Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs; Delay of Effective Date, 44285-44286 [E9-20879]
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Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations
II. This Final Rule
In addition to removing the
prohibition on the use of project labor
agreements in federal and federally
assisted construction contracts,
Executive Order 13502 directs agencies
to revoke any regulations based on the
prior Executive Order 13202. Consistent
with those directions and the lack of a
legal foundation for HUD’s regulation in
24 CFR 5.108, this rule removes that
regulatory section from the Code of
Federal Regulations.
Executive Order 13502 further directs
the Director of the Office of
Management and Budget (OMB), in
consultation with the Secretary of Labor
and with other officials, as appropriate,
to provide recommendations to the
President, within 180 days of the
signing of Executive Order 13502, on
whether broader use of project labor
agreements with respect to both
construction projects undertaken under
federal contracts and construction
projects receiving federal financial
assistance would help to promote the
economical, efficient, and timely
completion of such projects. HUD is
therefore deferring any rulemaking to
implement Executive Order 13502 in
HUD-assisted construction contracts,
pending OMB’s recommendations on
this issue.
III. Justification for Final Rulemaking
Generally, HUD publishes a rule for
public comment before publishing a
rule for effect, in accordance with
HUD’s regulations on rulemaking at 24
CFR part 10. Part 10, however, allows in
§ 10.1 for exceptions from that general
rule where the Department finds good
cause to omit advance notice and public
participation. The good cause
requirement is satisfied when the prior
public procedure is ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ In this case, HUD has
determined that prior public comment
is unnecessary. Because this final rule
removes a rule for which the legal basis
has been revoked, HUD is left with no
discretion on which public comment
could be considered on the subject of
removal of the regulation.
jlentini on DSKJ8SOYB1PROD with RULES
IV. Findings and Certifications
Executive Order 12866, Regulatory
Planning and Review
The Office of Management and Budget
(OMB) reviewed this rule under
Executive Order 12866 (entitled,
‘‘Regulatory Planning and Review’’).
This rule was determined to be a
‘‘significant regulatory action’’ as
defined in section 3(f) of the Order
(although not an economically
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16:25 Aug 27, 2009
Jkt 217001
significant regulatory action, as
provided under section 3(f)(1) of the
Order). The docket file is available for
public inspection between the hours of
8 a.m. and 5 p.m. weekdays in the
Regulations Division, Office of General
Counsel, Room 10276, Department of
Housing and Urban Development, 451
7th Street, SW., Washington, DC 20410–
0500. Due to security measures at the
HUD Headquarters building, please
schedule an appointment to review the
docket file by calling the Regulations
Division at (202) 708–3055 (this is not
a toll-free number). Persons with
hearing or speech impairments may
access the above telephone number via
TTY by calling the toll-free Federal
Information Relay Service at 800–877–
8339.
Environmental Impact
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, nor does it 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 et seq.).
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
final rule does not have federalism
implications and does not impose
substantial direct compliance costs on
state and local governments nor
preempt state law within the meaning of
the Executive Order.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1531–
1538) (UMRA) establishes requirements
for federal agencies to assess the effects
of their regulatory actions on state,
local, and tribal governments and the
private sector. This final rule does not
impose any federal mandates on any
state, local, or tribal governments or the
private sector within the meaning of
UMRA.
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44285
List of Subjects in 24 CFR Part 5
Administrative practice and
procedure, Aged, Claims, Crime,
Government contracts, Grant
programs—housing and community
development, Individuals with
disabilities, Intergovernmental relations,
Loan programs—housing and
community development, Low and
moderate income housing, Mortgage
insurance, Penalties, Pets, Public
housing, Rent subsidies, Reporting and
recordkeeping requirements, Social
Security, Unemployment compensation,
Wages.
■ Accordingly, for the reasons described
in the preamble, 24 CFR part 5 is
amended as follows:
PART 5—GENERAL HUD PROGRAM
REQUIREMENTS; WAIVERS
1. The authority citation for part 5
continues to read as follows:
■
Authority: 42 U.S.C. 1437a, 1437c, 1437d,
1437f, 1437n, 3535(d).
§ 5.108
■
[Removed]
2. Remove § 5.108.
Dated: August 24, 2009.
Shaun Donovan,
Secretary.
[FR Doc. E9–20831 Filed 8–27–09; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 5, 92, and 908
[Docket No. FR–4998–F–05]
RIN 2501–AD16
Refinement of Income and Rent
Determination Requirements in Public
and Assisted Housing Programs;
Delay of Effective Date
Office of the Secretary, HUD.
Final rule; delay of effective
AGENCY:
ACTION:
date.
SUMMARY: HUD is delaying the effective
date of the rule entitled ‘‘Refinement of
Income and Rent Determination
Requirements in Public and Assisted
Housing Programs’’ published in the
Federal Register on January 27, 2009.
The January 27, 2009, final rule, which
was scheduled to become effective on
September 30, 2009, will become
effective on January 31, 2010. Today’s
action will provide the Department with
the necessary additional time to review
the subject matter of the January 27,
2009, final rule and to consider the
public comments on HUD’s February
11, 2009, Federal Register notice that
E:\FR\FM\28AUR1.SGM
28AUR1
44286
Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations
jlentini on DSKJ8SOYB1PROD with RULES
solicited public comments on the
regulatory amendments made by the
January 27, 2009 final rule.
DATES: Effective Date: The effective date
of the final rule, which was published
on January 27, 2009 (74 FR 4832),
delayed March 27, 2009 (74 FR 13339),
is further delayed until January 31,
2010.
FOR FURTHER INFORMATION CONTACT: For
Office of Public and Indian Housing
programs, contact Nicole Faison,
Program Advisor for the Office of Public
Housing and Voucher Programs,
Department of Housing and Urban
Development, 451 7th Street, SW.,
Room 4226, Washington, DC 20410,
telephone number 202–402–4267. For
Office of Housing Programs, contact Gail
Williamson, Director of the Housing
Assistance Policy Division, Department
of Housing and Urban Development,
451 7th Street, SW., Room 6138,
Washington, DC 20410, telephone
number 202–402–2473. (These are not
toll-free numbers.) Persons with hearing
or speech impairments may access these
numbers through TTY by calling the
toll-free Federal Information Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
I. Background
On January 27, 2009 (74 FR 4832),
HUD published a final rule, entitled
‘‘Refinement of Income and Rent
Determination Requirements in Public
and Assisted Housing Programs.’’ The
January 27, 2009, final rule revises
HUD’s public and assisted housing
program regulations to implement the
upfront income verification process for
program participants and to require the
use of HUD’s Enterprise Income
Verification (EIV) system by public
housing agencies (PHAs) and owners
and management agents. The January
27, 2009, final rule was originally
scheduled to become effective on March
30, 2009, but provided multifamily
housing owners and management agents
with an additional six months (until
September 30, 2009) to implement use
of the EIV system.
On February 11, 2009 (74 FR 6839),
HUD published a notice in the Federal
Register seeking public comment on
whether to delay the effective date of
the January 27, 2009, final rule. The
February 11, 2009, notice was issued in
accordance with the memorandum of
January 20, 2009, from the assistant to
the President and Chief of Staff, entitled
‘‘Regulatory Review’’ and subsequently
published in the Federal Register on
January 26, 2009 (74 FR 4435). The
notice explained that HUD was
considering a temporary 60-day delay in
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16:25 Aug 27, 2009
Jkt 217001
the effective date to allow the
Department an opportunity for further
review and consideration of new
regulations, consistent with the Chief of
Staff memorandum of January 20, 2009.
In addition to soliciting comments
specifically delaying the effective date,
the February 11, 2009, notice also
requested comment generally on the
January 27, 2009 final rule.
The comment period on the February
11, 2009 notice closed on March 13,
2009. HUD received 50 public
comments. Comments were submitted
by a variety of organizations including
PHAs, property owners, management
agents, program training organizations,
legal aid organizations, community
development organizations, and public
interest organizations. The majority of
comments were supportive of a delayed
effective date, but also raised additional
questions and comments about various
aspects of the January 27, 2009, final
rule. Among other issues, commenters
requested that HUD clarify the
definition of annual income, questioned
how the rule would affect participants
that might have difficulty obtaining
social security numbers for their
children, and noted confusion regarding
the use of HUD’s EIV system.
Following publication of the February
11, 2009, Federal Register notice, HUD
issued a final rule on March 27, 2009
(74 FR 13339) that delayed the effective
date of the January 27, 2009, final rule
to September 30, 2009, for the purpose
of providing HUD with time to review
the public comments received in
response to the February 11, 2009 notice
(March 2009 extension final rule).
II. This Final Rule
Through this final rule published in
today’s Federal Register, HUD further
delays the effective date of the January
27, 2009, final rule until January 31,
2010. The two HUD Assistant
Secretaries with responsibility for the
programs affected by the rule were only
recently confirmed. HUD seeks to
ensure that these two officials have
sufficient time to review the subject
matter of this rule, and to review and
consider the public comments received
in response to HUD’s February 11, 2009,
Federal Register notice.
HUD notes that it generally publishes
regulatory changes, including revisions
to the effective date of its rules, for
public comment before issuing them for
effect, in accordance with its own
regulations on rulemaking in 24 CFR
part 10. Part 10, however, does provide
in § 10.1 for exceptions from that
general rule where the Department finds
good cause to omit advance notice and
public participation. The good cause
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
requirement is satisfied when the prior
public procedure is ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Given the possibility of
changes to the provisions of the January
27, 2009, final rule and the fast
approaching September 30, 2009,
effective date of the regulatory
amendments, HUD has determined that
it would be contrary to the public
interest to delay issuance of today’s rule
for effect. A delay in the extension of
the effective date of the January 27,
2009, final rule would compel PHAs,
owners and management agents, and
residents of HUD-assisted housing to
bear the burden of compliance with
regulatory requirements that may be
subject to further amendment in the
near-term. Moreover, and as noted
above, the 50 public comments received
on HUD’s February 11, 2009, notice
raised several substantive questions and
concerns regarding the provisions of the
final rule. It would be contrary to the
public interest to defer extending the
effective date and require compliance
with the January 27, 2009, final rule
before the appropriate and newly
confirmed HUD officials have the
opportunity to review and consider the
issues raised by the commenters.
The Department remains committed
to the implementation of the EIV system
and continues to believe that the use of
upfront income verification will help to
identify and cure inaccuracies in public
and assisted housing rental
determinations. Given the number of
public comments submitted in response
to the February 11, 2009 notice, and the
concerns and questions raised in those
comments, the additional time provided
by today’s final rule will allow the
Department to carefully weigh available
policy options and to help ensure the
successful implementation of the
enhanced income and rent verification
procedures. Should HUD determine that
additional rulemaking is necessary or
appropriate, HUD will provide the
public with the opportunity to comment
on any proposed changes to the
regulations in the January 27, 2009 final
rule.
Therefore, the effective date of the
final rule, which was published on
January 27, 2009 (74 FR 4832), delayed
March 27, 2009 (74 FR 13339), is further
delayed until January 31, 2010.
Dated: August 25, 2009.
Shaun Donovan,
Secretary.
[FR Doc. E9–20879 Filed 8–27–09; 8:45 am]
BILLING CODE 4210–67–P
E:\FR\FM\28AUR1.SGM
28AUR1
]]>Agencies
[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Rules and Regulations]
[Pages 44285-44286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20879]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 5, 92, and 908
[Docket No. FR-4998-F-05]
RIN 2501-AD16
Refinement of Income and Rent Determination Requirements in
Public and Assisted Housing Programs; Delay of Effective Date
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule; delay of effective date.
-----------------------------------------------------------------------
SUMMARY: HUD is delaying the effective date of the rule entitled
``Refinement of Income and Rent Determination Requirements in Public
and Assisted Housing Programs'' published in the Federal Register on
January 27, 2009. The January 27, 2009, final rule, which was scheduled
to become effective on September 30, 2009, will become effective on
January 31, 2010. Today's action will provide the Department with the
necessary additional time to review the subject matter of the January
27, 2009, final rule and to consider the public comments on HUD's
February 11, 2009, Federal Register notice that
[[Page 44286]]
solicited public comments on the regulatory amendments made by the
January 27, 2009 final rule.
DATES: Effective Date: The effective date of the final rule, which was
published on January 27, 2009 (74 FR 4832), delayed March 27, 2009 (74
FR 13339), is further delayed until January 31, 2010.
FOR FURTHER INFORMATION CONTACT: For Office of Public and Indian
Housing programs, contact Nicole Faison, Program Advisor for the Office
of Public Housing and Voucher Programs, Department of Housing and Urban
Development, 451 7th Street, SW., Room 4226, Washington, DC 20410,
telephone number 202-402-4267. For Office of Housing Programs, contact
Gail Williamson, Director of the Housing Assistance Policy Division,
Department of Housing and Urban Development, 451 7th Street, SW., Room
6138, Washington, DC 20410, telephone number 202-402-2473. (These are
not toll-free numbers.) Persons with hearing or speech impairments may
access these numbers through TTY by calling the toll-free Federal
Information Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
On January 27, 2009 (74 FR 4832), HUD published a final rule,
entitled ``Refinement of Income and Rent Determination Requirements in
Public and Assisted Housing Programs.'' The January 27, 2009, final
rule revises HUD's public and assisted housing program regulations to
implement the upfront income verification process for program
participants and to require the use of HUD's Enterprise Income
Verification (EIV) system by public housing agencies (PHAs) and owners
and management agents. The January 27, 2009, final rule was originally
scheduled to become effective on March 30, 2009, but provided
multifamily housing owners and management agents with an additional six
months (until September 30, 2009) to implement use of the EIV system.
On February 11, 2009 (74 FR 6839), HUD published a notice in the
Federal Register seeking public comment on whether to delay the
effective date of the January 27, 2009, final rule. The February 11,
2009, notice was issued in accordance with the memorandum of January
20, 2009, from the assistant to the President and Chief of Staff,
entitled ``Regulatory Review'' and subsequently published in the
Federal Register on January 26, 2009 (74 FR 4435). The notice explained
that HUD was considering a temporary 60-day delay in the effective date
to allow the Department an opportunity for further review and
consideration of new regulations, consistent with the Chief of Staff
memorandum of January 20, 2009. In addition to soliciting comments
specifically delaying the effective date, the February 11, 2009, notice
also requested comment generally on the January 27, 2009 final rule.
The comment period on the February 11, 2009 notice closed on March
13, 2009. HUD received 50 public comments. Comments were submitted by a
variety of organizations including PHAs, property owners, management
agents, program training organizations, legal aid organizations,
community development organizations, and public interest organizations.
The majority of comments were supportive of a delayed effective date,
but also raised additional questions and comments about various aspects
of the January 27, 2009, final rule. Among other issues, commenters
requested that HUD clarify the definition of annual income, questioned
how the rule would affect participants that might have difficulty
obtaining social security numbers for their children, and noted
confusion regarding the use of HUD's EIV system.
Following publication of the February 11, 2009, Federal Register
notice, HUD issued a final rule on March 27, 2009 (74 FR 13339) that
delayed the effective date of the January 27, 2009, final rule to
September 30, 2009, for the purpose of providing HUD with time to
review the public comments received in response to the February 11,
2009 notice (March 2009 extension final rule).
II. This Final Rule
Through this final rule published in today's Federal Register, HUD
further delays the effective date of the January 27, 2009, final rule
until January 31, 2010. The two HUD Assistant Secretaries with
responsibility for the programs affected by the rule were only recently
confirmed. HUD seeks to ensure that these two officials have sufficient
time to review the subject matter of this rule, and to review and
consider the public comments received in response to HUD's February 11,
2009, Federal Register notice.
HUD notes that it generally publishes regulatory changes, including
revisions to the effective date of its rules, for public comment before
issuing them for effect, in accordance with its own regulations on
rulemaking in 24 CFR part 10. Part 10, however, does provide in Sec.
10.1 for exceptions from that general rule where the Department finds
good cause to omit advance notice and public participation. The good
cause requirement is satisfied when the prior public procedure is
``impracticable, unnecessary, or contrary to the public interest.''
Given the possibility of changes to the provisions of the January 27,
2009, final rule and the fast approaching September 30, 2009, effective
date of the regulatory amendments, HUD has determined that it would be
contrary to the public interest to delay issuance of today's rule for
effect. A delay in the extension of the effective date of the January
27, 2009, final rule would compel PHAs, owners and management agents,
and residents of HUD-assisted housing to bear the burden of compliance
with regulatory requirements that may be subject to further amendment
in the near-term. Moreover, and as noted above, the 50 public comments
received on HUD's February 11, 2009, notice raised several substantive
questions and concerns regarding the provisions of the final rule. It
would be contrary to the public interest to defer extending the
effective date and require compliance with the January 27, 2009, final
rule before the appropriate and newly confirmed HUD officials have the
opportunity to review and consider the issues raised by the commenters.
The Department remains committed to the implementation of the EIV
system and continues to believe that the use of upfront income
verification will help to identify and cure inaccuracies in public and
assisted housing rental determinations. Given the number of public
comments submitted in response to the February 11, 2009 notice, and the
concerns and questions raised in those comments, the additional time
provided by today's final rule will allow the Department to carefully
weigh available policy options and to help ensure the successful
implementation of the enhanced income and rent verification procedures.
Should HUD determine that additional rulemaking is necessary or
appropriate, HUD will provide the public with the opportunity to
comment on any proposed changes to the regulations in the January 27,
2009 final rule.
Therefore, the effective date of the final rule, which was
published on January 27, 2009 (74 FR 4832), delayed March 27, 2009 (74
FR 13339), is further delayed until January 31, 2010.
Dated: August 25, 2009.
Shaun Donovan,
Secretary.
[FR Doc. E9-20879 Filed 8-27-09; 8:45 am]
BILLING CODE 4210-67-P
