10786 Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Proposed Rules

the Director, Center for Food Safety and

Applied Nutrition, it is proposed that 21

CFR part 163 be amended as follows:

PART 163—CACAO PRODUCTS

1. The authority citation for 21 CFR

part 163 continues to read as follows:

Authority: Secs. 201, 301, 401, 403, 409,

701, 721 of the Federal Food, Drug, and

Cosmetic Act (21 U.S.C. 321, 331, 341, 343,

348, 371, 379e).

2. New § 163.124 is added to subpart

B to read as follows:

§ 163.124 White chocolate.

(a) Description. (1) White chocolate is

the solid or semiplastic food prepared

by intimately mixing and grinding cacao

fat with one or more of the optional

dairy ingredients and one or more

optional nutritive carbohydrate

sweeteners and may contain one or

more of the other optional ingredients

specified in paragraph (b) of this

section. White chocolate shall be free of

coloring material.

(2) White chocolate contains not less

than 20 percent by weight of cacao fat

as calculated by subtracting from the

weight of the total fat the weight of the

milkfat, dividing the result by the

weight of the finished white chocolate,

and multiplying the quotient by 100.

The finished white chocolate contains

not less than 3.5 percent by weight of

milkfat and not less than 14 percent by

weight of total milk solids, calculated by

using only those dairy ingredients

specified in paragraph (b)(2) of this

section, and not more than 55 percent

by weight nutritive carbohydrate

sweetener.

(b) Optional ingredients. The

following safe and suitable ingredients

may be used:

(1) Nutritive carbohydrate sweeteners;

(2) Dairy ingredients:

(i) Cream, milkfat, butter;

(ii) Milk, dry whole milk,

concentrated milk, evaporated milk,

sweetened condensed milk;

(iii) Skim milk, concentrated skim

milk, evaporated skim milk, sweetened

condensed skim milk, nonfat dry milk;

(iv) Concentrated buttermilk, dried

buttermilk; and

(v) Malted milk;

(3) Emulsifying agents, used singly or

in combination, the total amount of

which does not exceed 1 percent by

weight;

(4) Spices, natural and artificial

flavorings, ground whole nut meats,

ground coffee, dried malted cereal

extract, salt, and other seasonings that

do not either singly or in combination

impart a flavor that imitates the flavor

of chocolate, milk, or butter; or

(5) Antioxidants.

(c) Nomenclature. The name of the

food is ‘‘white chocolate’’ or ‘‘white

chocolate coating.’’ When one or more

of the spices, flavorings, or seasonings

specified in paragraph (b)(4) of this

section are used, the label shall bear an

appropriate statement, e.g., ‘‘Spice

added’’, ‘‘Flavored with lllll’’, or

‘‘With lllll added’’, the blank

being filled in with the common or

usual name of the spice, flavoring, or

seasoning used, in accordance with

§ 101.22 of this chapter.

(d) Label declaration. Each of the

ingredients used in the food shall be

declared on the label as required by the

applicable sections of parts 101 and 130

of this chapter.

Dated: January 6, 1997.

Fred R. Shank,

Director, Center for Food Safety and Applied

Nutrition.

[FR Doc. 97–5734 Filed 3–7–97; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Part 982

[Docket No. FR–4149–P–01]

RIN 2577–AB73

Section 8 Rental Voucher and

Certificate Programs Restrictions on

Leasing to Relatives

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

limit the circumstances under which a

landlord could lease a unit with Section

8 certificate or voucher assistance to a

relative of the landlord. It would permit

such leasing only if an HA determines

that the leasing would accommodate a

person with disabilities. The rule is

intended to reduce the potential for

misuse of Section 8 assistance. It would

reduce the likelihood of families that

have the ability to assist a family

member from seeking Federal rental

assistance and, thereby, would help to

direct scarce Federal financial

assistance to the more needy.

DATES: Comment due date: May 9, 1997.

ADDRESSES: Interested persons are

invited to submit comments regarding

this proposed rule to the Office of the

General Counsel, Rules Docket Clerk,

room 10276, Department of Housing and

Urban Development, 451 Seventh Street,

SW., Washington, DC 20410–0500.

Comments should refer to the above

docket number and title. Facsimile

(FAX) comments are not acceptable. A

copy of each communication submitted

will be available for public inspection

and copying during regular business

hours (7:30 a.m. to 5:30 p.m. Eastern

time) at the above address.

FOR FURTHER INFORMATION

CONTACT:Gerald Benoit, Director,

Operations Division, Office of Rental

Assistance, Public and Indian Housing,

Department of Housing and Urban

Development, Room 4220, 451 Seventh

Street, SW., Washington, DC 20410,

telephone (202) 708–0477. Hearing or

speech impaired individuals may call

HUD’s TTY number (202) 708–4594 or

1–800–877–8399 (Federal Information

Relay Service TTY). (Other than the

‘‘800’’ number, these are not toll-free

numbers.)

SUPPLEMENTARY INFORMATION:

I. Discussion

Currently, neither the statute nor HUD

regulations place any restriction on an

owner leasing a unit with Section 8

certificate or voucher assistance to a

relative. All parties, of course, would

have to meet requirements generally

applicable to any certificate or voucher

assisted tenancy. These requirements

include: the applicant meets income

and other eligibility requirements; the

applicant is selected in appropriate

order from the HA’s waiting list; the

unit meets housing quality standards,

and the rent to the owner is reasonable.

This policy of no restrictions on

leasing with assistance to relatives has

been in effect since the inception of the

Certificate Program in the mid-1970s.

Historically, it has been viewed by the

Department as consistent with an overarching policy of promoting maximum

housing choice for assisted families.

The Department does not have

systematic data on the extent to which,

or the circumstances under which,

owners have been leasing to family

members. Nonetheless, it must be

recognized that a policy of allowing

leasing between closely related

individuals creates a potential for

misallocation of scarce program

resources. It can encourage families that

can house family members to seek and

obtain Federal assistance that otherwise

would be available for more needy

families. In short, it can shift, too

readily, responsibility for housing a

close relative from a relative with

available housing or financial resources

to the Federal Government.

Recent newspaper articles have

described a number of examples of

relatives leasing to other relatives with
Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Proposed Rules 10787

Section 8 assistance. The Department’s

review of these cases did not disclose

any violation of program requirements.

In a number of the examples the total

rent received by an owner, from the

assisted tenant and the HUD subsidy,

was lower than rent the owner

previously charged for the unit. In

addition, a number of examples

involved seriously ill close family

members. Other examples, however, did

appear to involve owners who should

have had the financial ability to assist

a close family member, but were

nonetheless receiving Section 8

assistance payments.

Section 982.306 of title 24 CFR sets

out the restrictions on a housing agency

(HA) approving a unit based on facts

concerning the owner. The Department

proposes to amend § 982.306 so that an

HA may not approve a unit for lease if

the owner is the parent, child,

grandparent, grandchild, sister, or

brother of the certificate or voucher

holder that is seeking to rent the unit.

(Under § 982.306(e), ‘‘owner’’ includes a

principal or other interested party.) The

HA, however, could still approve the

unit for lease, if the HA determines that

approving the unit would provide

reasonable accommodation for a family

member who is a person with

disabilities. The Department specifically

invites comments on whether there

should be other exceptions to the

general policy.

When implemented, the policy would

apply to new admissions and to moves

with continued assistance. HUD would

add to HAP contract forms a simple

certification by the owner that the

owner is not a parent, child,

grandparent, grandchild, sister, or

brother of any member of the family.

HUD would also add a comparable

certification to the rental certificate and

rental voucher.

II. Findings and Certifications

Environmental Impact

A Finding of No Significant Impact

with respect to the environment has

been made in accordance with HUD

regulations at 24 CFR Part 50, which

implement section 102(2)(C) of the

National Environmental Policy Act of

1969 (42 U.S.C. 4332). The Finding of

No Significant Impact is available for

public inspection between 7:30 a.m. and

5:30 p.m. weekdays in the Office of the

Rules Docket Clerk at the above address.

Regulatory Planning and Review

This proposed rule has been reviewed

in accordance with Executive Order

12866, issued by the President on

September 30, 1993 (58 FR 51735,

October 4, 1993). Any changes to the

proposed rule resulting from this review

are available for public inspection

between 7:30 a.m. and 5:30 p.m.

weekdays in the Office of the Rules

Docket Clerk at the above address.

Regulatory Flexibility Act

The Secretary has reviewed this

proposed rule before publication and by

approving it certifies, in accordance

with 5 U.S.C. 605(b) (the Regulatory

Flexibility Act), that this proposed rule

does not have a significant economic

impact on a substantial number of small

entities because it simply restricts

leasing with assistance between certain

related individuals and does not

otherwise restrict or impose burdens on

the use or availability of Section 8 rental

certificate or rental voucher assistance.

Unfunded Mandates Reform Act

The Secretary has reviewed this

proposed rule before publication and by

approving it certifies, in accordance

with the Unfunded Mandates Reform

Act of 1995 (2 U.S.C. 1532), that this

proposed rule does not impose a Federal

mandate that will 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.

Federalism

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that the policies contained

in this proposed rule will not have

substantial direct effects on States or

their political subdivisions, or the

relationship between the Federal

Government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. The proposed rule

does not alter the relationship between

HUD and the HAs. Rather, it simply

amends one of the conditions for receipt

of Federal assistance.

Family Impact

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that this proposed rule does

not have potential for significant impact

on family formation, maintenance, and

general well-being, and, thus, is not

subject to review under the Order. This

proposed rule furthers the purposes of

the Executive Order by revising program

requirements to recognize the primary

right and responsibility of families

themselves to assist needy family

members and by increasing the

likelihood that Federal assistance is

limited to those circumstances where it

is most needed.

Catalog

The Catalog of Federal Domestic

Assistance numbers are 14.855 and

14.857.

List of Subjects in 24 CFR Part 982

Grant programs—housing and

community development, Housing, Rent

subsidies, Reporting and recordkeeping

requirements.

Accordingly, 24 CFR part 982 is

proposed to be amended as follows:

PART 982—SECTION 8 TENANTBASED ASSISTANCE: UNIFIED RULE

FOR TENANT-BASED ASSISTANCE

UNDER THE SECTION 8 RENTAL

CERTIFICATE PROGRAM AND THE

SECTION 8 RENTAL VOUCHER

PROGRAM

1. The authority citation for part 982

continues to read as follows:

Authority: 42 U.S.C. 1437a, 1437c, 1437f,

3535(d).

2. In § 982.306, paragraphs (d) and (e)

are redesignated as paragraphs (e) and

(f) and a new paragraph (d) is added to

read as follows:

§ 982.306 HA disapproval of owner.

* * * * *

(d) The HA must not approve a unit

if the owner is the parent, child,

grandparent, grandchild, sister, or

brother of any member of the family,

unless the HA determines that

approving the unit would provide

reasonable accommodation for a family

member who is a person with

disabilities.

* * * * *

Dated: December 24, 1996.

Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

[FR Doc. 97–5737 Filed 3–7–97; 8:45 am]

BILLING CODE 4210–33–P

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

29 CFR Part 1625

Waiver of Rights and Claims Under the

Age Discrimination in Employment Act

(ADEA)

AGENCY: Equal Employment

Opportunity Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: EEOC is publishing its notice

of proposed rulemaking on agreements

waiving rights and claims under the Age