Amendments To Reflect Change of Office Name From Office of Healthy Homes and Lead Hazard Control to Office of Lead Hazard Control and Healthy Homes, 35041-35043 [2014-14368]
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Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Rules and Regulations
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(ii) Inspect each grip buffer pad on the
inner surfaces of each grip tang for
delamination as depicted in Figure 1 to
Paragraphs (f)(2)(ii) and (f)(4)(ii) of this AD.
If there is any delamination, remove the
buffer pad and inspect the grip surface for
corrosion or other damage.
Note 2 to Paragraph (f)(4) of this AD: This
inspection interval coincides with the main
rotor tension-torsion strap replacement times.
(5) Within 2,400 hours TIS, or at the next
overhaul of the main rotor hub, whichever
occurs first, and thereafter at intervals not to
exceed 2,400 hours TIS:
(i) Remove each main rotor blade.
(ii) Remove each grip buffer pad (if
installed) from the inner surfaces of each grip
tang.
(iii) Visually inspect the grip tang surfaces
for corrosion or other damage.
(iv) Fluorescent-penetrant inspect the grip
for a crack, paying particular attention to the
upper and lower grip tangs. When inspecting
any grip, P/N 204–011–121–005, –009, –113,
or ASI–4011–121–9, pay particular attention
to the leading and trailing edges of the grip
barrel.
(6) Before further flight:
(i) Replace any cracked grip with an
airworthy grip.
(ii) Replace any grip with any corrosion or
other damage with an airworthy grip, or
repair the grip if the corrosion or other
damage is within maximum repair damage
limitations.
(iii) Replace any grip, P/N 204–011–121–
009 or ASI–4011–121–9, which has been in
service for 15,000 or more hours TIS.
(iv) Replace any grip, P/N 204–011–121–
121, which has been in service for 25,000 or
more hours TIS.
(7) Revise the Airworthiness Limitations
sections of the applicable maintenance
manuals or the Instructions for Continued
Airworthiness (ICAs) by establishing a new
retirement life of 15,000 hours TIS for grip
P/N 204–011–121–009 or ASI–4011–121–9,
and 25,000 hours TIS for grip P/N 204–011–
121–121, by making pen and ink changes or
inserting a copy of this AD into the
applicable maintenance manual or ICAs.
(8) Record a 15,000 hours TIS life limit for
each grip P/N 204–011–121–009 or ASI–
4011–121–9, and a 25,000 hours TIS life limit
for each grip P/N 204–011–121–121, on the
applicable component history card or
equivalent record.
(g) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Rotorcraft Certification
Office, FAA, may approve AMOCs for this
AD. Send your proposal to: Michael Kohner,
Aviation Safety Engineer, Rotorcraft
Certification Office, 2601 Meacham Blvd.,
Fort Worth, Texas 76137, telephone (817)
222–5170, fax (817) 222–5783, email
mike.kohner@faa.gov or 7-avs-asw170@faa.gov.
(2) For operations conducted under a Part
119 operating certificate or under Part 91,
Subpart K, we suggest that you notify your
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office or certificate holding
district office before operating any aircraft
complying with this AD through an AMOC.
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(h) Additional Information
(1) BHTI ASB No. 212–94–92, Revision A,
dated March 13, 1995; BHTI ASB No. 212–
02–116, Revision A, dated October 30, 2002;
BHTI 205B–02–39, Revision B, dated
November 22, 2002; BHTI ASB No. 204–02–
58 and ASB No. 205–02–88, both dated
November 26, 2002; BHTI ASB No. 210–08–
02, dated September 10, 2008; BHTI
Operations Safety Notice 204–85–6, 205–85–
9, and 212–85–13, all dated November 14,
1985; and BHTI Information Letter, 204–08–
23, 205–08–38, 205B–08–21, and 212–08–62,
Revision A, dated July 23, 2008; none of
which are incorporated by reference, contain
additional information about the subject of
this AD.
(2) For service information identified in
this AD, contact BHTI, P.O. Box 482, Fort
Worth, TX 76101, telephone (817) 280–3391,
fax (817) 280–6466, or at https://
www.bellcustomer.com/files/. You may
review copies of this information at the FAA,
Office of the Regional Counsel, Southwest
Region, 2601 Meacham Blvd., Room 663, Fort
Worth, Texas 76137.
(i) Subject
Joint Aircraft Service Component (JASC)
Code: 6220: Main Rotor Head.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(3) The following service information was
approved for IBR on January 30, 2003 (68 FR
1955, January 15, 2003).
(i) Bell Helicopter Textron Nondestructive
Inspection Procedure, Log No. 00–340,
Revision E, dated April 9, 2002.
(ii) Reserved.
(4) For Bell Helicopter Textron service
information identified in this AD, contact
BHTI, P.O. Box 482, Fort Worth, TX 76101,
telephone (817) 280–3391, fax (817) 280–
6466, or at https://www.bellcustomer.com/
files/.
(5) You may view this service information
that is incorporated by reference at the FAA,
Office of the Regional Counsel, Southwest
Region, 2601 Meacham Blvd., Room 663, Fort
Worth, Texas 76137.
(6) You may also view this service
information that is incorporated by reference
at the National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
(202) 741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Fort Worth, Texas, on June 4,
2014.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft
Directorate, Aircraft Certification Service.
[FR Doc. 2014–13835 Filed 6–18–14; 8:45 am]
BILLING CODE 4910–13–P
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35041
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 30 and 35
[Docket No. FR–5785–F–01]
RIN 2501–AD70
Amendments To Reflect Change of
Office Name From Office of Healthy
Homes and Lead Hazard Control to
Office of Lead Hazard Control and
Healthy Homes
Office of the Secretary, HUD.
Final rule.
AGENCY:
ACTION:
HUD’s civil money penalty
regulations currently provide that the
Director of HUD’s Office of Healthy
Homes and Lead Hazard Control, or the
Director’s designee, may initiate a civil
money penalty action against any
person who knowingly violates the
Residential Lead-Based Paint Hazard
Reduction Act of 1992. HUD’s LeadBased Paint Poisoning Prevention
regulation identifies the Office of
Healthy Homes and Lead Hazard
Control as the approval authority, after
consultation with the Environmental
Protection Agency, for lead-safe work
practices courses that may qualify
supervisors and workers to perform
interim controls of lead-based paint
hazards. Because HUD has changed the
name of the Office of Healthy Homes
and Lead Hazard Control to the Office
of Lead Hazard Control and Healthy
Homes, this final rule conforms HUD
regulations to reference this new name.
This final rule also provides a savings
provision that preserves under the
Office of Lead Hazard Control and
Healthy Homes all actions taken under
the Office of Healthy Homes and Lead
Hazard Control.
DATES: Effective Date: July 21, 2014.
FOR FURTHER INFORMATION CONTACT: John
B. Shumway, Deputy Assistant General
Counsel, Office of Finance and
Administrative Law, Room 9262,
Department of Housing and Urban
Development, 451 Seventh Street SW.,
Washington, DC 20410–2000; telephone
number 202–402–5190 (this is not a tollfree number). Persons with hearing or
speech impairments may access this
number via TTY by calling the toll-free
Federal Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background Information
Consistent with the Consolidated
Appropriations Act, 2014 (Pub. L. 113–
76, approved January 17, 2014), HUD
has changed the name of the Office of
Healthy Homes and Lead Hazard
Control (OHHLHC) to the Office of Lead
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35042
Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Rules and Regulations
Hazard Control and Healthy Homes
(OLHCHH). OLHCHH will perform all of
the functions of the former OHHLHC.
As a result of this change, this final rule
makes conforming changes to 24 CFR
parts 30 and 35. Specifically, HUD’s
civil money penalty regulations at
§ 30.65(a) identifies the Director of
OHHLHC as the official with the
authority to initiate a civil money
penalty action against any person who
has failed to comply with the lead-based
paint disclosure requirements set out in
42 U.S.C. 4852d(b)(1). Since OHHLHC
no longer exists, this provision is being
updated in this final rule to name the
Director of OLHCHH to carry out this
function. In addition, § 35.1330(a)(4)(iii)
of HUD’s Lead Safe Housing Rule
identifies OHHLHC as the approval
authority, after consultation with the
Environmental Protection Agency, for
lead-safe work practices courses that
may qualify supervisors and workers to
perform interim controls of lead-based
paint hazards. This final rule updates
this provision to name the OLHCHH to
carry out this function. This section is
also being updated to provide the
current telephone number for requesting
the list of approved courses and the
current name of the Federal service that
persons with hearing or speech
impediments may use for making the
request call, toll free.
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II. Savings Provision
This final rule shall constitute notice
that all references to OHHLHC in any
document, statement, or other
communication made before the
effective date of this rule shall be
deemed to be references to OLHCHH.
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, however, 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).
For the following reasons, HUD finds
that good cause exists to publish this
rule for effect without first soliciting
public comment.
This final rule makes nomenclature
changes to §§ 30.65(a) and
35.1330(a)(4)(iii). As a result of internal
HUD organizational changes, the office
referred to in HUD’s currently codified
regulations no longer exists as it did
when these sections were issued. This
final rule merely replaces references to
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‘‘Director of the Office of Healthy
Homes and Lead Hazard Control’’ and
‘‘Office of Healthy Homes and Lead
Hazard Control’’ with references to
‘‘Director of the Office of Lead Hazard
Control and Healthy Homes’’ and
‘‘Office of Lead Hazard Control and
Healthy Homes,’’ respectively. Neither
of these changes makes substantive
change to §§ 30.65(a) or
35.1330(a)(4)(iii). Therefore, HUD
determined that it is unnecessary to
publish this rule for public comment
prior to publishing the rule for effect.
IV. Findings and Certifications
Regulatory Review—Executive Orders
12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if the regulation is
necessary, to select the regulatory
approach that maximizes net benefits.
As discussed above in this preamble,
this final rule updates HUD’s
regulations to reflect HUD’s decision to
rename the office listed in §§ 30.65(a)
and 35.1330(a)(4)(iii). As a result, this
rule was determined to not be a
significant regulatory action under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and,
therefore, was not reviewed by the
Office of Management and Budget.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 605(b)) generally requires an
agency to conduct 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. Since notice and comment
rulemaking is not necessary for this
final rule, the provisions of the
Regulatory Flexibility Act (Pub. L. 96–
354, 5 U.S.C. 601–612) do not apply.
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 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.
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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).
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 government, or the
private sector within the meaning of
UMRA.
List of Subjects
24 CFR Part 30
Administrative practice and
procedure, Loan programs—housing
and community development,
Mortgages, Penalties.
24 CFR Part 35
Grant programs-housing and
community development, Lead
poisoning, Mortgage insurance, Rent
subsidies, Reporting and recordkeeping
requirements.
Accordingly, for the reasons described
in the preamble, HUD amends 24 CFR
parts 30 and 35 as follows:
PART 30—CIVIL MONEY PENALTIES:
CERTAIN PROHIBITED CONDUCT
1. The authority citation for part 30
continues to read as follows:
■
Authority: 12 U.S.C. 1701q–1, 1703, 1723i,
1735f–14, 1735f–15; 15 U.S.C. 1717a; 28
U.S.C. 2461 note; 42 U.S.C. 3535(d).
■
2. Revise § 30.65(a) to read as follows:
§ 30.65 Failure to disclose lead-based
paint hazards.
(a) General. The Director of the Office
of Lead Hazard Control and Healthy
Homes, or his or her designee, may
initiate a civil money penalty action
against any person who knowingly
violates 42 U.S.C. 4852d.
*
*
*
*
*
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Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Rules and Regulations
PART 35—LEAD-BASED PAINT
POISONING PREVENTION IN CERTAIN
RESIDENTIAL STRUCTURES
3. The authority citation for part 35
continues to read as follows:
■
Authority: 42 U.S.C. 3535(d), 4821, and
4851.
4. Revise § 35.1330(a)(4)(iii) to read as
follows:
■
§ 35.1330
Interim controls.
*
*
*
*
*
(a) * * *
(4) * * *
(iii) Another course approved by HUD
for this purpose after consultation with
the EPA. A current list of approved
courses is available on the Internet at
https://www.hud.gov/offices/lead, or by
mail or fax from the HUD Office of Lead
Hazard Control and Healthy Homes at
(202) 402–7698 (this is not a toll-free
number). Persons with hearing or
speech impediments may access the
above telephone number via phone or
TTY by calling the toll-free Federal
Relay Service at (800) 877–8339.
*
*
*
*
*
Dated: June 13, 2014.
Shaun Donovan,
Secretary.
[FR Doc. 2014–14368 Filed 6–18–14; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2014–0403]
Drawbridge Operation Regulation;
China Basin, San Francisco, CA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the 3rd Street
Drawbridge across China Basin, mile
0.0, at San Francisco, CA. The deviation
is necessary to allow the public to cross
the bridge to participate in the
scheduled San Francisco Marathon, a
community event. This deviation allows
the bridge to remain in the closed-tonavigation position during the deviation
period.
DATES: This deviation is effective from
6 a.m. to 2:30 p.m. on July 27, 2014.
ADDRESSES: The docket for this
deviation, [USCG–2014–0403], is
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SUMMARY:
VerDate Mar<15>2010
16:39 Jun 18, 2014
Jkt 232001
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
35043
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: May 30, 2014.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2014–14399 Filed 6–18–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
If
you have questions on this temporary
deviation, call or email David H.
Sulouff, Chief, Bridge Section, Eleventh
Coast Guard District; telephone 510–
437–3516, email David.H.Sulouff@
uscg.mil. If you have questions on
viewing the docket, call Cheryl Collins,
Program Manager, Docket Operations,
telephone 202–366–9826.
Coast Guard
The City
of San Francisco Public Works
Department has requested a temporary
change to the operation of the 3rd Street
Drawbridge, mile 0.0, over China Basin,
at San Francisco, CA. The drawbridge
navigation span provides 7 feet vertical
clearance above Mean High Water in the
closed-to-navigation position. The draw
opens on signal if at least one hour
notice is given as required by 33 CFR
117.149. Navigation on the waterway is
recreational.
The drawspan will be secured in the
closed-to-navigation position from 6
a.m. to 2:30 p.m. on July 27, 2014 to
allow the public to cross the bridge to
participate in the scheduled San
Francisco Marathon. This temporary
deviation has been coordinated with the
waterway users. No objections to the
proposed temporary deviation were
raised. The drawspan can be operated
upon one hour advance notice for
emergencies requiring the passage of
waterway traffic.
Vessels able to pass through the
bridge in the closed position may do so
at any time. The bridge will be able to
open for emergencies upon one hour
advance notice and there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessels can arrange
their transits to minimize any impact
caused by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
AGENCY:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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33 CFR Part 165
[Docket No. USCG–2014–0402]
RIN 1625–AA00
Safety Zone: Execpro Services
Fireworks Display, Lake Tahoe, Incline
Village, NV
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of Lake Tahoe near
Incline Village, NV in support of the
Execpro Services Fireworks Display on
July 5, 2014. This safety zone is
established to ensure the safety of
participants and spectators from the
dangers associated with the
pyrotechnics. Unauthorized persons or
vessels are prohibited from entering
into, transiting through, or remaining in
the safety zone without permission of
the Captain of the Port or their
designated representative.
DATES: This rule is effective from July 3,
2014 until July 5, 2014. This rule will
be enforced from 7 a.m. on July 3, 2014
until 10:10 p.m. on July 5, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0402. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade Joshua
Dykman, U.S. Coast Guard Sector San
Francisco; telephone (415) 399–3585 or
SUMMARY:
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Agencies
[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Rules and Regulations]
[Pages 35041-35043]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14368]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 30 and 35
[Docket No. FR-5785-F-01]
RIN 2501-AD70
Amendments To Reflect Change of Office Name From Office of
Healthy Homes and Lead Hazard Control to Office of Lead Hazard Control
and Healthy Homes
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: HUD's civil money penalty regulations currently provide that
the Director of HUD's Office of Healthy Homes and Lead Hazard Control,
or the Director's designee, may initiate a civil money penalty action
against any person who knowingly violates the Residential Lead-Based
Paint Hazard Reduction Act of 1992. HUD's Lead-Based Paint Poisoning
Prevention regulation identifies the Office of Healthy Homes and Lead
Hazard Control as the approval authority, after consultation with the
Environmental Protection Agency, for lead-safe work practices courses
that may qualify supervisors and workers to perform interim controls of
lead-based paint hazards. Because HUD has changed the name of the
Office of Healthy Homes and Lead Hazard Control to the Office of Lead
Hazard Control and Healthy Homes, this final rule conforms HUD
regulations to reference this new name. This final rule also provides a
savings provision that preserves under the Office of Lead Hazard
Control and Healthy Homes all actions taken under the Office of Healthy
Homes and Lead Hazard Control.
DATES: Effective Date: July 21, 2014.
FOR FURTHER INFORMATION CONTACT: John B. Shumway, Deputy Assistant
General Counsel, Office of Finance and Administrative Law, Room 9262,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Washington, DC 20410-2000; telephone number 202-402-5190 (this is not a
toll-free number). Persons with hearing or speech impairments may
access this number via TTY by calling the toll-free Federal Relay
Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background Information
Consistent with the Consolidated Appropriations Act, 2014 (Pub. L.
113-76, approved January 17, 2014), HUD has changed the name of the
Office of Healthy Homes and Lead Hazard Control (OHHLHC) to the Office
of Lead
[[Page 35042]]
Hazard Control and Healthy Homes (OLHCHH). OLHCHH will perform all of
the functions of the former OHHLHC. As a result of this change, this
final rule makes conforming changes to 24 CFR parts 30 and 35.
Specifically, HUD's civil money penalty regulations at Sec. 30.65(a)
identifies the Director of OHHLHC as the official with the authority to
initiate a civil money penalty action against any person who has failed
to comply with the lead-based paint disclosure requirements set out in
42 U.S.C. 4852d(b)(1). Since OHHLHC no longer exists, this provision is
being updated in this final rule to name the Director of OLHCHH to
carry out this function. In addition, Sec. 35.1330(a)(4)(iii) of HUD's
Lead Safe Housing Rule identifies OHHLHC as the approval authority,
after consultation with the Environmental Protection Agency, for lead-
safe work practices courses that may qualify supervisors and workers to
perform interim controls of lead-based paint hazards. This final rule
updates this provision to name the OLHCHH to carry out this function.
This section is also being updated to provide the current telephone
number for requesting the list of approved courses and the current name
of the Federal service that persons with hearing or speech impediments
may use for making the request call, toll free.
II. Savings Provision
This final rule shall constitute notice that all references to
OHHLHC in any document, statement, or other communication made before
the effective date of this rule shall be deemed to be references to
OLHCHH.
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, however, 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). For the following reasons, HUD
finds that good cause exists to publish this rule for effect without
first soliciting public comment.
This final rule makes nomenclature changes to Sec. Sec. 30.65(a)
and 35.1330(a)(4)(iii). As a result of internal HUD organizational
changes, the office referred to in HUD's currently codified regulations
no longer exists as it did when these sections were issued. This final
rule merely replaces references to ``Director of the Office of Healthy
Homes and Lead Hazard Control'' and ``Office of Healthy Homes and Lead
Hazard Control'' with references to ``Director of the Office of Lead
Hazard Control and Healthy Homes'' and ``Office of Lead Hazard Control
and Healthy Homes,'' respectively. Neither of these changes makes
substantive change to Sec. Sec. 30.65(a) or 35.1330(a)(4)(iii).
Therefore, HUD determined that it is unnecessary to publish this rule
for public comment prior to publishing the rule for effect.
IV. Findings and Certifications
Regulatory Review--Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if the
regulation is necessary, to select the regulatory approach that
maximizes net benefits. As discussed above in this preamble, this final
rule updates HUD's regulations to reflect HUD's decision to rename the
office listed in Sec. Sec. 30.65(a) and 35.1330(a)(4)(iii). As a
result, this rule was determined to not be a significant regulatory
action under section 3(f) of Executive Order 12866, Regulatory Planning
and Review, and, therefore, was not reviewed by the Office of
Management and Budget.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 605(b)) generally requires
an agency to conduct 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. Since notice and
comment rulemaking is not necessary for this final rule, the provisions
of the Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612) do
not apply.
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 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).
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 government,
or the private sector within the meaning of UMRA.
List of Subjects
24 CFR Part 30
Administrative practice and procedure, Loan programs--housing and
community development, Mortgages, Penalties.
24 CFR Part 35
Grant programs-housing and community development, Lead poisoning,
Mortgage insurance, Rent subsidies, Reporting and recordkeeping
requirements.
Accordingly, for the reasons described in the preamble, HUD amends
24 CFR parts 30 and 35 as follows:
PART 30--CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT
0
1. The authority citation for part 30 continues to read as follows:
Authority: 12 U.S.C. 1701q-1, 1703, 1723i, 1735f-14, 1735f-15;
15 U.S.C. 1717a; 28 U.S.C. 2461 note; 42 U.S.C. 3535(d).
0
2. Revise Sec. 30.65(a) to read as follows:
Sec. 30.65 Failure to disclose lead-based paint hazards.
(a) General. The Director of the Office of Lead Hazard Control and
Healthy Homes, or his or her designee, may initiate a civil money
penalty action against any person who knowingly violates 42 U.S.C.
4852d.
* * * * *
[[Page 35043]]
PART 35--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN
RESIDENTIAL STRUCTURES
0
3. The authority citation for part 35 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 4821, and 4851.
0
4. Revise Sec. 35.1330(a)(4)(iii) to read as follows:
Sec. 35.1330 Interim controls.
* * * * *
(a) * * *
(4) * * *
(iii) Another course approved by HUD for this purpose after
consultation with the EPA. A current list of approved courses is
available on the Internet at https://www.hud.gov/offices/lead, or by
mail or fax from the HUD Office of Lead Hazard Control and Healthy
Homes at (202) 402-7698 (this is not a toll-free number). Persons with
hearing or speech impediments may access the above telephone number via
phone or TTY by calling the toll-free Federal Relay Service at (800)
877-8339.
* * * * *
Dated: June 13, 2014.
Shaun Donovan,
Secretary.
[FR Doc. 2014-14368 Filed 6-18-14; 8:45 am]
BILLING CODE 4210-67-P