Quiero saber acerca de...

2592

Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Proposed Rules Regulatory Flexibility Act
development of more refined risk models and also allow rigorous assessment of the impacts of deficiencies, individually and in combination, on residents.
IV. Findings and Certifications Regulatory ReviewExecutive Orders 12866 and 13563
Pursuant to Executive Order 12866
Regulatory Planning and Review, a determination must be made whether a regulatory action is significant and therefore subject to review by the Office of Management and Budget OMB in accordance with the requirements of the order. Executive Order 13563
Improving Regulations and Regulatory Review directs executive agencies to analyze regulations that are outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned. Executive Order 13563 also directs that, where relevant, feasible, and consistent with regulatory objectives, and to the extent permitted by law, agencies are to identify and consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public.
HUD believes that this proposed rule, by consolidating physical condition inspection standards into a streamlined format and utilizing improved technology and methods will aid all partiesPHAs, property owners, agents, and inspectorsin complying with HUDs physical condition standards creating a smaller burden while maintaining or increasing the effectiveness of HUDs physical condition requirements. The proposed rule has been determined to be a significant regulatory action, as defined in section 3f of the Order, but not economically significant under section 3f1 of the Order. The docket file is available for public inspection online at www.regulations.gov.
Executive Order 13771, Regulatory Costs Executive Order 13771, entitled Reducing Regulation and Controlling Regulatory Costs, was issued on January 30, 2017. This proposed rule is expected to be an Executive Order 13771 deregulatory action. The requirements this proposed rule would place on the public are comparable to pre-existing requirements. This rule would also provide relief to small rural PHAs and certain qualifying properties and would provide relief by removing inconsistencies across HUDs programs, reducing compliance costs.

VerDate Sep<11>2014

17:44 Jan 12, 2021

Jkt 253001

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. There are 2,297 small PHAs all of which will be affected; however, the economic impact will not be significant.
The economic impact will not be significant because the proposed rule would not change the substantive requirement that HUD program participants are required to maintain the physical condition of HUD housing. The proposed rule would also, in most cases, maintain the same level of review for compliance in the form of physical inspections. Regulatory flexibility would be increased by allowing HUD to require less frequent inspections for high-performing PHAs under PHAS.
Regulatory relief would also be provided to small rural PHAs, which would only be subject to triennial inspections under PHAS. Accordingly, the undersigned certifies that the proposed rule will not have a significant economic impact on a substantial number of small entities.
Notwithstanding HUDs determination that this rule will not have a significant effect on a substantial number of small entities, HUD specifically invites comments regarding any less burdensome alternatives to this rule that will meet HUDs objectives as described in the preamble to this rule.
Environmental Impact A Finding of No Significant Impact with respect to the environment has been made in accordance with HUD
regulations at 24 CFR part 50, which implement section 1022C of the National Environmental Policy Act of 1969 42 U.S.C. 43322C. The Finding of No Significant Impact is available for public inspection between the hours of 8 a.m. and 5 p.m. weekdays in the Regulations Division, Office of General Counsel, Room 10276, Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 204100500. The FONSI is also available through the Federal eRulemaking Portal at http
www.regulations.gov.
Executive Order 13132, Federalism Executive Order 13132 entitled Federalism prohibits an agency from publishing any rule that has federalism implications if the rule either: i
PO 00000

Frm 00011

Fmt 4702

Sfmt 4702

Imposes substantial direct compliance costs on State and local governments and is not required by statute, or ii preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This proposed rule would merely revise existing Federal standards in a way which would not increase or decrease compliance costs on State or local governments and therefore does not have federalism implications and would 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 2 U.S.C. 1531
1538 UMRA 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 proposed rule would not impose any Federal mandates on any State, local, or tribal governments, or on the private sector, within the meaning of the UMRA.
Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 44 U.S.C. 3501
3520, 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 Office of Management and Budget OMB control number.
Except for the self-inspection report requirements, the information collection requirements contained in this proposed rule have been approved by OMB under the Paperwork Reduction Act and assigned OMB control numbers 2502
0369 Uniform Physical Standards and Physical Inspection Requirements, 25770241 Exigent Health and Safety Deficiency Correction Certification, 25770257 Public Housing Assessment System PHAS Appeals, Technical Reviews and Database Adjustments, 25770289 National Standards for the Physical Inspection of Real Estate NSPIRE, and 25770169 HCV
Program and Tribal HUDVASH. The collection requirements will be amended to reflect the altered burden contained in this proposed rule. The current PRA HCV Program and Tribal HUDVASH OMB 25770169
authorizes collection of unit inspection data from PHAs as part of their participation in the HCV and PBV
programs. This proposed rule will not require a modification to this approved collection.

E:FRFM13JAP1.SGM

13JAP1