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Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations certifications submitted to HUD in connection with the receipt of Federal funds. HUD only intends to undertake such a review when it has reason to believe the certifications submitted are not supported by the recipients actions.
HUD expects these instances to be rare and will provide all required notice to recipients of any review to be undertaken.
Consistent with this interim final rule, HUD will separately restore the guidance and resources available for recipients use in conducting fair housing planning until such time as HUD finalizes a new regulation to implement the statutory mandate to AFFH at 42 U.S.C. 3608e5. While the AFFH Rule Guidebook was published to further the implementation of the 2015
AFFH rule, its content may assist recipients in identifying areas of analysis and strategies and actions that would overcome historic patterns of segregation, promote integration, increase access to opportunity, and ensure fair housing choice. As such, HUD will republish both the FHPG and the AFFH Rule Guidebook. It also will keep the AFFH Data and Mapping Tool the AFFHT publicly available,15 so that program participants have racial, socioeconomic, and other data to engage in fair housing planning.
HUD will also make available the Assessment Tool for Local Governments and the Assessment Tool for Public Housing Agencies, which previously were made available as an optional format to follow to conduct an AI, and which some program participants have chosen to use to guide their fair housing planning processes.
HUDs provision on a voluntary basis of a variety of familiar tools is intended to reduce the burden on recipients while ensuring that they have tools for fair housing planning in order to AFFH
as HUD works toward an implementation scheme that will further reduce burden for recipients while bolstering fair housing outcomes.
As noted, HUD will solicit comments through a separate NPRM on how to amend the 2015 AFFH rule to achieve both burden reduction and material, positive change that affirmatively furthers fair housing.
For the reasons described in this preamble, this rule is necessary to comply with the Congressional mandate to AFFH and the statutory certifications, consistent with the directive in the FY1998 appropriations. While HUD will solicit public comments on the NPRM
15 HUD has continued to update the data used in this tool on a yearly basis. The data was last updated in summer 2020.

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through separate Federal Register notice, HUD here requests and encourages public comments on all matters addressed in this interim final rule.
IV. Findings and Certifications Executive Orders 12866 and 13563, Regulatory Planning and Review 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 Executive Order. This interim final rule has been determined to be a significant regulatory action, as defined in section 3f of Executive Order 12866, but not economically significant. Because nothing in this rule imposes any specific regulatory requirements and because the substantive standard that this rule reinstates is one that program participants have long followed, HUD
anticipates that this rule will have no economic effects.
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. This interim final rule clarifies the obligation with which HUD grantees are already required to comply by statute. HUD, therefore, believes that this final rule would provide flexibility and freedom for HUD
grantees to AFFH, consistent with the statutory mandate, and is consistent with Executive Order 13563.
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 consultation and funding requirements of Section 6 of the Executive Order. This rule would not have federalism implications and would not impose substantial direct compliance costs on state and local governments or preempt
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state law within the meaning of the Executive Order.
Environmental Impact This final rule is a policy document that sets out fair housing and nondiscrimination standards.
Accordingly, under 24 CFR 50.19c3, this final rule is categorically excluded from environmental review under the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq..
Regulatory Flexibility Act The Regulatory Flexibility Act 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. Because HUD
determined that good cause exists to issue this rule without prior public comment, this rule is not subject to the requirement to publish an initial or final regulatory flexibility analysis under the RFA as part of such action.
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. The information collection requirements for Affirmatively Furthering Fair Housing collected have previously been approved by OMB under the Paperwork Reduction Act and assigned OMB
control number 25060117
Consolidated Plan, Annual Action Plan & Annual Performance Report.
Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 Pub. L. 1044;
approved March 22, 1995 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 rule does not impose any Federal mandates on any state, local, or tribal government, or on the private sector, within the meaning of the UMRA.
List of Subjects 24 CFR Part 5
Administrative practice and procedure, Aged, Claims, Crime, Government contracts, Grant programshousing and community development, Individuals with
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