Office of the Assistant Secretary for Housing-Federal Housing Commissioner, HUD.
This final rule complies with a court order to vacate HUD's rule entitled “Standards for Mortgagor's Investment in Mortgaged Property” published on October 1, 2007.
Effective Date: January 30, 2009.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Margaret Burns, Director, Office of Single Family Program Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; telephone number 202-708-2121 (this is not a toll-free number). 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.End Further Info End Preamble Start Supplemental Information
Pursuant to the February 29, 2008, order of the U.S. District Court for the Eastern District of California in Nehemiah Corporation of America v. Jackson, et al., No. S-07-2056 (E.D. Cal.), and the Start Printed Page 80298March 5, 2008, order of the U.S. District Court for the District of Columbia in Ameridream Inc., et al., v. Jackson, No. 07-1752 (D.D.C.) and Penobscot Indian Nation, et al., v. HUD, No. 07-1282 (D.D.C.), which vacated the final rule entitled “Standards for Mortgagor's Investment in Mortgaged Property”, published on October 1, 2007 (72 FR 56002), this final rule removes the regulation at 24 CFR 203.19, and reserves § 203.19.
Findings and Certifications
Justification for Final Rulemaking
In general, HUD publishes a rule for public comment before issuing a final rule, in accordance with its own regulations on rulemaking at 24 CFR part 10. Part 10, however, does provide, in § 10.1, for exceptions from that general rule where the HUD finds good cause to omit advance notice and public participation. The good cause requirement is satisfied when the prior public procedure is “impracticable, unnecessary, or contrary to the public interest.” HUD finds that good cause exists and prior public procedure is unnecessary because HUD has no discretion but to comply with the court order to vacate the October 1, 2007, final rule entitled, “Standards for Mortgagor's Investment in Mortgaged Property.” Public comment in this context would serve no purpose and is, therefore, unnecessary.
A Finding of No Significant Impact was not required for the October 1, 2007 final rule. Under 24 CFR 50.19(b)(6), that rule was categorically excluded from the requirements of the National Environmental Policy Act (42 U.S.C. 4332 et seq.) and that categorical exclusion continues to apply.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance Number for the principal Federal Housing Administration (FHA) single family mortgage insurance program is 14.117. This rule also applies through cross-referencing to FHA mortgage insurance for condominium units (14.133), and other smaller single family programs.Start List of Subjects
List of Subjects in 24 CFR Part 203
- Loan programs—housing and community development
- Mortgage insurance
- Reporting and recordkeeping requirements
Accordingly, the Department amendsEnd Amendment Part Start Part
PART 203—SINGLE FAMILY MORTGAGE INSURANCEEnd Part Start Amendment Part
1. The authority citation for part 203 continues to read as follows:End Amendment Part
2. Section 203.19 is removed and reserved.End Amendment Part Start Signature
Dated: December 19, 2008.
Ronald Y. Spraker,
Acting General Deputy Assistant Secretary for Housing—Acting Deputy Federal Housing Commissioner.
[FR Doc. E8-31060 Filed 12-30-08; 8:45 am]
BILLING CODE 4210-67-P