|
47
<br /> 41284 Federal Register /-vol. 61, No. 153 /.Wednesday, August 7, 1996 / Rules and Regulations .
<br /> Significant Impact with respect to the requirements bf 24 CFR parts 111'and' Authority:42 U S.C.3601-19:42 U.S.C.'
<br /> environment were made in accordance 115;which govern the certification and 3535(d) _
<br /> with HUD regulations in 24 CFR part 50 :funding of State and local fair housing Subpart A—General
<br /> that implement section 102(2)(C)of the enforcement agencies.This
<br /> National Environmental Policy Act of consolidation will assist enforcement `' _§11&10C) Definitions.
<br /> 1969(42 U.S.C.4332)at the time of agencies,by.providing all the necessary '(aj The terms"Fair Housing Act"and
<br /> development of regulations requirements for certification and FHAP "HU17'as used in this part,are defined
<br /> implementing Sections 810(f)and 817 of :partici'pation'n in a single pid This final in 24 CFR 5.100.
<br /> the Act.Those Findings remain rule does not affect or establish' (b)The terms"Aggrieved person
<br /> applicable to this rule,and are available substantive policy,and will not have '.Complainant',"Conciliation", ...
<br /> for public inspection between 7:30 a.m. - *any economic impact on small entities. "Conciliation agreement',
<br /> and Rules Do weekdays o the Office of List of Subjects 24 CFR Part 115 "Discrimittatory housing practice",
<br /> the Rules Docket Clerk.Room 10276x'' "Dwelling","Handicap";"Person
<br /> Department of Housing and Urban' Administrative practice and
<br /> Development,451 Seventh Street,SW, procedure,Aged,Fair housing, "Respondent',"Secretary",and
<br /> Washington,DC 20410-0500. Individuals with disabilities, State",as used in this part,are set
<br /> Intergovernmental relations,Mortgages, forth in section 802 of-the Fair Housing
<br /> Executive Order 12612,Federalism Act(42 U.S.C.3600-3620).
<br /> Reporting and recordkeeping � -
<br /> The General Counsel,as the requirements. (c)Other definitions.The following
<br /> Designated Official,under section 6(a) definitions also apply to this part:
<br /> g� Accordingly,the interim*rule
<br /> of Executive Order 12612,Federalism, published on February 28,1996 at 61 FR Act means the Fair Housing Act,as
<br /> has determined that the policies 7674,removing art 111 and revising defined in 24 CFR 5.100.
<br /> contained in this rule will not have e p g Assistant Secretary means the
<br /> substantial direct effects on States or p 115 of title 24 of the Code of Assistant Secretary for Fair Housing and
<br /> Federal regulations is confirmed as final E ual
<br /> their political subdivisions,or the with the following change: q OPp ortunit y'
<br /> relationship between the Federal part 115 is revised to read as follows: Certified Agency is an agency to
<br /> government and the States,or on the which the Assistant Secretary for Fair
<br /> distribution of power and PART 115—CERTIFICATION AND Housing and Equal Opportunity has
<br /> responsibilities among the various FUNDING OF STATE AND LOCAL FAIR granted interim certification or
<br /> levels of government.This final rule HOUSING ENFORCEMENT AGENCIES certification,in accordance with the
<br /> merely consolidates in a single part the • requirements of this part.
<br /> requirements for"substantially .Subpart A—General Cooperative Agreement is the
<br /> equivalent"certification and Sec. 1 assistance instrument HUD will use to
<br /> participation in the FHAP.It effects no 115:100 Definitions. provide funds.The Cooperative
<br /> changes in the current relationships 115.101 Program administration. Agreement will contain attachments and
<br /> between the Federal government,the . 115.102 Public notices. appendices establishing requirements
<br /> States and their political subdivisions in Subpart B---Certificatlon of Substantially relating to the operation or performance
<br /> connection with HUD programs. Equivalent Agencies of the agency.
<br /> Executive Order 12606, The Family 115.200 Purpose. Cooperative Agreement Officer(CAO)
<br /> 115.201 Basis of determination. is the administrator of the funds
<br /> The General Counsel,as the 115.202 Criteria for adequacy of law. awarded pursuant to this part and is the
<br /> Designated Official under Executive 115.203 Performance standards. Director of a Fair Housing Enforcement
<br /> Order 12606,The Family,has 115.204 Consequences of certification. Center in the Office of Fair Housing and
<br /> determined that this final rule will not 115.205 Technical assistance . Equal 115.206 Request for certification. Opportunity.
<br /> have a potential significant impact on 115.207 Procedure for interim certification. Director of FHL•`O means a Director of
<br /> family formation,maintenance,and 115.208 Suspension of interim certification. a Fair Housing Enforcement Center.
<br /> general well-being and,thus,is not 115.209 )denial of interim certification. Dual-Filed Complaint means a
<br /> subject to review under the Order.This 115.210 Procedure for certification. housing discrimination complaint
<br /> final rule only affects State and local fair 115.211 Suspension of certification. s which has been filed with both the Fair
<br /> housing enforcement agencies which 115.212 Withdrawal of certification. Housing Enforcement Center and the
<br /> seek certification under section 810(f)of Subpart C—Fair Housing Assistance certified agency.
<br /> the Act and participation in the FHAP. Program(FHAP) FHAP means the Fair Housing
<br /> No significant change in existing HUD 115.300 Purpose. Assistance Program.
<br /> policies or programs will result from 115.301 Agency eligibility criteria. FHEO means the Office of Fair
<br /> promulgation of this final rule,as those 115.302 Capacity building funds. Housing and Equal Opportunity.
<br /> polities and programs relate to family 115.303 Eligible activities for capacity
<br /> concerns. building fonds. §115.101 Program administration.
<br /> Regulatory Flexibility Act 115.304 Agencies eligible for contributions (a)Authority and responsibility.The
<br /> funds. Secretary has delegated the authority
<br /> The Secretary,in accordance with the 115.305 Special enforcement effort(SEE) and responsibility for administering this
<br /> Regulatory Flexibility Act(5 U.S.C. funds. part to the Assistant Secretary.
<br /> 605(b))has reviewed and approved this 115.306 Training funds. (b)Delegation of Authority.The
<br /> rule,and in so doing certifies that this 115.307 Additional requirements for Assistant Secretary delegates the
<br /> final rule will not have a significant participation in the FHAP. authority and responsibility for
<br /> 115.308 Standards for FHAP program
<br /> economic impact on a substantial review. administering this part to each Director
<br /> number of small entities.This rule of a Fair Housing Enforcement Center.
<br /> 115.309 Repor,ng and record'xeeping
<br /> finalizes the policies and procedures set requirements. However,with respect to the duties and
<br /> forth in the February 28,1996 interim 115.310 Subcontractin-under the FHAP. responsibilities for administering
<br /> rile.Specifically,it consolidates the 115.311 Corrective and remedial action. subpart B of this part.the Assistant
<br />
|