[Code of Federal Regulations] [Title 24, Volume 1] [Revised as of April 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR10.1] [Page 167-168] TITLE 24--HOUSING AND URBAN DEVELOPMENT PART 10_RULEMAKING: POLICY AND PROCEDURES--Table of Contents Subpart A_General Sec. 10.1 Policy. Subpart A_General Sec. 10.1 Policy. 10.2 Definitions. 10.3 Applicability. 10.4 Rules docket. Subpart B_Procedures 10.6 Initiation of rulemaking. 10.7 Advance Notice of Proposed Rulemaking. 10.8 Notice of proposed rulemaking. 10.10 Participation by interested persons. 10.12 Additional rulemaking proceedings. 10.14 Hearings. 10.16 Adoption of a final rule. 10.18 Petitions for reconsideration. 10.20 Petition for rulemaking. Authority: 42 U.S.C. 3535(d). Source: 44 FR 1606, Jan. 5, 1979, unless otherwise noted. It is the policy of the Department of Housing and Urban Development to provide for public participation in rulemaking with respect to all HUD programs and functions, including matters that relate to public property, loans, grants, benefits, or contracts even though such matters would not otherwise be subject to rulemaking by law or Executive policy. The Department therefore publishes notices of proposed rulemaking in the Federal Register and gives interested persons an opportunity to participate in the rulemaking through submission of written data, views, and arguments with or without opportunity for oral presentation. It is the policy of the Department that its notices of proposed rulemaking are to afford the public not less than sixty days for submission of comments. For some rules the Secretary will employ additional methods of inviting public participation. These methods include, but are not limited to, publishing Advance Notices of Proposed Rulemaking (ANPR), conducting public surveys, and convening public forums or panels. An ANPR will be used to solicit public comment early in the rulemaking process for significant rules unless the Secretary grants an exception based upon legitimate and pressing time constraints. Unless required by statute, notice and public procedure will be omitted if the Department determines in a particular case or class of cases that notice and public procedure are impracticable, unnecessary or contrary to the public interest. In a particular case, the reasons for the determination shall be stated in the rulemaking document. Notice and public procedure may also be omitted with respect to statements of policy, interpretative rules, rules governing the Department's organization or its own internal practices or procedures, or if a statute expressly so authorizes. A final substantive rule will be published not less than 30 days before its effective date, unless it grants or recognizes an exemption or relieves a restriction or unless the rule [[Page 168]] itself states good cause for taking effect upon publication or less than 30 days thereafter. Statements of policy and interpretative rules will usually be made effective on the date of publication. [44 FR 1606, Jan. 5, 1979, as amended at 47 FR 56625, Dec. 20, 1982]