \1\ 2 U.S.C. 1532.
    \2\ 2 U.S.C. 1534.
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Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any rule that has federalism implications if the rule 
either imposes substantial direct compliance costs on State and local 
governments and is not required by statute, or the rule preempts State 
law, unless the agency meets the consultation and funding requirements 
of section 6 of the Executive order. This rule will not have federalism 
implications and would not impose substantial direct compliance costs 
on State and local governments or preempt State law within the meaning 
of the Executive order.

Environmental Review

    This final 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. Accordingly, under 24 CFR 50.19(c)(1), this 
final rule is categorically excluded from environmental review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).

List of Subjects

24 CFR Part 1

    Administrative practice and procedure, Civil rights, Reporting and 
recordkeeping requirements.

24 CFR Part 8

    Administrative practice and procedure, Civil rights, Equal 
employment opportunity, Grant programs--housing and community 
development, Individuals with disabilities, Loan programs--housing and 
community development, Reporting and recordkeeping requirements.

24 CFR Part 16

    Privacy.

24 CFR Part 40

    Individuals with disabilities, Public housing, Reporting and 
recordkeeping requirements.

    Accordingly, for the reasons discussed in this preamble, HUD amends 
24 CFR parts 1, 8, 16, and 40 as follows:

PART 1--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT--EFFECTUATION OF TITLE 
VI OF THE CIVIL RIGHTS ACT OF 1964

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

    Authority: 42 U.S.C. 2000d-1 and 3535(d).


Sec.  1.3  [Amended]

0
2. Amend Sec.  1.3 by removing ``, including any program or activity 
assisted under the statutes listed in appendix A of this part 1'' from 
the first sentence and by removing the last two sentences of the 
section.

[[Page 26361]]

PART 8--NONDISCRIMINATION BASED ON HANDICAP IN FEDERALLY ASSISTED 
PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT

0
3. The authority citation for part 8 continues to read as follows:

    Authority: 29 U.S.C. 794; 42 U.S.C. 3535(d) and 5309.


Sec.  8.1  [Amended]

0
4. In Sec.  8.1, amend paragraph (b) by removing the reference 
``subparts D and E'' and adding in its place ``subpart D''.


Sec.  8.2  [Amended]

0
5. Amend Sec.  8.2 by removing the last sentence of the section.


Sec.  8.4  [Amended]

0
6. In Sec.  8.4, amend paragraph (c)(2) by removing the parenthetical 
``(see appendix B)''.

PART 16--IMPLEMENTATION OF THE PRIVACY ACT OF 1974

0
7. The authority citation for part 16 continues to read as follows:

    Authority: 5 U.S.C. 552(a); 42 U.S.C. 3535(d).


Sec.  16.2  [Amended]

0
8. In Sec.  16.2, amend paragraph (b)(2) by removing the phrase ``, 
identified in Appendix A to this part,''.


Sec.  16.3  [Amended]

0
9. In Sec.  16.3, amend paragraph (a) by removing the phrase ``first 
address listed in Appendix A to this part'' and adding in its place 
``following address: Privacy Act Officer, Department of Housing and 
Urban Development, 451 7th St. SW, Room 10139, Washington, DC 20410''.


Sec.  16.4  [Amended]

0
10. In Sec.  16.4, amend paragraph (a) by removing the phrase 
``identified in Appendix A to this part''.

PART 40--ACCESSIBILITY STANDARDS FOR DESIGN, CONSTRUCTION, AND 
ALTERATION OF PUBLICLY OWNED RESIDENTIAL STRUCTURES

0
11. The authority citation for part 40 continues to read as follows:

    Authority: 42 U.S.C. 3535(d), 4153.


Sec.  40.2  [Amended]

0
12. In Sec.  40.2, amend paragraph (b)(3) by removing ``contained in 
appendix A to this part''.


Sec.  40.4  [Amended]

0
13. Amend Sec.  40.4 by removing ``the specifications contained in 
appendix A to this part,''.

    Dated: May 30, 2018.
J. Paul Compton, Jr.,
General Counsel.
[FR Doc. 2018-12274 Filed 6-6-18; 8:45 am]
BILLING CODE 4210-67-P