Extension of Regulatory and Administrative Waivers Granted for Public and Indian Housing Programs To Assist With Recovery and Relief in Hurricanes Katrina, Rita, and Wilma Disaster Areas, 78022-78031 [06-9902]

Download as PDF 78022 Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5018–N–02] Extension of Regulatory and Administrative Waivers Granted for Public and Indian Housing Programs To Assist With Recovery and Relief in Hurricanes Katrina, Rita, and Wilma Disaster Areas Office of the Assistant Secretary for Public and Indian Housing, HUD. ACTION: Notice. sroberts on PROD1PC70 with NOTICES AGENCY: SUMMARY: This notice advises the public of HUD’s decision to extend for an additional period ending December 31, 2007, or for such other period as specified in this notice (e.g., Uniform Financial Reporting Standards (UFRS) and Public Housing Assessment System (PHAS) waivers) certain HUD regulations and other administrative requirements governing HUD’s Office of Public and Indian Housing (PIH) programs that were identified and waived or deferred under notices of Regulatory and Administrative Waivers Granted for Public and Indian Housing Programs to Assist with Recovery and Relief in Hurricanes Katrina, Rita, and Wilma Disaster Areas, published October 3, 2005, November 1, 2005, and March 13, 2006. The requirements in these three notices were waived or deferred in order to facilitate the delivery of safe and decent housing under these programs to families and individuals who were displaced from their housing by Hurricanes Katrina, Rita, and Wilma. This notice provides that entities that administer PIH programs, which include public housing agencies (PHAs), tribally designated housing entities (TDHEs), and local and tribal governments, and that are located in an area declared by the President to be a federal disaster area as a result of Hurricane Katrina, Rita, or Wilma, and that previously notified HUD that they were deferring compliance with the program requirements identified in the three Federal Register notices, may continue to defer compliance with the regulations and requirements listed in this notice for an additional period ending December 31, 2007, or for such other period as specified in this notice (e.g., for UFRS and PHAS waivers). The additional waiver period is subject to the program administrator submitting a notification to HUD, within 45 calendar days of the effective date of this notice, advising of the intent to defer compliance with the program requirements identified in this notice, VerDate Aug<31>2005 00:17 Dec 27, 2006 Jkt 211001 unless a specific waiver provision states: (1) That the waiver will be applied automatically or (2) the specific waiver does not require such notification. PIH program administrators that are not located in a disaster area but are continuing to assist with Hurricane Katrina, Rita, or Wilma recovery and relief and have requested and were approved for waiver of the regulations and administrative requirements listed in this notice under the original waiver notices, may request waiver or deferral of the requirements for an additional period ending December 31, 2007, or for such other period as specified in this notice (e.g., under UFRS and PHAS waivers), with justification of the need for more time, unless a specific waiver provision states it will be applied automatically. HUD will review and respond to waiver requests through an expedited process that assigns priority to these requests and maximizes use of electronic communications to speed response time. PIH program administrators, located in an area declared a federal disaster area as a result of Hurricane Katrina, Rita, or Wilma, or PIH program administrators not located in such an area but continuing to assist with Hurricane Katrina, Rita, or Wilma relief and recovery efforts, may defer compliance or request waiver of a regulation or other administrative requirement, respectively, through the expedited waiver process provided in this notice. This notice applies only to PIH programs or to cross-cutting regulatory or administrative requirements that are applicable to PIH program administrators. In addition to the regulatory and administrative requirements cited in the notice of waivers granted to assist with recovery and relief in Hurricane Katrina disaster areas, this notice includes a waiver, identified in Section III.A.2 of the notices of waivers granted to assist with recovery and relief in Hurricane Rita disaster areas, for an extension for improved performance by certain PHAs located in areas declared a federal disaster area as a result of Hurricane Katrina. DATES: Effective Date: December 28, 2006. FOR FURTHER INFORMATION CONTACT: PIH Disaster Relief Officer, Office of Policy Programs and Legislation, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 4116, Washington, DC 20410–5000; telephone numbers (202) 708–4016, extension 4245, or (202) 708–0713, extension PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 7651. Persons with hearing or speech impairments may access this number via TTY by calling the Federal Information Relay Service at (800) 877– 8339. SUPPLEMENTARY INFORMATION: I. Background Information In late August 2005, Hurricane Katrina hit the Gulf Coast area of the United States, causing unprecedented and catastrophic damage to property, significant loss of life, and the displacement of tens of thousands of individuals and families from their homes and communities. Hurricane Rita soon followed, adding to the damage to property and displacement of individuals and families from their homes and communities that already had been caused by Hurricane Katrina. After Hurricane Katrina struck, the President called upon all federal agencies to do everything in their power to assist the victims, with the top priority to save and sustain lives. The President later directed federal agencies to include victims of Hurricane Rita in relief and recovery efforts underway for victims of Hurricane Katrina. With recognition that shelter is key to saving and sustaining lives, and following the President’s direction to eliminate or reduce ‘‘red tape’’ that would impede the delivery of federal financial assistance and other needed benefits, the October 3, 2005, and November 1, 2005, notices identified HUD regulations and other administrative requirements governing HUD’s PIH programs that were waived or temporarily suspended or deferred in an area declared by the President to be a federal disaster area as a result of Hurricanes Katrina or Rita (‘‘disaster area’’). In addition, HUD provided an expedited review process to waive the requirements listed in the notices, upon request from PIH program administrators that were not located in disaster areas but were assisting with Hurricane Katrina or Rita recovery and relief efforts. In a notice published March 13, 2006, similar relief from the same regulatory and administrative requirements was offered to PIH program administrators in areas declared a disaster as a result of Hurricane Wilma (71 FR 12988). In developing the waiver notices, PIH examined the regulations governing its programs and recommended waiver or temporary suspension or deferral of those regulations that it believed could impede PIH program administrators from expeditiously helping to house PIH program participants who lost housing as a result of Hurricanes Katrina and E:\FR\FM\27DEN2.SGM 27DEN2 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices Rita, as well as others who needed housing assistance under PIH programs as a result of the hurricanes. The waivers allowed PIH program administrators located in disaster areas to defer compliance with the requirements listed in the notices for an initial period of 12 months under the notification process described in the three notices. The requirements listed in the notices that were deferred, or temporarily suspended by waiver, included regulatory and other administrative provisions that require periodic reporting and other information delivery by PHAs, Indian tribes, and TDHEs. While such reporting is important to ensure effective and efficient administration of PIH programs, those requirements were waived so that PIH program administrators could focus their time and resources on identifying and providing decent and safe housing during the period of unparalleled displacement of families and individuals. For the majority of the regulations and administrative requirements listed in the previously published notices and for which a waiver was granted, HUD did not waive the requirements entirely but deferred compliance until such time as compliance would be feasible. For example, in many cases HUD extended deadlines for reports or other documents that PIH program administrators must submit to HUD. Because the devastation caused by Hurricanes Katrina and Rita was unprecedented, and the need for housing and other basic life-saving and sustaining relief was widespread and immediate, HUD relied on its experienced local partners in the HUD housing-assistance programs who are in the front-line of recovery efforts to meet the challenge of providing decent, safe, and sanitary housing as expeditiously as possible and to comply to the extent possible with the regulations that promote that goal. HUD did not want the time and resources of PHAs, Indian tribes, and TDHEs diverted by requirements that are important but could be deferred until a degree of normalcy in operations returned in the disaster areas. As the recovery period proceeded, HUD indicated it might: (1) identify other regulations for which waiver or temporary deferral or suspension is needed or (2) determine that other alternative requirements may be necessary to assist with facilitation of delivery of housing to those most in need. Any additional HUD waivers or suspensions or other alternative requirements would be announced by VerDate Aug<31>2005 00:17 Dec 27, 2006 Jkt 211001 direct notice to PIH program administrators and by Federal Register publication. PIH program administrators not located in a disaster area but assisting with Hurricane Katrina recovery and relief efforts could request waiver of the regulations and administrative requirements through the expedited waiver request and response process set forth in the waiver notices. In addition to HUD’s waiver of regulatory requirements in the previously published notices, HUD also identified statutory provisions that contain built-in waiver provisions that allow administrative waiver of the statutory requirements for cause. Certain of those provisions were included in Section III.A of the October 3, 2005, notice. An additional provision was included in Section III.A.2 of the November 1, 2005, notice, for an extension for improved performance by certain PHAs located in areas declared a federal disaster area as a result of Hurricane Katrina. The three previously published notices listed HUD regulatory and administrative requirements that PIH determined needed to be waived or temporarily deferred or suspended during the Hurricanes Katrina, Rita, and Wilma recovery periods. If PHAs, Indian tribes, and TDHEs, and other PIH program administrators identified other regulations that they believed should be waived, they were advised to seek a waiver by submitting a waiver request that specified the need for a waiver. Section II of each notice described the expedited waiver process, and that process is explained in Section II of this notice. The extension of certain requirements provided by this notice underscores the unprecedented devastation caused by the hurricanes of 2005, and the additional time needed to recover from such devastation. II. Waiver Process A. For PIH Program Administrators in Declared Disaster Areas 1. The Waiver Process Previously Established. This notice continues the process for notification to HUD by program administrators of their intent to use, or their actual use of, the waived or deferred requirements under the previously published notices, with some exceptions, as described here in section II. The previous notices provided that entities that administer public or Indian housing or voucher programs and were located in the areas declared a federal disaster area as a result of Hurricanes Katrina, Rita, and Wilma could defer or PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 78023 suspend compliance with the regulations and other administrative requirements listed in each notice, with the exception of the waiver of the provision in Section III.B.12, upon the effective date of each notice, for an initial period of 12 months or for such other period as may be specified in each notice. These entities, however, were advised to notify HUD within 2 weeks of the determination of any need to utilize the waived requirements in each notice, or as soon as possible, by contacting HUD in the manner detailed in the following paragraph. An official of the PHA, TDHE, or tribal or local government that had a need and intended to suspend compliance with or defer the requirements listed in each notice was required to contact HUD in writing (email communication was allowed) and identify the requirements by section and number utilized in each notice (e.g., Section III.A.2, Section III.B.1, 2, or 3, etc., or ‘‘all of the waived or suspended requirements in Section III.’’). The following e-mail addresses were established in order to expedite the process: PIH_Disaster_Relief@hud.gov, PIH_Ritadisaster_Relief@hud.gov, and PIH_Wilmadisaster_Relief@hud.gov. This process was described as a notification only, and HUD asked that the notification be made to HUD no later than 2 weeks after a PHA determined the need to rely on one or more or all of the waived or suspended requirements in each notice. While, as noted earlier in this notice, HUD did not want to impose additional administrative requirements on PIH program administrators located in the disaster areas during the recovery period, it was important for HUD to know (and helpful for HUD to know) how these entities were administering their PIH programs during the recovery period. HUD maintains information on the PHAs, Indian tribes, and TDHEs that elected to defer compliance with certain regulatory and administrative requirements in accordance with each notice. A list of those PHAs, Indian tribes, or TDHEs are included as an appendix to this notice. The previously published notices provide that certain regulations or administrative requirements would remain inapplicable for a period of 12 months and would be considered waived or suspended by HUD for an additional 3 months upon notification to HUD, following the same notification process described above. 2. The Waiver Process for this Notice. HUD will continue to use the waiver process previously established, with some exceptions. First, HUD has since E:\FR\FM\27DEN2.SGM 27DEN2 78024 Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices sroberts on PROD1PC70 with NOTICES determined that timely notification of an entity’s intent to use, or its actual use of the waivers or deferral periods is essential to effective program administration, and in light of the intervening period for entities to determine whether they need relief, HUD is now requiring that such notifications or waiver requests must be submitted to HUD within 45 calendar days of the publication of this notice as described in Section IV, unless a specific waiver provision states the waiver will be applied automatically, or the specific waiver does not require such notification. Secondly, under this notice there is not an additional 3month deferral period beyond the initial 12-month period granted under the original notices, and the period for deferral ends December 31, 2007, regardless of the expiration dates of the 15-month deferral periods granted under the original three notices. Finally, some regulatory or administrative requirements included in the original notices are not eligible for continued deferral in this notice, and are identified in Section III below. B. For PIH Program Participants in NonDisaster Declared Areas The previous notices provided that PIH program administrators not located in a disaster area but that were contributing to Hurricanes Katrina and Rita relief and recovery efforts could request a waiver of the regulations or administrative requirements listed in each of the original notices by e-mailing a request for a waiver to PIH_Disaster_Relief@hud.gov, PIH_Ritadisaster_Relief@hud.gov, or PIH_Wilmadisaster_Relief@hud.gov. The request was required to specify the need for the waiver of the requirement. HUD would review and respond to waiver requests submitted through the e-mail addresses using an expedited waiver process that would assign a priority to such requests and maximize the use of electronic communications. As with the previous notices, this notice provides that PIH program administrators not located in a disaster area but contributing to the relief and recovery efforts must request a waiver of the regulations or administrative requirements by e-mailing the request for a waiver to PIH_Disaster_Relief@hud.gov, PIH_Ritadisaster_Relief@hud.gov, or PIH_Wilmadisaster_Relief@hud.gov. This process remains in effect unless a specific waiver provision (e.g., under UFRS or PHAS) states that it will be applied automatically to the nondisaster PHAs that previously requested and received the waivers under the VerDate Aug<31>2005 00:17 Dec 27, 2006 Jkt 211001 original notices, or if a specific waiver is not eligible for continued deferral, as identified in Section III below. C. Regulations and Requirements Not Waived in This Notice In the three prior notices published previously, HUD provided that, for any regulation or other administrative requirement not listed in each notice for which a PIH program administrator sought a waiver or suspension, the program administrator could seek a waiver by e-mailing a request to PIH_Disaster_Relief@hud.gov, PIH_Ritadisaster_Relief@hud.gov, and PIH_Wilmadisaster_Relief@hud.gov. Any such request had to specify the need for the waiver of the requirement. As noted earlier in this notice, waiver requests submitted through each e-mail address would receive expedited and priority processing, and HUD would respond to the requestor by e-mail. That expedited waiver process was provided only for waiver or suspension of requirements that would assist with Hurricanes Katrina, Rita, and Wilma relief and recovery efforts. HUD would not respond to any waiver requests submitted to any of the hurricane designated e-mail addresses that were unrelated to relief and recovery of the disaster areas. This process remains in effect for this notice. III. Authority to Grant Waivers In general, waivers of HUD regulations are handled on a case-bycase basis. Under statutory requirements set forth in section 7(q) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(q)), a regulated party that seeks a waiver of a HUD regulation must request a waiver from HUD in writing and the request must specify the need for the waiver. HUD then responds to the request in writing and, if the waiver is granted, HUD includes a summary of the waiver granted (and all regulatory waivers granted during a 3-month period) in a Federal Register notice that is published quarterly. Since the damage to property and the displacement of families and individuals in the disaster areas was massive, and the need for regulatory relief in many areas pertaining to HUD-assisted housing readily apparent, HUD suspended its usual regulatory waiver protocols for the disaster areas and substituted an expedited process that meets the requirements of section 7(q). In its quarterly notice of regulations waived, HUD identifies the PIH program administrators in the disaster areas that are utilizing: (1) One or more of the PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 waived regulations in the three notices or (2) other regulations for which a waiver was requested or granted. The quarterly notice also identifies PIH program administrators that are located in non-federally declared disaster areas and are contributing to Hurricane Katrina, Rita, or Wilma relief and recovery efforts, and that requested and were granted waivers in accordance with the waiver process, as provided in each notice. The regulatory and administrative requirements set forth in Section III of each of the prior notices were waived or temporarily deferred or suspended, as provided in each notice. This action was determined necessary to help PIH program administrators in the disaster areas in the identification and delivery of housing for families and individuals displaced from their homes by Hurricanes Katrina, Rita, and Wilma. With respect to this notice, the term ‘‘PIH program administrators,’’ as referenced in Section III of this notice, includes those PHAs, tribes, and TDHEs located in disaster areas. As the preceding discussion discloses, the process for deferring compliance with certain requirements listed in this notice is similar to the process utilized under the previously published notices, with some exceptions. First, PHAs, tribes, and TDHEs located in a federally declared disaster area will be required to notify HUD within 45 calendar days of the effective date of this notice that they intend to continue deferring compliance during the extended waiver period. If the PHAs, tribes, and TDHEs are outside the disaster areas but are continuing to assist recovery efforts, they must submit a new waiver request during the extended waiver period. Secondly, some waivers (e.g., UFRS, PHAS) will be automatically applied to PHAs, tribes, and TDHEs that previously notified HUD they were deferring compliance or that requested the waiver and were granted approval to defer compliance. Finally, this notice does not provide an extension of deferral of compliance with the following requirements: A. Requirements for Which No Waiver Extension Is Provided by This Notice 1. Waiver of Indian Community Development Block Grant Program (ICDBG) 50 Percent Downpayment Assistance Limitation for Low- and Moderate-Income Homebuyers. Section 122 of the Housing and Community Development Act of 1974 (‘‘Act’’) (42 U.S.C. 5321) authorizes the Secretary to suspend requirements for activities that address the damage in a Presidentially declared disaster area. Section E:\FR\FM\27DEN2.SGM 27DEN2 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices 105(a)(24)(D) of the Act (42 U.S.C. 5305) permits a grantee to provide downpayment assistance to low- and moderate-income homebuyers, but limits the assistance to 50 percent of the amount of downpayment the homebuyer must provide. Because of the extraordinary need for housing among low- and moderate-income evacuees, HUD found good cause to permit downpayment assistance of up to 100 percent for the purchase of homes in the disaster area. Based on consultation with affected entities, this waiver is not extended. 2. 24 CFR 5.216(g)(5) (Disclosure and Verification of Social Security and Employer Identification Numbers). Section 5.216 addresses the disclosure and verification of Social Security Numbers and employer identification numbers of applicants for assistance under certain HUD-assisted housing programs. Section 5.216(g) imposes special documentation requirements on applicants, and subsection (g)(5) establishes the time limit for submission of this documentation. The time period required for submission of verification documents was waived for a period of 3 months, in the case of all families, and, with HUD approval, for a period not to exceed 12 months. Under this notice, this waiver is not extended. The use of Social Security and employer identification numbers is essential for updating and maintaining HUD’s management information systems and the Department’s key initiatives for ensuring accurate reporting. As a result, HUD believes it is not advisable to further extend the time frames for disclosures and submitting verification documents. 3. 24 CFR 5.512(c) (Verification of Eligible Immigration Status; Secondary Verification). Section 5.512 provides the process by which verification of eligible immigration status must be undertaken for families seeking assistance under certain HUD programs. While the declaration of eligibility and this verification process is required by statute and cannot be waived, HUD does have the authority to waive certain deadlines. Section 5.512(d) provides the time frame under which a secondary verification must be requested from the Immigration and Customs Enforcement (ICE), by the responsible entity, when the primary verification (the automated verification system) is not conclusive of immigration status. The responsible entity must submit a request to ICE to undertake a secondary verification within 10 days of receipt of the results of the primary verification, and must provide the ICE with all records on the applicant, evidencing citizen or eligible VerDate Aug<31>2005 00:17 Dec 27, 2006 Jkt 211001 immigration status, that the applicant has provided to the responsible entity. The three previous notices expanded the time frame under which a secondary verification must be requested, from 10 days after the date of the results of the primary verification to 90 days after such date. Under this notice, this waiver is not extended. HUD believes it is not advisable to further extend the time frames for requesting from ICE the secondary verifications of eligible immigration status. 4. 24 CFR 1000.156 and 1000.158 Indian Housing Block Grant (IHBG) Moderate Design Requirements for Housing Development. The IHBG program regulations at §§ 1000.156 and 1000.158 require that housing developed with IHBG funds must be of moderate design. Under these regulatory sections, IHBG recipients must either adopt written moderate design standards or comply with the total development cost (TDC) limits issued by HUD. In recognition of the higher development costs in communities affected by Hurricane Katrina, and to facilitate the development of housing for families in such communities, these moderate design requirements were waived for IHBG recipients until issuance of new TDC levels. Based on consultation with affected entities, this waiver is not extended. 5. 24 CFR 1000.214 (Indian Housing Plan (IHP) Submission Deadline). To receive an IHBG formula allocation, an Indian tribe or its TDHE must annually submit an IHP to HUD describing the affordable housing activities the Indian tribe or TDHE will undertake. Section 1000.214 requires that the IHP must be submitted to HUD no later than July 1 of each year. This section was waived to permit tribes and TDHEs to undertake affordable housing activities on behalf of families displaced by Hurricane Katrina, Rita, or Wilma, although such activities may not have been identified in the IHP originally submitted by the tribe or TDHE. Based on consultation with affected entities, this waiver is not extended. 6. 24 CFR 1003.400(c) and Section I.C. of Fiscal Year (FY) 2005 ICDBG Program Notice of Funding Availability (NOFA) (Grant Ceilings for ICDBG Imminent Threat Applications). The ICDBG regulations at § 1003.400(c) provide that HUD will establish grant ceilings for imminent threat applications. On March 21, 2005, HUD published its FY2005 ICDBG NOFA as part of HUD’s FY2005 SuperNOFA (70 FR 13655). Section I.C. of the FY2005 ICDBG NOFA specifies that the grant ceiling for ICDBG imminent threat requests for FY2005 is PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 78025 $425,000. This grant ceiling was waived to permit applicants to request imminent threat funding in excess of $425,000, if necessary to address disaster-related needs in their communities. This waiver is not extended. The grant ceiling requirement was included as part of the FY2005 ICDBG grant funding cycle, which has passed. 7. 24 CFR 1003.401 and Section I.C. of FY2005 ICDBG NOFA (Application Requirements for ICDBG Imminent Threat Funds). The ICDBG regulations at § 1003.401 provide that, in response to applications for assistance, HUD may make ICDBG funds available to applicants to address imminent threats to health and safety. The regulations further provide that applications must contain the information specified by the annual ICDBG NOFA. For FY2005, the required information that must be contained for imminent threat applications is located in Section I.C. of the FY2005 ICDBG NOFA. These application requirements were waived to permit Indian tribes located in areas affected by Hurricane Katrina to more expeditiously request and receive ICDBG imminent threat funds. This waiver is not extended. The application requirements waived were part of the FY2005 ICDBG grant funding cycle, which has passed. 8. 24 CFR 1003.604 (ICDBG Citizen Participation Requirements). The ICDBG regulations at § 1003.604 require applicants to consult with residents prior to submitting their funding applications. The consultation requirements have the potential to delay the ability of ICDBG recipients to address urgent housing, health, and safety needs of persons displaced by Hurricane Katrina. Accordingly, this section was waived to permit eligible ICDBG applicants to address disasterrelated needs without the need for prior resident consultation. This waiver is not extended. The resident consultation requirement was waived as part of the FY2005 ICDBG grant funding cycle, which has passed. 9. 24 CFR 982.206 (Waiting List; Opening and Public Notice). This section requires a PHA to give public notice that families may apply for tenant-based assistance. The regulation requires a PHA to publish, in a local newspaper of general circulation, and also by minority media and other suitable means, a notice of the opening of the waiting list. The requirement to publish in a newspaper of general circulation and also by minority media was waived, and a PHA was permitted to provide such information on its website and at any of its offices, and in E:\FR\FM\27DEN2.SGM 27DEN2 78026 Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices sroberts on PROD1PC70 with NOTICES a voice mail message for any callers that may inquire whether a list is opened. Under this notice, the waiver of the requirement for publishing a notice of the opening of a waiting list, in local newspapers of general circulation and in minority media or other means, is not extended. In the 15 months after the hurricanes, PHAs should now have the ability to secure publication of the opening of their waiting lists. It is especially important to relocation efforts that PHAs advertise, in a variety of media, that they are now ready to accept tenant applications. B. Requirements Eligible under this Notice for Continued Extension of Deferral of Compliance The following requirements are eligible for continued deferment of compliance, in accordance with the procedures of this notice and subject to any specific conditions that may be identified in the description of the requirement for which compliance may be deferred. 1. Statutory Requirements with BuiltIn Waiver Authority. a. Extension of Deadline for Obligation and Expenditure of Capital Funds. Section 9(j)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437g(j)(2)) (1937 Act) authorizes the Secretary to extend the time period for obligation of capital funds by PHAs, as set forth in section 9(j)(1), for such period as the Secretary determines necessary if the Secretary determines that the failure of the PHA to obligate assistance in a timely manner is attributable to, among other criteria listed, an event beyond the control of the PHA, or any other reason established by the Secretary by notice published in the Federal Register. Pursuant to section 9(j)(1) of the 1937 Act, PHAs are required to obligate capital funds not later than 24 months after the date on which the funds became available, or the date on which the PHA accumulates adequate funds to undertake modernization, substantial rehabilitation, or new construction of units, plus the period of any extension approved under section 9(j)(2). Because Hurricane Katrina was beyond the control of the PHAs located in the disaster areas and caused such massive and widespread destruction and displacement, the obligation deadline under section 9(j)(1) of the 1937 Act is hereby extended, pursuant to section 9(j)(2) of the 1937 Act, for an additional 12 months for PHAs located in the areas declared a federal disaster area. In addition, section 9(j)(5)(A) of the 1937 Act requires a PHA to expend capital funds not later than 4 years after VerDate Aug<31>2005 00:17 Dec 27, 2006 Jkt 211001 the date on which the funds become available for obligation, plus the period of any extension approved under section 9(j)(2). The expenditure period under section 9(j)(5) is accordingly also extended in the affected areas for 12 months to include the extension approved under section 9(j)(2). The extension of the section 9(j) obligation and extension deadlines made in this notice also apply to the implementing regulation for section 9(j) at 24 CFR 905.120. Under this extension notice, the original deadlines for obligation and expenditure of capital funds may be extended an additional 12 months from the initial 12 months plus subsequent 3 months made available under the Katrina, Rita, and Wilma regulatory and administrative waiver notices for all PHAs in federally declared disaster areas that previously notified HUD they were suspending compliance with this requirement, thereby allowing a total of 27 additional months beyond the original obligation and expenditure deadlines, subject to submission to HUD of the necessary notification or waiver request to cover the extended waiver period, as explained in the Summary and Section II.A.(2) of this notice. b. Extension of Deadlines for Improvement of PHAs Designated Troubled or Substandard (Extension Available for PHAs in Hurricane Rita as well as Hurricane Katrina Disaster Areas). Sections 6(j)(3)(B)(ii)(I) and (II) of the 1937 Act (42 U.S.C. 1437d(j)(3)(B)(ii)(I) and (II)) and the implementing regulations for these sections at 24 CFR 902.75(d)(1) and (2) require that a PHA designated as troubled improve its performance by 50 percent within one year of such designation, and improve its performance to no longer be designated as troubled within 2 years of such designation. The implementing regulations also apply these one- and 2year deadlines for improvement to PHAs designated as overall troubled and substandard. The consequences for failure to timely achieve the required improvements could require the appointment of a receiver for the PHA, pursuant to section 6(j)(3)(B)(ii)(III) of the 1937 Act and 24 CFR 902.77 of the implementing regulations. The apparent meaning of the provision is that Congress intended that a troubled PHA would have one or 2 uninterrupted years of continuous operation during which to improve its performance so that it is no longer designated as troubled, before the actions by the Secretary required under section (6)(j)(3)(B)(ii)(III) would be triggered. PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 HUD has determined that because the extraordinary conditions created by Hurricanes Katrina and Rita cited throughout this notice and the notice published on October 3, 2005 (70 FR 57716), were caused by acts outside the control of any PHA, and outside the control of any government or private entity, and because such conditions interrupted the one-or 2-year period of contemplated continuous operation of the troubled agency in the disaster areas, the Secretary will extend, by 12 months, each of the respective periods for improvement under sections 6(j)(3)(B)(ii)(I) and (II) of the 1937 Act and the implementing regulations for these sections (at 24 CFR 902.75(d)(1) and (2)) for troubled or substandard PHAs in the disaster area that were substantially impacted by Hurricanes Katrina and Rita. This action will permit the administrators of affected PHAs designated as troubled or substandard to devote their attention to the fullest extent necessary to address the problems created by the disaster. Under this extension notice, the respective periods for improvement are extended by an additional 12 months from the initial 12 months plus subsequent 3 months made available under the prior Katrina, Rita, and Wilma regulatory and administrative waiver notices, for a total of 27 months beyond the standard deadlines for the respective periods for improvement, subject to submission to HUD of the necessary notification or waiver request to cover the extended waiver period, as explained in the Summary and Section II.A.(2) of this notice. 2. Regulatory Requirements. a. 24 CFR 5.801(c) and 5.801(d)(1) (Uniform Financial Reporting Standards (UFRS); Reporting Due Date). These sections establish uniform financial reporting standards for PHAs and other owners and administrators of HUDassisted housing. Section 5.801(c) establishes the financial information requirements and § 5.801(d)(1) establishes the filing deadline for financial information and provides that PHAs must submit their unaudited financial information no later than 60 days after the end of their fiscal year. In addition, § 5.801(d)(1) requires that PHAs submit their audited financial information no later than 9 months after the PHA’s fiscal year end. Under the original three notices, the deadline for the submission of unaudited financial information was changed from 60 days to 180 days after the end of the PHA’s fiscal year. Also, under the original three notices, the deadline for the submission of audited financial E:\FR\FM\27DEN2.SGM 27DEN2 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices information was changed from 9 months to 13 months after the end of the PHA’s fiscal year, for PHAs with fiscal years ending December 31, 2004, and March 31, 2005. Under this notice, the deadline for submitting unaudited financial information is automatically changed from 60 days to 180 days after the end of the PHA’s fiscal year for PHAs in the federally declared disaster areas that previously notified HUD they were utilizing the extended deadlines for unaudited financial submissions set forth in the original Hurricane Katrina, Rita, and Wilma waiver notices, as well as for PHAs in non-disaster declared areas contributing to Hurricanes Katrina, Rita, and Wilma recovery efforts that requested and were granted an extended deadline for unaudited financial submissions under the original three waiver notices. The extended deadline will apply only to eligible PHAs with fiscal years ending December 31, 2006, March 31, 2007, June 30, 2007, and September 30, 2007. The deadline for submitting audited financial information is not changed and remains 9 months after the end of the PHA’s fiscal year. Although PHAs are still required to submit unaudited and audited financial information pursuant to UFRS, they will not be scored under the Public Housing Assessment System (PHAS), as more fully discussed in Section III.B.2.b. b. 24 CFR part 902 (Public Housing Assessment System (PHAS)). Part 902 sets out the indicators by which HUD measures the performance of a PHA. These indicators measure a PHA’s physical condition, financial condition, management operations, and resident service and satisfaction. In the original three notices, for PHAs in the federally declared disaster area beginning with a fiscal year ending September 30, 2005, and for those with fiscal years ending March 31, 2005, and June 30, 2005, that had not yet received their physical condition inspections for 2005, the PHAS score would be the same as their previous year score. However, PHAs were still required to submit unaudited and audited information in accordance with Section III.B.3 of the original notice. Under this extension notice, PHAs in the federally declared disaster areas that previously notified HUD they were suspending the requirements set forth in the Hurricane Katrina, Rita, and Wilma waiver notices, as well as PHAs in nondisaster declared areas contributing to Katrina, Rita, and Wilma recovery efforts that requested and were granted a waiver by HUD, will be automatically waived for fiscal years ending December VerDate Aug<31>2005 00:17 Dec 27, 2006 Jkt 211001 31, 2006, March 31, 2007, June 30, 2007, and September 30, 2007, and will receive the same PHAS score that they received for the most recent year that they were fully assessed under PHAS. However, these PHAs must submit unaudited and audited information in accordance with Section III.B.2.a. Beginning with fiscal years ending December 31, 2007, and continuing for all fiscal years thereafter, these PHAs will be fully assessed under PHAS, unless they notify HUD within 45 calendar days of the effective date of this notice that they want to be scored under PHAS sooner. Thus, on January 1, 2007, the affected PHAs must begin to prepare for their PHAS assessments that will start with the PHAs with fiscal years ending December 31, 2007. c. 24 CFR 903.5 (Annual Plan Submission Deadline). Section 5A(h)(2) of the 1937 Act (42 U.S.C. 1437c– 1(h)(2)) and 24 CFR 903.5 provide that a PHA Annual Plan must be submitted no later than 75 days before the commencement of a PHA’s fiscal year. Each PHA affected may have a different fiscal year and for those PHAs that are approaching this submission deadline, this requirement may be impossible to meet because the PHAs are not operating. Because this requirement is a statutory one and not waivable by HUD without further authority, HUD is currently seeking legislative relief. In the interim, HUD will accept, as a submission, a letter from the PHA stating that HUD should consider its existing annual plan to be the plan for the next year or until it submits another annual plan. For Capital Fund activities, PHAs may obligate their Capital Funds for any activity listed in their existing and approved 5-year plan. PHAs should also submit amendments to their 5-year plan to the extent necessary. For this extension period ending December 31, 2007, HUD will continue to accept, as a PHA Plan submission, a letter from the PHA stating that HUD should consider its existing annual plan to be the plan for the next year or until it submits another annual plan, subject to submission to HUD of the necessary notification or waiver request to cover the extended waiver period, as explained in Section II.A.(2) of this notice. PHAs are still required to submit the Capital Fund Annual Statement and Performance and Evaluation Report for each open grant. d. 24 CFR 905.10(i) (Capital Fund Formula; Limitation of Replacement Housing Funds to New Development). Section 905.10 describes the Capital Fund formula. Section 905.10(i) limits the use of replacement housing funds to the development of new public housing. PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 78027 This section is waived to allow replacement housing funds to be used for two other areas: (1) Public housing modernization and (2) homeownership for public housing families, which will help address housing needs caused by Hurricane Katrina. Under this extension, the time frame during which the PHA has the authority to use Replacement Housing Factor (RHF) grants for modernization or homeownership is extended for an additional period ending December 31, 2007, subject to submission to HUD of the necessary notification or waiver request to cover the extended waiver period, as explained in the Summary and Section II.A.(2) of this notice. PHAs are required to resubmit their RHF Plans and identify which RHF grants will be used for modernization or homeownership. e. 24 CFR 941.306 (Maximum Project Cost). Section 941.306 establishes the calculation of maximum project cost and the calculation of the total development cost. In order to facilitate the use of capital funds for repairs and construction for needed housing in the disaster areas, HUD has waived the total development cost (TDC) and housing cost cap limits for all work funded by the Capital Fund and HOPE VI funds until issuance of new TDC levels. Until new TDC levels are issued, PHAs should strive to keep housing costs reasonable in light of local market conditions. Under this waiver extension notice, the time frame during which PHAs have the authority to waive the TDC and housing cost cap limits is extended for an additional period, ending December 31, 2007, subject to submission to HUD of the necessary notification or waiver request to cover the extended waiver period, as explained in the Summary and Section II.A.(2) of this notice, and in recognition of the higher development costs in communities affected by Hurricanes Katrina, Rita, and Wilma, and to facilitate the development of housing for families in these communities. f. 24 CFR 965.302 (Requirements for Energy Audits). This section establishes the requirement that all PHAs complete an energy audit for each PHA-owned project under management, not less than once every 5 years. PHAs that were required to conduct or update an audit this year are given an additional 12 months after September 30, 2005, to complete the audit. HUD is relieving PHAs of this administrative burden so that they may focus on the more urgent need to house impacted families. Under this notice, PHAs that are required to conduct or update an audit E:\FR\FM\27DEN2.SGM 27DEN2 sroberts on PROD1PC70 with NOTICES 78028 Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices in the current year are given until December 31, 2007, to complete the audit, subject to submission to HUD of the necessary notification or waiver request to cover the extended waiver period, as explained in the Summary and Section II.A.(2) of this notice. g. 24 CFR 982.54 (Administrative Plan). This section provides that a PHA must adopt, in accordance with HUD requirements, a written administrative plan that establishes local policies for the administration of the Housing Choice Voucher Program. In order to allow PHAs to exercise maximum flexibility with program administration as a result of Hurricane Katrina, the PHA may temporarily revise the administrative plan to address unique circumstances without PHA Board of Commissioners approval or other authorized PHA official approval, if such Board or officials also waive this requirement. Under this notice, the waiver is extended an additional time period, ending December 31, 2007, subject to submission to HUD of the necessary notification or waiver request to cover the extended waiver period, as explained in the Summary and Section II.A.(2) of this notice. h. 24 CFR 982.401(d) (Housing Quality Standards: Space Requirements). By regulation, § 982.401 establishes housing quality standards. Section 982.401(d) provides, among other things, the requirement for adequate space for the family. With respect to space, this section provides that each dwelling unit must have at least one bedroom or living/sleeping room for every two persons. The spacing requirements of this section can be waived only if the family understands and consents to a waiver of this provision. Again, as noted from the outset, the waiver of these regulations does not represent a long-term change but rather a temporary suspension of requirements to address emergency needs. Under this notice, the waiver of space requirements is extended an additional time period, ending December 31, 2007, subject to submission to HUD of the necessary notification or waiver request to cover the extended waiver period, as explained in Section II.A.(2) of this notice. i. 24 CFR 982.503(b) (Waiver of Payment Standard Limit; Establishing Payment Standard Amounts). [Waiver of this Provision Available through Waiver Request.] Section 982.503(b) imposes a cap on the amount a PHA may establish as its payment standard amount at 110 percent of the published fair market rent (FMR). In order to expand the housing VerDate Aug<31>2005 00:17 Dec 27, 2006 Jkt 211001 available to families displaced by Hurricane Katrina, PHAs in disaster areas may establish separate payment standard amounts up to 120 percent of the published FMR. Higher exception payment standards above 120 percent may be requested through the expedited waiver process, but must be justified by rental housing data. In all cases, the actual gross rent for the unit leased by the family may not exceed what is charged for comparable unassisted units in the area. Note that areas outside of disaster areas in which rental housing markets have been significantly affected by families displaced by Hurricane Katrina may request a waiver through the expedited waiver review process, set forth in Section II of this notice, for approval of payment standards in excess of 110 percent of the published FMRs. However, the PHA must provide information indicating that: (1) They have a significant number of displaced families and (2) area rents have increased. Under this notice, the waiver of payment standard limits is extended an additional time period, ending December 31, 2007, subject to submission to HUD of the necessary waiver request to cover the extended waiver period as explained in the Summary and Section II.A.(2) of this notice, and upon HUD approval of waiver requests submitted through the expedited waiver process. j. 24 CFR 984.303 (Contract of Participation; Family Self-Sufficiency (FSS) Program; Extension of Contract) and 24 CFR 984.105 (Minimum Program Size). Part 984 of HUD’s regulations provide the requirements for the Section 8 and Public Housing FSS Program. Section 984.303 sets out the requirements for the contract of participation, and § 984.303(d) allows for an extension of the FSS program for a period not to exceed 2 years. For those families at the end of their initial contract term, the 2-year limitation is waived and PHAs may provide an extension for a period not to exceed 3 years. This additional time period would account for any time lost on the FSS contract as a result of the displacement of families participating in the FSS program. Section 984.105 sets out the requirements for minimum FSS program size. This notice exempts PHAs from the minimum program size (§§ 984.105(a) and (b)) for a period of 2 years. Under this waiver extension notice, the 2-year limitation continues to be waived and PHAs may extend the extension period an additional 12 months, not to exceed 4 years; and the PO 00000 Frm 00008 Fmt 4701 Sfmt 4703 minimum program size exemption may be extended an additional 12 months, for a period of 3 years, subject to submission to HUD of the necessary notification or waiver request to cover the extended waiver period, as explained in the Summary and Section II.A.(2) of this notice. k. 24 CFR part 985 (Section 8 Management Assessment Program (SEMAP)). Part 985 sets out the requirements by which Section 8 tenantbased assistance programs are assessed. Similar to the action that HUD has taken with respect to the PHAS regulations in 24 CFR part 902, PHAs administering a Section 8 tenant-based assistance program are eligible to defer compliance with the SEMAP requirements for a period of 12 months. Under this waiver extension notice, eligibility to defer compliance with SEMAP requirements is extended another 12 months, similarly to eligibility to defer compliance with PHAS requirements, except that this waiver is subject to submission to HUD of the necessary notification or waiver request to cover the extended waiver period, as explained in the Summary and Section II.A.(2) of this notice. That is, PHAs in the federally declared disaster areas that notify HUD they are suspending this requirement during the extended waiver period, and PHAs in non-disaster declared areas contributing to Hurricanes Katrina, Rita, and Wilma recovery efforts that request and are granted a waiver by HUD during the waiver extension period with fiscal years ending December 31, 2006, March 31, 2007, June 30, 2007, and September 30, 2007, will receive the same SEMAP score that they received for the most recent year that they were fully assessed under SEMAP. Beginning with fiscal years ending December 31, 2007, these PHAs will be fully assessed under SEMAP. l. 24 CFR 990.145 (Dwelling Units with Approved Vacancies). Section 990.145 of the Operating Fund Program regulation lists the categories of vacant units that are eligible to receive operating subsidy and, therefore, are considered approved vacancies. PHAs that had vacant units during the reporting period that were not ‘‘approved’’ vacancies pursuant to § 990.145, but were available for occupancy, may treat those units as approved vacancies if: (1) The PHA anticipates the units will be occupied by families and individuals affected by the disaster during the upcoming funding year or (2) the PHA is holding the units vacant for families and individuals affected by the disaster. E:\FR\FM\27DEN2.SGM 27DEN2 Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices Under this notice, PHAs may continue to treat vacant units as approved, if the subject conditions are met, for FY2007 operating subsidy calculations, subject to submission to HUD of the necessary notification or waiver request to cover the extended waiver period, as explained in the Summary and Section II.A.(2) of this notice. IV. Twelve-Month Extension of Waivers Due to the lengthy recovery period brought about by Hurricanes Katrina, Rita, and Wilma, HUD will automatically extend for an additional period, ending December 31, 2007, or for such other period as specified in this notice (e.g., for UFRS and PHAS waivers): (1) Those waivers that PHAs in the disaster-declared areas notified HUD they were utilizing and (2) those waivers that PHAs outside of the disaster declared areas that were assisting with recovery efforts in the disaster areas requested and were approved for by HUD under the waiver notices published for each hurricane. A list of those PHAs is included with this notice. The expiration date for waivers granted under the Hurricane Katrina notice published October 3, 2005, is 78029 December 28, 2006; the one for the Hurricane Rita notice published November 1, 2005 (70 FR 66222), is January 26, 2007; and the one for the Hurricane Wilma notice published on March 13, 2006, is June 7, 2007. Any PHA that does not wish for or need an automatic extension must notify HUD within 45 calendar days of the effective date of this notice by using the e-mail addresses identified in Section II of this notice. Dated: December 21, 2006. Roy A. Bernardi, Deputy Secretary. APPENDIX A.—PHAS/TRIBES/TDHES THAT SUBMITTED WAIVER SUSPENSION NOTIFICATIONS OR REQUESTS UNDER ORIGINAL WAIVER NOTICES Disaster (Katrina, Rita or Wilma) Agency type (PHA/TDHE/ tribe/local government) Agency code Agency or government name Katrina Suspension Notifications Received sroberts on PROD1PC70 with NOTICES Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ VerDate Aug<31>2005 00:17 Dec 27, 2006 AL165 LA001 LA003 LA004 LA005 LA011 LA012 LA013 LA024 LA026 LA029 LA036 LA043 LA045 LA055 LA063 LA070 LA076 LA080 LA090 LA092 LA094 LA095/ LA181 LA103 LA254 LA122 LA132 LA178 LA207 LA215 LA219 LA221 LA238 LA253 LA262 MS001 MS002 MS003 MS004 MS005 MS030 MS040 MS047 MS057 MS058 MS061 MS064 Jkt 211001 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ..... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... Foley Housing Authority Housing Authority of New Orleans East Baton Rouge Parish Housing Authority Lake Charles Housing Authority Lafayette Parish Housing Authority Westwego Housing Authority Housing Authority of Kenner Jefferson Parish Housing Authority Bogalusa Housing Authority Kaplan Housing Authority Crowley Housing Authority Morgan City Housing Authority Donaldsonville Housing Authority Arcadia Housing Authority Housing Authority of the City of Opelousas Sulphur Housing Authority Housing Authority of the Town of Patterson Ferriday Housing Authority Housing Authority of Lafourche Parish Houma-Terrebonne Housing Authority St. James Parish Housing Authority St. Charles Parish Housing Authority Housing Authority of St. John the Baptist Parish Slidell Housing Authority Pearl River Housing Authority Colfax Housing Authority Avoyelles Parish Section 8 Program St. Martin Parish Police Jury Tangipahoa Parish Government Assumption Parish Police Jury City of Baton Rouge Office of Community Development Morgan City Housing Authority Covington Housing Authority Housing Authority of Lafourche Parish East Carroll Parish Housing Authority Hattiesburg Housing Authority City of Laurel Housing Authority The Housing Authority of the City of McComb City, Mississippi The Housing Authority of the City of Meridian Biloxi Housing Authority Mississippi Regional Housing Authority No. V Mississippi Regional Housing Authority No. VIII The Housing Authority of the City of Starkville, Mississippi Mississippi Regional Housing Authority No. VII Mississippi Regional Housing Authority No. VI Canton Housing Authority Bay St. Louis Housing Authority PO 00000 Frm 00009 Fmt 4701 Sfmt 4703 E:\FR\FM\27DEN2.SGM 27DEN2 78030 Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices APPENDIX A.—PHAS/TRIBES/TDHES THAT SUBMITTED WAIVER SUSPENSION NOTIFICATIONS OR REQUESTS UNDER ORIGINAL WAIVER NOTICES—Continued Disaster (Katrina, Rita or Wilma) Agency type (PHA/TDHE/ tribe/local government) Agency code Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina PHA ............ PHA ............ PHA ............ PHA ............ PHA ............ PHA ............ PHA ............ PHA ............ PHA ............ PHA ............ PHA ............ PHA ............ PHA ............ Tribe ........... TDHE ......... Tribe ........... Tribe ........... MS066 ..... MS067 ..... MS071 ..... MS077 ..... MS082 ..... MS084 ..... MS086 ..... MS094 ..... MS101 ..... MS103 ..... MS105 ..... MS107 ..... MS109 ..... Tribe ......... Indian HA Tribe ......... Tribe ......... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... Agency or government name Picayune Housing Authority Richton Housing Authority Aberdeen Housing Authority Tupelo Housing Authority Winona Housing Authority Housing Authority of the Town of Summit Vicksburg Housing Authority Hazlehurst Housing Authority Waveland Housing Authority Housing Authority of the City of Jackson, Mississippi Natchez Housing Authority Greenwood Housing Authority Long Beach Housing Authority Tunica-Biloxi Tribe of Louisiana Choctaw Housing Authority Chitimacha Tribe of Louisiana Poarch Band of Creek Indians Katrina Waiver Requests Submitted Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina Katrina ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ AR006 ...... CA004 ...... CA052 ...... CA058 ...... CO005 ..... CT001 ...... FL003 ....... FL089 ....... GA059 ...... GA148 ...... MA029 ..... MD002 ..... MI024 ....... MO004 ..... MO006 ..... NJ050 ...... NY086 ...... TN001 ...... TX063 ...... TX431 ...... Housing Authority of the City of Conway Housing Authority of the City of Los Angeles Housing Authority of the County of Marin Berkeley Housing Authority Housing Authority of the City of Trinidad Housing Authority of the City of Bridgeport Tampa Housing Authority Hillsborough County—OCC Gainesville Housing Authority Housing Authority City of Dallas, Georgia Pittsfield Housing Authority Housing Authority of Baltimore City Bay City Housing Commission Housing Authority of St. Louis County Saint Charles City Housing Authority East Orange Housing Authority North Hempstead Housing Authority Housing Authority of the City of Memphis Hearne Housing Authority Tarrant County Housing Assistance Office sroberts on PROD1PC70 with NOTICES Rita Suspension Notifications Received Rita Rita Rita Rita Rita Rita Rita Rita Rita Rita Rita Rita Rita Rita Rita Rita Rita Rita Rita Rita Rita Rita Rita Rita Rita .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... VerDate Aug<31>2005 PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ 00:17 Dec 27, 2006 LA046 LA065 LA084 LA090 LA172 LA261 LA889 TX004 TX005 TX006 TX009 TX018 TX023 TX029 TX034 TX037 TX223 TX225 TX383 TX431 TX436 TX451 TX492 TX512 TX526 Jkt 211001 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... Housing Authority of the Town of Vinton Housing Authority of the Town of Delcambre Parks Housing Authority Houma-Terrebonne Housing Authority Calcasieu Parish Housing Department Fenton Housing Authority Pilgrim Rest Community Development Agency Fort Worth Housing Authority Housing Authority of the City of Houston San Antonio Housing Authority Housing Authority of the City of Dallas, Texas Lubbock Housing Authority Housing Authority of the City of Beaumont Mercedes Housing Authority City of Port Arthur Housing Authority Orange Housing Authority Newton Housing Authority Woodville Housing Authority San Augustine Housing Authority Tarrant County Housing Assistance Office City of Mesquite Housing Authority Asherton Housing Authority Jasper Housing Authority Deep East Texas Council of Governments (DETCOG) Regional Housing Authority Brazos Valley Council of Governments PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 E:\FR\FM\27DEN2.SGM 27DEN2 Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices 78031 APPENDIX A.—PHAS/TRIBES/TDHES THAT SUBMITTED WAIVER SUSPENSION NOTIFICATIONS OR REQUESTS UNDER ORIGINAL WAIVER NOTICES—Continued Disaster (Katrina, Rita or Wilma) Agency type (PHA/TDHE/ tribe/local government) Agency code Rita .................... PHA ............ TX540 ...... Agency or government name Brenham Section 8 Program, City of (BVDC) Wilma Suspension Notifications Received Wilma Wilma Wilma Wilma Wilma Wilma Wilma Wilma Wilma Wilma Wilma ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA PHA ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ FL005 FL010 FL013 FL017 FL021 FL025 FL066 FL076 FL116 FL136 FL144 ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... Miami Dade Housing Authority Housing Authority of Fort Lauderdale Housing Authority City of Key West Housing Authority City of Miami Beach Pahokee Housing Authority Housing Authority of the City of Titusville Hialeah Housing Authority Riviera Beach Housing Authority Dania Beach Housing Authority Hollywood Housing Authority Monroe County Housing Authority Wilma Waiver Requests Submitted Wilma ................. PHA ............ FL003 ....... Tampa Housing Authority [FR Doc. 06–9902 Filed 12–22–06; 10:58 am] sroberts on PROD1PC70 with NOTICES BILLING CODE 4210–67–P VerDate Aug<31>2005 00:17 Dec 27, 2006 Jkt 211001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\27DEN2.SGM 27DEN2

Agencies

[Federal Register Volume 71, Number 248 (Wednesday, December 27, 2006)]
[Notices]
[Pages 78022-78031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9902]



[[Page 78021]]

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Part V





Department of Housing and Urban Development





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Hurricanes Katrina, Rita, and Wilma Disaster Areas; Extension of 
Regulatory and Administrative Waivers Granted for Public and Indian 
Housing Programs To Assist With Recovery and Relief; Notice

Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / 
Notices

[[Page 78022]]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5018-N-02]


Extension of Regulatory and Administrative Waivers Granted for 
Public and Indian Housing Programs To Assist With Recovery and Relief 
in Hurricanes Katrina, Rita, and Wilma Disaster Areas

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice.

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SUMMARY: This notice advises the public of HUD's decision to extend for 
an additional period ending December 31, 2007, or for such other period 
as specified in this notice (e.g., Uniform Financial Reporting 
Standards (UFRS) and Public Housing Assessment System (PHAS) waivers) 
certain HUD regulations and other administrative requirements governing 
HUD's Office of Public and Indian Housing (PIH) programs that were 
identified and waived or deferred under notices of Regulatory and 
Administrative Waivers Granted for Public and Indian Housing Programs 
to Assist with Recovery and Relief in Hurricanes Katrina, Rita, and 
Wilma Disaster Areas, published October 3, 2005, November 1, 2005, and 
March 13, 2006. The requirements in these three notices were waived or 
deferred in order to facilitate the delivery of safe and decent housing 
under these programs to families and individuals who were displaced 
from their housing by Hurricanes Katrina, Rita, and Wilma.
    This notice provides that entities that administer PIH programs, 
which include public housing agencies (PHAs), tribally designated 
housing entities (TDHEs), and local and tribal governments, and that 
are located in an area declared by the President to be a federal 
disaster area as a result of Hurricane Katrina, Rita, or Wilma, and 
that previously notified HUD that they were deferring compliance with 
the program requirements identified in the three Federal Register 
notices, may continue to defer compliance with the regulations and 
requirements listed in this notice for an additional period ending 
December 31, 2007, or for such other period as specified in this notice 
(e.g., for UFRS and PHAS waivers). The additional waiver period is 
subject to the program administrator submitting a notification to HUD, 
within 45 calendar days of the effective date of this notice, advising 
of the intent to defer compliance with the program requirements 
identified in this notice, unless a specific waiver provision states: 
(1) That the waiver will be applied automatically or (2) the specific 
waiver does not require such notification.
    PIH program administrators that are not located in a disaster area 
but are continuing to assist with Hurricane Katrina, Rita, or Wilma 
recovery and relief and have requested and were approved for waiver of 
the regulations and administrative requirements listed in this notice 
under the original waiver notices, may request waiver or deferral of 
the requirements for an additional period ending December 31, 2007, or 
for such other period as specified in this notice (e.g., under UFRS and 
PHAS waivers), with justification of the need for more time, unless a 
specific waiver provision states it will be applied automatically. HUD 
will review and respond to waiver requests through an expedited process 
that assigns priority to these requests and maximizes use of electronic 
communications to speed response time. PIH program administrators, 
located in an area declared a federal disaster area as a result of 
Hurricane Katrina, Rita, or Wilma, or PIH program administrators not 
located in such an area but continuing to assist with Hurricane 
Katrina, Rita, or Wilma relief and recovery efforts, may defer 
compliance or request waiver of a regulation or other administrative 
requirement, respectively, through the expedited waiver process 
provided in this notice.
    This notice applies only to PIH programs or to cross-cutting 
regulatory or administrative requirements that are applicable to PIH 
program administrators.
    In addition to the regulatory and administrative requirements cited 
in the notice of waivers granted to assist with recovery and relief in 
Hurricane Katrina disaster areas, this notice includes a waiver, 
identified in Section III.A.2 of the notices of waivers granted to 
assist with recovery and relief in Hurricane Rita disaster areas, for 
an extension for improved performance by certain PHAs located in areas 
declared a federal disaster area as a result of Hurricane Katrina.

DATES: Effective Date: December 28, 2006.

FOR FURTHER INFORMATION CONTACT: PIH Disaster Relief Officer, Office of 
Policy Programs and Legislation, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 4116, Washington, DC 20410-5000; telephone numbers (202) 708-4016, 
extension 4245, or (202) 708-0713, extension 7651. Persons with hearing 
or speech impairments may access this number via TTY by calling the 
Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Background Information

    In late August 2005, Hurricane Katrina hit the Gulf Coast area of 
the United States, causing unprecedented and catastrophic damage to 
property, significant loss of life, and the displacement of tens of 
thousands of individuals and families from their homes and communities. 
Hurricane Rita soon followed, adding to the damage to property and 
displacement of individuals and families from their homes and 
communities that already had been caused by Hurricane Katrina. After 
Hurricane Katrina struck, the President called upon all federal 
agencies to do everything in their power to assist the victims, with 
the top priority to save and sustain lives. The President later 
directed federal agencies to include victims of Hurricane Rita in 
relief and recovery efforts underway for victims of Hurricane Katrina. 
With recognition that shelter is key to saving and sustaining lives, 
and following the President's direction to eliminate or reduce ``red 
tape'' that would impede the delivery of federal financial assistance 
and other needed benefits, the October 3, 2005, and November 1, 2005, 
notices identified HUD regulations and other administrative 
requirements governing HUD's PIH programs that were waived or 
temporarily suspended or deferred in an area declared by the President 
to be a federal disaster area as a result of Hurricanes Katrina or Rita 
(``disaster area''). In addition, HUD provided an expedited review 
process to waive the requirements listed in the notices, upon request 
from PIH program administrators that were not located in disaster areas 
but were assisting with Hurricane Katrina or Rita recovery and relief 
efforts. In a notice published March 13, 2006, similar relief from the 
same regulatory and administrative requirements was offered to PIH 
program administrators in areas declared a disaster as a result of 
Hurricane Wilma (71 FR 12988).
    In developing the waiver notices, PIH examined the regulations 
governing its programs and recommended waiver or temporary suspension 
or deferral of those regulations that it believed could impede PIH 
program administrators from expeditiously helping to house PIH program 
participants who lost housing as a result of Hurricanes Katrina and

[[Page 78023]]

Rita, as well as others who needed housing assistance under PIH 
programs as a result of the hurricanes. The waivers allowed PIH program 
administrators located in disaster areas to defer compliance with the 
requirements listed in the notices for an initial period of 12 months 
under the notification process described in the three notices. The 
requirements listed in the notices that were deferred, or temporarily 
suspended by waiver, included regulatory and other administrative 
provisions that require periodic reporting and other information 
delivery by PHAs, Indian tribes, and TDHEs. While such reporting is 
important to ensure effective and efficient administration of PIH 
programs, those requirements were waived so that PIH program 
administrators could focus their time and resources on identifying and 
providing decent and safe housing during the period of unparalleled 
displacement of families and individuals.
    For the majority of the regulations and administrative requirements 
listed in the previously published notices and for which a waiver was 
granted, HUD did not waive the requirements entirely but deferred 
compliance until such time as compliance would be feasible. For 
example, in many cases HUD extended deadlines for reports or other 
documents that PIH program administrators must submit to HUD. Because 
the devastation caused by Hurricanes Katrina and Rita was 
unprecedented, and the need for housing and other basic life-saving and 
sustaining relief was widespread and immediate, HUD relied on its 
experienced local partners in the HUD housing-assistance programs who 
are in the front-line of recovery efforts to meet the challenge of 
providing decent, safe, and sanitary housing as expeditiously as 
possible and to comply to the extent possible with the regulations that 
promote that goal. HUD did not want the time and resources of PHAs, 
Indian tribes, and TDHEs diverted by requirements that are important 
but could be deferred until a degree of normalcy in operations returned 
in the disaster areas. As the recovery period proceeded, HUD indicated 
it might: (1) identify other regulations for which waiver or temporary 
deferral or suspension is needed or (2) determine that other 
alternative requirements may be necessary to assist with facilitation 
of delivery of housing to those most in need. Any additional HUD 
waivers or suspensions or other alternative requirements would be 
announced by direct notice to PIH program administrators and by Federal 
Register publication.
    PIH program administrators not located in a disaster area but 
assisting with Hurricane Katrina recovery and relief efforts could 
request waiver of the regulations and administrative requirements 
through the expedited waiver request and response process set forth in 
the waiver notices.
    In addition to HUD's waiver of regulatory requirements in the 
previously published notices, HUD also identified statutory provisions 
that contain built-in waiver provisions that allow administrative 
waiver of the statutory requirements for cause. Certain of those 
provisions were included in Section III.A of the October 3, 2005, 
notice. An additional provision was included in Section III.A.2 of the 
November 1, 2005, notice, for an extension for improved performance by 
certain PHAs located in areas declared a federal disaster area as a 
result of Hurricane Katrina.
    The three previously published notices listed HUD regulatory and 
administrative requirements that PIH determined needed to be waived or 
temporarily deferred or suspended during the Hurricanes Katrina, Rita, 
and Wilma recovery periods. If PHAs, Indian tribes, and TDHEs, and 
other PIH program administrators identified other regulations that they 
believed should be waived, they were advised to seek a waiver by 
submitting a waiver request that specified the need for a waiver. 
Section II of each notice described the expedited waiver process, and 
that process is explained in Section II of this notice.
    The extension of certain requirements provided by this notice 
underscores the unprecedented devastation caused by the hurricanes of 
2005, and the additional time needed to recover from such devastation.

II. Waiver Process

A. For PIH Program Administrators in Declared Disaster Areas

    1. The Waiver Process Previously Established. This notice continues 
the process for notification to HUD by program administrators of their 
intent to use, or their actual use of, the waived or deferred 
requirements under the previously published notices, with some 
exceptions, as described here in section II. The previous notices 
provided that entities that administer public or Indian housing or 
voucher programs and were located in the areas declared a federal 
disaster area as a result of Hurricanes Katrina, Rita, and Wilma could 
defer or suspend compliance with the regulations and other 
administrative requirements listed in each notice, with the exception 
of the waiver of the provision in Section III.B.12, upon the effective 
date of each notice, for an initial period of 12 months or for such 
other period as may be specified in each notice. These entities, 
however, were advised to notify HUD within 2 weeks of the determination 
of any need to utilize the waived requirements in each notice, or as 
soon as possible, by contacting HUD in the manner detailed in the 
following paragraph.
    An official of the PHA, TDHE, or tribal or local government that 
had a need and intended to suspend compliance with or defer the 
requirements listed in each notice was required to contact HUD in 
writing (e-mail communication was allowed) and identify the 
requirements by section and number utilized in each notice (e.g., 
Section III.A.2, Section III.B.1, 2, or 3, etc., or ``all of the waived 
or suspended requirements in Section III.''). The following e-mail 
addresses were established in order to expedite the process: PIH_Disaster_Relief@hud.gov, PIH_Ritadisaster_Relief@hud.gov, and PIH_Wilmadisaster_Relief@hud.gov.
    This process was described as a notification only, and HUD asked 
that the notification be made to HUD no later than 2 weeks after a PHA 
determined the need to rely on one or more or all of the waived or 
suspended requirements in each notice. While, as noted earlier in this 
notice, HUD did not want to impose additional administrative 
requirements on PIH program administrators located in the disaster 
areas during the recovery period, it was important for HUD to know (and 
helpful for HUD to know) how these entities were administering their 
PIH programs during the recovery period. HUD maintains information on 
the PHAs, Indian tribes, and TDHEs that elected to defer compliance 
with certain regulatory and administrative requirements in accordance 
with each notice. A list of those PHAs, Indian tribes, or TDHEs are 
included as an appendix to this notice. The previously published 
notices provide that certain regulations or administrative requirements 
would remain inapplicable for a period of 12 months and would be 
considered waived or suspended by HUD for an additional 3 months upon 
notification to HUD, following the same notification process described 
above.
    2. The Waiver Process for this Notice. HUD will continue to use the 
waiver process previously established, with some exceptions. First, HUD 
has since

[[Page 78024]]

determined that timely notification of an entity's intent to use, or 
its actual use of the waivers or deferral periods is essential to 
effective program administration, and in light of the intervening 
period for entities to determine whether they need relief, HUD is now 
requiring that such notifications or waiver requests must be submitted 
to HUD within 45 calendar days of the publication of this notice as 
described in Section IV, unless a specific waiver provision states the 
waiver will be applied automatically, or the specific waiver does not 
require such notification. Secondly, under this notice there is not an 
additional 3-month deferral period beyond the initial 12-month period 
granted under the original notices, and the period for deferral ends 
December 31, 2007, regardless of the expiration dates of the 15-month 
deferral periods granted under the original three notices. Finally, 
some regulatory or administrative requirements included in the original 
notices are not eligible for continued deferral in this notice, and are 
identified in Section III below.

B. For PIH Program Participants in Non-Disaster Declared Areas

    The previous notices provided that PIH program administrators not 
located in a disaster area but that were contributing to Hurricanes 
Katrina and Rita relief and recovery efforts could request a waiver of 
the regulations or administrative requirements listed in each of the 
original notices by e-mailing a request for a waiver to PIH_Disaster_Relief@hud.gov, PIH_Ritadisaster_Relief@hud.gov, or PIH_Wilmadisaster_Relief@hud.gov. The request was required to specify the 
need for the waiver of the requirement. HUD would review and respond to 
waiver requests submitted through the e-mail addresses using an 
expedited waiver process that would assign a priority to such requests 
and maximize the use of electronic communications.
    As with the previous notices, this notice provides that PIH program 
administrators not located in a disaster area but contributing to the 
relief and recovery efforts must request a waiver of the regulations or 
administrative requirements by e-mailing the request for a waiver to 
PIH_Disaster_Relief@hud.gov, PIH_Ritadisaster_Relief@hud.gov, or 
PIH_Wilmadisaster_Relief@hud.gov. This process remains in effect 
unless a specific waiver provision (e.g., under UFRS or PHAS) states 
that it will be applied automatically to the non-disaster PHAs that 
previously requested and received the waivers under the original 
notices, or if a specific waiver is not eligible for continued 
deferral, as identified in Section III below.

C. Regulations and Requirements Not Waived in This Notice

    In the three prior notices published previously, HUD provided that, 
for any regulation or other administrative requirement not listed in 
each notice for which a PIH program administrator sought a waiver or 
suspension, the program administrator could seek a waiver by e-mailing 
a request to PIH_Disaster_Relief@hud.gov, PIH_Ritadisaster_Relief@hud.gov, and PIH_Wilmadisaster_Relief@hud.gov. Any such 
request had to specify the need for the waiver of the requirement. As 
noted earlier in this notice, waiver requests submitted through each e-
mail address would receive expedited and priority processing, and HUD 
would respond to the requestor by e-mail.
    That expedited waiver process was provided only for waiver or 
suspension of requirements that would assist with Hurricanes Katrina, 
Rita, and Wilma relief and recovery efforts. HUD would not respond to 
any waiver requests submitted to any of the hurricane designated e-mail 
addresses that were unrelated to relief and recovery of the disaster 
areas.
    This process remains in effect for this notice.

III. Authority to Grant Waivers

    In general, waivers of HUD regulations are handled on a case-by-
case basis. Under statutory requirements set forth in section 7(q) of 
the Department of Housing and Urban Development Act (42 U.S.C. 
3535(q)), a regulated party that seeks a waiver of a HUD regulation 
must request a waiver from HUD in writing and the request must specify 
the need for the waiver. HUD then responds to the request in writing 
and, if the waiver is granted, HUD includes a summary of the waiver 
granted (and all regulatory waivers granted during a 3-month period) in 
a Federal Register notice that is published quarterly. Since the damage 
to property and the displacement of families and individuals in the 
disaster areas was massive, and the need for regulatory relief in many 
areas pertaining to HUD-assisted housing readily apparent, HUD 
suspended its usual regulatory waiver protocols for the disaster areas 
and substituted an expedited process that meets the requirements of 
section 7(q).
    In its quarterly notice of regulations waived, HUD identifies the 
PIH program administrators in the disaster areas that are utilizing: 
(1) One or more of the waived regulations in the three notices or (2) 
other regulations for which a waiver was requested or granted. The 
quarterly notice also identifies PIH program administrators that are 
located in non-federally declared disaster areas and are contributing 
to Hurricane Katrina, Rita, or Wilma relief and recovery efforts, and 
that requested and were granted waivers in accordance with the waiver 
process, as provided in each notice.
    The regulatory and administrative requirements set forth in Section 
III of each of the prior notices were waived or temporarily deferred or 
suspended, as provided in each notice. This action was determined 
necessary to help PIH program administrators in the disaster areas in 
the identification and delivery of housing for families and individuals 
displaced from their homes by Hurricanes Katrina, Rita, and Wilma.
    With respect to this notice, the term ``PIH program 
administrators,'' as referenced in Section III of this notice, includes 
those PHAs, tribes, and TDHEs located in disaster areas.
    As the preceding discussion discloses, the process for deferring 
compliance with certain requirements listed in this notice is similar 
to the process utilized under the previously published notices, with 
some exceptions. First, PHAs, tribes, and TDHEs located in a federally 
declared disaster area will be required to notify HUD within 45 
calendar days of the effective date of this notice that they intend to 
continue deferring compliance during the extended waiver period. If the 
PHAs, tribes, and TDHEs are outside the disaster areas but are 
continuing to assist recovery efforts, they must submit a new waiver 
request during the extended waiver period. Secondly, some waivers 
(e.g., UFRS, PHAS) will be automatically applied to PHAs, tribes, and 
TDHEs that previously notified HUD they were deferring compliance or 
that requested the waiver and were granted approval to defer 
compliance. Finally, this notice does not provide an extension of 
deferral of compliance with the following requirements:

A. Requirements for Which No Waiver Extension Is Provided by This 
Notice

    1. Waiver of Indian Community Development Block Grant Program 
(ICDBG) 50 Percent Downpayment Assistance Limitation for Low- and 
Moderate-Income Homebuyers. Section 122 of the Housing and Community 
Development Act of 1974 (``Act'') (42 U.S.C. 5321) authorizes the 
Secretary to suspend requirements for activities that address the 
damage in a Presidentially declared disaster area. Section

[[Page 78025]]

105(a)(24)(D) of the Act (42 U.S.C. 5305) permits a grantee to provide 
downpayment assistance to low- and moderate-income homebuyers, but 
limits the assistance to 50 percent of the amount of downpayment the 
homebuyer must provide. Because of the extraordinary need for housing 
among low- and moderate-income evacuees, HUD found good cause to permit 
downpayment assistance of up to 100 percent for the purchase of homes 
in the disaster area. Based on consultation with affected entities, 
this waiver is not extended.
    2. 24 CFR 5.216(g)(5) (Disclosure and Verification of Social 
Security and Employer Identification Numbers). Section 5.216 addresses 
the disclosure and verification of Social Security Numbers and employer 
identification numbers of applicants for assistance under certain HUD-
assisted housing programs. Section 5.216(g) imposes special 
documentation requirements on applicants, and subsection (g)(5) 
establishes the time limit for submission of this documentation. The 
time period required for submission of verification documents was 
waived for a period of 3 months, in the case of all families, and, with 
HUD approval, for a period not to exceed 12 months.
    Under this notice, this waiver is not extended. The use of Social 
Security and employer identification numbers is essential for updating 
and maintaining HUD's management information systems and the 
Department's key initiatives for ensuring accurate reporting. As a 
result, HUD believes it is not advisable to further extend the time 
frames for disclosures and submitting verification documents.
    3. 24 CFR 5.512(c) (Verification of Eligible Immigration Status; 
Secondary Verification). Section 5.512 provides the process by which 
verification of eligible immigration status must be undertaken for 
families seeking assistance under certain HUD programs. While the 
declaration of eligibility and this verification process is required by 
statute and cannot be waived, HUD does have the authority to waive 
certain deadlines. Section 5.512(d) provides the time frame under which 
a secondary verification must be requested from the Immigration and 
Customs Enforcement (ICE), by the responsible entity, when the primary 
verification (the automated verification system) is not conclusive of 
immigration status. The responsible entity must submit a request to ICE 
to undertake a secondary verification within 10 days of receipt of the 
results of the primary verification, and must provide the ICE with all 
records on the applicant, evidencing citizen or eligible immigration 
status, that the applicant has provided to the responsible entity. The 
three previous notices expanded the time frame under which a secondary 
verification must be requested, from 10 days after the date of the 
results of the primary verification to 90 days after such date.
    Under this notice, this waiver is not extended. HUD believes it is 
not advisable to further extend the time frames for requesting from ICE 
the secondary verifications of eligible immigration status.
    4. 24 CFR 1000.156 and 1000.158 Indian Housing Block Grant (IHBG) 
Moderate Design Requirements for Housing Development. The IHBG program 
regulations at Sec. Sec.  1000.156 and 1000.158 require that housing 
developed with IHBG funds must be of moderate design. Under these 
regulatory sections, IHBG recipients must either adopt written moderate 
design standards or comply with the total development cost (TDC) limits 
issued by HUD. In recognition of the higher development costs in 
communities affected by Hurricane Katrina, and to facilitate the 
development of housing for families in such communities, these moderate 
design requirements were waived for IHBG recipients until issuance of 
new TDC levels. Based on consultation with affected entities, this 
waiver is not extended.
    5. 24 CFR 1000.214 (Indian Housing Plan (IHP) Submission Deadline). 
To receive an IHBG formula allocation, an Indian tribe or its TDHE must 
annually submit an IHP to HUD describing the affordable housing 
activities the Indian tribe or TDHE will undertake. Section 1000.214 
requires that the IHP must be submitted to HUD no later than July 1 of 
each year. This section was waived to permit tribes and TDHEs to 
undertake affordable housing activities on behalf of families displaced 
by Hurricane Katrina, Rita, or Wilma, although such activities may not 
have been identified in the IHP originally submitted by the tribe or 
TDHE.
    Based on consultation with affected entities, this waiver is not 
extended.
    6. 24 CFR 1003.400(c) and Section I.C. of Fiscal Year (FY) 2005 
ICDBG Program Notice of Funding Availability (NOFA) (Grant Ceilings for 
ICDBG Imminent Threat Applications). The ICDBG regulations at Sec.  
1003.400(c) provide that HUD will establish grant ceilings for imminent 
threat applications. On March 21, 2005, HUD published its FY2005 ICDBG 
NOFA as part of HUD's FY2005 SuperNOFA (70 FR 13655). Section I.C. of 
the FY2005 ICDBG NOFA specifies that the grant ceiling for ICDBG 
imminent threat requests for FY2005 is $425,000. This grant ceiling was 
waived to permit applicants to request imminent threat funding in 
excess of $425,000, if necessary to address disaster-related needs in 
their communities.
    This waiver is not extended. The grant ceiling requirement was 
included as part of the FY2005 ICDBG grant funding cycle, which has 
passed.
    7. 24 CFR 1003.401 and Section I.C. of FY2005 ICDBG NOFA 
(Application Requirements for ICDBG Imminent Threat Funds). The ICDBG 
regulations at Sec.  1003.401 provide that, in response to applications 
for assistance, HUD may make ICDBG funds available to applicants to 
address imminent threats to health and safety. The regulations further 
provide that applications must contain the information specified by the 
annual ICDBG NOFA. For FY2005, the required information that must be 
contained for imminent threat applications is located in Section I.C. 
of the FY2005 ICDBG NOFA. These application requirements were waived to 
permit Indian tribes located in areas affected by Hurricane Katrina to 
more expeditiously request and receive ICDBG imminent threat funds.
    This waiver is not extended. The application requirements waived 
were part of the FY2005 ICDBG grant funding cycle, which has passed.
    8. 24 CFR 1003.604 (ICDBG Citizen Participation Requirements). The 
ICDBG regulations at Sec.  1003.604 require applicants to consult with 
residents prior to submitting their funding applications. The 
consultation requirements have the potential to delay the ability of 
ICDBG recipients to address urgent housing, health, and safety needs of 
persons displaced by Hurricane Katrina. Accordingly, this section was 
waived to permit eligible ICDBG applicants to address disaster-related 
needs without the need for prior resident consultation.
    This waiver is not extended. The resident consultation requirement 
was waived as part of the FY2005 ICDBG grant funding cycle, which has 
passed.
    9. 24 CFR 982.206 (Waiting List; Opening and Public Notice). This 
section requires a PHA to give public notice that families may apply 
for tenant-based assistance. The regulation requires a PHA to publish, 
in a local newspaper of general circulation, and also by minority media 
and other suitable means, a notice of the opening of the waiting list. 
The requirement to publish in a newspaper of general circulation and 
also by minority media was waived, and a PHA was permitted to provide 
such information on its website and at any of its offices, and in

[[Page 78026]]

a voice mail message for any callers that may inquire whether a list is 
opened.
    Under this notice, the waiver of the requirement for publishing a 
notice of the opening of a waiting list, in local newspapers of general 
circulation and in minority media or other means, is not extended. In 
the 15 months after the hurricanes, PHAs should now have the ability to 
secure publication of the opening of their waiting lists. It is 
especially important to relocation efforts that PHAs advertise, in a 
variety of media, that they are now ready to accept tenant 
applications.

B. Requirements Eligible under this Notice for Continued Extension of 
Deferral of Compliance

    The following requirements are eligible for continued deferment of 
compliance, in accordance with the procedures of this notice and 
subject to any specific conditions that may be identified in the 
description of the requirement for which compliance may be deferred.
    1. Statutory Requirements with Built-In Waiver Authority.
    a. Extension of Deadline for Obligation and Expenditure of Capital 
Funds. Section 9(j)(2) of the United States Housing Act of 1937 (42 
U.S.C. 1437g(j)(2)) (1937 Act) authorizes the Secretary to extend the 
time period for obligation of capital funds by PHAs, as set forth in 
section 9(j)(1), for such period as the Secretary determines necessary 
if the Secretary determines that the failure of the PHA to obligate 
assistance in a timely manner is attributable to, among other criteria 
listed, an event beyond the control of the PHA, or any other reason 
established by the Secretary by notice published in the Federal 
Register. Pursuant to section 9(j)(1) of the 1937 Act, PHAs are 
required to obligate capital funds not later than 24 months after the 
date on which the funds became available, or the date on which the PHA 
accumulates adequate funds to undertake modernization, substantial 
rehabilitation, or new construction of units, plus the period of any 
extension approved under section 9(j)(2). Because Hurricane Katrina was 
beyond the control of the PHAs located in the disaster areas and caused 
such massive and widespread destruction and displacement, the 
obligation deadline under section 9(j)(1) of the 1937 Act is hereby 
extended, pursuant to section 9(j)(2) of the 1937 Act, for an 
additional 12 months for PHAs located in the areas declared a federal 
disaster area.
    In addition, section 9(j)(5)(A) of the 1937 Act requires a PHA to 
expend capital funds not later than 4 years after the date on which the 
funds become available for obligation, plus the period of any extension 
approved under section 9(j)(2). The expenditure period under section 
9(j)(5) is accordingly also extended in the affected areas for 12 
months to include the extension approved under section 9(j)(2). The 
extension of the section 9(j) obligation and extension deadlines made 
in this notice also apply to the implementing regulation for section 
9(j) at 24 CFR 905.120.
    Under this extension notice, the original deadlines for obligation 
and expenditure of capital funds may be extended an additional 12 
months from the initial 12 months plus subsequent 3 months made 
available under the Katrina, Rita, and Wilma regulatory and 
administrative waiver notices for all PHAs in federally declared 
disaster areas that previously notified HUD they were suspending 
compliance with this requirement, thereby allowing a total of 27 
additional months beyond the original obligation and expenditure 
deadlines, subject to submission to HUD of the necessary notification 
or waiver request to cover the extended waiver period, as explained in 
the Summary and Section II.A.(2) of this notice.
    b. Extension of Deadlines for Improvement of PHAs Designated 
Troubled or Substandard (Extension Available for PHAs in Hurricane Rita 
as well as Hurricane Katrina Disaster Areas). Sections 
6(j)(3)(B)(ii)(I) and (II) of the 1937 Act (42 U.S.C. 
1437d(j)(3)(B)(ii)(I) and (II)) and the implementing regulations for 
these sections at 24 CFR 902.75(d)(1) and (2) require that a PHA 
designated as troubled improve its performance by 50 percent within one 
year of such designation, and improve its performance to no longer be 
designated as troubled within 2 years of such designation. The 
implementing regulations also apply these one- and 2-year deadlines for 
improvement to PHAs designated as overall troubled and substandard. The 
consequences for failure to timely achieve the required improvements 
could require the appointment of a receiver for the PHA, pursuant to 
section 6(j)(3)(B)(ii)(III) of the 1937 Act and 24 CFR 902.77 of the 
implementing regulations. The apparent meaning of the provision is that 
Congress intended that a troubled PHA would have one or 2 uninterrupted 
years of continuous operation during which to improve its performance 
so that it is no longer designated as troubled, before the actions by 
the Secretary required under section (6)(j)(3)(B)(ii)(III) would be 
triggered.
    HUD has determined that because the extraordinary conditions 
created by Hurricanes Katrina and Rita cited throughout this notice and 
the notice published on October 3, 2005 (70 FR 57716), were caused by 
acts outside the control of any PHA, and outside the control of any 
government or private entity, and because such conditions interrupted 
the one-or 2-year period of contemplated continuous operation of the 
troubled agency in the disaster areas, the Secretary will extend, by 12 
months, each of the respective periods for improvement under sections 
6(j)(3)(B)(ii)(I) and (II) of the 1937 Act and the implementing 
regulations for these sections (at 24 CFR 902.75(d)(1) and (2)) for 
troubled or substandard PHAs in the disaster area that were 
substantially impacted by Hurricanes Katrina and Rita. This action will 
permit the administrators of affected PHAs designated as troubled or 
substandard to devote their attention to the fullest extent necessary 
to address the problems created by the disaster.
    Under this extension notice, the respective periods for improvement 
are extended by an additional 12 months from the initial 12 months plus 
subsequent 3 months made available under the prior Katrina, Rita, and 
Wilma regulatory and administrative waiver notices, for a total of 27 
months beyond the standard deadlines for the respective periods for 
improvement, subject to submission to HUD of the necessary notification 
or waiver request to cover the extended waiver period, as explained in 
the Summary and Section II.A.(2) of this notice.

2. Regulatory Requirements.

    a. 24 CFR 5.801(c) and 5.801(d)(1) (Uniform Financial Reporting 
Standards (UFRS); Reporting Due Date). These sections establish uniform 
financial reporting standards for PHAs and other owners and 
administrators of HUD-assisted housing. Section 5.801(c) establishes 
the financial information requirements and Sec.  5.801(d)(1) 
establishes the filing deadline for financial information and provides 
that PHAs must submit their unaudited financial information no later 
than 60 days after the end of their fiscal year. In addition, Sec.  
5.801(d)(1) requires that PHAs submit their audited financial 
information no later than 9 months after the PHA's fiscal year end. 
Under the original three notices, the deadline for the submission of 
unaudited financial information was changed from 60 days to 180 days 
after the end of the PHA's fiscal year. Also, under the original three 
notices, the deadline for the submission of audited financial

[[Page 78027]]

information was changed from 9 months to 13 months after the end of the 
PHA's fiscal year, for PHAs with fiscal years ending December 31, 2004, 
and March 31, 2005.
    Under this notice, the deadline for submitting unaudited financial 
information is automatically changed from 60 days to 180 days after the 
end of the PHA's fiscal year for PHAs in the federally declared 
disaster areas that previously notified HUD they were utilizing the 
extended deadlines for unaudited financial submissions set forth in the 
original Hurricane Katrina, Rita, and Wilma waiver notices, as well as 
for PHAs in non-disaster declared areas contributing to Hurricanes 
Katrina, Rita, and Wilma recovery efforts that requested and were 
granted an extended deadline for unaudited financial submissions under 
the original three waiver notices. The extended deadline will apply 
only to eligible PHAs with fiscal years ending December 31, 2006, March 
31, 2007, June 30, 2007, and September 30, 2007. The deadline for 
submitting audited financial information is not changed and remains 9 
months after the end of the PHA's fiscal year.
    Although PHAs are still required to submit unaudited and audited 
financial information pursuant to UFRS, they will not be scored under 
the Public Housing Assessment System (PHAS), as more fully discussed in 
Section III.B.2.b.
    b. 24 CFR part 902 (Public Housing Assessment System (PHAS)). Part 
902 sets out the indicators by which HUD measures the performance of a 
PHA. These indicators measure a PHA's physical condition, financial 
condition, management operations, and resident service and 
satisfaction.
    In the original three notices, for PHAs in the federally declared 
disaster area beginning with a fiscal year ending September 30, 2005, 
and for those with fiscal years ending March 31, 2005, and June 30, 
2005, that had not yet received their physical condition inspections 
for 2005, the PHAS score would be the same as their previous year 
score. However, PHAs were still required to submit unaudited and 
audited information in accordance with Section III.B.3 of the original 
notice.
    Under this extension notice, PHAs in the federally declared 
disaster areas that previously notified HUD they were suspending the 
requirements set forth in the Hurricane Katrina, Rita, and Wilma waiver 
notices, as well as PHAs in non-disaster declared areas contributing to 
Katrina, Rita, and Wilma recovery efforts that requested and were 
granted a waiver by HUD, will be automatically waived for fiscal years 
ending December 31, 2006, March 31, 2007, June 30, 2007, and September 
30, 2007, and will receive the same PHAS score that they received for 
the most recent year that they were fully assessed under PHAS. However, 
these PHAs must submit unaudited and audited information in accordance 
with Section III.B.2.a. Beginning with fiscal years ending December 31, 
2007, and continuing for all fiscal years thereafter, these PHAs will 
be fully assessed under PHAS, unless they notify HUD within 45 calendar 
days of the effective date of this notice that they want to be scored 
under PHAS sooner. Thus, on January 1, 2007, the affected PHAs must 
begin to prepare for their PHAS assessments that will start with the 
PHAs with fiscal years ending December 31, 2007.
    c. 24 CFR 903.5 (Annual Plan Submission Deadline). Section 5A(h)(2) 
of the 1937 Act (42 U.S.C. 1437c-1(h)(2)) and 24 CFR 903.5 provide that 
a PHA Annual Plan must be submitted no later than 75 days before the 
commencement of a PHA's fiscal year. Each PHA affected may have a 
different fiscal year and for those PHAs that are approaching this 
submission deadline, this requirement may be impossible to meet because 
the PHAs are not operating. Because this requirement is a statutory one 
and not waivable by HUD without further authority, HUD is currently 
seeking legislative relief. In the interim, HUD will accept, as a 
submission, a letter from the PHA stating that HUD should consider its 
existing annual plan to be the plan for the next year or until it 
submits another annual plan. For Capital Fund activities, PHAs may 
obligate their Capital Funds for any activity listed in their existing 
and approved 5-year plan. PHAs should also submit amendments to their 
5-year plan to the extent necessary.
    For this extension period ending December 31, 2007, HUD will 
continue to accept, as a PHA Plan submission, a letter from the PHA 
stating that HUD should consider its existing annual plan to be the 
plan for the next year or until it submits another annual plan, subject 
to submission to HUD of the necessary notification or waiver request to 
cover the extended waiver period, as explained in Section II.A.(2) of 
this notice. PHAs are still required to submit the Capital Fund Annual 
Statement and Performance and Evaluation Report for each open grant.
    d. 24 CFR 905.10(i) (Capital Fund Formula; Limitation of 
Replacement Housing Funds to New Development). Section 905.10 describes 
the Capital Fund formula. Section 905.10(i) limits the use of 
replacement housing funds to the development of new public housing. 
This section is waived to allow replacement housing funds to be used 
for two other areas: (1) Public housing modernization and (2) 
homeownership for public housing families, which will help address 
housing needs caused by Hurricane Katrina.
    Under this extension, the time frame during which the PHA has the 
authority to use Replacement Housing Factor (RHF) grants for 
modernization or homeownership is extended for an additional period 
ending December 31, 2007, subject to submission to HUD of the necessary 
notification or waiver request to cover the extended waiver period, as 
explained in the Summary and Section II.A.(2) of this notice. PHAs are 
required to resubmit their RHF Plans and identify which RHF grants will 
be used for modernization or homeownership.
    e. 24 CFR 941.306 (Maximum Project Cost). Section 941.306 
establishes the calculation of maximum project cost and the calculation 
of the total development cost. In order to facilitate the use of 
capital funds for repairs and construction for needed housing in the 
disaster areas, HUD has waived the total development cost (TDC) and 
housing cost cap limits for all work funded by the Capital Fund and 
HOPE VI funds until issuance of new TDC levels. Until new TDC levels 
are issued, PHAs should strive to keep housing costs reasonable in 
light of local market conditions.
    Under this waiver extension notice, the time frame during which 
PHAs have the authority to waive the TDC and housing cost cap limits is 
extended for an additional period, ending December 31, 2007, subject to 
submission to HUD of the necessary notification or waiver request to 
cover the extended waiver period, as explained in the Summary and 
Section II.A.(2) of this notice, and in recognition of the higher 
development costs in communities affected by Hurricanes Katrina, Rita, 
and Wilma, and to facilitate the development of housing for families in 
these communities.
    f. 24 CFR 965.302 (Requirements for Energy Audits). This section 
establishes the requirement that all PHAs complete an energy audit for 
each PHA-owned project under management, not less than once every 5 
years. PHAs that were required to conduct or update an audit this year 
are given an additional 12 months after September 30, 2005, to complete 
the audit. HUD is relieving PHAs of this administrative burden so that 
they may focus on the more urgent need to house impacted families.
    Under this notice, PHAs that are required to conduct or update an 
audit

[[Page 78028]]

in the current year are given until December 31, 2007, to complete the 
audit, subject to submission to HUD of the necessary notification or 
waiver request to cover the extended waiver period, as explained in the 
Summary and Section II.A.(2) of this notice.
    g. 24 CFR 982.54 (Administrative Plan). This section provides that 
a PHA must adopt, in accordance with HUD requirements, a written 
administrative plan that establishes local policies for the 
administration of the Housing Choice Voucher Program. In order to allow 
PHAs to exercise maximum flexibility with program administration as a 
result of Hurricane Katrina, the PHA may temporarily revise the 
administrative plan to address unique circumstances without PHA Board 
of Commissioners approval or other authorized PHA official approval, if 
such Board or officials also waive this requirement.
    Under this notice, the waiver is extended an additional time 
period, ending December 31, 2007, subject to submission to HUD of the 
necessary notification or waiver request to cover the extended waiver 
period, as explained in the Summary and Section II.A.(2) of this 
notice.
    h. 24 CFR 982.401(d) (Housing Quality Standards: Space 
Requirements). By regulation, Sec.  982.401 establishes housing quality 
standards. Section 982.401(d) provides, among other things, the 
requirement for adequate space for the family. With respect to space, 
this section provides that each dwelling unit must have at least one 
bedroom or living/sleeping room for every two persons. The spacing 
requirements of this section can be waived only if the family 
understands and consents to a waiver of this provision. Again, as noted 
from the outset, the waiver of these regulations does not represent a 
long-term change but rather a temporary suspension of requirements to 
address emergency needs.
    Under this notice, the waiver of space requirements is extended an 
additional time period, ending December 31, 2007, subject to submission 
to HUD of the necessary notification or waiver request to cover the 
extended waiver period, as explained in Section II.A.(2) of this 
notice.
    i. 24 CFR 982.503(b) (Waiver of Payment Standard Limit; 
Establishing Payment Standard Amounts). [Waiver of this Provision 
Available through Waiver Request.] Section 982.503(b) imposes a cap on 
the amount a PHA may establish as its payment standard amount at 110 
percent of the published fair market rent (FMR). In order to expand the 
housing available to families displaced by Hurricane Katrina, PHAs in 
disaster areas may establish separate payment standard amounts up to 
120 percent of the published FMR. Higher exception payment standards 
above 120 percent may be requested through the expedited waiver 
process, but must be justified by rental housing data. In all cases, 
the actual gross rent for the unit leased by the family may not exceed 
what is charged for comparable unassisted units in the area.
    Note that areas outside of disaster areas in which rental housing 
markets have been significantly affected by families displaced by 
Hurricane Katrina may request a waiver through the expedited waiver 
review process, set forth in Section II of this notice, for approval of 
payment standards in excess of 110 percent of the published FMRs. 
However, the PHA must provide information indicating that: (1) They 
have a significant number of displaced families and (2) area rents have 
increased.
    Under this notice, the waiver of payment standard limits is 
extended an additional time period, ending December 31, 2007, subject 
to submission to HUD of the necessary waiver request to cover the 
extended waiver period as explained in the Summary and Section II.A.(2) 
of this notice, and upon HUD approval of waiver requests submitted 
through the expedited waiver process.
    j. 24 CFR 984.303 (Contract of Participation; Family Self-
Sufficiency (FSS) Program; Extension of Contract) and 24 CFR 984.105 
(Minimum Program Size). Part 984 of HUD's regulations provide the 
requirements for the Section 8 and Public Housing FSS Program. Section 
984.303 sets out the requirements for the contract of participation, 
and Sec.  984.303(d) allows for an extension of the FSS program for a 
period not to exceed 2 years. For those families at the end of their 
initial contract term, the 2-year limitation is waived and PHAs may 
provide an extension for a period not to exceed 3 years. This 
additional time period would account for any time lost on the FSS 
contract as a result of the displacement of families participating in 
the FSS program. Section 984.105 sets out the requirements for minimum 
FSS program size. This notice exempts PHAs from the minimum program 
size (Sec. Sec.  984.105(a) and (b)) for a period of 2 years.
    Under this waiver extension notice, the 2-year limitation continues 
to be waived and PHAs may extend the extension period an additional 12 
months, not to exceed 4 years; and the minimum program size exemption 
may be extended an additional 12 months, for a period of 3 years, 
subject to submission to HUD of the necessary notification or waiver 
request to cover the extended waiver period, as explained in the 
Summary and Section II.A.(2) of this notice.
    k. 24 CFR part 985 (Section 8 Management Assessment Program 
(SEMAP)). Part 985 sets out the requirements by which Section 8 tenant-
based assistance programs are assessed. Similar to the action that HUD 
has taken with respect to the PHAS regulations in 24 CFR part 902, PHAs 
administering a Section 8 tenant-based assistance program are eligible 
to defer compliance with the SEMAP requirements for a period of 12 
months.
    Under this waiver extension notice, eligibility to defer compliance 
with SEMAP requirements is extended another 12 months, similarly to 
eligibility to defer compliance with PHAS requirements, except that 
this waiver is subject to submission to HUD of the necessary 
notification or waiver request to cover the extended waiver period, as 
explained in the Summary and Section II.A.(2) of this notice. That is, 
PHAs in the federally declared disaster areas that notify HUD they are 
suspending this requirement during the extended waiver period, and PHAs 
in non-disaster declared areas contributing to Hurricanes Katrina, 
Rita, and Wilma recovery efforts that request and are granted a waiver 
by HUD during the waiver extension period with fiscal years ending 
December 31, 2006, March 31, 2007, June 30, 2007, and September 30, 
2007, will receive the same SEMAP score that they received for the most 
recent year that they were fully assessed under SEMAP. Beginning with 
fiscal years ending December 31, 2007, these PHAs will be fully 
assessed under SEMAP.
    l. 24 CFR 990.145 (Dwelling Units with Approved Vacancies). Section 
990.145 of the Operating Fund Program regulation lists the categories 
of vacant units that are eligible to receive operating subsidy and, 
therefore, are considered approved vacancies. PHAs that had vacant 
units during the reporting period that were not ``approved'' vacancies 
pursuant to Sec.  990.145, but were available for occupancy, may treat 
those units as approved vacancies if: (1) The PHA anticipates the units 
will be occupied by families and individuals affected by the disaster 
during the upcoming funding year or (2) the PHA is holding the units 
vacant for families and individuals affected by the disaster.

[[Page 78029]]

    Under this notice, PHAs may continue to treat vacant units as 
approved, if the subject conditions are met, for FY2007 operating 
subsidy calculations, subject to submission to HUD of the necessary 
notification or waiver request to cover the extended waiver period, as 
explained in the Summary and Section II.A.(2) of this notice.

IV. Twelve-Month Extension of Waivers

    Due to the lengthy recovery period brought about by Hurricanes 
Katrina, Rita, and Wilma, HUD will automatically extend for an 
additional period, ending December 31, 2007, or for such other period 
as specified in this notice (e.g., for UFRS and PHAS waivers): (1) 
Those waivers that PHAs in the disaster-declared areas notified HUD 
they were utilizing and (2) those waivers that PHAs outside of the 
disaster declared areas that were assisting with recovery efforts in 
the disaster areas requested and were approved for by HUD under the 
waiver notices published for each hurricane. A list of those PHAs is 
included with this notice. The expiration date for waivers granted 
under the Hurricane Katrina notice published October 3, 2005, is 
December 28, 2006; the one for the Hurricane Rita notice published 
November 1, 2005 (70 FR 66222), is January 26, 2007; and the one for 
the Hurricane Wilma notice published on March 13, 2006, is June 7, 
2007.
    Any PHA that does not wish for or need an automatic extension must 
notify HUD within 45 calendar days of the effective date of this notice 
by using the e-mail addresses identified in Section II of this notice.

    Dated: December 21, 2006.
Roy A. Bernardi,
Deputy Secretary.

 Appendix A.--PHAs/Tribes/TDHEs that Submitted Waiver Suspension Notifications or Requests under Original Waiver
                                                     Notices
----------------------------------------------------------------------------------------------------------------
                                     Agency type (PHA/
Disaster (Katrina, Rita or Wilma)    TDHE/ tribe/local       Agency code           Agency or government name
                                        government)
----------------------------------------------------------------------------------------------------------------
                                    Katrina Suspension Notifications Received
----------------------------------------------------------------------------------------------------------------
Katrina..........................  PHA.................  AL165..............  Foley Housing Authority
Katrina..........................  PHA.................  LA001..............  Housing Authority of New Orleans
Katrina..........................  PHA.................  LA003..............  East Baton Rouge Parish Housing
                                                                               Authority
Katrina..........................  PHA.................  LA004..............  Lake Charles Housing Authority
Katrina..........................  PHA.................  LA005..............  Lafayette Parish Housing Authority
Katrina..........................  PHA.................  LA011..............  Westwego Housing Authority
Katrina..........................  PHA.................  LA012..............  Housing Authority of Kenner
Katrina..........................  PHA.................  LA013..............  Jefferson Parish Housing Authority
Katrina..........................  PHA.................  LA024..............  Bogalusa Housing Authority
Katrina..........................  PHA.................  LA026..............  Kaplan Housing Authority
Katrina..........................  PHA.................  LA029..............  Crowley Housing Authority
Katrina..........................  PHA.................  LA036..............  Morgan City Housing Authority
Katrina..........................  PHA.................  LA043..............  Donaldsonville Housing Authority
Katrina..........................  PHA.................  LA045..............  Arcadia Housing Authority
Katrina..........................  PHA.................  LA055..............  Housing Authority of the City of
                                                                               Opelousas
Katrina..........................  PHA.................  LA063..............  Sulphur Housing Authority
Katrina..........................  PHA.................  LA070..............  Housing Authority of the Town of
                                                                               Patterson
Katrina..........................  PHA.................  LA076..............  Ferriday Housing Authority
Katrina..........................  PHA.................  LA080..............  Housing Authority of Lafourche
                                                                               Parish
Katrina..........................  PHA.................  LA090..............  Houma-Terrebonne Housing Authority
Katrina..........................  PHA.................  LA092..............  St. James Parish Housing Authority
Katrina..........................  PHA.................  LA094..............  St. Charles Parish Housing
                                                                               Authority
Katrina..........................  PHA.................  LA095/.............  Housing Authority of St. John the
                                                         LA181..............   Baptist Parish
Katrina..........................  PHA.................  LA103..............  Slidell Housing Authority
Katrina..........................  PHA.................  LA254..............  Pearl River Housing Authority
Katrina..........................  PHA.................  LA122..............  Colfax Housing Authority
Katrina..........................  PHA.................  LA132..............  Avoyelles Parish Section 8 Program
Katrina..........................  PHA.................  LA178..............  St. Martin Parish Police Jury
Katrina..........................  PHA.................  LA207..............  Tangipahoa Parish Government
Katrina..........................  PHA.................  LA215..............  Assumption Parish Police Jury
Katrina..........................  PHA.................  LA219..............  City of Baton Rouge Office of
                                                                               Community Development
Katrina..........................  PHA.................  LA221..............  Morgan City Housing Authority
Katrina..........................  PHA.................  LA238..............  Covington Housing Authority
Katrina..........................  PHA.................  LA253..............  Housing Authority of Lafourche
                                                                               Parish
Katrina..........................  PHA.................  LA262..............  East Carroll Parish Housing
                                                                               Authority
Katrina..........................  PHA.................  MS001..............  Hattiesburg Housing Authority
Katrina..........................  PHA.................  MS002..............  City of Laurel Housing Authority
Katrina..........................  PHA.................  MS003..............  The Housing Authority of the City
                                                                               of McComb City, Mississippi
Katrina..........................  PHA.................  MS004..............  The Housing Authority of the City
                                                                               of Meridian
Katrina..........................  PHA.................  MS005..............  Biloxi Housing Authority
Katrina..........................  PHA.................  MS030..............  Mississippi Regional Housing
                                                                               Authority No. V
Katrina..........................  PHA.................  MS040..............  Mississippi Regional Housing
                                                                               Authority No. VIII
Katrina..........................  PHA.................  MS047..............  The Housing Authority of the City
                                                                               of Starkville, Mississippi
Katrina..........................  PHA.................  MS057..............  Mississippi Regional Housing
                                                                               Authority No. VII
Katrina..........................  PHA.................  MS058..............  Mississippi Regional Housing
                                                                               Authority No. VI
Katrina..........................  PHA.................  MS061..............  Canton Housing Authority
Katrina..........................  PHA.................  MS064..............  Bay St. Louis Housing Authority

[[Page 78030]]

 
Katrina..........................  PHA.................  MS066..............  Picayune Housing Authority
Katrina..........................  PHA.................  MS067..............  Richton Housing Authority
Katrina..........................  PHA.................  MS071..............  Aberdeen Housing Authority
Katrina..........................  PHA.................  MS077..............  Tupelo Housing Authority
Katrina..........................  PHA.................  MS082..............  Winona Housing Authority
Katrina..........................  PHA.................  MS084..............  Housing Authority of the Town of
                                                                               Summit
Katrina..........................  PHA.................  MS086..............  Vicksburg Housing Authority
Katrina..........................  PHA.................  MS094..............  Hazlehurst Housing Authority
Katrina..........................  PHA.................  MS101..............  Waveland Housing Authority
Katrina..........................  PHA.................  MS103..............  Housing Authority of the City of
                                                                               Jackson, Mississippi
Katrina..........................  PHA.................  MS105..............  Natchez Housing Authority
Katrina..........................  PHA.................  MS107..............  Greenwood Housing Authority
Katrina..........................  PHA.................  MS109..............  Long Beach Housing Authority
Katrina..........................  Tribe...............  Tribe..............  Tunica-Biloxi Tribe of Louisiana
Katrina..........................  TDHE................  Indian HA..........  Choctaw Housing Authority
Katrina..........................  Tribe...............  Tribe..............  Chitimacha Tribe of Louisiana
Katrina..........................  Tribe...............  Tribe..............  Poarch Band of Creek Indians
----------------------------------------------------------------------------------------------------------------
                                        Katrina Waiver Requests Submitted
---------------------------------