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11-14-94
Vol. 59    No. 218
  
BOOK 3:
Pages 57631-58192

                              Book 3 of 4 Books

                              Monday, November 14, 1994


                                


                                


                                


                                


                                


                                


                                


                                


                                


                                


                                


                                


                                


                                


                                


                                


                                


                              The Unified Agenda of Federal Regulations


                              _________________________________________
                              57632    IX--Department of Housing and 
                                         Urban Development
                              57678    X--Department of the Interior
                              57756    XI--Department of Justice
                              57800    XII--Department of Labor
                              57840    XIII--Department of State
                              57846    XIV--Department of 
                                         Transportation
                              58000    XV--Department of the Treasury
                              58152    XVI--Department of Veterans 
                                         Affairs
                              58184    XVII--Advisory Council on 
                                         Historic Preservation
                              58186    XVIII--Agency for International 
                                         Development
                              58190    XIX--Architectural and 
                                         Transportation Barriers 
                                         Compliance Board





_______________________________________________________________________

Part IX





Department of Housing and Urban Development





_______________________________________________________________________



Semiannual Regulatory Agenda


=======================================================================

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)                      
  
  
_______________________________________________________________________
  

 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Subtitles A and B

[Docket No. N-94-3812; FR-3773-01]

Semiannual Agenda of Regulations

AGENCY: Department of Housing and Urban Development.

ACTION: Semiannual agenda, under Executive Order 12866 and the 
Regulatory Flexibility Act, of regulations expected to be issued and 
under review.

_______________________________________________________________________

SUMMARY: In accordance with section 4(b) of Executive Order 12866 
``Regulatory Planning and Review,'' the Department is publishing its 
agenda of proposed regulations already issued or expected to be issued 
and of currently effective rules that are under review. Also, under 
section 602 of the Regulatory Flexibility Act, the Department has 
prepared a regulatory agenda of regulations expected to be proposed or 
promulgated, which are likely to have a significant economic impact on 
a substantial number of small entities. As permitted by Executive Order 
12866 and the Regulatory Flexibility Act, the two agendas are combined 
for publication.

FOR FURTHER INFORMATION CONTACT: Camille E. Acevedo, Assistant General 
Counsel for Regulations, Department of Housing and Urban Development, 
Room 10276, 451 Seventh Street SW., Washington, DC 20410, (202) 708-
2084. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: Executive Order 12866 ``Regulatory Planning 
and Review,'' published on October 4, 1993 (58 FR 51735), requires each 
agency to publish semiannually an agenda of regulations that the agency 
has issued or expects to issue and of currently effective regulations 
that are under agency review.

    The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires each 
agency to publish semiannually a regulatory agenda of rules 
expected to be proposed or promulgated, which are likely to have a 
significant economic impact on a substantial number of ``small 
entities,'' meaning small businesses, small organizations, or small 
governmental jurisdictions.

    Executive Order 12866 and section 605 of the Regulatory 
Flexibility Act each permits incorporation of the agenda required 
with any other prescribed agenda. Accordingly, the agenda set out 
below combines the information required by the Executive order and 
by the Regulatory Flexibility Act. In addition, the agenda contains 
certain information not required by either the Executive order or 
by the Act which the Department considers useful, both better to 
inform the public and to enhance the Department's own inventory 
control over its body of regulations.

    For purposes of Executive Order 12866, ``regulation'' or 
``rule'' is defined as ``an agency statement of general 
applicability and future effect, which the agency intends to have 
the force and effect of law, that is designed to implement, 
interpret, or prescribe law or policy or to describe the procedure 
or practice requirements of an agency'' subject to certain 
exceptions. The agenda published below concentrates upon regulatory 
material contained or expected to be contained in the Code of 
Federal Regulations (CFR) (or incorporated therein by reference) 
following publication in the Federal Register. As appropriate, 
however, issuances in the nature of general statements of policy 
may be published in the Federal Register but not for coordination 
in the CFR.

    The Department also is subject to certain requirements 
involving congressional review of rulemaking action, including 
publication of an agenda. Section 7(o) of the Department of Housing 
and Urban Development Act (42 U.S.C. 3535(o)) requires that the 
Secretary transmit to the congressional committees having 
jurisdictional oversight (the Senate Committee on Banking, Housing 
and Urban Affairs and the House Committee on Banking, Finance and 
Urban Affairs) a semiannual agenda of all rules or regulations 
which are under development or review by the Department. A rule 
appearing on the agenda cannot be published for comment before or 
during the first 15 calendar days after transmittal of the agenda. 
If, within that period, either committee notifies the Secretary 
that it intends to review any rule or regulation which appears on 
the agenda, the Secretary must submit to both committees a copy of 
the rule or regulation, in the form it is intended to be proposed, 
at least 15 calendar days before it is published for comment. The 
semiannual agenda published today is the agenda transmitted to the 
committees in compliance with the foregoing requirement.

    The agenda items are divided first by program office. Within 
each program office, the agenda items are divided into four groups: 
(i) Prerulemaking actions, (ii) publication or other 
implementations of notices of proposed rulemaking, (iii) 
publications or other implementations of final rules, and (iv) 
completed actions. Within each grouping, rules are listed in 
chronological order by the part number of the CFR affected. Where a 
rule affects multiple parts of the CFR, the rule is listed by the 
first affected part number. Priority rules include all regulations 
designated for priority development by the Department.

    Items listed in this agenda are from the following offices 
within the Department: Office of the Secretary; Office of Housing; 
Office of Public and Indian Housing; Office of Community Planning 
and Development; Office of Fair Housing and Equal Opportunity; 
Government National Mortgage Association; Office of Administration; 
and Office of the Inspector General.

    For this edition of HUD's regulatory agenda, the most important 
significant regulatory actions are included in The Regulatory Plan, 
which appears in Part II of this issue of the Federal Register. The 
Regulatory Plan entries are listed in the Table of Contents below 
and are denoted by a bracketed bold reference, which directs the 
reader to the appropriate Sequence Number in Part II.

Dated: September 1, 1994.

Nelson A. Diaz,

General Counsel.

                                  Office of the Secretary--Proposed Rule Stage                                  
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1713        24 CFR 0  Standards of Conduct (FR-3331)..............................................    2501-AB55 
1714        24 CFR 880  Standards and Obligations of Residency in Federally Assisted Housing (FR-               
            3471).................................................................................    2501-AB84 
1715        24 CFR 1 (Revision)  Nondiscrimination in Federally Assisted Programs of the DHUD                   
            Effectuation of Title VI of the Civil Rights Act of 1964 (FR-3761)....................    2501-AB82 
1716        24 CFR 6  Nondiscrimination in Programs and Activities Receiving Assistance Under                   
            Title I of the HCD Act of 1974 (FR-3079)..............................................    2501-AB32 
1717        24 CFR 8 (Revision)  Nondiscrimination Based on Disability in Federally Assisted                    
            Programs (FR-3762)....................................................................    2501-AB81 
1718        24 CFR 24  Government Debarment and Suspension and Governmentwide Requirements for a                
            Drug-Free Workplace (FR-3065).........................................................    2501-AB24 
1719        24 CFR 38  Regulations Implementing Lead-Based Paint Disclosure and Warning                         
            Requirements for Sale and Rental of Housing (FR-3483).................................    2501-AB58 
1720        24 CFR 50  Departmental Policies, Responsibilities, and Procedures for Protection and               
            Enhancement of Environmental Quality (FR-2206)........................................    2501-AA30 
1721        24 CFR 59  Protection of Historic Properties (FR-3315)................................    2501-AB44 
1722        24 CFR 81  Regulations Implementing the Secretary's Authority Over FNMA and FHLMC (FR-              
            3481) (Reg Plan Seq. No. 64)..........................................................    2501-AB56 
1723        24 CFR 91  Consolidated Planning, Application and Reporting Process for CPD Programs:               
            CHAS CDBG, HOME, ESG & HOPWA (FR-3611) (Reg Plan Seq. No. 65).........................    2501-AB72 
1724        24 CFR 95  Nepotism Restrictions Applicable to HUD Grantees (FR-3075).................    2501-AB29 
1725        24 CFR 200  Participant's Consent to Release Information (FR-3468)....................    2501-AB83 
1726        24 CFR 775  Review Criteria for Residency Preferences in Assisted Housing (FR-3726)...    2501-AB78 
1727        24 CFR 888  Fair Market Rent for Section 8 HAPP; Amendments to Method of Calculating                
            (FR-3694).............................................................................    2501-AB76 
1728        24 CFR 920  HUD Prevailing Wage Rate Requirements for Maintenance, Nonroutine                       
            Maintenance and Technical Employees Working on Public Housing Developments (FR-2211)..   2501-AB38  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                                    Office of the Secretary--Final Rule Stage                                   
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1729        24 CFR 7  Equal Employment Opportunity; Policies and Procedures (FR-3323).............    2501-AB79 
1730        24 CFR 10  Rulemaking Policies and Procedures--Expediting Rulemaking and Policy                     
            Implementation (FR-3292)..............................................................    2501-AB43 
1731        24 CFR 15  Freedom of Information Act Procedures (FR-3282)............................    2501-AB47 
1732        24 CFR 17  Administrative Claims--Disallowed Costs Provisions (FR-2861)...............    2501-AA97 
1733        24 CFR 35  Lead-Based Paint Poisoning Prevention in Certain Residential Structures (FR-             
            3061).................................................................................    2501-AB23 
1734        24 CFR 36  Lead-Based Paint Poisoning Prevention in Certain Residential Structures (FR-             
            3482) (Reg Plan Seq. No. 66)..........................................................    2501-AB57 
1735        24 CFR 43  Residential Antidisplacement and Relocation Plan (FR-3449).................    2501-AB52 
1736        24 CFR 44  Non-Federal Audit Requirements - Amendments concerning ``No Finding''                    
            Reports...............................................................................    2501-AB85 
1737        24 CFR 58  Environmental Review Procedures for Recipients Assuming HUD                              
            Responsibilities (FR-3514)............................................................    2501-AB67 
1738        24 CFR 70  Davis-Bacon Volunteers (Sec. 955) (FR-2955)................................    2501-AB33 
1739        24 CFR 87  Prohibition on Use of Federal Funds for Lobbying; Requirements for                       
            Disclosure Statements (FR-2719).......................................................    2501-AA92 
1740        24 CFR 92  HOME Investment in Affordable Housing Program (FR-2937) (Reg Plan Seq. No.               

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