Consolidated Submission for Community Planning and Development Programs

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Community Planning and

Development

24 CFR Part 91

[Docket No. FR 3611-F-10]

Consolidated Submission for Community Planning and Development

Programs

AGENCY: Office of the Assistant Secretary for Community Planning and

Development, HUD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: As part of HUD's effort to consolidate and streamline

submission requirements for the four formula grant programs, the

Department published in the Federal Register on January 5, 1995, a

final rule that consolidated into a single submission the planning and

application aspects of the Department's Community Development Block

Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment

Partnerships (HOME), and Housing Opportunities for Persons with AIDS

(HOPWA) programs. The purpose of this rule is to make an amendment to

the deadline for submission of the Consolidated Plan in order to

receive Community Development Block Grant funds.

EFFECTIVE DATE: September 29, 1995.

FOR FURTHER INFORMATION CONTACT: James R. Broughman, Director, Office

of Block Grant Assistance, Office of Community Planning and

Development, 451 Seventh Street, SW., Washington, DC 20410-7000,

telephone (202) 708-3587 (voice) or (202) 708-2565 (TDD). (These are

not toll-free numbers.) Copies of this amendment will be made available

on tape or large print for those with impaired vision that request

them. They may be obtained at the above address.

SUPPLEMENTARY INFORMATION: On January 5, 1995 (60 FR 1878), the

Department published in the Federal Register, a final rule that

consolidated into a single submission the planning and application

aspects of the Department's Community Development Block Grant (CDBG),

Emergency Shelter Grant (ESG), HOME Investment Partnerships (HOME), and

Housing Opportunities for Persons with AIDS (HOPWA) programs. The

purpose of this rule is to make an amendment to the deadline for

submission of the Consolidated Plan in order to receive Community

Development Block Grant funds.

The regulation requires jurisdictions to align the program years

for the four formula programs and to submit the Consolidated Plan 45

days before the start of the program year instead of the 30 days

previously recommended for submission of the CDBG Final Statement. The

final date for submission of all Consolidated Plans was established as

August 16. The final date previously established for submission of all

CDBG final statements had been the first working day in September. To

provide maximum flexibility during this transition period, HUD is

amending the Consolidated Plan rule to permit the submission of the

Consolidated Plan for Fiscal Year 1995 to be made not later than

September 30, 1995.

Justification for Final Rulemaking

HUD generally publishes a rule for public comment before issuing a

rule for effect, in accordance with its own regulations on rulemaking

at 24 CFR part 10. However, part 10 provides that prior public

procedure will be omitted if HUD determines that it is ``impracticable,

unnecessary, or contrary to the public interest'' (24 CFR 10.1).

In this case, HUD finds that publishing this rule providing for a

new consolidated plan deadline for FY 1995 for public comment would be

impracticable and contrary to the public interest. Maximum flexibility

in submitting consolidated plans during this first year of transition

following publication of the final rule establishing the consolidated

plan is in the public interest. The time necessary to allow for public

comment would preclude the possibility of making the rule effective

before the extended deadline date of September 30, 1995. It would be

impracticable, therefore, to extend greater flexibility to grantees if

a public comment period was provided before the rule takes effect.

Other Matters

Executive Order 12866

This final rule was reviewed by the Office of Management and Budget

(OMB) under Executive Order 12866 on Regulatory Planning and Review,

issued by the President on September 30, 1993.

[[Page 45043]]

Any changes made in this final rule as a result of that review are

clearly identified in the docket file, which is available for public

inspection in the office of the Department's Rules Docket Clerk, Room

10276, 451 Seventh Street, SW., Washington, DC.

Environmental Impact

A Finding of No Significant Impact with respect to the environment

was made in accordance with HUD regulations at 24 CFR part 50, which

implement section 102(2)(C) of the National Environmental Policy Act of

1969 (42 U.S.C. 4332) in connection with the development of the January

5, 1995 rule. The Finding of No Significant Impact remains applicable

to this rule, and is available for public inspection and copying Monday

through Friday, 7:30 a.m. until 5:30 p.m. in the office of the Rules

Docket Clerk, Office of General Counsel, room 10276, 451 Seventh

Street, SW., Washington, DC 20410.

Regulatory Agenda

This rule was not listed in the Department's Semiannual Agenda of

Regulations published on May 8, 1995 (60 FR 23368) in accordance with

Executive Order 12866 and the Regulatory Flexibility Act.

Executive Order 12612, Federalism

The General Counsel, as the Designated Official under section 6(a)

of Executive order 12612, Federalism, has determined that the policies

contained in this rule do not have federalism implications and, thus,

are not subject to review under the Order. The change made by this rule

increases flexibility for jurisdictions during the FY 1995 transition

year.

Executive Order 12606, The Family

The General Counsel, as the Designated Official under Executive

Order 12606, The Family, has determined that this rule does not have a

potential significant impact on family formation, maintenance, and

general well-being, and, thus, is not subject to review under the

Order. No significant change in existing HUD policies or programs, as

those policies relate to family concerns, will result from promulgation

of this rule.

List of Subjects in 24 CFR Part 91

Grant programs--Indians, Homeownership, Low and moderate income

housing, Public housing.

Accordingly, 24 CFR part 91 is amended as follows:

PART 91--[AMENDED]

1. The authority citation for part 91 continues to read as follows:

Authority: 432 U.S.C. 3535(d), 3601-3619, 5301-5315, 11331-

11388, 12701-12711, 12741-12756, and 12901-12912.

2. In Sec. 91.15, paragraph (a)(2) is amended to read as follows:

Sec. 91.15 Submission date

(a) * * *

(2) In no event will HUD accept a submission earlier than November

15 or later than August 16 of the Federal fiscal year for which the

grant funds are appropriated, except for Fiscal Year 1995 in which HUD

will accept a submission no later than September 30, 1995. (Failure to

submit the plan by August 16 will automatically result in a loss of the

CDBG funds to which the jurisdiction would otherwise be entitled,

except for Fiscal Year 1995).

* * * * *

Dated: August 25, 1995.

Kenneth C. Williams,

Deputy Assistant Secretary for Grant Programs.

[FR Doc. 95-21587 Filed 8-29-95; 8:45 am]

BILLING CODE 4210-29-P