Federal Register: November 24, 2008 (Volume 73, Number 227)
DOCID: f:ua081106.wais FR Doc E8-21250
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
U.S. Customs and Border Protection
NOTICE: Part VII
DOCID: f:ua081106.wais
DOCUMENT ACTION: Semiannual regulatory agenda.
SUBJECT CATEGORY:
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
DOCUMENT SUMMARY:
In accordance with section 4(b) of Executive Order 12866 ``Regulatory Planning and Review,'' HUD is publishing its agenda of regulations already issued or that are expected to be issued during the next several months. The agenda also includes rules currently in effect that are under review and describes those regulations that may affect small entities, as required by section 602 of the Regulatory Flexibility Act. The purpose of publication of the agenda is to encourage more effective public participation in the regulatory process by providing the public with advance information about pending regulatory activities.
SUMMARY:
Housing and Urban Development Department
DOCUMENT BODY:
_______________________________________________________________________
DOCUMENT BODY 2:
24 CFR Subtitles A and B
[Docket No. FR5205N02]
Semiannual Regulatory Agenda
SUPPLEMENTAL INFORMATION
Executive Order 12866 ``Regulatory Planning and Review'' (58 FR 51735) requires each department or agency to prepare
semiannually an agenda of: (1) regulations that the department or
agency has issued or expects to issue and (2) rules currently in
effect that are under departmental or agency review. The Regulatory
Flexibility Act (5 U.S.C. 601 to 612) requires each department or
agency to publish semiannually a regulatory agenda of rules
expected to be proposed or promulgated that are likely to have a
significant economic impact on a substantial number of ``small
entities,'' meaning small businesses, small organizations, or small governmental jurisdictions. Executive Order 12866 and the
Regulatory Flexibility Act permit incorporation of the agenda
required by these two authorities with any other prescribed agenda.
HUD's regulatory agenda combines the information required by
Executive Order 12866 and the Regulatory Flexibility Act. In
addition, HUD's regulatory agenda contains certain information not
required by either the Executive order or by the Regulatory
Flexibility Act that the Department considers useful, both to
better inform the public and to enhance the Department's own
inventory control over its body of regulations. As was the case
with the fall 2007 edition of HUD's regulatory agenda, the Internet
will be the basic means for disseminating the fall 2008 Unified
Agenda. The complete Unified Agenda will be available online at
www.reginfo.gov, in a format that offers users a greatly enhanced
ability to obtain information from the Agenda database. Because
publication in the Federal Register is mandated for the regulatory
flexibility agendas by the Regulatory Flexibility Act (5 U.S.C.
602), the Department's published agenda entries include only:
(1) Rules that are in the Department's regulatory flexibility
agenda, in accordance with the Regulatory Flexibility Act, because
they are likely to have a significant economic impact on a substantial number of small entities; and
(2) Rules that the Department has identified for periodic
review under section 610 of the Regulatory Flexibility Act.
Publication of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. Additional information on these entries is available
in the Unified Agenda published online at www.reginfo.gov. In
addition, for fall editions of the Unified Agenda, the entire
Regulatory Plan will continue to be printed in the Federal
Register, as in past years, including the Department's regulatory plan.
The Department is subject to certain rulemaking requirements
set forth in the Department of Housing and Urban Development Act
(42 U.S.C. 3531 et seq.). Section 7(o) of the Department of Housing
and Urban Development Act (42 U.S.C. 3535(o)) requires that the Secretary transmit to the congressional committees having
jurisdictional oversight of HUD (the Senate Committee on Banking,
Housing, and Urban Affairs, and the House Committee on Financial
Services), a semiannual agenda of all rules or regulations that are
under development or review by the Department. A rule appearing on
the agenda cannot be published for comment before or during the
first 15 calendar days after transmittal of the agenda. Section
7(o) provides that if, within that period, either committee
notifies the Secretary that it intends to review any rule or
regulation that appears on the agenda, the Secretary must submit to
both committees a copy of the rule or regulation, in the form that
it is intended to be proposed, at least 15 calendar days before it
is to be published for comment. The semiannual agenda posted on
www.reginfo.gov is the agenda transmitted to the committees in compliance with the above requirements.
HUD has attempted to list in this agenda all regulations and
regulatory reviews pending at the time of publication, except for
minor and routine or repetitive actions, but some may have been
inadvertently omitted, or may have arisen too late to be included
in the published agenda. There is no legal significance to the
omission of an item from this agenda. Also, where a date is
provided for the next rulemaking action, the date is an estimate and is not a commitment to act on or by the date shown.
In some cases, HUD has withdrawn rules that were placed on
previous agendas for which there has been no publication activity.
Withdrawal of a rule does not necessarily mean that HUD will not
proceed with the rulemaking. Withdrawal allows HUD to assess the
subject matter further and determine whether rulemaking in that
area is appropriate. Following such an assessment, the Department
may determine that certain rules listed as withdrawn under this
agenda are appropriate. If that determination is made, such rules will be included in a succeeding semiannual agenda.
In addition, for a few rules that have been published as
proposed or interim rules and which, therefore, require further
rulemaking, HUD has identified the timing of the next action stage
as ``undetermined.'' These are rules that are still under review by HUD for which
[[Page 71389]]
a determination and timing of the next action stage have not yet been made.
Since the purpose of publication of the agenda is to encourage
more effective public participation in the regulatory process by
providing the public with early information about the Department's
future regulatory actions, HUD invites all interested members of the public to comment on the rules listed in the agenda.
Dated: September 2, 2008.
Roy A. Bernardi,
Deputy Secretary.
Office of HousingFinal Rule Stage
Regulation
Sequence Title Identifier
Number Number
365 24 CFR 3500 Real Estate Settlement Procedures Act (RESPA): Simplification and 2502AI61
Improvement of the Process of Obtaining Home Mortgages and Reducing Consumer Costs (FR
5180) (Reg Plan Seq No. 78)...........................................................
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
_______________________________________________________________________
Department of Housing and Urban Development (HUD) Final Rule Stage Office of Housing (OH)
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365. REAL ESTATE SETTLEMENT PROCEDURES ACT (RESPA): SIMPLIFICATION AND
IMPROVEMENT OF THE PROCESS OF OBTAINING HOME MORTGAGES AND REDUCING CONSUMER COSTS (FR5180)
Regulatory Plan: This entry is Seq. No. 78 in part II of this issue of
the Federal Register.
FOR FURTHER INFORMATION CONTACT
Aaron Santa Anna, Assistant General Counsel for Regulations, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 204100500; telephone number 2027083055. (This is not a tollfree number.) A telecommunications device for hearing and speechimpaired individuals (TTY) is available at 8008778339 (Federal Information Relay Service).