[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Rules and Regulations]
[Pages 76260-76262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30843]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 5, 84, and 85
[Docket No. FR-5350-F-02]
RIN 2501-AD50
Conforming Changes to Applicant Submission Requirements;
Implementing Federal Financial Report and Central Contractor
Registration Requirements
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
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SUMMARY: This final rule follows publication of a July 15, 2010,
interim rule that revised HUD regulations to reference the new
governmentwide Federal Financial Report (FFR) approved by the Office of
Management and Budget (OMB). The FFR consolidates requirements from the
OMB-issued Standard Forms SF-269, SF-269A, SF-272, and SF-272A into a
single governmentwide form. In incorporating reference to the new FFR
in its regulations, HUD amended its regulations to remove references to
old and outdated forms that are no longer in use. The July 15, 2010,
interim rule also codified the requirement that applicants for HUD
assistance possess an active Central Contractor Registration (CCR). HUD
is adopting the interim rule without change.
DATES: Effective Date: January 7, 2011.
FOR FURTHER INFORMATION CONTACT: Barbara Dorf, Director, Office of
Departmental Grants Management and Oversight, Office of Administration,
Chief Human Capital Officer, Department of Housing and Urban
Development, 451 7th Street, SW., Room 3156, Washington, DC 20410-0500,
telephone number 202-708-0667. Persons with hearing or speech
impairments may access this number through TTY by calling the toll-free
Federal Information Relay Service at 800-877-8339.
[[Page 76261]]
SUPPLEMENTARY INFORMATION:
I. Background
On July 15, 2010 (75 FR 41087), HUD published an interim rule that
revised HUD regulations to reference the new governmentwide FFR,
approved by OMB. The FFR provides a uniform, governmentwide format and
establishes standard reporting period end dates and due dates for the
submission of cash management and financial information. The FFR also
reduces the burden on grantees that are reporting using electronic
systems and simplifies reporting procedures for grantees to facilitate
uniformity in agencies' grantmaking process. HUD's July 15, 2010,
interim rule amended 24 CFR parts 84 and 85, by removing references to
old and outdated forms and substituting, where appropriate, the FFR.
The interim rule also amended Sec. Sec. 84.52 and 85.41 to conform to
reporting requirements to those provided for by the FFR.
HUD's July 15, 2010, interim rule also revised 24 CFR part 5 to
require that applicants, including private nonprofit organizations,
educational organizations, and State and regional agencies, that are
subject to Sec. 5.1001 register with CCR and have an active CCR
registration in order for HUD to obligate funds and in order for the
applicant to receive funds from HUD. CCR collects, validates, stores,
and disseminates data in support of agency missions, including Federal
agency contract and assistance awards, and the electronic payment
process. Codifying this registration requirement facilitates applicant
and awardee use of a single public Web site that consolidates data on
awards made under various types of Federal Financial Assistance,
pursuant to the Federal Funding Accountability and Transparency Act of
2006 (Transparency Act) (Pub. L. 109-282) (Transparency Act).
II. This Final Rule
This final rule follows publication of the July 15, 2010, interim
rule. The public comment period on the interim rule closed on September
13, 2010. HUD did not receive public comment on the interim rule. HUD
is adopting the interim rule without change.
III. Findings and Certifications
Executive Order 12866, Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and it was
not reviewed by OMB. This rule is not significant because it conforms
HUD regulations to refer to the FFR, removes outdated references to
forms that are obsolete, and codifies a requirement that HUD has
included for several years in its notices of funding availability.
Paperwork Reduction Act
The information collection requirements contained in this final
rule have been submitted to OMB under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501-3520). In accordance with the Paperwork Reduction
Act, an agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless the collection
displays a currently valid OMB control number. The OMB control number
for the FFR is 0348-0061.
Environmental Impact
This final rule does not direct, provide for assistance or loan and
mortgage insurance for, or otherwise govern or regulate real property
acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction; or establish, revise, or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this rule
is categorically excluded from environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321).
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements, unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
This final rule conforms HUD regulations to requirements applicable to
all grantees that are already in place, as a result of action
previously taken by OMB, and small entities were provided the
opportunity for comment in connection with OMB's publications. With
respect to financial reporting, this rule streamlines the financial
reporting requirement by replacing, with one form, the several that
have been used prior to Fiscal Year 2010 and, as a result, reducing the
burden on all entities, including small entities, by simplifying the
task of filing required financial reports. Similarly, CCR registration
has been required of applicants and grantees for HUD's competitive
programs to ensure the proper identity of applicants. This rule
codifies the CCR registration requirement that HUD grantees are already
meeting. Accordingly, the undersigned certifies that this rule will not
have a significant impact on a substantial number of small entities.
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
either imposes substantial direct compliance costs on State and local
governments and is not required by statute, or the rule preempts State
law, unless the agency meets the relevant requirements of section 6 of
the Executive Order. This final rule does not have federalism
implications and does not impose substantial direct compliance costs on
State and local governments or preempt State law within the meaning of
the Executive Order.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (12
U.S.C. 1531-1538) establishes requirements for Federal agencies to
assess the effects of their regulatory actions on State, local, and
Tribal governments, and on the private sector. This final rule would
not impose any Federal mandates on any State, local, or Tribal
governments, or on the private sector, within the meaning of UMRA.
List of Subjects
24 CFR Part 5
Administrative practice and procedure, Aged, Claims, Crime,
Government contracts, Grants programs--housing and community
development, Individuals with disabilities, Intergovernmental
relations, Loans programs--housing and community development, Low and
moderate income housing, Mortgage insurance, Penalties, Pets, Public
housing, Rent subsidies, Reporting and recordkeeping requirements,
Social Security, Unemployment compensation, Wages.
24 CFR Part 84
Accounting, Colleges and universities, Grant programs, Hospitals,
Non-profit organizations, Reporting and recordkeeping requirements.
24 CFR Part 85
Accounting, Grant programs, Indians, Intergovernmental relations,
Reporting and recordkeeping requirements.
0
Accordingly, the interim rule amending 24 CFR parts 5, 84, and 85,
which was published at 75 FR 41087 on July 15, 2010, is adopted as
final without change.
[[Page 76262]]
Dated: December 1, 2010.
Shaun Donovan,
Secretary.
[FR Doc. 2010-30843 Filed 12-7-10; 8:45 am]
BILLING CODE 4210-67-P