Federal Register / Vol. 65, No. 85 / Tuesday, May 2, 2000 / Rules and Regulations 25445

1The PHAS Transition Notice issued by HUD on

October 21, 1999 (64 FR 56677) advised that PHAs

with fiscal years ending September 30, 1999, or

December 31, 1999, would receive PHAS advisory

scores. The January 11, 2000 PHAS final rule is

consistent with the transition notice in providing

that the first PHAS scores will be issued for PHAs

with fiscal years ending on or after March 31, 2000.

(c) Application. Before funds can be

made available, an application for ER

must be made to, and approved by the

FHWA Division Administrator. The

application shall include:

(1) A copy of the Governor’s

proclamation, request for a Presidential

declaration, or a Presidential

declaration; and

(2) A copy of the damage survey

summary report, as appropriate.

(d) Approval of application. The

FHWA Division Administrator’s

approval of the application constitutes

the finding of eligibility under 23 U.S.C.

125 and shall constitute approval of the

application.

7. Section 668.113 is amended in

paragraph (a), last sentence, by

removing ‘‘field report’’ and adding

‘‘damage survey summary report’’, and

by revising paragraphs (b)(1) and (b)(3)

to read as follows:

§ 668.113 Program and project procedures

* * * * *

(b) Project procedures. (1) Projects for

permanent repairs shall be processed in

accordance with regular Federal-aid

procedures. In those cases where a

regular Federal-aid project in a State

similar to the ER project would be

handled under the project oversight

exceptions found in title 23, United

States Code, the ER project can be

handled in a similar fashion subject to

the following two conditions:

(i) Any betterment to be incorporated

into the project and for which ER

funding is requested must receive prior

FHWA approval; and

(ii) The FHWA reserves the right to

conduct final inspections on all ER

projects. The FHWA Division

Administrator has the discretion to

undertake final inspections on ER

projects as deemed appropriate.

* * * * *

(3) Emergency repair meets the

criteria for categorical exclusions

pursuant to 23 CFR 771.117 and

normally does not require any further

NEPA approvals.

[FR Doc. 00–10780 Filed 5–1–00; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Part 905

[Docket No. FR–4423–C–08]

RIN 2577–AB87

Allocation of Funds Under the Capital

Fund; Capital Fund Formula;

Amendment

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Final rule; amendment.

SUMMARY: On March 16, 2000, HUD

published its final rule to implement the

new formula system for allocation of

funds to public housing agencies for

their capital needs. This rule makes one

amendment to the March 16, 2000 final

rule to correct the regulatory provision

concerning performance awards for high

performing PHAs.

DATES: Effective Date. June 1, 2000.

FOR FURTHER INFORMATION CONTACT:

William Flood, Director, Office of

Capital Improvements, Public and

Indian Housing, Room 4134,

Department of Housing and Urban

Development, 451 Seventh Street, SW,

Washington, DC 20410–0500; telephone

(202) 708–1640 ext. 4185 (this telephone

number is not toll-free). Hearing or

speech-impaired individuals may access

this number via TTY by calling the tollfree federal Information Relay Service at

1–800–877–8339.

SUPPLEMENTARY INFORMATION:

I. Background

On March 16, 2000 (65 FR 14422),

HUD issued its final rule to implement

the new formula system for allocation of

funds to public housing agencies for

their capital needs, as required by

statute. The March 16, 2000 final rule

followed publication of a September 14,

1999 proposed rule which was

developed through the negotiated

rulemaking process, and which took

into consideration public comment

received on the proposed rule. This rule

amends the March 16, 2000 final rule to

correct an error concerning performance

awards for high performing PHAs.

In the preamble to the final rule, HUD

stated that § 905.10(j) of the proposed

rule, which addresses the performance

reward factor, was revised at the final

rule stage to reflect the status of

implementation of the Public Housing

Assessment System (PHAS). (See 65 FR

14423, first column.)

Section 905.10(j)(3) of the rule text

provided as follows:

The first performance awards will be given

based upon PHAS scores for PHA fiscal years

ending December 31, 2000, March 31, 2001,

June 30, 2001, and September 30, 2001, with

PHAs typically having received those PHAS

scores within approximately 3 months after

the end of those fiscal years. (See 65 FR

14429, third column)

The regulatory text, however, did not

accurately reflect the status of

implementation of PHAS. The final rule

that made amendments to the PHAS

was published on January 11, 2000 (65

FR 1712), and took effect on February

10, 2000. The PHAS final rule provides

that the first PHAS scores will be issued

for PHAs with fiscal years ending on or

after March 31, 2000, and therefore

these PHAs will be the first to be

eligible for a performance award. Given

the January 11, 2000 PHAS final rule,

§ 905.10(j)(3) of the Capital Fund final

rule did not reflect the status of

implementation of PHAS, as the

preamble to the Capital Fund rule

advised that this section would.1

To correct the inconsistency between

the preamble and the regulatory text in

the March 16, 2000 final rule, HUD is

amending the March 16, 2000 final rule

to remove paragraph (3) of § 902.10(j).

On further consideration, HUD

determined that there is no need for the

rule to list the dates when PHAs will be

eligible for performance awards under

the Capital Fund Formula based on

PHAS scores. As noted in the preamble,

PHAs are eligible for a performance

award upon receipt of their PHAS

scores (whenever the PHAS scores are

issued) and if they are designated high

performers under PHAS.

II. Justification for Final Rulemaking

In general, HUD 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 from that general rule where

HUD 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’’ (24 CFR 10.1).

HUD finds that good cause exists to

publish this rule for effect without first

soliciting public comment, in that prior

public procedure is unnecessary. The

purpose of this rule is limited to

amending an error in the March 16,

25446 Federal Register / Vol. 65, No. 85 / Tuesday, May 2, 2000 / Rules and Regulations

2000 Capital Fund final rule. The

preamble explained how the rule would

address implementation of the

performance award factor of the Capital

Fund Formula. As explained in the

preamble, implementation of the

performance award factor would

coincide with implementation of PHAS.

The regulatory text of the Capital Fund

final rule, however, inadvertently failed

to accurately reflect implementation of

PHAS, as provided in the January 11,

2000 PHAS final rule. This rule

therefore amends the March 16, 2000

final rule to correct this inconsistency.

III. Findings and Certifications

Environmental Impact

A Finding of No Significant Impact

with respect to the environment was

prepared in connection with the

September 14, 1999 proposed rule in

accordance with the HUD regulations at

24 CFR part 50, which implement

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4223). That Finding is applicable to this

final rule, and is available for public

inspection between the hours of 7:30

a.m. and 5:30 p.m. weekdays in the

Office of the Rules Docket Clerk, Office

of General Counsel, Room 10276,

Department of Housing and Urban

Development, 451 Seventh Street, SW,

Washington, DC.

Regulatory Flexibility Act

This rule will not have a significant

impact on a substantial number of small

entities within the meaning of the

Regulatory Flexibility Act (5 U.S.C.

605(b)). The final rule is limited to

amending the March 16, 2000 Capital

Fund final rule to correct an error in the

rule concerning implementation of the

performance award factor. The

regulatory flexibility analysis provided

in the March 16, 2000 final rule is

applicable to this rule.

Federalism Impact

This final rule does not have

federalism implications. The rule does

not impose substantial direct

compliance costs on State and local

governments or preempt State law

within the meaning of Executive Order

13132 (entitled ‘‘Federalism’’).

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (2 U.S.C. 1531–

1538) (UMRA) requires Federal agencies

to assess the effects of their regulatory

actions on State, local, and tribal

governments and on the private sector.

This final rule does not impose, within

the meaning of the UMRA, any Federal

mandates on any State, local, or tribal

governments or on the private sector.

Catalog

The Catalog of Federal Domestic

Assistance number for the program

affected by this rule is 14.850

List of Subjects in 24 CFR Part 905

Grant programs—housing and

community development,

Modernization, Public housing,

Reporting and recordkeeping

requirements.

For the reasons discussed in the

preamble, part 905 of title 24 of the

Code of Federal Regulations is amended

as follows:

PART 905—THE PUBLIC HOUSING

CAPITAL FUND PROGRAM

1. The authority citation for part 905

continues to read as follows:

Authority: 42 U.S.C. 1437g and 3535(d).

§ 905.10 [Amended]

2. Section 905.10 is amended by

removing paragraph (j)(3).

Dated: April 21, 2000.

Harold Lucas,

Assistant Secretary for Public and Indian

Housing.

[FR Doc. 00–10798 Filed 5–1–00; 8:45 am]

BILLING CODE 4210–33–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05–00–009]

RIN 2115–AE46

Special Local Regulations for Marine

Events; Severn River, College Creek,

and Weems Creek, Annapolis, MD

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: The Coast Guard is

implementing the special local

regulations at 33 CFR 100.518 for the

Navy Crew Rowing Race, a marine event

to be held April 29 and May 26, 2000

on the waters of the Severn River at

Annapolis, Maryland. These special

local regulations are necessary to

control vessel traffic due to the confined

nature of the waterway and expected

vessel congestion during the event. The

effect will be to restrict general

navigation in the regulated area for the

safety of spectators and vessels

transiting the event area.

DATES: 33 CFR 100.518 is effective from

6 a.m. to 10 a.m. on April 29 and from

6 a.m. to 10 a.m. on May 26, 2000.

FOR FURTHER INFORMATION CONTACT:

Chief Warrant Officer R. L. Houck,

Marine Events Coordinator,

Commander, Coast Guard Activities

Baltimore, 2401 Hawkins Point Road,

Baltimore, MD 21226–1971, (410) 576–

2674.

SUPPLEMENTARY INFORMATION: The U.S.

Naval Academy will sponsor the Navy

Crew Rowing Races on the waters of the

Severn River at Annapolis, Maryland.

The event will consist of Navy crew

rowing teams in competition with other

crew rowing teams from other

universities. In order to ensure the

safety of participants, spectators and

transiting vessels, 33 CFR 100.518 will

be in effect for the duration of the event.

Under provisions of 33 CFR 100.518,

vessels may not enter the regulated area

without permission from the Coast

Guard Patrol Commander. Spectator

vessels may anchor outside the

regulated area but may not block a

navigable channel. Because these

restrictions will only be in effect for a

limited period, they should not result in

a significant disruption of maritime

traffic.

Dated: April 11, 2000.

J.E. Shkor,

Vice Admiral, U.S. Coast Guard, Commander,

Fifth Coast Guard District.

[FR Doc. 00–10846 Filed 5–1–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–00–007]

Drawbridge Operating Regulation;

Inner Harbor Navigation Canal,

Louisiana

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Eighth

Coast Guard District has issued a

temporary deviation from the regulation

governing the operation of the L&N

Railroad / Old Gentilly Road drawbridge

across the Inner Harbor Navigation

Canal, mile 2.9 at New Orleans, Orleans

Parish, Louisiana. This deviation allows

the Port of New Orleans to close the

bridge to navigation from 7 a.m. to 5

p.m. and from 6:30 p.m. to 5:30 a.m.

daily from Monday, July 31, 2000

through Sunday, August 13, 2000.