18248 Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations

SUPPLEMENTARY INFORMATION: On March

4, 1995, President Clinton directed all

Federal Departments and agencies to

take four steps to overhaul the nation’s

regulatory system. The first step was to

conduct a page-by-page review of all

agency regulations now in force and

eliminate or revise those that are

outdated or otherwise in need of reform.

The review was to include careful

consideration of a number of issues,

including whether the regulation is

obsolete, whether its intended goal can

be achieved in more efficient less

intrusive ways, or whether States or

local governments can do the job

(making Federal regulation

unnecessary).

NHTSA conducted a thorough, pageby-page review of all agency regulations,

including those that pertain to State and

community highway safety programs.

As a result of these efforts, NHTSA

has determined that Part 1309 should be

removed from title 23 of the Code of

Federal Regulations (CFR), because it is

unnecessary and obsolete.

Part 1309 established criteria for

awarding incentive grants to States that

implemented effective programs to

reduce drunk driving and driving under

the influence of a controlled substance,

in accordance with 23 U.S.C. 408. Part

1309 was first published in the Federal

Register, as 23 CFR Part 1209, on

February 7, 1983 (48 FR 5545). It was

amended and redesignated as 23 CFR

Part 1309 on June 19, 1986 (51 FR

22276). It was further amended on July

22, 1987 (52 FR 27614), May 18, 1988

(53 FR 17692) and August 25, 1988 (53

FR 32375).

Funds for the section 408 program

have not been authorized since FY 1994.

Because the regulation implements a

program which is no longer active, and

currently appears in the CFR among

regulations that implement programs

that continue to be active, its removal

will avoid confusion for potential grant

applicants. States that have remaining

section 408 balances must expend their

funds in accordance with 23 U.S.C. 408,

OMB Circular A–87, other applicable

grant funding policies (for current

policies, States should consult the

NHTSA/FHWA Highway Safety Grant

Management Manual) and the

agreements the States entered with

NHTSA when they received their funds.

Rulemaking Analyses and Notices

(a) Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

NHTSA has considered the impact of

this rulemaking action under E.O. 12866

and the Department of Transportation’s

regulatory policies and procedures. This

rulemaking document was not reviewed

under E.O. 12866, ‘‘Regulatory Planning

and Review.’’ This action has been

determined to be not ‘‘significant’’

under the Department of

Transportation’s regulatory policies and

procedures.

(b) Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act (Pub. L. 96–354, 5 U.S.C.

601–612), the agency has evaluated the

effects of this rule on small entities.

Based on the evaluation, the agency

hereby certifies that this action will not

have a significant economic impact on

a substantial number of small entities.

Accordingly, the preparation of a

Regulatory Flexibility Analysis is

unnecessary.

(c) Executive Order 12612 (Federalism

Assessment)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

this action does not have sufficient

federalism implications to warrant the

preparation of a federalism assessment.

(d) Paperwork Reduction Act

This action does not contain a

collection of information requirement

for purposes of the Paperwork

Reduction Act of 1980, 44 U.S.C. 3501

et seq.

(e) National Environmental Policy Act

The agency has analyzed this action

for the purpose of the National

Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) and has determined

that this action would not have any

effect on the quality of the environment.

(f) Executive Order 12778 (Civil Justice

Reform)

This amendment to the regulation

does not have any preemptive or

retroactive effect. It imposes no

requirements on the States, but rather

simply removes from the regulation

outdated and obsolete provisions that

no longer apply. The enabling

legislation does not establish a

procedure for judicial review of final

rules promulgated under its provisions.

There is no requirement that individuals

submit a petition for reconsideration or

other administrative proceedings before

they may file suit in court.

Notice and Comment

Because the amendments relate to a

grant program and are therefore not

covered by the Administrative

Procedure Act, and since they merely

contain technical changes that remove

outdated and obsolete provisions from

the regulation and do not impose any

additional requirements, the

amendments are being made without

prior notice and opportunity to

comment.

List of Subjects in 23 CFR Part 1309

Alcohol abuse, Drug abuse, Grant

programs—transportation, Highway

safety.

Under the authority of 49 CFR Part

1.50, Title 23 of the Code of Federal

Regulations is amended by removing

Part 1309.

Issued on: April 19, 1996.

Ricardo Martinez,

Administrator, National Highway Traffic

Safety Administration.

[FR Doc. 96–10121 Filed 4–24–96; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Assistant Secretary for

Fair Housing and Equal Opportunity

24 CFR Parts 100, 103, and 109

[Docket No. FR–4029–C–02]

RIN 2529–AA78

Regulatory Reinvention; Streamlining

of HUD’s Regulations Implementing

the Fair Housing Act; Correction

AGENCY: Office of the Assistant

Secretary for Fair Housing and Equal

Opportunity, HUD.

ACTION: Final rule, correction.

SUMMARY: On April 1, 1996 (61 FR

14378), HUD published a final rule

streamlining its regulations

implementing the Fair Housing Act. The

April 1, 1996 final rule implemented the

Housing for Older Persons Act of 1995

by substantively revising HUD’s

regulations governing housing for

persons 55 years of age or older.

However, the final rule failed to

incorporate certain changes which HUD

had determined were necessary. The

purpose of this document is to correct

the April 1, 1996 final rule by making

the required amendments to HUD’s

regulations governing housing for older

persons. For the convenience of readers,

HUD is re-publishing the entire

regulatory text of the April 1, 1996 final

rule, but incorporating the correction

made by this document.

EFFECTIVE DATE: May 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Susan Forward, Deputy Assistant
Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations 18249

Secretary for Enforcement and

Investigations, Room 5106, Department

of Housing and Urban Development,

451 Seventh Street, SW., Washington,

DC 20410, telephone number (202) 708–

4211. For hearing- and speech-impaired

persons, this number may be accessed

via TTY by calling the Federal

Information Relay Service at 1–800–

877–8339. (With the exception of the

‘‘800’’ number, these numbers are not

toll free.)

SUPPLEMENTARY INFORMATION: On April

1, 1996 (61 FR 14378), HUD published

a final rule which, among other

streamlining amendments, implemented

the Housing for Older Persons Act of

1995 (Pub.L. 104–76, approved

December 28, 1996). Specifically, the

April 1, 1996 rule merged 24 CFR

100.304 and 100.315, and revised

§ 100.304 to track the statutory

language. In addition, the provisions

describing the ‘‘significant facilities and

services’’ requirement for ‘‘55 or over’’

housing in §§ 100.305, 100.306, 100.307,

100.310, and 100.316, were deleted to

conform to the new requirements for

‘‘55 or over’’ housing established by the

Housing for Older Persons Act.

However, the April 1, 1996 final rule

failed to incorporate certain changes

that HUD had determined were

necessary. Revised § 100.304 retained

most of the substance of former 24 CFR

100.315(b)(4). This provision concerned

the ability of housing providers to meet

the 80 percent occupancy requirement

for ‘‘55 or over’’ housing by reserving

unoccupied units for occupancy by

persons 55 years of age or older. HUD

had decided that removal of former 24

CFR 100.315(b)(4) was necessary for

complete and effective implementation

of the Housing for Older Persons Act.

This document makes the necessary

correction. For the convenience of

readers, HUD is re-publishing the entire

regulatory text of the April 1, 1996 final

rule, but incorporating the correction

made by this document.

Accordingly, FR Doc. FR–4029–F–01,

Regulatory Reinvention; Streamlining of

HUD’s Regulations Implementing the

Fair Housing Act, published in the

Federal Register on April 1, 1996 (61 FR

14378) is corrected by re-publishing the

regulatory text to read as follows:

PART 100—DISCRIMINATORY

CONDUCT UNDER THE FAIR HOUSING

ACT

1. The authority citation for part 100

continues to read as follows:

Authority: 42 U.S.C. 3535(d), 3600–3619.

2. Section 100.304 is revised to read

as follows:

§ 100.304 55 or over housing.

(a) The provisions regarding familial

status shall not apply to housing

intended and operated for occupancy by

at least one person 55 years of age or

older per unit pursuant to this section.

(b) In order to qualify as housing for

older persons under this section, at least

80 percent of the units in the housing

facility must be occupied by at least one

person 55 years of age or older, except

that a newly constructed housing

facility for first occupancy after March

12, 1989, need not comply with this

section until 25 percent of the units in

the facility are occupied.

(c) Housing satisfies the requirements

of this section even though:

(1) On September 13, 1988, under 80

percent of the occupied units in the

housing facility are occupied by at least

one person 55 years of age or older per

unit, provided that at least 80 percent of

the units that are occupied after

September 13, 1988, are occupied by at

least one person 55 years of age or older.

(2) There are unoccupied units,

provided that at least 80 percent of the

occupied units are occupied by at least

one person 55 years of age or older.

(3) There are units occupied by

employees of the housing provider (and

family members residing in the same

unit) who are under 55 years of age,

provided the employees perform

substantial duties directly related to the

management or maintenance of the

housing.

§§ 100.305, 100.306, 100.307, 100.310,

100.315, and 100.316 [Removed]

3. Sections 100.305, 100.306, 100.307,

100.310, 100.315, and 100.316 are

removed.

PART 103—FAIR HOUSING

COMPLAINT PROCESSING

4. The authority citation for part 103

is revised to read as follows:

Authority: 42 U.S.C. 3535(d), 3600–3619.

5. Section 103.30 is amended by

revising paragraph (b) to read as follows:

§ 103.30 Form and content of complaint.

* * * * *

(b) The Assistant Secretary may

require complaints to be made on

prescribed forms.

* * * * *

§ 103.105 [Amended]

6. Section 103.105 is amended by

removing paragraph (a) and removing

the paragraph designation ‘‘(b)’’ from

paragraph (b).

7. Section 103.110 is amended by

revising paragraph (c) to read as follows:

§ 103.110 Reactivation of referred

complaints.

* * * * *

(c) The substantially equivalent State

or local agency has failed to commence

proceedings with respect to the

complaint within 30 days of the date

that it received the notification and

referral of the complaint; or the agency

commenced proceedings within this 30-

day period, but the Assistant Secretary

determines that the agency has failed to

carry the proceedings forward with

reasonable promptness.

8. Section 103.225 is revised to read

as follows:

§ 103.225 Completion of investigation.

The investigation will remain open

until a determination is made under

§ 103.400, or a conciliation agreement is

executed and approved under § 103.310.

Unless it is impracticable to do so, the

Assistant Secretary will complete the

investigation of the alleged

discriminatory housing practice within

100 days of the filing of the complaint

(or where the Assistant Secretary

reactivates the complaint, within 100

days after service of the notice of

reactivation under § 103.115). If the

Assistant Secretary is unable to

complete the investigation within the

100-day period, HUD will notify the

aggrieved person and the respondent, by

mail, of the reasons for the delay.

PART 109—[REMOVED]

9. Part 109 is removed.

Dated: April 17, 1996.

Elizabeth K. Julian,

Assistant Secretary for Fair Housing and

Equal Opportunity.

[FR Doc. 96–10288 Filed 4–24–96; 8:45 am]

BILLING CODE 4210–28–P

24 CFR Part 3280

[Docket No. FR–4025–C–02]

RIN 2502–AG70

Office of the Assistant Secretary for

Housing-Federal Housing

Commissioner; Federal Manufactured

Housing Program; Streamlining Final

Rule; Correction

AGENCY: Office of the Assistant

Secretary for Housing-Federal Housing

Commissioner, HUD.

ACTION: Correction to final rule.

SUMMARY: On March 15, 1996 (61 FR

10858), the Department published a

final rule streamlining its regulations

under the National Manufactured

Housing Construction and Safety

Standards Act of 1974. In part, this final