Monday, June 28, 2004

Part X

Department of Housing and Urban Development Semiannual Regulatory Agenda

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)

DEPARTMENT OF HOUSING AND Executive Order 12866, as amended, of the rule or regulation, in the form it URBAN DEVELOPMENT and the Regulatory Flexibility Act each is intended to be proposed, at least 15 permits incorporation of the agenda calendar days before it is published for 24 CFR Subtitles A and B required by these two authorities with comment. The semiannual agenda any other prescribed agenda. Therefore, published today is the agenda [Docket No. FR-4935-N-01] the agenda set out below combines the transmitted to the committees in information required by Executive compliance with this requirement. Semiannual Regulatory Agenda Order 12866, as amended, and the Regulatory Flexibility Act. In addition, HUD has attempted to list in this AGENCY: Department of Housing and agenda all regulations and regulatory Urban Development. the agenda contains certain information not required by either the Executive reviews pending at the time of ACTION: Semiannual regulatory agenda. Order or by the Regulatory Flexibility publication, except for minor and Act which the Department considers routine or repetitive actions, but some useful, both better to inform the public may have been inadvertently omitted, or SUMMARY: In accordance with section and to enhance the Department’s own may have arisen too late to be included 4(b) of Executive Order 12866, inventory control over its body of in the published agenda. There is no ‘‘Regulatory Planning and Review,’’ as regulations. legal significance to the omission of an amended, HUD is publishing its agenda item from the agenda. Also, where dates of regulations already issued or that are Section 610(c) of the Regulatory are provided for the next rulemaking expected to be issued over the next Flexibility Act requires each agency to actions, the dates are estimates and are several months. The agenda also publish annually a list of the rules that not commitments to act on or by the includes rules currently in effect that have a significant economic impact on date shown. are under review, and describes those a substantial number of small entities, regulations that may affect small entities and that are to be reviewed in In some cases, HUD has withdrawn as required by section 602 of the accordance with the requirements of rules that were placed on previous Regulatory Flexibility Act. The purpose section 610 during the succeeding 12 agendas and for which there has been of publication of the agenda is to months. Existing regulations that HUD no publication activity. Withdrawal of a encourage more effective public proposes to amend by rules described rule does not necessarily mean that participation in the regulatory process and published in this agenda are HUD will not proceed with the by providing the public with early reviewed in accordance with the rulemaking. Withdrawal allows HUD to information about pending regulatory principles of section 610 of the further assess the subject matter and activities. Regulatory Flexibility Act. The purpose determine whether rulemaking for this of the review is to determine whether subject matter is appropriate. Following FOR FURTHER INFORMATION CONTACT: the rule should be continued without this review, the Department may Aaron Santa Anna, Assistant General change, amended, or rescinded. determine that certain rules listed as Counsel for Regulations, Office of Proposed changes to existing regulations withdrawn under this agenda are General Counsel, Department of provide the opportunity for the appropriate. If that determination is Housing and Urban Development, Room Department to conduct a section 610 made, the rules will be included in a 10276, 451 Seventh Street SW., review. succeeding semiannual agenda. Washington, DC 20410-0500, (202) 708- The Department also is subject to 3055. (This is not a toll-free number.) A In addition, for a few rules that have certain rulemaking requirements set telecommunications device for hearing- been published as proposed or interim forth in the Department of Housing and and speech-impaired individuals (TTY) rules, and therefore require further Urban Development Act (42 U.S.C. 3531 is available at 1-800-877-8339 (Federal rulemaking, HUD has identified the et seq.). Section 7(o) of the Department Information Relay Service). timing of the next action stage as of Housing and Urban Development Act ‘‘undetermined.’’ These are rules that SUPPLEMENTARY INFORMATION: Executive (42 U.S.C. 3535(o)) requires that the are still under review by HUD for which Order 12866, ‘‘Regulatory Planning and Secretary transmit to the congressional a determination of the next action stage Review’’ (58 FR 51735), as amended by committees having jurisdictional and timing of the next action stage has Executive Order 13258 (67 FR 9385), oversight of HUD (the Senate Committee not yet been made. requires each agency to publish on Banking, Housing, and Urban Affairs semiannually an agenda of (1) and the House Committee on Financial The format of the agenda remains regulations that the agency has issued or Services), a semiannual agenda of all unchanged from previous years. HUD’s expects to issue, and (2) rules currently rules or regulations which are under agenda items are divided first by in effect that are under agency review. development or review by the program office. Within each program The Regulatory Flexibility Act (5 U.S.C. Department. A rule appearing on the office, the agenda items are divided into 601-612) requires each agency to agenda cannot be published for five groups: (i) pre-rulemaking actions; publish semiannually a regulatory comment before or during the first 15 (ii) publication or other agenda of rules expected to be proposed calendar days after transmittal of the implementations of notices of proposed or promulgated that are likely to have a agenda. Section 7(o) provides that if, rulemaking; (iii) publications or other significant economic impact on a within that period, either committee implementations of final rules; (iv) long- substantial number of ‘‘small entities,’’ notifies the Secretary that it intends to term rules; and (v) completed actions. meaning small businesses, small review any rule or regulation which Within each grouping, rules are listed in organizations, or small governmental appears on the agenda, the Secretary chronological order by the part number jurisdictions. must submit to both committees a copy of the CFR affected. Where a rule affects

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HUD

multiple parts of the CFR, the rule is regulatory process by providing the the public to comment on the rules listed by the first affected part number. public with early information about the listed in the agenda. Department’s future regulatory actions, Since the purpose of publication of HUD invites all interested members of Dated: June 7, 2004. the agenda is to encourage more Alphonso Jackson, effective public participation in the Secretary. Office of the Secretary—Proposed Rule Stage

Regulation Sequence Title Identifier Number Number

1394 Providing for Electronic Submission of Grant Applications (FR-4875) ...... 2501–AD02 1395 24 CFR 25 FHA Lenders and Mortgagees: Prohibiting Misleading Words in Names of Non-Federally Supervised Entities and Strengthening Enforcement of Mortgagee Review Board Sanctions (FR-4765) ...... 2501–AC95 1396 24 CFR 81 The Secretary of HUD’s Regulation of Fannie Mae and Freddie Mac (FR-4790) ...... 2501–AC92 1397 24 CFR 84 Grants and Agreements—Uniform Requirements for All HUD Programs (FR-4930) ...... 2501–AD05 1398 Consolidated Plan Amendments (FR-4923) ...... 2501–AD07 1399 24 CFR 92 Home Investment Partnerships Program (FR-4833) ...... 2501–AC94 1400 24 CFR 8 Nondiscrimination Based on Disability: Multifamily Homeownership Projects (FR-4776) ...... 2501–AC87

Office of the Secretary—Final Rule Stage

Regulation Sequence Title Identifier Number Number

1401 Implementation of Requirement for Use of Data Universal Numbering System (DUNS) Identifier (FR-4876) ...... 2501–AD01 1402 Equal Employment Opportunity: Revisions to Affirmative Employment Programs Policy (FR-4929) ...... 2501–AD04 1403 24 CFR 203 Treble Damages for Failure To Engage in Loss Mitigation (FR-4553) ...... 2501–AC66 1404 24 CFR 92 American Dream Downpayment Initiative (FR-4832) ...... 2501–AC93 1405 HOME Investment Partnerships Program, Amendments to Homeownership Affordability Requirements (FR-4940) .. 2501–AD06 1406 24 CFR 5 Implementation of Executive Order 13279 for HUD Programs: Equal Protection of the Laws for Faith- Based and Community Organizations (FR-4881) ...... 2501–AD03 1407 24 CFR 888 Fair Market Rents Programs: Increased Fair Market Rents for Certain Areas and Higher Payment Standards (FR-4606) ...... 2501–AC75

Office of the Secretary—Long-Term Actions

Regulation Sequence Title Identifier Number Number

1408 24 CFR 81 The Secretary of HUD’s Regulation of Fannie Mae and Freddie Mac: Prohibiting the Purchase of Cer- tain Loans With High Costs and/or Predatory Features (FR-4614) ...... 2501–AC76 1409 24 CFR 84 Adoption of Revisions to OMB Circular A-110 (FR-4573) ...... 2501–AC68 1410 24 CFR 5 Electronic Document Retention and Consumer Disclosure Requirements in HUD-Related Transactions (FR-4686) ...... 2501–AC79

Office of the Secretary—Completed Actions

Regulation Sequence Title Identifier Number Number

1411 24 CFR 5 Streamlining HUD Income Exclusions (FR-4844) ...... 2501–AC96

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HUD

Office of Housing—Prerule Stage

Regulation Sequence Title Identifier Number Number

1412 24 CFR 81 Nonproprietary Data Submitted by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (FR-4796) ...... 2502–AH96

Office of Housing—Proposed Rule Stage

Regulation Sequence Title Identifier Number Number

1413 24 CFR 25 Single Family Mortgage: Lender Compliance and Accountability (FR-4761) ...... 2502–AH87 1414 HUD Multifamily Rental and Health Care Facility Closing Documents (FR-4883) ...... 2502–AI11 1415 24 CFR 202.2 Duties and Responsibilities of Loan Correspondents and Sponsors (FR-4762) ...... 2502–AH90 1416 Revisions to the Single Family Mortgage Insurance Program (FR-4831) ...... 2502–AI03 1417 State Installation Requirements (FR-4877) ...... 2502–AI07 1418 Notice of Default Reporting (FR-4916) ...... 2502–AI20 1419 Home Equity Conversion Mortgages (HECM): Long-Term Care Insurance (FR-4857) ...... 2502–AI04 1420 24 CFR 212 Housing Counseling Program (FR-4798) ...... 2502–AH99 1421 Competitive Sales Procedures—Owner-Occupant Priority Over Nonprofit Organizations (FR-4858) ...... 2502–AI05 1422 Disciplinary Actions Against HUD-Qualified Real Estate Brokers (FR-4871) ...... 2502–AI08 1423 Accelerated Claims and Asset Disposition Program (FR-4887) ...... 2502–AI14 1424 One Dollar Home Sales to Local Governments (FR 4862) ...... 2502–AI15 1425 24 CFR 880 Distributions to Nonprofit Owners of Certain HUD-Assisted Multifamily Rental Projects (FR-4602) ...... 2502–AH52 1426 24 CFR 401 Mark-to-Market Program Amendments (FR-4751) ...... 2502–AH86 1427 24 CFR 200 Hospital Mortgage Insurance Program (FR-4927) ...... 2502–AI22 1428 24 CFR 203.43 (b)(1) Home Equity Conversion Mortgages (HECM): Cooperative Housing Developments (FR- 4777) ...... 2502–AH89 1429 24 CFR 203 Due Diligence/Quality Control Plans (FR-4846) ...... 2502–AI02 1430 24 CFR 291 Disposition of HUD-Owned Single Family Assets in Asset Control Areas (FR-4471) ...... 2502–AH40 1431 24 CFR 291, subpart F Disposition of HUD-Acquired Single Family Property: Officer/Teacher Next Door Sales Pro- grams (FR-4712) ...... 2502–AH72 1432 24 CFR 3285 Manufactured Housing Installation Program (FR-4812) ...... 2502–AH97 1433 24 CFR 3286 Manufactured Housing Dispute Resolution Program (FR-4813) ...... 2502–AH98 1434 24 CFR 402 Renewal of Expiring Section 8 Project-Based Assistance Contracts (FR-4551) ...... 2502–AH47 1435 Manufactured Home Construction and Safety Standards (FR-4886) ...... 2502–AI12 1436 Manufactured Housing On-Site Construction (FR-4885) ...... 2502–AI13 1437 24 CFR 207 HUD Multifamily Accelerated Processing Quality Assurance Enforcement (FR-4836) ...... 2502–AI01

Office of Housing—Final Rule Stage

Regulation Sequence Title Identifier Number Number

1438 24 CFR 200 Section 223f Supplemental Cost Certification (FR-4793) ...... 2502–AH93 1439 Revised Guidelines for Previous Participation Certification (FR-4870) ...... 2502–AI10 1440 24 CFR 203 Eligibility of Mortgages on Hawaiian Homelands Insured Under Section 247 (FR-4779) ...... 2502–AH92 1441 Amendments to Prohibition of Property Flipping in HUD’s Single Family Mortgage Insurance Programs (FR-4911) 2502–AI18 1442 24 CFR 236 Section 236 Excess Rental Charges (FR-4689) ...... 2502–AH68 1443 24 CFR 203.18 Nonprofit Organization Participation in FHA Single Family Mortgage Insurance Programs (FR- 4702) ...... 2502–AH71 1444 24 CFR 200.54(b) Distribution of Tax Credit Proceeds (FR-4792) ...... 2502–AH91 1445 24 CFR 202 Revisions to FHA Credit Watch Termination Initiative (FR-4625) ...... 2502–AH60 1446 24 CFR 203 Upfront Mortgage Insurance Premiums: Remittance Requirements (FR-4690) ...... 2502–AH67 1447 24 CFR 203.50 Up-Front Mortgage Insurance Premiums for Loans Insured Under 24 CFR 203(k) and 234(c) of the National Housing Act (FR-4749) ...... 2502–AH82 1448 24 CFR 203 FHA Total Mortgage Scorecard (FR-4835) ...... 2502–AI00 1449 24 CFR 206 Insurance for Mortgages To Refinance Existing HECMs (FR-4667) ...... 2502–AH63 1450 24 CFR 203 Lender Accountability for Appraisals (FR-4722) ...... 2502–AH78

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HUD

Office of Housing—Final Rule Stage (Continued)

Regulation Sequence Title Identifier Number Number

1451 24 CFR 891 Mixed Finance Development for Supportive Housing for the Elderly or Persons With Disabilities and Other Changes to 24 CFR Part 891 (FR-4725) ...... 2502–AH83 1452 Manufactured Housing Program: Minimum Payments to States (FR-4868) ...... 2502–AI16

Office of Housing—Long-Term Actions

Regulation Sequence Title Identifier Number Number

1453 24 CFR 401 Release of Information to Tenants and Other Parties Pursuant to MAHRA (FR-4531) ...... 2502–AH45 1454 24 CFR 202.5 Establishment of Loan Officer Registry and Establishment of Servicing Approval Agreements (FR- 4764) ...... 2502–AH88 1455 24 CFR 203 E-Endorsement of FHA-Insured Mortgages (FR-4789) ...... 2502–AH95 1456 24 CFR 3500 et seq RESPA—Improving the Process for Obtaining Mortgages (FR-4727) ...... 2502–AH85

Office of Housing—Completed Actions

Regulation Sequence Title Identifier Number Number

1457 24 CFR 203.60 FHA Inspector Roster (FR-4720) ...... 2502–AH76 1458 Changes in Maximum Mortgage Limits (FR-4913) ...... 2502–AI19 1459 24 CFR 203.49 Eligibility of Adjustable Rate Mortgages (ARMs) (FR-4745) ...... 2502–AH84 1460 24 CFR 200.208 FHA Appraiser Watch Initiative (FR-4744) ...... 2502–AH81 1461 24 CFR 203 Amendments to the Section 203(k) Rehabilitation Loan Insurance Program (FR-4701) ...... 2502–AH73

Office of Community Planning and Development—Proposed Rule Stage

Regulation Sequence Title Identifier Number Number

1462 24 CFR 583 Supportive Housing Program (FR-4616) ...... 2506–AC07 1463 Empowerment Zones: Resident Benefit and Economic Development Standards for Grants (FR-4853) ...... 2506–AC16 1464 24 CFR 570 Community Development Block Grant Program Revision of CDBG Eligibility and National Objective Regulations (FR-4699) ...... 2506–AC12 1465 24 CFR 574 Housing Opportunities for Persons With AIDS (HOPWA) (FR-4708) ...... 2506–AC11

Office of Community Planning and Development—Final Rule Stage

Regulation Sequence Title Identifier Number Number

1466 Modification of the Community Development Block Grant Definition for Metropolitan City and Other Conforming Amendments (FR-4872) ...... 2506–AC15 1467 Community Development Block Grant Program: Small Cities and Insular Areas Programs (FR-4919) ...... 2506–AC17 1468 24 CFR 570 Prohibition on Use of CDBG Assistance for Job-Pirating Activities (FR-4556) ...... 2506–AC04 1469 24 CFR 570 CDBG Program for States: Community Revitalization Strategy Requirements and Miscellaneous Technical Amendments (FR-4081) ...... 2506–AB83

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HUD

Government National Mortgage Association—Final Rule Stage

Regulation Sequence Title Identifier Number Number

1470 Removal of Regulation Specifying Minimum Face Value of Ginnie Mae Securities (FR-4856) ...... 2503–AA17

Office of Fair Housing and Equal Opportunity—Proposed Rule Stage

Regulation Sequence Title Identifier Number Number

1471 24 CFR 115 Certification and Funding of State and Local Fair Housing Enforcement Agencies (FR-4748) ...... 2529–AA90

Office of Fair Housing and Equal Opportunity—Final Rule Stage

Regulation Sequence Title Identifier Number Number

1472 24 CFR 100 Fair Housing Act Regulation: Conforming Amendment; Update To Reflect Current Edition of American National Standards Institute (ANSI) (FR-4554) ...... 2529–AA88

Office of Fair Housing and Equal Opportunity—Long-Term Actions

Regulation Sequence Title Identifier Number Number

1473 24 CFR 135 Economic Opportunities for Low- and Very-Low-Income Persons (FR-2898) ...... 2529–AA49

Office of Administration—Proposed Rule Stage

Regulation Sequence Title Identifier Number Number

1474 48 CFR 2401 HUD Acquisition Regulation (FR-4705) ...... 2535–AA26

Office of Public and Indian Housing—Proposed Rule Stage

Regulation Sequence Title Identifier Number Number

1475 Capital Fund Program (FR-4880) ...... 2577–AC50 1476 Streamlined Mixed Finance Application Review (FR-4924) ...... 2577–AC55 1477 Section 8 Management Assessment Program (FR-4884) ...... 2577–AC52 1478 Revisions to Section 8 Management Assessment Program (SEMAP) Lease-Up Indicator (FR-4926) ...... 2577–AC54 1479 Native American Housing Assistance and Self-Determination Act (NAHASDA): Revisions to the Indian Housing Block Grant Program Formula (FR-4938) ...... 2577–AC57 1480 24 CFR 954 Participation in HUD’s Native American Programs by Religious Organizations: Providing Equal Treat- ment to All Program Participants (FR-4915) ...... 2577–AC56 1481 24 CFR 964 Resident Participation in Public Housing (FR-4657) ...... 2577–AC26 1482 24 CFR 970 Public Housing Program—Demolition or Disposition of Public Housing Projects (FR-4598) ...... 2577–AC20 1483 24 CFR 982 Tenant-Based Assistance: Housing Choice Voucher Program (FR-4838) ...... 2577–AC44 1484 24 CFR 990 Capital and Operating Funds for Debt Service and Financing Activities(FR-4843) ...... 2577–AC49

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HUD

Office of Public and Indian Housing—Final Rule Stage

Regulation Sequence Title Identifier Number Number

1485 Technical and Conforming Amendments to the Public Housing Homeownership Program (FR-4891) ...... 2577–AC53 1486 Operating Fund Allocation Formula (FR-4874) ...... 2577–AC51 1487 24 CFR 1000 Minimum Funding Under the Indian Housing Block Grant Program (FR-4825) ...... 2577–AC43 1488 24 CFR 960 PHA Discretion in Treatment of Over-Income Families (FR-4824) ...... 2577–AC42 1489 24 CFR 972 Conversion of Developments From Public Housing Stock; Methodology for Comparing Costs of Public Housing and Tenant-Based Assistance (FR-4718) ...... 2577–AC33 1490 24 CFR 982 Housing Choice Voucher Homeownership Program; Pilot Program for Homeownership Assistance for Disabled Families (FR-4661) ...... 2577–AC24 1491 24 CFR 983 Project-Based Voucher Program (FR-4636) ...... 2577–AC25

Office of Public and Indian Housing—Long-Term Actions

Regulation Sequence Title Identifier Number Number

1492 24 CFR 1000 Implementation of Statutory Revisions to NAHASDA (FR-4750) ...... 2577–AC37

Office of Public and Indian Housing—Completed Actions

Regulation Sequence Title Identifier Number Number

1493 24 CFR 1000 NAHASDA Housing Assistance for Native Hawaiians (FR-4668) ...... 2577–AC27

Department of Housing and Urban Development (HUD) Proposed Rule Stage Office of the Secretary (HUDSEC)

1394. PROVIDING FOR ELECTRONIC Government Levels Affected: Local, CFR Citation: 24 CFR 25; 24 CFR 202 SUBMISSION OF GRANT State, Tribal APPLICATIONS (FR–4875) Legal Deadline: None Agency Contact: Barbara Dorf, Priority: Substantive, Nonsignificant Director, Office of Departmental Grants Abstract: This rule would prohibit the Legal Authority: PL 106–107 Management and Oversight, Office of use of certain misleading or restricted Administration, Department of Housing names used by non-Federally CFR Citation: 24 CFR 5 and Urban Development supervised lenders and mortgagees to Legal Deadline: None Phone: 202 708–0667 increase compliance with existing Abstract: The President’s objective for Fax: 202 708–0531 criminal code (18 U.S.C. 709) and to e-government, as contained in the Email: [email protected] avoid confusion of consumers by President’s Management Agenda, RIN: 2501–AD02 lenders and mortgagees who use requires Federal agencies to allow for misleading words in their name to electronic application submission. The falsely imply that they have some Department proposes mandatory 1395. FHA LENDERS AND connection with or authorization from electronic submission for applications MORTGAGEES: PROHIBITING the Department of Housing and Urban for Federal financial assistance. This MISLEADING WORDS IN NAMES OF Development and/or the Federal rule would provide for public comment NON–FEDERALLY SUPERVISED Housing Administration. In addition, on this proposal to require electronic ENTITIES AND STRENGTHENING this rule will limit the ability of lenders submission. ENFORCEMENT OF MORTGAGEE and mortgagees to evade Mortgagee REVIEW BOARD SANCTIONS Timetable: Review Board sanctions by selling their (FR–4765) addresses, names, and assets to another Action Date FR Cite Priority: Other Significant FHA-approved lender or mortgagee. NPRM 10/00/04 Legal Authority: 12 USC 1703; 12 USC Timetable: Regulatory Flexibility Analysis 1708(c); 12 USC 1708(d); 12 USC Action Date FR Cite Required: No 1709(s); 12 USC 1715b; 12 USC Small Entities Affected: No 1735(f)–14 NPRM 10/00/05

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HUD—HUDSEC Proposed Rule Stage

Regulatory Flexibility Analysis Regulatory Flexibility Analysis 1398. • CONSOLIDATED PLAN Required: No Required: No AMENDMENTS (FR–4923) Small Entities Affected: Priority: No Small Entities Affected: No Other Significant. Major status Government Levels Affected: None under 5 USC 801 is undetermined. Government Levels Affected: None Agency Contact: Phillip A. Murray, Legal Authority: 42 USC 3535(d); 42 USC 3601 to 3619; 42 USC 5301 to Director, Office of Lender Activities Agency Contact: Sandra Fostek, 5315; 42 USC 12701 to 12711; 42 USC and Program Compliance, Department Director, Office of Government of Housing and Urban Development, 12741 to 12756; 42 USC 12901 to Sponsored Enterprise Oversight, 12912; . . . Office of Housing, P3214, 451 7th Department of Housing and Urban Street SW., Washington, DC 20410 Development, Office of Housing CFR Citation: 24 CFR 91 Phone: 202 708–1515 Phone: 202 708–2224 Legal Deadline: None RIN: 2501–AC95 Abstract: This rule would amend the RIN: 2501–AC92 consolidated plan regulations to make 1396. THE SECRETARY OF HUD’S clarifying and streamlining changes that REGULATION OF FANNIE MAE AND 1397. • GRANTS AND are expected to make the consolidated FREDDIE MAC (FR–4790) AGREEMENTS—UNIFORM plan more results-oriented and useful to communities in assessing their own Priority: Other Significant REQUIREMENTS FOR ALL HUD PROGRAMS (FR–4930) progress toward addressing the Legal Authority: 12 USC 1451 et seq; problems of low-income areas. The 12 USC 1716 to 1723i; 12 USC 4501 Priority: Other Significant. Major status proposed rule would eliminate some to 4641; 28 USC 2641 note; 42 USC under 5 USC 801 is undetermined. obsolete and redundant provisions and 3535(d); 42 USC 3601 to 3619 makes other changes that would CFR Citation: 24 CFR 81 Legal Authority: 42 USC 3535(d) conform the consolidated plan regulations with HUD’s public housing Legal Deadline: None CFR Citation: 24 CFR 84; 24 CFR 85 regulations that govern the Public Abstract: Through this rule, the Legal Deadline: None Housing Agency Plan. Department will increase housing goals Timetable: for the purchase of mortgages by Fannie Abstract: Based on a proposal by OMB Mae and Freddie Mac (collectively, the that would publish, in a single title in Action Date FR Cite Government Sponsored Enterprises or the CFR, all of OMB’s guidance NPRM 08/00/04 GSEs) for calendar years 2005-2008. In concerning federal agency grants and accordance with the Federal Housing Regulatory Flexibility Analysis agreements, HUD proposes to simplify Required: No Enterprises Financial Safety and the Department’s requirements for Soundness Act of 1992 (FHEFSSA), this grants, nonprocurement agreements, Small Entities Affected: No rule will establish new goals for the and other financial assistance by Government Levels Affected: None GSEs’ purchase of mortgages financing establishing these standards as uniform Agency Contact: Salvatore Sclafani, low- and moderate-income housing, for all HUD programs, except when Office of Policy Development and special affordable housing, and housing statutory authority provides otherwise. Coordination, Office of Community in central cities, rural areas, and other This rule would also make several Planning and Development, Department underserved areas. This rule will also technical corrections to cross- of Housing and Urban Development, establish Home Purchase Mortgage references. Office of the Secretary subgoals under each goal and will Phone: 202 708–1817 codify new provision to strengthen the Timetable: integrity of data that the GSEs provide RIN: 2501–AD07 Action Date FR Cite to HUD on their mortgage purchases under the goals. The Secretary of HUD NPRM 07/00/04 1399. HOME INVESTMENT has general regulatory power over each PARTNERSHIPS PROGRAM (FR–4833) GSE and is required to make such rules Regulatory Flexibility Analysis and regulations as shall be necessary Required: No Priority: Other Significant to ensure that the purpose of FHEFSSA Legal Authority: 42 USC 12701 to Small Entities Affected: No and the GSEs’ charters are 12839; 42 USC 3535(d) accomplished. HUD’s current GSE Government Levels Affected: None CFR Citation: 24 CFR 92 regulations implement FHEFSSA’s provisions and include fair housing, Agency Contact: Barbara Dorf, Legal Deadline: None new program approval, reporting, and Director, Office of Departmental Grants Abstract: This rule will propose access to information requirements. Management and Oversight, Office of various policy changes and Timetable: Administration, Department of Housing clarifications to the HOME Investment and Urban Development Partnerships Program. Program areas Action Date FR Cite Phone: 202 708–0667 where changes will be proposed NPRM 05/03/04 69 FR 24227 Fax: 202 708–0531 include: loan guarantees, community NPRM Comment 07/02/04 Email: [email protected] housing development organization Period End performance standards, and long-term Final Action 11/00/04 RIN: 2501–AD05 compliance responsibilities.

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HUD—HUDSEC Proposed Rule Stage

Timetable: 1400. NONDISCRIMINATION BASED term ‘‘handicap’’ with ‘‘disability’’ and ON DISABILITY: MULTIFAMILY by removing obsolete references. Action Date FR Cite HOMEOWNERSHIP PROJECTS Timetable: NPRM 11/00/04 (FR–4776) Priority: Other Significant Action Date FR Cite Regulatory Flexibility Analysis NPRM 10/00/05 Required: No Legal Authority: 29 USC 794; 42 USC 3535(d); 42 USC 5309 Regulatory Flexibility Analysis Small Entities Affected: No CFR Citation: 24 CFR 8 Required: No Government Levels Affected: None Legal Deadline: None Small Entities Affected: No Abstract: This rule clarifies the Agency Contact: Virginia Sardone, Government Levels Affected: None applicability of HUD’s accessibility Director, Program Policy Division, Agency Contact: Cheryl Kent, Special requirements (nondiscrimination based Advisor for Disability Policy, Department of Housing and Urban on disability) to multifamily Department of Housing and Urban Development homeownership projects receiving Development, Office of the Secretary Phone: 202 708–2470 financial assistance from HUD. In Phone: 202 708–1734 RIN: 2501–AC94 addition, this rule conforms this part to statutory changes by replacing the RIN: 2501–AC87

Department of Housing and Urban Development (HUD) Final Rule Stage Office of the Secretary (HUDSEC)

1401. IMPLEMENTATION OF Phone: 202 708–0667 Regulatory Flexibility Analysis REQUIREMENT FOR USE OF DATA Fax: 202 708–0531 Required: No l UNIVERSAL NUMBERING SYSTEM Email: barbara [email protected] Small Entities Affected: No (DUNS) IDENTIFIER (FR–4876) RIN: 2501–AD01 Government Levels Affected: None Priority: Substantive, Nonsignificant Agency Contact: Marcella Brown, Legal Authority: PL 106–107 1402. • EQUAL EMPLOYMENT Acting Director, Office of Departmental CFR Citation: 24 CFR 5 OPPORTUNITY: REVISIONS TO Equal Employment Opportunity, Legal Deadline: None AFFIRMATIVE EMPLOYMENT Department of Housing and Urban PROGRAMS POLICY (FR–4929) Development, Office of the Secretary Abstract: This rule implements the Phone: 617 994–8320 requirement for grant applicants to Priority: Substantive, Nonsignificant. provide a Dunn and Bradstreet (D&B) Major status under 5 USC 801 is RIN: 2501–AD04 Data Universal Numbering System undetermined. (DUNS) number when applying for Legal Authority: 29 USC 206(d); 29 1403. TREBLE DAMAGES FOR Federal funds through HUD’s formula USC 633a; 29 USC 791; 29 USC 794; FAILURE TO ENGAGE IN LOSS programs and published through 42 USC 2000e note; 42 USC 2000e to MITIGATION (FR–4553) NOFAs. 16; 42 USC 3535(d) Priority: Other Significant Timetable: CFR Citation: 24 CFR 7 Legal Authority: 12 USC 1715u; 12 Action Date FR Cite Legal Deadline: None USC 1735f–14; 12 USC 1701q–1; 12 Interim Final Rule 03/26/04 69 FR 15671 USC 1703; 1735f–15; 15 USC 1717a; 28 Interim Final Rule 05/25/04 Abstract: HUD’s regulations governing USC 2641 note; 12 USC 1709; 12 USC Comment Period the Department’s equal employment 1710; 12 USC 1715b; 42 USC 3535(d) End opportunity (EEO) policies, procedures, CFR Citation: 24 CFR 30; 24 CFR 203 Interim Final Rule 04/26/04 and programs are located at 24 CFR Effective part 7. This rule revises and updates Legal Deadline: None Final Action 10/00/04 the Department’s current EEO Abstract: This rule would implement Regulatory Flexibility Analysis regulations that concern affirmative sections 601(f), (g), and (h) of the fiscal Required: No employment plans. This regulatory year 1999 HUD Appropriations Act change will make HUD’s EEO (Pub. L. 105-276, approved October 21, Small Entities Affected: Governmental provisions at 24 CFR section 7.4 Jurisdictions, Organizations 1998). These sections amend the consistent with recently issued National Housing Act, which Government Levels Affected: Local, management directive (MD-715) of the establishes the basic framework for State, Tribal Equal Employment Opportunity HUD’s single family mortgage insurance Agency Contact: Barbara Dorf, Commission (EEOC). programs. Specifically, section 601(f) Director, Office of Departmental Grants Timetable: amends section 230 of the National Management and Oversight, Office of Housing Act (42 U.S.C. 1715u) (entitled Administration, Department of Housing Action Date FR Cite Authority to Assist Mortgagors in and Urban Development Interim Final Rule 08/00/04 Default) to provide that, upon default

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HUD—HUDSEC Final Rule Stage

of an insured single family mortgage, publication of a March 30, 2004, Regulatory Flexibility Analysis lenders must engage in loss mitigation interim rule, and takes into Required: No activities for the purpose of providing consideration the public comments Small Entities Affected: No an alternative to foreclosure. Further, received on the interim rule. sections 601(g) and (h) amend section Timetable: Government Levels Affected: None 536 of the National Housing Act (12 Action Date FR Cite Agency Contact: Virginia Sardone, U.S.C. 1735f-14) (entitled Civil Money Director, Program Policy Division, Penalties Against Mortgagees, Lenders, Interim Final Rule 03/30/04 69 FR 16758 Department of Housing and Urban and Other Participants in FHA Interim Final Rule 04/29/04 Development Programs) to provide for the imposition Effective Phone: 202 708–2470 of treble civil money penalties on Interim Final Rule 06/01/04 lenders that fail to engage in loss Comment Period RIN: 2501–AD06 mitigation activities, as required under End Final Action 10/00/04 amended section 230. 1406. • IMPLEMENTATION OF Timetable: Regulatory Flexibility Analysis EXECUTIVE ORDER 13279 FOR HUD Required: No Action Date FR Cite PROGRAMS: EQUAL PROTECTION OF Small Entities Affected: No THE LAWS FOR FAITH–BASED AND ANPRM 12/06/00 65 FR 76520 COMMUNITY ORGANIZATIONS Government Levels Affected: None ANPRM Comment 02/05/01 (FR–4881) Period End Agency Contact: Virginia Sardone, NPRM 04/14/04 69 FR 19906 Director, Program Policy Division, Priority: Other Significant NPRM Comment 06/14/04 Department of Housing and Urban Legal Authority: 42 USC 3535(d) Period End Development Final Action 10/00/04 Phone: 202 708–2470 CFR Citation: 24 CFR 5; 24 CFR 570 Regulatory Flexibility Analysis RIN: 2501–AC93 Legal Deadline: None Required: No Abstract: This rule will implement Small Entities Affected: No 1405. • HOME INVESTMENT executive branch policy that, within the Government Levels Affected: None PARTNERSHIPS PROGRAM, framework of constitutional church- state guidelines, faith-based Agency Contact: AMENDMENTS TO HOMEOWNERSHIP Michael Reyes, Office organizations should be able to of the Deputy Assistant Secretary for AFFORDABILITY REQUIREMENTS (FR–4940) compete on an equal footing with other Single Family Housing, Department of organizations for Federal funding. Housing and Urban Development, Priority: Other Significant Executive Order 13279, entitled ‘‘Equal Office of the Secretary Legal Authority: 42 USC 3535(d); 42 Protection of the Laws for Faith-Based Phone: 405 553–7576 USC 12701 to 12839 and Community Organizations,’’ RIN: 2501–AC66 CFR Citation: 24 CFR 92 establishes fundamental principles and policymaking criteria to guide federal Legal Deadline: None 1404. AMERICAN DREAM agencies in formulating and developing DOWNPAYMENT INITIATIVE (FR–4832) Abstract: This rule would revise the policies that have implications for affordability requirements for faith-based and community Priority: Other Significant homeownership housing assisted under organizations to ensure the equal Legal Authority: 42 USC 3535(d); 42 the HOME Investment Partnership protection of the laws for these USC 12701 to 12839 Program. First, the rule would provide organizations in federally-assisted social service programs. Consistent CFR Citation: 24 CFR 92 that, upon sale of HOME-assisted homeownership housing before the with the Executive order, this final rule Legal Deadline: None close of the required affordability describes HUD’s policy for the Abstract: This rule establishes period, a participating jurisdiction may participation of faith-based regulations for the American Dream only recapture an amount equal to the organizations in HUD programs and Downpayment Initiative (ADDI). net proceeds of the sale. The rule activities. In addition, this final rule Through the ADDI, HUD will make would also provide a participating would amend the regulations for the formula grants to participating jurisdiction with the flexibility to State Community Development Block jurisdictions under the HOME invest additional HOME funds to Grant (CDBG) program to clarify that Investment Partnerships program for preserve homebuyer housing for which the requirements contained in HUD’s the purpose of assisting low-income HOME funds have already been used. September 30,2003, final rule regarding families achieve homeownership. HUD The regulatory amendments will the equal participation of faith-based must make the ADDI funds available provide participating jurisdictions with organizations in certain HUD programs in accordance with a formula. This rule additional flexibility to preserve apply to the State CDBG program. HUD codifies the formula for allocation of HOME-assisted homeownership supports the participation of faith-based ADDI funds to HOME participating housing. organizations in its programs. jurisdictions, identifies eligible Timetable: Timetable: activities and costs underthe ADDI, and establishes other applicable Action Date FR Cite Action Date FR Cite requirements. This final rule follows Interim Final Rule 09/00/04 NPRM 03/03/04 69 FR 10126

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Action Date FR Cite 1407. FAIR MARKET RENTS Action Date FR Cite PROGRAMS: INCREASED FAIR NPRM Comment 05/03/04 MARKET RENTS FOR CERTAIN Interim Final Rule 11/16/00 Period End AREAS AND HIGHER PAYMENT Comment Period End Final Action 07/00/04 STANDARDS (FR–4606) Interim Final Rule 12/01/00 Regulatory Flexibility Analysis Priority: Economically Significant Effective Required: No Legal Authority: Revised Interim Final 12/00/04 42 USC 1437a; 42 Rule USC 1437c; 42 USC 1437f; 42 USC Small Entities Affected: No 3535(d) Regulatory Flexibility Analysis Required: No Government Levels Affected: None CFR Citation: 24 CFR 888; 24 CFR 982; 24 CFR 985 Small Entities Affected: No Agency Contact: Ryan Streeter, Director, Center for Faith–Based and Legal Deadline: None Government Levels Affected: Local, State Community Initiatives, Department of Abstract: This rule follows publication Housing and Urban Development, of an October 2, 2002, interim rule and Agency Contact: Gerald J. Benoit, Office of the Secretary takes into consideration the public Director, Housing Voucher Management Phone: 202 708–2404 comments on the interim rule. and Operations, Department of Housing and Urban Development, Office of RIN: 2501–AD03 Timetable: Public and Indian Housing Action Date FR Cite Phone: 202 708–0477 Interim Final Rule 10/02/00 65 FR 58870 RIN: 2501–AC75

Department of Housing and Urban Development (HUD) Long-Term Actions Office of the Secretary (HUDSEC)

1408. THE SECRETARY OF HUD’S from purchasing certain loans with September 30, 1999, as required by REGULATION OF FANNIE MAE AND high costs and/or predatory features. Public Law 105-227. This rule provides FREDDIE MAC: PROHIBITING THE Timetable: Next Action Undetermined uniform administrative requirements PURCHASE OF CERTAIN LOANS for all grants and cooperative WITH HIGH COSTS AND/OR Regulatory Flexibility Analysis agreements to institutions of higher PREDATORY FEATURES (FR–4614) Required: No education, hospitals, and other Small Entities Affected: No nonprofit organizations. FR-4258 (RIN Priority: Other Significant. Major under Government Levels Affected: None 2501-AC39), which makes final an 5 USC 801. interim rule that adopted revised OMB Agency Contact: Sandra Fostek, Legal Authority: 12 USC 1451 et seq; Circular A-133 to obtain consistency Director, Office of Government and uniformity among Federal agencies 12 USC 1716 et seq; 12 USC 4501 et Sponsored Enterprise Oversight, seq; 42 USC 3535(d) for the audit of States, local Department of Housing and Urban governments, and nonprofit CFR Citation: 24 CFR 81 Development, Office of Housing organizations expending Federal Phone: 202 708–2224 awards, is also merged with this rule. Legal Deadline: None RIN: 2501–AC76 Timetable: Abstract: A report issued in June 2000 Action Date FR Cite by HUD and the Department of 1409. ADOPTION OF REVISIONS TO Treasury entitled ‘‘Curbing Predatory OMB CIRCULAR A–110 (FR–4573) Interim Final Rule 05/11/00 65 FR 30498 Home Mortgage Lending’’ noted that by Interim Final Rule 06/12/00 providing a source of funding, entities Priority: Other Significant Effective that purchase or securitize loans with Legal Authority: 42 USC 3535(d) Interim Final Rule 07/10/00 high cost and/or predatory features are, CFR Citation: 24 CFR 5; 24 CFR 84; Comment Period End knowingly or unknowingly, supporting 24 CFR 85 the activities of predatory loan Next Action Undetermined Legal Deadline: None originators. The report recommended Regulatory Flexibility Analysis regulatory restrictions that would Abstract: This document presents the Required: No prohibit the two Government- final revision to the codification, at 24 Sponsored Enterprises (GSEs), Fannie CFR part 84, of the Office of Small Entities Affected: No Mae and Freddie Mac, from purchasing Management and Budget (OMB) Government Levels Affected: None certain types of loans with high costs Circular A-110, ‘‘Uniform and/or predatory features altogether. Administrative Requirements for Grants Agency Contact: Barbara Dorf, Through this rulemaking, HUD will and Agreements with Institutions of Director, Office of Departmental Grants establish regulatory restrictions, Higher Education, Hospitals, and Other Management and Oversight, consistent with the GSEs’ voluntary Nonprofit Organizations.’’ OMB issued Department of Housing and Urban restrictions, that will prohibit the GSEs a final revision to Circular A-110 on Development, Office of Administration

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HUD—HUDSEC Long-Term Actions

Phone: 202 708–0667 CFR Citation: 24 CFR 5 Timetable: Next Action Undetermined RIN: 2501–AC68 Legal Deadline: None Regulatory Flexibility Analysis Required: No Abstract: This rule will implement the 1410. ELECTRONIC DOCUMENT Electronic Signature Act which allows Small Entities Affected: No RETENTION AND CONSUMER agencies to issue regulations, pursuant Government Levels Affected: None DISCLOSURE REQUIREMENTS IN to their existing regulatory authority, HUD–RELATED TRANSACTIONS interpreting section 101 of ESIGN (15 Agency Contact: Koren (FR–4686) U.S.C. 7001) and setting performance McKenzie–John, Attorney–Advisor, standards for the accuracy, integrity, Multifamily Mortgage Division, Priority: Other Significant and accessibility of electronically Department of Housing and Urban Legal Authority: 12 USC 1701 et seq; retained documents. The rule will set Development, Office of the General 12 USC 1715z–13a; 12 USC 2601 to performance standards for the Counsel 2617; 15 USC 1701 to 1706; 15 USC accessibility, integrity, and accuracy of Phone: 202 708–4090 7001 to 7006; . . . electronically retained documents. RIN: 2501–AC79

Department of Housing and Urban Development (HUD) Completed Actions Office of the Secretary (HUDSEC)

1411. STREAMLINING HUD INCOME Completed: Small Entities Affected: Governmental EXCLUSIONS (FR–4844) Jurisdictions Reason Date FR Cite Priority: Other Significant Government Levels Affected: Local, Withdrawn 05/10/04 State CFR Citation: 24 CFR 5 Regulatory Flexibility Analysis Agency Contact: Patricia Arnaudo Required: No Phone: 202 708–0744 RIN: 2501–AC96

Department of Housing and Urban Development (HUD) Prerule Stage Office of Housing (OH)

1412. NONPROPRIETARY DATA Abstract: This notice sets forth a Final Timetable: SUBMITTED BY THE FEDERAL Order of the Department of Housing Action Date FR Cite NATIONAL MORTGAGE ASSOCIATION and Urban Development which (FANNIE MAE) AND THE FEDERAL provides that certain loan-level Notice 07/00/04 HOME LOAN MORTGAGE mortgage data submitted by the Federal Regulatory Flexibility Analysis CORPORATION (FREDDIE MAC) National Mortgage Association (Fannie Required: No (FR–4796) Mae, Government-Sponsored Small Entities Affected: No Priority: Other Significant Enterprise, or GSE) and the Federal Home Loan Mortgage Corporation Government Levels Affected: None Legal Authority: 12 USC 1451 et seq; (Freddie Mac, Government-Sponsored Agency Contact: Sandra Fostek, 12 USC 1716 to 1723i; 12 USC 4501 Enterprise, or GSE) to HUD will be Director, Office of Government to 4641; 28 USC 2461 note; 42 USC reclassified from proprietary to non- Sponsored Enterprise Oversight, 3535(d); 42 USC 3601 to 3619 proprietary and made available to the Department of Housing and Urban public. Development, Office of Housing CFR Citation: 24 CFR 81 Phone: 202 708–2224 Legal Deadline: None RIN: 2502–AH96

Department of Housing and Urban Development (HUD) Proposed Rule Stage Office of Housing (OH)

1413. SINGLE FAMILY MORTGAGE: 12 USC 1709(s); 12 USC 1715(b); 12 Abstract: The rule would allow the LENDER COMPLIANCE AND USC 1735; 12 USC 1735(f)–14; 42 USC Department to be more restrictive as to ACCOUNTABILITY (FR–4761) 3535(d) who can be an owner or officer of an FHA-approved lending entity, better Priority: Other Significant CFR Citation: 24 CFR 25; 24 CFR 202 hold the owners and principal officers Legal Authority: 12 USC 1703; 12 USC Legal Deadline: None and loan officers accountable for 1708(c); 12 USC 1708 (d); 12 USC 1709; noncompliance, clarify duties and

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HUD—OH Proposed Rule Stage

responsibilities of all parties involved 1415. DUTIES AND RESPONSIBILITIES the administrative efficiency of the in the loan origination process, and OF LOAN CORRESPONDENTS AND Single Family Mortgage Insurance update FHA’s lender requirements to SPONSORS (FR–4762) Program. reflect current operating practices in Priority: Other Significant the mortgage industry. Timetable: Legal Authority: 12 USC 1703, 1709, Action Date FR Cite Timetable: 1710; 12 USC 1715b; 12 USC 1715y; Action Date FR Cite 42 USC 3535(d) NPRM 01/00/05 NPRM 10/00/04 CFR Citation: 24 CFR 202.2; 24 CFR Regulatory Flexibility Analysis 202.8(b)(7); 24 CFR 207.255(b) (11) Regulatory Flexibility Analysis Required: No Required: No Legal Deadline: None Small Entities Affected: No Small Entities Affected: No Abstract: This rule would describe the duties and responsibilities of FHA- Government Levels Affected: None Government Levels Affected: None approved loan correspondents and Agency Contact: Phillip A. Murray, sponsors. The Department believes it Agency Contact: Joseph McCloskey, Director, Office of Lender Activities necessary to delineate clearly the Director, Office of Single Family Asset and Program Compliance, Department different responsibilities and duties of Management, Department of Housing of Housing and Urban Development, loan correspondents and sponsors to and Urban Development, Office of Office of Housing, P3214, 451 7th ensure compliance with FHA program Housing Street SW., Washington, DC 20410 requirements. The rule also would Phone: 202 708–1672 Phone: 202 708–1515 define the terms ‘‘origination’’ and ‘‘underwriting.’’ RIN: 2502–AI03 RIN: 2502–AH87 Timetable: 1417. STATE INSTALLATION Action Date FR Cite 1414. HUD MULTIFAMILY RENTAL REQUIREMENTS (FR–4877) AND HEALTH CARE FACILITY NPRM 12/00/04 CLOSING DOCUMENTS (FR–4883) Priority: Regulatory Flexibility Analysis Other Significant Priority: Other Significant Required: No Legal Authority: 12 USC 1709; 12 USC Legal Authority: 12 USC 1702 to Small Entities Affected: No 1710; 12 USC 1715b; 12 USC 1715u; 42 USC 3535(d) 1715z–21; 42 USC 3535(d) Government Levels Affected: None CFR Citation: 24 CFR 200 Agency Contact: Phillip A. Murray, CFR Citation: 24 CFR 203.47f Legal Deadline: None Director, Office of Lender Activities Legal Deadline: and Program Compliance, Department None Abstract: This rule would amend of Housing and Urban Development, certain Federal Housing Administration Abstract: This rule would make Office of Housing, P3214, 451 7th (FHA) regulations to update these manufactured homes installed to state Street SW., Washington, DC 20410 regulations to reflect current HUD established permanent installation Phone: 202 708–1515 policy in the area of multifamily rental requirements and manufacturer- projects and health care facilities. In RIN: 2502–AH90 approved permanent foundation developing a set of comprehensive requirements eligible for FHA mortgage insurance when accompanied by an documents for use in the FHA mortgage 1416. REVISIONS TO THE SINGLE programs for multifamily rental projects engineer’s certification that the FAMILY MORTGAGE INSURANCE dwelling was installed in accordance and health care facilities (excluding PROGRAM (FR–4831) hospitals), HUD identified outdated with the respective requirements. language and policies that not only Priority: Other Significant Timetable: needed to be changed in closing Legal Authority: 12 USC 1709; 12 USC documents but in HUD’s regulations. 1710; 12 USC 1715b; 12 USC 1715u; Action Date FR Cite Timetable: 42 USC 3535(d) NPRM 10/00/04 Action Date FR Cite CFR Citation: 24 CFR 203 Regulatory Flexibility Analysis Legal Deadline: NPRM 07/00/04 None Required: No Abstract: In response to a statutory Regulatory Flexibility Analysis Small Entities Affected: No Required: No change, this rule would revise certain regulations under the Single Family Government Levels Affected: None Small Entities Affected: No Mortgage Insurance Program that Government Levels Affected: None govern actions by mortgagees with Agency Contact: Maynard Curry, respect to mortgages in default. The Agency Contact: Gains E. Hopkins, Office of Insured Single Family rule also would amend other Housing, Department of Housing and Office of General Counsel, Department regulations under the Program to make of Housing and Urban Development Urban Development, Office of Housing them consistent with industry Phone: 202 708–2676 Phone: 202 708–4090 practices. The Department believes that RIN: 2502–AI11 these changes would help to increase RIN: 2502–AI07

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HUD—OH Proposed Rule Stage

1418. • NOTICE OF DEFAULT on the mortgagor’s property. The Agency Contact: Joanne Edwards, REPORTING (FR–4916) amendment authorizes the waiver of Housing Program Specialist, Priority: Other Significant the MIP only with respect to a home Department of Housing and Urban equity conversion mortgage (HECM) Development, Office of Housing Legal Authority: 12 USC 1709; 12 USC under which the total amount of all Phone: 202 708–0317 1710; 12 USC 1715b; 12 USC 1715u; future payments to the mortgagor will RIN: 2502–AH99 42 USC 3535(d) be used for costs of a qualified long- CFR Citation: 24 CF 203 term care insurance contract that covers 1421. COMPETITIVE SALES Legal Deadline: None the mortgagor or members of the household residing in the property that PROCEDURES—OWNER–OCCUPANT Abstract: This rule revises the is subject to the mortgage. PRIORITY OVER NONPROFIT regulations under the single family Timetable: ORGANIZATIONS (FR–4858) mortgage insurance program that Priority: Other Significant require mortgagees to report the status Action Date FR Cite Legal Authority: 12 USC 1701 et seq; of all single family mortgages insured NPRM 10/00/04 by HUD that are in default after 60 days 42 USC 1441 to 1441a; 42 USC 1551a; or that are 90 or more days delinquent, Regulatory Flexibility Analysis 42 USC 3535(d) Required: No as applicable. The revised rule would CFR Citation: 24 CFR 291 require mortgagees to report mortgages Government Levels Affected: None Legal Deadline: None that are 30 or more days delinquent. Agency Contact: Vance Morris, Abstract: This rule would be a The Department believes that the Director, Office of Single Family complete rewrite of existing rules to revised rule would, among other things, Program Development, Department of more accurately reflect the sales provide HUD with more recent Housing and Urban Development, procedures under the new management delinquency information. The receipt of Office of Housing and marketing environment. more up-to-date-information will enable Phone: 202 708–2121 HUD to monitor better its loss Timetable: mitigation program and strengthen the RIN: 2502–AI04 soundness of the Federal Housing Action Date FR Cite Authority (FHA) mortgage insurance 1420. HOUSING COUNSELING NPRM 01/00/05 fund. PROGRAM (FR–4798) Regulatory Flexibility Analysis Timetable: Priority: Other Significant Required: No Action Date FR Cite Legal Authority: 12 USC 1701; 42 USC Small Entities Affected: No NPRM 12/00/04 3535(d) Government Levels Affected: None Regulatory Flexibility Analysis CFR Citation: 24 CFR 214 Agency Contact: James C. Everett, Required: No Legal Deadline: None Office of the Deputy Assistant Secretary for Single Family Housing, Department Small Entities Affected: No Abstract: This rule would establish of Housing and Urban Development, regulations for the Department’s Government Levels Affected: None Office of Housing housing counseling program, as Agency Contact: Joseph McCloskey, Phone: 202 708–1672 authorized by the Housing and Urban Director, Office of Single Family Asset Development Act of 1968, and for RIN: 2502–AI05 Management, Department of Housing which, the past several years, notices and Urban Development, Office of of funding availability are issued on an Housing, Room 9172 1422. DISCIPLINARY ACTIONS annual basis. Establishment of Phone: 202 708–1672 AGAINST HUD–QUALIFIED REAL regulations would assist homeowners ESTATE BROKERS (FR–4871) RIN: 2502–AI20 and tenants in improving their housing conditions and in meeting the Priority: Other Significant 1419. HOME EQUITY CONVERSION responsibilities of homeownership and Legal Authority: 12 USC 1701 et seq; MORTGAGES (HECM): LONG–TERM tenancy. This rule would adopt, 42 USC 1441 to 1441a; 42 USC 1551a; CARE INSURANCE (FR–4857) without substantive change, the 42 USC 3535(d) housing counseling program CFR Citation: 24 CFR 291 Priority: Other Significant requirements with which grantees and Legal Authority: 12 USC 1715b; 12 housing counseling agencies are already Legal Deadline: None USC 1715z to 1720; 42 USC 3535(d) familiar. Abstract: The purpose of this rule is CFR Citation: 24 CFR 206 Timetable: to address real estate broker participation in predatory lending Action Date FR Cite Legal Deadline: None practices targeted at Federal Housing Abstract: This rule would implement NPRM 08/00/04 Administration (FHA) borrowers. This a statutory amendment to the National Regulatory Flexibility Analysis rule includes measures to prevent Housing Act that waives payment by Required: No property ‘‘flipping,’’ inflated appraisals, a mortgagor of the up-front mortgage falsified gift letters, and fraudulent insurance premium (MIP) payable at Small Entities Affected: No underwriting. This rule is similar to the time of insurance of the mortgage Government Levels Affected: None other removal rules for appraisers, 203k

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HUD—OH Proposed Rule Stage

consultants, and nonprofits. (Each has Phone: 202 708–2625 Regulatory Flexibility Analysis a separate approval/removal rule.) It RIN: 2502–AI14 Required: No allows HUD to have a shortened Small Entities Affected: No procedure for real estate brokers than 24 CFR part 24 Suspension and 1424. • ONE DOLLAR HOME SALES Government Levels Affected: None Debarment procedures. TO LOCAL GOVERNMENTS (FR 4862) Agency Contact: Willie Spearmon, Timetable: Priority: Other Significant Director, Office of Housing Assistance and Grant Administration, Department Legal Authority: 12 USC 1710; 42 USC Action Date FR Cite of Housing and Urban Development, 3535(d) NPRM 07/00/04 Office of Housing CFR Citation: 24 CFR 291 Phone: 202 708–3000 Regulatory Flexibility Analysis Legal Deadline: Required: No None RIN: 2502–AH52 Abstract: This program allows Small Entities Affected: No properties, which have been offered to 1426. MARK–TO–MARKET PROGRAM Government Levels Affected: None the public for sale for six or more AMENDMENTS (FR–4751) Agency Contact: months and are not presently under a Wanda Sampedro, Priority: Other Significant Deputy Director, Asset Management sales contract, to be removed from the Division, Department of Housing and market and offered exclusively to local Legal Authority: PL 107–116, title VI Urban Development, Office of Housing governments for $1 plus closing costs. CFR Citation: 24 CFR 200; 24 CFR 401 Phone: 202 708–1672 Timetable: Legal Deadline: None RIN: 2502–AI08 Action Date FR Cite Abstract: This rule would make NPRM 01/00/05 conforming changes to the mark-to- 1423. ACCELERATED CLAIMS AND Regulatory Flexibility Analysis market regulations as necessary to fully ASSET DISPOSITION PROGRAM Required: No implement the Mark-to-Market Program (FR–4887) Extension Act of 2001, enacted as title Small Entities Affected: No VI of Pub. L. 107-116. Priority: Other Significant Government Levels Affected: None Timetable: Legal Authority: 12 USC 1701 et seq; Agency Contact: James C. Everett, Action Date FR Cite 42 USC 1441; 42 USC 1441a; 42 USC Office of the Deputy Assistant Secretary 1551a; 42 USC 3535(d) for Single Family Housing, Department NPRM 09/00/04 CFR Citation: 24 CFR 291 of Housing and Urban Development, Regulatory Flexibility Analysis Legal Deadline: None Office of Housing Required: No Phone: 202 708–1672 Abstract: This rule would codify the Small Entities Affected: No RIN: 2502–AI15 requirements for HUD’s successful Government Levels Affected: None Accelerated Claim Disposition (ACD) Agency Contact: Marilyn E. Carlson, demonstration, making it a permanent 1425. DISTRIBUTIONS TO NONPROFIT Senior Advisor – FHA, Office of part of HUD’s single family property OWNERS OF CERTAIN Multifamily Housing Asset disposition program. Under the HUD–ASSISTED MULTIFAMILY Restructuring, Department of Housing codified ACD Program, HUD will pay RENTAL PROJECTS (FR–4602) and Urban Development, Office of accelerated claims upon assignment of Priority: Other Significant Housing certain defaulted mortgage loans Phone: 202 708–0001 insured by the Federal Housing Legal Authority: 12 USC 1710 to 1715 RIN: Administration (FHA). The new CFR Citation: 24 CFR 880; 24 CFR 881; 2502–AH86 program will better assist FHA 24 CFR 883 homeowners to avoid foreclosure and Legal Deadline: None 1427. • HOSPITAL MORTGAGE to maximize the value of assets INSURANCE PROGRAM (FR–4927) disposed by HUD. Abstract: This rule adds an exception to HUD’s current Section 8 regulations Priority: Other Significant Timetable: that prohibit any distributions to Legal Authority: 12 USC 1715b; 12 Action Date FR Cite nonprofit owners of projects receiving USC 1715n(I); 12 USC 1715z to 7; 42 project-based assistance. HUD may now NPRM 12/00/04 USC 3535(d) permit distributions of surplus cash to CFR Citation: 24 CFR 200; 24 CFR 242 Regulatory Flexibility Analysis owners of projects with expiring Required: No Section 8 project-based assistance Legal Deadline: None Small Entities Affected: Businesses contracts who agree to renew their Abstract: This rule would revise the contracts, if distributions are necessary Department’s regulations governing the Government Levels Affected: None to ensure continued participation of the insurance of mortgages on hospitals. Agency Contact: Kathleen Malone, owners in the Section 8 program. The revision adds new requirements to Director, Asset Sales Staff, Office of Timetable: the regulations to reflect statutory Finance and Budget, Department of changes and changes in business Housing and Urban Development, Action Date FR Cite practices with respect to the Office of Housing NPRM 09/00/04 construction and operation of hospitals.

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HUD—OH Proposed Rule Stage

Timetable: CFR Citation: 24 CFR 203 single family homes or mortgages that Action Date FR Cite Legal Deadline: None become available in that area for a time frame specified by the contract. By NPRM 09/00/04 Abstract: This regulation would require statute, these purchasers are to be given Regulatory Flexibility Analysis all FHA approved mortgagees and Loan preference. The entities would then Required: No Correspondents to have in place and make available the assets pursuant to implement a Quality Control Plan for a HUD-approved plan to encourage Small Entities Affected: No the origination and/or servicing of FHA homeownership and revitalize the area. Government Levels Affected: None insured mortgages. The Quality Control Plan would have to contain a due Timetable: Agency Contact: Christopher Boesen, diligence procedure to evaluate whole Action Date FR Cite Office of Insured Health Care Facilities, loans or servicing rights purchases. The Department of Housing and Urban NPRM 08/00/04 due diligence would also include Development, Office of Housing specific procedures for reviewing the Regulatory Flexibility Analysis Phone: 202 708–0599 source of the loans and require an Required: No RIN: 2502–AI22 analysis of portfolio risk through a loan Small Entities Affected: No level review and sampling Government Levels Affected: None 1428. HOME EQUITY CONVERSION methodology. Appropriate actions if a loan or a percentage of loans is not in Agency Contact: Ivery Himes, Asset MORTGAGES (HECM): COOPERATIVE Control Program Manager, Office of HOUSING DEVELOPMENTS (FR–4777) compliance with FHA requirements would also be required. Asset Management, Single Family Priority: Other Significant Housing, Department of Housing and Timetable: Legal Authority: 12 USC 1715b; 12 Urban Development, Office of Housing USC 1715z to 1720; 42 USC 3535(d) Action Date FR Cite Phone: 202 708–1672 CFR Citation: 24 CFR 203; 24 CFR 206 NPRM 01/00/05 RIN: 2502–AH40 Legal Deadline: None Regulatory Flexibility Analysis Required: No 1431. DISPOSITION OF Abstract: This rule would expand the Small Entities Affected: No HUD–ACQUIRED SINGLE FAMILY Home Equity Conversion Mortgage PROPERTY: OFFICER/TEACHER NEXT (HECM) program to cover approved Government Levels Affected: None DOOR SALES PROGRAMS (FR–4712) cooperative housing developments. The Agency Contact: Joseph McCloskey, rule would implement an amendment Priority: Other Significant Director, Office of Single Family Asset to the National Housing Act that Management, Department of Housing Legal Authority: 12 USC 1701 et seq; authorizes HUD to insure HECM and Urban Development, Office of 42 USC 1441; 42 USC 1441a; 42 USC mortgages in cooperative housing Housing 1551a; 42 USC 3535(d) developments. The expansion of the Phone: 202 708–1672 CFR Citation: 24 CFR 291 HECM program, in the Department’s view, would contribute to the effort to RIN: 2502–AI02 Legal Deadline: None broaden reverse mortgage financing Abstract: This rule codifies the policies opportunities for elderly homeowners. 1430. DISPOSITION OF HUD–OWNED and procedures concerning the Teacher Timetable: SINGLE FAMILY ASSETS IN ASSET Next Door (TND) Sales Program. The CONTROL AREAS (FR–4471) TND Sales Program has been operating Action Date FR Cite since December 7, 1999, as a temporary NPRM 12/00/04 Priority: Other Significant program. This rule establishes the TND Regulatory Flexibility Analysis Legal Authority: 12 USC 1710(h); 42 Sales Program as a permanent part of Required: No USC 3535(d) HUD’s single family property CFR Citation: 24 CFR 291 disposition program. Through the TND Small Entities Affected: No Sales Program, HUD makes HUD- Government Levels Affected: None Legal Deadline: None acquired single family properties available to eligible teachers for Agency Contact: Vance Morris, Abstract: This rule would implement purchase at a discount from the list Director, Office of Single Family a new program to make available HUD- price. The TND Sales Program is Program Development, Department of held single family assets for sale to closely modelled after HUD’s Officer Housing and Urban Development, governmental organizations and Next Door (OND) Sales Program, which Office of Housing nonprofits for use in homeownership provides the same benefits to eligible Phone: 202 708–2121 programs to revitalize certain areas. Under the new program, HUD would law enforcement officers. In addition to RIN: 2502–AH89 identify revitalization areas by applying codifying the TND Sales Program, the specified economic and housing rule would also clarify and revise 1429. DUE DILIGENCE/QUALITY criteria. Eligible purchasers, that is, certain requirements applicable to both CONTROL PLANS (FR–4846) units of general local government and the OND and TND Sales Programs. nonprofit organizations, may establish Timetable: Priority: Other Significant an Asset Control Area within a Legal Authority: 12 USC 1709(b); 12 revitalization area and commit by Action Date FR Cite USC 1715b; 42 USC 3535(d) contract to purchase all HUD-owned NPRM 12/00/04

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HUD—OH Proposed Rule Stage

Regulatory Flexibility Analysis Phone: 202 708–6401 September 11, 1998, together with Required: No RIN: 2502–AH97 interim part 401, which established the Small Entities Affected: Governmental mark-to-market program. Subsequently Jurisdictions, Organizations HUD decided to separate the two parts 1433. MANUFACTURED HOUSING and publish final part 401 separately, Government Levels Affected: Local, DISPUTE RESOLUTION PROGRAM although the current rule makes minor State, Tribal (FR–4813) conforming amendments to part 401 as Agency Contact: Joseph McCloskey, Priority: Other Significant well. Final part 402 will set forth the Director, Office of Single Family Asset regulations governing the renewal of Legal Authority: 42 USC 3535(d); 42 expiring Section 8 project-based Management, Department of Housing USC 5401 et seq and Urban Development, Office of assistance contracts, whether the Housing, Room 9172 CFR Citation: 24 CFR 3286 project’s rents are above or below Phone: 202 708–1672 Legal Deadline: Final, Statutory, market, except for renewals made as part of a mark-to-market restructuring RIN: 2502–AH72 December 27, 2005, Program to be established not later than 5 years after plan under part 401. enactment of P.L. 106–569. Timetable: 1432. MANUFACTURED HOUSING Abstract: Under the Manufactured Action Date FR Cite INSTALLATION PROGRAM (FR–4812) Housing Improvement Act, HUD is Proposed Rule 09/00/04 Priority: Other Significant. Major status required to establish a program for the Interim Final Rule 09/00/04 under 5 USC 801 is undetermined. timely resolution of disputes among Regulatory Flexibility Analysis Unfunded Mandates: Undetermined manufacturers, retailers, and installers of manufactured homes regarding Required: No Legal Authority: 42 USC 3535(d); 42 responsibility for defects in Small Entities Affected: No USC 5401 et seq manufactured homes, and is also Government Levels Affected: None CFR Citation: 24 CFR 3285 required to establish a paragraph for the issuance of appropriate orders for the Agency Contact: Willie Spearmon, Legal Deadline: Final, Statutory, correction or repair of defects in Director, Office of Housing Assistance December 27, 2005, Program to be manufactured homes. and Grant Administration, Department established not later than 5 years after of Housing and Urban Development, enactment of P.L. 106–569. Timetable: Office of Housing Abstract: By December 2005, HUD is Action Date FR Cite Phone: 202 708–3000 required under the Manufactured ANPRM 03/10/03 68 FR 11452 RIN: 2502–AH47 Housing Improvement Act to establish ANPRM Comment 04/24/03 Period End and implement an installation program 1435. • MANUFACTURED HOME NPRM 07/00/04 that includes: (1) Installation standards; CONSTRUCTION AND SAFETY (2) the training and licensing of Regulatory Flexibility Analysis STANDARDS (FR–4886) manufactured home installers; and (3) Required: No inspection of the installation of Priority: Other Significant manufactured homes. HUD’s program Small Entities Affected: No Legal Authority: 42 USC 3535(d); 42 will be implemented in States that do Government Levels Affected: None USC 5403; 42 USC 5424 not have their own qualifying Agency Contact: William W. CFR Citation: 24 CFR 3280 installation program. Matchneer III, Administrator, Office of Legal Deadline: NPRM, Statutory, To Timetable: Manufactured Housing Programs, be published within 30 days of receipt Action Date FR Cite Department of Housing and Urban from MHCC. Development, Office of Housing ANPRM 03/10/03 68 FR 11448 Phone: 202 708–6401 Abstract: This rule would amend the ANPRM Comment 04/24/03 Federal Manufactured Home Period End RIN: 2502–AH98 Construction and Safety Standards (the NPRM 10/00/04 Standards) by adopting Regulatory Flexibility Analysis 1434. RENEWAL OF EXPIRING recommendations made to the Secretary Required: Undetermined SECTION 8 PROJECT–BASED by the Manufactured Home Consensus ASSISTANCE CONTRACTS (FR–4551) Committee (MHCC). The Manufactured Small Entities Affected: Businesses, Housing Improvement Act of 2000 Governmental Jurisdictions Priority: Other Significant (Improvement Act) requires the Government Levels Affected: Legal Authority: 12 USC 1715z–1; 12 Secretary to cause to have published Undetermined USC 1735f–19(b); 42 USC 1437f (c)(8); in the Federal Register any proposed 42 USC 1437f(t) ; 42 USC 3535(d); 42 revised Standard submitted by the Federalism: Undetermined USC 1437f note; . . . MHCC within 30 calender days after Agency Contact: William W. CFR Citation: 24 CFR 401; 24 CFR 402 receipt. Matchneer III, Administrator, Office of Timetable: Manufactured Housing Programs, Legal Deadline: None Department of Housing and Urban Abstract: This rule will revise interim Action Date FR Cite Development, Office of Housing part 402, which was published on NPRM 07/00/04

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HUD—OH Proposed Rule Stage

Regulatory Flexibility Analysis Timetable: Abstract: This rule outlines the process Required: No Action Date FR Cite for implementing quality control on Small Entities Affected: No FHA-insured multifamily housing loans NPRM 08/00/04 processed using multifamily accelerated Government Levels Affected: None Regulatory Flexibility Analysis processing (MAP). It includes the Agency Contact: William W. Required: No various controls available for HUD Matchneer III, Administrator, Office of when corrective action is necessary, Small Entities Affected: No Manufactured Housing Programs, including warning letters, limited Department of Housing and Urban Government Levels Affected: None denial of participation, MAP probation, MAP suspension, termination of MAP Development, Office of Housing Agency Contact: William W. privileges, and the role of the MAP Phone: 202 708–6401 Matchneer III, Administrator, Office of lender review board. RIN: 2502–AI12 Manufactured Housing Programs, Department of Housing and Urban Timetable: Development, Office of Housing Action Date FR Cite 1436. MANUFACTURED HOUSING Phone: 202 708–6401 ON–SITE CONSTRUCTION (FR–4885) NPRM 12/00/04 RIN: 2502–AI13 Priority: Other Significant. Major status Regulatory Flexibility Analysis under 5 USC 801 is undetermined. Required: No 1437. HUD MULTIFAMILY Legal Authority: 42 USC 3535(d) ACCELERATED PROCESSING Small Entities Affected: No CFR Citation: 24 CFR 3282 QUALITY ASSURANCE Government Levels Affected: None Legal Deadline: None ENFORCEMENT (FR–4836) Agency Contact: Michael McCullough, Abstract: This rule would allow Priority: Other Significant Director, Office of Multifamily limited on-site completion of new Legal Authority: 12 USC 1701 et seq; Development, Department of Housing manufactured homes without requiring, 42 USC 3535(d) and Urban Development, Office of under certain circumstances, CFR Citation: Housing manufacturers to obtain alternate 24 CFR 207; 24 CFR 220; Phone: 202 708–1142 construction approvals under the 24 CFR 221; 24 CFR 232 current regulations. Legal Deadline: None RIN: 2502–AI01

Department of Housing and Urban Development (HUD) Final Rule Stage Office of Housing (OH)

1438. SECTION 223F SUPPLEMENTAL Regulatory Flexibility Analysis HUD’s Multifamily Housing Programs COST CERTIFICATION (FR–4793) Required: No have a history of carrying out their past Priority: Other Significant Small Entities Affected: No financial, legal, and administrative obligations in a satisfactory and timely Legal Authority: 12 USC 1701 to Government Levels Affected: None manner. This revision to 24 CFR 1715z–20 Agency Contact: Michael McCullough, 200.217(a) sets the effective date when CFR Citation: 24 CFR 200 Director, Office of Multifamily all participants will be required to file Development, Department of Housing their Previous Participation Certificates Legal Deadline: None and Urban Development, Office of via HUD’s secure Internet site into the Abstract: This regulation will eliminate Housing Active Partner Performance System the supplemental cost certification Phone: 202 708–1142 webapplication. requirement for FHA loans insured RIN: 2502–AH93 Timetable: pursuant to section 223f where repairs Action Date FR Cite are required after endorsement of the loan. This change will eliminate an 1439. REVISED GUIDELINES FOR NPRM 04/19/04 69 FR 21035 unnecessary burden to the public. At PREVIOUS PARTICIPATION NPRM Comment 05/19/04 closing/endorsement, an escrow is CERTIFICATION (FR–4870) Period End established sufficient to complete all Priority: Substantive, Nonsignificant. Final Action 12/00/04 repairs, and inspection of repairs is Major status under 5 USC 801 is Regulatory Flexibility Analysis required. Once repairs are completed, undetermined. Required: No the balance of escrow is returned to the Legal Authority: 12 USC 1702 to 1715 Government Levels Affected: None owner by the mortgagee. If repairs are 2–21; 42 USC 3535(d) not completed, the mortgagee uses the Agency Contact: William Hill, Director CFR Citation: balance of escrow. 24 CFR 200 of Policy and Participations Standards Legal Deadline: None Division, Department of Housing and Timetable: Abstract: The purpose of the Previous Urban Development, Office of Housing Action Date FR Cite Participation Certification process is to Phone: 202 708–0614 Interim Final Rule 10/00/04 assure that prospective participants in RIN: 2502–AI10

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HUD—OH Final Rule Stage

1440. ELIGIBILITY OF MORTGAGES these acquired properties; and (2) Phone: 202 708–3944 ON HAWAIIAN HOMELANDS INSURED properties that are acquired through RIN: 2502–AH68 UNDER SECTION 247 (FR–4779) inheritance. Priority: Other Significant Timetable: 1443. NONPROFIT ORGANIZATION Legal Authority: 12 USC 1709; 12 USC Action Date FR Cite PARTICIPATION IN FHA SINGLE 1710; 12 USC 1715b; 12 USC 1715u; Final Action 08/00/04 FAMILY MORTGAGE INSURANCE 42 USC 3535(d) PROGRAMS (FR–4702) Regulatory Flexibility Analysis CFR Citation: 24 CFR 203 Required: No Priority: Other Significant Legal Deadline: None Small Entities Affected: No Legal Authority: 12 USC 1709; 42 USC Abstract: This rule would amend the 3535(d) Government Levels Affected: None regulations that define the terms CFR Citation: 24 CFR 200; 24 CFR 203; ‘‘native Hawaiian’’ and ‘‘eligibility of Agency Contact: Vance Morris, 24 CFR 291 mortgagor’’ to conform them to the Director, Office of Single Family revised definitions enacted by a recent Program Development, Department of Legal Deadline: None statutory change to the National Housing and Urban Development, Abstract: This rule limits the time Housing Act. Office of Housing period that a nonprofit may have in its Timetable: Phone: 202 708–2121 portfolio at any time 10 or more single RIN: 2502–AI18 family properties that have been Action Date FR Cite acquired in any one fiscal year with Interim Final Rule 07/00/04 FHA insured mortgages; prohibits 1442. SECTION 236 EXCESS RENTAL nonprofits from obtaining FHA Regulatory Flexibility Analysis CHARGES (FR–4689) insurance for single family properties Required: No Priority: Other Significant with more than two living units; and Small Entities Affected: No requires participating nonprofits to Legal Authority: 12 USC 1715z–1; 42 Government Levels Affected: None provide evidence of two years of IRS USC 3535(d) 501(c) status and two consecutive years Agency Contact: Vance Morris, CFR Citation: 24 CFR 236 of housing development experience Director, Office of Single Family within the previous five years. Program Development, Department of Legal Deadline: None Housing and Urban Development, Abstract: This rule would establish the Timetable: Office of Housing terms and conditions to permit owners Action Date FR Cite Phone: 202 708–2121 of projects receiving section 236 rental NPRM 02/13/04 69 FR 7324 RIN: 2502–AH92 assistance to participate in retaining NPRM Comment 04/13/04 some or all of their excess charges for Period End project use. In addition, it would Final Action 09/00/04 1441. • AMENDMENTS TO permit owners to retain excess charges PROHIBITION OF PROPERTY for non-project use after a Regulatory Flexibility Analysis FLIPPING IN HUD’S SINGLE FAMILY determination by HUD that the project Required: No MORTGAGE INSURANCE PROGRAMS is well maintained housing in good Small Entities Affected: Organizations (FR–4911) condition and that the owner has not Government Levels Affected: None Priority: Other Significant engaged in material adverse financial or managerial actions or omissions. This Agency Contact: Margaret Burns, Legal Authority: 12 USC 1709; 12 USC rule follows publication of an August Director, Program Support Division, 1710; 12 USC 1715b; 12 USC 1715u; 12, 2002, proposed rule and takes into Department of Housing and Urban 42 USC 3535(d) consideration the public comments on Development, Office of Housing CFR Citation: 24 CFR 203 the proposed rule. Phone: 202 708–0317 Legal Deadline: None Timetable: RIN: 2502–AH71 Abstract: HUD’s regulations addressing Action Date FR Cite the predatory practice of property 1444. DISTRIBUTION OF TAX CREDIT NPRM 08/12/02 67 FR 52526 ‘‘flipping’’ establish certain time PROCEEDS (FR–4792) restrictions regarding the re-sale of NPRM Comment 10/11/02 Period End Priority: Other Significant properties whose purchase is being Final Action 07/00/04 financed with Federal Housing Legal Authority: 12 USC 1702 to Administration (FHA) mortgage Regulatory Flexibility Analysis 1715z–21; 42 USC 3535(d) insurance. The regulations include an Required: No CFR Citation: 24 CFR 200 exception from the time restrictions for Small Entities Affected: No properties acquired and subsequently Legal Deadline: None sold by FHA. This final rule broadens Government Levels Affected: None Abstract: This rule amends 24 CFR the exception to include: (1) all other Agency Contact: Janice Nimmer, 200.54(b) to provide that low-income Federal agencies that acquire properties Housing Project Manager, Department housing tax credit syndication proceeds as a result of a function of their of Housing and Urban Development, and historic tax credit syndication programs and quickly market and sell Office of Housing proceeds will be treated in the same

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HUD—OH Final Rule Stage

manner as funds provided by a grant Timetable: 1447. UP–FRONT MORTGAGE or loan from a Federal, State, or local INSURANCE PREMIUMS FOR LOANS Action Date FR Cite government agency or instrumentality INSURED UNDER 24 CFR 203(K) AND to the extent that these proceeds do not NPRM 04/01/03 68 FR 15906 234(C) OF THE NATIONAL HOUSING have to be fully disbursed before the NPRM Comment 06/02/03 ACT (FR–4749) Period End disbursement of mortgage proceeds. Priority: Economically Significant Timetable: Final Action 09/00/04 Legal Authority: 12 USC 1709(c); 42 Action Date FR Cite Regulatory Flexibility Analysis USC 3535(d) Required: Interim Final Rule 07/30/03 68 FR 44844 No CFR Citation: 24 CFR 203 Interim Final Rule 08/29/03 Small Entities Affected: No Legal Deadline: Effective None Interim Final Rule 09/29/03 Government Levels Affected: None Abstract: This rule amends 24 CFR Comment Period part 203 to require an up-front payment End Agency Contact: Phillip A. Murray, at the beginning of the loan of the Final Action 09/00/04 Director, Office of Lender Activities insurance premium for loans insured Regulatory Flexibility Analysis and Program Compliance, Department under sections 203(k) and 234(c) of the Required: No of Housing and Urban Development, National Housing Act. Formerly, these loans required only monthly premium Small Entities Affected: No Office of Housing, P3214, 451 7th Street SW., Washington, DC 20410 payments. Government Levels Affected: None Phone: 202 708–1515 Timetable: Agency Contact: Michael McCullough, Director, Office of Multifamily RIN: 2502–AH60 Action Date FR Cite Development, Department of Housing NPRM 10/07/03 68 FR 58006 and Urban Development, Office of 1446. UPFRONT MORTGAGE NPRM Comment 12/08/03 Housing INSURANCE PREMIUMS: Period End Phone: 202 708–1142 REMITTANCE REQUIREMENTS Final Action 08/00/04 RIN: 2502–AH91 (FR–4690) Regulatory Flexibility Analysis Required: No Priority: Other Significant 1445. REVISIONS TO FHA CREDIT Small Entities Affected: No WATCH TERMINATION INITIATIVE Legal Authority: 42 USC 3535(d); 12 Government Levels Affected: None (FR–4625) USC 1709 Agency Contact: James Beavers, Priority: Other Significant CFR Citation: 24 CFR 203 Deputy Director, Office of Single Legal Authority: 12 USC 1703; 12 USC Family Program Development, 1709; 12 USC 1715b; 42 USC 3535(d) Legal Deadline: None Department of Housing and Urban Development, Office of Housing CFR Citation: 24 CFR 202 Abstract: This rule will change the Phone: 202 708–2121 Legal Deadline: None remittance period of mortgage RIN: 2502–AH82 Abstract: This rule would make several insurance premiums. The rule will also amendments to HUD’s regulations for implement a more precise definition of the Federal Housing Administration when the remittance period begins. 1448. FHA TOTAL MORTGAGE (FHA) Credit Watch Termination Timetable: SCORECARD (FR–4835) Initiative. Under the Credit Watch Priority: Other Significant Termination Initiative, HUD identifies Action Date FR Cite Legal Authority: 12 USC 1709; 12 USC mortgagees with unsatisfactory NPRM 08/21/02 67 FR 54312 1710; 12 USC 1715b; 12 USC 1715u; performance levels and takes NPRM Comment 10/21/02 ameliorative action at an early stage. Period End 42 USC 3535(d) The rule states that mortgagees will be Final Rule 08/00/04 CFR Citation: 24 CFR 203 responsible for using HUD’s Electronic Legal Deadline: Neighborhood Watch Early Warning Regulatory Flexibility Analysis None System to monitor their performance. Required: No Abstract: This rule will codify policies Among other changes, the rule also and procedures that lenders and prohibits amortgagee that has received Small Entities Affected: No automated underwriting system a notice of proposed termination of its vendors must observe to use the FHA Government Levels Affected: None origination approval agreement from Technology Open To All Lenders establishing a new branch for the Agency Contact: Vance Morris, (TOTAL) mortgage scorecard. The origination of FHA-insured mortgages Director, Office of Single Family TOTAL scorecard assesses the in the lending area covered by the Program Development, Department of creditworthiness of prospective proposed termination. The rule follows Housing and Urban Development, borrowers by evaluating certain publication of an April 1, 2003, Office of Housing mortgage application and credit proposed rule, and takes into Phone: 202 708–2121 variables that have been statistically consideration the comments on the proven to accurately predict the proposed rule. RIN: 2502–AH67 likelihood of default on an FHA-

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HUD—OH Final Rule Stage

insured mortgage. Lenders using the specifically the initial mortgage value of their homes. This final rule TOTAL scorecard, in accordance with insurance premium (MIP) that may be follows publication of a January 13, instructions described in the rule, will charged on an HECM refinancing. 2003, proposed rule, and takes into be afforded certain relief from existing Timetable: consideration the public comments documentation and credit policy received on the proposed rule. After requirements. Action Date FR Cite careful review of the comments, HUD Timetable: NPRM 06/05/01 66 FR 30278 has decided to adopt the proposed rule NPRM Comment 07/05/01 with minor changes to the regulatory Action Date FR Cite Period End text. Interim Final Rule 11/21/03 68 FR 65824 Interim Final Rule 03/25/04 69 FR 15586 Timetable: Interim Final Rule 12/22/03 Interim Final Rule 04/26/04 Effective Effective Action Date FR Cite Interim Final Rule 01/20/04 Interim Final Rule 05/24/04 NPRM 01/13/03 68 FR 1766 Comment Period Comment Period NPRM Comment 03/14/03 End End Period End Final Action 12/00/04 Final Action 12/00/04 Final Action 07/00/04 Regulatory Flexibility Analysis Regulatory Flexibility Analysis Regulatory Flexibility Analysis Required: No Required: No Required: No Small Entities Affected: No Small Entities Affected: No Small Entities Affected: Businesses Government Levels Affected: None Government Levels Affected: None Government Levels Affected: None Agency Contact: Vance Morris, Agency Contact: Vance Morris, Agency Contact: Vance Morris, Director, Office of Single Family Director, Office of Single Family Director, Office of Single Family Program Development, Department of Program Development, Department of Program Development, Department of Housing and Urban Development, Housing and Urban Development, Housing and Urban Development, Office of Housing Office of Housing Office of Housing Phone: 202 708–2121 Phone: 202 708–2121 Phone: 202 708–2121 RIN: 2502–AI00 RIN: 2502–AH63 RIN: 2502–AH78

1449. INSURANCE FOR MORTGAGES 1450. LENDER ACCOUNTABILITY FOR 1451. MIXED FINANCE TO REFINANCE EXISTING HECMS APPRAISALS (FR–4722) DEVELOPMENT FOR SUPPORTIVE (FR–4667) Priority: Other Significant HOUSING FOR THE ELDERLY OR Priority: Other Significant PERSONS WITH DISABILITIES AND Legal Authority: 12 USC 1708 to 1710; OTHER CHANGES TO 24 CFR PART Legal Authority: 12 USC 1715b; 12 12 USC 1715b; 12 USC 1715u; 12 USC 891 (FR–4725) USC 1715z to 1720; 42 USC 3535(d) 1735f–14; 42 USC 3535(d) Priority: Other Significant CFR Citation: 24 CFR 206 CFR Citation: 24 CFR 25; 24 CFR 203 Legal Authority: PL 106–569, sec 831 Legal Deadline: None Legal Deadline: None to 834 (Am. Homeownership & Abstract: On June 5, 2001, HUD Abstract: This rule clarifies HUD’s Economic Opportunity Act of 2000) published a proposed rule to regulations concerning the CFR Citation: 24 CFR 891 implement certain statutory changes to responsibilities of lenders approved by the Home Equity Conversion Mortgage the Federal Housing Administration Legal Deadline: None (HECM) Program made by section 201 (FHA) with respect to appraisals on Abstract: This rule permits for-profit of the American Homeownership and properties that will be the security for limited partners to partner with a Economic Opportunity Act of 2000. FHA insured mortgages. The rule nonprofit general partner in developing The HECM Program enables older clarifies that lenders are accountable for assisted housing for elderly and homeowners to withdraw some of the the quality of appraisals on properties disabled using a mixed finance model, equity in their home in the form of securing FHA insured mortgages. The where HUD funding and non-Federal payments for life, a fixed term, or at rule specifically provides that lenders funding sources are combined in a intervals through a line of credit. The that submit appraisals to HUD that do single project. This rule would statutory changes include authorization not meet FHA requirements are subject implement this program, providing for to offer mortgage insurance for to the imposition of sanctions by the rules for the use of different funding refinancing of existing HECMs, and HUD Mortgagee Review Board. The rule sources, application procedures, providing consumers with safeguards applies to both sponsor lenders that procedures for the dispersal of funds, for such refinancing. This rule follows underwrite loans, and loan and other matters involved in program publication of the June 5, 2001, correspondent lenders that originate implementation. proposed rule, and takes into loans on behalf of their sponsors. The Timetable: consideration the public comments codification of this clarification is received on the proposed rule. In designed to ensure lenders are aware Action Date FR Cite addition, this rule requests comments of their responsibilities with respect to Interim Final Rule 12/01/03 68 FR 67316 on a provision that implements another appraisals, and homebuyers receive an Interim Final Rule 12/31/03 statutory change to the HECM program, accurate statement of the appraised Effective

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HUD—OH Final Rule Stage

Action Date FR Cite 1452. • MANUFACTURED HOUSING minimum payments to States upon PROGRAM: MINIMUM PAYMENTS TO their participation in production or Interim Final Rule 01/30/04 STATES (FR–4868) siting of new manufactured homes. Comment Period End Priority: Other Significant Timetable: Final Action 12/00/04 Legal Authority: 42 USC 3535(d); 42 Action Date FR Cite USC 5419; 42 USC 5424 Regulatory Flexibility Analysis NPRM 03/01/04 69 FR 9740 Required: No CFR Citation: 24 CFR 3284 NPRM Comment 03/31/04 Period End Legal Deadline: None Small Entities Affected: No Final Action 08/00/04 Abstract: This rule would revise the Regulatory Flexibility Analysis Government Levels Affected: None minimum payments to States approved Required: No as State Administrative Agencies under Agency Contact: Aretha Williams, the National Manufactured Housing Small Entities Affected: No Housing Project Manager, Department Construction and Safety Standards Act Government Levels Affected: None of Housing and Urban Development, of 1974 (Act), in order to provide for Office of Housing, Room 6142, a more equitable guarantee of minimum Agency Contact: William W. Washington, DC 20410 funding from the Department’s Matchneer III, Administrator, Office of Phone: 202 708–2866 appropriation for this program and to Manufactured Housing Programs, avoid the differing per-unit payments Department of Housing and Urban RIN: 2502–AH83 to the States that have occurred under Development, Office of Housing the present rule. This rule would Phone: 202 708–6401 amend 24 CFR 3284.10 to base the RIN: 2502–AI16

Department of Housing and Urban Development (HUD) Long-Term Actions Office of Housing (OH)

1453. RELEASE OF INFORMATION TO 1454. ESTABLISHMENT OF LOAN Timetable: TENANTS AND OTHER PARTIES OFFICER REGISTRY AND Action Date FR Cite PURSUANT TO MAHRA (FR–4531) ESTABLISHMENT OF SERVICING APPROVAL AGREEMENTS (FR–4764) NPRM 09/00/05 Priority: Other Significant Regulatory Flexibility Analysis Priority: Other Significant Legal Authority: 42 USC 1437f note Required: No Legal Authority: 12 USC 1703; 12 USC Government Levels Affected: None CFR Citation: 24 CFR 401 1709; 12 USC 1715b; 42 USC 3535(d) Agency Contact: Phillip A. Murray, Legal Deadline: None Director, Office of Lender Activities CFR Citation: 24 CFR 202 and Program Compliance, Department Abstract: The rule is designed to Legal Deadline: None of Housing and Urban Development, provide tenants and other interested Office of Housing, P3214, 451 7th parties with access to the information Abstract: This rule would authorize the Street SW., Washington, DC 20410 needed for meaningful participation in Department to establish a loan officer Phone: 202 708–1515 the development of a restructuring registry and a servicing approval plan, while ensuring appropriate RIN: 2502–AH88 agreement for FHA-approved lenders. protection of legitimate interest of The loan officer registry would limit project owners in confidential and registration of a loan officer to one 1455. E–ENDORSEMENT OF proprietary business information. FHA-approved lender at a time and FHA–INSURED MORTGAGES Timetable: Next Action Undetermined give the Department the ability to (FR–4789) monitor a loan officer. The rule would Priority: Other Significant Regulatory Flexibility Analysis provide for sanctions against loan Required: No Legal Authority: 12 USC 1709; 12 USC officers for poor performance. Also, the 1710; 12 USC 1715b; 12 USC 1715z–1 rule would clarify that a loan officer Small Entities Affected: No CFR Citation: must be an employee of a lender. This 24 CFR 203 Government Levels Affected: None rule also would create a servicing Legal Deadline: None approval agreement that would require Agency Contact: Paige Warren, Office Abstract: This rule would implement FHA approval. The Department of Multifamily Assistance the Federal Housing Administration believes that the servicing agreement Restructuring, Department of Housing (FHA) electronic endorsement program would enhance its authority to and Urban Development, Office of for all mortgages eligible for insurance Housing supervise the servicing of FHA-insured endorsement under the Direct Phone: 202 708–0001 mortgages and to take action against Endorsement program. The program mortgagees that fail to perform required will reduce FHA’s insurance risk by RIN: 2502–AH45 servicing functions. collecting additional information at the

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HUD—OH Long-Term Actions

loan-level to target loans and lenders 1456. RESPA—IMPROVING THE settlement; and (3) remove regulatory for post-endorsement technical reviews, PROCESS FOR OBTAINING barriers to allow guaranteed packages and by employing fraud prevention MORTGAGES (FR–4727) of settlement services and mortgages to tools. The program will also reduce Priority: Economically Significant. be made available to borrowers, to government costs derived from storing Major under 5 USC 801. make borrower shopping for mortgages case binders. easier and further reduce settlement Legal Authority: 12 USC 2601 et seq; costs. Timetable: 42 USC 3535(d) Next Action Undetermined Timetable: CFR Citation: 24 CFR 3500 Regulatory Flexibility Analysis Legal Deadline: None Action Date FR Cite Required: No Abstract: This rule would establish a NPRM 07/29/02 67 FR 49134 Small Entities Affected: No new framework for borrower NPRM Comment 10/28/02 disclosures under RESPA that would: Period End Government Levels Affected: None (1) address the issue of mortgage broker Next Action Undetermined Agency Contact: James Beavers, compensation, specifically the problem Regulatory Flexibility Analysis Deputy Director, Office of Single of lender payments to mortgage brokers, Required: Yes by fundamentally changing the way in Family Program Development, which such lender payments in Small Entities Affected: Businesses Department of Housing and Urban brokered mortgage transactions are Government Levels Affected: None Development, Office of Housing recorded and reported to borrowers; (2) Agency Contact: Ivy Jackson, Acting Phone: 202 708–2121 significantly improve HUD’s Good Director, Interstate Land Sales and Faith Estimate (GFE) settlement cost RIN: 2502–AH95 RESPA Division, Department of disclosure, and amend HUD’s related Housing and Urban Development, RESPA regulations, to make the GFE Office of Housing firmer and more usable, to facilitate Phone: 202 708–0502 shopping for mortgages, and to avoid unexpected charges to borrowers at RIN: 2502–AH85

Department of Housing and Urban Development (HUD) Completed Actions Office of Housing (OH)

1457. FHA INSPECTOR ROSTER FHA maximum insured mortgage limits Completed: (FR–4720) in high-cost areas from 110 to 140 Reason Date FR Cite Priority: Other Significant percent on a geographic basis, and 140 to 170 percent on a project-by-project Final Action 03/10/04 69 FR 11500 CFR Citation: 24 CFR 200 basis. This rule conforms HUD’s Final Action Effective 04/09/04 Completed: regulations to a self-implementing Regulatory Flexibility Analysis statute. Reason Date FR Cite Required: No Small Entities Affected: Final Action 03/10/04 69 FR 11494 Timetable: No Final Action Effective 04/09/04 Action Date FR Cite Government Levels Affected: None Regulatory Flexibility Analysis Final Action 03/03/04 69 FR 10106 Agency Contact: Vance Morris Required: No Final Action Effective 04/02/04 Phone: 202 708–2121 Small Entities Affected: No Regulatory Flexibility Analysis RIN: 2502–AH84 Government Levels Affected: None Required: No Agency Contact: Vance Morris Small Entities Affected: No 1460. FHA APPRAISER WATCH INITIATIVE (FR–4744) Phone: 202 708–2121 Government Levels Affected: None RIN: Priority: Other Significant 2502–AH76 Agency Contact: Roger Kramer, Office CFR Citation: 24 CFR 200 of Housing, Technical Support 1458. • CHANGES IN MAXIMUM Division, Department of Housing and Completed: MORTGAGE LIMITS (FR–4913) Urban Development, Office of Housing Reason Date FR Cite Phone: 202 708–2866 Priority: Other Significant Withdrawn 05/14/04 RIN: Legal Authority: 12 USC 1702 to 1715z; 2502–AI19 Regulatory Flexibility Analysis 12 USC 1715z to 21; 42 USC 3535(d) Required: No CFR Citation: 24 CFR 200 1459. ELIGIBILITY OF ADJUSTABLE Small Entities Affected: Businesses, RATE MORTGAGES (ARMS) (FR–4745) Legal Deadline: None Organizations Priority: Abstract: This rule revises the amount Other Significant Government Levels Affected: None by which the Secretary may increase CFR Citation: 24 CFR 203.49 Agency Contact: Vance Morris

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HUD—OH Completed Actions

Phone: 202 708–2121 Completed: Agency Contact: Vance Morris RIN: 2502–AH81 Reason Date FR Cite Phone: 202 708–2121 Withdrawn 05/14/04 RIN: 2502–AH73 1461. AMENDMENTS TO THE Regulatory Flexibility Analysis SECTION 203(K) REHABILITATION Required: LOAN INSURANCE PROGRAM No (FR–4701) Small Entities Affected: Businesses, Priority: Other Significant Organizations CFR Citation: 24 CFR 203 Government Levels Affected: None

Department of Housing and Urban Development (HUD) Proposed Rule Stage Office of Community Planning and Development (CPD)

1462. SUPPORTIVE HOUSING 1463. EMPOWERMENT ZONES: 1464. COMMUNITY DEVELOPMENT PROGRAM (FR–4616) RESIDENT BENEFIT AND ECONOMIC BLOCK GRANT PROGRAM REVISION DEVELOPMENT STANDARDS FOR OF CDBG ELIGIBILITY AND Priority: Substantive, Nonsignificant GRANTS (FR–4853) NATIONAL OBJECTIVE REGULATIONS (FR–4699) Legal Authority: 42 USC 11381; 42 Priority: Other Significant USC 11389; 42 USC 3535(d) Priority: Other Significant Legal Authority: 26 USC 1391; 42 USC Legal Authority: 42 USC 3535(d); 42 CFR Citation: 24 CFR 583 3535(d) USC 5301 et seq Legal Deadline: None CFR Citation: 24 CFR 598 CFR Citation: 24 CFR 570 Abstract: The Department of Housing Legal Deadline: None Legal Deadline: None and Urban Development is proposing to amend the Supportive Housing Abstract: This rule proposes to Abstract: This rule will improve the Program regulations. The regulations establish review standards for ability of entitlement communities and will be updated to clarify existing determining whether grant funds States’ grant recipients to use program requirements and to add new provided to Empowerment Zones will Community Development Block Grant program requirements in accordance provide a sufficient level of benefit to (CDBG) funds for brownfields activities. with recent statutory changes including residents and also be used in The rule will clarify the eligibility of requirements for some local matching conjunction with economic activities involving the cleanup and funds and for permanent housing. development activities consistent with development of environmentally Additionally, this rule will make the the strategic plan for each contaminated properties under section Supportive Housing Program Empowerment Zone. 105(a) of the Housing and Community Development Act of 1974. The rule also regulations clearer and allow for the will increase CDBG recipients’ full flexibility of the McKinney Act. Timetable: flexibility to undertake activities Action Date FR Cite Timetable: meeting the national objective of NPRM 07/00/04 preventing or eliminating slums or Action Date FR Cite blighting conditions. The criteria for NPRM 07/00/04 Regulatory Flexibility Analysis meeting the slum/blight national Required: No objective will be revised to specifically Regulatory Flexibility Analysis recognize economic obsolescence of Required: No Small Entities Affected: Businesses, buildings and the presence of Governmental Jurisdictions environmental contaminants as Small Entities Affected: No Government Levels Affected: Local blighting influences on an area or property. This rule will further clarify Government Levels Affected: Local Agency Contact: John Haines, the list of activities that may be Agency Contact: Mark Johnston, Empowerment Zone Division, undertaken to address the slum/blight Acting Director, Office of Special Needs Department of Housing and Urban national objective criteria on a spot Assistance Program, Department of Development, Office of Community basis. Finally, this rule makes Housing and Urban Development, Planning and Development corresponding changes in the eligibility Office of Community Planning and Phone: 202 708–6339 regulations governing the Section 108 Development Loan Guarantee component of the CDBG program. Phone: 202 708–1226 RIN: 2506–AC16 Timetable: RIN: 2506–AC07 Action Date FR Cite NPRM 07/00/04

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HUD—CPD Proposed Rule Stage

Regulatory Flexibility Analysis program was authorized in 1990 by the additional options for grantees for Required: No AIDS Housing Opportunity Act, to operation of rental assistance programs. Small Entities Affected: No provide States and localities with the The changes would implement programs and resources necessary to provisions used in other HUD Government Levels Affected: Local, meet the housing needs of individuals programs, such as the Section 8 State and families with HIV/AIDS. The rule program, and thereby modernize the Agency Contact: Steve Johnson, proposes to adjust the formula factor HOPWA regulations which were last Director, State and Small Cities which determines the allocation of 25 updated in 1994. Division, Department of Housing and percent of funds based on the Timetable: Urban Development, Office of metropolitan area’s higher-than-average Community Planning and Development incidence of cases of AIDS, starting in Action Date FR Cite Phone: 202 708–1322 fiscal year 2005 and thereafter. NPRM 09/00/04 RIN: 2506–AC12 Incalculating the formula allocation, the Regulatory Flexibility Analysis proposed change would replace the one Required: No year standard for AIDS surveillance 1465. HOUSING OPPORTUNITIES FOR Small Entities Affected: No PERSONS WITH AIDS (HOPWA) data used to determine the high AIDS (FR–4708) incidence to a three year data standard. Government Levels Affected: None This change is intended to moderate Priority: Other Significant unexpected one year increases or Agency Contact: David Vos, Director, Office of HIV/AIDS Housing, Legal Authority: 42 USC 12901 et seq declines in a grantee’s formula Department of Housing and Urban CFR Citation: 24 CFR 574 allocation and allow for continuity in grant funding. In addition, the Development, Office of Community Legal Deadline: None regulation would update the HOPWA Planning and Development Abstract: The Housing Opportunities rental assistance requirements to make Phone: 202 708–1934 for Persons With AIDS (HOPWA) use of additional provisions and create RIN: 2506–AC11

Department of Housing and Urban Development (HUD) Final Rule Stage Office of Community Planning and Development (CPD)

1466. MODIFICATION OF THE Community Development Act of 1974, 1467. • COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK as amended. BLOCK GRANT PROGRAM: SMALL GRANT DEFINITION FOR CITIES AND INSULAR AREAS METROPOLITAN CITY AND OTHER Timetable: PROGRAMS (FR–4919) CONFORMING AMENDMENTS Action Date FR Cite Priority: Other Significant (FR–4872) Interim Final Rule 12/12/03 68 FR 69580 Legal Authority: 42 USC 3535(d); 42 Priority: Other Significant Interim Final Rule 01/12/04 USC 5301 to 5320 Effective Legal Authority: 42 USC 5301 to 5320; CFR Citation: 24 CFR 570 42 USC 3535(d) Interim Final Rule 02/10/04 Comment Period Legal Deadline: Other, Statutory, CFR Citation: 24 CFR 570 End March 15, 2004, Section 501(g) of Final Action 10/00/04 Public Law 108–186 requires Legal Deadline: None regulations not later than 90 days after Regulatory Flexibility Analysis enactment. Abstract: This rule revises the Required: No Community Development Block Grant Abstract: This rule establishes (CDBG) program regulations by Small Entities Affected: No regulations to implement a legislative replacing the obsolete term ‘‘central change moving Community city’’ with a new term ‘‘principal city’’ Government Levels Affected: None Development Block Grant (CDBG) in the definition of ‘‘metropolitan city’’ program assistance from Section 107 Agency Contact: Valerie Browne, and other CDBG regulations referencing (Special Purpose Grants) to Section 106 ‘‘central city.’’ The described revisions Office of Entitlement Communities of the Housing and Community are necessary because of the recent Division, Department of Housing and Development Act of 1974, as amended. changes to the Office of Management Urban Development, Office of As in the past under the Special and Budget’s (OMB) Standards for Community Planning and Development Purpose Grant Program, HUD will defining Metropolitan Statistical Areas Phone: 202 708–1577 continue to make formula grants to (MSAs) and the announcement in 2003 insular area jurisdictions under the RIN: 2506–AC15 of new definitions for those areas using Insular CDBG program for activities Census 2000 data. The rule updates the which principally benefit low- and affected CDBG program regulations so moderate-income persons, aid in the that the terminology used by HUD is elimination of slums or blighting consistent with OMB standards and the conditions, or meet other community purposes of the Housing and development needs having a particular

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HUD—CPD Final Rule Stage

urgency. This rule codifies the Work Responsibility Act of 1998 by 12741 to 12756; 42 USC 12901 to amended statutory funding mechanism revising HUD’s regulations for the 12912; 42 USC 3535(d); 42 USC 3601 for allocation of CDBG funds to insular Community Development Block Grant to 3619; 42 USC 5300 to 5320 areas, includes the Insular Area CDBG (CDBG) program. Section 588 prohibits program in subpart FA and streamlines State and local governments from using CFR Citation: 24 CFR 570; 24 CFR 91 that subpart by removing sections no CDBG funds for ‘‘job pirating’’ activities Legal Deadline: None longer necessary for the Small Cities that are likely to result in significant CDBG program, identifies the process job loss. Job pirating, in this context, Abstract: This rule integrates the by which insular areas will now receive refers to the use of CDBG funds to lure Community Revitalization Strategies and report on grant funds, enables or attract a business and its jobs from concept with the State CDBG program. one community to another community. insular areas to apply for the Section This concept will provide States The rule follows publication of an 108 loan guarantee program, and additional flexibility in meeting certain October 24, 2000, proposed rule, and establishes other applicable requirements regarding the program’s requirements. takes into consideration the public national objectives and public benefit. Timetable: comments received on the proposed rule. This rule also makes several technical amendments to correct errors from Action Date FR Cite Timetable: previous rulemaking and to enhance Interim Final Rule 07/00/04 Action Date FR Cite and clarify the regulation. Regulatory Flexibility Analysis NPRM 10/24/00 65 FR 63756 Timetable: Required: No NPRM Comment 12/26/00 Small Entities Affected: No Period End Action Date FR Cite Interim Final Rule 08/00/04 Government Levels Affected: None Interim Final Rule 10/22/96 61 FR 54914 Regulatory Flexibility Analysis Agency Contact: Jamie Spakow, Interim Final Rule 11/21/96 Required: Community Planning and Development No Effective Specialist, Office of Block Grant Government Levels Affected: Local, Interim Final Rule 02/16/97 Assistance, Department of Housing and State Comment Period End Urban Development, Office of Agency Contact: Richard J. Kennedy, Community Planning and Development Office of Block Grant Assistance, Final Action 09/00/04 Phone: 202 708–1322 Department of Housing and Urban Regulatory Flexibility Analysis RIN: 2506–AC17 Development, Office of Community Required: No Planning and Development Phone: 202 708–3587 Government Levels Affected: None 1468. PROHIBITION ON USE OF CDBG RIN: 2506–AC04 ASSISTANCE FOR JOB–PIRATING Agency Contact: Steve Johnson, ACTIVITIES (FR–4556) Director, State and Small Cities Priority: Other Significant 1469. CDBG PROGRAM FOR STATES: Division, Department of Housing and COMMUNITY REVITALIZATION Urban Development, Office of Legal Authority: 42 USC 3535(d); 42 STRATEGY REQUIREMENTS AND USC 5301 to 5320 Community Planning and Development MISCELLANEOUS TECHNICAL Phone: 202 708–1322 CFR Citation: 24 CFR 570 AMENDMENTS (FR–4081) Legal Deadline: None Priority: Substantive, Nonsignificant RIN: 2506–AB83 Abstract: This rule will implement Legal Authority: 42 USC 11331 to section 588 of the Quality Housing and 11388; 42 USC 12701 to 12711; 42 USC

Department of Housing and Urban Development (HUD) Final Rule Stage Government National Mortgage Association (GNMA)

1470. REMOVAL OF REGULATION minimum face amount of any security Action Date FR Cite SPECIFYING MINIMUM FACE VALUE issued by the Government National OF GINNIE MAE SECURITIES Mortgage Association (Ginnie Mae). NPRM Comment 06/14/04 Period End (FR–4856) The proposed removal of the regulation Final Action 09/00/04 Priority: Other Significant would allow Ginnie Mae to offer alternative denominations of its Regulatory Flexibility Analysis Legal Authority: 12 USC 1721(g); 12 securities. Required: No USC 1723(a); 42 USC 3535(d) Timetable: Small Entities Affected: CFR Citation: 24 CFR 320 No Action Date FR Cite Legal Deadline: None Government Levels Affected: None Abstract: This rule would remove the NPRM 04/13/04 69 FR 19746 Agency Contact: Thomas R. Weakland, regulation that specifies the current Vice President, Department of Housing

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HUD—GNMA Final Rule Stage

and Urban Development, Government Phone: 202 708–2884 National Mortgage Association RIN: 2503–AA17

Department of Housing and Urban Development (HUD) Proposed Rule Stage Office of Fair Housing and Equal Opportunity (FHEO)

1471. CERTIFICATION AND FUNDING fair housing enforcement agencies that Timetable: OF STATE AND LOCAL FAIR administer fair housing laws that are Action Date FR Cite HOUSING ENFORCEMENT AGENCIES substantially equivalent to the Fair (FR–4748) Housing Act (title VIII of the Civil NPRM 08/00/04 Priority: Other Significant Rights Act of 1968; 42 USC 3601-3619). Regulatory Flexibility Analysis The FHAP program provides support Required: No Legal Authority: 42 USC 3601 to 3619; for complaint processing, training, 42 USC 3535(d) Small Entities Affected: No technical assistance, education and CFR Citation: 24 CFR 115 outreach, data and information systems, Government Levels Affected: State, Local Legal Deadline: None and other activities that will further fair housing within the State or local Agency Contact: Abstract: The Fair Housing Assistance Myron Newry, agency’s jurisdiction. HUD intends to Program (FHAP) provides assistance to Director, FHIP/FHAP Support Division, State and local fair housing update its part 115 regulations with Department of Housing and Urban enforcement agencies to build an respect to both the certification of Development, Office of Fair Housing intergovernmental enforcement substantially equivalent agencies and and Equal Opportunity structure to further fair housing. HUD the overall administration of the FHAP Phone: 202 708–0800 provides assistance to State and local program. RIN: 2529–AA90

Department of Housing and Urban Development (HUD) Final Rule Stage Office of Fair Housing and Equal Opportunity (FHEO)

1472. FAIR HOUSING ACT the building standards of the American Timetable: REGULATION: CONFORMING National Standards Institute (ANSI), but Action Date FR Cite AMENDMENT; UPDATE TO REFLECT the reference to the ANSI edition of CURRENT EDITION OF AMERICAN 1986 has long been superseded by two Notice 03/23/00 65 FR 15740 NATIONAL STANDARDS INSTITUTE more recent editions of 1992 and 1998. Interim Final Rule 12/00/04 (ANSI) (FR–4554) Although parties subject to the Fair Regulatory Flexibility Analysis Priority: Substantive, Nonsignificant Housing Act regulations may continue Required: No to refer to the 1986 edition of ANSI, Legal Authority: 42 USC 3535(d); 42 Small Entities Affected: No USC 3600 to 3620 the regulations need to be updated to also offer compliance with the 1992 Government Levels Affected: CFR Citation: 24 CFR 100 and 1998 editions as a safe harbor for Undetermined Legal Deadline: None compliance. This rule will update the Agency Contact: Cheryl Kent, Special Abstract: Subpart D of HUD’s Fair regulations to provide that compliance Advisor for Disability Policy, Office of Housing Act regulations (24 CFR part with the appropriate requirements of Enforcement, Department of Housing 100), which address the accessibility the 1986, 1992, or 1998 editions of and Urban Development, Office of Fair requirements of the Fair Housing Act, ANSI A117.1 suffices to satisfy the Housing and Equal Opportunity has not been updated since 1991. These accessibility requirements of the Fair Phone: 202 708–2333 regulations reference compliance with Housing Act. RIN: 2529–AA88

Department of Housing and Urban Development (HUD) Long-Term Actions Office of Fair Housing and Equal Opportunity (FHEO)

1473. ECONOMIC OPPORTUNITIES CFR Citation: 24 CFR 135 certain changes in the design of the FOR LOW– AND VERY–LOW–INCOME Department’s programs that are subject Legal Deadline: None PERSONS (FR–2898) to the section 3 regulations, to clarify Abstract: the obligations of individuals and Priority: Other Significant The regulations at 24 CFR part 135 were revised substantially to entities subject to the requirements of Legal Authority: 12 USC 1701u; 42 incorporate the statutory amendments section 3, and to simplify the USC 1450; 42 USC 3301; 42 USC in the Housing and Community Department’s administration of section 3535(d) Development Act of 1992, to reflect 3 requirements. The final rule may

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HUD—FHEO Long-Term Actions

make further revisions in response to Action Date FR Cite Regulatory Flexibility Analysis public comment. Required: No Interim Final Rule 08/01/94 Timetable: Effective Government Levels Affected: Local Interim Final Rule 08/29/94 Agency Contact: Linda J. Thompson, Action Date FR Cite Comment Period Office of Economic Opportunity, End NPRM 10/08/93 58 FR 52534 Department of Housing and Urban Extension of Effective 05/31/95 60 FR 28325 Development, Office of Fair Housing Notice 11/09/93 58 FR 59423 Period of Interim Notice Comment 12/08/93 Rule and Equal Opportunity Period End Extension Effective 06/30/96 Phone: 202 708–3685 Interim Final Rule 06/30/94 59 FR 33886 Next Action Undetermined RIN: 2529–AA49

Department of Housing and Urban Development (HUD) Proposed Rule Stage Office of Administration (OA)

1474. HUD ACQUISITION made to the Federal Acquisition Regulatory Flexibility Analysis REGULATION (FR–4705) Regulation (FAR) since the last Required: No Priority: Other Significant publication of the HUDAR; revisions Small Entities Affected: No reflecting changes in the Department’s Legal Authority: 40 USC 486(c); 41 requirements regarding organizational Government Levels Affected: None USC 251; 42 USC 3535(d) conflict of interest, ratification of Agency Contact: Edward L. Girovasi CFR Citation: 48 CFR 2401 unauthorized commitments, and Jr., Director, Policy & Field Operations Legal Deadline: None disclosure of information provided to Division, Office of the Chief contractors. Procurement Officer, Department of Abstract: This rule will implement Housing and Urban Development, miscellaneous changes to the HUD Timetable: Office of Administration Acquisition Regulation (HUDAR) Action Date FR Cite Phone: 202 708–0294 including but not limited to corrections of regulatory citations due to revisions NPRM 12/00/04 RIN: 2535–AA26

Department of Housing and Urban Development (HUD) Proposed Rule Stage Office of Public and Indian Housing (PIH)

1475. CAPITAL FUND PROGRAM Grant and Comprehensive Improvement CFR Citation: 24 CFR 941 (FR–4880) programs at part 968. Legal Deadline: None Priority: Other Significant Timetable: Action Date FR Cite Abstract: This rule will streamline the Legal Authority: 42 USC 1437g; 42 document submission process by USC 1437z–7; 42 USC 3535(d) NPRM 12/00/04 substituting certifications for a number CFR Citation: 24 CFR 905 Regulatory Flexibility Analysis of currently required documents. Required: No Legal Deadline: None Timetable: Small Entities Affected: No Abstract: This rule will implement the Action Date FR Cite Government Levels Affected: None new Capital Fund Program for the NPRM 12/00/04 capital and management improvement Agency Contact: William Thorson, needs of public housing agencies. This Director, Office of Capital Regulatory Flexibility Analysis rule will implement the regulatory Improvements, Department of Housing Required: No framework for the Capital Fund and Urban Development, Office of Program that will govern the use of the Public and Indian Housing Small Entities Affected: No assistance made available from the Phone: 202 708–1640 Capital Fund formula. The new rule at Government Levels Affected: None RIN: 2577–AC50 part 905 will replace and remove Agency Contact: Dominique Blom, several other rules that currently govern Office of Public Housing Investments, a PHA’s use of HUD assistance 1476. • STREAMLINED MIXED Department of Housing and Urban including part 941 - Public Housing FINANCE APPLICATION REVIEW Development, Office of Public and Development, and part 968 - Public (FR–4924) Indian Housing Housing Modernization. This rule will Priority: continue and expand the streamlining Substantive, Nonsignificant Phone: 202 401–8812 of procedures and requirements Legal Authority: 42 USC 1437v; 42 RIN: 2577–AC55 initiated under the Comprehensive USC 3535(d)

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HUD—PIH Proposed Rule Stage

1477. SECTION 8 MANAGEMENT Timetable: Programs, Department of Housing and ASSESSMENT PROGRAM (FR–4884) Action Date FR Cite Urban Development, Office of Public Priority: Other Significant and Indian Housing NPRM 10/00/04 Phone: 202 401–7914 Legal Authority: 42 USC 1437a; 42 Regulatory Flexibility Analysis USC 1437c; 42 USC 1437f; 42 USC RIN: 2577–AC57 Required: No 3535(d) Small Entities Affected: No CFR Citation: 24 CFR 985 1480. • PARTICIPATION IN HUD’S Government Levels Affected: None Legal Deadline: None NATIVE AMERICAN PROGRAMS BY Agency Contact: Gerald J. Benoit, RELIGIOUS ORGANIZATIONS: Abstract: This rule will revise the way PROVIDING EQUAL TREATMENT TO HUD measures PHAs. Many self- Director, Housing Voucher Management and Operations, Department of Housing ALL PROGRAM PARTICIPANTS certified indicators will be eliminated. (FR–4915) The Section 8 Management Assessment and Urban Development, Office of Public and Indian Housing Program (SEMAP) certification Priority: Other Significant submitted by the PHA would be Phone: 202 708–0477 eliminated. All remaining indicators RIN: 2577–AC54 Legal Authority: 42 USC 12701 to would be measured through PIC and 12839 other standard sources of data. 1479. • NATIVE AMERICAN HOUSING CFR Citation: 24 CFR 954; 24 CFR Timetable: ASSISTANCE AND 1003 SELF–DETERMINATION ACT Action Date FR Cite Legal Deadline: None (NAHASDA): REVISIONS TO THE NPRM 12/00/04 INDIAN HOUSING BLOCK GRANT Abstract: This rule would remove Regulatory Flexibility Analysis PROGRAM FORMULA (FR–4938) barriers to the participation of religious Required: No Priority: Other Significant (also referred to as ‘‘faith-based’’) Small Entities Affected: No organizations in HUD regulations Legal Authority: 25 USC 4101 et seq; implementing the Indian HOME Government Levels Affected: None 42 USC 3535(d) Program, the Indian Community Agency Contact: Gerald J. Benoit, CFR Citation: 24 CFR 1000 Development Block Grant Program, the Director, Housing Voucher Management Indian Housing Block Grant Program, Legal Deadline: None and Operations, Department of Housing the Title VI Loan Guarantee Assistance and Urban Development, Office of Abstract: This rule would make several Program, and the Section 184 Loan Public and Indian Housing revisions to the Indian Housing Block Guarantees for Indian Housing Program. Phone: 202 708–0477 Grant (IHBG) Program allocation These proposed changes are consistent RIN: 2577–AC52 formula authorized under section 302 with revisions of program regulations of the Native American Housing being undertaken on a HUD-wide basis. Assistance and Self-Determination Act In general, no group of applicants 1478. • REVISIONS TO SECTION 8 of 1996. Through the IHBG Program, competing for HUD funds or seeking MANAGEMENT ASSESSMENT HUD provides Federal housing to participate in HUD programs should PROGRAM (SEMAP) LEASE–UP assistance for Indian tribes in a manner be subject to greater or fewer INDICATOR (FR–4926) that recognizes the right of Indian self- requirements than other organizations Priority: Other Significant determination and tribal self- solely because of their religious government. HUD negotiated the rule character or affiliation, or absence of Legal Authority: 42 USC 1437A; 42 with active tribal participation and religious character or affiliation. USC 1437c; 42 USC 1437f; 42 USC using the procedures of the Negotiated 3535(d) Rulemaking Act of 1990. The proposed Timetable: CFR Citation: 24 CFR 985 regulatory changes reflect the Action Date FR Cite Legal Deadline: None consensus decisions reached by HUD and the tribal representatives on ways NPRM 06/00/04 Abstract: This rule amends the to improve and clarify the current Regulatory Flexibility Analysis regulation at 24 CFR 985.3(n) for the regulations governing the IHBG Required: No Section 8 Management Assessment Program formula. Program (SEMAP) to revise the way Small Entities Affected: No HUD measures performance under the Timetable: SEMAP lease-up indicator. The lease- Action Date FR Cite Government Levels Affected: None up standard is revised to measure only NPRM 12/00/04 Agency Contact: Deborah Lalancette, the number of units leased against the Director, Housing Management Div. number of units contracted under an Regulatory Flexibility Analysis Required: No Office of Native American Programs, Annual Contributions Contract (ACC). Department of Housing and Urban HUD will no longer consider the Small Entities Affected: No Development, Office of Public and percentage of budget authority Government Levels Affected: None Indian Housing expended if the PHA has not leased Phone: 303 675–1600 the percent of units needed to receive Agency Contact: Rodger Boyd, Deputy points under this indicator. Assistant Secretary for Native American RIN: 2577–AC56

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HUD—PIH Proposed Rule Stage

1481. RESIDENT PARTICIPATION IN general and specific requirements for Regulatory Flexibility Analysis PUBLIC HOUSING (FR–4657) HUD approval of demolition and Required: No Priority: Other Significant disposition applications, relocation of Small Entities Affected: No residents, resident participation in the Legal Authority: 42 USC 1437c–1; 42 form of consultation and opportunity to Government Levels Affected: Local, USC 1437r; 42 USC 1437t; 42 USC purchase, new requirements regarding State 1437z–6; 42 USC 3535(d); 42 USC resident relocation, the PHA lan and Agency Contact: Gerald J. Benoit, 1437d; 42 USC 1437g; 42 USC 1437l; local government consultation and a Director, Housing Voucher Management 42 USC 1437 new authority for a PHA to demolish and Operations, Department of Housing CFR Citation: 24 CFR 964 a small number of their units without and Urban Development, Office of a formal application under certain Legal Deadline: None Public and Indian Housing circumstances, referred to as ‘‘de Phone: 202 708–0477 Abstract: This rule would update minimis’’ demolition. existing provisions of 24 CFR 964 and RIN: 2577–AC44 Timetable: incorporate new provisions of the Quality Housing and Work Action Date FR Cite 1484. CAPITAL AND OPERATING Responsibility Act of 1998 related to NPRM 08/00/04 FUNDS FOR DEBT SERVICE AND resident/tenant participation. Regulatory Flexibility Analysis FINANCING ACTIVITIES(FR–4843) Timetable: Required: No Priority: Other Significant Action Date FR Cite Government Levels Affected: None Legal Authority: 42 USC 1437g; 42 NPRM 10/00/04 Agency Contact: Ainars Rodins, USC 3535(d) Regulatory Flexibility Analysis Director, Special Applications Center, CFR Citation: 24 CFR 990 Required: No Department of Housing and Urban Legal Deadline: None Development, Office of Public and Small Entities Affected: Organizations Indian Housing Abstract: The Quality Housing and Government Levels Affected: None Phone: 312 886–9754 Work Responsibility Act of 1998 authorized Public Housing Agencies to Agency Contact: Glenda Green, Acting RIN: 2577–AC20 Deputy Director, Office of Policy, use public housing operating funds to Programs and Legislative Initiatives, repay debt service on private loans. Department of Housing and Urban 1483. TENANT–BASED ASSISTANCE: Under the Capital Fund program, PHAs Development HOUSING CHOICE VOUCHER are permitted to borrow private housing Phone: 202 708–0713 PROGRAM (FR–4838) development activities. This rule would implement and provide standards and Priority: Other Significant RIN: 2577–AC26 requirements for PHAs to use capital Legal Authority: 42 USC 1437f; 42 USC or operating funds for debt service and 1482. PUBLIC HOUSING PROGRAM— 3535(d) financing activities. DEMOLITION OR DISPOSITION OF CFR Citation: 24 CFR 982; 24 CFR 985 Timetable: PUBLIC HOUSING PROJECTS Legal Deadline: None Action Date FR Cite (FR–4598) Abstract: This rule will revise the NPRM 12/00/04 Priority: Other Significant Housing Choice Voucher Program to Regulatory Flexibility Analysis Legal Authority: 42 USC 1437p; 42 reflect recent legislation covering the Required: No USC 3535(d) use of vouchers in assisted living Small Entities Affected: CFR Citation: 24 CFR 970 facilities, use of enhanced vouchers, the No calculation of renewal funding and Government Levels Affected: Local Legal Deadline: None other updating of the regulations to Abstract: This rule will revise HUD’s clarify or expand the policy in the Agency Contact: William Thorson, regulations regarding demolition and regulation based on recent experience Director, Office of Capital disposition of public housing projects, in program administration. Improvements, Department of Housing and Urban Development, Office of in accordance with section 531 of the Timetable: Quality Housing and Work Public and Indian Housing Responsibility Act of 1998 (Pub. L. 105- Action Date FR Cite Phone: 202 708–1640 276). This rule will establish the NPRM 01/00/05 RIN: 2577–AC49

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Department of Housing and Urban Development (HUD) Final Rule Stage Office of Public and Indian Housing (PIH)

1485. • TECHNICAL AND regulations governing the Operating Agency Contact: Rodger Boyd, Deputy CONFORMING AMENDMENTS TO THE Fund Program, and take into Assistant Secretary for Native American PUBLIC HOUSING HOMEOWNERSHIP consideration the recommendation of Programs, Department of Housing and PROGRAM (FR–4891) the Congressionally funded study by Urban Development, Office of Public Priority: Substantive, Nonsignificant the Harvard University Graduate School and Indian Housing of Design on the cost of operating well- Phone: 202 401–7914 Legal Authority: 42 USC 1437z–4; 42 run public housing. USC 3535(d) RIN: 2577–AC43 Timetable: CFR Citation: 24 CFR 906 Action Date FR Cite 1488. PHA DISCRETION IN Legal Deadline: None Interim Final Rule 07/00/04 TREATMENT OF OVER–INCOME Abstract: This rule clarifies that, as FAMILIES (FR–4824) permitted by statute, a public housing Regulatory Flexibility Analysis Priority: Other Significant agency (PHA) may use its capital funds Required: No Legal Authority: to acquire properties to be used for Small Entities Affected: No 42 USC 3535(d) homeownership. This rule also clarifies CFR Citation: 24 CFR 960 the obligation to provide relocation Government Levels Affected: None Legal Deadline: None assistance in accordance with the Agency Contact: Chris Kubacki, Uniform Relocation and Real Property Funding and Financial Management Abstract: This rule permits PHAs to Acquisition Act (URA) in cases where Division, Department of Housing and evict over-income tenants, with an a PHA’s homeownership program Urban Development, Office of Public exception for families with active FSS causes displacement. and Indian Housing contracts of participation and those Timetable: Phone: 202 708–4932 entitled to the earned income disallowance. Action Date FR Cite RIN: 2577–AC51 Timetable: Final Action 07/00/04 Action Date FR Cite Regulatory Flexibility Analysis 1487. MINIMUM FUNDING UNDER THE Required: No INDIAN HOUSING BLOCK GRANT NPRM 08/01/03 68 FR 45734 PROGRAM (FR–4825) NPRM Comment 09/30/03 Small Entities Affected: No Period End Priority: Other Significant Government Levels Affected: None Final Action 12/00/04 Legal Authority: 25 USC 4101 et seq; Regulatory Flexibility Analysis Agency Contact: Dominique Blom, 42 USC 3535(d) Office of Public Housing Investments, Required: No CFR Citation: Department of Housing and Urban 24 CFR 1000 Small Entities Affected: No Development, Office of Public and Legal Deadline: None Government Levels Affected: Indian Housing None Abstract: Phone: 202 401–8812 This rule revises the current Agency Contact: Patricia Arnaudo, regulation to extend the period for RIN: 2577–AC53 Senior Program Manager, Public which an Indian tribe may receive a Housing Occupancy and Management minimum grant amount under the need Division, Department of Housing and 1486. OPERATING FUND component of the Indian Housing Block Urban Development, Office of Public ALLOCATION FORMULA (FR–4874) Grant formula. The minimum funding and Indian Housing, 451 7th Street provision in the regulation expired on Priority: Other Significant SW., Washington, DC 20410 September 30, 2003. This rule Phone: 202 708–0744 Legal Authority: 42 USC 1437g; 42 authorizes the extension of the USC 3535(d) minimum funding provision under the RIN: 2577–AC42 CFR Citation: 24 CFR 990 need component through fiscal year 2004 to avoid hardship to the affected 1489. CONVERSION OF Legal Deadline: None tribes. DEVELOPMENTS FROM PUBLIC Abstract: This rule revises the Timetable: HOUSING STOCK; METHODOLOGY regulations for the Public Housing FOR COMPARING COSTS OF PUBLIC Operating Fund Program. Through the Action Date FR Cite HOUSING AND TENANT–BASED Operating Fund Program, HUD Interim Final Rule 06/24/03 68 FR 37660 ASSISTANCE (FR–4718) determines the allocation of operating Interim Final Rule 07/24/03 Priority: Other Significant subsidies to public housing agencies Effective (PHAs). HUD developed the rule with Interim Final Rule 08/25/03 Legal Authority: 42 USC 1437t; the active participation of PHAs, public Comment Period 1437z–5; 3535(d) End housing residents, and other affected CFR Citation: 24 CFR 972 parties using the procedures of the Interim Final Rule 07/00/04 Legal Deadline: None Negotiated Rulemaking Act of 1990. Regulatory Flexibility Analysis These regulatory changes reflect the Required: No Abstract: This rule would establish the consensus decisions reached by the cost methodology that Public Housing Small Entities Affected: negotiated rulemaking committee on No Agencies (PHAs) must use under HUD’s ways to improve and clarify the current Government Levels Affected: None programs for the required and

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HUD—PIH Final Rule Stage

voluntary conversion of public housing the three-year pilot program authorized Abstract: The Project-Based Voucher developments to tenant-based by section 302 of the American Program replaces the Project-Based assistance. Both programs require that Homeownership and Economic Certificate Program that was in PHAs, before undertaking any Opportunity Act of 2000. A public existence for many years. Under the conversion activity, compare the cost of housing agency (PHA) may elect to Project-Based Voucher Program, HUD providing tenant-based assistance with provide homeownership assistance to a pays rental assistance for eligible the cost of continuing to operate the disabled family under the pilot families to live in specific housing development as public housing. The program, rather than under the Housing developments or units. A public cost methodology would be codified as Choice Voucher Program housing agency (PHA) that administers an appendix to HUD’s regulations homeownership option. Under the pilot a tenant-based housing choice voucher forthe required and voluntary program, a PHA provides program may ‘‘project-base’’ up to 20 conversion programs at 24 CFR part homeownership assistance to a disabled percent of voucher units funded by 972. This rule follows publication of family residing in a home purchased HUD. The Project-Based Program was a September 17, 2003, proposed rule andowned by one or more members of authorized by law in 1998, as part of and takes into consideration the public the family. Under its own terms, the the statutory merger of the certificate comments on the proposed rule. pilot program expires in July 2004. This and voucher tenant-based programs. In Timetable: final rule removes the regulatory 2000, the Congress substantially revised provision regarding the pilot program, the project-based voucher law. The law Action Date FR Cite since it will no longer be in operation. made a number of changes including NPRM 09/17/03 68 FR 54624 Timetable: permitting a PHA to pay project-based NPRM Comment 11/17/03 assistance for a term of up to 10 years, Period End Action Date FR Cite permitting a PHA to provide project- Final Action 10/00/04 Interim Final Rule 06/22/01 66 FR 33610 based assistance for existing housing Regulatory Flexibility Analysis Interim Final Rule 07/23/01 that does not need rehabilitation, as Required: No Effective well as for newly constructed or Interim Final Rule 08/21/01 rehabilitated housing, and allowing a Small Entities Affected: No Comment Period family to move from a project-based Government Levels Affected: None End voucher unit after one year and transfer Final Action 12/00/04 to the PHA’s tenant-based voucher Agency Contact: Bessy Kong, Acting program. Deputy Assistant Secretary for Policy, Regulatory Flexibility Analysis Program and Legislative Initiatives, Required: No Timetable: Department of Housing and Urban Small Entities Affected: No Action Date FR Cite Development, Office of Public and Indian Housing Government Levels Affected: None Notice 01/16/01 66 FR 3605 NPRM 03/18/04 69 FR 12950 Phone: 202 708–0713 Agency Contact: Gerald J. Benoit, NPRM Comment 05/17/04 RIN: 2577–AC33 Director, Housing Voucher Management Period End and Operations, Department of Housing Final Action 10/00/04 and Urban Development, Office of 1490. HOUSING CHOICE VOUCHER Public and Indian Housing Regulatory Flexibility Analysis HOMEOWNERSHIP PROGRAM; PILOT Phone: 202 708–0477 Required: No PROGRAM FOR HOMEOWNERSHIP ASSISTANCE FOR DISABLED RIN: 2577–AC24 Small Entities Affected: No FAMILIES (FR–4661) Government Levels Affected: Local, Priority: Substantive, Nonsignificant 1491. PROJECT–BASED VOUCHER State PROGRAM (FR–4636) Legal Authority: 42 USC 1437f; 42 USC Agency Contact: Gerald J. Benoit, 3535(d) Priority: Other Significant Director, Housing Voucher Management and Operations, Department of Housing Legal Authority: CFR Citation: 24 CFR 982 42 USC 1437f(o); 42 and Urban Development, Office of USC 3535(d) Legal Deadline: None Public and Indian Housing CFR Citation: Abstract: On June 22, 2001, HUD 24 CFR 983 Phone: 202 708–0477 published an interim rule to implement Legal Deadline: None RIN: 2577–AC25

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Department of Housing and Urban Development (HUD) Long-Term Actions Office of Public and Indian Housing (PIH)

1492. IMPLEMENTATION OF American Homeownership and Timetable: Next Action Undetermined STATUTORY REVISIONS TO Economic Opportunity Act (Pub. L. Regulatory Flexibility Analysis NAHASDA (FR–4750) 106-569, approved December 27, 2000) Required: No Priority: Other Significant and the Omnibus Indian Advancement Act (Pub. L. 106-568, approved Small Entities Affected: Governmental Legal Authority: 25 USC 4101 et seq; December 27, 2000). (With minor Jurisdictions 42 USC 3535(d) exceptions, these two laws made Government Levels Affected: Tribal CFR Citation: 24 CFR 1000 identical amendments to NAHASDA.) Agency Contact: Rodger Boyd, Deputy Legal Deadline: None The rule will update the NAHASDA Assistant Secretary for Native American regulations to conform to self- Abstract: This rule would implement Programs, Department of Housing and implementing statutory amendments Urban Development, Office of Public statutory amendments made to the not reflected in the regulations. Native American Housing Assistance and Indian Housing and Self-Determination Act of 1996 (25 Phone: 202 401–7914 USC 4101 et seq.) (NAHASDA) by the RIN: 2577–AC37

Department of Housing and Urban Development (HUD) Completed Actions Office of Public and Indian Housing (PIH)

1493. NAHASDA HOUSING Completed: Phone: 202 401–7914 ASSISTANCE FOR NATIVE Reason Date FR Cite RIN: 2577–AC27 HAWAIIANS (FR–4668) Final Action 11/28/03 68 FR 66980 [FR Doc. 04–13257 Filed 06–25–04; 8:45 am] Priority: Other Significant Final Action Effective 12/29/03 BILLING CODE 4210–01–S CFR Citation: 24 CFR 1006; 24 CFR Regulatory Flexibility Analysis 1007 Required: No Small Entities Affected: No Government Levels Affected: None Agency Contact: Rodger Boyd

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