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41284 Federal Register / Vol. 61, No. 153 /. Wednesday, August 7, 1996 /Rules and Regulations <br />Significant Impact with rasped fo the ~ .requirements bf24 CFR parts iii'and Authority: 42 U.S.C. 3soi-19: 4z U.S.C.- <br />envimnment were made is atxordanoe 115; which govern the certification and 3535(d) _ :. <br />with HUD regulations in 24 CFR part 30 :funding of State and local fair housing ' <br />that implement section 102(2)(C) of the enforcement agendas. This - - - Subpart A-General , <br />National Environmental Polity Ad of ~ • lldati 'will ' ` ' ~ ~ ~ ~ ' <br />1969 (42 U.S.C. 4332) at the time of • - •~• <br />development of reegulatia~ns ~ •• <br />implementing Sections 810(f) and 817 of <br />the Act. Those Findings remain ' - . <br />applicable to this rule, and are available <br />for public iaspactioa between 7:30 a.m. '• <br />and s:30 p.m. weekdays in the Office of <br />the Rules Docket Clerk, Room 10278; <br />Department of Housing and Urban' .~ ; <br />Development. 431 Seventh Street, SW, <br />waahingtoa, DC 20410-osoo. ' <br />Executives Order 1?61?. Federalism . . <br />The General Counsel. es the . <br />Designated Offidal. wader section e(a) <br />of Executive Order 12612. Federalism. ' <br />has determined that the polides <br />coataiaed in this rule will not have <br />substantial direct effects oa States or <br />their political subdivisions. or the <br />relationship between the Federal <br />government and the States. or on the <br />distribution of power sad , <br />responsibilities among the various <br />levels of government. This final rule <br />merely consolidates is a single part the <br />requirements for "aubstaatially <br />equivalent" oertificatioa sad <br />partidpation is the FHAP. It e$ects no <br />changes is the current relationships <br />between the Federal government. the . <br />States and their political subdivisfoaa is <br />connection with HUD pmgiams. <br />Executive Order 1?606. The Family <br />The General Counsel, as the <br />Designated Offidal wader Executive <br />Order 12806. The Family, has <br />determined that this final rule will not <br />have a potential significant impact on <br />family formation. maintenance. sad <br />general well-being and, thus, is not <br />subject to review under the Order. This <br />final rule only affects State sad local fair <br />housing enforcement agendas which <br />seek certification under section 810(f) of <br />the Act and partidpatioa in the FHAP. <br />No significant change is existing HUD <br />policies or programs will result from <br />promulgation of this final rule. as those <br />polities and programs tslate to family <br />concerns. <br />Regulatory Fleexibility Act <br />The Secretary, in accordance with the <br />Regulatory Flexibility Act (5 U.S.C. <br />605(b)) has reviewed and approved this <br />rule, and in so doing certifies that this <br />final rule will not have a significant <br />economic impact on a substantial <br />number of small entities. This rule <br />finalizes the policies and procedures net <br />forth in the February 28,1996 interim <br />rile. Specifically, it consolidates the <br />conso on assist enforcement <br />agendas. by providing all the necessary <br />requirements for certification and FHAP <br />pattiecipation in a single part. This final <br />rule does noE affect or establish '• <br />substantive polity. and wilt not has <br />nay eoaaomtc impact oa smaII eatitfes. <br />Lint of Subjects Z4 CFR Part 113 .: . <br />-Administrative practice and • <br />proc4dtire. Aged. Fats housing, . . <br />lndividtiab Mrith disabilities. <br />Intergovernmental reLtions. Mortgagee, <br />requistiments. recordkeeping <br />Accordingly, the interim rule <br />published on February 28.1996 at 61 FR <br />7874, removing part lil end revising <br />part 115 of title 24 of the Code of <br />Federal regulations is confirmed as final <br />with the following change: <br />Part liS is revised to read as follows: <br />PART 115--CERTIFICATION AND <br />FUNDlNG1 OF STATE ANO LOCAL FAIR <br />HOUSINQ ENFORCEMENT AGENCIES <br />Suubpart A--General <br />Sac . <br />it5.100 Deliesfdoa>is. <br />116.101 administration <br />115.102 Pub 'c notices. <br />Subpart e--Carttfieatton of Substantially <br />Equivalent Agencies <br />115.200 ~Ptupwe. <br />115.201 Basis of determination. <br />113.202 Criuria for adequary of law. <br />115.203 Performance standards. <br />113.204 Coasequeaces of certification. <br />115.205 Tadtnical assistance. <br />115.206 Raquast for certification. <br />IiS.207 Procedure for interim certification. <br />115.206 Suspension of interim certification. <br />I1S.20ti aW of interim certification. <br />tiS.210 ors fur cer•.ification. <br />113.213 Susptasioa of certification. • <br />115.212 Withdrawal of certifiation. <br />Housing Assistanu <br />IrS.300 <br />115.301 Agry eligibility criteria. <br />115.302 Capacity building funds. <br />115.303 Eligible activities fat ppacity <br />building toads. <br />115. eades eligible for contributions <br />~~ <br />115.305 Spedal enforcement effort (SEE) <br />funds. <br />115.306 Training funds. <br />115.307 Additional requirements for <br />partidpation in the FIiAP. <br />115.308 Standards for FHAP program <br />review. <br />113.309 Repor:irg sad recordxeeping <br />requirsraents. <br />115.310 Subcontracting under the FHAP. <br />115.311 Corrective and remedial action. <br />;115.100 DeAnitlons. <br />'`(aj The terms"Fair Housing Act" and <br />"HUD"; as used in this pert, are defined <br />is 24 CFR 5.100. ~ •. '; .... ,. <br />(b) The terms "_Aggrieved person". <br />~r COA~iGtiOA"~ . , . <br />"Candliat(on~emerrt•', _>. <br />"Disci3mfiiatory hotuing prac4iaer'. . <br />"'~ "Heortdieap", "Persvn"~ <br />"l?espoaiderit". ••Senetaey'•. and ~ . <br />"State". as used is this part. era set <br />forth is section 802 oPthe Fair Hoasiag <br />Act (42 U.S.C. 3800-3820). • . . <br />(c) Other definitions. The following <br />definitions also apply to this part: <br />Act means the Fair Houaiag Act, as• <br />defined in 24 CFR 5.100. <br />Assistant Seeastorymeaas•the <br />Assistant Secretary for Fair Housing and <br />Equal Opportunity.. <br />Certified Agency is as agency to <br />which the Assistant Secretary for Fair <br />Housing and Equal Opportunity has <br />granted interim cartificatioa or <br />certification. is accordance with the <br />requirements of this part. <br />Cooperative Agreement is 'the <br />assistance instrument HUD will use to <br />provide funds. The Cooperative <br />Agrseiaeat will oo~ataia attachments and <br />appendices establishing requirements <br />relating to the operation or performance <br />of the agenry. <br />Cooperative Agreement Officer ICAO) <br />is the administrator of the funds <br />awarded pursuant to this part and is the <br />Director of a Fair Housing Enforcement <br />Center in the Office of Fair Housing and <br />Equal Opportunity. <br />Director of FH20 means a Director of <br />a Fair Housing Enforcement Center. <br />Dual-Filed Complaint means a <br />housing discrimination complaint <br />which has been filed with both the Fair <br />Housi>ig Enforcement Center and the <br />certified agency. <br />FHAP mesas the Fair Housing <br />Assistance Program. <br />FHEO means the Office of Fair <br />Housing and Equal Opportunity. <br />;115.101 Program edininlstration. <br />(a) Authority and responsibility. The <br />Secretary has delegated the authority <br />and responsibility for administering this <br />part to the Assistant Secretary. <br />(b) Delegation of Authority. The <br />Assistant Secretary delegates the • <br />authority and responsibility for <br />administering this part to each Director <br />of a Fair Housing Enforcement Center. <br />However, with respect to the duties and <br />responsibilities for administering <br />subpart B of this part, the Assistant <br />