18672 Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules and Regulations

drug labeler codes in 21 CFR 522.1055

and 522.1182 to reflect those changes.

List of Subjects

21 CFR Part 510

Administrative practice and

procedure, Animal drugs, Labeling,

Reporting and recordkeeping

requirements.

21 CFR Part 522

Animal drugs.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Center for Veterinary Medicine, 21

CFR parts 510 and 522 are amended as

follows:

PART 510—NEW ANIMAL DRUGS

1. The authority citation for 21 CFR

part 510 continues to read as follows:

Authority: Secs. 201, 301, 501, 502, 503,

512, 701, 721 of the Federal Food, Drug, and

Cosmetic Act (21 U.S.C. 321, 331, 351, 352,

353, 360b, 371, 379e).

2. Section 510.600 is amended in the

table in paragraph (c)(1) by removing

the entry for ‘‘Fisons, plc,

Pharmaceutical Division’’ and by

alphabetically adding a new entry for

‘‘Alstoe, Ltd., Animal Health’’, and in

the table in paragraph (c)(2) by

removing the entry for ‘‘012525’’ and by

numerically adding a new entry for

‘‘062408’’ to read as follows:

§ 510.600 Names, addresses, and drug

labeler codes of sponsors of approved

applications.

* * * * *

(c) * * *

(1) * * *

Firm name and address Drug labeler code

* * * * * * *

Alstoe, Ltd., Animal Health, 19 Foxhill, Whissendine, Oakham, Rutland,

U.K.

062408

* * * * * * *

(2) * * *

Drug labeler code Firm name and address

* * * * * * *

062408 ...................................................................................................... Alstoe, Ltd., Animal Health, 19 Foxhill, Whissendine, Oakham, Rutland,

U.K.

* * * * * * *

PART 522—IMPLANTATION OR

INJECTABLE DOSAGE FORM NEW

ANIMAL DRUGS

3. The authority citation for 21 CFR

part 522 continues to read as follows:

Authority: Sec. 512 of the Federal Food,

Drug, and Cosmetic Act (21 U.S.C. 360b).

§ 522.1055 [Amended]

4. Section 522.1055 Gleptoferron

injection is amended in paragraph (b) by

removing ‘‘012525’’ and adding in its

place ‘‘062408’’.

§ 522.1182 [Amended]

5. Section 522.1182 Iron dextran

complex injection is amended in

paragraph (a)(4)(i) by removing

‘‘012525’’ and adding in its place

‘‘062408’’.

Dated: April 15, 1996.

Robert C. Livingston,

Director, Office of New Animal Drug

Evaluation, Center for Veterinary Medicine.

[FR Doc. 96–10546 Filed 4–26–96; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Part 570

[Docket No. FR–2905–C–03]

RIN 2506–AB24

Office of the Assistant Secretary for

Community Planning and

Development; Community

Development Block Grant Program;

Correction of Identified Deficiencies

and Updates; Technical Correction

AGENCY: Office of the Assistant

Secretary for Community Planning and

Development, HUD.

ACTION: Technical correction.

SUMMARY: On November 9, 1995 (60 FR

56892), HUD published in the Federal

Register a final rule that corrected

identified deficiencies in the

Community Development Block (CDBG)

program, implemented relevant portions

of the Cranston-Gonzalez National

Affordable Housing Act, amended the

CDBG conflict of interest provisions,

implemented statutory changes from the

Housing and community Development

Act of 1987 and the Appropriations Act

of 1989, and provided criteria for

performance reviews and timely

expenditure of funds under the CDBG

program. This document corrects minor

errors in that final rule.

EFFECTIVE DATE: December 11, 1995.

FOR FURTHER INFORMATION CONTACT:

Deirdre Maguire-Zinni, Director,

Entitlement Communities Division,

Room 7282, Department of Housing and

Urban Development, 451 Seventh Street

SW., Washington, DC 20410, telephone

number (202) 708–1577. (This telephone

number is not toll-free.) Hearing- or

speech-impaired persons may access

this number via TTY by calling the

Federal Information Relay Service at

(800) 877–8339.

SUPPLEMENTARY INFORMATION:

I. Corrections to November 9, 1995

Final Rule

On November 9, 1995 (60 FR 56812),

HUD published a final rule in the
Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules and Regulations 18673

Federal Register that amended the

regulations for the Community

Development Block Grant (CDBG)

program in 24 CFR part 570. As

described in the preamble (60 FR

65892), the November 9, 1995 final rule

represented the final rulemaking for

several prior rules, and it reflected the

President’s regulatory reinvention

efforts by updating the regulations to

conform with significant statutory

changes to the CDBG program. More

specifically, the November 9, 1995 final

rule corrected identified deficiencies in

the CDBG program, implemented

relevant portions of the CranstonGonzalez National Affordable Housing

Act, amended the CDBG conflict of

interest provisions, implemented

statutory changes from the Housing and

Community Development Act of 1987

and the Appropriations Act of 1989, and

provided criteria for performance

reviews and timely expenditure of funds

under the CDBG program. In reviewing

this final rule in preparation for its

codification in the Code of Federal

Regulations (CFR), HUD discovered

several minor errors.

In the November 9, 1995 final rule (60

FR 56912), HUD amended § 570.208 by

adding and redesignating certain

paragraphs. However, the rule

inadvertently did not make the

necessary conforming change to the

definition of ‘‘Income’’ in § 570.3, which

contains a reference to the CDBG

regulations on resident income surveys

(60 FR 56909). The definition

incorrectly refers to § 570.208(a)(1)(iv)

for those regulations, but the November

9, 1995 rule redesignated this paragraph

as paragraph (a)(1)(vi). Therefore, this

document corrects the definition of

‘‘Income’’ in § 570.3 to refer correctly to

§ 570.208(a)(1)(vi).

Similarly, the first sentence of the

newly redesignated § 570.208(a)(1)(vi)

contains an internal reference to

paragraph (a)(1)(v). However, the

November 9, 1995 rule redesignated

paragraph (a)(1)(v) as (a)(1)(vii).

Therefore, this document corrects

§ 570.208(a)(1)(vi) to refer correctly to

paragraph (a)(1)(vii).

The November 9, 1995 final rule

removed the obsolete reference in

§ 570.200(d)(1) to a compensation level

of General Schedule (GS)–18, replacing

it with a correct reference to Level IV of

the Executive Schedule (60 FR 56910).

The General Schedule and the Executive

Schedule indicate certain levels of

compensation for Federal employees.

However, while the November 9, 1995

final rule updated § 570.200(d)(1), it

inadvertently failed to update paragraph

(d)(2) of that section. Therefore, this

document corrects § 570.200(d)(2)

regarding the correct level of consultant

compensation.

In a proposed rule published on

March 28, 1990 (55 FR 11556), HUD

proposed to add a new paragraph (f) to

§ 570.202 that would implement section

510 of the Housing and Community

Development Act of 1987 (Pub. L. 100–

242, approved February 5, 1988),

authorizing the substantial

reconstruction of housing owned and

occupied by low- and moderate-income

persons under certain circumstances.

However, in the November 9, 1995 final

rule (60 FR 56902), HUD explained that

it would not be finalizing the proposed

§ 570.202(f) at that time due to pending

legislative proposals that would make

this change unnecessary. Instead, the

November 9, 1995 final rule used

paragraph (f) to contain the authority for

evaluating and reducing lead-based

paint hazards. However, HUD failed to

remove two incorrect references, in

§§ 570.200(e) and 570.506(c), to

paragraph (f) as it had been proposed for

substantial reconstruction. This

document removes those incorrect

references.

This document also removes two

references to ‘‘enumeration districts,’’

replacing them with the correct term

‘‘block numbering areas.’’ The Census

Bureau now uses the term ‘‘block

numbering area,’’ and HUD recognized

the use of this term in its CDBG

economic development final rule

(January 5, 1995; 60 FR 1922, 1946) in

§ 570.208(a)(4)(iv). However, HUD used

the incorrect term ‘‘enumeration

districts’’ in § 570.208(a)(1)(iii) (B) and

(D) of its November 9, 1995 final rule.

therefore, this document corrects these

paragraphs.

The effective date of this correction,

December 11, 1995, reflects the effective

date of the November 9, 1995 final rule

(60 FR 56892).

II. Housing Opportunity Program

Extension Act of 1996

The November 9, 1995 final rule

updated § 570.201(n), by providing that

CDBG funds could be used to provide

direct homeownership assistance to

low- and moderate-income households

until October 1, 1995 (60 FR 56911).

Although the eligibility for this activity

had expired by the date the Department

published the final rule, the Department

maintained the provision in

§ 570.201(n), hoping that Congress

would respond to the Department’s

request to reinstate the activity’s

eligibility (60 FR 56905).

This document corrects § 570.201(n)

by removing the obsolete reference to

the expiration date. Section 3(a) of the

Housing Opportunity Program

Extension Act of 1996 (Pub. L. 104–120;

approved March 28, 1996) renewed the

eligibility of using CDBG funds to

provide direct homeownership

assistance during Fiscal Year 1996

(October 1, 1995 through September 30,

1996). However, rather than simply

changing the date, which will again

become obsolete and require additional

regulatory amendments, this document

corrects the section to provide that

direct homeownership assistance is

eligible ‘‘subject to statutory authority.’’

In an effort to keep grantees informed,

the Department will attempt to publish

a notice in the Federal Register as

quickly as possible if Congress does not

reinstate this authority.

III. Other Corrections and Conforming

Changes

The Department has also discovered

several technical corrections and

changes to other sections of the

regulations that it should have included

in the November 9, 1995 final rule. The

Department will publish a separate

technical amendment to correct these

sections. The Department cannot

include such corrections and changes in

this technical correction document,

because they involve sections that the

Department did not otherwise amend in

the November 9, 1995 final rule.

IV. Clarification Regarding ‘‘Extent of

Growth Lag’’

The November 9, 1995 final rule

revised the definition of ‘‘Extent of

growth lag’’ in § 570.3 in an effort to

reflect an amendment to section

102(a)(12) of the Housing and

Community Development Act of 1974

(the Act). This amendment, in section

904 of the Cranston-Gonzalez National

Affordable Housing Act (Pub. L. 101–

625, approved November 28, 1990),

provides instructions on adjusting

population in the event of annexation.

In the November 9, 1995 final rule, the

Department referred to the 1990 Census

in the erroneous belief that the Act

requires the most recent census data

available when adjusting the ‘‘extent of

growth lag’’ calculation (see 60 FR

56905).

However, the Department has

reconsidered its interpretation of the

Act and concludes that the Act’s

definition of ‘‘Extent of growth lag’’

requires the use of data from the 1980

Census, not the most recent census data

available, in cases where boundaries

have changed as a result of annexation.

No further changes to the regulations are

necessary, however, since the

Department already removed the

incorrect language from the definition in

the CDBG Streamlining final rule,
18674 Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules and Regulations

published on March 20, 1996 (61 FR

11474). Section 570.3 now refers

directly to section 102(a)(12) of the Act

for the definition of ‘‘Extent of growth

lag’’.

Accordingly, FR Doc. 95–27488, a

final rule published in the Federal

Register on November 9, 1995 (60 FR

56892), is corrected to read as follows:

1. On page 56909, in the third

column, in § 570.3, the second sentence

of the definition of the term ‘‘Income’’

is corrected to read as follows.

§ 570.3 Definitions.

* * * * *

Income. * * * The option to choose

a definition does not apply to activities

that qualify under § 570.208(a)(1) (Area

benefit activities), except when the

recipient carries out a survey under

§ 570.208(a)(1)(vi). * * *

* * * * *

2. On page 56910, in the third

column, in § 570.200, paragraph (d)(2) is

corrected, and the third sentence of

paragraph (e) is corrected, to read as

follows:

§ 570.200 General policies.

* * * * *

(d) * * *

(2) Independent contractor

relationship. Consultant services

provided under an independent

contractor relationship are governed by

the procurement requirements in 24

CFR 85.36, and are not subject to the

compensation limitation of Level IV of

the Executive Schedule.

(e) * * * A written determination is

required for any activity carried out

under the authority of §§ 570.201(f),

570.201(i)(2), 570.201(p), 570.201(q),

570.202(b)(3), 570.206(f), 570.209, and

570.309.

* * * * *

2a. On page 56911, in the second

column, in instruction paragraph 8., the

words ‘‘the introductory text of

paragraph (n)’’ are corrected to read

‘‘paragraph (n)’’.

3. On page 56911, in the third

column, in § 570.201, paragraph (n) is

corrected to read as follows:

§ 570.201 Basic eligible activities.

* * * * *

(n) Homeownership assistance.

Subject to statutory authority, CDBG

funds may be used to provide direct

homeownership assistance to low- and

moderate-income households, as

provided in section 105(a)(25) of the

Act.

* * * * *

4. On page 56912, in the second and

third columns, in § 570.208, the second

sentence of paragraph (a)(1)(iii)(B), the

second sentence of paragraph

(a)(1)(iii)(D), and the first sentence of

paragraph (a)(1)(vi) are corrected to read

as follows:

§ 570.208 Ineligible activities.

(a) * * *

(1) * * *

(iii) * * *

(B) * * * As available, the recipient

must provide information that identifies

the total number of calls actually

received over the preceding 12-month

period for each of the emergency

services to be covered by the emergency

telephone number system and relates

those calls to the geographic segment

(expressed as nearly as possible in terms

of census tracts, block numbering areas,

block groups, or combinations thereof

that are contained within the segment)

of the service area from which the calls

were generated. * * *

* * * * *

(D) * * * For this purpose, the

recipient must include a description of

the boundaries of the service area of the

emergency telephone number system,

the census divisions that fall within the

boundaries of the service area (census

tracts or block numbering areas), the

total number of persons and the total

number of low- and moderate-income

persons within each census division,

the percentage of low- and moderateincome persons within the service area,

and the total cost of the system.

* * * * *

(vi) In determining whether there is a

sufficiently large percentage of low- and

moderate-income persons residing in

the area served by an activity to qualify

under paragraphs (a)(1) (i), (ii), or (vii)

of this section, the most recently

available decennial census information

must be used to the fullest extent

feasible, together with the section 8

income limits that would have applied

at the time the income information was

collected by the Census Bureau. * * *

* * * * *

5. On page 56916, in the first column,

in § 570.506, paragraph (c) is corrected

to read as follows:

§ 570.506 Records to be maintained.

* * * * *

(c) Records that demonstrate that the

recipient has made the determinations

required as a condition of eligibility of

certain activities, as prescribed in

§§ 570.201(f), 570.201(i)(2), 570.201(p),

570.201(q), 570.202(b)(3), 570.206(f),

570.209, and 570.309.

* * * * *

Dated: April 18, 1996.

Camille E. Acevedo,

Assistant General Counsel for Regulations.

[FR Doc. 96–10240 Filed 4–26–96; 8:45 am]

BILLING CODE 4210–29–M

Office of the Assistant Secretary for

Housing—Federal Housing

Commissioner; Real Estate Settlement

Procedures Act; Streamlining Final

Rule; Correction

24 CFR Part 3500

[Docket No. FR–4023–C–02]

RIN 2502–AG69

AGENCY: Office of the Assistant

Secretary for Housing—Federal Housing

Commissioner, HUD.

ACTION: Correction to final rule.

SUMMARY: On March 26, 1996 (61 FR

13232), the Department published a

final rule streamlining its regulations

under the Real Estate Settlement

Procedures Act (RESPA). The preamble

of the rule explained that, as part of this

streamlining, the Department was

removing from codification certain

appendices. Instead, the material in

these appendices would be made

available from the Department as Public

Guidance Documents. Because of an

error in the amendatory instructions, the

directions to remove the appendices as

specified in the preamble were omitted

from the rule text. This correction

publishes those instructions.

EFFECTIVE DATE: April 25, 1996.

FOR FURTHER INFORMATION CONTACT:

David R. Williamson, Director, Office of

Consumer and Regulatory Affairs, Room

5241, Department of Housing and Urban

Development, 451 Seventh Street SW.,

Washington, DC 20410, telephone

number (202) 708–4560 (this is not a

toll-free number); or for legal questions:

Kenneth A. Markison, Assistant General

Counsel for GSE/RESPA, or Grant E.

Mitchell, Senior Attorney for RESPA,

Room 9262, Department of Housing and

Urban Development, 451 Seventh Street

SW., Washington, DC 20410, telephone

number (202) 708–1550 (this is not a

toll-free number). For hearing- or

speech-impaired persons, this number

may be accessed via TTY (text

telephone) by calling the Federal

Information Relay Service at 1–800–

877–8339.

SUPPLEMENTARY INFORMATION:

Accordingly, FR Doc. 96–6511, Real

Estate Settlement Procedures Act;

Streamlining Final Rule (FR–4023–F–

01), published on March 26, 1996, is

corrected by adding on page 13251, in