83_FR_26469 83 FR 26359 - Removal of Cross References to Previously Removed Appendices and Subpart

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)

Page Range26359-26361
FR Document2018-12274

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 Issue 110 (Thursday, June 7, 2018)
[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \1\ 2 U.S.C. 1532.
    \2\ 2 U.S.C. 1534.
---------------------------------------------------------------------------

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



                                                                  Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations                                         26359

                                              have received or lack thereof in the                    process. It is manufactured by the                     DEPARTMENT OF HOUSING AND
                                              Federal Register.                                       combustion of aromatic petroleum oil                   URBAN DEVELOPMENT
                                                                                                      feedstock and consists essentially of
                                              IX. References                                                                                                 24 CFR Parts 1, 8, 16, and 40
                                                                                                      pure carbon, formed as aggregated fine
                                                The following references are on                       particles with a surface area range of 50              [Docket No. FR–6102–F–01]
                                              display with the Dockets Management                     to 260 meters (m)2/gram.
                                              Staff (see ADDRESSES) and are available                   (b) Specifications. D&C Black No. 4                  RIN 2501–AD88
                                              for viewing by interested persons                       must conform to the following
                                              between 9 a.m. and 4 p.m., Monday                                                                              Removal of Cross References to
                                                                                                      specifications and must be free from
                                              through Friday; they also are available                                                                        Previously Removed Appendices and
                                                                                                      impurities other than those named to
                                              electronically at https://                                                                                     Subpart
                                                                                                      the extent that such other impurities
                                              www.regulations.gov. References that                    may be avoided by good manufacturing                   AGENCY:   Office of General Counsel,
                                              are published articles and books are not                practice:                                              HUD.
                                              on display.                                               (1) Surface area by nitrogen BET                     ACTION:   Final rule.
                                              1. Memorandum from H. Lee, Division of                  (Brunauer, Emmett, Teller) method, 50
                                                   Petition Review, Office of Food Additive           to 260 m2/gram.                                        SUMMARY:    This final rule corrects HUD’s
                                                   Safety (OFAS), CFSAN, FDA to J.                      (2) Weight loss on heating at 950 °C                 regulations by removing cross references
                                                   Thomas, Division of Petition Review,                                                                      to appendices and a subpart that were
                                                                                                      for 7 minutes (predried for 1 hour at 125
                                                   OFAS, CFSAN, FDA, dated April 27,                                                                         removed by earlier rulemakings. In
                                                   2018.                                              °C), not more than 2 percent.
                                                                                                        (3) Ash content, not more than 0.15                  1995, HUD removed several appendices
                                              2. Choi H, R. Harrison, H. Komulainen, et al.,                                                                 throughout HUD’s regulations deemed
                                                   ‘‘Polycyclic Aromatic Hydrocarbons.’’              percent.
                                                   WHO Guidelines for Indoor Air Quality:
                                                                                                                                                             unnecessary or obsolete. In 1996, HUD
                                                                                                        (4) Arsenic (total), not more than 3
                                                   Selected Pollutants. Geneva: World                                                                        consolidated its hearing procedures for
                                                                                                      milligrams per kilogram (mg/kg) (3 parts
                                                   Health Organization; 2010.                                                                                nondiscrimination and equal
                                                                                                      per million).
                                              3. Brune H., R. P. Deutsch-Wenzel, M. Habs,                                                                    opportunity matters in a new CFR part
                                                   et al., ‘‘Investigation of the Tumorigenic           (5) Lead (total), not more than 10 mg/               and removed the subpart of another.
                                                   Response to Benzo(a)pyrene in Aqueous              kg (10 parts per million).                             Cross-references to the removed
                                                   Caffeine Solution Applied Orally to                  (6) Mercury (total), not more than 1                 appendices and subpart were not
                                                   Sprague-Dawley Rats,’’ Journal of Cancer           mg/kg (1 part per million).                            removed, however. This final rule
                                                   Research and Clinical Oncology,                      (7) Total sulfur, not more than 0.65                 corrects HUD’s regulations by removing
                                                   102(2):153–157, 1981.                              percent.
                                              4. Memorandum from N. Anyangwe, Division
                                                                                                                                                             cross references to these nonexistent
                                                   of Petition Review, OFAS, CFSAN, FDA                 (8) Total polycyclic aromatic                        appendices and subpart.
                                                   to J. Thomas, Division of Petition                 hydrocarbons (PAHs), not more than 0.5                 DATES: Effective July 9, 2018.
                                                   Review, OFAS, CFSAN, FDA, dated                    mg/kg (500 parts per billion).                         FOR FURTHER INFORMATION CONTACT:
                                                   April 27, 2018.                                      (9) Benzo[a]pyrene, not more than                    Ariel Pereira, Associate General
                                              5. Memorandum from the Indirect Additives               0.005 mg/kg (5 parts per billion).                     Counsel, Office of Legislation and
                                                   Branch, FDA, to the Executive Secretary,             (10) Dibenz[a,h]anthracene, not more
                                                   Quantitative Risk Assessment
                                                                                                                                                             Regulations, Department of Housing and
                                                                                                      than 0.005 mg/kg (5 parts per billion).                Urban Development, 451 7th Street SW,
                                                   Committee, FDA, concerning
                                                   ‘‘Estimation of the Upper-bound Lifetime             (11) Total color (as carbon), not less               Room 10282, Washington, DC 20410;
                                                   Risk from Polynuclear Aromatic                     than 95 percent.                                       telephone number 202–402–5138 (this
                                                   Hydrocarbons (PAH’s) in High-Purity                  (c) Uses and restrictions. (1) D&C                   is not a toll-free number). Persons with
                                                   Furnace Black (HPFB): subject of Food              Black No. 4 may be safely used at a level              hearing or speech impairments may
                                                   Additive Petition No. 5B4464 (Cabot                not to exceed 1.0 percent by weight of                 access this number through TTY by
                                                   Corp.),’’ dated May 9, 1996.                       the suture material for coloring ultra-                calling the Federal Relay Service at 800–
                                              List of Subjects in 21 CFR Part 74                      high molecular weight polyethylene                     877–8339 (this is a toll-free number).
                                                                                                      non-absorbable sutures for general                     SUPPLEMENTARY INFORMATION:
                                                Color additives, Cosmetics, Drugs.                    surgical use.
                                                Therefore, under the Federal Food,                      (2) Authorization and compliance                     I. Background
                                              Drug, and Cosmetic Act and under                        with this use must not be construed as                    On September 11, 1995 (60 FR 47260),
                                              authority delegated to the Commissioner                 waiving any of the requirements of                     HUD published a final rule entitled,
                                              of Food and Drugs, 21 CFR part 74 is                    sections 510(k), 515, and 520(g) of the                ‘‘Elimination of Obsolete Parts’’ which
                                              amended as follows:                                     Federal Food, Drug, and Cosmetic Act                   removed from 24 CFR several
                                                                                                      with respect to the ultra-high molecular               appendices deemed obsolete and
                                              PART 74—LISTING OF COLOR                                weight polyethylene surgical sutures in                unnecessary. HUD undertook the
                                              ADDITIVES SUBJECT TO                                    which D&C Black No. 4 is used.                         regulation consistent with the
                                              CERTIFICATION                                                                                                  ‘‘Regulatory Reinvention Initiative,’’
                                                                                                        (d) Labeling. The label of the color
                                              ■ 1. The authority citation for part 74                 additive must conform to the                           which required federal agencies to
                                              continues to read as follows:                           requirements of § 70.25 of this chapter.               eliminate outdated regulations and
                                                                                                        (e) Certification. All batches of D&C                modify others to reduce regulatory
                                                Authority: 21 U.S.C. 321, 341, 342, 343,                                                                     burden. Among the provisions removed
                                              348, 351, 352, 355, 361, 362, 371, 379e.                Black No. 4 must be certified in
                                                                                                      accordance with regulations in part 80                 were appendix A in 24 CFR part 1,
sradovich on DSK3GMQ082PROD with RULES




                                              ■ 2. Section 74.3054 is added to subpart                of this chapter.                                       appendices A and B in 24 CFR part 8,
                                              D to read as follows:                                                                                          appendix A in 24 CFR part 16, and
                                                                                                        Dated: June 1, 2018.
                                                                                                                                                             appendix A in 24 CFR part 40.
                                              § 74.3054   D&C Black No. 4.                            Leslie Kux,                                               On October 4, 1996 (61 FR 52216),
                                                (a) Identity. The color additive D&C                  Associate Commissioner for Policy.                     HUD published a final rule entitled,
                                              Black No. 4 is a high-purity carbon                     [FR Doc. 2018–12218 Filed 6–6–18; 8:45 am]             ‘‘Consolidated HUD Hearing Procedures
                                              black prepared by the oil furnace                       BILLING CODE 4164–01–P                                 for Civil Rights Matters,’’ which revised


                                         VerDate Sep<11>2014   15:41 Jun 06, 2018   Jkt 244001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\07JNR1.SGM   07JNR1


                                              26360               Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations

                                              HUD’s regulations by removing                           and to a subpart that no longer exist. For              Environmental Review
                                              descriptions of nondiscrimination and                   these reasons, HUD has determined that
                                              equal opportunity hearing procedures                    it is unnecessary to delay the                             This final rule does not direct,
                                              from individual sections and                            effectiveness of this rule to solicit prior             provide for assistance or loan and
                                              consolidating those descriptions in a                   public comment.                                         mortgage insurance for, or otherwise
                                              new part, 24 CFR part 180. As part of                                                                           govern or regulate, real property
                                                                                                      IV. Findings and Certification                          acquisition, disposition, leasing,
                                              the 1996 final rule, HUD removed
                                              subpart E of 24 CFR part 8.                             Regulatory Flexibility Act                              rehabilitation, alteration, demolition, or
                                                 HUD has determined that while these                     The Regulatory Flexibility Act (RFA)                 new construction, or establish, revise or
                                              1995 and 1996 rules removed the above-                  (5 U.S.C. 601 et seq.) generally requires               provide for standards for construction or
                                              mentioned appendices and subpart,                       an agency to conduct a regulatory                       construction materials, manufactured
                                              cross references to these nonexistent                   flexibility analysis of any rule subject to             housing, or occupancy. Accordingly,
                                              appendices and subpart remain in title                  notice and comment rulemaking                           under 24 CFR 50.19(c)(1), this final rule
                                              24.                                                     requirements, unless the agency certifies               is categorically excluded from
                                              II. This Final Rule                                     that the rule will not have a significant               environmental review under the
                                                 This final rule removes cross                        economic impact on a substantial                        National Environmental Policy Act of
                                              references in title 24 to the nonexistent               number of small entities. Because HUD                   1969 (42 U.S.C. 4321).
                                              appendices and subpart. In 24 CFR part                  has determined that good cause exists to
                                                                                                      issue this rule without prior public                    List of Subjects
                                              16, however, removing the references to
                                              the nonexistent appendices requires that                comment, this rule is not subject to the                24 CFR Part 1
                                              HUD revise § 16.3 to keep the meaning                   requirement to publish an initial or final
                                              of the regulation the same. The deleted                 regulatory flexibility analysis under the                 Administrative practice and
                                              appendix in 24 CFR part 16 contained                    RFA as part of such action.                             procedure, Civil rights, Reporting and
                                              the address for Privacy Act inquiries,                  Unfunded Mandates Reform                                recordkeeping requirements.
                                              and this rule replaces the reference to                   Section 202 of the Unfunded                           24 CFR Part 8
                                              the removed appendix with the current                   Mandates Reform Act of 1995 (UMRA) 1
                                              contact address for HUD’s Privacy Act                   requires that an agency prepare a                         Administrative practice and
                                              Officer. In removing 24 CFR part 40,                    budgetary impact statement before                       procedure, Civil rights, Equal
                                              appendix A, HUD decided to no longer                    promulgating a rule that includes a                     employment opportunity, Grant
                                              provide a copy of the Uniform Federal                   Federal mandate that may result in the                  programs—housing and community
                                              Accessibility Standards text in its                     expenditure by State, local, and tribal                 development, Individuals with
                                              regulation, given that the information is               governments, in the aggregate, or by the                disabilities, Loan programs—housing
                                              publicly available and HUD’s appendix                   private sector, of $100 million or more                 and community development, Reporting
                                              would be outdated every time the                        in any one year. If a budgetary impact                  and recordkeeping requirements.
                                              United States Access Board updated the                  statement is required, section 205 of
                                              standards. HUD is not providing an                      UMRA also requires an agency to                         24 CFR Part 16
                                              updated cross-reference in 24 CFR part                  identity and consider a reasonable
                                              40 but notes in this final rule that the                                                                            Privacy.
                                                                                                      number of regulatory alternatives before
                                              public may access the most current                      promulgating a rule.2 However, the                      24 CFR Part 40
                                              Uniform Federal Accessibility                           UMRA applies only to rules for which
                                              Standards by visiting the website for the               an agency publishes a general notice of                   Individuals with disabilities, Public
                                              United States Access Board at                           proposed rulemaking. As discussed                       housing, Reporting and recordkeeping
                                              www.access-board.gov.                                   above, HUD has determined, for good                     requirements.
                                              III. Justification for Final Rulemaking                 cause, that prior notice and public                       Accordingly, for the reasons
                                                                                                      comment is not required on this rule                    discussed in this preamble, HUD
                                                 HUD generally publishes a rule for
                                                                                                      and, therefore, the UMRA does not                       amends 24 CFR parts 1, 8, 16, and 40
                                              public comment before issuing a rule for
                                                                                                      apply to this final rule.                               as follows:
                                              effect, in accordance with its own
                                              regulations on rulemaking at 24 CFR                     Executive Order 13132, Federalism
                                              part 10. Part 10 provides for exceptions                                                                        PART 1—NONDISCRIMINATION IN
                                                                                                         Executive Order 13132 (entitled
                                              to the general rule if the agency finds                                                                         FEDERALLY ASSISTED PROGRAMS
                                                                                                      ‘‘Federalism’’) prohibits an agency from
                                              good cause to omit advance notice and                   publishing any rule that has federalism                 OF THE DEPARTMENT OF HOUSING
                                              public participation. The good cause                    implications if the rule either imposes                 AND URBAN DEVELOPMENT—
                                              requirement is satisfied when prior                     substantial direct compliance costs on                  EFFECTUATION OF TITLE VI OF THE
                                              public procedure is ‘‘impracticable,                    State and local governments and is not                  CIVIL RIGHTS ACT OF 1964
                                              unnecessary, or contrary to the public                  required by statute, or the rule preempts
                                              interest’’ (24 CFR 10.1; see also 5 U.S.C.              State law, unless the agency meets the                  ■ 1. The authority citation for part 1
                                              553(b)). HUD finds that public notice                   consultation and funding requirements                   continues to read as follows:
                                              and comment are unnecessary for this                    of section 6 of the Executive order. This                   Authority: 42 U.S.C. 2000d–1 and 3535(d).
                                              rulemaking because this rule removes                    rule will not have federalism
                                              cross references to appendices and to a                 implications and would not impose                       § 1.3   [Amended]
sradovich on DSK3GMQ082PROD with RULES




                                              subpart which have already been                         substantial direct compliance costs on
                                              removed by previous rulemaking, and,                    State and local governments or preempt                  ■ 2. Amend § 1.3 by removing ‘‘,
                                              as such, this rule does not establish or                State law within the meaning of the                     including any program or activity
                                              affect substantive policy. This rule                    Executive order.                                        assisted under the statutes listed in
                                              corrects HUD’s regulations and                                                                                  appendix A of this part 1’’ from the first
                                              eliminates confusion resulting from                       12   U.S.C. 1532.                                     sentence and by removing the last two
                                              having cross references to appendices                     22   U.S.C. 1534.                                     sentences of the section.


                                         VerDate Sep<11>2014   15:41 Jun 06, 2018   Jkt 244001   PO 00000    Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\07JNR1.SGM   07JNR1


                                                                  Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations                                               26361

                                              PART 8—NONDISCRIMINATION                                § 40.4   [Amended]                                     DoD-level FOIA rule at 32 CFR part 286,
                                              BASED ON HANDICAP IN FEDERALLY                          ■ 13. Amend § 40.4 by removing ‘‘the                   the Department is eliminating the need
                                              ASSISTED PROGRAMS AND                                   specifications contained in appendix A                 for this separate FOIA rule and reducing
                                              ACTIVITIES OF THE DEPARTMENT OF                         to this part,’’.                                       costs to the public as explained in the
                                              HOUSING AND URBAN                                                                                              preamble of the DoD-level FOIA rule
                                                                                                         Dated: May 30, 2018.
                                              DEVELOPMENT                                                                                                    published at 83 FR 5196–5197.
                                                                                                      J. Paul Compton, Jr.,                                     This rule is not significant under
                                              ■ 3. The authority citation for part 8                  General Counsel.                                       Executive Order (E.O.) 12866,
                                              continues to read as follows:                           [FR Doc. 2018–12274 Filed 6–6–18; 8:45 am]             ‘‘Regulatory Planning and Review,’’
                                                Authority: 29 U.S.C. 794; 42 U.S.C. 3535(d)           BILLING CODE 4210–67–P                                 therefore, E.O. 13771, ‘‘Reducing
                                              and 5309.                                                                                                      Regulation and Controlling Regulatory
                                                                                                                                                             Costs’’ does not apply.
                                              § 8.1    [Amended]                                      DEPARTMENT OF DEFENSE                                  List of Subjects in 32 CFR Part 806
                                              ■ 4. In § 8.1, amend paragraph (b) by                                                                            Freedom of information.
                                                                                                      Department of the Air Force
                                              removing the reference ‘‘subparts D and
                                              E’’ and adding in its place ‘‘subpart D’’.                                                                     PART 806—[REMOVED]
                                                                                                      32 CFR Part 806
                                              § 8.2    [Amended]                                      [Docket ID: USAF–2017–HQ–0001]                         ■ Accordingly, by the authority of 5
                                              ■ 5. Amend § 8.2 by removing the last                                                                          U.S.C. 301, 32 CFR part 806 is removed.
                                                                                                      RIN 0701–AA76
                                              sentence of the section.                                                                                       Bao-Anh Trinh,
                                                                                                      Air Force Freedom of Information Act                   Air Force Federal Register Liaison Officer.
                                              § 8.4    [Amended]                                      Program
                                                                                                                                                             [FR Doc. 2018–12237 Filed 6–6–18; 8:45 am]
                                              ■ 6. In § 8.4, amend paragraph (c)(2) by                AGENCY:    Department of the Air Force,                BILLING CODE 5001–10–P
                                              removing the parenthetical ‘‘(see                       DoD.
                                              appendix B)’’.
                                                                                                      ACTION:   Final rule.
                                              PART 16—IMPLEMENTATION OF THE                                                                                  DEPARTMENT OF HOMELAND
                                                                                                      SUMMARY:    This final rule removes the                SECURITY
                                              PRIVACY ACT OF 1974                                     Department of the Air Force’s regulation
                                                                                                      concerning the Freedom of Information                  Coast Guard
                                              ■ 7. The authority citation for part 16
                                                                                                      Act program. On February 6, 2018, the
                                              continues to read as follows:
                                                                                                      DoD published a revised FOIA program                   33 CFR Part 100
                                                Authority: 5 U.S.C. 552(a); 42 U.S.C.                 rule as a result of the FOIA
                                              3535(d).                                                                                                       [Docket Number USCG–2018–0088]
                                                                                                      Improvement Act of 2016. When the
                                              § 16.2   [Amended]                                      DoD FOIA program rule was revised, it                  RIN 1625–AA08
                                                                                                      included DoD component information
                                              ■ 8. In § 16.2, amend paragraph (b)(2) by               and removed the requirement for                        Special Local Regulation; Tred Avon
                                              removing the phrase ‘‘, identified in                   component supplementary rules. The                     River, Between Bellevue, MD and
                                              Appendix A to this part,’’.                             DoD now has one DoD-level rule for the                 Oxford, MD
                                                                                                      FOIA program at 32 CFR part 286 that                   AGENCY:    Coast Guard, DHS.
                                              § 16.3   [Amended]
                                                                                                      contains all the codified information                  ACTION:   Temporary final rule.
                                              ■ 9. In § 16.3, amend paragraph (a) by                  required for the Department. Therefore,
                                              removing the phrase ‘‘first address listed              this part can be removed from the CFR.                 SUMMARY:   The Coast Guard is
                                              in Appendix A to this part’’ and adding                 DATES: This rule is effective on June 7,               establishing special local regulations for
                                              in its place ‘‘following address: Privacy               2018.                                                  certain waters of the Tred Avon River.
                                              Act Officer, Department of Housing and                  FOR FURTHER INFORMATION CONTACT: Bao-                  This action is necessary to provide for
                                              Urban Development, 451 7th St. SW,                      Anh Trinh at 703–614–8500.                             the safety of life on these navigable
                                              Room 10139, Washington, DC 20410’’.                     SUPPLEMENTARY INFORMATION: It has been                 waters located between Bellevue, MD,
                                                                                                      determined that publication of this CFR                and Oxford, MD, during a swim event
                                              § 16.4   [Amended]
                                                                                                      part removal for public comment is                     on June 9, 2018. If necessary, due to
                                              ■ 10. In § 16.4, amend paragraph (a) by                 impracticable, unnecessary, and                        inclement weather, the event will be
                                              removing the phrase ‘‘identified in                     contrary to public interest since it is                rescheduled to June 10, 2018. This
                                              Appendix A to this part’’.                              based on removing the Air Force’s                      action will prohibit persons and vessels
                                                                                                      internal policies and procedures that are              from being in the regulated area unless
                                              PART 40—ACCESSIBILITY                                                                                          authorized by the Captain of the Port
                                                                                                      publically available on the Air Force’s
                                              STANDARDS FOR DESIGN,                                                                                          Maryland—National Capital Region or
                                                                                                      website.
                                              CONSTRUCTION, AND ALTERATION                              The Department of the Air Force’s                    Coast Guard Patrol Commander.
                                              OF PUBLICLY OWNED RESIDENTIAL                           internal guidance concerning the                       DATES: This rule is effective from 8:30
                                              STRUCTURES                                              implementation of the FOIA within the                  a.m. on June 9, 2018 through 11 a.m. on
                                                                                                      Department of the Air Force will                       June 10, 2018.
                                              ■ 11. The authority citation for part 40                                                                       ADDRESSES: To view documents
                                                                                                      continue to be published in Air Force
                                              continues to read as follows:
sradovich on DSK3GMQ082PROD with RULES




                                                                                                      Manual 33–302 (available at http://                    mentioned in this preamble as being
                                                  Authority: 42 U.S.C. 3535(d), 4153.                 static.e-publishing.af.mil/production/1/               available in the docket, go to http://
                                                                                                      saf_cio_a6/publication/dodm5400.07_                    www.regulations.gov, type USCG–2018–
                                              § 40.2   [Amended]
                                                                                                      afman33-302/dodm5400.07_afman33-                       0088 in the ‘‘SEARCH’’ box and click
                                              ■ 12. In § 40.2, amend paragraph (b)(3)                 302.pdf).                                              ‘‘SEARCH.’’ Click on Open Docket
                                              by removing ‘‘contained in appendix A                     This rule is one of 14 separate DoD                  Folder on the line associated with this
                                              to this part’’.                                         FOIA rules. With the finalization of the               rule.


                                         VerDate Sep<11>2014   15:41 Jun 06, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\07JNR1.SGM   07JNR1



Document Created: 2018-06-07 00:50:53
Document Modified: 2018-06-07 00:50:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective July 9, 2018.
ContactAriel 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).
FR Citation83 FR 26359 
RIN Number2501-AD88
CFR Citation24 CFR 16
24 CFR 1
24 CFR 40
24 CFR 8
CFR AssociatedAdministrative Practice and Procedure; Civil Rights; Reporting and Recordkeeping Requirements; Privacy; Public Housing; Equal Employment Opportunity; Grant Programs-Housing and Community Development; Individuals with Disabilities and Loan Programs-Housing and Community Development

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR