Removal of Cross References to Previously Removed Appendices and Subpart, 26359-26361 [2018-12274]

Download as PDF Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations have received or lack thereof in the Federal Register. IX. References The following references are on display with the Dockets Management Staff (see ADDRESSES) and are available for viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; they also are available electronically at https:// www.regulations.gov. References that are published articles and books are not on display. 1. Memorandum from H. Lee, Division of Petition Review, Office of Food Additive Safety (OFAS), CFSAN, FDA to J. Thomas, Division of Petition Review, OFAS, CFSAN, FDA, dated April 27, 2018. 2. Choi H, R. Harrison, H. Komulainen, et al., ‘‘Polycyclic Aromatic Hydrocarbons.’’ WHO Guidelines for Indoor Air Quality: Selected Pollutants. Geneva: World Health Organization; 2010. 3. Brune H., R. P. Deutsch-Wenzel, M. Habs, et al., ‘‘Investigation of the Tumorigenic Response to Benzo(a)pyrene in Aqueous Caffeine Solution Applied Orally to Sprague-Dawley Rats,’’ Journal of Cancer Research and Clinical Oncology, 102(2):153–157, 1981. 4. Memorandum from N. Anyangwe, Division of Petition Review, OFAS, CFSAN, FDA to J. Thomas, Division of Petition Review, OFAS, CFSAN, FDA, dated April 27, 2018. 5. Memorandum from the Indirect Additives Branch, FDA, to the Executive Secretary, Quantitative Risk Assessment Committee, FDA, concerning ‘‘Estimation of the Upper-bound Lifetime Risk from Polynuclear Aromatic Hydrocarbons (PAH’s) in High-Purity Furnace Black (HPFB): subject of Food Additive Petition No. 5B4464 (Cabot Corp.),’’ dated May 9, 1996. List of Subjects in 21 CFR Part 74 Color additives, Cosmetics, Drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 74 is amended as follows: PART 74—LISTING OF COLOR ADDITIVES SUBJECT TO CERTIFICATION 1. The authority citation for part 74 continues to read as follows: ■ sradovich on DSK3GMQ082PROD with RULES Authority: 21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355, 361, 362, 371, 379e. 2. Section 74.3054 is added to subpart D to read as follows: ■ § 74.3054 D&C Black No. 4. (a) Identity. The color additive D&C Black No. 4 is a high-purity carbon black prepared by the oil furnace VerDate Sep<11>2014 15:41 Jun 06, 2018 Jkt 244001 process. It is manufactured by the combustion of aromatic petroleum oil feedstock and consists essentially of pure carbon, formed as aggregated fine particles with a surface area range of 50 to 260 meters (m)2/gram. (b) Specifications. D&C Black No. 4 must conform to the following specifications and must be free from impurities other than those named to the extent that such other impurities may be avoided by good manufacturing practice: (1) Surface area by nitrogen BET (Brunauer, Emmett, Teller) method, 50 to 260 m2/gram. (2) Weight loss on heating at 950 °C for 7 minutes (predried for 1 hour at 125 °C), not more than 2 percent. (3) Ash content, not more than 0.15 percent. (4) Arsenic (total), not more than 3 milligrams per kilogram (mg/kg) (3 parts per million). (5) Lead (total), not more than 10 mg/ kg (10 parts per million). (6) Mercury (total), not more than 1 mg/kg (1 part per million). (7) Total sulfur, not more than 0.65 percent. (8) Total polycyclic aromatic hydrocarbons (PAHs), not more than 0.5 mg/kg (500 parts per billion). (9) Benzo[a]pyrene, not more than 0.005 mg/kg (5 parts per billion). (10) Dibenz[a,h]anthracene, not more than 0.005 mg/kg (5 parts per billion). (11) Total color (as carbon), not less than 95 percent. (c) Uses and restrictions. (1) D&C Black No. 4 may be safely used at a level not to exceed 1.0 percent by weight of the suture material for coloring ultrahigh molecular weight polyethylene non-absorbable sutures for general surgical use. (2) Authorization and compliance with this use must not be construed as waiving any of the requirements of sections 510(k), 515, and 520(g) of the Federal Food, Drug, and Cosmetic Act with respect to the ultra-high molecular weight polyethylene surgical sutures in which D&C Black No. 4 is used. (d) Labeling. The label of the color additive must conform to the requirements of § 70.25 of this chapter. (e) Certification. All batches of D&C Black No. 4 must be certified in accordance with regulations in part 80 of this chapter. Dated: June 1, 2018. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2018–12218 Filed 6–6–18; 8:45 am] BILLING CODE 4164–01–P PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 26359 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. 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: SUMMARY: 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 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 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 abovementioned appendices and subpart, cross references to these nonexistent appendices and subpart remain in title 24. sradovich on DSK3GMQ082PROD with RULES 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 § 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 VerDate Sep<11>2014 15:41 Jun 06, 2018 Jkt 244001 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. 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. 12 22 PO 00000 U.S.C. 1532. U.S.C. 1534. Frm 00014 Fmt 4700 Sfmt 4700 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 1. The authority citation for part 1 continues to read as follows: ■ Authority: 42 U.S.C. 2000d–1 and 3535(d). § 1.3 [Amended] 2. Amend § 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. ■ E:\FR\FM\07JNR1.SGM 07JNR1 Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations PART 8—NONDISCRIMINATION BASED ON HANDICAP IN FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 3. The authority citation for part 8 continues to read as follows: ■ § 40.4 [Amended] 13. Amend § 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] Authority: 29 U.S.C. 794; 42 U.S.C. 3535(d) and 5309. BILLING CODE 4210–67–P § 8.1 DEPARTMENT OF DEFENSE [Amended] [Amended] Department of the Air Force List of Subjects in 32 CFR Part 806 Freedom of information. 32 CFR Part 806 PART 806—[REMOVED] ■ 5. Amend § 8.2 by removing the last sentence of the section. RIN 0701–AA76 § 8.4 Air Force Freedom of Information Act Program ■ [Amended] 6. In § 8.4, amend paragraph (c)(2) by removing the parenthetical ‘‘(see appendix B)’’. ■ PART 16—IMPLEMENTATION OF THE PRIVACY ACT OF 1974 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). § 16.2 [Amended] 8. In § 16.2, amend paragraph (b)(2) by removing the phrase ‘‘, identified in Appendix A to this part,’’. ■ § 16.3 [Amended] 9. In § 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’’. ■ § 16.4 [Amended] 10. In § 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 11. The authority citation for part 40 continues to read as follows: sradovich on DSK3GMQ082PROD with RULES ■ Authority: 42 U.S.C. 3535(d), 4153. § 40.2 [Amended] 12. In § 40.2, amend paragraph (b)(3) by removing ‘‘contained in appendix A to this part’’. ■ VerDate Sep<11>2014 15:41 Jun 06, 2018 DoD-level FOIA rule at 32 CFR part 286, the Department is eliminating the need for this separate FOIA rule and reducing costs to the public as explained in the preamble of the DoD-level FOIA rule published at 83 FR 5196–5197. This rule is not significant under Executive Order (E.O.) 12866, ‘‘Regulatory Planning and Review,’’ therefore, E.O. 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs’’ does not apply. [Docket ID: USAF–2017–HQ–0001] 4. In § 8.1, amend paragraph (b) by removing the reference ‘‘subparts D and E’’ and adding in its place ‘‘subpart D’’. ■ § 8.2 26361 Jkt 244001 AGENCY: Department of the Air Force, Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 806 is removed. Bao-Anh Trinh, Air Force Federal Register Liaison Officer. [FR Doc. 2018–12237 Filed 6–6–18; 8:45 am] BILLING CODE 5001–10–P DoD. ACTION: Final rule. This final rule removes the Department of the Air Force’s regulation concerning the Freedom of Information Act program. On February 6, 2018, the DoD published a revised FOIA program rule as a result of the FOIA Improvement Act of 2016. When the DoD FOIA program rule was revised, it included DoD component information and removed the requirement for component supplementary rules. The DoD now has one DoD-level rule for the FOIA program at 32 CFR part 286 that contains all the codified information required for the Department. Therefore, this part can be removed from the CFR. DATES: This rule is effective on June 7, 2018. FOR FURTHER INFORMATION CONTACT: BaoAnh Trinh at 703–614–8500. SUPPLEMENTARY INFORMATION: It has been determined that publication of this CFR part removal for public comment is impracticable, unnecessary, and contrary to public interest since it is based on removing the Air Force’s internal policies and procedures that are publically available on the Air Force’s website. The Department of the Air Force’s internal guidance concerning the implementation of the FOIA within the Department of the Air Force will continue to be published in Air Force Manual 33–302 (available at http:// static.e-publishing.af.mil/production/1/ saf_cio_a6/publication/dodm5400.07_ afman33-302/dodm5400.07_afman33302.pdf). This rule is one of 14 separate DoD FOIA rules. With the finalization of the SUMMARY: PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2018–0088] RIN 1625–AA08 Special Local Regulation; Tred Avon River, Between Bellevue, MD and Oxford, MD Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing special local regulations for certain waters of the Tred Avon River. This action is necessary to provide for the safety of life on these navigable waters located between Bellevue, MD, and Oxford, MD, during a swim event on June 9, 2018. If necessary, due to inclement weather, the event will be rescheduled to June 10, 2018. This action will prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port Maryland—National Capital Region or Coast Guard Patrol Commander. DATES: This rule is effective from 8:30 a.m. on June 9, 2018 through 11 a.m. on June 10, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2018– 0088 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. SUMMARY: E:\FR\FM\07JNR1.SGM 07JNR1

Agencies

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


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 1, 8, 16, and 40

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


Removal of Cross References to Previously Removed Appendices and 
Subpart

AGENCY: Office of General Counsel, HUD.

ACTION: Final rule.

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

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